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Home My WebLink About2003 10-21 CC AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY — OCTOBER 21, 2003 - 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. PLEDGE OF ALLEGIANCE TO THE FLAG AND INVOCATION BY MAYOR NICK INZUNZA APPROVAL OF THE MINUTES OF THE ADJOURNED REGULAR MEETING OF SEPTEMBER 16, 2003, THE SPECIAL MEETING OF SEPTEMBER 30, 2003 AND THE REGULAR MEETING OF OCTOBER 7, 2003. PUBLIC ORAL COMMUNICATIONS (Three -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. COPIES OF THE CITY COUNCIL MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca.us COUNCIL AGENDA 10/21/03 PAGE 2 PRESENTATIONS Employee Recognition — William Strasen Employee of the Month Program — Andrew Hoskinson INTERVIEWS/APPOINTMENTS 1. Boards & Commissions: National City Community and Police Relations Commission — Interviews and Appointments. (City Clerk) PUBLIC HEARING 2. Continued Public Hearing — Amendment to Title 18 (zoning) of the National City Municipal Code regarding the sale of alcoholic beverages. (City initiated) (Case File No. A-2003-1) (Planning) 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 Councilmember, a staff member, or a member of the public. 3. Approval of a motion to waive reading of the text of all Ordinances considered at this meeting and provide that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk). 4. Resolution No. 2003-148 Resolution of the City Council of the City of National City accepting the United States Department of Justice Local Law Enforcement Block Grant. (Police) COUNCIL AGENDA 10/21/03 PAGE 3 5. Resolution No. 2003-149 Resolution of the City Council of the City of National City approving a variance for a covered patio in the front yard setback of the American Legion building at 35 East 18th Street. Applicant: American Legion Post 255. (Case File No. Z-2003-4) (Planning) 6. Resolution No. 2003-150 Resolution of the City Council of the City of National City adopting an Amendment to the Combined General Plan/Zoning Map from CI to RS-2 for approximately 1.06 acres at the southeast corner of East 8th Street and N Avenue. (Applicant: City initiated) (Case File Nos. GP-2003-3, ZC-2003-2) (Planning) WARRANT REGISTER NO. 14 (Finance) Ratification of Demands in the amount of $888,947.55. WARRANT REGISTER NO. 15 (Finance) Ratification of Demands in the amount of $462,567.00. NON CONSENT RESOLUTION 9. Resolution No. 2003-151 Resolution of the City Council of the City of National City adding Council Policy No. 204 to the City Council Policy Manual to establish a City Donation Acceptance Policy. (City Attorney and Finance) 6. Resolution No. 2003-150 Resolution of the City Council of the City of National City adopting an Amendment to the Combined General Plan/Zoning Map from CI to RS-2 for approximately 1.06 acres at the southeast corner of East 8th Street and N Avenue. (Applicant: City initiated) (Case File Nos. GP-2003-3, ZC-2003-2) (Planning) COUNCIL AGENDA 10/21/03 PAGE 4 ORDINANCE FOR INTRODUCTION 10. An Ordinance of the City Council of the City of National City rezoning certain parcels of real property pursuant to the Land Use Code from CL to RS-2 at the southeast corner of 8th Street and N Avenue. Applicant: City initiated. (Case File Nos. GP-2003-3, ZC-2003-2) (Planning) *Refer to Item #6 OLD BUSINESS 11. Park Security (Parks & Recreation) NEW BUSINESS 12. 9/80 Work Schedule — Request for Concept Approval. (City Manager) 13. Amendment to Appendix D of the Land Use Code regarding wireless communications facilities, public agency water storage tanks, and reservoirs for potable water. (Applicant: Cingular Wireless) (Case File No.: A-2003-3). (Planning) *Refer to Item #14. 14. Notice of Decision — Approval of a Conditional Use Permit for a wireless communications facility at 5800 Boxer Road. (Applicant: Cingular Wireless) (Case File No.: CUP-2003-16) (Planning) *Refer to Item #13 15. Notice of Decision — Approval of a Conditional Use Permit for a private event hall at 1830 Sweetwater Rd. in the Sweetwater Town and Country Shopping Center. (Applicant: BBB, Inc.) (Case File No.: CUP-2003-21) (Planning) 16. Notice of Decision — Approval of a Conditional Use Permit for replacement of the existing Jack in the Box restaurant at 1745 Highland Avenue with a new building and a variance for a 24-foot wide drive aisle. (Applicant: Lyons, Warren & Associates) (Case File No.: CUP-2003-17/Z-2003-9) (Planning) COUNCIL AGENDA 10/21/03 PAGE 5 NEW BUSINESS (Cont.) 17. Temporary Use Permit — Walmart — Temporary Trailer. (Building & Safety) 18. Temporary Use Permit — Sweetwater High School — Homecoming Fireworks Display. (Building & Safety) 19. Temporary Use Permit — Sweetwater Town & Country Merchants — Fabulous 50's. (Building & Safety) STAFF MAYOR AND CITY COUNCIL 20. Discussion of the Neighborhood Community Breakfast Meeting on October 25, 2003. (Council initiated) CLOSED SESSION Conference with Legal Counsel — Anticipated Litigation Significant exposure to litigation pursuant to Government Code Section 54956.9 (b) (One potential case) Public Employee Performance Evaluation — Government Code Section 54957. Title: Acting City Manager ADJOURNMENT Next Regular City Council Meeting — Tuesday — November 4, 2003 - 6:00 p.m. — Council Chambers, Civic Center TAPE RECORDINGS OF EACH CITY COUNCIL MEETING ARE AVAILABLE FOR SALE IN THE CITY CLERK'S OFFICE City of National City Human Resources Department 1243 National City Boulevard National City, CA 91950-4301 Phone: (619) 336-4300 TDD: (619) 336-4304 MEMORANDUM DATE October 6, 2003 TO : N. Paola Hernandez, Special Assistant to the Mayor FROM Lilia Munoz, Executive Assistant I -- SUBJECT : EMPLOYEE RECOGNITION The following City employee will complete his twenty years of service with the City of National City on October 17, 2003: NAME WILLIAM STRASEN POSITION : POLICE SERGEANT HIRED OCTOBER 17, 1983 As part of the Employee/Retiree Recognition Program, the employee wishes to have the opportunity to receive a City Council Recognition at the Council Meeting of October 21, 2003. Please make the necessary arrangements if this is acceptable, and send confirmation of the schedule to Human Resources and the employee concerned. The commendation letter and anniversary pin will be sent prior to the presentation. Thank you. xc: SGT. Strasen Acting Police Chief RECOGPRG.DOC-12 ® Recycled Paper City of National City " Human Resources Department 1243 National City Boulevard National City, CA 91950-4301 Phone: (619) 336-4300 TDD: (619) 336-4304 MEMORANDUM October 7, 2003 TO Park Mors , Acting City Manager FROM Patt Zama erim Director of Human Resources SUBJECT EMPLOYEE OF THE MONTH PROGRAM The Employee of the Month Program is intended to communicate the City's appreciation for outstanding performance and service by recognizing those employees who maintain high standards of personal conduct and who make significant contributions to the work environment and our community. The employee selected by the Planning Department to be recognized for the month of October 2003 is Andrew Hoskinson, Associate Planner (nomination attached). Mr. Hoskinson has been invited to attend the Council meeting of Tuesday, October 21, 2003, and be recognized for his achievements and service. Attachment (1) xc: Department Director Andrew Hoskinson Councilmember Natividad PZ:Im A:\NOMINATION LETTER TO CM ® Recycled Paper I nominate for the Performance Recognition Award for the following reasons: Please state reason why your nominee should receive an award, (i.e., examples of service beyond requirements of position, exemplary service to the public, outstanding job performance, etc). Do not exceed 150 total words. Please be as specific as possible when giving your examples. Andy Hoskinson has been a City employee for approximately three years. Hired as a Planning Technician he has received two promo -Hong, most recently to Associate Planner. His technical skills are excellent. He writes clear, thorough reports and has a keen eye for detail in reviewing' development plans. Andy's work ethic makes him stand out. With the recent vacancies in the Planning Department, Andy has stepped up and completed a truly incredible amount of work, exceeding his own typically high standards. Customer service is an area where Andy excels. He always goes the extra yard in providing information to the public or guiding someone through a process. His calm demeanor enables him to convey information that people don't always want to hear, without generating ill will. Employees of other City departments also appreciate Andy's willingness to help them research an issue or solve a problem. It is clear that Andy Hoskinson is truly deserving of the performance recognition reward. City of National City Performance Recognition Award i Nomination Form Andrew Hoskinson FORWARD COMPLETED NOMINATIONS TO: National City Performance Recognition Program Personnel Director Kathleen Trees, Building & Safety Director, and Roger Post, Planning Direct, Nominated by: Signature: 1 Date: �%�a9/0,3 NC PersDept Form 2003 City of National City, California COUNCIL AGENDA STATEMENT IEETING DATE October 21, 2003 ITEM TITLE AGENDA ITEM NO. Boards and Commissions: National City Community and Police Relations Commission - Interviews and Appointments PREPARED BY Michael R. Dalla, CMC EXPLANATION PARTMENT City Clerk 1 The Mayor has requested that appointments for the National City Community and Police Relations Commission be considered at this meeting. Environmental Review XX N/A Financial Statement None STAFF RECOMMENDATION Proceed to fill the existing vacancies. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Attachment - List of Applicants `ae Approved By: Finance Director Account No. Resolution No. A-200 (9/99) Twenty individuals have applied and been interviewed for appointment to the Commission. Applying the established membership criteria, the twenty applicants are eligible for appointment under the following categories: National City POA (non -voting member) Thomas Wilkins Human Rights Organization (non -voting member) No apparent applicants Voting Members (A minimum of five must be National City residents) Residents: Samuel Arroyo Jr Allen R Bailey Jerry Cano Stu Gordon Alma Graham John Kirk Antonio S Lacsima Janice Martinelli Daniel W O'Brien Rosemary Peyron Craig S Prior Alethea R Pruitt Judith de los Santos William J Sendt E Tracy Smith Non Residents: Louise Branch Joseph Gonzales Mark L Gundert Bill Kinney 2. Draft Ordinance 3. Recommended Finding City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 21, 2003 2 AGENDA ITEM NO. %ITE TITLE CONTINUED PUBLIC HEARING —AMENDMENT TO TITLE 18 (ZONING) OF THE NATIONAL CITY MUNICIPAL CODE REGARDING THE SALE OF ALCOHOLIC BEVERAGES. (CITY INITTIATED) CASE FILE NO. A-2003-1 PREPARED Y Roger Posf, IA336-4310 DEPARTMENT Planning EXT. EXPLANATION On September 16, 2003 the City Council held a public hearing regarding proposed modifications to zoning regulations regarding the sale of alcoholic beverages. After considering public testimony the hearing was continued to this date. On September 30, 2003 a special Council meeting/workshop session was held at Sweetwater High School. At that meeting current code regulations and proposed changes were explained to the public and additional comment was received. Community members also provided a document titled " Draft Policy Sheet" which is attached to this report. It contains a series of recommendations as well as a list of questions and concerns. While several of these items can be regulated through a conditional use permit, most are under the purview of the State ABC. The draft ordinance considered by Planning Commission is included for your review. In addition, Donna Edwards, President, Fred Demeo, Inc. has submitted another letter and requested that it be included in this report. Environmental Review X N/A Financial Statement N/A MIS Approval Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve the proposed amendments or provide direction for additional changes. BOARD / COMMISSION C E DATIO The Planning Commission recommended the amendment not be adopted. Vote: Ayes: Pruitt, Saludares, Alvarado, Flores, Baca, Reynolds, Graham Nays: Carillo; Absent: ATTACHMENTS ( Listed Below ) 1. Report 4. Notice of Exemption 5. Letters from owner of Trophy Lounge Resolution No. 6. Draft Policy Sheet 7. Summary of (existing) Land Use Regulations on the Sale of Alcohol A-200 (Rev. 7/03) REPORT ON PROPOSED CHANGES TO REGULATIONS ON THE SALE OF ALCOHOL The following changes are incorporated in the draft ordinance. The numbers at the end of each title in the list correspond to those in the draft ordinance that is provided in a separate agenda item. 1. Distance from schools 18.71.030 The amendment would delete the requirement for 660-foot distance from a school for all establishments except liquor stores. It would also clarify that the distance restriction applies only to schools providing instruction at Kindergarten through 12th grade levels. One particular project held back by current Code requirements is the proposed rebuilding of Trophy Lounge as a restaurant. The CDC is encouraging this project. However, current distance restrictions do not allow the rebuilding, with or without food service, as it is less than 660 feet from the Higher Education Center and Education Village. Other restaurants located near schools may have interest in selling alcohol. Many locations along Highland Avenue are affected by nearby Central, Otis, and Olivewood Schools, and Sweetwater High School. 2. Sunset clause 18.71.020 Would add a provision for the automatic expiration (sunset clause) of Conditional Use Permits for the sale of alcohol after three years, or any shorter period approved by the Council. Sunset clauses have been required in Conditional Use Permits approved by the City Council for 7 Dias Market and Pat & Oscar's restaurant. The clause would also apply to any modification of an existing Conditional Use Permit, but will not apply to any existing Conditional Use Permit unless modification is sought. The owner of the Trophy Lounge has objected to this requirement, as stated in their attached letter. 3. Karaoke 18.71.100 Would clarify that karaoke constitutes a form of live entertainment requiring a conditional use permit. 4. Separation between establishments selling alcohol. 18.71.030 These requirements specify distances for separation of the same type of establishments from one another. The Amendment would maintain current standards and would clarify that there are no requirements separating the following types of establishments that may sell alcohol: • Restaurants (from other restaurants) • Grocery stores and convenience markets (from each other) 5. Restricted hours for restaurants selling alcoholic beverages 18.71.050 The draft ordinance would clarify that a Conditional Use Permit may specify the allowable hours for the sale of alcoholic beverages. Otherwise, it would be prohibited after midnight. This is a current Code restriction. The owner of Trophy Lounge expressed concern that they be permitted to sell alcoholic beverages after midnight at their proposed restaurant. This would need to be specified in the Conditional Use Permit. 6. Additional cleanup item The Amendment would delete an unused provision for exceptions to distance requirements for bars and cocktail lounges or nightclubs. The proposed Amendment maintains current requirements for a Conditional Use Permit for the sale of alcohol at any establishment, whether for consumption on -site or off -site. Additional changes were considered that would have added restrictions on outdoor advertising and a requirement for server training. The City Attorney has advised that these matters should be addressed by conditions of approval for Conditional Use Permits, rather than as Code regulations. ORDINANCE NO. 2003 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE NATIONAL CITY MUNICIPAL CODE BY AMENDING TITLE 18 (ZONING), CHAPTERS 18.16 AND 18.71, REGARDING THE SALE OF ALCOHOLIC BEVERAGES APPLICANT: CITY INITIATED CASE FILE NO.:A-2003-1 BE IT ORDAINED by the City Council that Title 18 of the National City Municipal Code is amended as follows: Section 1. That Chapter 18.16 is amended by repealing Sections 18.16.140, 18.16.145, and 18.16.150. Section 2. Sections: That Chapter 18.71 is amended to read as follows: CHAPTER 18.71 SALE OF ALCOHOLIC BEVERAGES AND LIVE ENTERTAINMENT 18.71.010 Conditional Use Permit —Required 18.71.020 Expiration and reapplication 18.71.030 Distance requirements 18.71.040 Measure of distance 18.71.050 Standards for the sale of alcohol at restaurants or public eating places 18.71.060 Live entertainment 18.71.010 Conditional Use Permit --Required. A. Conditional Use Permit is required for the sale of alcoholic beverages, whether for on -site or off -site consumption, and may be approved pursuant to Chapter 18.116 of this title and Sections 18.71.020, 18.71.030, 18.71.040, and 18.71.050. 18.71.020 Expiration and reapplication. A Conditional Use Permit for the sale of alcohol issued on and after November 7, 2003, shall expire no later than three years after its approval or such shorter time as may be established by condition of approval. A new Conditional Use Permit will be required for continuation of a previous approval or for any modification of any pre-existing conditional use permit for the sale of alcoholic beverages. Each issuance or re -issuance will be subject to a maximum three-year term. 3 18.71.030 Distance requirements. A. Liquor stores, or other businesses where the principal use involves the sale of alcohol for off -site consumption, shall be located as follows: 1. A minimum of 660 feet from any public school (Kindergarten through 12th grade) within the boundaries of the City; and 2. A minimum of 500 feet apart. B. Bars and cocktail lounges or other establishments where the sale of alcoholic beverages for on -site consumption is the principal use, shall be located no less than 1,000 feet apart. C. Private clubs or lodges, bowling alleys, theaters and other establishments where the sale of alcoholic beverages is accessory or incidental to the principal use shall be located no closer than 500 feet apart. This limitation shall not apply to restaurants. D. No minimum distances from schools or other uses are required for the following: 1. Grocery stores, convenience stores or other establishments involving the sale of alcohol for off -site consumption as an accessory use; or, 2. Restaurants or public eating places. 18.71.040 Measure of distance. For the purposes of Section 18. 71.030: A. The distance between any two establishments that sell alcoholic beverages shall be measured in a straight line without regard to intervening structures from the closest exterior structural walls of said establishments. B. The distance between any establishment selling alcohol and a school (Kindergarten through 12th grade) shall be measured in a straight line, disregarding intervening structures, from the closest exterior structural walls of said establishment to the closest property line of the school. 