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2004 07-20 CC AGENDA PKT
Agenda Of A Regular Meeting National City City Council Council Chambers Civic Center 1243 National City Boulevard Regular Meeting - Tuesday — July 20, 2004 - 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 by Mayor Nick Inzunza 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. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at 336-4228 to request a disability -related modification or accommodation. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Council Requests That All Cell Phones And Pagers Be Turned Off During City Council Meetings COPIES OF THE CITY COUNCIL MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca.us COUNCIL AGENDA 7/20/04 PAGE 2 PRESENTATIONS Employee of the Month Program — Senior Officer Greg Seward and Officer Darren Pierson Special Recognition by the Mayor and City Council — Sgt. Randy Traviz Letter from Regional Director, Janette Littler regarding Californians Against the Deceptive Gambling Proposition SDG&E's Fair Share Proposal Protects Energy Consumers - A. Resolution of the City Council of the City of National City urging the California Public Utilities Commission to reject the Department of Water Resources' allocation settlement agreement, oppose the $1 billion dollar cost shift, and adopt a more equitable solution for California electricity customers. (Public Works/Engineering) CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters, which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 1. Approval of the minutes of the Adjourned Meeting of June 15, 2004, the Special Meeting of July 1, 2004 and the Regular Meeting of July 6, 2004. 2. Approval of a motion to waive reading of the text of all Ordinances considered at this meeting and provides that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk). 3. Resolution approving a Tentative Subdivision Map and Planned Development Permit for four single-family homes (condominium ownership) on a 20,000 square foot lot at 1945 Palm Avenue with variances for reduced backup space and garage dimensions. (Applicant: Diaz Development) (Case File No.: S-2004-1/PD-2004- 1/Z-2004-1) (Planning) 4. Resolution of the City of National City awarding a contract in the amount of $20,708.14 to C.C. Serv. Inc. for the Las Palmas Park restroom remodeling, Specification No. 04-03. (Public Works/Engineering) CONSENT CALENDAR (Cont.) 5. WARRANT REGISTER NO. 52 (Finance) Ratification of Demands in the amount of $722,163.35 COUNCIL AGENDA 7/20/04 PAGE 3 6. WARRANT REGISTER NO. 1 (Finance) Ratification of Demands in the amount of $1,402,248.55. 7. Consolidated Cash and Investment Report as of May 31, 2004. (Finance) 8. Claim for Damages: Maria Carmen Armendraiz (City Clerk) 9. Notice of Decision — Approval of a Conditional Use Permit for a martial arts school at the Plaza East Shopping Center at 3403 East Plaza Boulevard, Suite L. (Applicant: Bernie Angeles Sr.) (Case File No.: CUP-2004-13) (Planning) 10. Notice of Decision — Planning Commission approval of a Planned Development Permit for a second residential unit on a 10,500 square foot property at 1937 Lanoitan Avenue. (Applicant: Felipe Ruelas) (Case File No.: PD-2003-3) (Planning) PUBLIC HEARINGS 11. Public Hearing — Conditional Use Permit for the sale of beer and wine at Karina's Restaurant at 1705 Highland Avenue. (Applicant: Evangelina Contreras) (Case File No.: CUP-2004-7) (Planning) 12. Public Hearing — Amendments to the General Plan, Housing Element, and Title 18 (Zoning) of the Municipal Code regarding Higher Density Residential Development in Tourist, General, Medium and Heavy Commercial Zones, and related development standards. (Applicant: Bay Canyon Development Co. LLC) (Case File No.: GP-2003-6/A-2004-1) (Planning) COUNCIL AGENDA 7/20/04 PAGE 4 PUBLIC HEARINGS (Cont.) 13. Public Hearing — Tentative Subdivision Map and Conditional Use Permit for 47 condominium units on a property partially developed with a 12,000 square foot commercial building, at 101 E. 30th Street. (Applicant: Bay Canyon Development Co. LLC and CDC) (Case File No.: S-2004-3/CUP-2004-2) (Planning) 14. Public Hearing to review the Fiscal Year 2004-05 Resource Allocation Plan and consider additional public comment and testimony. (City Manager) NONCONSENT RESOLUTIONS 15. Resolution authorizing the Director of Public Works/Engineering to establish to "Two Hour Parking" zone and a red "No Parking" zone in front of 2727 Hoover Avenue. (M. McMillin, TSC 2004-25) (Public Works/Engineering) 16. Resolution approving a Conditional Use Permit for the sale of beer and wine at an existing restaurant in Sweetwater Square Shopping Center at 3007 Highland Avenue. (Applicant: Hong Ming Lo-China Super Buffet). Case File No.: CUP- 2003-28) (Planning) 17. Resolution approving a Tentative Subdivision Map and Conditional Use Permit for the conversion of 97 apartments to condominiums at 915 E. 4th Street. Applicant: Westone Management Consultants. (Case File Nos. S-2003-1/CUP-2003-8) (Planning) 18. Resolution of the City Council of the .City of National City determining that the public interest and necessity demand the acquisition, construction and modernization of certain municipal improvements and their financing through the issuance of General Obligation Bonds. (City Attorney) *Refer to Item 24 19. Discussion of National City Public Art Committee, adoption of resolution and appointment, (City Clerk) 20. Resolution ordering the submission of a proposition to the qualified voters of the City of National City at the General Municipal Election to be held on November 2, 2004, relating to an Ordinance imposing a term limit for the Office of Mayor together with a defined benefit retirement plan for the incumbent Mayor, City Treasurer and City Clerk, establishing a code of ethics for elected officials of the City, and imposing campaign contribution limits. (City Attorney) NON CONSENT RESOLUTIONS (Cont.) 21. Approval of contract provision re: purchase of Retirement Service Payment for Chief of Police Designee -- Adolfo Gonzales. (Human Resources) ORDINANCES FOR INTRODUCTION COUNCIL AGENDA 7/20/04 PAGE 5 22. An Ordinance of the City Council of the City of National City amending Chapters 8:32 of the National City Municipal Code by amending Section 8.32.015 pertaining to restrictions on keeping certain animals, birds and reptiles. (City Attorney) 23. An Ordinance of the City Council amending the NCMC by amending Title 7, Sections 7.18.070 (On -street Activities) and 7.20.140 (Outdoor Activities); Title 14, Chapter 14, Chapter 14.22 (Storm Water Management and Discharge Control); and Title 15, Chapter 15.70 (Grading). (City Attomey) 24. An Ordinance of the City Council of the City of National City ordering the submission of a proposition of incurring bonded debt for the purpose of the acquisition and construction of new public safety facilities and the moderization of existing public safety facilities to the qualified voters of the City of National City at the General Municipal Election to be held on November 2, 2004. (City Attorney) *Refer to Item 18 OLD BUSINESS 25. Consideration of taxicab licensing and regulations. (City Attorney) 26. Proposed Fiscal Year 2004-2005 Resource Allocation Plan — Clarification on City Council staffing. (City Manager Office) 27. Resolution adopting FY 2004-05 Resource Allocation Plan. (City Manager) NEW BUSINESS 28. Appointment of Captain Lalo Rodriguez to the Military, Civic and Special Event Advisory Board. (Councilman Natividad) 29. EDCO proposal for no change in current trash rates for National City residents and businesses for Fiscal Year 2005. (Public Works/Engineering) COUNCIL AGENDA 7/20/04 PAGE 6 NEW BUSINESS (Cont.) 30. Request to use the Martin Luther King, Jr. Community Center and waiver of fees by the Philippine -American Youth Organization. (Public Works/Engineering) 31. Temporary Use Permit — South Bay Volkswagen -Temporary Trailer. (August 1, 2004 through July 31, 2006) (Building & Safety) 32. Temporary Use Permit — St. Mary's Catholic Church -Annual Fall Festival/Fund Raising. (October 3, 2004 from 7:30 a.m. — 7:00 p.m.) (Building & Safety) 33. Temporary Use Permit — Filipino Americans United for Mitz Lee. (July 24, 2004 from 11:00 a.m. — 2:00 p.m.) 34. Temporary Use Permit — National City Chamber of Commerce — Taste of National City. (August 26, 2004 from 5:00 pm. — 8:00 p.m.) (Building & Safety) WRITTEN COMMUNICATIONS STAFF MAYOR AND CITY COUNCIL ADJOURNMENT Next Regular City Council Meeting — Tuesday — August 3, 2004 - 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 June 29, 2004 TO Park Morse, Assistant City Manager FROM : Alfredo J. Lopez III, Director of Human Resourc SUBJECT EMPLOYEE OF 'I liE MONTH PROGRAM The Employee of the Month Program communicates the City' s appreciation for outstanding performance. In so doing, it recognizes employees who maintain high standards of personal conduct and make significant contributions to the work environment and community. The employee's selected by the Police Department (Safety) to be recognized for the month of July 2004 are Senior Officer Greg Seward and Officer Darren Pierson (nomination attached). Senior Officer Seward and Officer Pierson have been invited to attend the Council meeting on Tuesday, July 20, 2004, to be recognized for their achievements and service. Attachment (1) xc: Department Director Senior Officer Seward/Officer Pierson Councilmember Natividad Special Asst to the Mayor AJ L:Im Performance Recognition Program (2) Recycled Paper City of National City Performance Recognition Award Nomination Form nominate SENIOR O1rICER GREG SWARD AND OFFICER DARREN P for the Performance Recognition Award for the following reasons: Pleasestate 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 to exceed 150 total words. Please be as specific as possible when giving your examples. In July 2003, patrol officers from "E" squad initiated the Highland Ave. Cruising Abatement Project. The City of National City had been trying to deal with the issue of street cruising for decades with little results to citizens and business owners. Officers Seward and Pierson headed this project and quickly rallied the support of their fellow officers. Unlike past attempts to deal with the problems surrounding cruising on Highland Ave., Officers Seward and Pierson approached the problem from a sociological perspective rather than a narrow enforcement only approach. Through a combination of research, non-traditional operations, varied enforcement efforts and future changes, issues associated with Highland Ave. cruising have' been resolved and the project goals attained. Officers Seward and Pierson are commended for their leadership and tenacity during this project. Their careful and comprehensive analysis of the issues has had a dramatic impact and is a major step in improving the quality of life and safety in National City. FORWARD COMPLETED NOMINATION TO: Nominated by: Signature: National City Performance Recognition Program Human Resources Department PAUU, JR. , ING CHIEF OF P)LICE Date: 6, �� Californians Against the ,Deceptive Gambling Proposition WHY CITIES AND COUNTIES OPPOSE THE DECEPTIVE GAMBLING PROPOSITION WHAT'S THIS MEASURE ALL ABOUT? Its primary objective is to allow eleven privately -owned card clubs and five privately -owned horseracing tracks to operate 30,000 slot machines/gaining devices at their existing facilities. Essentially, it would give these card clubs and racetrack owners a permanent, constitutional right to build large, Las Vegas style casinos in city and suburban neighborhoods throughout the state without limitation or control by local communities. The gambling promoters behind this measure, led by Hustler Casino owner Larry Flynt, will try to sell it to you by promising it will help finance local government programs. But don't be fooled, this proposition is about increasing profits for those bankrolling it. And they cynically want to hide behind your good name to help promote their cause. WHAT'S THE IMPACT ON LOCAL GOVERNMENT? Its promoters claim that their gambling proposition is all about helping foster children, police and firefighters. In return for the billions they would rake in from their new casino operations, they'd provide a percentage of the net win from their gambling machines into a state fund with restricted allocations to new child abuse, police and fire programs. (Source: Gaming Revenue Act Section 3, 19) But the measure is so deceptively written and comes with so many strings attached; it would reduce local control, require additional state mandates, and would actually hurt cash -strapped local police, sheriffs and fire departments. The initiative prohibits use of this funding to save the jobs of existing public safety personnel whose positions are threatened by existing budget deficits. It specifically allocates funding only for "additional" neighborhood sheriffs, police officers and firefighters. And the costs of providing support services to these additional public safety officers —such as the costs for uniforms, training, equipment, vehicles, and facilities —would not be covered by funding from this measure. These support costs would have to be borne as a separate and additional expense by local governments. Finally, there's absolutely no money allocated for other essential public services threatened by growing municipal budget deficits. More importantly, local governments would have no discretion to allocate funds to respond to local needs and priorities. As the Sacramento Bee recently editorialized: "While it would provide money to local governments, it would also deny those governments flexibility to spend money where it is most needed." Californians Against the Deceptive Gambling Proposition: A Coalition of Indian Gaming Tribes, major funding by United Auburn Indian Community and Pala Band of Mission Indians III Anza Blvd., Suite 406, Burlingame, CA 940I0 4. Tel: (800) 420-8202 Fax: (650) 340-1740 11300 W. Olympic Blvd., Suite 840, Los Angeles, CA 90064 IL► Tel: (3I0) 996-2676 Fax: (3I0) 996-2673 www.deceptivegamblingprop.com 6-1-04 WHO IS PROMOTING THE PROPOSITION? It probably comes as no surprise that the 16 card clubs and racetracks that stand to profit from this measure, are its primary financial backers. These backers include Hustler Magazine publisher and Hustler Casino operator Larry Flynt, a foreign billionaire who owns three of the five private racetracks, and other out -of state gambling interests. (Source: Campaign disclosure reports) OPPOSED BY THE CALIFORNIA POLICE CHIEFS ASSOCIATION AND LEADING PUBLIC SAFETY GROUPS The proposition would expand casino gambling into California urban areas on an unprecedented scale. Law enforcement experts predict this will lead to a significant increase in crime, drunk driving and other risks to public safety that will strain already -stretched law enforcement and public safety resources. That's why the California Police Chiefs Association, California State Firefighters Association and other law enforcement organizations oppose this measure. The initiative is also opposed by coalitions representing many California Indian Tribes, as well as the National Tax Limitation Committee. Major newspapers, including the Los Angeles Times, Sacramento Bee, and Oakland Tribune have opposed it. "The California Police Chiefs Association strongly opposes the casino gambling proposition... and intends to take the lead in urging all Californians to reject this threat to public safety." California Police Chiefs Association CREATES TAX LOOPHOLES FOR CARD CLUB AND RACETRACK OWNERS According to the Attorney General's official title and summary the measure exempts the 16 authorized card clubs and racetracks from new or increased state or local taxes, fees or levies imposed after September 1, 2003. The impact on local government revenues could be significant. (Sources: Official title and summary prepared by the California Attorney General, former California State Auditor Kurt Sjoberg, Gaming Revenue Act Section 3, subparagraph 19(i)(4) Prohibition on Additional Fees, Taxes and Levies.) EXEMPTS ITS PROMOTERS FROM STATE AND LOCAL LAWS The measure also exempts the 16 authorized card club and racetrack owners from compliance with many state and local laws when constructing or operating their new facilities. Specifically, they would be exempted from complying with the California Environmental Quality Act (CEQA), and local zoning laws. For example, when these private companies build their giant new casinos they would be exempt from the environmental review process that protects Local land use plans, water supplies, air quality and requires mitigation of traffic impacts. (Source: Gaming Revenue Act Section 19(i) ) SDG&E IS REQUESTING THAT COUNCIL .CONSIDER THE FOLLOWING TOPIC AND ADOPT THE ATTACHED RESOLUTION 386E Senipra E Regional rtlieiil Ener News SOUTHERN CALIFORNIA EDISON, PACIFIC GAS & ELECTRIC AND THE UTILITY REFORM NETWORK ATTEMPT TO SHIFT $1 BILLION IN DWR ENERGY COSTS TO SAN DIEGO CONSUMERS: SDG&E'S Fair Share Proposal Protects Energy Consumers SDG&E-is opposing a proposed "settlement" by Southern California Edison (SCE), Pacific Gas & Electric (PG&E) and The Utility Reform Network (TURN: a consumer watchdog group in northern California) which would shift an additional $1 billion dollars in electricity costs to San Diego consumers to pay for contracts the State entered into on behalf of all Californians during the energy crisis of 2000-2001. To protect its customers, SDG&E has asked the CPUC to oppose the cost shift and instead support its proposal where all Califomia energy consumers would pay their fair share. BACKGROUND The CPUC is considering how to permanently allocate the cost of the State's long-term energy contracts to the customers of SDG&E, SCE and PG&E for years 2004 through the remaining life of the contracts in the current DWR Revenue Requirement proceeding. The previously adopted allocation method, which the utilities are currently using, equitably allocates the costs among the customers of the three investor -owned utilities. SDG&E's FAIR SHARE PROPOSAL SDG&E has asked the CPUC to adopt a fair share proposal that avoids shifting any additional costs or placing unfair burdens on the backs of San Diego consumers. The original plan adopted two years ago by the CPUC calls for all Californians, regardless of where they live, to pay their fair share. Much like the adopted plan, SDG&E's fair share proposal allocates cost to customers based on the amount of electricity used in each utility's service territory and would result in no rate increase for San Diego consumers. How to Get Involved SDG&E's request to provide information supporting its proposal and illustrating the impacts the cost shift would have on SDG&E customers has been denied by a CPUC administrative law judge. SDG&E is appealing this decision to the Commission and asking for a hearing to ensure the CPUC understands the impact a $1 billion dollar cost shift would have on San Diego consumers' electricity rates. $1 BILLION DOLLAR COST SHIFT IMPACTS ELECTRICITY RATES The proposal by SCE, PG&E and TURN would increase costs to SDG&E customers by more than $1 billion over the next eight years. Here are some examples of the impact it would have on San Diego energy consumers: ➢ Increase system average commodity rate by 11.6% percent (0.83 cents per kWh) ➢ Increase to non-exempt residential, commercial and industrial commodity rates by 1.20 cents per kWh or more than a 15.0% increase on -average ➢ A commercial customer such as a restaurant or small grocery store would see an increase of $480 on their monthly electric bill *Based on 40.000 kWh monthly usage ➢ A San Diego area high school with a monthly demand of 280 kW and a Toad factor of 20% would face an annual electric bill increase of $5,600. Regional Public Affairs 8330 Century Park Court San Diego, CA 92123 800-411-SDGE (7343) RESOLUTION NO. 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY URGING THE CALIFORNIA PUBLIC UTILITIES COMMISSION TO REJECT THE DEPARTMENT OF WATER RESOURCES' ALLOCATION SETTLEMENT AGREEMENT, OPPOSE THE $1 BILLION DOLLAR COST SHIFT, AND ADOPT A MORE EQUITABLE SOLUTION FOR CALIFORNIA ELECTRICITY CUSTOMERS WHEREAS, the City of National City has evaluated the Department of Water Resources (DWR) allocation proposal and urges the California Public Utilities Commission (CPUC) to reject the settlement agreement, oppose the $1 billion dollar cost shift and adopt a more equitable solution for all Califomia electricity customers; and WHEREAS, the CPUC is considering how to permanently allocate the cost of the State's long-term energy contracts to the customers of San Diego Gas & Electric (SDG&E), Southem California Edison (SCE), and Pacific Gas & Electric (PG&E) for years 2004 through the remaining life of the contracts in the current DWR's Revenue Requirement proceeding; and WHEREAS, this issue has the potential to significantly impact electricity rates in the County of San Diego; and WHEREAS, SCE, PG&E and The Utility Reform Network have proposed a limited settlement agreement that would shift more than $1 billion dollars in additional costs over the next eight years to electricity customers in the San Diego region; and WHEREAS, SDG&E has requested several times and was denied the right to provide direct testimony and sponsor a witness rebutting the proposed settlement agreement and illustrating the devastating potential rate impacts of this new allocation on San Diego's customers; and WHEREAS, the original DWR allocation adopted over two years ago by the CPUC calls for all Californians, regardless of where they live, to pay their fair share; and WHEREAS, the original DWR allocation does not shift additional costs to San Diego, and WHEREAS, SDG&E has requested that the CPUC adopt a fair and equitable proposal that avoids shifting any additional costs or placing unfair burdens on the backs of San Diego electricity consumers, and WHEREAS, the City of National City supports the San Diego Region and SDG&E's efforts to ensure that a fair and equitable solution is reached by providing for a full evidentiary review of this new methodology. Resolution No. 2004 — July 20, 2004 Page Two NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City has evaluated the DWR allocation proposal and urges the CPUC to reject the settlement agreement, oppose the $1 billion dollar cost shift and adopt a more equitable solution for all Califomia electricity customers. PASSED and ADOPTED this 201h day of July, 2004. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney ITEM #1 7/20/04 Approval of the minutes of the Adjourned meeting of June 15, 2004, the Special Meeting of July 1, 2004 and the Regular Meeting of July 6, 2004. ITEM #2 7/20/04 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: 4 "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". MEETING DATE July 20, 2004 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 3 (-ITEM TITLE Resolution Approving a Tentative Subdivision Map and Planned Development Permit for Four Single -Family Homes (Condominium Ownership) on a 20,000 Square Foot Lot at 1945 Palm Avenue with Variances for Reduced Backup Space and Garage Dimensions (Applicant: Diaz Development) (Case File No.: S-2004-1/PD-2004-1/Z-2004-1) PREPARED BY DEPARTMENT EXT. Roger Post 336-4310 Planning EXPLANATION The City Council voted to approve this item at the July 6, 2004 public hearing. The attached resolution is needed to follow through on the action. 4 Environmental Review Financial Statement N/A STAFF RECOMMENDATION Adopt the attached resolution. NIA Categorical Exemption MIS Approval BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS 1 Listed Resolution A-200 (Rev.. 7/03) Approved By: Finance Director Account No. Resolution No. RESOLUTION NO. 2004 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP AND PLANNED DEVELOPMENT PERMIT FOR FOUR SINGLE-FAMILY HOMES (CONDOMINIUM OWNERSHIP) ON A 20,000 SQUARE FOOT LOT AT 1945 PALM AVENUE WITH VARIANCES FOR REDUCED BACKUP SPACE AND GARAGE DIMENSIONS APPLICANT: DIAZ DEVELOPMENT CASE FILE NOS. S-2004-1/PD-2004-1/Z-2004-1 WHEREAS, application was made for approval of a tentative subdivision map and planned development permit for four single-family homes (condominium ownership) at 1945 Palm Avenue with Variances for reduced backup space and garage dimensions on property generally described as: The westerly 280.00 feet of the southerly one third of the southerly half of the southwest quarter of the westerly half of 80 acre lot 1 of quarter section 128 Rancho de la Nacion, according to map thereof no. 166, filed in the Office of the County Recorder of San Diego County on May 1, 1869. WHEREAS, the Planning Commission of the City of National City, California, considered said applications at public hearings held on May 3, 2004 and June 7, 2004 and by Resolution recommended conditional approval of the application; and WHEREAS, the City Council of the City of National City considered said application at a public hearing held on July 6, 2004 at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File Nos. S-2004-1/PD-2004-1/Z-2004-1 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 that it hereby approves the tentative subdivision map, planned development permit and variance for four single-family homes at 1945 Palm Avenue with reduced backup space and garage dimensions based on the findings: Resolution No. 2004 — July 20, 2004 Page Two FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP The proposed map is consistent with the National City General Plan and applicable specific plans, since the proposed project will create home ownership opportunities, and since the proposed three and four bedroom homes will serve the needs of large families. 2. The site is physically suitable for the proposed type of development, since the 20,000 square foot property can contain the four single-family detached houses. 3. The site is physically suitable for the proposed density of development, since the required setbacks and off-street parking will be provided, and since patio/yard areas for each house will be provided. 4. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since the site is partially developed already, and since the portion that is not developed has been disturbed. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services will be provided. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, since no such easements are located on the site. 7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the Califomia Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 9. .The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. Resolution No. 2004 — July 20, 2004 Page Three RECOMMENDED FINDINGS FOR APPROVAL OF THE PLANNED DEVELOPMENT PERMIT 1. That the site for the proposed use is adequate in size and shape, since the 20,000 square foot lot can contain the four houses and the required setbacks and off-street parking will be provided, and since patio/yard areas for each house will be provided. 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 project will result in a relatively minor increase of 32 Average Daily Trips (ADT) that can be accommodated by Palm Avenue, a local residential street. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the required setbacks will be met, off-street parking will be provided and a screen/privacy wall will be built along the north property line. Also, as designed the elevations of the proposed buildings will be consistent with the development in the area. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it results in the creation of additional home ownership opportunities, that will appeal to families, and since it puts an underutilized lot to better use. RECOMMENDED FINDINGS FOR APPROVAL OF THE VARIANCES 1. That because of special circumstances applicable to the property, including shape, topography, 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 the shape of the property coupled with the slope of the eastem portion of the lot make development of the site considerably more difficult. Also, the location of the site adjacent to a public park and substantial open space reduces the need for on -site open space/yard area. 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 conditions of approval require standard setbacks to be maintained, while prohibiting the construction of any additional accessory structures on -site. Resolution No. 2004 — July 20, 2004 Page Four 3. That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations goveming the parcel of property, since single-family detached houses are allowed in the RS-3-PD Zone. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said tentative subdivision map, planned development permit and variance for four single-family homes at 1945 Palm Avenue is hereby approved subject to the following conditions: 1. This Tentative Map along with a Planned Development Permit and Variance authorize the construction of five single-family house available as condominiums at 1945 Palm Avenue. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A-3`d revision and B-3`d Revision, Case File no. S-2004-1/PD-2004-1/Z-2004-1, dated 6/2/2004 and 5/18/2004. 2. Plans shall be modified to be accurate; however, on the back half of the property there shall be at least a 10 foot setback from the north and west property lines, 10 feet of separation between houses, an S foot setback from the east property line and not less than 20 feet of backup space for any unit. 3. All development must take place on the project site, 1945 Palm Avenue; no encroachment into the adjacent public park is allowed. 4. A screen/privacy fence along the north property lines must be shown on all future plans, subject to review and approval by the Planning Director. 5. Appropriate safety barriers shall be placed atop all retaining walls on -site, subject to review and approval by the Planning Director. 6. No accessory structures, except those shown on the above noted plans, are permitted on the site. 7. 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. It shall be prepared by a Licensed Landscape Architect, and shall include landscaping of the retaining wall along the east property line. 8. The developer shall provide a declaration of covenants, conditions and restrictions, running with the land, clearly setting for the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common ownership of driveways, parking areas, walks, utilities and open spaces, prior to approval of the final map. Said CC&R's shall be subject to approval as to content and form by the Resolution No. 2004 — July 20, 2004 Page Five City Attorney. The CC&R's shall allow the City the authority but not the obligation to assume maintenance of the property and assess the full cost including overhead costs therefore as a lien against the property if said property is not adequately maintained per the agreement. The CC&R's shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. 9. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess all the properties which are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attorney as to form and content, which shall include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. 10. If gated, a rapid entry system for Police Department access shall be provided in compliance with Municipal Code Chapter 10.47. 11. Plans must comply with the 2001 editions of the Califomia Building Code, the California Mechanical Code, the Califomia Plumbing Code, the Califomia,Electrical Code, and Califomia Title 24 energy and handicapped regulations. 12. A grading plan shall be submitted showing all of the proposed and existing on - site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptor's, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. The checklists for preparation of the grading plan drainage plan and Standard Urban Storm Water Mitigation Plan (SUSMP) are available at the Public Works Department. 13. A soils engineering report shall be submitted for the Public Works Department's review, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall Resolution No. 2004 — July 20, 2004 Page Six design, the parking areas, and the driveways. As a minimum, the parking pavement sections shall be 2 inch A.C. over 4 inch Class II aggregate base. All soils report findings and recommendations shall be part of the Public Works Department requirements. 14. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 15. The deteriorated portions of the existing street improvements (sidewalk 10', driveway 15') along the property frontages shall be removed and replaced. 16. A permit shall be obtained from the Public Works Department for all improvement work within the public right-of-way, and any grading construction on private property. 17. 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. 18. The final parcel map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. 19. The subdivider shall submit an approval letter from Sweetwater Authority stating fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the final map approval. 20. The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 21. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 22. The final map shall be recorded prior to issuance of any building permit. 23. All new property line survey monuments shall be set on private property, unless otherwise approved. Resolution No. 2004 — July 20, 2004 Page Seven 24. A residential sprinkler system shall be provided for each house. 25. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 26. 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. 27. Before this Tentative Subdivision Map/Planned Development 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 retum the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Tentative Subdivision Map/ Planned Development 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 Tentative Subdivision Map/ Planned Development 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. 28. Approval of the tentative map expires two (2) years after adoption of the resolution of approval at 5:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code Section 17.04.070. The Planned Development Permit and Variance shall expire concurrent with the TentatiVe Map, or two -years after recordation of a final map, unless extended according to provisions of Title 18 of the National City Municipal Code. 29. The three surface parking spaces shall have a minimum of 24 feet of backup space. 30. If an easement to connect to the City sewer main in the National City Goff Course is not granted, a septic tank/pump connection to the sewer main in Palm Avenue shall be provided. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant; and, Resolution No. 2004 — July 20, 2004 Page Eight 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 Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 20th day of July, 2004. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney .EETING DATE July 20, 2004 City of National City, California COUNCIL AGENDA STATE ENT AGENDA ITEM NO. 4 ITEM TITLE Resolution of the City of National City awarding a contract in the amount of $20,708.14 to C. C. Serv. Inc. for the Las Palmas Park Restroom Re -roofing and Renovation, Specification No. 04-3 PREPARED BY Alberto Griego 336-4386 EXPLANATION DEPARTMENT Public Works/Engineering On June 30, 2004, two (2) bids were received and opened for the Las Palmas Park Restroom Re -roofing and Renovation, Specification No. 04-3. The project includes the removal and replacement of the entire roof, some added block wall and painting of the Las Palmas Park Restroom per plans. All materials not salvageable shall be disposed of in accordance to local, state and federal regulations and requirements. Staff has reviewed all the proposals and found the lowest responsive bidder, C. C. Serv. Inc., qualified to perform the work. The total cost of the project is estimated to be $32,000.00. This amount includes the construction bid price of $20,708.14 plus approximately 20% ($6,400.00) for contingencies, and approximately 15% ($4,891.86) inspection. a Environmental Review Financial Statement Approved The financing comes from a Grant awarded by the State y`� Fina of California, Department of Housing and Community Development, to the City in the amount of $39,000.00. The total cost of the project is estimated to be $32,000.00. This amount is within the estimated budget for this project. STAFF RECOMMENDATION Adopt the Resolution. BOARD 1 COMMISSION RECOMMENDATION N/A ATTACHMENTS 1. Resolution 2. Bid Opening Spreadsheet 3. Bid Opening Sheet Resolution No. e Director 04-3 A-200 (9,.99) RESOLUTION NO. 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO C.C. SERV, INC. FOR THE LAS PALMAS PARK RESTROOM REMODELING PROJECT WHEREAS, the Engineering Department did, in open session on June 30, 2004, publicly open, examine and declare all sealed bids for the Las Palmas Park Restroom Remodeling Project, Engineering Specification No. 04-3. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the Las Palmas Park Restroom Remodeling Project to the lowest responsive, responsible bidder, to wit: C.C. SERV, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract between C.C. Serv, Inc. and the City of National City for the Las Palmas Park Restroom Remodeling Project. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 20th day of July, 2004. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney June 30, 2004 Final Bid Results for: Las Palmas Park Restroom Remodeling, Specification No. 04-3 C. C. Serv. Inc. GBC Company Rank 1 2 No. Item Qnty Unit Unit Price Amount Unit Price Amount 1 Mobilization 1 LS $1,353.00 $1,353.00 $3,000.00 $3,000.00 2 Removal, Disposal and Replacement of Roof 980 SF $12.76 $12,505.14 $19.86 $19,460.00 3 Construction of Wall Extension 54 SF $60.19 $3,250.00 $100.00 $5,400.00 4 Lights 8 EA $450.00 $3,600.00 $330.00 $2,640.00 Total Bid $20,708.14 $30,500.00 Engineer's Estimate $32,000.00 $32,000.00 Percent Under/Over Estimate -35.29% -4.69% Page BID OPENING SPECIFICATION NUMBER: 04-3 PROJECT TITLE: ',AS PAI,MAS PARK RESTROOM REMODELING OPENING DATE: WEDNESDAY, JUNE 30, 2004 TIME: 3:00 P.M. ESTIMATE: $32,000.00 PROJECT ENGINEER: ALBERT GRIEGO NO. BIDDER'S NAME (PAGE 12) BID AMOUNT (PAGE 14 ) ADDENDA (PAGE 12) BID SECURITY (PAGE 16-CHECK (PAGE 17-BOND) 1. C.C. Serv. Inc. 1760 Palm Avenue, Suite D San Diego, CA 92154 $20,708.14 N/A Check 2. GBC Company 3030 Suncrest Drive, #513 San Diego, CA 92116 $30,500.00 N/A Bond 44 BID04-3 MEETING DATE July 20, 2004 City of National City, California COUNCIL AGENDA STATEMENT 5 AGENDA ITEM NO. ( ITEM TITLE WARRANT REGISTER #52 PREPARED BY R. Palazo DEPARTMENT Finance EXT. Marylou Matienzo EXPLANATION 619-336-4330 Ratification of Warrant Register #52 per Government Section Code 37208. CEnvironmental Review FinaVOrapplcab'le t N/A MIS Approv Approved By: Finance Dir;7-or Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 722,163.35. BOARD 1 COMMISSION OMMEND. TI N ATTir� . : RefgfsirglrifekAw } 2. Workers Comp Warrant Register dated 06/23/04 Resolution No. A-200 (Rev. 7/03) City of National City, California COUNCIL AGENDA STATEMENT July 20, 2004 MEETING DATE ITEM TITLE WARRANT REGISTER #1 PREPARED BY R. Palazo EXPLANATION DEPARTMENT AGENDA ITEM NO. 6 Finance EXT. Marylou Matienzo 619-336-4330 Ratification of Warrant Register #1 per Government Section Code 37208. 1 Environmental Review Financial Statement Not applicable. STAFF RECOM ENDATION N/A MIS Approval Approved Finance Director Account No. I recommend ratification of these warrants for a total of $ 1,402,248.55. ARD COM I ATTACHMENTS 1 Listed Below ) 1. Warrant Register #1 2. Workers Comp Warrant Register dated 06/30/04 3. Payroll Warrant Register dated 06/30/04 Resolution No. A-200 (Rev. 7/03) City of National City, California COUNCIL AGENDA STATEMENT EETING DATE July 20, 2004 7 AGENDA ITEM NO. ITEM TITLE Consolidated Cash and Investment Report as of May 31, 2004 PREPARED BY Alison Hunte X 4332 DEPARTMENT Finance - Marylou Matienzo X 4331 EXPLANATION For the City Council's information and in compliance with the City's Investment Policy, the Consolidated Cash and Investment Report as of May 31, 2004 is hereby submitted. This report reflects the components of the Investment Program for the period then ended. The Investment Portfolio provides for sufficient liquidity to meet the following month's estimated expenditures. Environmental Review N/A Financial Statement Not Applicable STAFF RECOMMENDATION Approved BY. Marylou Matienzo Finance Director Account No. We recommend that the report be accepted and filed. BOARD / CO fS ON REC Concur: ENI}ATIO ATTACHMENTS ( Listed Below ) 3. Financial Summary i 4. Cash and Investment Balances ,6. Investment Performance 7. Summary of Investment Policy APPENDIX(S) A. Liquidity Analysis B. Issuer Credit Rating Analysis C. Diversification Analysis D. Annual Comparison to Other Cities and Counties Resolution No. A-200 (9;99) as an nvestments F. Portfolio Details City of National City Finance Department CONSOLIDATED CASH AND INVESTMENT REPORT May 31, 2004 1 Table of Contents Financial Summary 3 Cash and Investment Balances 4 Investment Performance .5,6 Summary of Investment Policy 7 Appendix A: Liquidity Analysis for Improved Safety of Principle Appendix B: Issuer Credit Rating Analysis Appendix C: Diversification Analysis for Improved Safety of Principle Appendix D: Annual Comparison to Other Cities: June 30, 2003 Appendix E: Cash and Investments Balances by Fund Appendix F: Portfolio Details For questions concerning the contents of this report please contact: Alison C. Hunter, CPA City of National City Financial Services Officer (619) 336-4332 2 FINANC.IN ' A.RY. PURPOSE The purpose of this report is to document compliance with the objectives of the City's investment policy based on Califomia Government Code Section 53600. These objectives in order of importance include: 1.) Safety of Principle, 2.) Liquidity or availability of funds to pay immediate obligations and 3.) Return on Investment to ensure that the management of the investment portfolio is competitive and to determine whether market average eamings are being achieved. A summary of results for the month of May 2004 is shown below. Further details can be found on subsequent pages and in the Appendix. Safety The City realized no loses of investment principal upon the sale of any investment (Appendix B,C,F). Liquidity Sufficient funds were available on a same day notice to cover 6 months of expenditures as required by law (Appendix A). Return on Investment A benchmark represents expected eamings and is used to gauge performance. The City's benchmark is the 3- month U.S. Treasury Bill. The interest rate on the T-Bill as of May 31, 2004 was 1.15%. In comparison, the interest rate on the City's portfolio managed in-house was 4.28%. The table below shows annual or year-to-date eamings since fiscal year 95/96 (Appendix D, F). COMBINED HISTORY Ail Accounts Fiscal Year ANNUAL INVESTMENT Year -to -Date EARNINGS Retum on Investment CITY LAIF Money Market FY 03-04 $607,172* 4.28% 1.47% 1.04% FY 02-03 $1,129,990 4.89% 2.15% FY 01-02 $1,500,217 6.43% 3.45% FY 00-01 $2,642,503 6.22% 6.10% FY 99-00 $1,841,539 6.28% 5.71% FY 98-99 $1,345,391 Unavailable 5.34% FY 97-98 $1,478,233 Unavailable 5.68% FY 96-97 $1,256,907 Unavailable 5.60% K� FY 95-96 $1,069,923 Unavailable 5.71% 3 m� Disclosure Statement In accordance with the California Government Code 53600, the Finance Director certifies that the investments reported in the Cash and Investment Report comply with the City's investment policy and that sufficient liquidity, is available to meet the City's budgeted expenditure requirements for the six months ending November 29, 2004. Year-to-date deceased prior month because allocated accrual reversal exceed current month earnings. 3 • $60.0 $550 • $50.0 - • $45.0 $40.0 $35.0 $30.0 $25.0 $20.0 $15.0 $.0 $5.0 $0.0 CASH AND INVESTMENT BALANCES Cash and investments under the management of the Finance Director are categorized into three categories listed as follows: ❑ Unrestricted Funds — Cash and investments primarily in the general fund, which supports the general operations of the City. ❑ Restricted by External Agencies — Cash and investments legally earmarked for a specific use, as may be required by state law, bond covenants, loan or grant requirements. ❑ Designated Internally for Special Projects — Cash and investments in funds that have been reclassified internally for special projects. The value of all cash and investments by category as of May 31, 2004 are summarized as follows: Cash and Investments Amount Allocation Unrestricted 4,888,221 9% Restricted 29,432,509 55% Designated Internally 19,243,288 36% otal $53,564,019 100% Point: As the percentage of restricted revenues increases, the City 1pses its ability to respond to changing conditions and to citizens' needs and demands. Increases in restricted revenues may also indicate over -dependence on external revenues. Since withdrawing from the San Diego County Investment Pool in fiscal year 95/96 the Citys Investment Portfolio has steadily increased as shown in the following graph. INVESTMENT PORTFOLIO HISTORY Dollar Amount of Assets (Fiscal Year) 546.E .7 $35.1 $29.2 5302 537 1 $22.6 524.8 $53.6 FY95- FY96- FY97- FY98- FY99- FY00- FY01- FY02- FY03- 96 97 98 99 00 01 02 03 04 INVESTMENT PERFORMANCE A graph of the City's in-house managed investment portfolio vs. 3-month Treasury Bill (not including LAIF and Money Market Account) is exhibited below: The City's portfolio exceeds its benchmark by a generous spread. The curve would be higher if LAIF and Money Market earnings were included. The steep spike in October 2003 was due to an increase in eamings from the sale of investments (capital gains). INTERNAL INVESTMENT PORTFOLIO Monthly Portfolio Interest Earned July 2003 thru May 2004 8.0% 7.0% - 6.0% - 5.0% - 4.0% 3.0% 2,0% 1.0% 0.0% o o 0 m m .0 .0 E 0 a O m co — 3-month T-Bill: WSJ November 03 December 03 v v '' v 0 0 0 Co L O. 2 N < 0 a 2 co u- 0 0 CO Point: The 3-month Treasury Bill may not be the most appropriate benchmark for this portfdlio. The 3-month T-bill is a very short-term instrument and the average investment in the City's portfolio is held for two -years (maturity). It is to be expected that a portfolio with longer -term investments will have a greater rate of retum then shorter -term investments. A benchmark should closely resemble the composition of the portfolio is compared too. The table below summarizes monthly earnings from the beginning of the current year. INTERNAL PORTFOLIO MONTHLY EARNINGS Month Monthly Earnings Monthly Rate Year -To Date Year -To Rate July 03 42,857 August 03 44,875 September 03 45,715 October 03 90,973 November 03 48,795 December 03 49,967 January 04 66,742 February 04 66,888 March 04 43,536 April 04 40,288 May 04 39,646 3.93% 3.99% 3.92% 7.13% 3.75% 3.69% 5.10% 5.51 % 3.43% 3.40% 3.18% $42.857 $87,732 $133,447 $224,420 $273,214 $323. 18I $389,923 $456,811 $500,347 $540,635 $580,282 3.93% 3.96% 3.94% 4.82% 4.58% 4.42% 4.52% 4.64% 4.50% 4.39% 4.28% note: adjustments for premiums, discounts and capital gains included in earnings. 5 maid or INVESTMENT PERFORMANCE Since the maturity of the 3-month T-Bill (Le three months) does not closely reflect the maturity composition of the City's in-house portfolio ( two years), I have provided additional Treasury bills/notes with longer maturities for a more meaningful comparison of performance (benchmark) in the chart below. U.S. TREASURIES Historical Interest Rate Review — 12/31/03 (Yields at calendar year end for each maturity date) 3 Month 6 Month 2 Year 5 Year 2003 2002 2001 2000 1999 1998 1.19 1.72 5.9 5.32 4.48 1.20 1.79 5.63 5.72 4.52 1.74 3.02 4.86 6.21 4.54 2.73 4.30 4.75 6.28 4.54 Note: This table will be updated in next month's report. 6 SUMMARY OF INVESTMENT POLICY Function and Duties of the Investment Officer The Finance Director is the Chief Investment Officer of the City. Unlike some municipalities that contract out the investment management function, the City Finance Director manages the investment portfolio in-house. The result is a considerable savings to the City. National City Investment Policy The Citys adopted investment policy must conform to State law The City Council periodically reviews and approves the Investment Policy based upon recommendations of the City Finance Director. The policy focuses on risk management by providing specific types of authorized investment securities and diversification requirements for investments; and establishing performance benchmarks and reporting requirements. Allowable Investment Instruments Per State Government Code (as of January 1, 2003) * Local Agency Bonds U.S. Treasury Obligations State of Califomia Obligations CA Local Agency Obligations ■ U.S. Agencies Bankers' Acceptances Commercial Paper • Negotiable Certificates of Deposit ■ Monthly Certificates of Deposit Repurchase Agreements Reverse Repurchase Agreements Securities Lending Agreements Medium -Term Notes Mutual Funds • Money Market Mutual Funds Collaterized Bank Deposits Mortgage Pass -Through Securities County Pooled Investment Funds • Local Agency Investment Fund (LAIF) ■ Where the City is Invested. Source: Understanding Public Investment: CDIAC 7 APPENDIX LIQUIDITY ANALYSIS Liquidity To ensure that liquidity is maintained investments in the City's portfolio are spread over a variety of maturity limits with an average days remaining to maturity of two years. Per City Policy the weighted average maturity of the City's portfolio should not exceed two years, and the following percentages of the portfolio should be invested based on the following maturity sectors: Maturity Range Suaoested Percent One day to 180 days 10 to 50% two years to three years 0 to 20% 181 days to 360 days 10 to 30% three years to five years 0 to 20% one year to two years 10 to 20% over five years Council Approval Required The following chart shows the percentage of investments in each sector based on the remaining days before the investment matures. Percentage of Total PortFolio 35% - 30% 25% 20% 15% 10% 5% 0% 24% MATURITY DISTRIBUTION By Days to Maturity 32% 26% 11% 3% 4% ■ , 1-180 - 360 1-2 2-3 3-5 over 5 Point: Maturity distribution should be based on projected cash flow needs i.e., the percent of investments at any level of maturity such as one year or two year certificates of deposits should be timed to mature when cash is needed to pay obligations. (Future Reports will include a cash flow statement here) 9 Appendix A: LIQUIDITY ISSUER CREDIT RATINGS Credit Ratings "Credit ratings provide an important tool to measure credit risk by characterizing an issuer's ability to make future payments of the interest and principal owed on outstanding debt obligations in a timely manner" 1. Issuer credit ratings published by IDC Financial Publishing, Inc were obtained for the City's portfolio (non-federal securities). Ratings range from 1 (the lowest) to 300 (the highest) and fall into one of the following six groups. RANK Superior (200-300) Description Banks with this rating are the best by all measures. They have favorable capital ratios and consistently high returns on investment. Quantity n Ctty Po,r'isoho 54 Excellent (165-199) These are strong institutions. Their ratios reflect quality management both from a balance sheet and income performance standpoint. 20 Average (125-164) Banks rated Average meet industry capital standards. When compared to excellent and superior rated banks, most exhibit lower quality loans and narrower profit margins. 17 Below Average (75-124) Banks rated Below Average represent institutions under strain. Average loan delinquency is high. In some banks, liquidity rations demonstrated risk. They are also deemed "Adequately Capitalized" per FDIC capital definitions. 13 Lowest Ratios (2-74) Less than minimum capital. Liquidity ratios demonstrated risk. A high number of failed banks were rated Lowest Ratios prior to failure. Also deemed "Under Capitalized". 1 4 Rank of One t0 Highest probability of failure. Without out major balance sheet improvement these banks will fail. Deemed "Critically Under Capitalized" per FDIC capital definitions. All 46 Federal securities are "triple A" (AAA) rated by S&P. The IDC ratio for each individual investment in the City's portfolio is included on the Report of Investment Details in Appendix E under the column heading, "S&P". 1. Source: Understanding Pubic Investment Repor1ng CDAIF Appendix B: RATINGS 10 INVESTMENT DIVERSITY Investment Type The risk of loss on investments is reduced when investments are diversified; by avoiding overconcentration in securities from a specific issuer, business sector (excluding U.S. Treasury securities) or single Gass of securities (such as commercial paper or bankers acceptances). The following table shows the City's level of diversification as of May 31, 2004: Investment Type Amount Allocation Cash and Equivalents Certificates of Deposits U.S. Government Agencies Managed Pooled Accounts Money Markets Total 390,628 1% 10,338,585 19% 4,508,456 8% 32,267,077 60% 6,059,272 11% $53,564,018 100% The City's Money Market Fund represents restricted proceeds received from the Department of Housing and Urban Development (HUD) for the construction of the New Fire Station. The cash and equivalents represent funds in non -interest bearing accounts net of outstanding checks. The Finance Department maintains the minimum amount of cash in bank accounts to meet daily needs. D Money Markets p Mataged Pooled Accounts m Cash and Equivalents • Certificates of Deposits • U.S. Govenmert Agencies Diversification by Issuers The in-house investment portfolio by institution is also diversified by Issuer ,with the majority of firms having Tess then a 1.0 % investment holding Issuers Number of issuers Broker Firms 3 Banks and Credit Unions 106 Federal Agencies 2 State Agencies 1 Total 112 11 Appendix C: DIVERSITY Annual Comparison to Other Cities and Counties Fiscal Year Ending June 30, 2003 The information in this appendix was obtained from the Califomia Debt and Investment Advisory Commission (CDIAC) and represents a sample of 56 cities out of 392 who reported financial information to CDIAC for the year ending June 30, 2003. National City's portfolio is in the $23M to $64M range and is invested in 5 different types of investments. In comparison to other cities as shown in the table below National City is more diversified. Number of Different Investment Types in City Portfolios by Portfolio Size (Quarter ending June 30, 2003) Types of investments Under $8M $8M to $23M $23M to $64M Over $64 1 to 3 4 to 6 7 or more 14 0 0 9 5 0 12 2 0 5 8 1 In comparison to counties with portfolios similar in size National City's year-to-date yield 4.28% is on the high - end as shown in the table below. The average days to maturity of 739 is also on the high -end. Investments with longer maturities gamer an increased yield. Yields and Days to Maturity Comparisons Counties (Quarter ending June 30, 2003) Size Under $76M Number of Reportees in Each Size Category 14 Yield (%) Average Low High 2.5 1.8 3.7 Days To Maturity Average Low High 304 1 672 12 Appendix D: COMPARISONS FUND CITY OF NATIONAL CITY CONSOLIDATED CASH REPORT ALL FUNDS May 31, 2004 FUND TITLE 001 GENERAL FUND 103 GENERAL CAPITAL OUTLAY FUND 108 LIBRARY CAPITAL OUTLAY 109 GAS TAXES FUND 110 EMERGENCY PREPAREDNESS FUND 113 CULTURAL ARTS FUND 115 PARK & REC CAPITAL OUTLAY FUND 120 PLAN CHECKING REVOLVING FUND 123 GRANT -FAMILIES FOR LITERACY 125 SEWER SERVICE FUND 126 FIRE DEPT ACTIVITIES FUND 130 EMT-D REVOLVING FUND 131 ASSET FORFEITURE FUND 136 TINY TOT CLASSES FUND 145 JUVENILE EDUCATION FUND 154 STATE PUBUC LIBRARY FUND 157 GRANT-SUPPL LAW ENF. (SLESF) 158 SWIMMING POOL REVOLVING FUND 159 GENERAL PLAN UPDATE RESERVE 171 LIBRARY SCHOOL DISTRICT CNTRCT 172 TRASH RATE STABILIZATION FUND 173 NATIONAL SCHOOL DIST CONTRACT 174 SWEETWATER SCHOOL DIST CONTRAC 175 PETROLEUM VIOLATORS ESCROW 176 POLICE REIMBURSED OVERTIME 179 NPT BUS DONATIONS FUND 189 CIVIC CENTER REFURBISHING 190 30TH STREET CLEANUP FUND -1303 191 STOP PROJECT 195 LANDSCAPE RESERVE 196 CAPITAL PROJECT RESERVE 197 PRODUCTMIY IMPROVEMENT RESER 198 PROPERTY EVIDENCE SEIZURE 200 30TH STREET CLEANUP FUND -1304 203 PARK SECURITY/GTE LEASE 208 SUPP.LAW ENFORCEMENT SVCS FUND (SLESF) 211 SECURITY AND ALARM REGULATION FUND 220 LOCAL LAW ENF. BLOCK GRANT FY2000-2001 222 WOW MOBILE GRANT FY 2000-2001 229 CLEEP GRANT 233 LOCAL LAW ENF. BLOCK GRANT FY2001-2002 234 EMPLOYEE COMPUTER PURCHASE FUND 239 LOCAL LAW ENF BLOCK GRANT FY2002-2003 242 N. CITY LIBRARY MATCHING FUND 247 LITERACY SERVICES I 250 NEW FIRE STATION CONSTRUCTION 251 CLLS AMERICORPS LSTA GRANT I 253 RECREATIONAL ACTIVITIES FUND 255 LOCAL LAW ENF BLOCK GRANT FY2003-2004 259 LIBRARY BONDS DEBT SERVICE FUND 270 NUISANCE ABATEMENT FUND 303 CAPITAL FACILITIES FUND 304 PARK DEVELOPMENT FUND 307 PROPOSITION A" FUND 308 GRANT -HIGHWAY BRIDGE REHAB 312 STP LOCAUTRANSNET HIGHWAY 313 GRANT-CMAQ (3 STATE -LOCAL PARTNERSHIP 345 TRAFFIC CONGESTION RELIEF 14 ENDING 4,852,248.35 1,032,627.49 357,693.52 1,391,275.81 48,000.00 93,312.00 204,259.46 114,817.52 475.52 8,686,115.49 248.11 235,937.75 519,602.35 10,299.42 3,706.09 94,961.62 29,250.81 35,513.98 332,207.58 44,141.05 359,548.43 2,288.34 53,353.40 5,510.00 60,322.85 614.65 3,306,676.24 258,547.76 1,887.63 899,715.61 643,906.07 75,000.00 12,736.95 619,391.79 28,000.00 26,246.44 107,190.08 17,052.63 9,976.38 4,532.09 15,918.96 6,529.75 3,006.04 5,062,458.04 28,103.16 6,064,307.27 74,224.96 3,265.91 66,972.35 5,080.75 14,812.68 674,879.39 166,083.03 3,194,711.38 591,477.40 308,963.62 1,929.33 99,763.90 292,531.54 Appendix E: FUNDS (cont..) 348 STATE GRANT 694,426.21 363 SECURITY & FIRE ALARM REGULATION FUND 35,972.50 552 TDA 1,120,721.98 626 FACILITIES MAINT FUND 792,259.45 627 LIABILITY INS. FUND 5,573,706.58 629 INFORMATION SYSTEMS MAINTENANC 150,958.91 630 OFFICE EQUIPMENT DEPRECIATION 2,353,134.24 631 TELECOMMUNICATIONS REVOLVING 475,205.22 632 GENERAL ACCOUNTING SERVICES 240,792.11 633 UNEMPLOYMENT INSURANCE RESERVE 157,215.08 644 EQUIPMENT REPLACEMENT RESERVE 520,000.00 721 LIBRARY TRUST FUND 46,819.32 725 PLANNING 1,345.00 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 142,251.15 727 BUILDING AND SAFETY T & A DEPOSITS 5,000.00 TOTAL ALL FUNDS 53,564,018A7 15 Appendix E: FUNDS PORTFOLIO DETAILS The attached report contains the details of the City's in-house investment program. Additional information conceming the performance of the City's portfolio may be derived from this report. For example, interested parties may assess unrealized gains and losses or the difference between was paid for an investment and the current market value. Appendix F: DETAILS 16 CUSIP Investment # Federal Agency Securities 3133X52E7 3133X4GJ4 3133X5FE3 3133X52E7C 3133X5L48C 3133X5NZ7C 3133X5VR6C 3133X68G0C 3133X6DB9C 3133X6MF0 3133X6NQ5 3133X6NP7 3133X6DYD2C 3133X6NP7 3136F5PZ8 10942 10944 10945 10947 10948 10949 10950 10951 10952 10955 10961 10964 10965 10966 10954 Pass Through Securities 3133TGSG5 31384TKP5060 31376PGY5 Run Date: 06/292009 - 11:29 Issuer Average Balance City of National City Portfolio Management Portfolio Details - Investments May 31, 2004 Purchase Date Par Value Market Value Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Horne Loan Bank Federal Home Loan Bank Federal Horne Loan Bank Federal Home Loan Bank Federal Natl. Mortgage Assoc. Subtotal and Average 4,309,686.90 10837 Federal Home Loan Mrtgage Corp 10103 Federal Natl. Mortgage Assoc. 