18.71.050 Standards for the sale of alcohol at restaurants or public eating places. Restaurants or public eating places shall conform to the following standards: A. Alcoholic beverage sales shall be incidental to food service. B. There shall be no sale of alcoholic beverages after midnight unless otherwise specified by the Conditional Use Permit. The Conditional Use Permit may further restrict the times when alcoholic beverages may be sold. 18.71.060 Live Entertainment. A. A single entertainer performing musical work (piano bars, etc.) is permitted at a restaurant or public eating place, or other legal establishment, where there is no dancing, audience participation, karaoke, or other live entertainment. B. Additional entertainers, dancing, audience participation, karaoke, or other live entertainment may be authorized by a Conditional Use Permit in zones where live entertainment is permitted. C. Live entertainment specified in subsection B of this section may be permitted by a resolution of approval for a Conditional Use Permit for the sale of alcohol in zones where live entertainment is permitted. y Section 3. That the proposed amendment is 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 amendment is limited to changes that affect the sale of alcohol and entertainment within a permitted establishment. CEQA provides that economic and social changes resulting from a project shall not be treated as significant effects on the environment. The amendment addresses regulations that affect only social aspects associated with development that may occur. Section 4. That the proposed Code amendments 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 programs and policies. Proposed changes would facilitate the use of the Code as well as the implementation of the General Plan. The distance requirement of 660 feet between liquor stores and schools will be maintained. Deletion of the 660-foot distance requirement between schools and uses involving the sale of alcohol for on -site consumption, including restaurants, as well as theaters, bowling alleys, and also bars and nightclubs, will allow for opportunities for new or expanded uses in the City that may be desirable for revitalizing certain areas, and private revitalization of older commercial areas is a high General Plan priority. The CUP requirement will maintain the potential to deny undesirable proposals or to apply needed conditions, consistent with General Plan policy to carefully review uses which may not be compatible with adjoining neighborhoods and business districts. In addition, maintaining requirements for separation of establishments that sell alcohol from each other, which do not apply to restaurants, will also indirectly limit the number of alcohol -serving uses that could locate near schools. PASSED and ADOPTED this day of 2003. Nick lnzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney RECOMMENDED FINDING FOR APPROVAL That the proposed Code amendments 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 programs and policies. Proposed changes would facilitate the use of the Code as well as the implementation of the General Plan. The distance requirement of 660 feet between liquor stores and schools will be maintained. Deletion of the 660-foot distance requirement between schools and uses involving the sale of alcohol for on -site consumption will allow for opportunities for new or expanded uses in the City that may be desirable for revitalizing certain areas, and private revitalization of older commercial areas is a high General Plan priority. The CUP requirement will maintain the potential to deny undesirable proposals or to apply needed conditions, consistent with General Plan policy to carefully review uses which may not be compatible with adjoining neighborhoods and business districts. In addition, maintaining requirements for separation of establishments that sell alcohol from each other, which do not apply to restaurants, will also indirectly limit the number of alcohol -serving uses that could locate near schools. 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-2003-1 Project Location: Citywide Contact Person: Steve Ray Telephone Numlrer: (619)336-4310 Description of Nature, Purpose and Beneficiaries of Project: Amendment to Title 18 (Zoning) of the Municipal Code regarding the sale of alcoholic beverages Applicant Name and Address: City of National City Planning Department 1243 National City Boulevard National City, CA 91950 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 that affect the sale of alcohol and entertainment within a permitted establishment. CEQA provides that economic and social changes resulting from a project shall not be treated as significant effects on the environment. The amendment addresses regulations that affect only social aspects associated with development that may occur. Date: Steve Ray Principal Planner ® Recycled Paper Sep 09 03 05:O8p Roger Lee 858 483 5212 p.2 DATE: September 9, 2003 TO: Steven G. Ray Principal Planner City of National city Planning Department 1243 National City Boulevard National City, CA 91950-4301 FAX: (619)336-4321 Dear Steven, FROM: Donna Edwards Trophy Lounge 999 National City Boulevard National City, 91950 PH: (858) 945-0639 FAX: (858) 483-5212 Thank you very much for taking the time to talk with us regarding the upcoming proposed changes. I hope that this letter gives you a better perspective about this project. The business has been in existence for over 35 years as a bar/nightclub. We are currently operating the Trophy Lounge and have been operating the - business since 1983. Currently hours of operation are.noou_ till 2:00 arn,idays week.. The art°Df wntoown N National o City ut de el sment is an exciting project and we are looking forward to being a p district. We have expended large amounts of time and expense hiring legal counsel to work out the myriad of issues with CDC and the. State of California Alcohol Beverage Control (ABC). The ABC has been consulted and they endorse the addition of food to our existing liquor -only license. To date, we have worked very closely with CDC, and the result is that we would be willing to change our operations to include food and broaden our clientele to include families, city employees, students, local businesses, and residents. The agreement that we have entered into with the City of National City provides for a replacement of the current building with a beautiful, architecturally designed new structure to be built at ow expense which will comply with current building and fire codes and includes a full -service kitchen. We currently operate our business under an ABC "Type 48" which allows for the service of alcohol without any food service requirement to patrons 21 years of age and older. This is considered to be the most desirable type of license as it has NO RESTRICTIONS. We have offered to exchange and down -grade our current, unrestricted Type 48 license, to a restricted Type 47 which requires that food be served. 1n summary, we have made considerable concessions and will be expanding our business by adding the service of food and including minors and families to our existing clientele. We are very concerned about the proposed changes/amendments to Title 18 (zoning) of the National City Municipal Code regarding the sale of alcoholic beverages. • Sunset clause 18.71.020 — Our current agreement with the City of National City calls for certain targets to be met within 10 years and the three year sunset clause would place limits on our ability to be able to meet the City's expectations of us. On another note, any new business wishing to be successful or having investors and/or lenders to answer to will find these restrictions extremely limiting and potentially detrimental to future growth. • Restriction of sale of alcoholic beverages 18.I7.050 B — Our current agreement with the City of National City calls for certain targets to be met within 10 years and the Conditional Use Permit would again place limits on our ability to be able to meet the City's expectations of us. We are in the process of applying with various lenders and they may find the additional restrictions prohibitive to our ability to service the loan. This may jeopardize our ability to get funding for our project. Until we have all of the required permits in place, we will continue to open for business. If there are going Sep 09 03 05:08p Roger Lee 858 483 5212 p.3 to be additional restrictions then we would be less inclined to consider changes in usage of our building or our operations At this time, we are seeking assurances that certain individuals will not continue to hamper a project that promises to enhance the Downtown Business District and the community. It would be a shame if this project is not allowed to happen because of City Council's attempts to allay unfounded fears from these individuals about our business that have already been addressed through numerous community -input meetings and public hearings. Many of the issues that came up have already been addressed and have been considered when the agreement with CDC was drafted. We CDC worked very diligently with us to make sure that community concerns were considered when we finalized our agreement. This agreement includes "triggering clauses" in place which would insure that our business as proposed will not change at a later date. These "unfounded fears" have already been addressed and the "overkill" restrictions are putting this project in jeopardy.. Wehaveowned this business for 20 years and the proposed improvements to the building and the ti downgrading ofthe current ABC -Type 48 frame 'Which %`ohich would add extensive'd service to oiii operatcoos should be looked upon as an enhancement tothe community and business district.; Our project should be considered to be "grandfathered" as a result of the following facts: • The ownership has not/will not change • The current liquor license is being exchanged and down -graded to accommodate the CDC • The current building plans evolved into a "ground up" construction project to comply with CDC's desire for a more architecturally pleasing structure. The nature of the small business is to "be successful". The implementation of restrictions or limits to businesses to become successful removes the motivation. We believe that our Mayor's vision of a; vital, urbanized downtown can be achieved with foresight and good planning which will, in the end 6ro efit. everybody. Very truly, ,-4 aUrt' C nna Edwards Pacific Beach Bar & Grill 858 483 5212 p.3 Mayor Nick Inzunza City of National City 1243 National City Blvd National City CA 91950 Re: Redevelopment Plans between Fred Demeo, Inc. and City of National Community Development Commission (Currently Trophy Lounge) Dear Mayor Inzunza: September 25, 2003 VIA FACSIMILE AND U.S. MAIL This letter is written as a follow-up to your recent conversations with Marcia Nordstrom and Mike Lee regarding the redevelopment of that certain business which is currently known as the Trophy Lounge, located on National City Blvd, California. As you are aware, since November of last year, we have worked very diligently to attempt to deal with patron problems which were originally brought up by various members of the National City community and others including Janice Martinelli. As part of that process, we have worked with these individuals, the National City Police DepaiLiuent, and the Community Development Commission of National City to arrive at an amicable and long term solution. As part ofthat process we have kept in mind that the Brick Row Area is zoned for mixed use. The Brick Row Residences are located in close proximity to National City Blvd. and are subjected both day and night to traffic noise, industrial light, sounds related to commercial activities and pedestrians. Several hotel operations are also in close proximity to this area. The solution that all of the parties , including Janice Martinelli ,believed presented the best possibility for success and for an enhancement in the neighborhood was to have the Trophy Lounge totally redeveloped into a new and exciting restaurant. We anticipated, that this restaurant would have a number of similarities with the Pacific Beach Bar & Grill and would serve various food items as well as alcoholic beverages. It was believed by the parties, that by redeveloping this site, that there would be primary changes in the type of clientele that currently frequent the Trophy Lounge. Additionally the new restaurant would include sight and sound proofing barriers which direct these elements to the west which we believe is consistent with the balance that needs to be maintained between the commercial aspects of Pacific Beach Bar & Grill 858 483 5212 p.4 Mayor Nick Inzunza September 25, 2003 Page 2 of 5 the area and the nearby residential features. In order to bring about this transformation a number of issues need to be addressed. As you have been made aware, the Trophy Lounge, holds a Title 48 alcoholic beverage license which for the most part allows for it to sell liquor to individuals 21 years of age and over without any food restrictions. As part of the process of becoming a restaurant, the property owner was willing to apply for a Title 47 license which provides for food service and other types of restrictions related to the same. Thus, the use of the premises would be changed from a primarily drrnking facility to onoinvolving a restaurant with related:alcohol= beverage service. It was also anticipated that there would be dancing_ and other music available at the premises in theevening hours, however, this would notbe the pninafy emphasis of the facility as is currently the case with the Trophy Lounge. The above concepts were supported by local community members as well as the City Council. After coming up with this initial concept, significant time and effort was spent by representatives of the Community Development Commission of the City of National City as well as representatives on behalf of Fred Demeo, Inc., to come up with a Disposition and Development Agreement ("DDA"). In fact, that agreement which totals some 74 pages in length has already been executed by officers of Fred Demeo, Inc., and we were waiting for execution of the same by representatives from the City of National City. Under the DDA, the parties have agreed on a comprehensive concept which allows for a complete rebuilding of the Trophy Lounge property into a new and exciting restaurant feature. Additionally, other enhancements are made to the adjacent parking lot, as well as a redevelopment of the premises that is currently known as the Steam Bean. Lastly, additional adjacent residential property is made available to the Community Development Commission for the purposes of eventually developing the same into more residential units. While the DDA was being negotiated, considerable time and effort was spent by Fred Demeo, Inc., to develop architectural conceptional drawings as well as those items necessary to prosecute a CUP application with the City of National City. Many of these items have been submitted to the Community Development Commission for review and comment. All of the above, however, has now come to a grinding halt as a result of the pending amendment to Title 18 (zoning) of the National City Municipal Code regarding the sale of alcoholic beverages. It is our understanding, that Title 18 of the National City Municipal Code as currently written, prevents the issuance of alcoholic beverage license operating permits to premises which are located within 660 feet from a higher education center or Pacific Beach Bar & Grill 858 483 5212 p.5 Mayor Nick Inzunza September 25, 2003 Page 3 of 5 education village. Because the property across the street from what is now Trophy Lounge is being developed as an education village, technically, the change ofthe license from a Title 48 license to Title 47 license as contemplated by the CUP may technically conflict with the current Title 18 law. While we understand that the amendments being proposed affect all areas of National City, there are certain portions ofthe proposed amendment which adds new restrictions which are different and separate from those which we had contemplated in the DDA. For example, Title 18.71.020 is being suggested to being amended to provide for an automatic three year sunset clause on conditionaluse permits. This would conflict with the terms and conditions of the proposed DDA inasmuch as it was anticipated that the new restaurant to be built as part of the DDA would be able to operate into the future, so long as it complied with all other rules and regulations relating to its operation and the sale of alcoholic beverages. Another paragraph, the proposed amendment to Title 18.17.050 provides there will be no sales of alcoholic beverages after midnight unless otherwise specified by the Conditional Use Permit ("CUP"). A limitation that might be placed on the new restaurant that would require it not serve alcohol after twelve midnight, would be contrary to the understanding of the parties as was negotiated as part of the DDA. There, it was contemplated that the facility would remain open until 2:00 a.m. with alcohol service being curtailed between 1:00 a.m and 1:30 a.m. As part of the process of negotiating the DDA, substantial financial information was provided to the PIanning Commission. Part of this information concluded that the total cost of the project, including the value of the land and other items, could require an investment of up to and including 3 million dollars by the current land owner to bring about this new and exciting feature for National City. Current regulations, new setback requirements and other new parking requirements, would thwart the ability to rebuild the restaurant within the same foot print that currently exist on the property at this time. We understood, that the DDA and the CUP that would come out of the DDA after further hearing before the City Council, would allow for various variances to take place to allow this feature to be built in a manner that conforms with its concurrent configuration as it relates to the streets and sidewalks and that in essence, it would be "grandfathered" in with respect to its current parking capabilities. The exception would be, the addition of two handicap spaces on the adjacent parking lot. Pacific Beach Bar e Grill 858 483 5212 p.6 Mayor Nick Inzunza September 25, 2003 Page 4 of 5 Based upon this background, this letter is written for the purposes of bringing you up to speed on potential areas that concern Fred Demeo, Inc. and how those concerns are affecting the progress of this redevelopment. Had we been able to proceed in the ordinary course, we had anticipated literally breaking ground during the next month with a new grand opening in the summer of 2004. Currently, because of the snags created by the changes being proposed for Title 18, and the continued hearing on the same next month, it appears that we may be delayed to break ground for another several months. This is not only detrimental to the City of National City, -and its local residents but also, to our business. - Keep in mind, that if the new restaurant project is not approved because of Title 18 problems or other considerations, we would be forced to remain as a bar under the Title 48 license to. protect our rights to continue to operate_ as a potentially non -conforming use. Secondly, this letter is intended to identify those areas in the proposed law that are of concern to us. We would suggest, that if possible, any steps that could be taken by the City Council and your offices to allow for this project to be exempted from any new law relating to conditions placed upon the operation of restaurants and other facilities selling alcohol as proposed by the new Title 18 amendment, be taken at this time. Ifpossible, this would allow for us to continue with the DDA and the CUP which was contemplated by the parties without much further involvement in the Title 18 amendment process. Furthermore, the liquor license from a Title 48 to a Title 47 license could be recognized by the City Council as an exchange of licenses and not the issuance of a new license. Therefore, the currently existing Title 18 restriction may not apply. On a more stop gap basis, a provision could be inserted in the current Title 18 provisions to limit its effect to schools with grades k through.12. This would also eliminate any potential conflict between the currently existing Title 18 rules and regulations and the proposed redevelopment under the DDA. Thirdly, any restrictions that would be placed on the operation of the premises by way of a three year sunset clause would be whoIIy unacceptable. In this regard, your offices as well as the City Council should take into consideration that most commercial lenders would not lend on a project of this size if there was a possibility that after three years of the appioval of the CUP that the alcohol sales portion of the operation could be terminated by the City of National City. This would especially be true where the termination would not be related to the property losing its license because of otherwise violating rules and regulations related to the sale of alcoholic beverages. We would urge you and to City Council, to also consider the current operation of the facility to be grand -fathered in and not subject to a three year sunset clause. Furthermore, your offices and the City Council may wish to /3 Pacific Beach Bar 8 Grill 858 483 5212 p.7 Mayor Nick Inzunza September 25, 2003 Page 5 of 5 reconsider this potential provision in light of other individuals and businesses which may wish to relocate or start up operations in the National City area. Because of the way that the current amendment is drafted, little flexibility is allowed to the City Council to consider longer sunset provisions. We would suggest, like the provision related to sales of alcohol after midnight, that you draft flexibility into the amendment which would allow the City Council to consider the length of an appropriate sunset clause for each type of restaurant or other facility that is being proposed. As in the case of the current proposed DDA and possibly others similarly situated, no sunset;clause would appear to -be appropriate. Should you have any questions regarding the contents of this letter or wish further information regarding the DDA or other proposals related to the same please contact me at 818-945-0639. Anything you and the City -Council could do to get the redevelopment ball rolling again would be appreciated. Very truly yours, dr4t6" nna Edwards President, Fred Demeo, Inc. W:16DWgRDSMenrm1210.00yor leuv.apd Pacific Beach Bar & Grill 858 483 5212 10109/2003 15:27 4742470 HIGHER ED CENTER p.2 PAGE ©1iel SORRY FOR THE DELAY....GOT TIED UP. ANDRE 18.71.010. Prohibition#5 = Establishments that sell beverages for consumption on the premises other than a bona fide public eating place as defined in Section 18.04:091, shall be located no closer than one thousand feet apart and no closer than six hundred sixty feet from any public school within the boundaries of the city. (Ord. 1760 § 2 (part), 1981) 18_69.020 Definitions. R. "School" is an institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school or any special institution of learning under the jurisdiction of the State Department of Education, but it does not include a vocation or professional institution or an institution of nigher education, including a community college_ Draft Policy Sheet September 25, 2003 /STe/ uY jsy COIe1vivd-ry Recommendation: - To clarify proposed amendment to Title 18 (zoning) of National City Municipal Code Regarding the Sale of Alcoholic Beverages, (660 ft. distance requirement to sell alcoholic beverages from school site). • To hold the current 660 ft. distance requirement for establishments selling alcoholic beverages from k-12 school sites. • To clarify languge in ordinance when referring to schools (k-12 v/s adult schools). • To clarify language in ordinance when referring to Family Restaurant. • To amend proposed draft ordinance to include 660 ft. distance requirement for Bars, Cocktail Lounges, Adult clubs, bowling alleys, theathers or other establishments where alcoholic beverages for on -site consumption is the principal use, including private clubs or lodges. • To add food service in conjunction with alcoholic beverage sales at any establishment near all schools. • To add to a clause, which would indicate only persons over 21 years of age will serve alcoholic beverages. • To add Responsible Beverage Service (RBS), which requires that employees obtain certification/training to serve alcoholic beverages at the establishment. Ouestions/Concerns: What do you think about these issues or do you know about the business practices of establishments? 1) How many alcoholic beverages can be sold at one time? 2) Are food service and sales going to be required in conjunction with alcohol sales? 3) What types of beer and wines will be sold? 4) Which employees will be allowed to sell alcohol? 5) What will be the ramifications if/when employees serve alcohol to minors? 6) What will/can the employee and/or owner do when alcohol is shared by an adult customer with minor? 7) Will dancing be allowed at family restaurants? 8) Will restrict restaurants in becoming a Black Angus or El Toritos in Chula Vista? 1� SUMMARY OF LAND USE CODE REGULATIONS ON THE SALE OF ALCOHOL Any business proposing to sell alcohol, for on -site or off -site consumption, must first obtain a Conditional Use Permit. Previously established, lawful, nonconforming establishments selling alcohol are typically not affected by this requirement. A change of location would cause the need for a Conditional Use Permit, however. Restrictions differ somewhat for various types of establishments. These are listed below. Markets, convenience stores etc. that sell alcohol • No separation requirements, just a Conditional Use Permit needed. Liquor stores ._ • Must be at least 660 feet from a school • Must be at least 500 feet from another liquor store Restaurants that serve alcohol • Must be at least 660 feet from a school • No separation requirement from other restaurants selling alcohol • Restrictions on entertainment and the hours of sale of alcohol (may be separately reviewed as part of a CUP for live entertainment) Bars, cocktail lounges, nightclubs • Must be at least 660 feet from a school • Must be at least 1000 feet apart • The bar/cocktail lounge distance requirements Use Permit Other establishments selling alcohol as an incidental private club, theater, bowling alley, etc. • Must be at least 660 feet from a school • Must be at least 500 feet apart may be waived by a Conditional use for on -site consumption; i.e., 1`7 ITEM #3 10/21/03 City of National City Office of the City Clerk 1243 National City Blvd., National City, CA 91950-4397 Michael R. Dalla — City Clerk (619)336-4226 (619) 336-4229 To: Honorable Mayor and Council From: Michael Dalla, City Clerk Subject: Ordinance Introduction and Adoption It is recommended that the City Council approve the following motion as part. of the Consent Calendar: "That the City Council waive reading of the text of all Ordinances considered at this meeting and provide that such Ordinances shall be introduced and/or adopted after a reading of only the title". mrd City of National City, California COUNCIL AGENDA STATEMENT IIEETING DATE October 21, 2003 4 AGENDA ITEM NO. RESOLUTION AUTHORIZING POLICE DEPARTMENT REQUEST TO ACCEPT FY 2003 LOCAL LAW ENFORCEMENT BLOCK GRANT AWARD. PREPARED BY DEPARTMENT Lt. Keith Fifield EXPLANATION Background On August 26, 2003, The National City Police Department applied for 2003 fiscal year Local Law Enforcement Block Grant funds. This program is administered by U.S. Department of Justice and is similar in many respects to the Community Development Block Grant funds in that they are awarded to local governments who then have a significant amount of flexibility in deciding how to expend the funds. Local governments, cities and counties are eligible for LLEBG funds. The amount local law enforcement is eligible for is determined based upon the population and the crime rate according to the FBI Uniform Crime Reports. National City has received these funds for the past several years and the funds have been used to purchase technology and equipment. This year (FY 2003) National City is eligible to receive an award of $88,033 from the Local Law Enforcement Block Grant program. (cont.) Environmental Review )0( N/A Financial Statement There is no impact to the General Fund. Local match will be funded with asset forfeiture funds. STAFF RECOMMENDATION Approve the Resolution. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS Listed Below A: LLEBG FY 2003 Application. Account No. Resolution No. 2003-148 A-200 (9/80) COUNCIL AGENDA STATEMENT RESOLUTION AUTHORIZING POLICE DEPARTMENT REQUEST TO ACCEPT FY 2003 LOCAL LAW ENFORCEMENT BLOCK GRANT AWARD. PAGE 2 The Police Department completed the initial on-line application on August 26, 2003, and the Bureau of Justice Assistance approved the award on September 12, 2003. We now have 45 days to "accept" the award and 90 days to submit our Request for Drawdown of funds. Ten percent of the total is required in local matching funds. As in years past it is the intent of the Police Department to fund the local match requirement with asset forfeiture funds. This year's local match is $8,803. One of the provisions of the Local Law Enforcement Block Grant program, is that in order to receive full funding, the City of National City must comply with Section 615 of the Fiscal Year 1998 Appropriations Act: Alu-O'Hara Public SafetyOfficers Health Benefits Act. This Act requires that entities which employ peace officers to provide officers who are retired or separated from service due to injury suffered as a direct and proximate result of a personal injury sustained in the line of duty while responding to an emergency situation or hot pursuit, with the same or better level of health insurance benefits that are paid by the entity at the time of retirement or separation. Currently, the City of National City does not provide such health insurance benefits to peace officers retired under the above stated circumstances and is therefore out of compliance with this provision. As was the case with past LLEBG funds that the City of National City has received, this did result in a ten percent reduction of the LLEBG award for FY 2003, but not disqualification from receiving the funds. The funds under this program may be used for any of the following "7 Purposes Areas." 1. Hiring, training, and employing new law enforcement officers and necessary support personnel, paying overtime to presently employed law enforcement officers and support personnel, and/or procuring equipment, technology and other material related to basic law enforcement functions. 2. Enhance school security and school security measures at any facility or location the local government considers to be at risk for crime. 3. Establishing or supporting drug courts. 4. Enhance the adjudication process of cases involving violent offenders, including cases involving violent juvenile offenders. 5. Establish multi -jurisdictional task forces, which work to prevent and combat crime. 6. Establish crime prevention programs. COUNCIL AGENDA STATEMENT RESOLUTION AUTHORIZING POLICE DEPARTMENT REQUEST TO ACCEPT FY 2003 LOCAL LAW ENFORCEMENT BLOCK GRANT AWARD. PAGE 3 7. Defraying the cost of indemnification or insurance for law enforcement officers. Local Law Enforcement Block Grant funds may not be used as local matching funds for Police Officers hired under the COPS Universal Hiring Program. These funds must supplement and not supplant normally budgeted programs, positions or equipment. Because this grant is year to year, and personnel costs are usually long term, funding under this program would be more appropriate for equipment and technology purchases than for hiring officers or personnel. The funding under this program would be ideal for meeting many of the Police Department's equipment and technology needs. Proposal The Police Department is requesting a Resolution, which would authorize the City Manager, and/or his designated public official to accept the FY 2003 Local Law Enforcement award of $88,033 with matching local funds of $8,803. The Police Department requests authorization for the City Manager and Chief of Police to sign any LLEBG grant related documents. After the award is accepted we request to begin the Request For Drawdown process, which includes the following. 1. A Public Hearing for the purpose of discussing the allocations of the. FY 2002 LLEBG funds and completing the Public Hearing certifications. 2. Convening the established LLEBG Advisory Board with representation from all the required members at least one time and completing the Advisory Board certifications. 3. Complete the Project Information page on the application by naming and describing the projects funded with FY 2002 LLEBG funds, assign each project to one of the seven Purpose areas, and provide the project specific information. 4. Complete allocation information, including details by Allocation Category for all LLEBG funded projects 5. Allocate all of FY 2002 LLEBG funds within the seven purpose areas. Additional Council Agenda Statements will be submitted as required during the above process to hold the Public Hearing, authorize final appropriation of FY 2003 LLEBG funds and authorization for the City Manger to sign the final Grant Agreement and related documents. At this time the Police Department is preparing an expenditure plan to present to the LLEBG Advisory Board. RESOLUTION NO. 2003 —148 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE UNITED STATES DEPARTMENT OF JUSTICE LOCAL LAW ENFORCEMENT BLOCK GRANT WHEREAS, on August 26, 2003, the National City Police Department applied for a Local Law Enforcement Block Grant through the United States Department of Justice; and WHEREAS, said application was accepted and the Police Department was awarded $88,033 with a match from the City of $8,803; and WHEREAS, it is now necessary to formally accept the grant award. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City does hereby accept the United States Department of Justice Local Law Enforcement Block Grant award in the amount of $88,033. PASSED and ADOPTED this 21st day of October, 2003. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Print Application Page 1 of 1 Application was submitted on August 26, 2003 06:26:17 PM EDT. f si LLEBG FY 2003 Application Date Certified : 26-AUG-03 'Date Submitted : 26-AUG-03 Jurisdiction Information (Disparate) Jurisdiction: 'County: National City SAN DIEGO State: CALIFORNIA CDFA Number: 16.592 Budget Information Eligible Award Amount: $88,033 Final Award Amount: $79,230 Match Amount: $8,803 Matching Funds Description: State and Local Government Units CEO Information Title: Acting City Manager Name Prefix: Mr. Last Name : Morse First Name : Park Address: 1243 National City Boulevard National City, California, CA 91950-4397 Telephone: (619) 336-4249 ',. Fax: (619) 336-4327 Email: cmo@ci.national- city.ca.us Program Contact information Title: Lieutenant Name Prefix: Mr. Last Name : Afield First Name : Keith Address: 1200 National City Boulevard National City, CA 91950-4397 Telephone: (619) 336-4543 Fax: (619) 336-4525 Email: krifield@ci.national- city.ca.us Application Details Date Agreed to Trust Fund Requirement 19-AUQ-03 Applicant is PSONS Compliant: No Date Agreed to SPOC Requirement: 19-AUG-03 Date Agreed to SAA Review Requirement: 19-AUG-03 Date Agreed to Certifications: 26-AUG-03 Date Agreed to Assurances: 26-AUG-03 https://grants.ojp.usdoj.gov/Ilebgs//Ilebg2000.11ebg_main.app_read_only?p_bgid=5&p_action... 8/26/03 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 21, 2003 AGENDA ITEM NO. 5 /ITEM TITLE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A ZONE VARIANCE FOR A COVERED PATIO IN THE FRONT YARD SETBACK OF THE AMERICAN LEGION BUILDING AT 35 E. 18TH STREET. APPLICANT: AMERICAN LEGION POST 255. ig09 Planning Post (336-4310) PREPARED BY DEPARTMENT EXT. EXPLANATION The City Council voted to approve this item at the October 7, 2003 public hearing. The attached resolution is necessary to follow through on the action. t* Environmental Review X N/A Categorical Exemptior1S Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the attached resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Fisted Below ) Resolution Resolution No. 2003-149 A-200 (Rev. 7/03) RESOLUTION NO. 2003 —149 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A VARIANCE FOR A COVERED PATIO IN THE FRONT YARD SETBACK OF THE AMERICAN LEGION BUILDING AT 35 East 18TH STREET APPLICANT: AMERICAN LEGION POST 255 CASE FILE NO. Z-2003-4 WHEREAS, the City Council of the City of National City considered a Variance application for a covered patio in the front yard setback of the American Legion Post 255 Building at 35 East 18th Street at a duly advertised public hearing held on October 7, 2003, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report contained in Case File No. Z-2003-4, which is maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California, that the testimony and evidence presented to the City Council at the public hearing held on October 7, 2003, support the following findings: 1. That because of special circumstances applicable to the property, including location or surroundings, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other property in the vicinity and under the identical zone classification, since there is a large landscaped parkway, along the section of East 18th Street in front of the American Legion building, which should function similarly to a front yard in this area where most properties do not have landscaped front yards. 2. That the requested variance is subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, since several properties in the area, and in the Heavy Commercial zone, have structures located within the front yard setback. 3. That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since the American Legion Post 255, a private club, is an established use in the Heavy Commercial zone. Resolution No. 2003 — 149 October 21, 2003 Page Two BE IT FURTHER RESOLVED that the application is approved subject to the following conditions: 1. This Zone Variance authorizes the construction of a covered patio within the front yard setback area at 35 East 18th Street. 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. Z-2003-4, dated June 23, 2003. 2. A detailed landscape and underground irrigation plan, including plant types, methods 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. The areas to be covered shall include the planter area between the patio structure and the sidewalk and the parkway between the sidewalk and the street. 3. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 4. Exterior walls of buildings to a height of not less than six feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 5. A Knox Box shall be installed to allow for emergency access. 6. Access to the existing gas meter shall remain open and accessible. 7. Before this Zone Variance 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 Zone Variance. 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 the Zone Variance 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. 8. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith, to the applicant. Resolution No. 2003 — 149 October 21, 2003 Page Two BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of California Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 21st day of October, 2003. Nick lnzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney City of National City, California COUNCIL AGENDA STATEMENT ...EETING DATE October 21, 2003 *Refer to Item #10 6 AGENDA ITEM NO. (-ITEM TITLE RESOLUTION OF THE CITY COUNCIL ADOPTING AN AMENDMENT TO THE COMBINED GENERAL PLAN/ZONING MAP FROM CL TO RS-2 FOR APPROXIMATELY 1.06 ACRES AT THE SOUTHEAST CORNER OF 8TH STREET AND N AVENUE. (APPLICANT: CITY INITIATED). (CASE FILE NOS. GP-2003-3, ZC-2003-2) PREPARED BY Roger Post (336-4310) DEPARTMENT Planning EXT. EXPLANATION The City Council voted to approve this item at the August 19, 2003 public hearing. The attached resolution is necessary to follow through on the action. An ordinance is also needed and is attached as a separate agenda item. Environmental Review Financial Statement N/A STAFF RECOMMENDATION X N/A Adopt the attached resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Location Map MIS Approval Approved By: Finance Director Resolution No. 2003-150 A-200 (Rev. 7/03) RESOLUTION NO. 2003 —150 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING AN AMENDMENT TO THE COMBINED GENERAL PLAN/ZONING MAP FROM CL TO RS-2 FOR APPROXIMATELY 1.06 ACRES AT THE SOUTHEAST CORNER OF EAST 8TH STREET AND N AVENUE (APPLICANT: CITY INITIATED) (CASE FILE NOS. GP-2003-3, ZC-2003-2) WHEREAS, the City Council considered the recommendation and findings of the Planning Commission for approval of an amendment to the General Plan to change the land use designations on the Combined General Plan/Zoning Map from CL (Limited Commercial) to RS-2 (Single -Family Residential) for approximately 1.06 acres at the southeast corner of East 8th Street and N Avenue along with evidence and testimony presented at the duly advertised public hearing held by the City Council on August 19, 2003; and WHEREAS, the Planning Commission and City Council have caused and duly held studies and proceedings for the timely amendment to the General Plan of the City of National City, pursuant to Title 7, Chapter 3, Article 6 of the Government Code of the State of California, and WHEREAS,; the Planning Commission at a duly advertised public hearing held on August 4, 2003, bonsidered the proposed amendment to the General Plan of the City of National City, along with all evidence and testimony presented at said hearing; and WHEREAS, the City Council recognizes the need and desirability to conduct reviews of, and consider amendments to, the General Plan to accommodate the changing needs of the community; BE IT FURTHER RESOLVED that the City Council finds that the proposed amendment is in the public interest and is consistent with General Plan policies, since it will reflect an approved subdivision for eight single-family homes, and General Plan policies encourage consideration of changing commercial zoning for residential use, as well as actions that would protect single-family neighborhoods from incompatible nonresidential use. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby amends the Combined General Plan/Zoning Map from CL (Limited Commercial) to RS- 2 (Single -Family Residential) for approximately 1.06 acres at the southeast corner of East 8th Street and N Avenue as further described on the Location Map for case file Nos. GP-2003-3 and ZC-2003-2 on file in the Office of the City Clerk. Resolution No. 2003 — 150 October 21, 2003 Page 2 PASSED and ADOPTED this 21st day of October, 2003. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney 100 Feet AMENDMENT AREA g45 RM-1-PD 1021 ZONE BOUNDARY LOCATION MAP Amendment to the Combined General Plan/Zoning Map from CG-PD to RS-2 GP-2003-3/ZC-2003-2 NATIONAL CITY PLANNING DRN. DATE: 7/23/03 INITIAL HEARING: 8/4/03 City of National City, California COUNCIL AGENDA STATEMENT cETING DATE October 21, 2003 AGENDA ITEM NO. 7 ITEM TITLE WARRANT REGISTER #14 PREPARED BY R. Palazo EXPLANATION DEPARTMENT Finance Marylou Matienzo 619-336-4330 Ratification of Warrant Register #14 per Government Section Code 37208. CEnvironmental Review Financial Statement Not applicable. N/A Approved By: A. Finance Direc Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 888,947.55. BOARD I COMMISSIONECOM ENDATION 44' ATTACHMENTS ( Listed Below ) 1. Warrant Register #14 2. Workers Comp Warrant Register dated 09/24/03 3. Payroll Warrant Register dated 09/24/03 Resolution No. A4U0 �999) City of National City, California COUNCIL AGENDA STATEMENT 3ETING DATE October 21, 2003 AGENDA ITEM NO. 8 ITEM TITLE WARRANT REGISTER #15 PREPARED BY R. Palazo DEPARTMENT Finance Marylou Matienzo EXPLANATION 619-336-4330 Ratification of Warrant Register #15 per Government Section Code 37208. Environmental Review N/A Financial Statement Not applicable. Approved B Finance ector Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 462,567.00. BOARD / COMMISSION R COMMENDATION ATTACHMENTS ( Listed Below ) 1. Warrant Register #15 2. Workers Comp Warrant Register dated 10/01/03 Resolution No. A-200 19.99) City of National City, California COUNCIL AGENDA STATEMENT ETING DATE October 21, 2003 AGENDA ITEM NO. 9 (-ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING POLICY NUMBER 204 TO THE CITY COUNCIL POLICY MANUAL, TO ESTABLISH A CITY DONATION ACCEPTANCE POLICY 7U PREPARED BY George H. Eiser, III (Ext. 422'(4 bEPARTMENT City Attorney Marylou Matienzo (Ext. 4331) 'Ty1721 Finance Department EXPLANATION Please see attached memorandum. Environmental Review X N/A Financial Statement N/A Approved By: Finance Account No. STAFF RECOMMENDATION Adopt resolution. Direct staff as to any additional provisions to be included in the policy. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution Proposed City Council Policy No. 204 Resolution No. 2003-151 . A-200 I9: 99) 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 FROM: City Attorney SUBJECT: Donation Acceptance Policy DATE: October 13, 2003 From time to time, individuals, community groups and businesses may wish to make donations to the City in either cash or in -kind contributions that enhance projects, facilities, and programs, and the need for such projects, facilities and programs often exceeds the City's ability to fund them. Accordingly, it is an acceptable and appropriate practice to accept donations, in order to enhance city programs and/or facilities to provide a higher level of service to the public. The purpose of this Policy is to establish an orderly and efficient process for the acceptance of donations made to the City. It is also important to process donations in such a way so as to distinguish donations made to the City from those made to individuals, e.g. gifts or campaign contributions. For example, under the Political Reform Act, an official may not accept a gift exceeding $340 from any one source in a calendar year. The concern is that if an official takes custody of a donation intended for the City, the donation could be perceived as a gift to that official. Similarly, a donation intended for the City could mistakenly be perceived as income or a campaign contribution. These concerns are addressed by the following provisions of the Donation Acceptance Policy: • All donations shall be accepted directly by Finance Department staff. • Donations exceeding $5,000 shall be accepted through a written agreement approved by the City Council. • All donations will be acknowledged in writing in a form approved by the City Attorney. The proposed Policy also contains the following provisions: • The donation must have a purpose consistent with City goals and objectives. • The City Council may decline any donation without comment or cause. ® Recycled Paper Donation Acceptance Policy October 13, 2003 Page Two • The donation will not be in conflict with any provision of the law. • In kind donations will be aesthetically acceptable to the City. • The donation will not add to the workload of the City Council or staff unless it provides a net benefit to the City. • The donation will not bring hidden costs such as starting a program the City would be unwilling to fund when the donation was exhausted. • The donation must place no restriction on the City, unless agreed to by the City Council. • The donation shall become the property of the City. • All donations will receive recognition appropriate to the level and nature of the donation as determined by the City. For those of a capital nature, that may be in the form of signage, marking or naming, as determined by the City Council. Regardless of the recognition strategy selected, the intent shall be to appropriately honor the donor for their contribution to the community. The appearance of traditional commercial advertising or product endorsements that promote the donor shall be avoided. • The Finance Department shall provide a quarterly report to the City Council stating the source, amount, value and purpose of all donations received. The proposed policy does not contain any provisions as to how donations may be solicited. The Council may wish to direct staff to add such provisions to the policy. GEORGE H. EISER, Ill City Attorney GHE/gmo RESOLUTION NO. 2003 —151 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING POLICY NUMBER 204 TO THE CITY COUNCIL POLICY MANUAL, TO ESTABLISH A CITY DONATION ACCEPTANCE POLICY WHEREAS, individuals, community groups and businesses may wish to make donations to the City in either cash or in -kind contributions that enhance projects, facilities, and programs; and WHEREAS, the need for projects, facilities and programs exceeds the City's ability to fund all such needed projects; and WHEREAS, it is an acceptable and appropriate practice to accept donations, in order to enhance city programs and/or facilities to provide a higher level of service to public. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby adds Policy Number 204 to the City Council Policy Manual to establish a City Donation Acceptance Policy. PASSED and ADOPTED this 21st day of October, 2003. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney CITY COUNCIL POLICY TITLE: Donation Acceptance Policy POLICY 204 NUMBER: ADOPTED: October 7, 2003 AMENDED OR REVISED: Page 1 of 2 Purpose From time to time, individuals, community groups and businesses may wish to make donations to the City in either cash or in -kind contributions that enhance projects, facilities, and programs, and the need for such projects, facilities and programs often exceeds the City's ability to fund them. Accordingly, it is an acceptable and appropriate practice to accept donations, in order to enhance city programs and/or facilities to provide a higher level of service to public. The purpose of this Policy is to establish an orderly and efficient process for the acceptance of donations made to the City. It is also important to process donations in such a way so as to distinguish donations made to the City from those made to individuals, e.g. gifts or campaign contributions. Policy All donations made to the City shall be accepted and processed according to the following: 1. The donation must have a purpose consistent with City goals and objectives. 2. The City Council may decline any donation without comment or cause. 3. The donation will not be in conflict with any provision of the law. 4. In kind donations will be aesthetically acceptable to the City. 5. The donation will not add to the workload of the City Council or staff unless it provides a net benefit to the City. 6. The donation will not bring hidden costs such as starting a program the City would be unwilling to fund when the donation was exhausted. TITLE: Donation Acceptance Policy POLICY 204 NUMBER: ADOPTED: October 7, 2003 AMENDED OR REVISED: Page 2 of 2 Policy (continued) 7. The donation must place no restriction on the City, unless agreed to by the City Council. 8. The donation shall become the property of the City. 9. All donations will receive recognition appropriate to the level and nature of the donation as determined by the City. For those of a capital nature, that may be in the form of signage, marking or naming, as determined by the City Council. Regardless of the recognition strategy selected, the intent shall be to appropriately honor the donor for their contribution to the community. The appearance of traditional commercial advertising or product endorsements that promote the donor shall be avoided. 10. All donations shall be accepted directly by Finance Department staff. 11. Cash donations exceeding $5,000, and in -kind donations exceeding $5,000 in value, shall be accepted through a written agreement consistent with these guidelines and approved by the City Council. In -kind capital donations will be subject to normal City review, permitting, inspection and insurance requirements. 12. At the time of acceptance, all donations, regardless of value, will be acknowledged in writing in a form approved by the City Attorney. The original acknowledgment will be sent to the donor and a copy forwarded to the Finance Department. i City of National City, California COUNCIL AGENDA STATEMENT dAEETING DATE October 21, 2003 AGENDA ITEM NO. 10 rITEM TITLE AN ORDINANCE OF THE CITY COUNCIL REZONING CERTAIN PARCELS OF REAL PROPERTY PURSUANT TO THE LAND USE CODE FROM CL TO RS-2 AT THE SOUTHEAST CORNER OF 8TH STREET AND N AVENUE. (APPLICANT: CITY INITIATED). (CASE FILE NOS. GP-2003-3, ZC-2003-2) PREPARED BY EXPLANATION Roger Post (336-4310) DEPARTMENT Planning EXT. The City Council approved the amendment after holding a public hearing August 19, 2003. The attached ordinance will carry out that action. A resolution is also needed and is provided as a separate agenda item. CEnvironmental Review Financial Statement N/A X N/A MIS Approval Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the attached ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below 1. Resolution 2. Location Map Resolution No. A-200 (Rev. 7/03) ORDINANCE NO. 2003 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REZONING CERTAIN PARCELS OF REAL PROPERTY PURSUANT TO THE LAND USE CODE FROM CL TO RS-2 AT THE SOUTHEAST CORNER OF 8TH STREET AND N AVENUE APPLICANT: CITY INITIATED CASE FILE NOS. GP-2003-3, ZC-2003-2 WHEREAS, pursuant to the terms and provisions of the Government Code of the State of California, proceedings were duly initiated for the rezoning of the parcels of real property, hereinafter described, and for the amendment of the General Plan of the City of National City; and WHEREAS, pursuant to legal notice, hearings were held by the Planning Commission of National City and also by the City Council of National City, and all persons interested were given the opportunity to appear and be heard before said Planning Commission and City Council; and WHEREAS, the Planning Commission of National City has regularly and duly certified to the City Council its report and has recommended such rezoning and such amendment; and WHEREAS, the City Council finds the rezoning consistent with and necessary to implement the General Plan. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. All protests, if any, against said rezoning and said amendment to the General Plan, and each of them be and hereby are denied and overruled. Section 2. That all the real property described below is hereby rezoned as follows: From CL (Limited Commercial) to RS-2 (Single -Family Residential) for approximately 1.06 acres at the southeast corner of 8th Street and N Avenue, and for adjacent street right of way including the east half of N Avenue and the south half of 8th Street, as shown on the Location Map for case file Nos. GP-2003-3 and ZC-2003-2, on file in the office of the City Clerk. Ordinance No. 2003 - Page Two Section 3. That a Notice of Exemption shall be filed indicating that the rezoning will not be subject to the California Environmental Quality Act, since there is no possibility that the action will have a significant environmental effect, as the area has already been approved for development of single-family homes under current zoning and the proposed zoning better reflects the planned use of the approved subdivision. PASSED and ADOPTED this day of 2003. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George F. Eiser, Ill City Attorney AMENDMENT AREA ZONE BOUNDARY LOCATION MAP Amendment to the Combined General Plan/Zoning Map from CG-PD to RS-2 GP-2003-3/ZG-2003-2 NATIONAL CITY PLANNING DRN. DATE: 7/23/03 INITIAL HEARING: 8/4/03 City of National City, California COUNCIL AGENDA STATEMENT OLD BUSINESS ..iEETING DATE October 21, 2003 AGENDA ITEM NO. 11 ITEM TITLE Park Security DEPARTMENT PREPARED BY Miguel Diaz W Parks & Recreation Acting Parks & Recreation Director Phone: 336-4290 EXPLANATION Rodgers Police Patrol currently provides security at each City park. Council recently asked staff to research options for increasing security coverage for City parks. The City's contract with Rodgers is set to expire on October 31, 2003. The cost for this service has been increasing in recent years and is set to increase again this year. The cost for this service in recent years is as follows: Year Cost 2001 $23,820 2002 $30,358 2003 $30,358 2004 $39,890 (projected) The attached report outlines options for expanded park security for City parks, including the option of bringing the security function in-house to increase service and decrease costs. Environmental Review ✓ N/A Financial Statement The attached report has two options for park security patrols: - Cost savings of $10,446 would be seen if park security were to be brought in-house. - If the current Rodgers Police Patrol contract is renewed the City will see an increased cost of $9,532. STAFF RECOMMENDATION Staff recommend that the park security function be brought in-house. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Background report on park security. Account No, Resolution No. A-200 (9/80) City Park Security Options Summary: Council recently asked staff to research options for increasing security coverage in our City Parks. This report outlines the current practice as well as options the City could pursue in the future. As this report outlines, the City Council has a variety of options. 1. Go out to bid for a new vendor in hope of finding a cheaper contractor (This option is not recommended as we have done this in the past only to find that Rodgers is consistently the lowest bidder.) 2. The City can continue using Rodgers Security (This option is not recommended due to increasing rates.) 3. The City can hire part time staff and bring the security function in house. (Staffs recommendation is to use this approach for cost savings and increased service.) Background: Rodgers Police Patrol, I(ic. currently provides security for the Parks & Recreation Department. They prov de a security officer for each of the National City Parks. Las Palmas Park and Kimball Park have a guard posted for 26 weekends/yr and El Toyon Park for 28 weekends/yr. The hours for the guards at Kimball Park and Las Palmas Park are from 9 a.m. to 5 p.m. and El Toyon Park from 11 a.m. to 7 p.m. They also provide nightly drive -by patrol at each of the three Parks. The duties of these guards are to insure that the public complies with City ordinance # 1999 (Prohibited activities, archery, baseball, football and soccer in a picnic area, dogs on a leash, vandalism, etc...) They do not cite anyone for not complying; they call the Police Department for assistance when this occurs. The contract with Rodgers Police Patrol, Inc., which expired on August 31, 2003 for this service, cost the City $ 30,358. Rodgers Police Patrol, Inc. has agreed to extend their contract for the nightly patrol for 60 days through October 31, 2003 while we review the City's need for a park security program. Council recently asked staff to investigate the possibility of increasing the Park security program to include coverage on all holidays that are not currently part of the program. In short, the total for Rodgers Police Patrol, Inc. to continue providing security at each of the Parks is $ 39,890. This is an increase of $ 9,532.00 over last year's contract, due to the hourly rate and the additional holiday coverage. -1- The breakdown of the Rodgers cost increase is as follows: We are currently paying $ 13.50 per hour for the security guards while the new rate would be $ 14.50 per hour and the nightly patrol would remain the same at $ 375.00 per month per sites. The new costs for Rodgers Police Patrol are as follows: Kimball Park and Las Palmas Park security for 26 weekends @ $ 14.50 x 16 hours = $ 232.00 per weekend per site. For the total of $12,064.00 for 26 weekends El Toyon Park security for 28 weekends @ $ 14.50 x 16 hours = $ 232.00 per weekend For the total of $6,495.00 for 28 weekends The total cost for weekend duty patrol would be $ 18,560.00 The nightly patrol would remain the same @ $ 375.00 per site Per month for the total cost of $ 13,500.00 Holiday service would cost $ 5,742,00 for 7 holidays that require over- time pay. 1. New Years 2. Martin Luther King 3. Memorial Day 4. Independence Day 5. Labor day 6. Thanksgiving day 7. Christmas Day The following are days the park staff is off due to holidays, which are not holidays that require over time pay. 1. Cesar Chavez Birthday 2. Day after Thanksgiving 3. Christmas Eve 4. December 22, 2003 5. December 23, 2003 6. December 26, 2003 The cost for these days is $ 2,088.00 The total for Rodgers Police Patrol, Inc. to continue providing security at each of the parks is $39,890.00. This is an increase of $9532.00 more then last year's contract, due to the new rate and holiday coverage. -2- Scenario for bringing park security in-house: The City could hire a Seasonal Park Aide for weekend coverage, allowing the City to provide a wider spectrum of service at the parks than we currently receive through Rodgers Police Patrol, Inc. The seasonal worker would insure that ordinance # 1999 is complied with and would also have other duties. Their duties would include cleaning the parks of litter, emptying trashcans, cleaning park restrooms, graffiti efforts, checking for facility use permits, reporting illegal activity to law enforcement officers and maintaining the playgrounds. The salary range for a Seasonal Park Aide is $ 11.42 - $ 13.88 per hour. I recommend that we extend the weekend coverage from 28 to 38 weekends beginning with the last weekend in March and ending with the last weekend November. This would insure we have coverage through the summer and into the football season at El Toyon Park and Las Palmas Park. The cost for this would be $ 23,984.64 for weekend. coverage. The coverage for 13 holidays would cost $ 4,330.56 Uniforms and cell phones service would cost $ 1,130.00 The total cost for Seasonal Park Aide would be $ 29,444.20 Nightly patrol of the Parks The National City Police Department currently patrols all parks at night. 