10126 Federal Natl. Mortgage Assoc. Subtotal and Average 11,945.21 Total Investments and Average 14,689,410.26 Page 6 Stated • YTM/C Days to Maturity Book Value Rate Moody's 365 Maturity Date 03/30/2004 100,000.00 97,344.00 99,937.50 03/17/2004 100,000.00 100,063.00 100,000.00 03/30/2004 100,000.00 98,469.00 100,000.00 03/30/2004 100,000.00 97,344.00 100,000.00 04/21/2004 100,000.00 96,500.00 99,582.50 04/22/2004 100,000.00 96,875.00 100,000.00 04/28/2004 100,000.00 98,438.00 100,000.00 04/29/2004 100,000.00 98,250.00 99,968.75 04/30/2004 100,000.00 98,813.00 99,800.00 04/30/2004 100,000.00 100,063.00 100,000.00 05/12/2004 100,000.00 98,658.00 99,906.25 05/12/2004 100,000.00 99,594.00 100,000.00 05/26/2004 100,000.00 99,031.00 99,937.50 05/12/2004 100,000.00 • 99,594.00 100,000.00 04/29/2004 100,000.00 99,281.00 - 100,000.00 4,500,000.00 4,450,385.00 4,496,700.00 11/30/1998 0.00 0.00 02/18/1998 0.00 0.00 12/01/1998 11,280.10 11,892.61 2.250 2.500 2.000 2.250 2.250 3.000 2.150 3.000 3.250 2.250 3.000 3.250 3.500 3.250 2.375 0.00 6.000 0.00 8.250 11,756.12 8.500 11,280.10 11,892.61 11,756.12 14,981,280,10 2.263 2.500 2.000 2.250 2.343 3.000 2.150 3.007 3.294 2.250 3.020 3.250 3.514 3.250 2.375 1,763 03/30/2009 1,203 09/17/2007 1,763 03/30/2009 1,763 03/30/2009 1,785 04/21/2009 1,786 04/22/2009 1,792 04/28/2009 1,793 1,794 881 1,806 1,808 1,820 1,806 1,428 2.657 1,629 04/29/2009 04/30/2009 10/30/2006 05/12/2009 05/12/2009 05/26/2009 05/12/2009 04/29/2008 6.000 0 01/15/2013 7.307 0 11/01/2004 7.711 2,586 07/01/2011 7.711 2,586 14,944,963.90 14,847,040.73 3.353 739 Portfolio CNC CC PM (PRF_PM21 SymRept V5.02f City of National City Portfolio Management Portfolio Details - Investments May 31, 2004 Average Purchase CUSIP Investment # Issuer Balance Date Par Value Page 5 Stated YTM/C Days to Maturity Market Value Book Value Rate Moody's 365 Maturity Date Negotiable/Transferable CDs 458657EV1 10688 Intercredit Bank 04/30/2002 95,000.00 97,929.80 95,000.00 4.900 4.900 1,063 04/30/2007 10329 Bank of Mount Vernon 02/26/1999 100,000.00 100,000.00 69,971.36 5.600 14.552 470 09/14/2005 90331V9X2 10353 U S Bank.NA 02/04/2000 100,000.00 100,000.00 74,008.71 7.020 16.505 247 02/03/2005 Subtotal and Average 665,971.71 791,000.00 793,265.70 659,584.61 10.257 345 Federal Agency Securities 3128X1D07C 10842 Federal Home Loan Bank 05/28/2003 100,000.00 99,288.00 100,000.00 3.000 2.940 1,457 05/28/2008 31339XTQ7C 10849 Federal Home Loan Bank 06/30/2003 100,000.00 98,031.00 100,000.00 2.000 2.000 1,490 06/30/2008 31339Y6G2C 10856 Federal Home Loan Bank 07/17/2003 100,000.00 98,250.00 99,937.50 2.000 2.013 1,507 07/17/2008 31339YFN7C 10857 Federal Home Loan Bank 07/24/2003 100,000.00 98,406.00 99,750.00 2.000 2.053 1,514 07/24/2008 31339YPB2C 10858 Federal Home Loan Bank 07/30/2003 100,000.00 99,500.00 100,000.00 2.500 2.500 1,520 07/30/2008 31339XQN7 10863 . Federal Home Loan Bank 07/02/2003 '100,000.00 97,531.00 100,000.00 2.000 2.000 1,492 07/02/2008 31339XQN7 10867 Federal Home Loan Bank 07/02/2003 100,000.00 97,531.00 100,000.00 2.000 2.000 1,492 07/02/2008 31339Y6G2 10868 Federal Home Loan Bank 07/17/2003 100,000.00 98,250.00 100,000.00 - 2.000 2.000 1,507 07/17/2008 31339YYD8C 10872 Federal Home Loan Bank 08/13/2003 100,000.00 99,188.00 100,000.00 3.000 3.000 1,534 08/13/2008 31339YVS8C 10873 Federal Home Loan Bank 08/14/2003 100,000.00 98,469.00 100,000.00 2.500 2.500 1,535 08/14/2008 3133X0AE9C 10874 Federal Home Loan Bank 08/20/2003 100,000.00 100,031.00 99,937.50 2.500 2.513 1,541 08/20/2008 3133X00E6 10875 Federal Home Loan Bank 08/26/2003 100,000.00 99,406.00 100,000.00 3.000 3.000 1.,547 08/26/2008 3133X0AE9 10879 Federal Home Loan Bank 08/20/2003 100,000.00 100,031.00 100,000.00 2.500 2.500 1,541 08/20/2008 ..._,. 31339YYD8 10882 Federal Home Loan Bank - 08/13/2003 100,000.00 99,188.00 100,000.00 3.000 3.000 1,534 08/13/2008 3133X07B9 10883 Federal Home Loan Bank 08/20/2003 100,000.00 100,031.00 - 100,000.00 3.000 3.000 1,541 08/20/2008 3133X1LS4C 10898 Federal Home Loan Bank 10/30/2003 - 100,000.00 99,563.00 99,900.00 3.000 3.022 1,612 10/30/2008 3133X1L39C 10899 Federal Home Loan Bank 10/30/2003 100,000.00 - 99,281.00 99,375.00 2.750 2.885 1,612 10/30/2008 3133X1 U54C 10911 Federal Home Loan Bank- 11/14/2003 100,000.00 . 99,906.00 99,812.50 3.000 3.041 1,627 11/14/2008 3133X24X0C 10913 Federal Home Loan Bank 11/28/2003 100,000.00 99,844.00 99,562.50 3.000 3.095 1,841 11/28/2008 3133X23C7 10920 Federal Home Loan Bank 11/26/2003 100,000.00 99,909.00 100,000.00 3.250 - 3.250 1,639 11/26/2008 3133X2JS5C 10921 Federal Home Loan Bank 12/16/2003 100,000.00 99,281.00 99,812.50 3.000 3.041 1,659 12/16/2008 3133X3C84C 10922 Federal Home Loan Bank 01/30/2004 100,000.00 99,844.00 99,937.50 3.125 3.139 1,704 01/30/2009 3133X3UX9 10930 Federal Home Loan Bank 02/13/2004 100,000.00• 100,031.00 100,000.00 2.500 2.500 1,718 02/13/2009 3133X3RF2 10931 Federal Home Loan Bank 02/26/2004 100,000.00 98,313.00 100,000.00 3.000 3.000 1,912 08/26/2009 3133X3MG5C 10932 Federal Home Loan Bank 02/20/2004 100,000.00 99,313.00 99,937.50 2.250 2.263 1,725 02/20/2009 3133X46R7C 10934 Federal Home Loan Bank 02/27/2004 100,000.00 99,125.00 99,750.00 2.500 2.554 1,732 02/27/2009 3133X3WC3C 10935 Federal Home Loan Bank 02/27/2004 100,000.00 99,125.00 99,937.50 3.000 3.014 1,732 02/27/2009 3133X30S5 10938 Federal Home Loan Bank 02/23/2004 100,000.00 98,844.00 100,000.00 2.250 2.250 1.728 02/23/2009 3133X4P21C 10940 Federal Home Loan Bank 03/25/2004 100,000.00 98,031,00 99,937.50 3.000 3.014 1,758 03/25/2009 3133X5FE3C 10941 Federal Home Loan Bank 03/30/2004 100,000.00 98,469.00 100,000.00 2.000 2.000 1,763 03/30/2009 Run Date: 06/29/2004 - 11:79 Portfolio CNC CC PM (PRF_PM2' 'Rept V5.02f Certificates of Deposit - Monthly 74407ML60 10598 10776 Plains Capital Bank 07/11/2001 95,000.00 95,344.85 95,000.00 5.200 5.200 41 07/12/2004 PNB Financial Bank 09/24/2002 99,000.00 99,000.00 99,000.00 3.250 10917 Premier Bank of Wilmette 3.250 115 09/24/2004 11/25/2003 99,000.00 99,000.00 99,000.00 2.550 2.550 542 11/25/2005 10596 10774 Providian Bank 07/10/2001 99,000.00 99,000.00 99,000,00 5.480 5.480 38 07/09/2004 10751 Peoples State Bank 09/12/2002 99;000.00 99,000.00 99,000.00 3.450 3.450 104 09/13/2004 10939 Security Bank 07/15/2002 99,000.00 99,000.00 99,000.00 3.980 3.980 44 07/15/2004 10878 Southern Bank 02/04/2004 99,000.00 99,000.00 99,000,00 2.750 2.750 613 02/04/2006 10968 Southern National Bank -Texas 08/29/2003 99,000.00 99,000.00 99,000.00 2.750 2.750 450 08/25/2005 10943 Sovereign Bank 05/10/2004 100,000.00 100,000.00 100,000.00 2.930 2.930 708 05/10/2006 10775 State Farm Financial Svcs, FSB 03/08/2004- 100,000.00 100,000.00 100,000.00 2.810 2.810 643 03/06/2006 10946 SouthTrust Bank 09/19/2002 99,000.00 99,000.00 99,000,00 3.390 3.390 140 10/19/2004 Sterling Bank & Trust, FSB - 01/25/2004 99,000.00 99,000.00 10811 99,000.00 2.230 2.230 602 01/24/2006 Stockmans Bank 02/13/2003 99,000.00 99,000.00 99,000.00 2.800 2.800 257 02/13/2005 10890 Texas State Bank 09/26/2003 99,000.00 99,000.00 99,000.00 2.620 2,620 451 08/26/2005 10914 Total Bank 11/26/2003 99,000.00 99,000.00 99,000,00 2.450 2.450 457 09/01/2005 10717 Traditional Bank 10808 05/18/2002 99,000.00 99,000.00 99,000.00 4.250 4.250 45 07/16/2004 10918 Treasury Bank 01/28/2003 99,000.00 99,000.00 99,000.00 3.050 3.050 241 01/28/2005 10853 Trinity Bank 11/25/2003 99,000.00 99,000.00 99,000.00 2.650 2.650 542 11/25/2005 Union Credit Bank 06/18/2003 99,000.00 99,000.00 10752 99,000.00 2.300 2.300 384 06/20/2005 Union National Bank of Elgin, 07/18/2002 99,000.00 99,000.00 99,000.00 3.940 3.940 47 07/18/2004 10601 10926 Union Bank 07/16/2001 99,000.00 99,000,00 99,000.00 5.200 5.200 45 07/16/2004 10862 Washington State Bank 01/27/2004 99,000,00 99,000.00 99,000.00 2.850 2.850 805 01/27/2006 10578 Washington Savings Bank, FSB 07/31/2003 99,000.00 - 99,000.00 99,000.00 2,250 2.250 424 07/30/2005 World's Foremost Bank - 06/29/2001 100,000.00 100,000.00 10809 Webster Five Cents Savings Bk. 01/30/2003 99,000.00 - 99,000.00 100,000.00 5.300 5.300 28 01 /30/2005 10836 99,000.00 2.920 2.920 243 01/30/2005 West Pointe Bank 04/10/2003 99,000.00 99,000.00 99,000.00 2.350 2.350 314 04/11/2005 Subtotal and Average 9,643,580.65 - 9,679,000.00 9,689,420.59 9,679,000.00 3.200 350 Certificates of Deposit - Maturity City of National City Portfolio Management Portfolio Details - Investments May 31, 2004 Page 4 CUSIP Average Purchase Stated YTM/C Days to Maturit Investment # Issuer Balance Date Par Value e Market Value Book Value Rate Moody's 365 Maturity Date Subtotal and Average 58,225.81 Negotiable/Transferable CDs 0279999X1 10358 American National B & TC 02/18/2000 - , 100,000.00 100,000.00 74,790.18 6.760 0649999X5 10346 Bank One, Colorado 01/25/2000 100,000.00 100,000.00 74,790.18 6.760 20348PAFO 10727 Community Bank of Boone 06/28/2002 97,000.00 - 97,038.80 97,000.00 3.600 10262 Great South Texas Bank 09/15/1999 100,000,00 100,000.00 75,811.23 6.550 10870 Investors Community Bank 07/29/2003 99,000.00 - 98,297.10 98,212.95 1.550 Run Date: 06/29/2004 • 11:29 15.799 255 02/11/2005 15.798 226 01/13/2005 3.599 10 06/11/2004 15.190 57 07/28/2004 2.000 349 05/16/2005 Portfolio CNC CC PM (PRF_PM2) SymRept V5.021 City of National City Portfolio Management Portfolio Details - Investments May 31, 2004 Page 3 Average Purchase . Stated YTMIC Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate Moody's 365 Maturity Date Certificates of Deposit - Monthly 32112FAD6 "99580 633360Aa 1 Run Dale: 06/29/2004 - 11:29 10753 First National Bank Northeast 07/29/2002 99,000.00 99,000.00 99,000.00 3.840 3.840 58 07/29/2004 10701 FNB of Rockies 05/15/2002 95,000.00 97,817.70 95,000.00 4.850 4.850 1,078 05/15/2007 10888 Forreston State Bank 09/03/2003 99,000.00 . 99,000.00 99,000.00 2.500 2.500 462 09/06/2005 10829 First State Bank of Conway 03/24/2003 99,000.00 99,000.00 99,000.00 2.550 2.550 296 03/24/2005 10600 First State Bank of Okabena - 07/13/2001 99,009.00 99,000.00 99,000.00 5.250 5.250 42 07/13/2004 10747 Garden City State Bank 07/01/2002 99,000.00 99,000.00 99,000.00 4.050 4.050 30 07/01/2004 10969 Greatbank Algonquin - 05/10/2004 99,000.00 99,000.00 99,000.00 2.900 2.900 708 05/10/2006 10924 Guernsey Bank 01/23/2004 99,000.00 99,000.00 99,000.00 2.650 2,850 601 01/23/2006 10737 Heritage Bank of Ashland 08/24/2002 99,000.00 99,000.00 . 99,000.00 4.000 4.000 23 06/24/2004 10936 Heritage Community Bank 02/05/2004 99,000.00 99,000.00 99,000.00 2.750 2.750 614 02/05/2006 10605 Home Federal Bank of Hollywood 07/24/2001 99,000.00 99,000.00 99,000.00 5.150 . 5.150 52 07/23/2004 10880 Home Bank of Arkansas 00/13/2003 99,000.00 99,000.00 99,000.00 2.450 2.450 440 08/15/2005 10908 Horizon Bank 10/31/2003 99,000.00 99,000.00 99,000.00 2.600 2.600 517 10/31/2005 10846 International Bank of Chicago 05/14/2003 99,000.00 99,000.00 99,000.00 2.550 2.550 349 05/16/2005 10953 Islands Community Bank, N.A. 04/30/2004 99,000.00 99,000.00 99,000.00 2.760 2.760 699 05/01/2006 10927 Jacksonville Bank 01/07/2004 * 99,000.00 99,000.00 99,000.00 2.860 2.860. 585 01/07/2006 10904 Lake Country State Bank 10/02/2003 99,000.00 99,000.00 99,000.00 2.550 2.550 489 10/03/2005 10597 Legacy Bank of Harrisburg 07/12/2001 99,000.00 99,000.00 99,000.00 5.500 5.500 41 07/12/2004 10810 Lone Star National Bank 02/11/2003 99,000.00 99,000.00 99,000.00 2.800 2.800 255 02/11/2005 10813 Lowcounlry National Bank 02/27/2003 99,000.00 99,000.00 99,000.00 2.750 2.750 272 02/28/2005 10851 MBNAAmerica 06/05/2003 99,000.00 99,000.00 99,000.00 2.430- 2.430 369 06/05/2005 10736 Mercantile T&SB 06/04/2002 99,000.00 99,000.00 99,000.00 4.250 4.250 98 09/07/2004 10884 Mutual Bank 07/03/2003 99,000.00 99,000.00 99,000.00 2.000 2.000 399 07/05/2005 10756 National Bank of Commerce 08/08/2002 95,000.00 . 95,208.05 95,000.00 2.800 2.800 69 08/09/2004 10859 NCB Savings Bank FSB 07/17/2003 99,000.00 99,000.00 99,000.00 2.100 2.100 412 07/18/2005 10837 Northeast Bank FSB 04/24/2003 99,000.00 99,000.00 99,000.00 2.350 2.350 328 04/25/2005 10928 Network Bank 01/21/2004 99,000.00 99,000.00 99,000.00 2.700 2.700 598 01/20/2006 10906 - Oceanside Bank 10/20/2003 99,000.00 99,000.00 99,000.00 2.500 2.500 506 10/20/2005 10907 Ocwen Federal Bank FSB 10/27/2003 99,000.00 99,000.00 99,000.00 2.730 2.730 510 10/24/2005 10828 Omni National Bank 03/21/2003 99,000.00 99,000.00 99,000.00 2.350 2.350 233 01/20/2005 10850 Orion Bank 06/05/2003 99,000.00 99,000.00 99,000.00 2.226 2.226 370 08/06/2005 10861 Pan American Bank 07/28/2003 99,000.00 99.000.00 99,000.00 2.100 2.100 422 07/28/2005 10599 Park Avenue Bank NA, The 07/11/2001 99,000.00 99,000.00 99,000.00 5.400 5.400 41 07/12/2004 10916 Parke Bank 11/20/2003 99,000.00 99,000.00 99,000.00 2.500 2.500 475 09/19/2005 10845 Pioneer Bank 05/05/2003 99,000.00 99,000.00 99,000.00 2.300 2.300 338 05/05/2005 10763 PlanlersFirst Bank - 08/27/2002 99,000.00 99,000.00 99,000.00 3.400 3.400 87 08/27/2004 Portfolio CNC CC PM (PRF PM2' " 'Rept V5.021 Certificates of Deposit - Monthly 065284AH4 143876AX8 177707ACO 254678898 340558CE3 Run Date: O6/29/2004 - 11:29 City of National City Portfolio Management Portfolio Details - Investments May 31, 2004 Page 2 CUSIP InvestmentStated YTM/C Daysto Average Purchase # Issuer Balance Date Par Value Market Value Maturity Book Value - Rate Moody's 365 Maturity Date 10606 Abington Savings Bank 07/26/2001 99,000.00 99,000.00 99,000.00 5.200 5.200 55 07/26/2004 10855 Alerus Financial Bank 06/25/2003 99,000.00 99,000.00 99,000.00 2.200 2.200 391 06/27/2005 10958 American Home Bank 04/22/2004 99,000.00 99,000.00 99,000.00 2.930 2.930 892 04/24/2006 10957 American Bank, N.A. 04/26/2004 - 99,000.00 99,000.00 99,000.00 2.700 2.700 694 04/26/2006 10852 Bank of Bonifay 06/11/2003 95,000.00 95,000.00 95,000.00 2.350 2.350 375 06/11/2005 10757 Bank of Tennessee 08/09/2002. 99,000.00 99,205.92 99,000.00 2.750 2.750 69 08/09/2004 10793 Bay Financial Savings Bank 10/09/2002 99,000.00 99,000.00 99,000.00 3.300. 3.300 133 10/12/2004 10577 Bankrirst NA 06/22/2001 99,000.00 99,000.00 99,000.00 5.350 5.350 21 06/22/2004 10801 Global Credit Union 11/04/2002 99,000.00 99,000.00 99,000.00 3.250 3.250 156 11/04/2004 10877 Boardwalk Bank 08/07/2003 • 99,000.00 - 99,000.00 99,000.00 2.250 2.250 433 08/08/2005 10604 Bank of Arkansas 07/20/2001 100,000.00 100,000.00 100,000.00 5.170 5.170 49 07/20/2004 10755 Bank of Little Chute 08/07/2002 99,000.00 99,205.92 99,000.00 2.800 2.800 68 08/06/2004 10923 Brand Banking Company 01/23/2004 99,000.00 99,000.00 99,000.00 2.855 2.655 599 01/21/2006 10970 Busey Bank of Florida 05/20/2004 99,000.00 99,000.00 99,000.00 3.110 3.110 718 05/20/2006 10959 Business Bank of Fox River Vly 04/23/2004 99,000.00 99,000.00 99,000.00 2.750 2.750 692 04/24/2006 10854 Bilteroot Valley Bank 06/25/2003 99,000.00 10889 99,000.00 99,000.00 2.150 2.150 389 06/25/2005 Capital Bank & Trust Co. 09/11/2003 99,000.00 99,000.00 99,000.00 2.500 2.500 468 09/12/2005 10749 Capital One Bank 07/09/2002 100,000.00 10967 100,000.00 100,000.00 4.040 4.040 38 07/09/2004 Capitol City Bank & Trust 05/10/2004 99,000.00 99,000.00 99,000.00 2.800 2.800 710 05/12/2006 10748 Capital One FSB 07/09/2002 100,000.00 - 100,000.00 100,000.00 4.040 4.040 38 07/09/2004 10900 Carolina'Trust Bank 10/01/2003 99,000.00 99,000.00 99,000.00 2.500 10901 Corn Belt B & T Co 2.5001493 10/01/2005 10/07/2003 98,000.00 - 98,000.00 98,000.00 2.710 2.710 493 10/07/2005 10960 Centennial Bank of the West 04/30/2004 99,000.00 99,000.00 99,000.00 2.750 ' 2.750 699 05/01/2006 10643 Carolina Firtst Bank 12/07/2001 95,000.00 10937 95,022.80 95,000.00 4.100 4.100 6 06/07/2004 Chattahoochee National Bank 02/13/2004 99,000.00 99,000.00 99,000.00 2.720 2.720 622 02/13/2006 10702 City Bank 05/15/2002 95,000.00 97,926.95 10847 95,000.00 2.150 2.150 1,078105/15/2007 Community National Bank 05/22/2003 99,000.00 99,000.00 99,000.00 2.150 2.150 174 11/22/2004 10905 Citizens Natl. Bank of Quitman 10/06/2003 99,000.00 - 99,000.00 99,000.00 2.500 2.500 492 10/06/2005 10720 Discover Bank 06/12/2002 95,000.00 95,055.10 95,000.00 3.650 3.650 13 06/14/2004 10802 E-Trade Bank 11/25/2002 - 99,000.00 99,000.00 99,000.00 2.960 2.960 178 11/26/2004 10800 Frirst Community Bank 11/01/2002 99,000.00 99,000.00 99,000.00 3.250 3.250 153 11/01/2004 10925 First Cherokee State Bank 01/26/2004 99,000.00 99,000.00 99,000.00 2.800 2.800 604 01/26/2006 10812 First Enterprise Bank, West Br 02/18/2003 " 99,000.00 99,000.00 10595 First Western Bank 07/09/2001 99,000.00 2.850 2.850 238 07/09/2004 99,000.00 99,000.OD � 99,000.00 5.200 5.200 38 07/09/2004 10629 Florida Bank, NA 09/26/2001 99,000.00 102,833.30 99,000.00 5.150 5.150 847 09/26/2006 10866 First National Bank of Barron 07/21/2003 99,000.00 99,000.00 99,000.00 2.150 2.150 419 07/25/2005 Portfolio CNC CC PM (PRF_PM2) SymRepl V5.02f 211 14 SymPro Investments City of National City City of National City Portfolio Management Portfolio Summary May 31, 2004 Par Market Book % of Days to YTMIC YTMIC Value Value Value Portfolio Term Maturity 380 Equiv. . 365 Equiv. Certificates of Deposit - Monthly Negotiable/Transferable CDs Federal Agency Securities Pass Through Securities Investments 9,679,000.00 791,000.00 4,500,000.00 . 11,280.10 14,981,280.10 9,689,420.59 9,679,000.00 65.19 808 350 3.156 3.200 793,265.70 659,584.61 4.44 1,541 345 10.117 10.257 4,450,385.00 4,496,700.00 30.29 1,790 1,629 .2.820 2.657 11,892.61 11,756.12 0.08 4,595 2,586 7.605 7.711 14,944,963.90 14,847,040.73 100.00% 1,141 739 3.307 3.353 Total Earnings May 31 Month Ending Fiscal Year To Date Current Year Average Daily Balance Effective Rate of Return Marylou Matienzo, Director of Finance Run Date: 06/29/2004 • 11:29 39,646.47 14,689,410.26 3.18% 580,266.10 14,731,111.89 4.28% Portfolio CNC CC PM (PRF PMI)7ept V5.02f City of National City, California COUNCIL AGENDA STATEMENT AEETING DATE July 20, 2004 AGENDA ITEM NO. 8 ITEM TITLE CLAIM FOR DAMAGES:Maria Carmen Armendraiz PREPARED BY Michael R. Dalla, CM ARTMENT City Clerk EXPLANATION The claim of Maria Carmen Armendraiz arises from an occurrence on March 31, 2004 and was filed with the City Clerk's Office on June 18, 2004 Environmental Review Financial Statement N/A STAFF RECOMMENDATION XX_ NIA Approved B Deny the claim, and refer to the City Attorney. BOARD! COMMISSION RECOMMENDATION N/A .ATTACOMENTS ; Listed Below Finance Director Account No> `f Resolution NIo, MEETING DATE July 20, 2004 City of National City, California COUNCIL AGENDA STATE ENT AGENDA ITEM NO. 9 ITEM TITLE Notice of Decision — Approval of a Conditional Use Permit for a Martial Arts School at the Plaza East Shopping Center at 3403 East Plaza Boulevard, Suite L. (Applicant: Bernie Angeles Sr.) (Case File No.: CUP-2004-13) PREPARED BY Roger Post` , 336-4310 Planning DEPARTMENT EXT. EXPLANATION The proposed location of the martial arts school is within the existing Plaza East Shopping Center at 3403 East Plaza Boulevard. The 1.7-acre property is in the General Commercial - Planned Development (CG-PD) zone. The site is developed with an approximately 19,800 square foot building with 12 business suites and a 63-space parking lot. The proposal is to operate a karate studio with a 693 square foot workout area within the 1,056 square foot suite, which also has a small viewing area and office. Activities will include karate classes and private workouts Monday through Friday evenings from 5 p.m. until 9 p.m., and women's self-defense classes on Saturdays from 8 a.m. to 12 noon. The maximum number of students will be 25. The applicant also expressed the possibility of occupying the adjacent suite in the future, to accommodate an anticipated expansion of the number of students of up to 60 overall. Conditions of approval accommodate this possible expansion. Planning Commission held a hearing on this item June 21, 2004. The applicant answered questions from the Planning Commission regarding future expansion plans and potential noise issues. There was no public testimony. The Planning Commission found that the layout was such that a martial arts school could operate without adversely affecting adjacent or nearby uses, specifically, the main entry faces fr• h- nearest homes combined. CEnvironmental Review Financial Statement N/A N/A Categorical Exemption MIS Approval TAFF RE O DATION Approved By; Finance Director Account No. Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD 1 COM ISSION RE MIME DATION The Planning Commission approved the Conditional Use Permit. Vote: Ayes- Pruitt, Alvarado, Flores, Martinelli, Reynolds, Graham Absent- Carrillo, Saludares, Baca ATTACHMENTS & Listed Below 1 1. Planning Commission Resolution No. 21-2004 3. Site photographs 2. Location Map 4. Site plan and floor plan Resolution No. A-200 (Rev. 7l03} RESOLUTION NO. 21-2004 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A MARTIAL ARTS SCHOOL AT THE PLAZA EAST SHOPPING CENTER AT 3403 EAST PLAZA BOULEVARD, SUITE '"L" APPLICANT: BERNIE ANGELES SR. CASE FILE NO. CUP-2004-13 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for a martial arts school at the Plaza East Shopping Center at 3403 East Plaza Boulevard, Suite "L" at a duly advertised public hearing held on June 21, 2004, 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-2004-13, 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 June 21, 2004, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since there is adequate room within an 1,056 square foot suite in an existing shopping center to conduct martial arts classes with no more than 25 students at any one time, and use of an additional suite in the future would allow for expansion to 60 students. 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 property has frontage on and access to Plaza Boulevard, which is classified as an arterial roadway in the Circulation Element of the National City General Plan, with a capacity of 50,000 Average Daily Trips (ADT); existing volume on it is 17,000. The use is not expected to generate more traffic than past retail use of the suite. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the shopping center is already existing and is located in a developed commercial area, and since the use will he conducted within an enclosed building and instruction will be limited to 25 students or, if an additional suite is used, to 60 students. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the use will provide recreational and educational services for members of the community. 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 martial arts school with a maximum of 25 students per class. 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-2004-16, dated 5/26/2004. 2. Business hours shall be limited to between 5 p.m. and 9 p.m. Monday through Friday, and between 8 a.m. and 5 p.m. on Saturdays. 3. The use shall be conducted entirely within the building; doors shall be kept closed during classes, and classes shall be limited to no more than 25 students per class, based on the use of a 1,056 square foot suite. 4. If an adjacent suite is procured at a future time for use in conjunction with this martial arts school, classes shall be limited to no more than 60 students, based on the use of 3,090 square feet of suite area. 5. 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. 6. 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. 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. 2, CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of June 21, 2004, by the following vote: AYES: PRUITT, ALVARADO, FLORES, MARTINELLI, REYNOLDS, GRAHAM NAYS: ABSENT: CARRILLO, SALUDARES, BACA ABSTAIN: CI IAIRMAN Ira Harbison Elementary 0 100 0 1001/ Fe PLAZA EAST SHOPPING CENTER ZONE BOUNDARY ®� N MA Conditional Use Permit for a Martial Arts School in an existing shopping center at 3403 E. Plaza Blvd. CUP-2004-13 NATIONA CITY PLANNING L` 815 821 827 833 DRN, DATE-- 5/27/04 INITIAL HEARING° 6/21/04 Plaza East Shopping Center looking North Plaza East Shopping Center looking South Suite'L' (North end) and suite'K' (possible future site) Dr 9 16 ()Joe t( 0 AV i(Efiv 7=fg-cria -1' 7" - OrFIcE- ZJI MEETING DATE July 20, 2004 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 10 TEM TITLE Notice of Decision — Planning Commission Approval of a Planned Development Permit for a Second Residential Unit on a 10,500 Square Foot Property at 1937 Lanoitan Avenue (Applicant: Felipe Ruelas.) (Case File no.: PD-2003-3) PREPARED BY Roger Po t, 336-4310 DEPARTMENT Planning EXT. EXPLANATION The project site is a 10,500 square foot property on the east side of Lanoitan Avenue, one lot north of 20th Street in the Single -Family Residential Extendable -Planned Development (RS-3-PD) Zone. There is an existing single -story, 2,000 square foot house on the front of the lot (see the attached site photographs), in which the owner resides with his family. The house has a stucco exterior and hip roof with asphalt shingles, and is in fair/good condition. The applicant is proposing to build a second detached single-family dwelling 37 feet to the rear of the existing house. The new 1,800 square foot unit will be two -stories tall with four bedrooms and three bathrooms. It will have a stucco exterior and gable roof with asphalt shingles, and will have an appearance similar to the existing house. The proposal also includes a one -car carport on the south side of the new house. Finally, the entire property will also be re -landscaped. Planning Commission held public hearings on this item at the May 17 and June 21, 2004 meetings. At the May 17th meeting, several members of the public expressed concerns about the condition of the property and the lack of available street parking in the area. The Commissioners concluded that the proposal will positively affect the overall property condition. Additionally, Commissioners discussed a Fire Department recommendation for a residential fire sprinkler system for the proposed house. Commissioners approved the Planned Development Permit finding that the site is large enough to accommodate the additional house, which will be suitable for larger families to occupy, as encouraged by e A enera an. Environmental Review Financial Statement N/A - NIA 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 Planned Development Permit. Vote: Ayes- Pruitt, Carrillo, Flores, Graham, Martinelli, Reynolds Absent- Saludares, Baca, Alvarado ATTACHMENTS ( Listed I ek w ) 1. Planning Commission Resolution No. 20-2004 2. Location Map A-200 (Rev..7/03) ----- ................�....., �,�,,...�.....