1 have met with Chief Pauu and Captain Short regarding the nightly patrol of the parks and they have offered to increase their nightly patrols at Kimball Park, Las Palmas Park and El Toyon Park. This increased patrol would cover what Rodgers was providing for us under the current contract. In the past Rodgers would report to the Park Department any major activity that happened in the Parks. Rodgers would contact the Police Department for assistance as needed. The Police Department would also contact the Parks & Recreation Department of any major activity that happen in the parks at night. -3- City of National City, California COUNCIL AGENDA STATEMENT nlEETING DATE October 21, 2003 AGENDA ITEM NO. ITEM TITLE 9/80 Work Schedule - Request for Concept Approval 12 PREPARED BY Ryan Hyland 4, DEPARTMENT City Manager Management Analyst Phone: 336-4370 EXPLANATION In March of 2003 the MEA submitted a proposal to Management regarding the possible implementation of a 9/80 work schedule. Management met with MEA representatives, as was called for in the current MOU*, to discuss the proposed 9/80 schedule. While there was initial interest by both parties to investigate options for this work schedule, workload issues prevented a full analysis at that time. Management recently met again with MEA representatives to discuss the 9/80 work schedule and both parties have agreed to a tentative timeline for analysis and possible implementation. The attached report outlines the general concept of a 9/80 work schedule and how it could be implemented in the City of National City. At this time staff is requesting concept approval of the 9/80 schedule. If approved in concept, staff will prepare a detailed and comprehensive implementation plan, meet with MEA on meet and confer issues, and return to Council with an implementation plan. *The current Memorandum of Understanding with MEA lists the following in Article 24, Section 5: "The City will agree to re -open negotiations before the end of the first quarter of the calendar year 2003 for the sole purpose of considering the desirability and feasibility of implementing a 9/80 work schedule and issues relating to that implementation." Environmental Review V N/A Financial Statement Implementation of 9/80 would have minimal financial effects. Insignificant savings may be seen in energy costs. Funds for advertising and slight increases in on -call pay could be covered in existing budgets. Emergency situations, such as sewer breaks, on an off Friday could result in a slight increase in overtime pay. This would also be a minimal amount likely covered within existing budgets. Account No. STAFF RECOMMENDATION The City Manager's Office recommends that the City Council give concept approval to the 9/80 plan and authorize Staff to complete the planning effort and return with a final implementation plan. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. A) 9/80 Overview B) Schedules of Cities in San Diego County C) Proposed Timeline for Analysis & Implementation D) Initial MEA proposal • A-200 (9/80) Attachment A 9/80 Overview Fundamentals of the 9/80 work schedule A 9/80 schedule allows employees to work 9 days instead of 10 days in a two week pay period, while still fulfilling a 40 hr per week workload. For example, a common structure of a 9/80 schedule is as follows: Week 1: Monday — Thursday 7:30 a.m.— 5:30 p.m., Friday 8:00 a.m. — 5:00 p.m. Week 2: Monday — Thursday 7:30 a.m.— 5:30 p.m., Friday Off — City Hall Closed (The Week 1/Week 2 pattern is repeated during every pay period) The convenience to the public is that City Hall is open earlier and stays open longer on Monday through Thursday. (Note: Some cities that operate under a 9/80 schedule alternate staff on the Week 2 Friday to keep City Hall open. Due to the small staffs in many of our offices it would not be feasible to operate with only half-staff on Fridays. Even with increased staffing it is our observation that using the split staffing model causes chaos as the "right" employee never seems to be working on the day they are needed for a meeting or a customer contact. A better system, we feel, is to have everyone present for the same hours. Using our Human Resources Department as an example, with only 3 members this would require that one employee run the entire office on select Fridays. For these reasons it is advisable to adopt the Friday off model when implementing 9/80 in cities with smaller staffs.) 9/80 in other cities Currently in San Diego County 13 of the 18 cities operate under a 9/80 schedule. (Looking outside of San Diego, the majority of cities in Orange County operate under the 9/80 schedule.) Of the 13 San Diego cities on 9/80, 7 operate under the model listed above in which the City is closed for business on alternating Fridays. Attachment B contains a chart of San Diego County cities and their schedules. (Note: Cities that close City Hall on alternating Fridays all chose the same Friday to be closed. Staff would recommend that National City follow the same closure schedule.) Staffs in these cities describe an overall satisfaction with the schedule from both employees and the public. There was mention in some cases of an adjustment period for the public where some residents did show up to City Hall on closed Fridays. Other cities were able to reduce this occurrence through extensive public information campaigns undertaken prior to implementation of the schedule. Some of the benefits and drawbacks to 9/80, as described by cities currently using the system, are listed in this report. The Community Development Commission in National City has also been operating on a modified version of 9/80 (closed on Fridays at noon) since June of 2001. The program was introduced on a one year trial basis, and was found to be successful and therefore put in place permanently in July of 2002. After implementing the new schedule the CDC reported a 21% decrease in sick leave usage. Given the success of the modified 9/80, CDC has indicated an interest in transitioning to the Friday off 9/80 schedule listed above, should the City implement such a schedule. Benefits of the 9/80 schedule While some cities have instituted a 9/80 schedule in hopes of saving on energy costs, there is likely only a minimal savings in this area. However, a more substantial benefit is in the extended hours for customers during the workday. By extending the hours of City Hall beyond the traditional 8 to 5 workday, customers who might otherwise be unable to visit City Hall are now given the opportunity to,pull permits, pay fines, sign up for recreation classes, request information, and access any other City services they may need. The extended hours at City Hall offer the public an opportunity to visit before and after work, and this is a principal public benefit of the 9/80 schedule. In addition to the extended service hours offered to the public during the day, the schedule also benefits employees. The schedule allows employees to commute during non -peak traffic times, and also to take care of personal and family business on a weekday when City Hall is closed on alternate Fridays. The 9/80 schedule is an effective benefit tool in the recruitment and retention of employees. Increasingly, the government agencies and private firms the City does business with are closed on Fridays themselves. Having a compatible schedule can add to our productivity. Benefit Summary: Residents' perspective Extended hours of access before and after normal work hours provide added convenience Employee perspective Time on off Friday can be spent with family or taking care of personal business Regional perspective Reduced traffic congestion/emissions during peak commuting hours Organizational perspective Valuable tool in recruiting and retaining employees Potential (albeit minimal) savings on energy costs Potential reduction in sick leave used by employees -2- Potential drawbacks of the 9/80 schedule Some residents maybe inconvenienced on a Friday if they phone or travel to City Hall when it is closed. Drawback Summary: Residents' perspective City Hall not available every other Friday Potential confusion on which Friday City Hall is closed each month Regional Perspective No drawback identified Potential remedies for drawbacks While there are potential drawbacks to the 9/80 schedule, there are also practices which can reduce the magnitude and/or frequency of these issues. One of the major keys to the success of a 9/80 program is an aggressive public information campaign. Public information efforts preceding the implementation and ongoing efforts once the schedule is in place are crucial components of a 9/80 plan. Leading up to an implementation, a multi -faceted multi-lingual public information campaign would be needed to publicize the new schedule. This would be done through various press sources in an attempt to reach all residents and businesses in National City. In addition staff would contact all vendors and community groups to notify them of the new schedule. This information campaign would be similar, although more extensive, to efforts undertaken when the City Council Meeting frequency was changed several years ago, and also similar to the Christmas Week closure efforts undertaken last year. Because of the public information effort preceding these schedule changes, both were implemented smoothly with no issues of scheduling confusion reported by the public or vendors. Should Council wish to pursue a 9/80 schedule, staff would report back with a complete public information plan. Once a 9/80 is implemented it is important to maintain a level of public information to remind residents and businesses of Friday closures. Cities currently closed on alternating Fridays use a variety of methods to keep the public up to date on Friday closures. Signs at public counters, reminders on e-mails/voice mails, and print/web based calendars with closure dates are some of the methods used to remind residents and businesses of Friday closures. Staff would also include a detailed plan for ongoing reminders such as these in the final implementation plan. -3 Operational details of 9/80 If Council wishes to implement a 9/80 schedule, staff will return with a detailed and comprehensive plan outlining all aspects of operations and policy that would be affected. What follows below is a brief look at some of the issues that would need to be addressed. These issues have been addressed successfully in other organizations that have implemented a 9/80 schedule. Participation: In most cities with 9/80 schedules, the participation is citywide with the exception of safety employees (Police & Fire) and a limited number of other essential positions. Upon initial review, staff recommends that all National City employees participate in the 9/80 schedule, with the exception of those involved with the emergency operations, library operations, and certain recreation and public works operations. While City Hall and other City facilities, possibly including CDC, would be closed on alternate Fridays, certain facilities would remain open, and some operations would not be suspended. Examples of these facilities and potential operational changes are listed on the chart below. City Hall Closed on alternating Fridays CDC Closed on alternating Fridays (if matching City's 9/80) Police Safety operations unaffected. Office staff would be on 9/80 and the lobby would be closed on alternating Fridays (Note: Currently the lobby is closed on Saturday and Sunday. When someone arrives for emergency assistance, they are directed via signage to dial 911 on the payphone in front of the building. This signage would also be in place on the closed Friday if 9/80 were implemented) Fire Safety operations unaffected. Office staff would be on 9/80 and office closed on alternate Fridays Recreation Closed on alternating Fridays Recreation programs and facilities including the City Pool the Senior Center, Camacho Gym, and El Toyon would remain open and staffed. City Parks would also be maintained 7 days a week as is the current practice. Library Hours of operation unchanged. Employee schedules would remain unchanged Public Works Closed on Alternating Fridays Essential operations, such as street sweeping, would continue on the current schedule Purchasing Closed on alternating Fridays Transit No Changes Nutrition Center No Changes -4- Flexibility: The City understands that some employees may require flexibility in their schedules. Dependent care and pursuit of higher education are two examples of possible scheduling challenges that some employees may encounter when adopting a new work schedule. The current Memorandum of Understanding with the MEA contains language that provides for flexibility in scheduling. It would be management's intent to continue to be flexible, when feasible, to accommodate employee needs related to 9/80. For instance, while the public building hours at City Hall may be from 7:30 a.m. to 5:30 p.m., if a Department Director and the City Manager were to approve, an employee needing flexibility could be permitted to begin their work day earlier than 7:30 am, or work beyond 5:30 p.m. This flexibility assumes all public counters will be adequately staffed during public hours and no other supervisory issues are identified. Workweek/Timecards: In order to comply with the Fair Labor Standards Act (FLSA), the payroll period would need to be changed as well as timesheet deadlines and paycheck distribution. Implementation of a 9/80 schedule would require that the payroll period begin, and end, at 12:00 noon on the working Friday. Overtime: Implementation of the 9/80 schedule, in and of itself, would not cause an increase in overtime or any violation of the FLSA. An adjustment of the payroll period that would accompany 9/80 would ensure compliance with FLSA. (Note: If emergency situations, such as sewer breaks, were to occur on an off Friday the City could see a slight increase in overtime pay. This would likely be a minimal amount that would be covered within existing budgets. A slight adjustment in on -call pay would also be seen, but this increase would be minimal and covered within existing budgets.) Leave Time: The 9/80 schedule would not affect the accrual rate for vacation or sick leave. Employees will continue to accrue vacation, holiday, and sick leave in accordance with the current accrual rates. When vacation, holidays or sick leave are used the employee will be charged based on actual time taken, calculated hour for hour. Holidays: In the event that a Friday off falls on a paid City holiday, the day would be accrued to be taken as a "floater" at a later date. These floaters would need be used as a day off prior to the end of the fiscal year. The use of the floater would be subject to Supervisor approval, just as is the current practice for leave time. Some cities choose to pay holidays falling on a 9-hour workday with pay for 9 hours, and those falling on 8-hour days are paid at 8 hours. Other cities choose to have employees' use one hour of banked leave accruals to complete the 9-hour pay. These cities also offer the option of working one extra hour within the same work week in which the holiday occurred. Staff will investigate both of these options and provide a recommendation in the final implementation report. -5- Other procedures and policies affected by 9/80 Agenda deadlines and posting of agendas for City Council, CDC, and Planning Commission would need to adjusted. Simple procedural changes implemented concurrently with a 9/80 schedule would accomplish these adjustments. Building security procedures would need to be adjusted. Currently the City Hall security system automatically locks and unlocks the doors at a certain hour. These hours would need to be adjusted to accommodate an earlier start time and later closing time for City Hall. Air conditioning and heating systems will also need to be reprogrammed to account for the Friday off. There are likely a variety of other small issues that will arise as the implementation plan is formed and these issues will be documented and addressed. -6- Attachment B Agency Plan Type Encinitas 9/80 Escondido 9/80 Imperial Beach 9/80 La Mesa 9/80 San Marcos Vista Solana Beach Santee Carlsbad Coronado Lemon Grove Poway El Cajon Del Mar Chula Vista 9/80 9/80 Work Schedules - Cities in San Diego County Year 9/80 was Implemented Work Schedule 2001 1994 2001 1992 1995 1996 'Extended Closed on • public Alternate hours? Fridays? 7 a.m.- 6 p.m. Mon.- Fri. Yes Yes 7:30 am - 5:30 p.m. M - Thur. & 7:30 a.m. to 5 p.m. on Fri. '',Yes 'Yes 7:30 am - 5:30 p.m. Mon. - Fri. Yes Yes 7:30 am - 5:30 p.m. Mon. - Fri. Yes Yes 7:30 am - 5:30 p.m. Mon. - Fri. (open until 7 p.m. on Thurs) Yes Yes 7:30 am - 5:30 p.m. Mon. - Fri. 9/80 _�9/80 9/80 9/80 9/76.5 9/80 9/80 10/80 2001 2001. 7:30 am - 5:30 p.m. M - Thur. Yes ;Yes & 8 a.m. to 5 p.m. on Fri. Yes Yes Yes (half 8 a.m. - 5 p.m. Mon. - Thurs. day each & 8 a.m. - 1 p.m. Fri. No Friday) 7:30 am - 5:30 p.m. M - Thur. 1991 & 8 a.m. to 5 p.m. on Fri. Yes 2001 1992 1997 1997 7:30 am - 5:30 p.m. M - Thur. & 8 a.m. to 5 p.m. on Fri. Yes 8 a.m. - 5:30 p.m. Mon. - Fri. Yes 7:30 am - 5:30 p.m. Mon. - Fri. 8 a.m. - 5 p.m. Mon. - Fri. 8 a.m. - 5 p.m. Mon. - Fri. Yes No No 10/80 National City Oceanside 10/80 8 a.m. - 5 p.m. Mon. - Fri. 8 a.m. - 5 p.m. Mon. - Fri. 10/80 '8 a.m. - 4:30 p.m. Mon. - Fri No 10/10/03 -7- 980survey Attachment C 9/80 - Timetable to Implementation Completed Work: Initial research from San Diego County Cities currently on 9/80 Initial discussion with City Departments Initial consideration of operational changes needed to implement 9/80 Upcoming Work: Oct. 2 Begin Draft of 9/80 Concept Memo for Council - (outline of general plan) Oct 10 First Draft Completed Oct. 13,14 Review of Memo by MEA and Management Oct 15 Revise Memo as needed Oct 16 Memo submitted for Oct. 21 Council Meeting Agenda Oct 21 Council provides concept approval or disapproval on 9/80 work schedule Should Council not wish to pursue the 9/80 concept, work on this topic will end here. October 22 Work begins on detailed Implementation Plan for 9/80 The Implementation Plan will include all aspects of the 9/80 implementation including, but not limited to: 1. complete listing of all employee work schedules 2. listing of all City facilities and new hours 3. payroll issues - workweek/FLSA 4. agenda deadline/posting changes 5. building security issues - change in access times 6. complete plan for public infonnation efforts leading up to the implementation 7. personnel rule changes dealing with payroll, timesbeets, holidays, etc... 8. ongoing public notification efforts during 9/80 workweek 9. vendor/contractor notification efforts prior to implementation 10. outline of changes needed to any other existing policies due to 9/80 11. changes to CDC schedule— if needed 12.? 13.? 14.? 15.? Oct 22 thru Nov. 11 Management Review, Management & MEA collaboration on Implementation Plan details Nov. 12 Implementation Plan submitted for Nov. 18 agenda Nov. 18 Implementation plan goes before City Council Should Council have concerns/revisions these will be addressed and Implementation Plan will return to Council at the Dec. 2 meeting. This could delay the dates listed below by an undetermined amount of time. Should Council approve the Implementation Plan as is, implementation could begin as listed below. Tentative Implementation Schedule: Nov. 18 thru Jan. 12 Final organizational preparation and multilingual marketing campaign. Time has been allowed for working with outside groups (newspapers, chamber of commerce, etc..) and to meet a variety of press publication deadlines. January 12 9/80 hours go into effect January 16 First Friday off nine eighty timeline_pub 9/28/03 copy A'ITACfIIT D IMPLEMENTATION OF 9/80 WORK SCHL+DULE (DEPARTMENT LEVEL) PROPOSAL Allow for the implementation of a 9/80-work schedule at the department level. 1. PURPOSE To propose a modification of the standard eight -hour day, ten-day pay work schedule (pay period) to a 9/80-work schedule. The modified workweek would improve services to the public and save natural resources. This schedule would save the city money on utility cost. The new schedule could be also considered an added benefit to the city's employees. 2. HOURS/DAYS OF WORK New hours and workweek as follows: A) Each work period (pay period) would consist of eight nine hour days and one eight - hour day for a total of eighty hours in a two -week period. A workweek under this schedule will consists of one week of thirty-six hours and one week of forty-four hours on an alternating basis. B) Police, Parks, library, and fine personnel under the M.E.A. shall also be allowed to work 9/80 schedule or flextime that would have the same results (alternating employees every other Friday). C) Departments that are using special schedules that have the same results or better work schedules (10/80 schedule) shall continue unchanged. D) Operation within the city hall shall be from 7:30 a.m. to 5:30 p.m. and public works will be 6:30 a.m. to 4:00 p.m. (non -administrative personnel). E) The Friday (dark day) that the city is closed shall coincide with other cities that have the similar 9/80 schedule. It would be the responsibility of the department director to develop the 9/80-work schedule for his/her department. The goal is to allow the employees to work a 9/80 schedule while providing adequate staffing to continue service to the public. 3. OVERTIME Overtime work is that time in excess of a normal work week (either thirty-six or forty- four hours) as requested and authorized by the Department Director or their designated representative, and shall be rounded off to the nearest 'A hours. Implementation of the 9/80 schedule by itself will not cause an increase in FLSA overtime. On -call pay shall be in accordance with Article 11 sec.(C), except that it shall included. alternating Fridays (dark day) as on -call rates. 