�._.... .. . Resolution Resolution No. 3. Site photographs 4. Applicant's Plans RESOLUTION NO. 20-2004 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A PLANNED DEVELOPMENT PERMIT FOR A SECOND RESIDENTIAL UNIT ON A 10,500 SQUARE FOOT PROPERTY AT 1937 LANOITAN AVENUE APPLICANT: FELIPE RUELAS CASE FILE NO. PD-2003-3 WHEREAS, the Planning Commission of the City of National City considered a Planned Development Permit for a second residential unit at a 10,500 square foot property at 1937 Lanoitan Avenue at a duly advertised public hearing held on May 17, 2004 and continued to the meeting of June 21, 2004, 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. PD-2003-3, 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 May 17, 2004 and continued to the meeting of June 21, 2004, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since there is adequate area on the 10,500 square foot lot for a second house with sufficient yard area and required off-street parking. 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 house will add only several Average Daily Trips to the local residential roads in the area, and since roads were intended to handle the type of traffic generated by the proposal. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed house has been designed to be compatible with both the existing house on the property and nearby development, and since the new house is similar to existing development in the area. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the proposal will result in an increase in the housing stock in the City and region consistent with Housing Element objectives, which call for more housing and region consistent with Housing Element objectives, which call for more housing development than has occurred in recent years. Also, the proposed development will be suitable for a larger family as encouraged by the General Plan. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. This Planned Development Permit authorizes a second residential unit on the rear of a lot with an existing single-family house. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A -revised, Case File no. PD-2003-3, dated 3/29/2004. 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. 3. The paved parking area in the front yard setback shall be removed prior to the issuance of a Certificate of Occupancy for the new house. 4. The columns of the wall under construction in the front yard shall be modified to comply with the height limits in Title 18 of the National City Municipal Code. 5. The pitch of the roof on the ne* house shall match the pitch of the roof on the existing house on the property. 6. A two -car carport shall be built adjaCef t the rear of the existing house. 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. The new house shall have a residential fire sprinkler system. Plans and for the system shall be submitted to the Fire Department for review and approval. 9. A minimum 1,000 gpm fire flow with a duration of two hours measured at 20 psi shall be provided. 10. A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring and cleaning of private catch basins and stone 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. 1 1. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 12. 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. 13. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all of the proposed grading, drainage and 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. 14. The existing, recently constructed retaining wall shall be properly permitted or removed. 15. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 16. 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. 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 Planned Development Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Planned Development 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 Planned Development Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall he approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 19. This peianit 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. 3 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 June 21, 2004, by the following vote: AYES: PRUITT, CARRILLO, FLORES, MARTINELLI, REYNOLDS, GRAHAM. NAYS: ABSENT: SALUDARES, ALVARADO, BACA ABSTAIN: CHAIRMAN PROJECT LOCATION 1 ZONE BOUNDARY Additional unit behind the house at 1937 Lanoitan Avenue PD-2003-3 NATIONAL C TY PLANNING DRN. DATE: 5/5/04 INITIAL HEARING: 5/17/04 Site Photographs View of the front of the existing house from the west. View along the driveway to the rear yard area from the west. motorway iv 61/49 —.ZE120?}IP '1161 1,6 StPat• 6643 P., I.' 0 lat, • Aim ura rum mmmuor omm omm . OmMrot4 .4io°1199 Four. roma.' 943° CP` IM.Lorkrlfr_tg. lomo So°, 99.9 _room( Atio ma' _fabormul fimmu -1.-541OIT0026 A90.• PLOT- PLAH 1"-KP-a 1R WINDOWS AND DOORS SUE TYPE QT 0 Z`' 9.6 Immo.formoZy moat 91 0 2° 6' 6 a 0 16 6" EouTe1u40 immuM. t 1. 0 e to %IOW. 61.955 C) 5' 4* Ko YMMoom$ NM- Qmoom 4 ® 2° 5° flitta oMMUMol Ter+02h4C. ii, 2° 9° Ko Wroo4 Pow 41045 4 o 9034 it u u u Z 0 ° K 0 YriPar .3 'V- I, of' -pwmsitir,&mFmAtuirro inuri rvfk00522000.6 gal. pet 9609 2. Shower Mad to bra ma 25 GPM flow on0 2.1014 an Mors 3. Tar shall hure min.15° doom= from Ors and 24' of front raw= 4. SOW WO yr stryar 12421911040IM use of Worsted polyvinyl chloride (CINC)for tolumlm ore sumr S. 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MAW* TPRO/.S'.N - W.S.'MEPVHPLRPLAX9 PM9:,uRA,C 129P.M4.1MP.1A99 'eP s ,KU11007 Ace ROOi9ALL *Mt AA, AA PYD.RAve NORTH nl':h.-III"^111-i p p SHRUB PLANTING. SCALE: 1"= 10' 1.0111%..e"r PRELIMINARY LANDSCAPE PLAN NOT FOR CONSTRUCTION T PLAN 15 MEM,THAN 9.• x e6 al"w9000000PRIM2'. RC0IG0 SL LM AGCORgX,LT 1AMO60API ARCHMC1116o 1.000m,o M00 I0,1 RUELAS RESIDENCE vri060 00 FHWISKEE DESIGN 6M DRAWN 6141 SCALE E. as PROJECT VIIEETING DATE July 20, 2004 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 11 ITEM TITLE Public Hearing — Conditional Use Permit for the Sale of Beer and Wine at Karina's Restaurant at 1705 Highland Avenue (Applicant: Evangelina Contreras) (Case file no.: CUP-2004-7) PREPARED BY Roger Po( 6-4310 Planning DEPARTMENT EXT. EXPLANATION The Planning Commission held a public hearing on this item at their May 17, 2004 meeting, where the commissioners voted to deny the requested Conditional Use Permit. The applicant appealed the Planning Commission decision to the City Council on June 22, 2004. The attached background report describes the proposal in detail. Environmental Review X N/A Categorical Exemption MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff recommends approval based on the attached findings and conditions of approval. BOARD / COMMISSION RECOMMENDATION The Planning Commission denied the Conditional Use Permit. Ayes: Pruitt, Saludares, Alvarado, Flores, Baca, Martinelli, Reynolds, Graham. Nays: Carrillo ATTACHMENTS 1. Background Report 2. Appeal Letter 3. Planning Commission Reso No. 18-2004 with Findings for Denial 4. Possible Findings for Approval 5. Recommended Conditions of Approval A-200 (Rev. 7/03) ( Listed Below ) Resolution Nes, 7. Hearing notice and ABC public notification 8. Community Meeting flyer, sign -in sheet, meeting minutes 9. Public Petition 10. Proposed exemption 11. Police Department comments 12, Appli^-ties with pr^j aes . .... BACKGROUND REPORT The project site is located on a 12,320 square foot rectangular lot on Highland Avenue, between 17th and 18th Streets, in the General Commercial (CG) Zone. Karina's is a 2,236 square foot sit down/full service restaurant (see site photos); it has been remodeled within the last few years. It has an inside dining area of 988 square feet with 53 seats, and an outside dining area of 825 square feet with 24 seats. There is a patio in front of the restaurant, fronting Highland Avenue, that is raised five feet above the sidewalk with a landscape buffer between the sidewalk and patio. The site also features a 33-space parking lot. Adjacent uses include Speedy's Mexican Food, adjacent to the north, and Jack in the Box adjacent to south. Both are in the General Commercial (CG) Zone. McDonalds and El Polio Loco are located to the west, also in the General Commercial (CG) Zone, across Highland Avenue. Otis Elementary School and National City Junior High, both in the Civic Institutional (IC -OS) Zone, are located to the west beyond McDonalds approximately 230 feet and 530 feet away respectively. There is an apartment complex to the east, behind Karina's, in the Multi -Family Residential (RM-1-PD) Zone. The project site is located in an area under Community Development Commission study for the Cocina Mexicana project, where Mexican food restaurants are the main focus. Karina's proposes to sell beer and wine as an incidental use to the existing restaurant. The beer and wine is proposed to be served inside in the dining area as well as outside on the patio. The applicant states that it would be complementary to the type of food served. Beer and wine will be available between 9 a.m. and 10 p.m. Sunday through Thursday, and between 9 a.m. and 11 p.m. Friday and Saturday. No bar is proposed as part of this project. All alcohol products will be stored in the kitchen or rear storage area of the restaurant, and served at the table by a host or hostess upon request. Based on a notification letter from the State Department of Alcoholic Beverage Control (ABC), supplied by a resident, Mariachi music and a jukebox would potentially be provided. A community meeting was held April 29, 2004 from 5:30 p.m. to 7:30 p.m. 16 people were in attendance. The meeting was advertised at the Chamber of Commerce. The Principal of Otis Elementary School and Frank Lopez of the National City Alcohol, Tobacco and Other Drugs Taskforce were also notified of meeting and were in attendance. The main concern was the time of the sale of alcohol coinciding with children walking home from school. Subsequent to the community meeting, a petition was received with 281 signatures asking the Planning Commission to limit the time that alcohol could be sold. The petition cited the>proximity to schools as a concern among the community, and asked that alcohol not be sold until after 6:00 p.m. on weekdays and after 12:00 noon on weekend days. Several businesses in the immediate area are also sit-down restaurants serving beer and wine. These include Cafe La Maze and Hong Yun Chinese Restaurant. Other businesses in the area also sell alcohol, including the VFW and Wal-Mart. Given the general presence of school -aged children in the area, a concern voiced at the community meeting, and with the patio entrance being relatively close to the street, there could be a potential for minors to access alcohol from persons on the patio. This is possible but not likely. This potential might be mitigated by the layout (elevated patio and landscape buffer) and the requirement for a manager and a security guard to be on duty at all times. This requirement has been included as a condition of approval. The restaurant is located at the front of the property, facing away from the residences to the rear. There is approximately 100 feet between the patio and the nearest home to the northeast. In addition, conditions of approval 15, 16, and 17 limit Mariachi to inside the restaurant (not on the patio), require doors and windows to be closed during performances, prohibit performances after 9:30 p.m., and require conformance with Title 12 noise requirements. These conditions are likely to help alleviate potential noise impacts to the adjacent neighborhood. Other conditions of approval have been formulated to reduce other potential impacts. Recommended conditions include L.E.A.D. training and age requirements for servers, no self-service of alcohol, no walking or standing with alcohol, and requiring beer to be sold by the bottle only and wine by the glass only. These conditions are also likely to aid in preventing the sale of alcohol to minors, as well as restrict other possible deleterious effects such as disorderly conduct. ABC allows for seven on -sale (restaurant), and four off -sale (market, liquor store) licenses in this area or census tract. According to ABC, 16 on -sale licenses and 9 off -sale licenses are currently issued. This indicates an over -concentration of licenses. However, this census tract includes major commercial areas in the city along Plaza Boulevard and Highland Avenue. This is likely the reason why there are so many alcohol licenses. The General Commercial Zone is intended for high -intensity commercial uses along major City thoroughfares, including areas and uses such as this. The Police Department has recommended denial due to this over -concentration of alcohol licenses, as well as a high crime rate in the area. At the Planning Commission meeting more than ; -a, dozen citizens gave testimony critical of the proposal. The Planning Commission ultimately -denied the application. Planning Commissioners cited the restaurant's proximity to schools, the perceived non -necessity of alcohol for the restaurants' success, and public concern as grounds for denial. As noted above, Karina's is a component of the Cocina Mexicana concept for a Highland Avenue restaurant district. It is likely that certain new restaurants looking to locate in the district will also want to serve alcohol; a denial of the Karina's request could discourage them from coming here. Staff is recommending approval of the request, but suggests the facility be closely monitored to ensure that the conditions of approval are complied with. If they are not, the Council can revoke the Conditional Use Permit. y 6 2 ,h) 27-- -7 A 5 : 2; ,/,s73 /2 e 7,4/G1 7--5 77, "11,,,42-51/ ..-/Z a de c-• 5 oq c_15 /2e 12/ -/-??" 7 RESOLUTION NO. 18-2004 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, DENYING A CONDITIONAL USE PERMIT APPLICATION FOR THE SALE OF BEER AND WINE AT KARINA'S RESTAURANT AT 1705 HIGHLAND AVENUE APPLICANT: EVANGELINA CONTRERAS. CASE FILE NO. CUP-2004-7 WHEREAS, the Planning Commission of the City of National City, California considered a Conditional Use Permit application for the sale of beer and wine at Karina' s Restaurant at 1705 Highland Avenue at the public hearing held on May 17, 2004, 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-2004-7 which are maintained by the City, and incorporated herein by reference; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on May 17, 2004, fail to support findings, required by the Municipal Code for granting any Conditional Use Permit that the proposed use will not have an adverse effect on adjacent or abutting properties, and that the proposed use is deemed essential and desirable to the public convenience or welfare. BE IT FURTHER RESOLVED by the City Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on May 17, 2004 support the following findings: 1. That the proposed use will have an adverse effect upon adjacent or abutting properties, since the restaurant's close proximity to Otis Elementary School and proximity to a residential area will unduly affect youth who are often present in the area, and since the sale of beer and wine may exacerbate the high crime rate in the area. 2. That the proposed use is not deemed essential and desirable to the public convenience and welfare, since there is already an overabundance of restaurants and stores that sell alcoholic beverages. 3. That public convenience and necessity is not served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that the Planning Commission hereby denies Conditonal Use Permit application no. CUP-2004-7. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council; and, BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of June 7, 2004 by the following vote: AYES: PRUITT, SALUDARES, ALVARADO, FLORES, BACA, MARTIENELLL , REYNOLDS, GRAHAM NAYS: CARRILLO 4 ABSENT: ABSTAIN: POSSIBLE FINDINGS FOR APPROVAL 1. That the site for the proposed use is adequate in size and shape, since the sale of beer and wine for on -site consumption will be in an existing 2,236 square foot restaurant on a 12,320 square foot site; no enlargement or physical changes to the building are proposed. 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 restaurant is existing and the proposal will not substantially affect traffic. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the restaurant is already existing and is located in a developed commercial area. Also, conditions of approval controlling the sale and consumption of beer and wine on site will alleviate the potential for adverse effects. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will contribute to the viability of the restaurant, and will be consistent with the Cocina Mexicana concept. 5. That public convenience and necessity may be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. POSSIBLE CONDITIONS FOR APPROVAL 1. This Conditional Use Permit authorizes the sale of beer and wine for on -site consumption at Karina's Restaurant. 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-2004-7, dated 3/1/2004. 2. 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. 3. Beer and wine shall be stored in the kitchen area and shall be served by the server upon request. 4. All persons who will be serving alcoholic beverages should receive L.E.A.D. training in Responsible Beverage Service from the State Department of Alcoholic Beverage Control or Responsible Hospitality Coalition. 5. A manager and a security guard should be on duty during the hours that alcohol is available. 6. All ABC regulations shall be obeyed. 7. Permittee shall comply with all regulatory provisions of the Business and Professions Code, section 25600 through 25667, currently in effect or as may be amended, regarding sales, displays and marketing or merchandising of alcoholic beverages. 8. The sale of alcoholic beverages shall be prohibited between the hours of 10:00 p.m. and 9:00 a.m. Sunday through Thursday, and 11 p.m. to 9 a.m. Friday and Saturday. 9. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgement to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 10. The rear door(s) of the premises shall be kept closed at all times during the operation of the business except in case of deliveries or emergencies. 11. No coin operated amusement devices shall be operated on the licensed premises. 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. 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. 13. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 14. Consumption of alcoholic beverages shall be limited to the seating areas only. No standing or walking with alcohol beverages shall be permitted. 15. The use shall comply with noise limits in Title 12 Noise Control of the National City Municipal Code. 16. During hours of operation when Mariachi music or other live music is occurring, all doors and windows shall remain closed. No live music of any kind shall be permitted in the patio area. 17. Mariachi music or other live music shall occur no later than 9:30 p.m. seven days a week. KARINA'S RESTAURANT ZONE BOUNDARY ®� ION MAP CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE AT KARINA'S RESTAURANT AT 1705 HIGHLAND AVENUE CUP-2004-7 NATIONAL CITY PLANNING DRN. DATE: 5/3/04 INITIAL HEARING: 5/17/04 ],t Karina's Restaurant looking Northeast from Highland Avenue Karina's Restaurant looking Southeast from Highland Avenue City of National City Office of the City Clerk 1243 National City Boulevard, National City, California 91950-4397 Michael R. Della, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of National City will hold a public hearing after the hour of 6:00 p.m., Tuesday, July 20, 2004, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, to consider: AN APPEAL OF THE PLANNING COMMISSION DENIAL OF A CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE AT KARINA'S RESTAURANT AT 1705 HIGHLAND AVENUE. APPLICANT: EVANGELINA CONTRERAS, CASE FILE NO. CUP- 2004-7. Anyone interested in this matter may appear at the above time and place and be heard. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the undersigned, or to the City Council of the City of National City at, or prior to, the public hearing. DATED: July 7, 2004 Michel R. Dalla, C 'C City Clerk of the City of National City, California STATE OF CALIFORNIA — BUSINESS, TRANSPO ON AND HOUSING AGENCY DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL Date: Dear Resident ARNOLD SCHWARZENEGGER. Governor February 25. 2004 An application has been made for a license to sell alcoholic beverages near you: CONTRERAS CUJIEL CORP Applicant(s) Name(s) Karina's Mexican Style Seafood Express Business Name 1705 Highland Ave., National City, CA 91950 Location Type of business: X Restaurant Bar/Tavern Deli Mini Mart Liquor Store Gas Station Other Entertainment: X Yes Juke box, Mariachi Type of Entertainment Proposed hours of alcoholic beverage sales/service: 9:00 AM to I1:00 PM (Hours and entertainment are decided by the business owner and may change.) Type of alcoholic beverages to be sold: Beer Wine X Beer & Wine No All Types (Beer, wine and distilled spirits) If you have any questions or require additional information concerning the issuance of the license, please contact me on or before # 8-Mar-04 Sincerely, I annie:Kelpin Licensing Representative 11 (619) 525-4595 ABC-205 (11/03) PURI IC N/ arina's Restaurant 1705 Highland Avenue National City, CA 91950 hosting a Public Meeting as required for a Conditional Use Permit to sell Beer and Wine at their establishment in the City of National City. ate: April 29, 2004 Time: 5:30 PM - 7:30 PM Location: National City Chamber of Commerce 901 National City Chamber of Commerce National City, CA 91950 For more information please contact: Alex Navarette @ 619-477-8877 4. z.7;',4a f 40-2.;AJ .123 — /2 eir 5;7— cPQ A T4 prri>"3 e e Poi') i‘,1;10‘,/c • L.. c *33 sZ 3 3-) .1 ‘)C 5 _or 3 340, 7;37 04 op I 5 / 4/7y-I3 cr c.- tii/ :1 33-2 1/77— /4-7S-) ITZ 4.-1 77 — 3-3 7 $36 -- -2 le 17/ 7 7 - 34/d/ Y 7 7 3 V PI 7(.( 336 - wst a A a {t 1 PArtisA ® /1/4.10 ;-vt liCTA AI) CLAP vtse tertAISe Peoct-r i4e 1)t3tC 1\1a; c . s4' rzG-- Ny 4rry So.& I S, I�0 dj 6 Ai Al d G+re AM A$4 61e4441e+er 02 Let'Z-6--PJset 74- rJJ L;C -0AJSGa, 64 P a cM etv; I 7 I C-67 -e v MA*,iy L--, C,cnl 1, f;AL pp.. .i.-4 ?0.0e L4c SC�, I(o CSC Sv3� 1 Stdi yawl, go vine- COci,'b +c �t9�' 7Ci C.LF,�•72 .1 n y G"f� J L� V` 4-evt4 'I Jai- %44,s r-, C.94n o‘„ v , r cs4,Y1 4.LJ c,riOre, I `tLf r`'1155e irvvyr.„ L4 L r At4- -k A-6,4" f cvr 6,i(r, .Q c7 J,D C:16i cil'Ldl ✓d c t.itale 7 P"f a%j LA. 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Do,,A(1- ,Sidt Pe-6 460-- AA-M-44 L q N.0 vv bod\cr At co L7, ,,y,)Yr Conc,-tDe-e--f-rr X Prg "an_ c-e•• r jzhir.1 Crri Ze0-,vt icsk:tD ivy > r o'/4 {— tG. )C r , • •kin tY1477SAc./C C$" r¢..4 M �'t' •' GiC c ..br i �' b^ a,.an—f m1 Oa k' C.fiia24 lot E -- vir i7'• /27 L / C� " Al$ G vi`R.✓`^./ x.,6 7' "�� I - $fG' .' / , vr4 wc(G w / ,1 -ram 4yya,, `1" ] pi ten Cak-we , Y7 - Vyt N cep' PETITION TO PROTEST ANCE OF LIQUOR LICENSE T NA'S RESTAURANT AND/OR TO PROHIBIT THE SALE OF ALCOHOLIC BEVERAGES DURING SCHOOL HOURS We the undersigned parents and concerned community members support the actions of John Otis School to prohibit the sale of alcoholic beverages at Karina's Restaurant during school hours. The application may be granted if sales are restricted to Monday -Friday after 6:00 p.m. and weekends after 12:00 noon. Print Name Signature Address 1. t-'l,¢'SI k) /i a ry :---,-4,4i (a/77,1 £h4' �J�j//)/' /////f Y/J/�/{LfJ,�}1f • 66„-.ti f P c (j;,..earl4ie c;,—�� /R 1 Rven.Sc mA Lok\ d!l .../{ 3. v1OAol lamas 1 q(S Faue tvg-2 pet-1,0/Qul Ce-i gaS 4. 1.7".l19 C i/3504, (zoo . /_8 c_. /84--n s-i- N. C- actforsO zr . I/, 14Z- bI ? — r, 1 �/(- ,&c_3d. .) O. .r-fte)e_e_c r)o7 4ac4 e. 1 1,V ; jG9..5(_Jf/d- r'--.P�o�p -ram 4 J . )1 p)4-e I Q /. 2,ewe I 10. L L.,n i l s F1 c- ' c a� / iC • G' Cii -e 3 ci. 9i9: 11. ; a (-_ )c-L.06. ( c,2 L�iK,t , r, d`CriS 0 A AO- - 010( ij6V 1 . (� q,�ta dq_ `� y" `f k 4 t `' " ' <_. ZIt(7 lac' /05 A a rat (l gl`1So 13, G 1`15c q/9s CSC) PETITION TO PROTEST ANCE OF LIQUOR LICENSE T RINA'S RESTAURANT AND/OR TO PROHIBIT THE SALE OF ALCOHOLIC BEVERAGES DURING SCHOOL HOURS We the undersigned parents and concerned community members support the actions of John Otis School to prohibit the sale of alcoholic beverages at Marina's Restaurant during school hours. The application may be granted if sales are restricted to Monday -Friday after 6:00 p.m. and weekends after 12:00 noon. Print Name Signature Address 14. z'-, 6© i( e72 IW c, �.4 }. ill/ /zl . 5, 0 . ('g • 9z,3. 1 lr+ -1i ,a 1 t w�,06.76t . 2' 9_ `2 2 Z 4/ 17 /?/ L/ /G `( /// �,e 4 /y a— 17. /y 7.d/ / /' Ai «°gQ /' f9 . r l f/,:2 aA Z 18. J /4 37 '_(® , 0 Vc.e 1 ((L (ra - yct a ` 0 i-r6r f C 14--ci OA gig P-DSct (9ti/-I`i'erCZ. 231 P_ 6- Are j1a-1-l'0✓nCtI C\' cg- 14Sd 21. C✓wpfc UGam%a_S . /9/5_ ,F a/� # Z %li orr<.z- ,7y C�4 - 7i73 O 2 ,i , -{? /CP C ✓{Je . /60 0vt4I <l y ( 1 /71 7/�� 23. / / (j a 1, 91» l / ;21 t, . / i 24. L L( (' �(t (i 6 ,, / -C: ../) ,4 vz= zt ('. 25. (i ���n (2v1.7 / "_ / / , v / ,t 1. ..4-7 26.7 �_V`,�{�j of j Y //7! PETITION TO PROTEST UANCE OF LIQUOR LICENSE TRINA'S RESTAURANT AND/OR TO PROHIBIT THE SALE OF ALCOHOLIC BEVERAGES DURING SCHOOL HOURS We the undersigned parents and concerned community members support the actions of John Otis School to prohibit the sale of alcoholic beverages at Karina's Restaurant during school hours. The application may be granted if sales are restricted to Monday -Friday after 6:00 p.m. and weekends after 12:00 noon. Print Name Signature Address 27. e<:7 ( i2X G1-, .) 1--0 e t q((^ 5f 6-7 w, < ` Cam' i of (9P 28. �llb P. '.#34 N•C.ci)gf 29. €47";.1--- 4,0 L 's.e_ 4,,C , ''f? T() 30� Ca (.7e1 C aU_e_--, xl _ c ., ex y(xsz) 32. _ ' V :'- 34. J(1 vgz F /4,1:_271/03 JV. CI .� s 35. d )V6 c /Ae 472/ /3 NC -f 36.g gx,_ T -A-kJ-€-1 v-t, 0) 0 / ) 11( i (-:- (-1,4„,,‘ 4. rd 37. dtr i 4,{ue-- V MS e . 6-(A (1-►. 9tq cb / • 6r9Z04 3)3 j 0,v, g /OS. JJ 3"� l),64 Lit 1.0 (77 PETITION TO PROTEST ANCE OF LIQUOR LICENSE T ' RINA'S RESTAURANT AND/OR TO PROHIBIT THE SALE OF ALCOHOLIC BEVERAGES DURING SCHOOL HOURS We the undersigned parents and concerned community members support the actions of John Otis School to prohibit the sale of alcoholic beverages at Karina's Restaurant during school hours. The application may be granted if sales are restricted to Monday -Friday after 6:00 p.m. and weekends after 12:00 noon. Print Name Signature Address 1-• 1 may_ % A0-e- NBapyn / (7r1y0a, v"7s1.) __74is--- `ize+ i �t9dvs 9 Ctvi- 2011 +=_ Q,Ie, -4LI NtekriorIAL. iTy . 4-ci4C0- 0. c'" r 2011 F, AJc" Li 11kincip„c.. cc.i-ti � // s ` 2�2_5" F, .4),t V /11, 7;O ( r-y 1). ' .10-ZS F,L A v lr 4 /JgTT o/ti i-C I r( _,vryvA V1 v_vW\Cla_ 06'o(L e GDff Z' Il\L1c= c-8 ti\-1T\©tVi4LCI li\kW 2_ VA I\ G o (L ._. - 9_011 � 4 N\a ) ockL a>_ciT) -S;-v'D `,v t_ me Lt t e_ _ ,lvAT ►4', /'zi, (, - oar,, (Tc d (°,, : ,A lr `.At- , `L-L) -t OD S F ,-f vim" 4/7 7 (9i1 �f\ mil? ! r P`V Ps17, c 6.r-%YSL e n PETITION TO PROTEST ANCE OF LIQUOR LICENSE T NA'S RESTAURANT AND/OR TO PROHIBIT THE SALE OF ALCOHOLIC BEVERAGES DURING SCHOOL HOURS We the undersigned parents and concerned community members support the actions of John Otis School to prohibit the sale of alcoholic beverages at Karina's Restaurant during school hours. The application may be granted if sales are restricted to Monday -Friday after 6:00 p.m. and weekends after 12:00 noon. Print Name 4/644'-tepi Signature z„ r4C Address ny-7 zejaa CI c - 3-c$ ,iana7C ,./�' 53. m al CC P'O till '� U\On . i O QA, _S%.0c/ n%c1 v I `(j �'-eW _51pi e5°/ 0)4. V2.)1_2 54A-A( 2;70 it Ar-r-A-e/4'n6 /9 /S 'A vt - 9 �A-Tic sdAZ ci7.y C,F `- / r-C� 55. LGvrae S a cew /g 2 - 4-(0v►m t_ R- ( ei CQ 41 `is& 56. t-/4 7 niteg ANd /9L( E 71-d/ E rl/+ ✓ '- <%L7?'I G/lg4-0 57. &4_SJ26,- Ala eicl/,� -e4-Ji - `/1n ,9e7"1vL', n-il bna l C),, f , %/95� 58. '' /)- j "'V /� e „„taz /tabr -)ai 6. i 6� 0. 6 „t 1/FerYVGb Cle 4 2 1_ at S /l,t,L-i cvi,,,i a) 62. _ Cif � ��4r�% c n C�; Ac,, t`' cc_ '.1 2_, F= c:,v� &i, --,- ,A kci \ o - 0_, ( 1 c5-0 63. W -? 6 ci. / 6 / 64. `� t ` I4 (7 AL/J NUf onac/ e e, qI "c 65. ° f/f7 ;[q g! 1 r' i, A' il:‘'' • PETITION TO PROTEST ANCE OF LIQUOR LICENSE T RINA'S RESTAURANT AND/OR TO PROHIBIT THE SALE OF ALCOHOLIC BEVERAGES DURING SCHOOL HOURS We the undersigned parents and concerned community members support the actions of John Otis School to prohibit the sale of alcoholic beverages at Karina's Restaurant during school hours. The application may be granted if sales are restricted to Monday -Friday after 6:00 p.m. and weekends after 12:00 noon. Print Name Signature Davriep ictv1,7,(4:_izz Address 2 ,(2 2 66. 67. -`ie-- k•t 1(1 60117-0-lec) 68. 0:0- (.Y‘ oL_cis 0 1 Lt E • ii 6L-1, (ri 69. N YiCiar‘Ct \-k , •.,,--( c't v RL_ —5,- cc.e. AcS-L0,Act-I a .1--A uk et t el 5-ts . 70. f(-T.? tf,70,A,- (2, .-ei ca.. - Si c/V:i (- 3? e--2-•/S7fr ST /i.e. e 71. tl/rci 67/1.S Y/' O P a' , 6411-0._ r 4ue ioL, AMT/e11. MI City (1-4 72. J L e-Sck 0_ . 0,100A- 11,24 S tat-Ve- Alf-.6 oct Von,e CA' C4 .q 73. yOfic. d, 0,,,-//z . a% 4ano4 JI. ga,e4 o Ci 04.13( 7 . Re" tic.4. Oargac i3L71? 11401-tiCcvlj A (1 Pt er 4 /0 r 9 75. 76. 2.tot D 77. 13 Clef - CY- ,-..5. //'•4c•- / 3 5 .4 v rue 4( 77 / 78. 9 (9 So 9.0 If;f: PETITION TO PROTEST '` ANCE OF LIQUOR LICENSE RINA'S RESTAURANT AND/OR TO PROHIBIT THE SALE OF ALCOHOLIC BEVERAGES DURING SCHOOL HOURS We the undersigned parents and concerned community members support the actions of John Otis School to prohibit the sale of alcoholic beverages at Karina's Restaurant during school hours. The application may be granted if sales are restricted to Monday -Friday after 6:00 p.m. and weekends after 12:00 noon. Print Name Signature Address 79. --rAt•AfAR% --M.\14:AL0a) is ca7 __ la\)r Nil- r infJfic. (ay oa. 917. go. .s:\vult--,Pet A -Pt --r68(4 9-1465 4,' 81. 'N \ 7(13"-C1 \ Cr 82. A. c-\\/E qc\-0 Q___>. c‘kcir2) 83. Ro3cht.‘ 0 \--L-CYA-C7 ° .-1a0 O. (WC CO C CA q16160 84. 1 e3/ i= A v /ti/4 7- tiTY., 85. e!,11 /9-/ /:/11/ -/•K) 0.c1-7—/ 86. I ( iu6- c /qv, c ,- Pi:017v, 87. \ncaGC._ AC-12__AKE_00 i rz_\ __- p.0 „ c.--‘3 88. . / 6 _ Xe /7(i /,74/7',/,0 ,-/ ki F Au, ,0,0/ c,V, 89. L-7 C '-'_?4\ (-)1 1 e?_ 702 zzii 6( 90. Pk' Ze'e Cc o A (_) r0 11 d-S — cki CvJ Q 44 / 91, (1- Y 17(67 , 7 C ' /-1 (o ,.1,, .;p4 (--1 0 PETITION TO PROTEST ANCE OF LIQUOR LICENSE T RINA'S RESTAURANT AND/OR TO PROHIBIT THE SALE OF ALCOHOLIC BEVERAGES DURING SCHOOL HOURS We the undersigned parents and concerned community members support the actions of John Otis School to prohibit the sale of alcoholic beverages at Karina's Restaurant during school hours. The application may be granted if sales are restricted to Monday -Friday after 6:00 p.m. and weekends after 12:00 noon. Print Name Signature Address 92. ' r e v-v7��,. I 32� 14J t if1I sf c OhG/Crly,U1-?/99s0 /% ///�/ 9�3.. Cauvt Jca 944 fik-e-. i L ,.,.,k,4 1 y r.s 0 t _5 i P. e- 95P _—)q-A_:--1-‘, te 96. _ 361d9 L/enav e e 97. fi A w L E- /:3/7— 3/O "J" /=V.'1/,Ca 98. 93 e C� tiL 8 99. 100. 101. 7.01 3,5 6*1! tic, " ic = 102.sc 4/Ctr c_ i\C(1i CV-- - C13) f 7-7 C `L 103. U 104. L IB A !u __ / ra3� ° ' rv,47-, IT (7fz 9/s PETITION TO PROTEST ANCE OF LIQUOR LICENSE T , RINA'S RESTAURANT AND/OR TO PROHIBIT THE SALE OF ALCOHOLIC BEVERAGES DURING SCHOOL HOURS We the undersigned parents and concerned community members support the actions of John Otis School to prohibit the sale of alcoholic beverages at Karina's Restaurant during school hours. The application may be granted if sales are restricted to Monday -Friday after 6:00 p.m. and weekends after 12:00 noon. Print Name Signature Address 105. kV2.— G N- t (\'-c Ac(Vy 9I9'.,_ t'ci ,,CSC k AEQ.AC A, 106. 55A 5L A (5U , 5e k55 H5 5 , 45 5 5 5 5 01`15.s 107. Ga.1ACW,1 -.-kI(C.vt c Z 3 (,1t16,5 5 09-D--13 108. V)\k/'\' \q,1\-1(qC,-q5 rvl_ Av-E ")5l'o'rta\ 0.AY.91COT 109. (\-J,-at 1 CA i \-\-:q :; `;X:iJ 0 L 117 -" ci C � n CR i c;1- r 7 l 5 c 110. - MThv ' \% (01 of 61)5 I _ k 1 i .. 5 _, '1 )-Cf S 111, J ic%5e1 U c.aSe 240 L ES 5 3 J[ 55 C,A `12- i) 112 ' . 5 54 113. F` 5 Vie ? f q ; 7 6) y ii Ir cm. 4) .L Ci4 114. 115.,\ 116, fl17. 5 5 5c JZ0 JZ � /2 JZ IZ PETITION TO PROTEST ANCE OF LIQUOR LICENSE T RINA'S RESTAURANT AND/OR TO PROHIBIT THE SALE OF ALCOHOLIC BEVERAGES DURING SCHOOL HOURS We the undersigned parents and concerned community members support the actions of John Otis School to prohibit the sale of alcoholic beverages at Karina's Restaurant during school hours. The application may be granted if sales are restricted to Monday -Friday after 6:00 p.m. and weekends after 12:00 noon. Print Name Signature Address Jo1 11 3 .Y 6 Per-. A/0 I '6 /-,el 1 C (" 7-i-) 0 V1f 0 d is-r7c , e71),0 f-✓rcv-d /6-1-3 E a7 4- de ' B Dlisiko tof/ C m 7/ a 1 W ' - [ / ! P i:- # /a co cx 9//0 1 12//4/2) U// r a30 iJ . o v_.z- z 0 6‘ NI, C r ,(, 1 i c_ _1)(') t ckve -'�t S N•C ,-1,(NG-c . c `7 I / V .�' 4 fin"" j /fie,. 1 E- 2_4+11 o s { _,or�G 1 C' l� .4- r A-{*tt �,w • ' � )t./t4; a 1 rr f S . 5 6 `- -- 1 ,iC1C./ /0 cc c ; ,-- � (.�T r--� `J�v� : p:�� .�� ��y 1 �9� � �,<< Z ��� � s �� �.4 _,) / / : // /f `_1'i417" r� L°li('i /(J c (2`) �T �'✓j U( Cd� ' 13- /37 )35 /3&) ;Li° ict PETITION TO PROTEST '3 . ANCE OF LIQUOR LICENSE T RINA'S RESTAURANT AND/OR TO PROHIBIT THE SALE OF ALCOHOLIC BEVERAGES DURING SCHOOL HOURS We the undersigned parents and concerned community members support the actions of John Otis School to prohibit the sale of alcoholic beverages at Karina's Restaurant during school hours. The application may be granted if sales are restricted to Monday -Friday after 6:00 p.m. and weekends after 12:00 noon. Print Name // Signature J a/ore_s U mod, d Address 026. E / - Aid 'S'?9 - /P�93- If' 0 )--ag ^"Q-}L(E be_endlc; .-e fGlCJ'nI 222-4 F - e . A . #2c NA N KA I City ;-- 2-- CO*• 2 2 IS 0 • Am- 44- Icb NOrti ov\o1l C.N . CA .1-ei.. i) Zc:t kl.:20 P\ I- R , )Q.a.\ \ Q C - 6 3 14, f% Cet#' c' _ Q, N 9/i,. 0140 ud.S .-1 t(- 1)°l // ,- y,- I), G. 2.b 05 r c=ty c 6 fl C 4wi57 » st P e0,6 7a 2 ;sI7J. el- ex , % /94-v c /S -., /& x •e -;-i c�h ;° -_,14,LA.,_ q,61r-t, / *--1 (CI a. 4-'t;v4-4) L G , /1/ JS i J) 1) t`I PETITION TO PROTEST ANCE OF LIQUOR LICENSE T RINA'S RESTAURANT AND/OR TO PROHIBIT THE SALE OF ALCOHOLIC BEVERAGES DURING SCHOOL HOURS We the undersigned parents and concerned community members support the actions of John Otis School to prohibit the sale of alcoholic beverages at Karina's Restaurant during school hours. The application may be granted if sales are restricted to Monday -Friday after 6:00 p.m. and weekends after 12:00 noon. Print Name Signature Address r- e:- e;,,,, A ,,x o _)41eiE c3 [ , o cd r (fY- ` C L r /1 6,L; /it o 19)va ra Rio % 6d 9' & il12 -; 2 ? . d/ ��/ �� -( 9/ciS 7 _. k o& 14E (wad rct_z AS‘rc, -E(QLhCIr� 431 . zLItx si. Apt- 102 Y AiOrvQ,L1 Q .:A-QP, qictO 6 e s 9', ,) c,-. ,C,zY d C? A 25 •__.----, j . .4 y C'L. 6, o✓r�e_47,4 / g -3 S a U e .cL // rr fJ l /V dTia n .cJ C� e 7 y , C A Fitz?) ►30 F qVr' iG 2 — - �/ 4 - -_2 9 C ) ' ?I i r 4 0 << )rc( rdeP70 30c,,G. c , v t. 3 1 I% 703 1J04)Act1 0i- `a- 9►4So H X I t m--- 7 cam; c_ii 9 /' s� CAse, 1-A41 12I.-s 11A676ld 1UQ, iValiortia I Klii h i01C0' y( ca 3 1(10 L.T au e nal-bna l cl \, C A- / /e/ ! / e i,C._y) S j d ,-,23 !. r--� r ,, I jI // /6'f 1(1 hp /41 112 i7 PETITION TO PROTEST I ANCE OF LIQUOR LICENSE T RINA'S RESTAURANT AND/OR TO PROHIBIT THE SALE OF ALCOHOLIC BEVERAGES DURING SCHOOL HOURS We the undersigned parents and concerned community members support the actions of John Otis School to prohibit the sale of alcoholic beverages at Karina's Restaurant during school hours. The application may be granted if sales are restricted to Monday -Friday after 6:00 p.m. and weekends after 12:00 noon. Print Name Signature Address im 1 fy . _ 17 , ‘ gig Aladrefie (-W-b4-ei -7V aliaX9 r.,& tr2/1/rPto -1u / I / 0 go 47e7 r- ,_, p,-,,,,- c,77 f ak ,263) J o,/,,Q_ ..41401a./ eiCi. 5,41,10ele _ ,v3c- :25 frvc- /r--197-. icy gier 16n / 6)? Dditlee. (9.3q7 a)-(Coa 1 (11(( Pp` 4 rAciELict b. --rz,c-F3 „till b,pvc, izi err: Jo6 IL) fr. Ci`15 ct-tevter440. - iq e- 143-7 (-I 1\.q- 1\19,-\- • WIC_ A. 5 C ) Abt a C i • ad8 0-A /-VSO (k/olir,...0L y1.11 iloG JO f2_6_ LOCE2- °III() e 177/1 57- - 5 7 95O r 0 .., c I mr6 (/9// c. ( c-; 0 i- )i a ii0c) z_.--- ,/ 9 tI A /9/ _ / () /7 () I:- / ( i ---(d 4 /t/ (7 2 7/ nr 11 1- ]73 /7l Z j74 PETITION TO PROTEST I ANCE OF LIQUOR LICENSE T RINA'S RESTAURANT AND/OR TO PROHIBIT THE SALE, OF ALCOHOLIC BEVERAGES DURING SCHOOL HOURS We the undersigned parents and concerned community members support the actions of John Otis School to prohibit the sale of alcoholic beverages at Karina's Restaurant during school hours. The application may be granted if sales are restricted to Monday -Friday after 6:00 p.m. and weekends after 12:00 noon. Print Name Signature Address S'•_•N, ----- (0 2 Z `t) PywQ. W a` cr c 14- 9 (Dmmmn PL Ji7 F P c-Nr7 cllq ) nc--; m ''17 eeL, d I }-17., (4:4_ r �h Z e G 0 e '--- 5 e_.____ ,),, 1 ( )1r0 U3 pc r 6 3 y/ nvfe 0. ��'Ctc'f \cT `)icTe 5ZU - 1- Z na\ c' 01 C ElAziiio, vc\ -90, Z DU -4�\() C\s W;OM\ (c .(--- • \ C 0 NA" 1' --<._ hd c. A_s 6OS ,�``s� ;`C.i %".3 �„iCjtY tC,/if i r`. f��if ; Cf.. Cam✓ �a 1.45f'(fZ ,,l ii,,f . i d 6-6 (4 C 11° IqL PETITION TO PROTEST I ANCE OF LIQUOR LICENSE T RINA'S RESTAURANT AND/OR TO PROHIBIT THE SALE OF ALCOHOLIC BEVERAGES DURING SCHOOL HOURS We the undersigned parents and concerned community members support the actions of John Otis School to prohibit the sale of alcoholic beverages at Karina's Restaurant during school hours. The application may be granted if sales are restricted to Monday -Friday after 6:00 p.m. and weekends after 12:00 noon. Print Name Signature Address 1 \11 Al C-A SA4A0-40 - - - - - 12-0 ll: AOC k.)-ki- ity.314, I 1 10.1/(/(1 a s AJAWadit c / r-y- t3o E GTI-1 jainqa 4' .... //),-- z--- 7f &,eao,vd / (-7'. Le ' 0..);/,4 ez L3C E-7,71- 1-):3-1 k . (2 ,..-} y .1.c-i3c) / d5 1c - ' , roc 325/ 6 'Pw.. /,). C c A *P3---0 )\ cow c, G c,. 0 9_:.(3.-. /E. '-3) fd S-V ij C_ CP cil@So a.. , ... ,,,,,, ozy 3ra 5-1\ NAr 6 i / r) (-; , , A/ / )7) (-6--,', -2_ /() /:E' 3 u 1- g4 - f t-I 9 i 9,c- , ,xg 7Oh7aC7 -2_0 - 3 e `, -5-A itJc ( . c 2ftz--t7 j(1 I+� PETITION TO PROTEST I ANCE OF LIQUOR LICENSE T RINA'S RESTAURANT AND/OR TO PROHIBIT THE SALE OF ALCOHOLIC BEVERAGES DURING SCHOOL HOURS We the undersigned parents and concerned community members support the actions of John Otis School to prohibit the sale of alcoholic beverages at Karina's Restaurant during school hours. The application may be granted if sales are restricted to Monday -Friday after 6:00 p.m. and weekends after 12:00 noon. Print Name Signature '/ H Address �`}-‘ g .2uJ S / C- . 61 /)0.-- 1S1S 'E , m- _ CA c11ctSc'� '-e / — ,. t6 e cQ — - '510a- a its L A 14, bk).c- a . 9(I: 7/,� cx at ICJ-,. )4/1_,2_ >2- - �/ ` -� F �4. ty l. j.//py -%l..l f� ' i /t �. /r //1 J/ ice.^ (.., �� (b---' )4 L Z 67 -0% - 3 C ,; - i)' 6 • C C. Y �r,v�;c4-i Mo a r(1 .G A\ic,_-{)1(y , cam. �F c e.2.,z-- --,4(.\/' , , -111j5 t- Curl C--)---""1- ` � -' b�G� �s- i � .� 1___L 0 dry' a,ig �aJ PETITION TO PROTEST ISe ANCE OF LIQUOR LICENSE TO NA'S RESTAURANT AND/OR TO PROHIBIT THE SALE OF ALCOHOLIC BEVERAGES DURING SCHOOL HOURS We the undersigned parents and concerned community members support the actions of John Otis School to prohibit the sale of alcoholic beverages at Karina's Restaurant during school hours. The application may be granted if sales are restricted to Monday -Friday after 6:00 p.m. and weekends after 12:00 noon. Print Name �.� Signature Address I, p ='�� 6, r � , /(/ / t V G r � t, L \F /14,1cf smiill /O2 o .Co-t�1S't, /i/tfi,•&;t,r/C ('-ty 9 cA- • ? /c/c o ]`. ST rv1 1 f , o , rya- CefIli. S_tyrcec-t l'm21 6-74HS4 fvz< tie, n s., cif/ 9) 9 6 . y- " -2 c- 6 y v2‘42, 717,->>-12.., / Cr C q) 5)c9 -L .= /1} 40 -,7--;71,- 7c- T____ 7/: 7 c�,,,Q ._ j / x; L,,e /o zo � ,%_ �/ ;�t �- `c �W / e-(/. (//,/ C 9J'-c, k-Co-C \c A.A1;7/4-/(- e- uY o a v�1 \ Y t- Z (o 9,`/ T Gu N c � C. . 91 q 50 Gti a i e� v� c� ine\c\ �-‘3r1 e.10S ia� y � 67) 3 \- U C`Vss° \ e: J QI - W LS'G 3(0M/et." jJq\,i0 u \ () ((. C c150 rr 0 1o21 N PCH O P TI L c t t-1 / I 7J9,10 Ji i,dira 1 L ,'L rr2( lTk '5417 E Jed2>-ct si. l'li a fah C--e (r Gi /CY; 57> /Q-r-4niii i,I Ci-Fv (0/9. a3 ,73 PETITION TO PROTEST I ANCE OF LIQUOR LICENSE T f •.RINA'S RESTAURANT AND/OR TO PROHIBIT THE SALE OF ALCOHOLIC BEVERAGES DURING SCHOOL HOURS We the undersigned parents and concerned community members support the actions of John Otis School to prohibit the sale of alcoholic beverages at Karina's Restaurant during school hours. The application may be granted if sales are restricted to Monday -Friday after 6:00 p.m. and weekends after 12:00 noon. Print Name Signature 9/ Address :idI c, Oioz G)6F- /6 T), 67- 4 i - - „./._ / 4 ,,Gf 0J 0 �i 2_ i(3\ Coc>Cicie aJ-c _ 6jcvo Uyi 2019 0 e- e° y\ckcb a00 e. nkie_ AO- 4+I L ' 29 r= / / ,L,1i 6:1, 0 1 a ,Con,tii h�n � o ° ' f i' piF itcaliorn( Ll I- j 0 0 \?--;a PiW.Q-/ (,3 E. g.q S t , clAi>4_ t o y Vo.-6.,&( c, -ea-e.€4 a) a ,a, b rm, *ice /Qu 'i JmI C d 4h7Ad4 9ii6 ,I,e AQ T -- ' 7 1,4607 .el,,,, 1 134 I, Ade 010.91A �� ) ci----,-,-- -,<Jee.----/c %� ` C.r�ii"��-' <?l�eJ�-�- /�y i / ,f -ia �v� D r !-C;V� /!C%�lnrizc/ ei�f,� �� l/P .•' 2' %F-!/- c7,11 d _/ /1. # 4l 'v iv C"� 2 4 V P T y . 2c1 o73? d-51 DOI PETITION TO PROTEST V' ANCE OF LIQUOR LICENSE T RINA'S RESTAURANT AND/OR TO PROHIBIT THE SALE OF ALCOHOLIC BEVERAGES DURING SCHOOL HOURS We the undersigned parents and concerned community members support the actions of John Otis School to prohibit the sale of alcoholic beverages at Karina's Restaurant during school hours. The application may be granted if sales are restricted to Monday -Friday after 6:00 p.m. and weekends after 12:00 noon. Print Name 1:i://e:400F.. -eL 1),41Z6A3- Signature Address 191,5772t12,47 al/ //76c, et cA,,wf JO en r L. q .,..e.., tbc-Lx-v-0%.... jel4c.:7-4 19 IS F evve -**7-y 1Otorb4 CAA( c,pv /icon 7 VS- f- lic-c 74.f(Azr.,-fi,7-,t/cii..org 7/.rc / r - /c7. 0 e",' 7' ,:2- SV / i. / & 1111,Pr114 -6) A c / A- /lilt Apk1-21 A/ e. C'otqic, C.)( voe'r) Acq2 Vic- F• nve- o\pk.-0 ie4 "C° k7,e q 1_,'1- i cs, cii I cri do z (/ )q /6 1/0 /7/J- /- au,•7447_ Ors- it="o64/01.4 611) ---i--onc c.---_,,,,,/m.,2, 0 7 / e1,1-0 IC / 2, e'f6 ra /9/ 5- F cze A tiE 7 �52 SC fi PETITION TO PROTEST I ANCE OF LIQUOR LICENSE T RINA'S RESTAURANT AND/OR TO PROHIBIT THE SALE OF ALCOHOLIC BEVERAGES DURING SCHOOL HOURS We the undersigned parents and concerned community members support the actions of John Otis School to prohibit the sale of alcoholic beverages at Karina's Restaurant during school hours. The application may be granted if sales are restricted to Monday -Friday after 6:00 p.m. and weekends after 12:00 noon. Print Name Signature Address It Dy4 4 " //f / 4u,- ,/Utioria/ Cirj %/o/S� "08/ea ,ea ,/ ILO( Y2 .1- /.' 4 GfJ; cry 9) qat 6% 711 PETITION TO PROTEST I i ANCE OF LIQUOR LICENSE T RINA'S RESTAURANT AND/OR TO PROHIBIT THE SALE OF ALCOHOLIC BEVERAGES DURING SCHOOL HOURS We the undersigned parents and concerned community members support the actions of John Otis School to prohibit the sale of alcoholic beverages at Karina's Restaurant during school hours. The application may be granted if sales are restricted to Monday -Friday after 6:00 p.m. and weekends after 12:00 noon. Print Name Signature Address ,CcrCAO CI Lit lhl(libaaH 9 / o FA-0 41mball d/a U3Q ( gigrO LJclui q(q,c) vico > car ( Q a\ccdc 3ara (tdoio le/4 Z?z/Clld �� is �` ,_:i' CC�1 k La. v`nc� 0 7 t k L r e o o1 CAy C'A GI 1 .i a. 211bh ave ,c-ya.�\one..),\ 6\-144/ 1I3716L_ 7 DQ/ 2 & A/Le.- /4 /r/ � 0' JQf eUic,u� R, 0 eV 4 N 9 p Ave. A 'T /03 ,E/• r,' T% �/►' .,� Nolv--.c. Vto,NA�vvq:_-z zccc B PvQ -z \1 A kc1 c(41 igrO 5d 1ST gigs( as1 �a3 Aco 7) PETITION TO PROTEST I ANCE OF LIQUOR LICENSE TO RINA'S RESTAURANT AND/OR TO PROHIBIT THE SALE OF ALCOHOLIC BEVERAGES DURING SCHOOL HOURS We the undersigned parents and concerned community members support the actions of John Otis School to prohibit the sale of alcoholic beverages at Karina's Restaurant during school hours. The application may be granted if sales are restricted to Monday -Friday after 6:00 p.m. and weekends after 12:00 noon. Print Name Address Signature "J Jesus V4z7uez cle Z- / Mira ►:�� �Q` 626p E -Eh 5-1-. Ao S 1(1konai ati Ca . c ck5o CO////o/frpiy16, Yl4.14(2,6, 8/ G� �- 6a6 16sT ?(--r"em'r7)) Qa.-1-(0,1-\e, C ( -LI Co . 1 CA 50 "6/7---)'(1)(7 l�/� o� -r ° 73Z E ) q 7-t1 S7 A) . ( CA 7) 57 Atnyx ar-eZ l yvC "� n/ l d (Le (9 ` r`k sr LTI Ot�la E Vet-. . 1 e-P ' 2-2- ` 0 F A O 9 D2f'3 - 0` C& - 919,50 Ajc -:»1c. ,M &-. r r - ,le/ N1 ri 1(15 v c_ (/T l CA . ql g(5() 4 g 4/ 66 L5 3 PETITION TO PROTEST ANCE OF LIQUOR LICENSE RINA'S RESTAURANT AND/OR TO PROHIBIT THE SALE OF ALCOHOLIC BEVERAGES DURING SCHOOL HOURS We the undersigned parents and concerned community members support the actions of John Otis School to prohibit the sale of alcoholic beverages at Karina's Restaurant during school hours. The application may be granted if sales are restricted to Monday -Friday after 6:00 p.m. and weekends after 12:00 noon. Print Name Signature Address cv /// Ccxa wt eo e (vol vt.a 1 114 S L= 4 @ IU NC G 1 Ci SAC) A,... 0. 5-0 c_,.),-„s 9-4o E . 12 9/` s—Q 7-ft-e,tr A-,-_,ai 6-507. 11 r-ii 5 '7" "ig 36" F1 .?'5, f'cdcb L k vvvo 0 let-2.2_1 A \i • q(oks--c 4( C f j (4 q` Ae 1) V C 1 qtetrco MATERIALS DISTRIBUTED AT THE CITY COUNCIL MEETING 4 Petition in Support of Karina's Restaurant e the undersi&ned are in support of Karina's Restaurant efforts to attain a Conditional Use Permit for the sale of Beer and \tine at their yational Cite location_ NA11I ADDRESS CITY STATE ZIP 1. t7-7TVS 8A-a otrzA 2. 4 yl.v ✓�4i'�I/ /�c`t IZSo 0)17'J C V c A. 7/ 4 // 3. t9( Gvndy Q. 7 9/q/( 4. 0 (14 V Q T) d r/110.9 Co C S r'` ,S -,L Ala)) &Pa l i J Cal q/ / 5 J -g"o most .r . 4 /tA /S A 5. V I ]-0v r n I 13CL borax A-Y-e I r. prr;43 -roe--6 C/ 41 ,e3Z 6. f f�_a-Vi< 4/9 (Z6( C rll A/0 Cam/ 61// ,rj C. C C 710 7. f run c; s «' fc5u _ /ey AvEs- sT it .ii d& Vrs r, C•4(- 9/ p'/ 8.v+A-2, e t'- 8 G: I�.EoA�r.4. C' . I/. C 1 / icA lb 10. V IVIOv✓c) l - U -7D CCi.rh t.^t O j e.'G1 116 bet dt, 2/ ".13 c t56-r. 11. Lj I'1'(-A 1rno Contreras IS LI eb6 -0? S ' • e r ✓ �.� 12. 474) /� Co-17A RAJ s z Xv.,/e.,.n4,2 D /2. %/O 13. * p\recC /y�/ I$ci t SebAsi o pa c)-1' _ C(•V . C pt , 14. Cifir-/5 &A/2 ,erlc:z 76 3 4" es � (/. ( /F/r/// 15. ju(fa alum( lisp( pMza flv yeattdc ►UV. &'f- (1/g1U 16. l -ic) I%rllid Ret'1c-7`/t�i 6 17. ofie- A vt -y.Cu-a. SIq le:li- N., C0.6A. giq%t 18. I !oi, Ll GO l e, Ie- -w. S 13 At Z1 I ¢..1.el cam, 01 IP . l'A. 92.1 ..5-t'i 19. J _l/l'_ 1 Ai ae2 - ` it feGR fete ,V ,V 60- l (I!/LI 20. Nip 7ilcz 6Z Y Pef� //r�wii+l'/ CVO,- c1C- -[iellc , Petition in Support of Karina's Restaurant We the undersigned are in support of Kaima s Restaurant efforts to attain a Conditional L se Permit for the sale of Beer and IA me at their 'rational Cite location. NAIVE ADDRESS CITY ST.�IE %JP `fi1Gtht, / /S' Tido NI fit,zirekihr_ &'2& f ?/rn nue - 5a lgl1 Le t." a'wo0o,s f--Sid-C.A D /S`0,2 ,JJ /PI A 8. 77e 7 Cu/S' 9. ZL.07 /-es 10. 304.00 v Jarcitt 11. Sty 6 5 S3 l< FLL �T dot c4 )ra &pH4 59g 614evAl P/C- (L Ji17 - girder (C% (if 977// /,C`41 Gorl.tt Lti, C.', C2/ ivorfl, pqw w,15vvi kve, fa)/ CA- 9a �s rc4 el 6011zQQ/t - . 37a/ if& sT s a _ c/ 9a.Ui 12. ZAP TAi��tA, 35s3 'S\51 13. LUS' cjAMr 17. 1819 /5:Y 20. )D 1 q a "-SC_ Gold 'a z S Cat, �a 4240 44 I Ri s A-4 5) c-2\ ' 2154 E- 9zi(s-zii C12i5L' 9a)/7 qmoz . c f 01212 3 s--6 N LTI O s. CA 9 //3 /1�f2 Petition in Support of Karina's Restaurant e the undersined are in support of Karina's Restaura,„ efforts to attain a Conditional t Ise Permit for the sale of Beer and Wine at their National Cite location NAME ADDRESS CITY STATE 7.I P 1. .le. L %JGC) .'ei /19H0L1 ps i 71 C.A cl l Ct 14 - 2. : Q'L S (-eM -.E -)-` 40 QNv n fi-v Art 44 S`)) 5Nts1 Ell ( Ill A- 9 zi o 3. j®rlf/�ite .. �'�`/� l "Ilk' W X S9 Aii jtt-e 2/ t� 4. it 4)Er E C items{ foes4v t kJ ac€eco 1C R21. MO b i' eatCZ- (COO 1'kum AVE-*2?-- SA-P b\re6o t CA- q 21 Sy 6. glIVIe We69 II, 6/4ftl e r-fi t lq CH*- v" M, CA- Q/9/z' 7. i -C' p —7J N 444/2 7cts / 0 bo,dA IC Ave.. s .17. -4. ' /•5- G� S, a e- - 2 /s- adrie/ arf// #//i� n049sc alit shah "d;5 Cal',/%/ />1_ ,off 1) &Ui-1, /4)7/ V rrFitt - eb. &WINisrr- ct j3 � / �- � ` ‘t n Sort (�st��r�a e�i . 11. INUv t; G✓t_ �i� ✓ "'+-cti--2 V403, ii cal �- I✓�:t J Olin 3 12.e e4u-vn o k2 13q 0 >crhq kiact ri—e t /(d/ G . v. npr. 605 ciAtt to 13. vczf A -CV /5 PCI pies si'' c..Inaa U «+c,,, rr1 , 9/�r// 14. DA- Lc; Ok, (R 1,e- I i (D26 Mcx) NI- \-' 1{- ► cJ &Ali C' Al G" °I l C1 1, 15. ' C.Vnrof lK(4 r' 16. 3w7 ill f: (\(/(r7 ra \o.Nl. 18 19. 20. 40,56/ti p 58 S c. Sr Vd7. tiiy t1v11 V/f- i,J . L. Petition in Support of Karina's Restaurant We the undersigned are in support of Karina's Restaurant ettoris to attain a Conditional Use Permit for the sale of Beer and Wine at their National City location. NAME ADDRESS 1. grit LC 4.4 JAL i CITY STATE 1.1L \t1L `III vI`oi 2. 44102 -710 0,amlrto klot reinc1 2Pl co n 3 04Litorre 4. 0 L / n.,- j 12 i_ Cc c-F .,::.. \i6-s- Cl k °►11 5 Ili �, & , ZIP 8. &(7Jio& Ira 1222 / 61,4 ) C Al? ' 910.24 9. MO;Ulra tLtLa viti C9 • 10. "a, c , Soriano 11 5 rlitivi to ke. St-11(- 646 •7O S E.Par 4.1ES `-f et, or? z� c� etrro San D 2,14( 11. 14I66r\C,\It4v?w0 0'mo111sore ate. Cajon ea.01102I 15. 16. 17. 18. 19. 20. Petition in Support of Karincc's Restaurant ORC11ll Ul],l1 ttiC 1cn1 it l)C lilts ,_112 C)i i-'Ccr till Lt \\ \ IL)CL1tiovi. \IF �iil)Iti SKATE ZIP 1. 1/946ec_‘& ° 6-1//e /, 44 5-ST A/i/'/E- $TAf t # to 05- v. cc_ / // 2. JO //1 3. (,� llr4,1s 'fin- 1 (1(( 4. (7e5ICil 0 .3 V - ,-55',0tz/}e/fX ..tv T• / f//�' t_ V c,it yw s. s,16ANq s o g o o F. t o TKA,J) a CA qd (o 6. J\Offl em r\cLz__ LAzti 1-icidena c o S © 0 ggr- . 6,> j• S/- . 1 ��- 7. 9. tr1 he 22-2 eY4 /1 qz (ag 10. '1U.rtci ct CrA8}effla -222B F4y ev.le-f y A - i CA; `lt (i8 11. 'lata . ;1'0 V S�- ems" __/w v i -(;7S-, c A _ 12- 'f Y (- 1 5 daq5 oN A aI3 CM it 5 13. Maria rt c R Ka 1544,.i It14. �_ _ g hrDtro IS ''' �hrao�c, I CA R2I ' -) ( cf BO (1,:11)DUIAL\ ni4k-Atqll, 16. 17. 18. 19. 20. 1-'etition in Support of Karina's Restaurant 10e the undersigned are in suppo_t of Karina's Restaurant efforts to attain a Conditional Lse Permit for the sale of Beer and Wine at their National Cite location. Ike=?CAC) V-VAOGAdEL WO 7 a, WC, at( &ctcw 2. \ c —- aci a 7 ,001,1-fi- 5. (-)`-' 6 a A_ 51 tiv CP 5 t-1 6 9--5 F i c a pa 51) ,(AL) c of cal 901( 6 6. 3 I)a e fespo ?Atop blvicAon 490 7. ifictoka Mav-hali Gill Cl is a G- cv c f\\ O v\vt-6Lmorn .M tat--El V tb f 2,1 l ; otilm \ Q, 9200E Zvi;tor\ �-' - 017)1. 8. 13. 14. 15. Sri n pz i,kei 'k 591 3 Eu4, ► ; / W 7 C^ithe Oal 64,*(7/n G//t) 020? 6 .5 if) tifv;) 9/9/y r yD CC r 67-0 s T cN 6.5 Cuba Ao)2i6 covv5i9Fy c7 F 16. p L p 1^�; '1 I� ry,n �y� 1 17. �,�'!-��J 1 � b ^� 6(6-\i��%� � „� �i t lt� l't`� "1 Li 15 18. ` L Q\\\ .`D'0013: 196 Va. / (2 LE-S. 7--- o 20. -O © ►'-re ran ` Arr - rd q 5:3knlee C 2-3 '7' f cif4 Ci-Zi g J • 4 yilid44LI 7- <-51711- 'WY la 5 'ToWkl C;, ectkie4A .S gal cn 9 )./(s 6 k 41-1/Z-- i `a Li ,1/4"7 I) S2C 7. ea- iNt btu pp, L 8 Q.- c AA-- s- OccitS e,c, /9/1 A st Otkwiti call 71 75° 8 Saut--ey- 9 d1/212-4: S /L) a-g-E--3 /9-02 e g •-",oad'ocIcj c) Petition in Support of Karina's Restaurant We the undersined are In support of km Restaw ant effortsto attain a Conditional Lse Permit for the sale of Beer and 1\ me at theirNational City ocanon NANIE ADDRESS C111 STATE ZIP 1.006i, (.(6 (Axtz- 441-41.. i\ls Art-, Cury CA N473 2. 10. 11 1;1211rCO ze,06,04( 12.tigo 8- AV- eV;) ri /I/ Ilq 0 C 2.10 t.ci+4 QIIALAC% !CI 119 11 A-GkAJ • 14. 1.16,_6,49_7 .11,4 2, ,2-e I 0 $4e- rge.Ee_._ :Diz-- ii-27-4-t4D 16. Nt k/ek Pbe--/ 6Z,e Z.._ ,Z--'- 6'0 $ tog-1-o s c/C- 4aeluiel Pnete- 9c 17 6/1.7 4ft ‹gis V Aff 1- 76 /) 3 9 de._ / lig vt- AA4 7t) tiai 4 Cc 18. 19. Fr; etiA N.° ea OC 2-1 3 5 4 L en U e 0 K. ws 15. 1) 20 y, hAeoi M7/ 15. 16 17. 18. 19. 20. Petition in Support of Karina's Restaurant e the undersigned are i n support of kat Ina.s Restaurant eflorts to attain a Conditional Use Permit for the sale of Beer and Fine at their 'National ( it\ location N A:NW ADDRESS CIT) STATE ZIP 04_ 7:2131 cz, 6. pe-2414,1). ,-K-oDefey-to 7 r- ;C&vC-N 8 \'J 1-k)(A-5 (*wok- 9 qeroirlcci, 00 cA G12116' G oVAVe_ r I Do 1 9- . A Ug 40;47; o/v4 fy6aci 9//30 11.30vdret 3711n 1Y\ -23.1 knqi /Ai D cci ZIP/ 12. /3640 .1"/":/ 'Dc5)617‘ ff7/-fr/ /VC c'/9I 9Zg5, 13.__QC/VT' /24( ,3cD kJf,"k SiO C__O\ V115' 14 lAc 4a gait)) 76444 64'.4,7-pf g-co dfliti e "i ei.1,74/ -7 097 eitAdo_uviir,.. fvfk) Aitk-A&PL kANA%crf 50S- 00 I s)-24_1 CIA y 01-1-15-1/44 1414 17.45-1 5P90. -Wr ,v/1) 4 4/ $ )) • .9.2/0 woo 2-ct croM4- 51" 5V 20. Petition in Support of Karina's Restaurant We the rinde'sined are in support of Kai ina's Restaurant efforts to attain a Conditional lase Permit for the sale of Beer and \.\ ine at their National City location. •507','i�� e'er-e .547 7. 9. 10. 11. 15. f� ��ry 16.NOJ ij �• �/ 1 j 3 �' 1 �l • Y GT 17. -li I ZA-P T / 1 �� , i C P' (, 3"g t'43 .�' �/' `C 18. 6/1)/)Cie /46,Q e- 6 W6,1 c5&eeY/»q Rd. tea& ,V6, cibt, Coo 550 ECth-l- 5/1-0±- #9/./ cligKe A v\ ),0,61,1 /(c '1.00 Petition in Support of Karina's Restaurant We the undersigned are in support of Karina-s Restaurant efforts to attain a Conditional C se Permit for the sale of Beer and Fine at then r'yational City location NAME ADDRESS C 1"1-Y STATE ZIP 1. 24L. e./ 34iiv 4osoel-i- 4. t,/arov ci G C', 9l C sa 2. ShI 1 Lf izr v (Qis6 1 %'-P: � c.+r1n S ��if�d'/�i/P. �(h�lC1Yl>� �,(� 3 . ( c� j v c10 g `i 5) q , 042 4. OA-v U CIA- V-11944M,ESTE bke-6-o cA- 9215ci Go rrzaktz ict Sc\sar‘p� Iu� �► C fl- q C�'S?� (> (' l'--o r-C) 1-10(/ Q 1x D e Col ot 2-i i 6. 8. Cs ef/vs-/o (0 /Q va, C1- � 6 PI s ov,tidieY 0 (A 9. F g7/10. F '.9-1i 41( give VVO-: WO 10 Se9s41 0'Ye a CA- 10.� !�'; °. IV 6• (> St ►. s 4, `1 "5° 12. 0-s-e LitiloVaAtio 027531 A- 4(. xt C. c 97ys 134 Mf V l,U.f&l t` ia9Azio 231 4 C� I ce)_w95 14. E 2 6Zp£\FN G- P- c. Pt50 15. J404 lobo,A "A" A V E a:JAM- Ciiy. CA g 16. E °loco- \ Y i 41 eZ Uh DJP3©' CA . V t. 17. 9Q4 Can -WOO 2etw bea wcJk.t'o(Z Paort.-6 C 18M lQ/\%vciz,V9#51/, .n? ,U. s✓'SI/i\Dtn�D2 qz,7 19))/(014_6(.-24rjol,u12 /77 2q NcJ xJJ elcht : q t 9TO 20. 4rony a4 c am. i 1h?? l r?2 % 6f _. /3 . Ti s.1 e ° 5.Z,, ' . � etition in Support of Karina's Restaurant We the undersigned are in support of Karina's Restaurant efforts to attain a Conditional Use Permit for the sale of Beer and Wine at their National City location_ N, M E ADDRESS CITY STATE ZIP 7. e 5O% e 4,7 ekwy a sc - k fLeXAV- � e1 -D (4 92'1'59 4e Villa, t! . cool yotlieg,ai 96 five \/ I / / 10.WA. U'Q rucv Cvtik c (6- f// 11. Viv t At -Ns s.7) 3 c./v-t (of 4.7c) . Err. - -L.A. Gt./ e 12. t7,4 �03, -/r 5t- 13. ul�sscr >4 r (.46.i 0 315 Y/ L,/r ,/2d V f Ceti4 9z z- Lve' 1 g 0 7-- A // c 15. 14 0 J�37 00aleyat, Ea.,/ Lv- G.V. 16. cit.5 .0471— cPi,d-2— 8G3 : 67 /1 1`) fi' 0 �2C 17. 5.E ✓ �y !/,/, C 18. �Nt-fi v � Rik 6 -Y % ,i ga?"- 6 ri 19.6C (1.S E. ii 263 ( ➢` 5" "1- qgro 20. DIR,rC)1 A vck(-eZ 3s"ficDe C Sfi . C. c11 SZ • Petition in .Support of Acir .;uu's Restaurant We the undersigned are in support of Karina's Restaurant efforts to attain a Conditional Use Permit for the sale of Beer and Wine at their National City location. NAME ADDRESS CITY STATE ZIP 1. 9/ALSO q m Ale, q/ sD 6. IE4 o k rir 17--V) G r'')-si1S1OK.' 195O 7. a tcde, Oft77_ - 12cjt? Es `:✓ 7Sio1..).. 9( i. 11 ijo'/' k -,,- z, ,, '(7,/ Ant,,',7 ZL (,/,),, 6 c ex 9'v5-Y/ 12. ��2(.1. �_ l/j7 C I f� 2 / ��i �� 1r; j Reed? G. l 3 2 13-%.Nt''y 0 n" `bu 8 <3 a /t`Is C 0,/) iti- \Y 1541+ Cc glen( 14. h w.045 D-- t- (Ao e- 4 15. :1") o` i 1 ,,,(cl 1 Ci — - 3 ('S � 65- m N 3t 4,1 p .' C A nu, 9� 16 Vie"/ 9' cr _'3 9'5 5 6 a(�-(4-i (4 5-7- c`—b of G �3c>. G/.l / 17 / . > i ell 4' , �f (/.- / / CSo _qf 18 19 20. /•0N 0191" 6-- ,01Q,f�- 67,56 ,56 l40is6' "l G&' Amy /`'6ni/, 9/fo2 / 30H'160442144 Petition in Support of Karina's Restaurant We the undersigned are in support of Karina's Restaurant efforts to attain a Conditional Use Permit for the sale of Beer and Wine at their National City location. NAME ADDRESS CITY STATE ZIP 2. 22q- CAeCePo % t CGJQL-IJS 6)4 JIM amsit,e_.A �mold ai oaP L7' 8. 9 1 10. CRR tbTi 11. 1-f LCi 12. ,ilia Cay.. rri.i` 14.a:1 - 1C v\ V a\\VAaet3a 16 ,Z c� 17 de�70 K ile_ 15. 20. 18 19 A�cIs co F►F4p Ac " \ e \\L o-.f� 1ra,v�-i-6 $fie LUOouC &P n-P'r\) cktvik 144, (4-gigti • �aerb tiT si= 2'4 ens f v!V °fie M 1"144-c g1 Qt. I' St, POr-+gS►w✓e rrre..eD c4 orci, e c aL(. c39'41l 'iz,d C.r-- Dig. ;, fo -1 k% A- 1 s _VA C Petition in Support of Karina's Restaurant We the undersigned are in support of Karina's Restaurant efforts to attain a Conditional Use Permit for the sale of Beer and Wine at their National City location. NAME ADDRESS CITY STATE ZIP 1. TOill /3-3 1--leirtoz2.1-0cx, Lit1 60040/g V it SO krill- E442,24-4-AL crAj. 2. C7>*--)— 71,e 25? 5 e 3 -1,\A„,,,&\,-, slbe, 1_,N1 S-Dotos 9919 4. V\Q-A .4 U1 " S- 5. CV 2 PteC-Lo..Att) 'S)t-losfec-k- kiekViorigt (‘Ty ct,tcrn 6. Aumuo gg,TAZcouir 375'1 Oevez 5AL1 ti516RC (Actv75 7. g-rt g 6147 pLac_A 03‘.cfP tici qi L 8 SE_,. ttiEtol F-P cAr )36C 1 / S-741 *7--954:sy /11. r 7-/95-c) 9 b,L LA,..-Lser-Z. -144 E /24c _sy 104 10. ci,c1 -Pe) c_€ 4t/GI 2_ce\ Aolo f! l'AA D. CA, 191 )PAUfl), 20. J>IC4CcL q/ 3 Ifkkerl g e&92IV 17. 01‘n 774S. Sf 5" 2 __5"' 18. WO/0V fvorda fk-1-*Ci (,,01(1Utf.g1,0 qr9-10.-t3L i!)! (-24( 4369( 3)11f0 cA- c7,72 1/1,:ft Petition in Support of Karina's Restaurant We the undersigned are in support of Karina's Restaurant efforts to attain a Conditional Use Permit for the sale of Beer and Wine at their National City location. NAME ADDRESS CITY STATE ZIP 33 - 51) C' 1 9',21 6. EJf uM fg 0 f i - as L �-'- \v > \ N �p . ct - 'L 5 //,% C;. `1 9l PR.S q114`} ,i _ C 12 7. a l/ , 23- :35" s,,rr o c-4 8 SC, V_'jiC) re f, 4' 4-.2 `p Skftli Ale kohl,.,.., ci fitA I l" 9. 0' i, Ci 03 lo. Oa6Z y'1 �, r i ,� 0 S `� ►"'� , �Z 1. �-- S > `1 �-1 �-. 