4. LEAVE TIME This schedule is not intended to cause a net change in the number of hours provided for sick, vacation or holiday leave. The number of scheduled work hours, which the employee is absent, shall be deducted from the appropriate leave accumulation (i.e. sick, floaters, vacation, compensatory, holiday, etc.) 5: HOLIDAYS If a fixed holiday should fall on an "off' (dark) day Friday, the employees would be granted an additional 8 hours vacation time or floating holiday time. Holidays that fall on or are observed on Mondays through Thursdays will be paid at the rate of 9 hours. Holidays that fall on a regular 8 hour Friday will be paid at 8 hours. 6. DISPUTES This policy established guidelines to the implementation of the 9/80. Although the policy is as specific as possible, the City and Miscellaneous Employee Association understands that there are aspects of such a schedule that cannot be fully anticipated and that the parties may have to discuss specifies as they arise. 7. . IMPLEMENTATION The City and the Association wish to implement the 9/80-work schedule as soon as possible. AL:9/80 /0 X N/A Categorical Exemption MIS Approval City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 21, 2003 *REFER TO ITEM #14 AGENDA ITEM NO. 13 /ITEM TITLE AMENDMENT TO APPENDIX D OF THE LAND USE CODE REGARDING WIRELESS COMMUNICATIONS FACILITIES, PUBLIC AGENCY WATER STORAGE TANKS, AND RESERVOIRS FOR POTABLE WATER (APPLICANT: CINGULAR WIRELESS) (CASE FILE NO.: A-2003-3) PREPARED T RCP Roger G. Post, 336-4310 DEPARTMENT planning EXT. EXPLANATION Cingular Wireless has submitted a Conditional Use Permit application (a separate item for this application is included on the agenda for this meeting) for a wireless communications facility on Sweetwater Authority's O.D. Arnold water storage tank in a Single -Family Residential (RS-1) zone. Wireless communications facilities are not permitted in residential zones. Thus, Cingular Wireless requested the proposed amendment to "Appendix D Use Group Index" of the Land Use Code, which is an administrative guideline for the orderly development of uses in the City, to allow wireless communications facilities on public agency water storage tanks with an approved Conditional Use Permit. Since Appendix D is an administrative guideline, a public hearing is not required to amend it. Planning Commission held a hearing on this item and recommended denial of it at their September 15, 2003 meeting. The attached background report describes the item in detail. CEnvironmental Review Financial Statement N/A STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission. Approved By: Finance Director Account No. BOARD 1 COMMISSION RECOMMENDATION The Planning Commission recommends denial of the proposed Amendment to Appendix D of the Land Use Code. Vote: Ayes- Pruitt, Saludares, Alvarado, Flores, Martinelli, Graham Abstain: Carrillo, Reynolds Absent: Baca ATTACHMENTS ( Listed Below) Resolution No. 1. Background Report 3. Finding for Approval 2. Planning Commission Resolution No. 33-2003 4. Notice of Exemption including a Finding for Denial 5. Application A-200 (Rev. 7/03) BACKGROUND REPORT Currently wireless communications facilities are not allowed in any residential zones in the City. The proposed amendment would facilitate the location of the first wireless facility in a residential zone. While a water tank in a residential zone is a rather unique situation, it is an example future applicants could point to when seeking to locate additional wireless facilities in a residential zone. At their September 15, 2003 meeting Planning Commissioners discussed the potential effect of allowing wireless communications facilities on public agency water storage tanks with an approved Conditional Use Permit, and considered an application from the applicant to construct a facility on the only water storage tank in the City. Commissioners voted to recommend denial of the proposed amendment, finding that it is not in the ublic interest and is not consistent with General Plan policies that encourage development which enhances surrounding areas, since residential neighborhoods are not appropriate locations for public utilities-, such as wireless communications facilities. However as an alternative, Commissioners initiated a General Plan Amendment to change the zoning of the site from residential to institutional. If the site were zoned institutional, the applicant's previously noted application could be approved and become effective. DESCRIPTION OF DRAFT IECHINICAL CHANGES TO APPENDIX D USE GROUP INDEX 1. Add "Public Agency Water Storage Tank" to UG 2 Area wide conditional uses This use is not currently listed under any use group in Appendix D. There is only one public agency water storage tank in the City; it is located in the Single-family residential (RS-1) zone. This will allow public water tanks in any zone in the City with an approved Conditional Use Permit. 2. Add "Wireless Communications Facility on a Public Agency Water Tank" to UG 2 Area wide conditional uses This will allow wireless communications facilities on public agency water tanks in any zone in the City with an approved Conditional Use Permit. 3. Move "Reservoir, Potable Water" from UG 1 Area wide permitted use to UG 2 Area wide conditional uses This use is much more like the uses in UG 2 than those in UG 1. Given the characteristics of this use, it makes sense to require a Conditional Use Permit for it, rather than to allow it by right in any zone in the City. RESOLUTION NO. 33-2003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING DENIAL OF AN AMENDMENT TO APPENDIX D OF THE LAND USE CODE REGARDING WIRELESS COMMUNICATIONS FACILITIES, PUBLIC AGENCY WATER STORAGE TANKS, AND RESERVOIRS FOR POTABLE WATER APPLICANT: CINGULAR WIRELESS CASE FILE NO. A-2003-3 WHEREAS, the Planning Commission of the City of National City, California considered an application for an amendment to Appendix D of the Land Use Code requesting that wirelesscommunications facilities be permitted on public agency water storage tanks in Residential Zones, at the meeting held on .September 15, 2003, at which time oral and documentary evidence was presented; and, WHEREAS, technical changes were also drafted to require that wireless communications facilities on public agency water storage tanks would require a Conditional Use Permit, and also to clarify public agency water tanks and reservoirs for potable water would also require Conditional Use Permits; and, WHEREAS, at said meeting the Planning Commission considered the staff report contained in Case File No. A-2003-3 which is maintained by the City, and incorporated herein by reference; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public meeting held on September 15, 2003, fail to support findings, that the proposed amendment is in the public interest and is consistent with General Plan policies. 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 meeting held on September 15, 2003, support the finding that the proposed amendment is not in the public interest and is not consistent with General Plan policies that encourage deve opment which enhances and complements surrounding areas since residential neighborhoods are not appropriate locations for public utilities, such as wireless communications facilities, and while the requested amendment would provide for approval of Conditional Use Permits for wireless communications facilities on public agency water storage tanks in residential zoned areas, it could set an example for additional requests for wireless communications facilities in residential zones. BE IT FURTHER RESOLVED that the Planning Commission hereby recommends denial of the application for amendment to Appendix D of the Land Use Code (Case File No. A-2003- 3). BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of October 6, 2003 by the following vote: AYES: PRUITT, SALUDARES, ALVARADO, FLORES, MARTINELLI, GRAHAM NAYS: ABSENT: BACA ABSTAIN: CARRILLO, REYNOLDS CHAIRMAN FINDING FOR APPROVAL That the proposed amendment is in the public interest and is consistent with General Plan policies, as the General Plan calls for review of National City zoning and development ordinances to achieve implementation of General Plan programs and policies, and the amendment will carry out General Plan policies that encourage planned and orderly development, and enhancement of the visual quality of the City, since it will allow co -location of wireless communications facilities on existing structures and avoid the need for additional tall structures solely for placement of antennas. 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: A-2003-3 Project Location: City Wide Contact Person: Andrew Hoskinson Telephone Number: (619) 336-4313= Description of Nature. Purpose and Beneficiaries of Project: Amendment to Appendix D Use Group Index of the Land Use Code. Applicant Name and Address: Cingular Wireless 302 State Place Escondido, CA 92029 Telephone Number: 760-715-8703 Exempt Status: ❑ Statutory Exemption. ❑ Categorical Exemption. ❑ Not a project as defined in Scetion 15378 of CEQA ® Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: The proposed amendments to Appendix D of the Land Use Code, which is an administrative guideline for interpreting the Land Use Code, do not have any potential to cause a significant effect on the environment, since the changes are primarily for clarification purposes. Date: ANDREW HOSKINSON ASSOCIATE PLANNER ® Recycled Paper NATIONAL CITY, CALIFORNIA CODE AMENDMENT 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 20(s`- 3 Filing .Fee $4 - WO Receipt No: • L3 By C '4,) Date Received E.A.F. Required Fee $ Related Cases CO P " 2Asti. — I t0 SEE CHAPTER 18.112 OF THE NATIONAL CITY MUNICIPAL CODE FOR MORE INFORMATION. THE FILING FEE IS $1,600 PLUS RELATED APPLICATION FEES. I/WVe hereby request the National City Planning Commission to set a public hearing to consider an amendment to the National City Municipal Code, This change is being requested for the following reason(s) (Attach additional sheets or refer to separate letter, if necessary or convenient). Please see attached sheets. Code Amendment Application Revised August, 2002 Page 1 of 2 PROPERTY OWNER(S) seeking the change in regulations: (Attached extra sheets necessary). Name: 1 J.)e U. .I Al..41Mtliti Name: Signature See Attached AuthorizatSig% ure (Signature acknowledges that this (Signature acknowledges that this application is being filed) application is being filed) Address:r..a 1arreik- MR. Address: alit' Vista) C- cticitO Phone No. (7 f 11S c� 3 Fax No. C `( O)13b " `( 3 Date: Phone No.. Fax No. Date: APPLICANT/AGENT FOR PROPERTY OWNER(S): Name: Cingula`r Wireless (Please type or print) Signature:��iC�i�,-h (Signs certifies that the information su ed this application is true and accurate to the best of the applicant's knowledge). Address: 6170 Cornerstone Court, San Diego, CA 92121 Suite 180 Phone No. Fax No. Date: (760) 715-8703 (760) 735-4913 5/13/03 Code Amendment Application Revised August, 2002 Page 2 of 2 City of National City, California COUNCIL AGENDA STATEMENT October 21, 2003 MEETING DATE %ITEM TITLE NOTICE OF DECISION — APPROVAL OF A CONDITIONAL USE PERMIT FOR A \ WIRELESS COMMUNICATIONS FACILITY AT 5800 BOXER ROAD (APPLICANT: CINGULAR WIRELESS) (CASE FILE NgO� UP-2003-16) Roger G. Post, 336-4310 Planning EXT. PREPARED BY DEPARTMENT EXPLANATION The project site is a rectangular two -acre property on top of the hill on the south side of Paradise Valley Road at the eastern City Boundary. The property, which is zoned Single -Family Residential (RS-1), is developed with a large Sweetwater Authority water storage tank. The tank is 105 feet in diameter and 42 feet tall. Boxer Road, south of the site in the City of San Diego, provides the only access to the site The applicant proposes to construct and operate a wireless communications facility. The facility will consist of 12 panel antennas (one foot wide by five feet tall) on the outside of the water tank near its highest point. The antennas and cables will be painted to match the tank, resulting in a somewhat stealth facility (see the attached photo simulation). A small 150 square foot equipment enclosure will be built adjacent to the west of the tank, and will be partially built into the hillside. It will be secured by a chainlink fence that will match the existing fence around the water tank. Planning Commission held a public hearing on this item at their September 15, 2003 meeting. One area resident testified he was concerned about the proposed facility interfering with his radio and television reception. The Commissioners discussed the appearance of the facility and approved the Conditional Use Permit, since the facility will blend in with the existing development, and since it will result in enhanced service for the applicant's customers in the area. In order for this Conditional Use Permit to become effective, either Appendix D of the Land Use Code must be amended to allow wireless communications facilities on public agency water storage tanks, or the General Plan/Zone Designation of the 'te must be changed from Residential Single-family (RS-1) to institutional. A proposed amendment to Appendix D is included as a separate item on the agenda for this meeting. *REFER TO ITEM #13 14 AGENDA ITEM NO. Environmental Review X N/A Categorical Exemption MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD I COMMISSION E E ATIO The Planning Commission approved the Conditional Use Permit. Vote: Ayes- Saludares, Alvarado, Martinelli, Flores Abstain- Graham, Pruitt, Carrillo, Reynolds Absent- Baca ATTACHMENTS ( Listed Below) Resolution No. 1. Planning Commission Resolution No. 32-2003 3. Applicant's Site photographs and photo 2. Location Map simulations 4..Applicant's Plans A-200 (Rev. 7/03) RESOLUTION NO. 32-2003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY ON THE O.D. ARNOLD WATER TANK AT 5800 BOXER ROAD APPLICANT: CINGULAR WIRELESS CASE FILE NO. CUP-2003-16 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for a wireless communications facility on the O.D. Arnold water tank at 5800 Boxer Road at a duly advertised public hearing held on September 15, 2003, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. CUP-2003-16, 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 September 15, 2003, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the 150 square foot facility will be constructed adjacent to an existing public agency water tank on a mostly vacant 2 acre property. 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 wireless communications facility is unmanned and will typically be visited just a couple times a month for maintenance activities, and since the site can be accessed from Boxer Road, a local residential road, in the City of San Diego. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since small antennas and equipment mounted on the outside of a large public agency water tank and painted to match along with a 150 square foot equipment enclosure partially built into the hillside will not be readily apparent to the casual observer. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will improve the performance of the Cingular Wireless wireless communications network, resulting in enhanced service for its customers. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. This Conditional Use Permit authorizes a wireless communications facility at 5800 Boxer Road on and adjacent to the O.D. Arnold water tank. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File no. CUP-2003-16, dated 6/18/2003. 2. Plans submitted for the equipment enclosure shall specify that it will be of standard construction and not a modular building. 3. The permittee shall not object to co -locating additional facilities of other communication companies and sharing the project site, provided such shared use does not result in substantial technical or quality -of -service impairment for the permitted use. In the event a dispute arises with regard to co -locating with other existing or potential users, the City may require a third party technical study at the expense of either or both the applicant or the complaining user. This condition in no way obligates the City to approve any co -location proposal if it is determined by the City not to be desirable in a specific case. 4. Any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete shall be removed. 5. This Conditional Use Permit shall not become effective until Appendix D of the Land Use Cpde is amended to allow wireless communications facilities on public agency water. storage tanks or until the subject property is rezoned to allow wireless facilities. 6. The wireless. communications facility shall not cause interference to the television and radio signals of adjacent properties. In the event that interference occurs to an adjacent property, the applicant shall respond to the property owner and assess the source of the interference as soon as possible and not to exceed five business days. . 7. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 8. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 9. Exterior walls of buildings/poles/ fences to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 10. Before this Conditional Use 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 Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit 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. 11. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day 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. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of October 6, 2003, by the following vote: AYES: SALUDARES, ALVARADO, MARTINELLI, FLORES NAYS: ABSENT: BACA ABSTAIN: PRUITT, CARRILLO, GRAHAM, REYNOLDS CHAIRMAN DRN. DATE: 9/2/03 INITIALWireless communications facility on CUP-EAR2003-16 HiNG: an existing water tank 11 9/15/03 NATIONAL CITY PLANNING LOCATION MAP X cingulary- WIRELESS View of North Tank Elevation As Seen From Paradise Valley Road View of East Tank Elevation SD-869-03 O.D. Arnold Tank - Page 4 J-869-04 Q.D. Arnold Water Tank 5800 Boxer Rd. National City, CA 91950 cingular WIRELESS Proposed facade mounted sector antennas and cable tray painted to match existing water tank . , . otosunu abon o propose • e ecommuntoi tons site - O.D. Arnold Water Tank 5800 Boxer Rd. 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NA MC MINT III ETo"w"'1.7P.4N'i u'S1T0IlAlICIIll mwea a F aM a.1n e'11 WrP.A a11011.M r: ;-�xrmu PROPREARYMPoItlMTNW 4MO '1MENa WEC'-Pm�'1iIlA, 1on11. w ma./.:"raA11n R.1-11. mwle. BOOTH & 11101.4 ^E..mwn,.ww,...,'..,T Is r unm na ..,, Id PRCPARCO FOR }C cingular- WIREL- 41ID cORNER4ONE CT.. SDIII 5AN DIEEO, CA 9[131 Si APPROVALS IN DATE ME IOIFRUMX DAM Ali AOPAvnW DATE MIEN /N M& OM( a PROJECT NAME O.D. ARNOLD WATER TANK PROJECT NUMBER SD-889.04 5P00 BOXER ROAD NATIONAL CITY, CA 91950 SAN 01EG0 [ DRAWING DATES VIVO MOP Et um /a/m nu. m "ran VIVM amp ACCESS P /lI/M 111 II KY ✓ Vn I [ SHEET TITLE SITE PLAN GENERAL SPECIFICATIONS II PARMT\*Id.Imm.4 oloTAW IWO II A-0 BUT,R& ARCNu¢r°R( 11 1.1A11m10 111 III 411I1I I11j1 1 PREPARED FOR cingular- WIRE(• EIIO CORNERSTONE CI., SUIT SAN RIM CA 92I21 01 APPROVALS DATE 7RNN0 00100110N DATE SITE Awunrtwi o(i( OM. P OMYM DAll E1 PROJECT HAMS O.D. 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MOLE 'KO (O ASO SOCIATED DOO MRMMY EMI MMpE PWl SENEMO TOP V IMMTNE (Ci1N pRWSEOEMMA IOWEET w^� IMF k PIMM TO WATCH CANE FIMLO A 1R41SOMO ITEM MIME 10 MILE 1O 1M= T VI RATER THIS k PM PATCH [WIw Noma moue III Cf COSIM0 MEM WM TOP O AMOMAE+ OPIUM [1105[1 T 1M' OWD[P� OTI 1MR irc7COSMO GM WY EAST ELEVATION MW1M.I. II I 100100 O MRIW COWL CARE IMT WJMIEO 10 FADE Of DI51N0 Mlq INN k PAWED 10 w5M M. MOW MU DEMO 0emeam 0 TWNER HOMY TRENCH 10 MU IMF OH M1M TOM It M 110$ 10 MEM EW FMMEM MOM MI[MM0 NM um MRS Coma[ 10450615.0 Miu INK MI[110W. .ONEWM 5 III MI. LOOSED WALL Wu 1MI. M MSIMAND 04M1M1ER INMNMIIMVIMS SMYI SE HAMM T BaT& ARCSITRCTSCI II MA111111E4 IIIIII III • 51I' PREPARED FOR X cingular- 1170 COORNERSTOIICCCl..S21T- II APPROVALS oat IWwo RATE cox aMMmx RATE . _. ML ABGIRIICH OAR 11 OATS PROJECT NAME O.D. ARNOLD WATER TANK PROJECT NUMBER SD-889.04 5500 BORER ROAD NATIONAL CITY, CA MOO OAR DIEGO DRAWING DATES 4u/00 PROM EB MRP %M/Y MOM M ROC VSB/M MEMO MEM S/II/ol AMMO 10 M C/I/Ol 10 N5YRN 5I SHEET TITLE EXTERIOR ELEVATIONS M M V EOTMMwAJAe00ltits W OI11Y. V I0 IS A-3 PROgXO CONDEMSC UNIT °N A CONCRETE PAN (mod. Or 0) PROPOSED VICO SPLICE BOX FM 0NNR111NmS PROPOSE. LW BOX 0M(M10R CONIECIIM SOUTH ELEVATION PM1LN.IV RCS SIIION SWORE PKPmm COMALIE SIOCN RNINMO MMC TOP OF PROPOSED 1'-U' MN CIWIYI.{ FENCE VIM 3 SIM MS W KS DIRE SONO S.\ CpG1ETE SIMN Rn0NYO 0OIL PROPOSED 005090E IMINNG SNOW DOM AND ER/1t 1I1CN S R RE Sum WOOS :;.T 1 , &i.ijnim mlgnimm IBI.��1•�• =I- �i--_9[0.11�7yi il�n imili I�)nZmm�iiimml.xmruumini! �� /`•1 h M1 J f{.y s �% 'Y 1l+lfl'M1.,l, T,T �, S f . • ..(FIl oO.Io1 L . i��i� . IO 8 PAP/ASSAMMiN �f)t f JI R.. lY Sf //��,1y tatvgamarm :at SRO PM155 �I '.. QDMNSIP.vm �i le i� i/ f r y Y✓? MICCPZO `e NORTH ELEVATION W9MM•1V 11141.0 SCREED m0wsm EDT 15u 0xo*Ml IMOOC 1PO (SHE SHOOTER OX A CONCRETE PIL (0KA. MENLO) • E.A. .OE NAM MA-° CO FINISH S ISONE OR.O( {Xi1IRO KPlvt. EMS ms1w0 ASNVCI PANTO PROAS(° CONCRETE SWAM (T) PROPoSN L11 EON TM °TN{MIM COIWECI0X `PRMOIED C0MRFIE w000 Rn1ONO wL PROPOSE, CO ROTE BUMRRNMX° MVP emER{rt EAST ELEVATION CYLM.IV S . R Re -Wm WOOD FASCIL STUCCO M1M CMVRSN FENCE MIS S STRAWS OF WEED PRE ABOVE D°SFA'° °IMRO ' ISPNLLI MRB CIMB 0 SCREED Eni'iniB n. _.mininm u I ImhSm.�.. WEST ELEVATION WLlw.TY BUTS& ARCHITECTURE 11 111111RO 11 PREPARED FOR cinguRlar- 6110 CORNERSTONE CT., 501U !YI DIECO. CA 911t1 11 APPROVALS FORAM CONSTRUC PO RIK ARWAII00 OATS DAM .Art WAS 11 PROJECT HOME 0.0. ARNOLD WATER TANK PROJECT NUMBER SD-869-04 !BOO BORER ROAD NATIONAL CITY. CA 91050 SAN OIEOO CC DRAWING DATES a%n%a1 FMB. E1'Rmn 4/ID/OS m5it0 ACCESS S/I4/01 MCOHO E0 RIP L/EroT TO 10.0N1y I EI SHEET TITLE EQUIPMENT SHELTER ELEVATIONS n PSICTAMB10MA03011.A0301I1.111/0 A-4 City of National City, California COUNCIL AGENDA STATEMENT .,.FETING DATE October 21, 2003 AGENDA ITEM NO. 15. (-ITEM TITLE NOTICE OF DECISION — APPROVAL OF A CONDITIONAL USE PERMIT FOR A PRIVATE EVENT HALL AT 1830 SWEETWATER ROAD IN THE SWEETWATER TOWN AND COUNTRY SHOPPING CENTER (APPLICANT: BBB, INC.) (CASE FILE NO.: CUP-2003-21) PREPARED Y Roger G. Posf, 336-4310 DEPARTMENT Planning EXT. EXPLANATION The project site is located at 1830 Sweetwater Road in the Sweetwater Town and Country shopping center, which is zoned General Commercial -Planned Development (CG-PD). It involves the long vacant 40,000 square foot former bowling alley, at the rear of the center adjacent to Bally's Total Fitness. The property owner has been unsuccessful in attracting a retail use to the site. The applicant proposes to improve the interior of the building for use as private event space. The improvements will take place in three phases. The first phase will consist of one 10,000 square foot event hall, a showroom, and renovation of the building entry, and restrooms. A catering area and an additional 20,000 square feet (for a total of 30,000 square feet) of event space will be improved as part of the second and third phases. The halls will be used for private parties, weddings, quinceaneras, and meetings on Friday, Saturday and Sunday evenings between 6:00 p.m. and 1:00 a.m. Event packages will typically include event coordination, decoration, catering, bartending and security. The applicant, who runs a similar facility in south San Diego, has indicated that they typically hold events for 350 to 400 people, and that the largest they have held was for 800 people. The applicant will not sell alcohol, but will serve it to guests under a series of one -day licenses issued to clients by Alcoholic Beverage Control. Planning Commission held a public hearing on this item at their October 6, 2003 meeting. Although there was no public testimony, the commissioners discussed the consumption of alcohol on -site, event security and the availability of arking in the shopping center. They approved the Conditional Use Permit, finding that the large commercial building is suitable for the proposed event hall, and that with specific conditions of approval regulating the consumption of alcohol and times of operation, it should not have an adverse effect on nearby businesses in the center. CEnvironmental Review Financial Statement N/A N/A Categorical Exemption MIS Approval Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit and Variance. Vote: Ayes- Saludares, Alvarado, Martinelli, Flores, Reynolds, Carrillo, Pruitt, Graham Absent- Baca ATTACHMENTS ( Listed Below) Resolution No. 1. Planning Commission Resolution No. 34-2003 3. Site photographs 2. Location Map 4. Site plan A-200 (Rev. 7/03) RESOLUTION NO. 34-2003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A PRIVATE EVENT HALL AT 1830 SWEETWATER ROAD IN THE SWEETWA fER TOWN AND COUNTRY SHOPPING CENTER APPLICANT: BBB, INC. CASE FILE NO. CUP-2003-21 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for a private event hall at 1830 Sweetwater Road in the Sweetwater Town and Country Shopping Center at a duly advertised public hearing held on October 6, 2003, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. CUP-2003-21, 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 6, 2003, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the existing 40,000 square foot building in the 30 acre shopping center is appropriately designed for a private event hall, and since adequate parking is available in the center for the existing commercial use plus the proposed event hall. 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 Sweetwater Road, a prime arterial road with a capacity of 50,000 Average Daily Trips (ADT) and a current volume of less than 22,000 ADT, can accommodate the trips generated by the proposed use. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the private event hall will be housed in a former bowling alley building within the fully developed and professionally managed Sweetwater Town and Country shopping center, and since the non -peak business hour operation of the event will minimize potential parking conflicts within the center. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the 40,000 square foot former bowling alley building will be put back into use after remaining vacant for over seven years, and since the applicants will be able to serve the many potential clients they could not otherwise serve at their existing Southbay event hall, which is fully booked into 2005. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. This Conditional Use Permit authorizes a private event hall at 1830 Sweetwater Road. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File no. CUP-2003- 21, dated 8/21/2003. 2. Event hours for groups of over 400 shall be limited to Friday, Saturday and Sunday evenings between 5:00 p.m, and 1:00 a.m. 3. Adequate directional signage within the shopping center shall be provided subject to approval by the Planning Director. 4. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 5. All persons who will be serving alcoholic beverages shall receive and complete training in Responsible Beverage Service. 6. No consumption of alcoholic beverages or possession of open alcohol beverage containers shall be allowed outside of the building where the event is held. 7. When alcoholic beverages are served, the facility shall have a minimum of two licensed, uniformed security guards. Additional security guards shall be on site as required to maintain an on -site ratio of one security guard for every 100 guests inside the building. At least one security guard shall be inside the building and one security guard is to patrol the parking lot to prevent consumption of alcoholic beverages in the parking lots and surrounding areas. 8. The Police Department shall be notified seven (7) days in advance of any event at which alcoholic beverages will be served. The Police Department will be allowed access to inspect such events. 9. The sale of alcoholic beverages during any event is prohibited. 10. The catering manager shall have the one -day ABC license posted in a public place. 11. Review of the business for compliance with conditions of approval shall occur after the first year of operation of the business. 12. Before this Conditional Use 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 Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit 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. 13. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 14. No events requiring paid admission shall be held. 15. The facility shall not function as an entertainment venue. Concerts, wrestling matches, etc. shall not be held. 16. The facility shall remain in compliance with the Noise Ordinance (Title 12) of the Municipal Code. 17. Repeated occurrences of unruly beha'ior shall constitute grounds for revocation of this permit. 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. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of October 6, 2003, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: CHAIRMAN 87A7Rour,s, CITY PROJECT LOCATION km!, A CITY BOUNDARY ZONE BOUNDARY OS fige 60110 NATIONAL CITY PLANNING CG-PD DRN. DATE: 9/24/03 INITIAL HEARING: 1 0/6/03 SITE PHOTOS z z ,O`SFATW A 4 GJ .r NV-1d al's neve sodaD GaffiVo & banquet laciRti fon [FDCOQfLL,_ CC 1830 Sweetwater Rd. National City. California 91950 architecture — engineering — construction 4718 eenrnore Terrace Seen Diego, California 9-'116 619/SE3-i794 7 City of National City, California COUNCIL AGENDA STATEMENT .-.CETING DATE October 21, 2003 AGENDA ITEM NO. 16 i'ITEM TITLENOTICE OF DECISION — APPROVAL OF A CONDITIONAL USE PERMIT FOR '°\,, REPLACEMENT OF THE EXISTING JACK IN THE BOX RESTAURANT AT 1745 HIGHLAND AVENUE WITH A NEW BUILDING, AND A VARIANCE FOR A 24 FOOT WIDE DRIVE AISLE (APPLICANT: LYONS, WARREN & ASSOCIATES) (CASE FILE NO.: CUP-2003-17/Z-2003-9) PREPARED BRoger G.o�,te, 336-4310 DEPARTMENT Planning EXT. EXPLANATION The project site is located at the northeast corner of Highland Avenue and E. 18th Street in the General Commercial (CG) zone. The rectangular 22,000 square foot site has 202 feet of frontage along Highland Avenue and 109 feet of frontage along E. 18'i' Street. It is developed with a Jack in the Box restaurant with a drive-thru aisle and a customer parking lot. There are block screen walls along the north and east property lines and a pole sign near the intersection of Highland Avenue and E. 18tt' Street. The applicant proposes to demolish the existing site improvements, except for the screen walls and pole sign, and build a replacement Jack in the Box restaurant. The new 2,500 square foot building will be located on the southwest quarter of the site. It will have a modern appearance with 'a stucco finish, an aluminum and glass store front and aluminum awnings. The proposed drive-thru aisle will be located on the north and west sides of the building. A 25- space parking lot, accessible from both Highland Avenue and E. 18t'' Street, will be located at the rear and side of the building. A Variance has been requested for a 24 foot drive aisle, parallel to the east property line, where Land Use Code requires a 27 foot aisle. The setback areas, 10 feet along Highland Avenue, 5 to 10 feet along E. 18tt' Street and 5 feet along the east property line will all be landscaped with a mix of trees, shrubs and groundcover. Planning Commission held a public hearing on this item at their September 15, 2003 meeting. There was no public testimony at the hearing; however, the Commissioners discussed the design of the building, on -site vehicular irculation and site landscaping. They approved the Conditional Use Permit and Variance, since the replacement restaurant and other site improvements will increase the compatibility with nearby uses and substantially upgrade the appearance of the site, and since there is sufficient, functional off-street parking for the restaurant customers. Environmental Review N/A Categorical Exemption MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit and Variance. Vote: Ayes- Saludares, Alvarado, Martinelli, Flores, Reynolds, Carrillo, Pruitt Abstain- Graham Absent- Baca ATTACHMENTS ( Listed Below ) 1. Planning Commission Resolution No. 30-2003 3. Site photographs 2. Location Map 4. Site plan and building elevations Resolution No. A-200 (Rev. 7/03) RESOLUTION NO. 30-2003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR REPLACEMENT OF THE EXISTING JACK IN THE BOX RESTAURANT AT 1745 HIGHLAND AVENUE WITH A NEW BUILDING, AND A VARIANCE FOR A 24 FOOT WIDE DRIVE AISLE. APPLICANT: LYONS, WARREN & ASSOCIATES FOR JACK IN THE BOX. CASE FILE NO. CUP-2003-17/Z-2003-9. WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for replacement of the existing Jack in the Box restaurant at 1745 Highland Avenue with a new building, and a Variance for a 24 foot wide drive aisle at a duly advertised public hearing held on September 15, 2003, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. CUP-2003-17/Z-2003-9, 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 September 15, 2003, support the following findings: CONDITIONAL USE PERMIT 1. That the site for the proposed use is adequate in size and shape, since the 22,000 square foot, rectangular site can accommodate the 2,500 square foot restaurant, drive-thru aisle, 25 space parking lot and associated landscaped areas in a functional manner. 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 proposed Jack in the Box restaurant should not generate additional traffic because it is replacing an existing one of roughly the same size. Also, the project site is located at the intersection of two major arterial roadways that are currently operating well below capacity. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the restaurant is in a commercial zone near many other similar businesses, and since the replacement restaurant building and associated site improvements will substantially upgrade the appearance of the site, and since relocation of the speaker box and queuing for the drive-thru aisle increase its compatibility with the adjacent residential development to the east. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the many customers of the restaurant will be better served by the proposed replacement building and associated site improvements than by the existing outdated facility. VARIANCE 1. That because of special circumstances applicable to the property, including location and surroundings, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other property in the vicinity and under the identical zone classification, since several other General Commercial (CG) zoned properties in the area are developed with businesses, including restaurants, with parking lots that do not meet all of the minimum design standards in the Land Use Code. 2. That the requested variance is subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, since the required 25 off-street parking spaces are provided in a functionally designed parking lot as required of all properties in the area under the CG zone designation. 3. That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since a fast food restaurant is allowed in the zone pursuant to an approved Conditional Use Permit. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. This Conditional Use Permit/ Zone Variance authorizes construction and operation of a replacement Jack in the Box restaurant and associated site improvements at 1745 Highland Avenue. 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. CUP-2003-17/Z-2003-9, dated 8/21/03. 2. A detailed landscape and underground irrigation plan, including plant types, methods 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. Additionally, the plan shall show the use of a variety of groundcovers, other than just turf. 3. A plan shoving the conservation and re -use of the existing mature trees on -site shall be submitted for review and approval by the Planning Director. 4. The screen wails located along the north and east property lines shall have a stucco exterior to match the proposed building. 5. A trash enclosure shall be provided in accordance with city standards. It shall have a stucco exterior to match the building. 6. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 7. 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 consistent with the City of National City's Standard Urban Stormwater Irrigation Plan (SUSMP). 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. 8. The deteriorated portions of the existing street improvements (sidewalk 80') along the property frontages shall be removed and replaced. 9. All existing survey monuments, including any benchmark, within the boundaries of the project shall be shown on the plans. If disturbed, a licensed land surveyor or civil engineer shall restore them after completion of the work. A Corner Record shall be filed with the County of San Diego Recorder. A copy of the documents filed shall be given to the City of National City Engineering Department. 10. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 11. 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 is subject to adjustment. 12. Street improvements shall be in accordance with City Standards. Abandoned driveway aprons (80') shall be replaced with curb, gutter and sidewalks. 13. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 14. Exterior walls of buildings/ freestanding signs/ trash enclosures to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 15. The existing bus stop on Highland Avenue at the north end of the site shall be relocated to the south onto the Jack in the Box site. The head of the new bus stop should be located 73 feet from the preceding curb return; beginning at a point 58 feet from the preceding curb return a sidewalk, measuring 10 feet wide by 25 feet long should be incorporated into the improvement plans. 16. Contact Anthony Perez of Metropolitan Transit District Board to coordinate the relocation of the bus stop. 17. The property owner shall submit a letter to the Sweetwater Authority stating fire flow requirements. The owner shall enter into an agreement with the Authority for any water facility improvements required for the proposed project. 18. Before this Conditional Use Permit/Zone Variance 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 Conditional Use Permit/Zone Variance. 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 the Conditional Use Permit/Zone Variance 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. 19. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day 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. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of October 6, 2003, by the following vote: AYES: PRUITT, CARRILLO, SALUDARES, ALVARADO, FLORES, MARTINELLI, REYNOLDS NAYS: ABSENT: BACA ABSTAIN: GRAHAM CHAIRMAN OTIS ELEMENTARY JACK IN THE BOX RESTAURANT ZONE BOUNDARY LOCATION MAP Replace the existing Jack in the Box building with a new building and asscoiate site improvements CUP-2003-17/Z-2003-9 NATIONAL CITY PLANNING DRN. DATE: 8/22/03 INITIAL HEARING: 9/15/03 Site Photographs View ofHi_hland Avenue .rote fronte from the south View of E. 18th Street side of the property from the south View of existing drive-thru aisle adjacent to east property line from the south View of the site and the existing restaurant from across Highland Avenue PROJECT DATA PARKING REQUIREMENTS s LEGAL DESCRIPTION « a x a«ne 1>s«na« nO,14Cf x ,is sr i71 451110.004 Y. 1w a i,1119,.9 eesa`"ixl,1m: maw n. amm �9FA5, VICINITY MAP L_ SUBMITTED BY i,„, ;1 «`�. All, 31,1 31.ve(e55165,0Ae2Se .ml. 5TR SWI2O[n ZONING - EXISTING APARTMENTS ►I A NATIONAL CITY PLANNING DEPT. EXHIBIT A -Revised CASE FILE NO. CUP-2003-17 DATE: 8/21/2003 --- EXISTING APARTMENTS —� —(5:.) ( R9` 110.90 s73 105[9u0M0 IL) COXC P0.E HIGHLAND AVENUE 5 a 2LYUa[0 \\ J ILIL3KBO0. \ (tivdu 0L 90 \ ([ILO. v0:1 SITE PLAN 9330 BALUA A 01U1 mu LINO, CA 99n Jock in the An dotes RELEASE 'n.(OiM COO, c[non ex CONS1Fn site information AOLA[55 NAM H.. «' SCALE. A5 NOTED SITE PLAN SCALE' 1" = 10' NORTH SD101 T A e m 4 LEFT ELEVATION SSALE 1/4".= TT 71 FRONT ELEVATION e EXTERIOR FINISH SCHEDULE USE CHECKED BOX ONLY MAT:RIAL/F.NISH n ANT -CRAMP PAINE SCUFA.IASIER (TOO) 360-3965 EXT. IBS e—COLOR WHERE ANT -GRAFFITI PAINT IS REQUIRED SUBSPTUTE' SCUFFMASTER ARMOR -COAT 1200, ALIPHATIC URETHANE COATING YIITN REVLAR, COLOR TO MATCH THE DELON REFERENCED COLORS SMOOTH TEXTURE. MATERIAL/FINISH: 01 02 PRE RIOR CEMENT NIISHED ALUMINUM YER- SAND FLOAT FINISH - COLOR AWNING• Or SIGN CONTRACTOR) COAT: INIIlE 03 24" . 