11 event CC O ZO 865 Kae A C CO.IC q 12.FYo-4'1c gCe.) 41CW 13 . 1... A L, A 1 vrc ,-e—) 43 6 14. 5C� %i7Qe&i 213 rock 5 d/t1ikt/ed C14' gZf6L 15. 16. 4 Ect, l it 17. t, De-4 0i \V�ti �,, 3 t\1C:-4% 6� ij 18. ►icroe '" e � �( 7 r® e1f+� C i'7y 19. Di Zia 0 LS e. AA. ' a.02 20. d q , t +`'S-1 k)i‘cn ( 0. 7050 A CC34-c" I C. \ Petition in Support of Karina's Restaurant We the undersigned are in support of Karma's Restaurant efforts to attain a Conditional Use Permit for the sale of Beer and Wine at their National City location 1AMU' ADDRESS CITY STATE ZIP 1 �(\\k-Q-)\)AR--1- 0eAncel)1 9. i(,4,4r$ Jc.fruit 13. 0 /irw2 -Uz s )/O /7c,,7e e ,3i) P2i6-Z Gl1.1w. - V! - CA C L- vtw-CA g19II I411 7:1-6-rcs 10. o'\ ck� 11. 12. 13 14. 15. 16. 17. 18. 19. 20. NYv t o lca& cx\-: Q'r-Iy A �7 7410 6"e 1h..d „1/24„ s' 1#2.fs7 1-0,E2 z,DEAl t_sA,Joc "tog - D C}NuLkv 0 . `(f C `o c530-3o 5#9. cp- 3675, g__L\ `UPI '%�J ��� Nv/tet_ 1/ 0 a, TO ••—.e- "TA Pi a 1t ctckC Vti ancu. 1•1--q\e'it -06• Qvvv)\-‘ .oz -4717) a- 5 - ,Si • 3 LI •6I I 0i \€ in ci 5 ,/vv,-/t-L, 37"\Al 81 eS" //0 _22i-/05'25. /70"-g7,," a.'-.,--ygi7,#° LI AelirtY) nse // • -w/&c,y) )yzit /41/216/r VDAS °—Z 5Y -)-3/10/71 °al -ScPrOfifri /RY)) •91 _in-7.791/01 07 •D I ;EI 01 htQ cL\Ar 9 H09 ID 00)03 qua 1 \\O V D 211ZU7 9 Z13(1 ID\AVQ 0/6/Z fr/e) C //JJ " I —t-ccV) 111T •E 0_42Luo j OfraPi? )092 ri d "-HAAS SS:48(1(1V :Mt' \I uoile;w1 iritonu\ il;qut au! \\ pup laag Jo aip,. loj inuiad 1uoilipuo3 13 U1I 01 SI iojja murrun.S0J S PAIIII3N LI0d(I11S Ut ;)m pausTapun aql a immmysay S6 011iJON JO isiOddOS Or! 110/itlad 19. 20. 1. Petition in Support of Karina's Restaurant e the undeisnmed are in support of Kai Ina- s Restaurant efforts to attain a Conditional t_ se Permit for the sale of Beer and Wine at their \ ational \ location \ ANIE ADDRESS CITY STATE ZIP 2 Roqb Leon V\01-elirOt 1-6196z-- 4. 5 6. \ it 4 2-/c 4 kc :,) ,4 . c, -n --rt4teto 00 01 Ave. aV.a.qEq dis- 51 1-frt; S-D (21 /4 001--1. •QL i 4 (W/Q2055. 54 Alia) 7?1/ (1). 9/977 7. 4)L 5) c4 r9 10 ft-15 1M-0 1-1-tik St \-- CA 9 PS-0 4t2:4-ec722_t;Ne_1 A)ck 4:C. e-SI T., 8. (DOW( iZ A't 10. cxLA '1),exe_2, tt;-),e_ s,ct q2A- \•00,\ oP-crAvE--K,g16 CV Q 7C ( 12. a° t. 3 it) A /rev 13Cck-SpW pc_je1/9‘ei; solveL() 9e/ h Av€ 6-rve.v- 14 c,;,.1 40,v eceP Zeal"( er-egj Z-reT,40-1 tit.6.40 9 ci 2/ o_s 16 IZSAJ 14 1-16PPOZA 2,0 .11 OM 14,41IT gaiN \SAAJIQA i"?3 44- 91?-1 1 3 Ae4t, (698 rta„t, 143-r64C.V 18 6:Y(147 /11;(11,/i6iti74-76 41/i el r74- loc/o t)14.44- SI S11 61.04---dp4,)A SID-, C4 9 al/D (iirWvtcq Petition in Support of Karina's Restaurant We the undersigned are in support of Karina's Restaurant efforts to attain a Conditional Use Permit for the sale of Beer and Wine at their National Cite ?ocation_ N;kN1E ADDRESS CITY STATE ZIP 1. 8 2. Lto L 4. i"ldnU�, 5. 6. FajiL1 cry z__ 7. SLL A iLA *sA c`ciY \ Ct + 41 , utStesk �� • � (A-,-- 3 2 1 02_ 8. Gv',c_pc 10 9. Vetb 2.. OY1NC\LA `I36S7 Sam 9Zl'3h' 11. AQsuA • Cr.5rn00, /4ger) ,v7pc %Rv 3 10. jcc,N , a 12. \rj4/ 1 r/iS Z.a.r,`,.,,�e( indiG c f�or,i:id l�a�, cfi? Q> fz 13. Z2 3091 .A(J 0. I CA- .01 l k 0 14.q-Ac.Y1dOt( c2 t 15. Y,L-`-e-- LS2 �`Y\ S -Un 2D41Cto r bq 16. 17. 18. 19. C©6r-71tJ 20. Cfrr,4 •nu C 2 tl e(3 oc✓, Los finseled' O � 11' &-CA et 73 Petition in Support of Karina's Restaurant \.V'e the undersigned are in support of Kai ina's Restaurant efforts to attain a Conditional Oise Permit br the sale of Beer and Wine at their National City location 10. Aye 2 le 11. 4x.3_, or H 12. c.pl , C Q Mee r7-'CC/ 7_ 14. Nemr 15. r�e VA\t,tiL1u- t ( ZiPT e1,14_ e) c .11?1,0 1757s,q�ii tly��Gvf �ti�I�s, `t fg(I 'eit. t104,(j Vtccio �171.► 1i1 .a ui be4 scAAL4 A VISA(-Q , Q-46• crARAt 5Z4, AvwX 2? % ///4 01- 09 /3 t 41-1 tno.-1)1 0-0lc, J yL. GA, 6\\ v AJA 151-i Uki CA_Le-&-utiF-PA- c?295 WC 0-d /h 1si `�z7 c 4 Kft4 Petition in Support of Karina's Restaurant .We the undersigned are in support of Karina's Restaurant efforts to attain a Conditional Use Permit for the sale of Beer and Wine at their National City location. NAME ADDRESS CITY STATE ZIP ))hr 1i cc 04141 i3cl. 5f m?a (A 9 i fi i&! Ci0.. - (> c c-fir v NipiA- 1irYDIAn( Cr- x PL- Cv- Cfl Uc • 5 Al OAftA.401611 (� 3� rcsJ) caves e F C .Ako 5 ‘I A %Q I 10. 1S yy✓� O 2Co(C24 (0 CT ((L(( 11-A ®Q Cc 4/? e7Vicl(`) (49- Q V e G, _ 0 A CV/)' L f C g 12. ✓ / Ci/ > ' /J // ✓`ff l 13. 15. lTZ &-,r e,✓d4 'i/9, \fit s\ \-\ •r• S P v 23 CS Ni(ircov- i Sat- . 61Z 64/ . 16. Cid CLICZ' it) 3Qi 0.4 11 6f - rau•^s, . 3301L 1 7. 18. Larr 19. i ULC't CCt��� 20. 1.CU o Rirdl Cd4 ©-iracAce Qt[0, Q(4(( Petition in Support of Karina's Restaurant .We the undersigned are in support of Karina's Restaurant efforts to attain a Conditional Use Permit for the sale of Beer and Wine at their National City location. 3. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. July 20, 2004 Mayor Nick Inzunza & Honorable Councilmembers City of National City 1243 National City, CA 92154 Dear Mr. Mayor and Honorable Councilmembers: My name is Gabriel Hernandez, and I am writing to express my support for Karinas Restaurant's application for a conditional use permit to sell wine and beer at their National City location. As a peace officer at Donovan Correctional Facility, I understand the community's desire to have safe streets and a crime free atmosphere for their families. However, I firmly believe that the management and staff at Karinas Restaurant's reputation is above reproach. I have witnessed first hand the processes and procedures that Karinas Restaurant employs with respect to serving alcohol and controlling the consumption at its three separate locations in San Diego. Karinas staff is trained in the handling and serving of alcohol with the California Alcohol and Beverage Control and furthermore, Karinas has a perfect record with zero infractions or violations. Thank you for your consideration to this matter. Sincerely, 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: CUP-2004-7 Project Location: 1705 Highland Avenue, National City, CA 91950 Contact Person: Martin Reeder Telephone Number: (619) 336-4315 Description of Nature, Purpose and Beneficiaries of Project: Conditional Use Permit for beer and wine sales in an existing restaurant. Applicant: Karina's Restaurant 1705 Highland Avenue, National City, CA 91950 Telephone Number: (619) 477-8877 Exempt Status: ❑ Statutory Exemption. (State type and Section No., if applicable) ® Categorical Exemption. Class 1 Section 15301 (Existing Facilities) Not a project as defined in Section 15332 of CEQA ❑ Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: 'l'he project will result in no changes to the physical environment, since the proposal involves the sale of beer and wine from an existing restaurant. Date: Martin Reeder Planning Technician April 13, 2004 TO: Martin Reeder, Planning Technician FROM: Ray Allen, Lieutenant SUBJECT: CUP-2004-7 The National City Police Department respectfully objects to the issuance of an ABC Type 41 license for the premises doing business as Karina's Seafood Restaurant, located at 1705 Highland Avenue, National City, California, 91950. The objection to the issuance of the ABC Type 41 license is based upon the provisions of the Business and Professions Code. The first objection is based upon the provisions of B&P Section 23958.4(a)(1) High Crime Rate Area. The applicant premises is located in National City Crime Reporting District 230. The most recently available crime statistics indicates this reporting district has a far greater crime rate when compared with other reporting districts in the jurisdiction and exceeds the maximum allowable rates as defined in Business and Professions Code Section 23958.4(a)(1). Currently, Reporting District 230 has a crime rate of 153.1%, well above the 120% allowed. The second objection is based upon Business and Professions Code Section 23858.4(a) Undue Concentration. Records indicate the applicant premises is located in Crime Reporting District 230, which is included in Census Tract 0117. The maximum allowable number of licenses permitted in this Census Tract is seven (7). Records indicate there are currently sixteen (16) licenses in the Census Tract. 4 The third and final objection is based upon 23958.4(b)(2) Public Convenience or Necessity. The objection regarding Public Convenience or Necessity is established by the excessive high crime rate in the reporting district and the undue concentration of licenses in the census tract. It would not be fitting or suited to the public need to establish a license that permits the on -site sale of beer and wine in this reporting district. Your attention to this matter is appreciated. Should you have any questions, comments or require additional factual data, please contact Lieutenant Ray Allen @ 336-4514. NATIONAL CITY, CALIFORNIA APPLICATION for X Conditional Use Permit Planned Development Permit Planned Unit Development Permit 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 C 1P dUV K -1 Filing Fee $ I , 3 Q-S" Receipt No. Date Received 311t®C1 By E.A.F. Required N ($ Fee $ Related Cases LEGAL DESCRIPTION OF PROPERTY: (Attach if insufficient space) PROPERTY LOCATION / 7 O. /�� G% Ai/ No. between /l .f and / % i S% Street COMBINED GENERAL PLAN/ZONING DESIGNATION Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 REQUEST: The Applicant requests a Conditional Use Permit (Chapter 18.116), Planned Development Permit (Chapter 18.126), or Planned Unit Development Permit (Chapter 18.30) to use the above described property for the following purposes: PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: 1//UG EL C C oWJtii.E rt s Name: Signature Signature (Signature a knowledges that this (Signature acknowledges that this application is being filed) application is being filed) Address: / 7b5' /-% j i /41.Ii ,4t . Address: �e/ ,�1 l,Ty/ -' 7/i/O Phone No. �G /9) 7 7- g 7 7 Fax No. (,/`l) 6/7,6- 7 Date: 2 -- 2. - e G/ Phone No. Fax No. Date: Conditional Use/Planned Development/Planned. Unit Development Permit Application Revised December. I.998 APPLICANT Name: r/ .J /„✓ Gv.✓?`,2 6 (Please type/or print) Signature: 601,,,t,.1! - (Signature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: / 7 0 3' hth f' Phone No. Fax No. Date: C6•/) 4/77- Sig 77 (6/76-7%g6, 7 Conditional Use/Planned Development/Planned Unit Development Pennit Applicatio Revised December, 1993 Page 3 of 4 JUSTIFICATION Section 18.116.020 of the National City Municipal Code states that before any conditional use permit, planned development permit or planned unit development permit is granted, the applicant must show the existence of the following facts: 1. That the site for the proposed use is adequate in size and shape; and 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use; and 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties; and 4. That the proposed use is deemed essential and desirable to the public convenience or welfare. The above findings must be incorporated into each staff report for a Conditional Use Permit, Planned Development Permit or Planned Unit Development Permit presented to the decision making body. Each of the findings must be found to exist. As the applicant, you are not required to provide justification of these findings; however, the information can be useful to Planning Staff when compiling their report. Please provide any additional information which may be helpful when considering the application. Conditional Use/Planned DevelopmenUUPlanned Unit Development Permit Application Revised December, 1998 424 PATIO DINING SS1(f IN 22 6TSQUAAL REOFt T DINING ROOM 948 SQUARE FEET DINING ROOM SERVER COUNTER COOKING DINING ROOM STORAGc KITCHEN 1 u rn STROO.} RE$TROOM KITCHEN PARKING LOT NATIONAL CITY BLVD. 1-38'-3„ KARINA'S SEAFOOD RESTAURANT ORDER NO 40204538-40 18488 EXHIBIT "A" PARCEL 1: THE NORTH 88 FEET OF THE WEST HALF OF THE WEST HALF OF THt SOUTH HALF OF 20 ACRES LOT 1 IN THE QUARTER SECTION 133 OF RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY,- COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAX 11, 1869. EXCEPTING THEREFROM THE EASTERLY 150 FEET THEREOF. ALSO EXCEPTING THEREFROM THE MOST WESTERLY 40.00 FEET THEREOF AS DESCRIBED IN DEED TO THE CITY OF NATIONAL CITY RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 4, 1987 AS FILE NO. 87-671617 OF OFFICIAL RECORDS. Karinas Mexican Seafood 1705 Highland Avenue National City CA 91950 619-477-8877 Fax: 619-476-7486 To Whom It May Concern: This letter is for the sole purpose of a request for a Conditional Use Permit. The hours of operation will be from Sunday thru Thursday from 9 A.M. to 10 P.M. and Friday and Saturday from 9 A.M. to 11 P.M. We at Karina's are very strict on the hours of operation as far as the closing time goes. All employees and clientele will be leaving no later than the time of closing. If on a heavy day like holidays the restaurant will always close on time, but the employees will be the only ones in the restaurant after hours, doing the closing procedures. The beer will generally will be kept in two places. One of them will be in the back room warehouse, where all the dry goods are stored. The other, will be an ice chest "type of bin" made especially for the beer, so that it could be kept cold over ice. The beer bin is to be kept behind the counter not visible to the public but with access for the serving staff. The customers will ONLY be allowed to drink at their table. Karina's policy does not allow for any clientele to stand or walk around the restaurant with a beer in hand. There will be a Manager on duty at all times of operating hours. And there will also be a security guard present for an added measure of safety. Sincerely, Evangelirya Contreras Owner 4 MAR 2004 FM 3:09 March 2, 2004 City of National City Planning Department 1243 National City Boulevard National City, CA 91950 Re: Karinas Mexican Seafood Restaurant, 1705 Highland Avenue, National City, CA 91950 To Whom It May Concern: Karina' s Mexican Seafood Restaurant, is respectfully submitting an application for a Conditional Use Permit for a Beer and Wine License at 1705 Highland Avenue in the city of National City. Founded over 23 years ago by Arnulfo Contreras and his wife Evangelina Contreras, Karina's Mexican Seafood Restaurant is a family -owned establishment that has four locations in the communities of Leucadia, National City and 2 in Chula Vista. Karina's Mexican Seafood Restaurant's application for a Beer and Wine License is essential to provide its clientele with a full array of beverages to compliment its traditional Mexican seafood menu. Karinas Mexican Seafood Restaurant is committed and vested in the communities it serves by owning and operating its establishments, thus ensuring immediate responsiveness and maintaining the highest quality in product and service. Karina's Mexican Seafood Restaurant has always been very proactive and responsible with the sales and consumption of alcohol on their premises. The management provides extensive beverage control training to its servers and provides uniformed security guards to ensure a safe experience for all its patrons and staff. As a result, Karina's has not had any incidents, directly or indirectly related to alcohol at any of its locations. Thank you for your consideration to this matter, if you have any question please contact Alex Navarrete directly at (619) 476-8648. MEETING DATE July 20, 2004 City of National City, California COUNCIL AGENDA STATE ENT AGENDA ITEM NO. 12 ITEM TITLE Public Hearing — Amendments to the General Plan, Housing Element, and Title 18 (Zoning) of the Municipal Code regarding Higher Density Residential Development in Tourist, General, Medium and Heavy Commercial Zones, and Related Development Standards (Applicant: Bay Canyon Development Co. LLC) (Case File No.: GP-2003-6/A-2004-1) PREPARED Y Roger Post 336-4310 DEPARTMENT Planning EXT. EXPLANATION The Planning Commission at the applicant's (Bay Canyon Development Company) request initiated the proposed amendments, in order to allow a project on a property at the northeast comer of 30th Street and A Avenue. The amendments will affect Tourist, General, Medium and Heavy Commercial (CT, CG, CM and CH respectively) Zoned properties throughout the City, excluding those properties in the Coastal Zone. They will primarily allow residential development in the CM and CH Zones, and change the allowable density of residential development in the CT, CG, CM and CH Zones from 22.9 units/acre to 34.8 units/acre. Consistent with the General Plan the amendments will encourage mixed use in commercial zones and higher density residential development near commercial development and major roadways. The Planning Commission recommended approval of the amendments at their June 21, 2004 meeting. The attached background report describes the proposed amendments in detail. Environmental Review Financial Statement N/A NIA Declaration MIS Approval Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission. BOARD / COMMISSION RECOMMENDATION The Planning Commission recommends approval of the Tentative Subdivision Map and Conditional Use Permit. Vote: Ayes -Carrillo, Alvarado, Flores, Reynolds, Pruitt Nays -Graham Absent-Saludares, Baca, Martinelli ATTACHMENTS ( Listed Below ) 1. Background Report 2. Draft Amendments 3. Recommended Findings for Approval 4. Location Maps A-200 (Rev. 7/03) Resolution No. 5. Mitigated Negative Declaration 6. Agency Comments 7. Applications BACKGROUND REPORT The Planning Commission initiated the proposed amendments at the February 2, 2004 meeting. The amendments are necessary to allow a project proposed by the applicant, Bay Canyon Development Company, on a property at the northeast comer of 30th Street and A Avenue in the Heavy Commercial (CH) Zone. Specifically, the amendments are needed to allow mixed use and residential development in the CH Zone, and to allow for a higher density of residential development than currently allowed. Given that the CH Zone is the most intensive of the commercial zones in the City and that General Plan policy encourages mixed use development in commercial zones and higher density residential development to be near commercial development and major roadways, it is reasonable to apply the amendments to the Tourist, General, and Medium Commercial (CT, CG, and CM) Zones. While the amendments have been requested for the above mentioned project, it is very, likely than a number of projects will be proposed with higher densities in the various commercial zones in the near future. DESCRIPTION OF DRAFT CHANGES General Plan and Housing Element Residential development up to a maximum density of 22.9 units/acre or one unit for each full 1,900 square feet of lot area is currently allowed under the Tourist, General and Limited Commercial (CT, CG, and CL) General Plan designations. Mixed use (both commercial and residential use on one property) is also allowed in the above mentioned General Plan designations. The housing and economic sections of the General Plan and the Housing Element are proposed to be amended to allow residential and mixed use development under the Medium and Heavy Commercial (CM and CH) General Plan designations. Additionally, the amendments would increase the maximum residential density allowed under the CT, CG, CM and CH General Plan designations, excluding, those in the Coastal Zone, from 22.9 units/acre to 34.8 units/acre or one unit for each full 1,250 square feet of lot'area. The proposed amendments are consistent with General Plan policies that encourage mixed use development in commercial zones and higher density residential development near commercial development and major roadways. Additionally, they will only increase the potential for National City to meet the housing production requirements of the HousingElement. Title 18 (Zoning) of the Municipal Code Numbers at the end of each title correspond to those in the attached Draft Code Amendment. Mixed Use 1. Regulations generally, 18.140.030A The amendments will allow mixed use and residential development in the CM and CH Zones, in addition to the CL, CT and CG Zones. Either mixed use development or the development of two or more residential units on a lot in the above noted zones will require a Conditional Use Permit. 2. Number of dwelling units allowed, 18.140.040 The Code currently allows the same density as in the multifamily residential zones, which is one unit for each full 1,900 square feet of lot area (22.9 units/acre). The amendments would allow up to one unit for each full 1,250 square feet. of lot area (34.8 units/acre) in the CT, CG, CM and CH Zones; the maximum allowed in the CL Zone would remain the same as it currently is. The higher density residential development is more likely to be compatible with the existing and future development in the CT, CG, CM and CH Zones, since they are at the outskirts of existing single-family or lower density residential neighborhoods. 3. Design regulations, 18.140.050B, 18.140.050E The amendments to 18.140.050B will note that the open space standards contained in section 18.14.301 of the Code, will be applicable to multifamily development in the CL, CT, CG, CM and CH Zones. In order to avoid duplication, some of the standards that are already covered in section 18.14.301 will be deleted from this section. Finally, the current reduction in open space requirements for mixed use developments (developments with both commercial and residential use on the same property) will be deleted, since changes to multifamily open space requirements, described later in this report, make it unnecessary. The amendments to 18.140.050E will delete the requirement that Variance findings be made to allow exceptions to the development standards applicable to residential and/or mixed use development in the CL, CT, CG, CM and CH Zones. However, a finding that the proposed development project, including any requested exceptions, is consistent with the General Plan will still be required in addition to the Conditional Use Permit findings. Commercial Zones 1. Purposes of the medium commercial (CM) zone and purposes of the heavy commercial (CH) zone, 18.16.040 and 18.16.070 The amendment will add the possibility of compatible residential use to each of the zones. Multifamily Open Space 1. Usable open space in apartment projects, 18.14.301A through C The amendments will clarify that the open space standards are applicable not only to apartments, but to all multifamily (three units or more) development, including condominiums. This is not clearly specified at this time. For projects of three units or more, a minimum of 300 square feet per dwelling unit of common usable open space will be required. Based on a comparison of open space standards in other California cities, including the City of San Diego, National City's current standards are generally more than double the requirements of other cities. Finally, an incentive to provide private open space will be included in the amendments. Definitions in Title 18 (Zoning) of the Municipal Code 1. Open space, common, 18.04.460 The proposed amendments will clarify that this section defines common usable open space, as opposed to just open space, and that common usable open space area must be improved for active or passive recreational use. 2. Open space, usable, 18.04.462 The amendments will change this section to apply to private usable open space, which will be required to be adjacent to and accessible from the unit it serves. ENVIRONMENTAL REVIEW OF THE PROPOSED AMENDMENTS The proposed amendments have been reviewed for possible environmental impacts. The attached, proposed Mitigated Negative Declaration (MND)was circulated for public comment between May 28th and June 16th 2004. No public comments on the environmental review were received during this period. The MND identifies possible traffic impacts from higher density residential development as the most likely potential environmental impact. However, even at densities of up to almost 35 units/acre residential development will generally generate less traffic than the various commercial uses that could be built in its place. The potential traffic impacts, along with other possible environmental concerns, will be considered with each project proposal as part of the review of the Conditional Use Permit required for residential or mixed use development in the CL, CT, CG, CM and CH Zones. Each project that is identified as having an impact on the environmental will be required to go through the appropriate environmental review process, and if necessitated will include appropriate mitigation measures to lessen the impacts. Planning Commission held a hearing on the proposed amendments at their June 21, 2004 meeting. Their was no public testimony on the item; however, Commissioners discussed the potential of some of the changes to existing design standards to negatively affect the quality of life of residents of projects built according to the recommended standards. Commissioners also voiced concerns over allowing residential development on properties with commercial uses similar to some of the businesses operating in the west side. The Planning Commission voted to recommend approval of the proposed 'amendments. They noted that the requirement for a Conditional Use Permit for mixed use (both commercial and residential development on one site) will allow for case by case review of the above noted concerns. Additionally, they found that the amendments will allow for the number of new homeownership and mixed use opportunities to be increased consistent with the General Plan. DRAFT GENERAL PLAN AMENDMENTS 1. Amend page 28 of Chapter IV (Housing) of the General Plan to read as follows: In addition, residential use are permitted in the CL, CT, CG, CM and CH commercial zones, except in the Coastal Zone, and in the MLR manufacturing zone. These are described in the Economic Development Chapter. 2. Amend the population density and building intensity table of page 29 of Chapter IV (Housing) of the General Plan to include the CT, CG, CM and CH zones in their own row with a reference to 1,250 square foot of lot area per unit and 34.8 dwelling units/acre equivalent building intensity. 3. Amend page 37 and 38 of Chapter V (Economic Development) to read as follows: General Commercial: Permits high intensity commercial and complementary development along major roadways and in community shopping complexes. This designation also provides for compatible residential development limited to no more than one unit per 1,250 square feet of lot area (also referenced in the Housing Chapter). Medium Commercial: Designated mainly along National City Boulevard, north of 16th Street, intended for smaller scale mixed -commercial uses; the area is characterized by small properties with high lot coverage. This designation also provides for compatible residential development limited to no more than one unit per 1,250 square feet of lot area (also referenced in the Housing Chapter). Tourist Commercial: Located near freeway interchanges and next to the City'sa Bayfront, these areas provide services, goods and accommodations for visitors. - Except in the Coastal Zone, this designation also provides for compatible residential development, limited to no more than one unit per 1,250 square feet of lot area (also referenced in the Housing Chapter). Heavy Commercial Located mainly near the central and southern portions of National City Boulevard, and provides specialized services and repairs, and limited manufacturing. Except in the Coastal Zone, this designation also provides for compatible residential development, limited to no more than one unit per 1,250 square feet of lot area (also referenced in the Housing Chapter). DRAFT HOUSING ELEMENT AMENDMENTS 1. Amend page 30 of the Housing Element to read as follows: Additionally, residential uses are also permitted in the Commercial Limited, Commercial Tourist, Commercial General, Commercial Medium and Commercial Heavy zones. Single-family units are allowed in these zones by right, whereas two- family and multi family developments are permitted subject to a conditional use permit. Multi family residential uses in Commercial Tourist, Commercial General, Commercial Medium and Commercial Heavy zones can achieve a maximum density of 34.8 units per acre, and 22.9 units per acre in the Commercial Limited zone. 2. Amend page 31 of the Housing Element to read as follows: The minimum open space square footage is shown in Table 17. 3. Amend Table 17 on page 32 of the Housing Element to include: Usable Open Space Required for Multi -Family Extendable is 300 square feet per unit. 4. Amend page 35 of the Housing Element to read as follows: The City's zoning ordinance provides for multiple family units in the following zones: Two -Family (RT), Multi -Family Extendable (RM-1), Multi -Family Limited (RM-2), Senior Citizen Housing (RM-3), Commercial Tourist (CT), Commercial Limited (CL), Commercial General (CG), Commercial Medium (CM), Commercial Heavy (CH). 