36' S.S. FLASHING AT GREASE RECOVERY TAP IN 04 ALUMINUM STOREFRONT RASTER I" CLEAR INSULATED GLASS E 1' CLEAR INSULATED CLASS W/ SOLARBAN 60 COATING E 1/4" CLEAR GLASS ANTI -GRAFFITI EIIM 05 EXTERIOR CEMENT PLASTER FINISH COAT OVER CONCRETE CURB OS INTERNALLY ILLUMINATED BUILDING SIGNAGE (NOT A PART OF THIS PURIST) 07 WALL MOUNTED LIGHTING FIXTURE 00 ELECTRICAL SNITCH GEAR 09 PREFINISHEO METAL PARAPET COPING (0.F.C.I.) 10 1' HIGH BUILDING ADDRESS LETTERS (AS REQUIRED PER LOCAL JURISDICTION) I1 METAL FLASHING TT BOIL! -UP ROOFING SYSTEM 13 HOLLOW METAL DOORS AND FRAMES, MISCELLANEOUS TRIM 14 16 N L' 16" H WALL LOWER -SEE SPECS, SHEET SP1.2. DIRTIER 1O 15 CO2 FILL BOX METAL COVER A BEiiJAMF: IAOORE-MODRCLO LATEX HOUSE .N0 TRIM PAINT 4096-9DI '0 B RED C p40 DARK BRONZE ANODIZED D °MITE TEXT ON RED BACKGROUND E WHITE WS11-1 RED BAND F COLOR/BNISH TO MATCH ADJACENT SURFACE G COLOR TO MATCH BENJAMIN WORE - MOOROLO LATEX HOUSE AND TRIM PAINT M096-96T 'OFF WHITE' 1 40 'WHALE GRAY", SOFT GLOSS 'ENJRMIA .SIDE PAINT KDOOR) -4- (PANT ALL SIDES OF THE DOOR) K IN IAOORE PAINT. #071 "CLACK'. L NATURAL CONCRETE. CRAY M STAINLESS STEER. SOOT Ruban AromT URN OImS. CA NTiTS 5:1999 Jock in the Box he Moles Ativn Czar) DCR EXTERIOR ELEVATIONS A2.0 epee I I II o RIGHT ELEVATION REAR ELEVATION ORNWnuN r'le MI ROOF Pwl L MRT� 0 EXTERIOR FINISH SCHEDULE USE CHECKED BOX ONLY eyMATERIAL/FINISH ElANTI-GRAFFITIPAINT: SCUFFMASLER (BOG) 366-3965 SHE 105 -COLOR WHERE SCUFFMASTFRGRAFEITT PAINT IS REQUIRED ARMOR-COAT 1200.AUPHATURTHANE COATING INTO NEVLAR. COLOR TO MATCH THE BELOW REFERENCED COLORS SMOOTH TEXTURE. MATERIALIFIXISN: 01 EXTERIOR CEMENT PLASTER- SAND FLOAT FINISH - COLOR COAT. WHITE 02 ?REFINISHED ALUMINUM AWNING. (BY SIGN CONTRACTOR) 03 24" x 56" S.S. FLASHING AT GREASE RECOVERY TAP M OA ALUMINUM STOREFRONT SYSTEM I" CLEAR INSULATED GLASS I' CLEAR IN5UL41E0 GLASS W/ TOLARDAl1 CO COATING CLEAR GLASS ❑ ANN-CRAFFTI FILM 05 EXTERIOR CEMENT PLASTER RASH COAT OVER CONCRETE CURB DB INTERNALLY ILLUMINATED BUILDING SORTIE (NOT A PART OF HITS XERMIT) 07 WALL MOUNTED LIGHTING FIXTURE OR ELECTRICAL 50A1CN GEAR 09 FREER -ASKED METAL PARAPET COPING (0 001) 10 12 HIGH BNILOINO ADDRESS LETTERS (AS REOUIREO PER LOCAL ,URISDIC'ION) 11 METAL FLASHING 16 MUILT-UP ROOFING SOSTEM 13 HOLLOW METAL DOORS AND FRAMES. MISCELLANEOUS TRIM 14 16" W o IS" H WALL LOUVER -SEE SPECS, SHEET SP12. DINSON 10 IS CO2 FILL BOX METAL COVER COLOR: BEAJAXIN MGORE-MOGRGLO LATEX HOUSE AND TRIM PAINT AI190-0E1 OFT YAIIIE RED E40 DARK BRONZE ANODIZED AMITE TEXT ON RED BACKGROUND WRITE WIN RED BAND COLOR/FINISH 10 MATCH ADJACENT SURFACE COLOR TO MATCH BENJAMIN MOORE - MO0RCLO LATEX HOUSE ANT TRIM POINT /596-9E7 "OFT WHITE" BENJAMIN MOORE PAINT: 4283-21 i4-40 "WHALE GRAT , 50F1 GLOSS (PAINT ALL SIDES OF THE DOOR) BENJAMIN MOORE PAINT. 4001 BLACK" NATURAL CONCRETE, GRAY. STAINLESS STEEL 9330 BALBOA AYJUIE SAIL IXEGO. CI 91113 Jock A the Box Inc OM: aRmne ImrD EXTERIOR ELEVATIONS A2.1 .ETING DATE City of National City, California COUNCIL AGENDA STATEMENT October 21 2003 AGENDA ITEM NO. 17 ITEM TITLE PREPARED BY EXPLANATION TEMPORARY USE PERMIT — WALMART- TEMPORARY TRAILER Kathleen "ir'ees, Director 336-4210 Building and Safety DEPARTMENT This is a request from Walmart to locate 3 storage containers in the rear lot behind the garden center from October 22, 2003 to January 15, 2004. The layaway department has been so popular the store is completely out of space in their backroom layaway storage area. The containers will be used for storage of the layaway merchandise. Sec. 18.94.070 of the Land Use Code states: "Shipping containers and truck trailers shall not be used for storage purposes in any zone, except as approved on a temporary basis by the City Council". CEnvironmental Review N/A Financial Statement Approved By: Finance Director The City has incurred $62.00 in costs in processing the T.U.P. application through various City Departments. Account No. STAFF RECOMMENDATION N/A Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval and limit the duration to one year per Council Policy 704. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Application For A Temporary Use Permit with recommended conditions of approval Resolution No, A-200 (9 99) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED Conditions of Approval SPONSORING ORGANIZATION: Walmart EVENT: Temporary Office Trailer DATE OF EVENT: October 22, 2003 until February 5, 2004 TIME: N/A APPROVALS: PLANNING YES [ x ] NO ; [ ] SEE. CONDITIONS [ __], FIRE YES [ x ] SPECIFIC Conditions of Approval: Fire Containers may not block Fire Department access. NO [ ] SEE CONDITIONS [ x Type of Application: Construction Trailer Temporary Office or Classroom Trailer 54or a 9 C. Gor to i n•e r Contractor Storage Yard Condo or Model Home Sales Office — Photographic Filming (No street closures or special effects) Location: awe. S r 0. ck P co Vl &► ., a r^ S I► r .1 4Lp 5{„-J.n -htire to A -Fite. ho L: c/a.� < Dc -019e If this application is for filming please complete the following: Date(s): From to Month/Day/Year Actual Event Hours: am/pm to am/pm Setup/assembly/construction Date: Start time: Please describe the scope of your setup/assembly work (specific details): Dismantle Date: Completion Time: am/pm Applicant Organization: Y V tM r Chief Officer of IT] Organization (Name) CA. , Applicant (Name): `-A.r l o s - L �n vs0.' ) i ' ` Q '�-r- ''II ,4c ✓.( Ne. CJ} iS Address. 1 % O o -Fi-L� 1 Evening Phone: ( ) Fax: (44 Daytime Phone: j) Please provide a DETAILED DESCRIPTION of your event Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. .� —t€ A y lea,/ .e °ETING DATE City of National City, California COUNCIL AGENDA STATEMENT October 21, 2003 AGENDA ITEM NO. 18 7ITEM TITLE PREPARED BY EXPLANATION TEMPORARY USE PERMIT — SWEETWATER HIGH SCHOOL - HOMECOMING FIREWORKS DISPLAY Kathleen Trees, Direct] 4 TMEN. uilding & Safety This is a request from Sweetwater High School to hold a fireworks display on Friday, October 24, 2003 after the homecoming ceremony, which will be ending at 7:00 p.m. The fireworks display will last 5 minutes. Sweetwater High School is requesting a waiver of all fees. The event qualifies for a waiver of fees per City Council Policy #704. Environmental Review N/A Financial Statement Approved By: Finance Director The City has incurred $136.00 in costs in processing this Temporary Use Permit application. Costs to be paid also are $85 for a Fire Permit, and $1050.96 for overtime Police ofkes.radati14,20 for School Rcsourcc Officcrs. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval and grant the waiver of the fees except for $320 for the School Resource Officers. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS (listed Below } N/A Application For A Temporary Use Permit with recommended approvals and Conditions of Approval. Resolution No. A-200 (9. 99) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: EVENT: DATE OF EVENT: TIME OF EVENT: APPROVALS: PLANNING FIRE POLICE Sweetwater High School Fireworks Display Friday, October 24, 2003 7:00 p.m. YES [ x ] NO [ ] SEE COMMENTS YES [ x ] NO [ ] SEE COMMENTS [ x YES [ x ] NO [ ] SEE COMMENTS [ x ] CONTITIONS OF APPROVAL: FIRE 336-4550 1. No Fire Department access is to be blocked at any time. 2. All Fire Department connections, FDC's, hydrants, sprinklers, shall not be blocked. 3. A permit for the fireworks display must be obtained, by the fireworks company, from the Fire Department. The fee is eighty-five ($85.00). The permit must be applied for at least 14 days prior to the event. 4. A Fire safety inspection will be conducted prior to the fireworks display. 5. The fireworks company will have to provide the Fire Department with a site map showing separation distances from the shooting site and spectators, as well as, the fall -out area. POLICE 1. There are normally nine (9) Police Officers assigned to work the event, four (4) School Resource Officers, four (4) regular officers and one (1) sergeant. In the past, Sweetwater High School ASB has paid for the four (4) School Officers to work the event. 2. School Rate: a. $20 an hour per officer, minimum 4 hours b. $20 x 4 hours x 4 officers = $320.00 3. Normal overtime rate: a. $49.98 an hour per officer, minimum 4 hours b. $49.98 x 4 hours x 4 officers = $799.68 c. $62.82 an hour per sergeant, minimum 4 hours d. $62.82 an hour x 4 hours x 1 sergeant = $251.28 Type of Event: _ Public Concert Parade Motion Picture Event Title: c Fair Demonstration Grand Opening C Event Location: zqt (& i f j V Event Date(s): From Actual Event Hours: Month/Day/Yea am/pm to if) Setup/assembly/construction Date: Festival rcus they k NOAND ECEiVEDE OCT _ Communitvavent o Y 2003 "44 go Block Party /AL C/? CALfF, A2 frovi / $41 Are 'L r (11 i Total Anticipated Attendance: am/p , 2 (`�j�Start time: J "",_ ` Please describe the scope of yo r setup/assembly work ( ecific details): Sr R sir C c3y Dismantle Date: /t 0 3 Completion Time: r"� ` am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Voo Participants) ( Spectators) Sponsoring Organization: Chief Officer of Organiz ' n (Name) Applicant (Name): Address: Zq1) 6 iT `> r iN 'tkrvi b bC►''L_ (Ty Daytime Phone: 46 Lrt Eg0i(e Evening Phone: q7 t t Fax: ((� �` ) Contact Person " n site" day of the event: ..-...l® CRet-\ Email tE�.lMtet dY� S uL c o iger C, Ilular: t ) �J NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS est For Profit ot-for-Profit cA ?milt)lt 1 Is your organization a "Tax Exempt, nonprofit" organization? Are admission, entry, vendor or participant fees required? ES, please explain the purpose and provide amount(s): �ty YES — NO YES — NO $ ((OD 1 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ 56r50Estimated Expenses for this event. $ 00 What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. A ttaxecc42i-beix ‘,vu_a` 7-L2 -Ps (`Lt- - r -'*- v- +O-- ' - C',Cfi t fL C.I1 Ci��c' ' I al j VA-e'Lt-- talc( d2s, 4&, ccx-r%- kierAtak Sta- 04A- 6+1- 624:4-il CLAAE)-r"- j c ne-r YES NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 2 _ YES NO Does the event involve the sale or use of alcoholic beverages? YES 'ENO Will items or services be sold at the event? If yes, please describe: YES O Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. P(YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. _ YES NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies • Sizes NOTE: A separate Fire Department permit is required for tents or canopies. YES Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: > Alcoholic and Nonalcoholic Concession and/or Beer Garden area T > Food Concession and/or Food Preparation areas Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: , Jo /� 4 GAS ELECTRIC CHARCOAL OTHER (Specify): > Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) > Tables and Chairs > Fencing, barriers and/or barricades > Generator locations and/or source of electricity > Canopies or tent locations (include tent/canopy dimensions) > Booths, exhibits, displays or enclosures > Scaffolding, bleachers, platforms, stages, grandstands or related structures > Vehicles and/or trailers > Other related event components not covered above > Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe;our plan for clean-up and removal of wpstg and garbage during and after the event: ant /Kt "int* /,, Cu c' Please describe your procedures for both Crowd Control and Internal Security: - i YES jLeAcc — 6 tuk( U(!(J.i 4-)` i Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: YES — NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: L( Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Please describe your Accessibility Plan for access at your event by individuals with disabilitiee PI vide a deta' -d d:^ cription of your ' ' RISING ni,G p 21) - _ (' f.� Please describe your plan for DISABLED PAfIKING: 36 4 Please desibe your plans to notify all residents, businesses and churches impacted by the event: ,t4 itf 4v-eA-r (0 14,41b4 [(rte. 5- 0)4_ ificL NOTE: Neighborhood resil7ents must be notified 72 hours in advance when events are scheduled in the City parks. YES _ NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. ES _ NO Number of Stages: rag Type of Music: rag L Ovtrik _ Number of BBnnds: i 1 Will sound amplification be used? If YES, please indicate: Start time: Finish Time /YES _ NO Will sound checks ------ conducted prior to the event? If YES please indicate: Start time: .:7) aminish Time Da : r Please describe the sound e ipment that will be used for your event: ( Ovv- S YES _ NO Fireworks, rockets, or other p otec41_,_ s? If YES, please describe: YES 0 Any signs, banners, decorations, special lighting? If YES, please describe: Revised 10/3/01 as 5 Event: For Office 'Use OnCy Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6 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 L� Person in Charge of Activity Address Telephone Date(s) of Use 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, 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 • the use of public property or the activity taken under the permit by the pe r itsts, employees or contractors. Si cial T Date04D-3 1--or Office Use Only Certificate of Insurance Approved Date 7 Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by anon -profit organization? Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed t Question Name of the sponsoring organization DC23 (lap, d L-4,0 Type of Organization (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? W Y(ens (Please rovide pe�x I tion and etails. Woe- it ItCs 24-4 y ,u3 -& No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: Signa No (P lease sign the form and submit it with the TUP Application) titir Date 9 City of National City, California COUNCIL AGENDA STATEMENT :EYING DATE October 21, 2003 AGENDA ITEM NO. 19 ITEM TITLE TEMPORARY USE PERMIT — SWEETWATER TOWN & COUNTRY MERCHANTS - FABULOUS 50'S n Tre PREPARED BY Kathlees, Director 421DEPARTMENT Building and Safety EXPLANATION This is a request from the Sweetwater Town & Country Merchants Association to sponsor a 1-day event in the parking lot at 1722 Sweetwater Rd. from 10:00 a.m. to 3:00 p.m. on Saturday, October 25, 2003. The free event will consist of a Halloween Contest for children ages 2-10. This will be followed by a hula -hoop contest and then clowns from 11 am until 2 pm. Live music will be provided from 1 pm until 3 pm. The event will also consist of a classic car show from 11:30 am until 3 pm and 4 to 10 crafters. The Association is also requesting permission to hang 4 banners at the entrance to the shopping center. r Environmental Review v N/A Financial Statement Approved By: The City has incurred $150.00 in costs in processing the T.U.P. application through vaati'srei`°t Departments. Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. Application for a Temporary Use Permit with recommended approvals and Conditions of Approval. A-200 t9:99) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Sweetwater Town & Country Merchants Association DATES OF ACTIVITY: Saturday, October 25,2003 LOCATION OF ACTIVITY: 1722 Sweetwater Rd Shopping Center Parking Lot TIME: 10:00 a.m. to 3:00 p.m. APPROVALS° POLICE YES [ x ] NO [ ] SEE COMMENTS[ x ] PLANNING YES [ x ] NO [ ] SEE COMMENTS[ ] FIRE YES [ x ] NO [ ] SEE COMMENTS[x ] FINANCE YES [ x ] NO [ ] SEE COMMENTS[x ] CONDITIONS OF APPROVAL: FIRE (336-4550) 1. No emergency access shall be blocked during this event. 2. No fire hydrants, FDC's or sprinkler connections are to be obstructed in any way. FINANCE (336-4330) 1. If vendors will be present on this event, a Business License is required for each participating vendor. Vendors currently licensed by the City may operate on their existing license. 2. If any of the vendors or organizations is registered not -for -profit, there will be no charge for the business license, however a Business License certificate must be obtained from the City Revenue and Recovery Division, Business License Section. 3. A list of all participating vendors (with their address, phone number and current National City business license number) is to be provided to the Revenue and Recovery Division of the Finance Department prior to the event for verification of business license numbers. 6111M1- TECSILT IA TIII/11010All 01.11111.0 AREA yO YNA SECTIONS TOiu SOI@APIA NflT SWIM TOTAL PAIIOCYACES PAASPi IWO C RShc�u� * t1- I n area 0a@ T6 R. 86.1512a n. 1.1NIIO b2117. SIJ16IAFS Ta KR= MA]IAm 2"6art.rt. g=NEn 4 l,Wa S>l3es9. rt. 2u0,4°C 1105 CAA ID TAR BN:1® 6NRRTENAIRYD0 Ole 6S161114 WSWIO 1134.07 6Na YE11.'WWM24 PRA HAM U. R. a= nfl. NIHAY AXE.7 400_Ft. 1 �I11J'•4,M ea,. �Y o,4 CC SITE PLAN STATE ROUTE 54 SWEETWATER TOWN & COUNTRY Odv Type of Event: Public Concert Parade Motion Picture Fair Demonstration Grand Opening i Event Title: \:3'.\ 005 % s— _ Festival _ Community Event ircus _ Block Party Other Vic. )() 5 Event Location: < 7e d—kk.3 .�C"'-4�' C �(1 C C± Event Date(s): From /O-- r003 Total Anticipated Attendance: Month/Day/Year 7 Actual Event Hours: ji am/pm to � . am/pm Setup/assembly/construction Date: IQ" 2f'&3 Start time: 10. Please describe the scope of your setup/assembly work (specific details): rc) C i-en (9 co Participants) pectators) I. {> 1GIB SCE_AcN RDOLlcm I B ILDIAND SAFETY Dismantle Date: Q 2 �J Completion Time: 503 amlj RE El V C E DEPT. List any street(s) requiring closure as a result of this event. Include street name(s), da$@pd2 time of closing and day and time of reopening. 2003 Sponsoring Organization: Chief Officer of Organizatio, Applicant (Name): Address: Daytime Phone: N Oe. - Lfi vening Phone: ead �1- 154-/?5 Fax. ( ) -� Contact Person "on site" day of the event: Email A-- Pager/Cellular: NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS CALIi= 9 Sb 1 Is your organization a "Tax Exempt, nonprofit" organization? Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount YES NO YES NO atejtZP Estimated Gross Receipts including ticket, pr oduct and sponsorship sales from this event. $ trf Estimated Expenses for this event. $ II 1) U 0� What is the projected amount of revenue that the Nonprofit Organization will F• rec iv- as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent formati n abo t the eve t. YES 2 O If the event in olves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 2 YES 0 Does the event involve the sale or use of alcoholic beverages? YES O Will items or services be sold at the event? If yes, please describe: YES Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. YES NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. YES NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. YES \NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: ➢ Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. Food Concession and/or Food Preparation areas Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): > Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the pplicant can show that there are facilities in the immediate area available to the public during the event) ables and Chairs 420 Fencing, barriers and/or barricades n�e �,, / pin", ,� ayr,ecl 'Generator locations and/or source of electricity '�7 f? > canopies or tent locations (include tent/canopy dimensions) > Booths, exhibits, displays or enclosures Scaffolding, bleachers, platforms, stages, grandstands or related structures 'Sale 701 > Vehicles and/or trailers ➢ father related event components not covered above Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: D-scribe your plan for clean-up and removal of waste and garbage during and after the event: AC-47)A-J6—W,12,Q y-brAlaj.1.1karti;kU20 P _ l Please describe your procedures for both Crowd Control and Internal Security: X- YESO Have tloany Professional SecuritY organi r this event? If YES,please stzation to handle security arrangements Security Organization: Security Organization Address: Security Director (Name): Phone: YES NO withill bs night event? If YES, please state how the event and e illum illuminated to ensuresurrounding area safety of the part c pants and spectators: PI : ase indif ate , hat arran•em ; t you have made for provid. g First Aid St, ing and Equipm ........._. PI- • se describe you Accessibility Plan for acce slat you eve t by indi idual with disabilit : Please provide a detailed description of your PARKING plan: Please describe your plan for DIS- BLED PARKING: 4 Please describe your plans to notify all residents,iusinesses and churches impacted by the event: .► 4 NOTE: Neighborhood residents must be Jotified 72 hours in advance when events are scheduled in the City parks. YES _ NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Bands: I Type of Music: 501 S Number of Stages: YES NO Will sound amplification be used? If YES, please indicate: Start time: 9Iii0 Gym am/pm Finish Time 3.0O am/pm YES NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: YES A NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES NO Any signs, banners, decorations, special lighting? If YES, please describe: /1 & » "Wtdt <- . pe.t_ . O eyu do' /9i2633 0 k-a. Q.- 07,[61.4t, --e}n—fkaAr1.02- / CcieziLfzlemcr. Revised 10/3/01 For Office 'Use OnCy Event: Department Approved? Yes No Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Date Initial Kathleen Trees, Director Building & Safety Department 6 O. 1 ITEM # 20 10/21/03 Mayor has requested discussion of the Neighborhood Community Breakfast Meeting on October 25, 2003. (Council initiated)