5. Amend page 42 of the Housing Element to read as follows: The City's CL, CT, CG, CM and CH commercial zones also provide additional potential for housing since the Mixed Use Ordinance allows housing in these zones. DRAFT AMENDMENTS TO TITLE 18 (ZONING) 1. Amend Chapter 18.04 by amending Section 18.04.060 to read as follows: 18.04.060 Open space, common usable Common usable open space means open space substantially free of structures but containing improvements which are part of a general development plan and are appropriate for the active or passive recreation of residents of a planned residential development. The common usable open space shall be designed and screened appropriately for its intended use, and shall have a minimum dimension of 10 feet. The common open space shall be located within the total development site and shall be used for active or passive recreational purposes by occupants of the development, or dedicated to the City for public park. Common usable open space shall not include public or private streets, driveways, private yards or patios, parking or loading spaces, or utility easements where the ground surface cannot be used appropriately for active or passive recreation, nor other areas primarily designed for other operational functions. 2. Amend Chapter 18.04 by amending section 18.04.462 to read as follows: 18.04.462 Open space, private usable Private usable open space shall be improved for recreational use by the residents of the unit to which it is credited. It shall be located adjacent to and accessible from the unit that it serves, and shall have a minimum dimension of five feet. At ground level it shall be screened by the use of five and a half foot tall dense landscaping or a wall/fence. f the space is four feet or higher above grade or at ground level but located such that the space faces a beneficial outward and open orientation the space shall be screened with three and a half foot tall dense landscaping or a wall/fence. 3. Amend Chapter 18.14 by amending section 18.14.301 to read as follows: 18.14.301 Usable open space in multi family projects A. For projects of three units or more common usable open space shall be required in a minimum amount of 300 square feet per dwelling unit. Private usable open space may be substituted for such common usable open space in the ratio prescribed in section 18.14.301B, except that actual common usable open space shall be provided in the amount of 300 square feet or 75 square feet per unit, whichever is greater. B. Each square foot of private usable open space shall be considered equivalent to two square feet of required common usable open space, and may be so substituted, subject to the minimum requirements for actual common usable open space. At least seventy-five percent of the units shall be provided with at least 60 square feet of private usable open space. C. Provision of usable open space in setback areas and court, and indoors. 1. Both common and private usable open space provided at ground level may be provided in the interior side yard and rear yard setback areas, within courts, and within exterior side yard setback areas to within five feet of the property line. 2. Both common and private usable open space located more than four feet above grade shall not be located closer than five feet to side and rear property lines. 3. Private usable open space provided above the first floor may be located in the front yard setback area to within twelve feet of the front property'line. 4. Up to a maximum of sixty percent of the required common usable open space may be provided indoors. 4. Amend Chapter 18.16 by adding section 18.16.040C: 18.16.040C For compatible residential development. 5. Amend Chapter 18.16 by adding section 18.16.070C 18.16.070C For compatible residential development. 6. Amend Chapter 18.140 by amending section 18.140.030A to read as follows: 18.140.030A Mixed use may be permitted in the tourist commercial (CT), limited commercial (CL), general commercial (CG), medium commercial (CM) and heavy commercial (CH) zones with the issuance of a conditional use permit, in accordance with Chapter 18.116 of this title. However, a single residence on a lot may he permitted with site plan review approval by the Planning Director where deemed appropriate in accordance with Chapter 18.128 of this title. 7. Amend Chapter 18.140 by amending section 18.140.040 to read as follows: 18.140.040 The maximum number of dwelling units which may be permitted in the CT, CG, CM and CH zones shall be limited to one dwelling unit per each full 1,250 square feet of lot area, and in the CL zone to one dwelling unit per each full 1,900 square feet of lot area. 8. Amend Chapter 18.140 by amending section 18.140.050B and E to read as follows: 18.140.050B Open space requirements for residential multifamily development in the CL, CT, CG, CM and CH zones shall be as required by section 18.14.301. As an alternative for projects that incorporate both commercial and residential uses, required common open space may be provided as landscaped courtyard areas for passive use, integrated with both commercial and residential components of the development. 18.140.050E Exceptions to the design regulations listed or referenced in this section may be granted in conjunction with the required conditional use permit or site plan review application if consistent with the General Plan. RECOMMENDED FINDINGS FOR APPROVAL 1. Find that the project will not have a significant effect on the environment and adopt the proposed mitigated negative declaration. 2. The amendment to the General Plan, Housing Element and Land Use Code, which will allow for residential development in the CM and CH Zones and allow for higher density residential development in certain commercial zones, is in the public interest and is consistent with General Plan policies, since it will increase the potential that the City will meet the state housing production requirements. The amendments will also encourage mixed use development and allow higher residential densities near commercial development along major roads consistent with General Plan policy. 3. The amendments will not affect the following findings made for certification of the Housing Element: a. The updated Housing Element substantially complies with the provisions of Article 10.6 of the California Government Code, including addressing the needs of all income levels. b. The City has met its fair share of the regional housing needs for the 1991-1999 Housing Element cycle, as determined by the San Diego Association of Governments. City and SANDAG records show that the City assisted 396 lower income households between 1991 and 1996, or more than ten times its fair share for the Housing Element cycle. c. The updated Housing Element addresses the dispersion of lower income housing within the City. The Element contains housing goals, policies and programs to achieve a wide variety of housing throughout the City. This is consistent with the criterion that there be additional opportunities for affordable housing not only in areas within the City where concentrations of lower income households already exist, taking into account the availability of necessary public facilities and infrastructure. d. No City actions or policies prevent the development of the identified sites pursuant to California Government Code Section 65583, or accommodation of the City's share of the total regional housing need, pursuant to Section 65584. As documented in the updated Housing Element, the City has sufficient vacant land for construction of housing needed for all household income levels, in accordance with estimates adopted by the San Diego Regional Association of Governments. No governmental constraints have been identified that would limit construction on the properties affordable to all household income levels. 72, i 7 CITY OF SA, . MEDIUM AND HEAVY COMMERCIAL ZONES I Ti Medium and Heavy Commercial properties where residential develo:. meat will be allowed b NA IONA CITY BOUNDARY amendment GP-2003-6/A-2004- T II PL A NNING DRN. DATE: 6/15/04 INITIAL HEARING° 6/21 /04 Minium= r 111111116 1ntmmuuul: :: �uuuumnrry� Ste:: aw�'I I w�: t IIHi 1000 0 1000 Fee( T Tourist, General, Medium and Heavy Commercially Zoned properties GP-2003-6/ where allowable dense would be increased to 34.8 units/acre A 2004 1 N A r 0 A N G DRN. DATE: 6/15/04 @i�BTIAL HEARING. 6/21/04 NATIONAL CITY GENE'_" L PLAN AND ZONING AMENDMNETS (GP-2 3-6 and A-2004-1) MITIGATED NEGATIVE DECLARATION Prepared for: The City of National City 1243 National City Boulevard National City, California 91950-4301 (619) 336-4310 MAY 2004 California Environmental Quality Act Initial Study City of National City 1243 National City Boulevard National City, Cal 91951 Telephone (619) 336-4310 Fax (619) 336-4321 Project Title and File No.: National City General Plan and Zoning Code Amendments (GP-2003-6 and A-2004-1) Lead Agency: City of National City 1243 National City Boulevard National City, CA 91950-4301 (619) 336-4310 Project Contact: Andrew Hoskinson 1243 National City Boulevard National City, CA 91950-4301 (619) 336-4310 Project Sponsor: City of National City 1243 National City Boulevard National City, CA 91950-4301 (619) 336-4310 Project Location: The project affects all Medium, Heavy, General, and Tourist commercial property throughout National City, excluding those in the Coastal Zone as shown in Figure 1. Project Description: The proposed amendments to the General Plan, Housing Element, an several sections of Title 1R'— ' Zoning of the Municipal Code will allow for residential development on property that designated Medium Commercial (CM) or Heavy Commercial (CH). The amendments will al increase the maximum residential density allowed on property designated General Commercial (CG), Tourist Commercial (CT),'CM, and CH from the current maximum of22.9 units/acre to 35 units/acre. The City will require a Conditional Use Permit (CUP) to allow residential use in the CM and CH Zones and to allow up to 35 units/acre in the four above noted zones. The amendments will not be applicable in the Coastal Zone. Other public agencies whose approval is required (e.g. PerMits9 financing approval, participation agreement): The City of National City is the only agency whose approval is required for the proposed general plan amendment and zoning code amendment. fr Commercial Areas Medium Commercial (CM) and Heavy'Co mmercial (CH) Where Residential Development Would Be Allowed Source CIti , Plamaala;g Department Figure Location Map ENVIRONMENTAL, FACTORS POTENTIALLY AFFECTED: The environmental factors checked below will be potentially affected by this project, involving at least one "Potentially Significant Impact" as indicated by the checklist on the following pages. Li n II Aesthetics Agriculture Resources Air Quality Biological Resources Cultural Resources Geology/Soils DETERMINATION; On the basis of this evaluation: Hazards & Hazardous Materials ❑ Hydrology/Water Quality ❑ Land Use/Planning n Mineral Resources'. ❑ Noise Population/Housing n pact that is Public Services Recreation Transportation/Traffic Utilities/Service Systems Mandatory Findings (i I find that the proposed project COULD NOT have a significant impact on the environment and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant impact on the environment, there will not be significant effect in this case because revisions in the project have been made by or agreed to by the projec proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. 4 ❑ I find that the proposed project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on an earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but must analyze only the effects that remain to be addressed, I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects 1) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Preprired hy, Phil Martin & Associates Under contract with the Community Development Commission Rcvie ed bTy: Andrew HoskinsonAssociate Planner Date: May 27 2004 Department Representative Environmental Factors Potentially Significant Potentially Unless Less than Significant Mitigation Significant Impact Incorporated Impact No Impact I. AESTHETICS: Will the project: a) Have a substantial adverse effect on a scenic vista? ❑ ❑ 0 MI b) Substantially damage scenic resources, including but not limited to trees, rock outcroppings, and historic buildings within a state scenic highway? ❑ ❑ ❑ c) Substantially degrade the existing visual character or quality of the site and its surroundings? 0 ❑ ® ❑ d) Create a new source of substantial light or glare that will adversely affect day or nighttime views in the area? 0 ❑ ® 0 YI. AGRICULTURAL RESOURCES: Will the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Commission, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment, which due to their location or nature could result in conversion of farmland to non-agricultural use? III. AIR QUALITY: Will the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutants for which the project region is non - attainment under applicable federal or state ambient air quality standards (including releasing emissions that exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? IV, :,IOLOGICAL RESOURCES: Will the project: a) Have substantial adverse effects, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies or regulations or by the California Department of Fish and Game or the U.S. Fish and Wildlife Service? b) 1-iave substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Li 0 0 r 0 ❑ ■ ❑ ❑ • ❑ 0 • El •❑ ❑• 0 0 • 0 0 ❑ ❑ ❑ Environmental Factors Potentially Significant Potentially Unless Less than Significant Mitigation Significant Impact Incorporated Impact No Impact Departcuent of Fish and Game or the U.S. Fish and Wildlife Service? c) Have substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? ❑ ❑ ❑ d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? ❑ ❑ ❑ e) Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? ❑ ❑ ❑ f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community conservation Plan, or other approved local, regional or state habitat conservation plan? ❑ ❑ ❑ V. CULTURAL RESOURCES: Will the project: a) Cause a substantial adverse change in the significance of an historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource as defined in § 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? VI. GEOLOGY AND SOILS: Will the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (Refer to Division of Mines and Geology Special Publication 42.) ii) Strong seismic ground shaking? iii) Seismic -related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or loss of topsoil? c) Be located on a geologic unit or soil that is unstable or will become unstable as a result of the project, and potentially result in on -or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or the site? ❑ ❑ ❑ 0 O ❑ ❑ ❑ ❑ 0 ❑ ❑ ■ • El -1I 10 4i Environmental Factors Potentially Significant Potentially Unless Less than Significant Mitigation Significant Imuact Incorporated Impact No Impact e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where ❑ ❑ sewers are not available for the disposal of wastewater? ❑ VII. HAZARDS AND HAZARDOUS MATERIALS: Will the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous El ❑ 0 materials? • b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the Elenvironment? ❑ c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? ❑ ❑ d) Be located on a site which is included on a list of hazardous materials site compiled pursuant to Government Code Section 65692.5 and, as a result, wi11 create a significant hazard to the public or environment? ❑ ❑ ❑ e) For a project located within an airport land use plan, or where - such a plan has not been adopted, within two miles of a public airport, will the project result in a safety hazard for people; ❑ ❑ ❑ working or residing in the project area? f) Impair implementation of, or physically interfere with, an adopted emergency response plan or emergency evacuation' plan? g) Create a significant hazard to the public or the environment through the presence or release of methane gas? VIII. HYDROLOGY AND WATER QUALITY: Will the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there will be a net deficit in aquifer volume or a lowering of local groundwater table level (e.g., the production rate of pre- existing nearby wells will drop to a level which will not support existing land uses or planned uses for which permits have been granted)? ❑ c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which will result in substantial erosion or siltation on- or off -site? ❑ d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate of amount of surface runoff in a manner that will result in flooding on- or off -site? [] ❑ ❑ ❑ ❑ ❑ ❑ ■ ■ ■ ■ ■ ❑ ❑ ❑• Environmental Factors e) Create or contribute runoff water which will exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures that will impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche or mudflow? IX. LAND USE AND PLANNING: Will the project: a) Physically divide an established community? b) Conflict with applicable land use plan, policy or regulation of agencies with jurisdiction over the project (including, but not limited to general plan, specific plan, or development code) adopted for the purpose of avoiding or mitigation an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? X. MINERAL RESOURCES: Will the project: a) Result in the loss of availability of a known mineral resource that will be of value to the region and the residents of the state? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? NOISE: Will the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? b) Exposure of person to or generation of excessive ground borne vibration or ground borne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Potentially Significant Potentially Unless Less than Significant Mitigation Significant Impact Incorporated Impact No Impact 0 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 0 ❑ ❑ ❑ ❑ 0 ❑ ❑ 0 0 ❑ ■ El El 0 ■ 111 0 ❑ ❑ Environmental Factors Potentially Significant Potentially Unless Less than Significant Mitigation Significant Impact Incorporated Impact No Impact e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport, will the project expose people residing or working in the project area to excessive noise levels? ❑ ❑ ❑ XII. POPULATION AND HOUSING: Will the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? XIII, PUBLIC SERVICES: a) Will the project result in substantial adverse physical impacts associated with the need for, or provision of, new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: i) Fire protection? ii) Police protection? Iii) Schools? iv) Parks? v) Other public facilities? XIV. TRANSPORTATION/TRAFFIC: Will the project: a) Cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management Commission for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? cl) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? t) Result in inadequate parking capacity? g) Conflict with adopted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? ■ ❑ ❑ ® ❑ ❑ ❑ ■ ❑ ❑ 0 ❑ 0 ❑ 1 0 0 0 ■ ❑ ❑ 0 ■ ❑ 0 ❑ n❑ 0 0 0 ■ El ■ Environmental Factors Potentially Significant Potentially Unless Less than Significant Mitigation Significant Impact Incorporated Impact No Impact XVI. UTILITIES AND SERVICE SYSTEMS: Will the project: a) Exceed wastewater treatment requirements of the applicable. ❑ Regional Water Quality Control Board? ❑ ❑ b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant ' ❑ environmental effects? ❑ ❑ c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental ❑ effects? ❑ ❑ d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? ❑ ❑ e) Result in a determination by the wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? ❑ ❑ ❑ f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? ❑ ❑ ❑ Ili g) Comply with federal, state, and local statutes and regulations related to solid waste? ❑ _ ❑ ❑ { XVII. ENERGY: Will the project: a) Result in an adverse impact on local and regional energy supplies, including base or peak period demands, regardless of the presence of a will -serve letter from the appropriate energy provider? ❑ ❑ ❑ b) Conflict with existing energy standards? ❑ ❑ ❑ XVIIL MANDATORY FINDINGS OF SIGNIFICANCE: a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? ❑ ❑ ❑ b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) ❑ ❑ 77) 1 Environmental Factors Potentially Significant Potentially Unless Less than Significant Mitigation Significant Impact Incorporated Impact No Impact c) Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly? Li 4i 4 Explanation of Checklist Responses AESTHETICS: Will the project: a) Have a substantial adverse effect on a scenic vista? No Impact. The National City General Plan does not identify any scenic vistas in the City. Therefore, residential development in the Medium Commercial and Heavy Commercial zones and increased residential density in the General Commercial, Tourist Commercial, Medium Commercial, and Heavy Commercial zones will not have significant impacts to scenic vistas since there are no known scenic vistas in National City. b) Substantially damage scenic resources, including but not limited to trees, rock outcroppings, and historic buildings within a state scenic highway? No Impact. There are no streets in National City that are designated as a state scenic highway. Therefore, the residential development allowed by the Amendments will not result in any scenic resource impacts, including trees, rock outcroppings, and historic buildings. c) Substantially degrade the existing visual character or quality of the site and its surroundings? Less Than Significant Impact. The residential development allowed by the Amendments could degrade the existing visual character of a site. Density increases will increase building mass on a site, which could impact views across the site from surrounding areas. Each project will have to meet required building setbacks, landscape, and building height requirements as applicable per the zoning code. The City of National Design Guidelines guides development in the City in terms of scale, bulk, materials, setbacks, and building orientation. All future development per the Amendments will have to meet all applicable requirements of the Design Guidelines in terms of scale, bulk, materials, setbacks, and building orientation. Increased density could change the character of an area that is mostly single story to multi -story in height, which could impact the visual character of the area. However, commercial development currently possible in the areas affected by the Amendments could have a similar or even more extensive effective on the visual character of the area. Compliance of all projects with the City's Design Guidelines will mitigate and reduce potential visual character impacts to less than significant. Each project will be evaluated on a project -by project basis for consistency with the National City Design Guidelines through the CUP— process. Consistency with the Design Guidelines will ensure that projects do not substantially degrade the visual charactt of the site and surrounding area. d) Create a new source of substantial light or glare that will adversely affect day or nighttime views in the area? Less Than Significant Impact. Development consistent with the Amendments could create a new source of lightand glare. Depending upon the scope of the project the light and glare could impact nighttime views in the area. A project with a significant source of new lighting could have lighting impacts to adjacent residences. Because the sites affected by the Amendments are urbanized and developed for the most part, lights are not new to the area. The lights associated with new development are not anticipated to adversely affect nighttime views in the area. While there may be some increased intensity of nighttime lighting, it is not anticipated the lighting will adversely affect the nighttime views of any surrounding residences. The City requires all nighttime lighting to be directed on -site, thus there will not be a significant impact on adjacent land uses. The glare that may be generated by residential development is not anticipated to significantly impact daytime views of surrounding development. Some glare can be expected from windows and metal surfaces, but the intensity and duration of the glare is not anticipated to adversely affect daytime views of surrounding residents and commercial uses. YY. AGRICULTURAL RESOURCES: Will the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Commission, to non- agricultural use? No impact. There are no agricultural uses on any of the properties, or surrounding properties affected by the Amendments. The Amendments will not impact any agricultural resources. 13) Conflict with existing zoning for agricultural rase, or a Williamson Act contract? No Impact, Please see a) above, c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion farrniand, to non-agricultural use? No Impact Please see a) above. Page ilof?1 ) AIR QUALITY: Will the project: a) Conflict with or obstruct implementation of the applicable air quality plan? Less Than Significant Impact. The development allowed by the Amendments will generate air emissions during both construction (short-term) and the operations (long-term) of the project. The air emissions generated during the life of a residential project could be less than the commercial use it may replace. The air emissions by commercial uses can be and are typically greater than residential use due to more traffic by employees and business patrons, greater quantities of natural gas consumed for water heating and space heating, etc. Therefore, residential development proposed by the Amendments could actually reduce air emissions compared to commercial uses. The Amendments are not anticipated to conflict with or obstruct the implementation of any air quality plans for the San Diego Air Basin. b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Less Than Significant Impact. The San Diego Air Basin is non -attainment for ozone. The density of residential development allowed by the Amendments will generate short and long-tem air emissions during both construction and the operation of the project, respectively. The amount of air emissions generated by residential use is typically less than the amount generated by commercial use. In terms of increasing the density of residential development on the affected properties, there will be more air emissions from increasing the density from 22.9 units per acre to 35 units per acre. The actual net increase in air emissions will depend upon the number of units constructed, the measures designed into the project to reduce emissions and the net change in air emissions if the residential projects an existing use. Because most of the properties affected by the Amendment are developed it is likely that a new residential project will replace existing uses. Any net incremental increase in air emissions is not anticipated to have a significant impact and violate the current air quality standards for the San Diego Air Basin. c) Result in a cumulatively considerable net increase of any criteria pollutants for which the project region is non - attainment under applicable federal or state ambient air quality standards (including releasing emissions that exceed quantitative thresholds for ozone precursors)? Less Than Significant Impact. The development allowed by the Amendments is not anticipated to result in a cumulative considerable net increase in any criteria pollutants. It is likely that a residential project allowed by the Amendments will result in an increase in air emissions, including ozone. However, any net increase is not anticipated to have a significant cumulatively considerable impact. Compared to commercial uses that a new residential may replace, the additional residences is not anticipated to have any significant air quality impacts. If a residential project replaces an existing commercial use the net increase in air emissions may not be significant. The impact of any net increase in air emissions will be evaluated by the city on a project -by -project basis and measures incorporated into the project accordingly to reduce air emissions to comply with CEQA. d) Expose sensitive receptors to substantial pollutant concentrations? No Impact. The development allowed by the Amendments will not expose sensitive receptors to any greater pollutant concentrations than other residential development in the City. There are no activities associated with the proposed residential development that will expose sensitive receptors to substantial pollutant concentrations. The development allowed by the Amendments could have a positive impact to sensitive receptors if a residential development replaces a commercial use that may expose receptors to substantial pollutant concentrations. In this case, residential development will have a positive impact and reduce overall pollutant concentrations to sensitive receptors. e) Create objectionable odors affecting a substantial number of people? No Impact. The residential development allowed by the Amendments will not create objectionable odors that could affect people. No odors are anticipated to be generated by residential development that will impact area residents or employees. IV. BISLOGICAL RESOURCES: Will the project: a) Have substantial adverse effects, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies or regulations or by the California Department of Fish and Game or the U.S. Fish and Wildlife Service? No Impact. There are no fish, wildlife, or plant species on any of the properties that are affected by the Amendments. Page. 12 of 31 a.. 3 b) Have substantial adverse effect on any riparian habitat or other sensitive natural community identified in local o regional plans, policies, and regulations or by the California Department of Fish and Game or the U.S. Fish and Wildli Service? No Impact. See response to a) above. c) Have substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? No Impact. See response to a) above. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? No Impact. See response to a) above. e) Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? No Impact. See response to a) above. f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional or state habitat conservation plan? No Impact. See response to a) above. V. CULTURAL RESOURCES: Will the project: a) Cause a substantial adverse change in the significance of an historical resource as defined in Section 15064.5? No Impact. There are several nationally registered and locally designated buildings on property affected by the Amendments. Most of the buildings are either churches or residential structures, both single and multi -family. The buildings are protected from demolition, or alteration by Land Use Provisions requiring the National City Historical Society to review and recommend action on all building or demolition permits involving historic buildings. The City Council is required to consider the recommendation and other relevant information prior to exercising their sole authority to approve, deny, oz- withhold the issuance of the building or demolition permits. If additional historical resources are discovered in the future tl City will require the resources to be protected in compliance with CEQA Guideline § 15064.5. b) Cause a substantial adverse change in the significance of an archaeological resource as defined in §I5064.5? No Impact. The National City General Plan does not identify any archaeological resources in the areas zoned tor General, Medium, Heavy, or Tourist commercial use. The Amendments are not anticipated to result in archaeological impacts. c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? No Impact. The National City General Plan does not identify any paleontological resources in any of the areas zoned for General, Medium, Heavy, or Tourist commercial use. The Amendments will not impact paleontological impacts. d) Disturb any human remains, including those interred outside of formal cemeteries? No Impact. There are no cemeteries within or adjacent to any of the areas zoned for General, Medium, Heavy, or Tourist commercial use. The Amendments will not impact human remains, including those within or outside of formal cemeteries. VI_, GEOLOGY AND SOILS: Will the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault zoning map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (Refer to Division of Hines and Geology Special Publication 42.) Less Than Significant Impact. Based on information in the National City General Plan and the California Geological Survey there are no known faults in National City. However, there are several faults outside the City that could impact development in the affected commercial zones. The Sweetwater Fault extends along the eastern edge of National City, but is considered to be inactive. The potential for movement on the nearby active La Nacion and Rose Canyon faults, located outside National City__ could have devastating effects on development in National City as well as other areas in San Diego County. T region is also prone to earthquakes that could occur on more distant faults, such as the Elsinore, San Clemente, Sv,, riteI1of1] 2ci Jacinto and San Andreas, and suitable precautions should be practicedt. The City through the CUP process must approve the development plans for future residential projects. As part of the project approval and building plan permit process each project will be required to incorporate all applicable measures in the Uniform Building Code to protect people and structures from the rupture of earthquake faults that could impact the project. The City will require the preparation of a geotechnical study to be submitted along with grading and building plans and the measures recommended in the geotechnical report to mitigate potential rupture impacts to the building(s) will be incorporated into the project. There is no information at this time that indicates development on the properties affected by the Amendments will be impacted to any greater level than allowed currently. The incorporation of all applicable earthquake safety features required by the Uniform Building Code and the project specific geotechnical reports will reduce potential risks and impacts to less than significant. ii) Strong seismic ground shaking? Less Than Significant Impact. Based on information in the National City General Plan there are faults in the region that could cause ground shaking to future residences. The construction of new residences or remodeling of existing residences will not expose people or structures to a greater degree of ground shalcing than currently exists in National City. Future residential construction will be required to provide all applicable earthquake construction measures and hardware required by the Uniform Building Code to reduce ground shaking impacts to the structures. The incorporation of all applicable earthquake and seismic hardware will minimize seismic impacts to less than significant levels. iii) Seismic -related ground failure, including liquefaction? Less Than Significant Impact. Groundwater is located close to the surface in several areas throughout National City. The area near Education Village has groundwater within 30 feet of the surface. If liquefaction is suspected at any site the City will require the preparation of a soils and geotechnical report to determine if liquefaction is present and if it will impact the project. If liquefaction could impact the project the measures listed in the soils and geotechnical report to reduce the liquefaction impacts will be incorporated into the project to mitigate the liquefaction impact. There are areas that are zoned for General, Medium, Heavy, or Tourist commercial use that could be affected by liquefaction and proper mitigation measures will be recommended, when necessary to reduce impacts to less than significant. Landslides? Potentially Significant Impact Unless Mitigation Incorporated. The land affected by the Amendments is basically flat for the most part. However, some of the property in the Heavy Commercial zoned property north of E. 30th Street and east of A Avenue is located in a canyon with hillsides. Du? to the slope on these hillsides there is a potential for landslides. The following measure is recommended to deters ine if landslides could impact development in the canyon. 1. All development in the Heavy Commercial zone north of E. 30th Street and east of A Avenue shall submit a soils and geotechnical report to the City prior to the issuance of a grading permit that addresses landslides. If the soils and geotechnical report identifies a potential for landslides the measures listed in the soils and geotechnical report shall be incorporated into the grading and building plans as approved by the City Engineer. b) Result in substantial soil erosion or loss of topsoil? Less Than Significant Impact. Bare soil will be exposed during construction of residential projects. Soil erosion could occur if construction occurs during the winter months, when rainfall typically occurs and proper measures are not implemented to reduce soil erosion. Soil erosion could also occur throughout the year during periods of high winds if proper soil erosion protection measures are not in place. The incorporation of all applicable soil erosion prevention measures required by the City will minimize soil erosion impacts. The National City Building Department will identify the soil erosion protection measures that will be required to be incorporated into projects to reduce soil erosion at the time building plans are submitted for approval. c) Be located on a geologic unit or soil that is unstable of will become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? Potentially Significant Unless Mitigation Incorporated. The National City General Plan does not identify any geologic conditions for the areas designated for General, Medium, Heavy, and Tourist commercial uses that could impact residential development. However, as discussed in a) ill!) above, the canyon north of E.30th Street and east of A Avenue has hillsides that could have landslide impacts to residential development constructed on the hillsides or in the canyon. In addition, fill dirt has been placed in the City of National City General Plum, approved September 10, 1996, pw a IS Pane I4 n;F31 5 canyon in the past and it may be unstable for development. A soils and geotechnical report should be prepared for a development proposed on the canyon hillsides or the bottom of the canyon to determine the stability of the soil. All projects will be reviewed by the National City Building Department for geologic impacts at the time grading and building plans are submitted for approval. If potential geologic impacts are identified, the City Engineer will require the preparation of a soil and geotechnical study to identify potential unstable soil conditions and measures to mitigate the impacts will be incorporated into the project accordingly. The following mitigation measure is recommended to identify, and mitigate potential unstable soil conditions. A. 2. A soils and geotechnical report shall be submitted to the Building Department prior to the issuance of a grading or building permit, whichever :is issued first for all residential projects affected by the Amendments. Based on the recommendations in the soils and geotechnical report, the City Engineer may require the incorporation of measures to correct unstable soil conditions. d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or the site? No Impact. The National City General Plan does not identify expansive soil in any of the areas affected by the Amendments. However, there could be some areas where development has not occurred that has expansive soil. The mitigation measure recommended in c) above will identify whether or not expansive soils exist on any proposed building sites. If present, measures will be incorporated into theproject to correct the condition. The mitigation measure listed above for all projects to have a soils and geotechnical report prepared prior to the issuance of a grading or building permit for all projects affected by the Amendments will mitigate any potential expansive soil impacts. e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? No Impact. The City of National City requires all development to connect to the public sewer system. No septic tanks will be allowed to serve any future residential projects therefore 0-- Amendments will not have any impacts regarding septic tanks. VII, HAZARDS AND HAZARDOUS MATERIALS: Will the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? No Impact. The development allowed by the. Amendments will not create a significant hazard to the public or the environment. Residential development typically does not use hazardous materials or chemicals in any quantity that will create a significant hazard to the public or the environment. The City does not allow the use of hazardous materials in residential development in any quantity other than normal' household use. b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? No Impact. See response to a) above. e) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? No Impact. See response a) above. d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, will create a significant hazard to the public or environment? No Impact. There are no known sites within the areas affected by the Amendments that are listed as hazardous materials sites pursuant to Government Code Section 65962.5. Additionally, any project proposed pursuant to the Amendments will require additional CEQA review, and a site specific determination must be made that the site is not listed as a hazardous materials site. For rt project located within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport, will the project result in a safety hazard for people working or residing in the project area? No Impact. None of the properties affected by the Amendments are located within the boundary of an airport land use plan or within two miles of a public airport. The closest airport is the San Diego International Airport, which jis approximately seven mule. northwest of National City tripait impleme tatIO ?t. gr physically iatttafere "Pf tle; an ado; A er?2ergency response plan or emergency evacuat plan? No frnpart_ The Amendments do not propose any use' that will impact emergency response plans or evacuation plans. The proposal to allow residential development in the Medium and Heavy Commercial zones and increase the density for residential development in the Medium, Heavy, General and Tourist commercial zones will not impact any designated emergency evacuation routes or reduce emergency response times. g) Create a significant hazard to the public or the environment through the presence or release of methane gas? No Impact. The residential development allowed by the Amendments will not create a hazard to the public or the environment through the presence or release of methane gas. None of the areas zoned for General, Medium, Heavy, or Tourist commercial use are known to have methane gas present and methane gas will not be used by future residential projects. VIII. HYDROLOGY AND WATER QUALITY: Will the project: a) Violate any water quality standards or waste discharge requirements? Less Than Significant Impact. Development of residential projects allowed by the Amendments will not violate water quality standards or waste discharge requirements. The potential impacts to water quality standards or waste surface water discharge requirements will be minimized with the requirement for a Storm Water Pollution Prevention Plan (SWPPP). All projects will be required to have a SWPPP with Best Management Practices (BMP 's) to reduce soil erosion. The SWPPP will have BMP's that will be installed prior to the start of construction to reduce sediments and other materials from being carried off -site and discharged into the local storm drain system. Some BMP's will be maintained throughout the project construction period while other BMP's will be maintained throughout the life of the project. The City will require the installation of BMP's for all projects to mitigate impacts to water quality in compliance with all applicable State and Federal water quality rules and regulations for both the construction and the operations of a project. b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there will be a net deficit in aquifer volume or a lowering of local groundwater table level (e.g., the production rate of pre-existing nearby wells will drop to a level which will not support existing land uses or planned uses for which permits have been granted)? No Impact. All residential development will be required to connect to the public water distribution system. Water for drinking, flushing toilets, landscaping, and fire flow will be provided by the public water system. The Sweetwater Authority indicated that their water supply system has capacity to serve future residential development without impacting or depleting current groundwater supplies. To reduce water consumption all residential projects will be required to install low water fixtures such as toilets, showerheads, etc. r The building coverage allowed by the commercial zone designations will not be revised or changed by the .Amendments. The Amendments will not increase the buildable area and lot coverage on sites that will reduce land available for groundwater recharge. The project will not interfere with or deplete groundwater recharge to any greater amount than could occur with current zoning restrictions. c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which will result in substantial erosion or siltation on- or off -site? No Impact. The residential development allowed by the Amendments will not substantially alter the existing drainage patterns, resulting in substantial erosion or siltation. The properties affected by the Amendments are developed for the most part and drainage patterns have been established and developed. New residential development in'the affected areas is not anticipated to require substantial alterations to the existing topography and drainage patterns or alter the course of a stream or river that could result in substantial erosion or siltation. There are no streams or rivers on any of the properties that will have to be substantially altered or changed. The project will not substantially alter any existing drainage patterns or substantially increase erosion or siltation and cause substantial erosion. (I) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate of amount of surface runoff in a manner that will result in flooding on - or off Site? No Impact, Please see response c) above. e) Create or contribute runoff water which will exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? Less Than Significant Impact. Future residential development will generate runoff during and after project construction. Because most of the property affected by the Amendments is developed, future development will not significantly increase the quantity of surface water compared to the existing condition. The properly that is vacant and not developed the City will require the developer to retain the increased surface water quantity on -site so the quantity of surface water leaving the site is not greater than the current conditions and impact Page 16 of 3 I local storm drain capacity. As a result, residential development will not impact the ability of the local storm water system to handle surface water runoff. f) Otherwise substantially degrade water quality? Less Than Significant Impact. The City will require all residential development to have a SWPPP and install BMP's to reduce surface water quality impacts. The Amendments will not change or alter this City requirement. The Amendments will not substantially degrade water quality. Place housing within a 100 year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? No Impact. None of the areas zoned for General, Medium, Heavy, and Tourist commercial use are in a 100-year flood plain. The project will not place housing in a 100-year flood hazard area. h) Place within a 100 year flood hazard area structures that will impede or redirect flood flows? No Impact. Please see g) above. i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? No Impact. None of the properties affected by the Amendments are located within a dam inundation area. There are no levees that could. break and allow the properties to flood. No people or structures will be exposed to significant risk of loss, injury or death due to flooding with the Amendments. Inundation by seiche or mudflow? No Impact, There are no large bodies of water that could impact the properties affected by the Amendments due to a seiche. A portion of the area north of E. 30th Street and east of A Avenue is a canyon with hillsides. It is possible that during periods of heavy rainfall the hillsides could fail and mudflows occur. The mitigation measure recommended in a) iv) and c) of the Soils and Geology section above will mitigate potential mudflow impacts. IX. LAND USE AND PLANNING: Will the project: a) Physically divide an established community? Less Than Significant Impact. The addition of residential development • the Medium and Heavy Commercial land use and zoning designations will not physically divide an established communit Allowing the development of residential use in these two commercial zones will allow both residential and commercial uses to exist together and residential development will not divide either an established residential or commercial area. A residential project proposed for either the Medium or Heavy Commercial zone will require a Conditional Use Permit from the City. The CUP project will allow the City the to review each project for compatibility with the existing uses surrounding the site to make sure a project will not divide an established community and it is compatible with the surrounding land uses. Many of the areas affected by the Amendments have residential mixed with commercial development. The proposed Amendments will not significantly change that existing land use condition to a point it will divide an established community. b) Conflict with applicable land use plan, policy or regulation of agencies with jurisdiction over the project (including, but not limited to general plan, specific plan, or development code) adopted for the purpose of avoiding or mitigation an environmental effect? Less Than Significant Impact. The project is an Amendment to the General Plan to allow residential use in the Medium and Heavy Commercial (CM and CH) Zones, The project will also amend the Medium, General, Heavy, and Tourist Commercial Zone designations to increase the maximum allowable residential density from 22.9 units/acre to 35 units/acre. The Amendments are not applicable to the Coastal Zone. The project will also require an amendment to the Housing Element to reflect an increase of the number of residential units that can be developed in National City. In particular, Tables 17 and 20 of the Housing Element will have to be updated to reflect the addition of residential development to the Medium and Heavy Commercial zones and increase the density allowed in the Medium, Heavy, General, and Tourist Commercial zones. The project will require an amendment to the Mixed Use Ordinance to reflect the increased density in the Medium, Heavy, General, and Tourist Commercial zones and allow residential use in the Medium and Heavy Commercial zones. The Mixed Use Ordinance will also have to be amended to reflect revised parking and open space requirements for residential development in the Medium and Heavy Commercial zones. The General Plan has several policies encouraging the mixture of residential use in commercial zones. One general pi policy states "In order to revitalize existing shopping areas, the City will encourage a mixture of commercial and resident uses." A second general plan policy states "The City will encourage alternatives to small shopping center development by g) j) ' 2U allowing mixed use development; i.e., residential combined with commercial use in the same development as well as residential infill development within specific commercial zones."2 The Amendments are consistent with and meet the intent of these two policies of the general plan, which is to encourage the mixture of residential with commercial development. Not all residential development may be compatible with existing commercial uses. Thus the City will require a conditional use permit for all projects in the Medium and Heavy Commercial zones to allow the review of each project for compatibility with the surrounding land uses. The development of residences in the Medium and Heavy commercial zones could result in land use impacts depending upon the compatibility of the project with the adjacent commercial or residential use. Many of the properties in Medium Commercial and Heavy Coirnuercial zones have residential and commercial uses mixed together. Figures 2 through 7 show the existing land uses in the areas zoned Medium Commercial and Heavy Commercial that are proposed for residential development. Although these two land uses have co -existed for many years the development of residential use in a commercial area could have land use impacts. Some of the land use impacts include noise to residents due to truck traffic, noise with the daily operation of a business especially t`t<outdoor activities operate 24 hours a day, nighttime lighting, odors, etc. Some impacts could be significant to new residential development depending upon the type of the surrounding commercial uses. Residential development will be compatible with many of the uses permitted in the Medium and Heavy Commercial zones by right and a conditional use permit. For instance, some of the permitted uses in the Medium Commercial zone include automotive services, eating places, convenience goods and services, shopping goods and services, hotels and motels, offices and studios, research and development, etc. Uses allowed in the Medium Commercial zone with a conditional use permit include amusement and entertainment, indoor commercial recreation, community, cultural, and public recreation services, gasoline service stations, heavy equipment and machinery such as public scales, and public utilities such as electric distribution substations, water pumping or storage facility, and wireless communication facilities. Residential development will be compatible with many of the uses allowed in the Medium Commercial zone either by right or a conditional use permit without any significant land use impacts. However, there are some uses, such as an electrical generating plant, sanitary landfill, electrical distribution substation that will not be compatible with residential use. Some of the permitted uses in the Heavy Commercial zone include arboretums, automotive uses, eating places including take-out and drive-thru, convenience goods and services, shopping goods and services, heavy equipment and machinery such as contract sewing, heavy equipment sales and service, public transit facility, hotel and motel related{services, etc. Uses in the Heavy Commercial zone that are permitted with a conditional use permit include amusement and entertainment such as amusement arcade and a pool hall/billiard hall, indoor commercial recreation such as athletic club, bowling alley, health spa, movie theater, gasoline service stations, and public utilities. Like the Medium Commercial zone, there are both permitted and allowed uses with a conditional use permit that will be compatible with residential use and other uses that will not be compatible. The project proposes to increase the residential density allowed in the Medium, Heavy, General, and Tourist Commercial zones to a maximum of 35 units per acre from the current 22.9 units per acre. The General and Tourist commercial zones currently allow residential development up to 22.9 units per acre. Increasing the density for residential development in the General and Tourist commercial zones to 35 units per acre will not significantly impact future residents. The proposed high - density residential use will be compatible with some of the permitted uses and uses allowed with a conditional use permit in the Medium and Heavy Commercial zones. There are other uses in the Medium and Heavy commercial zones that will not be compatible with residential use. The development of high -density residential projects in the Medium, Heavy, General, and Tourist Commercial zones will be compatible if residential uses are located adjacent to the site. Most of the property that is zoned Medium Commercial and Heavy Commercial is located adjacent to residential areas. For instance, there are residential homes east, north and south of the Medium Commercial zoned area near Division Street and National City Boulevard. The development of high -density residential homes in this Medium Commercial zone will be compatible with the if National City C3cneral Plait, approved September 10, 1996, page 36 Paye 18 of31 2c jjti Photograph 1: Looking at residences along the east side of National City Boulevard north of E.1 st Street. Photograph 2: Looking at residences along the north side of E. 1st Street east of National City l<cnaevard. ourcc: Phii Martin :tied i\sso:.i to Figure 2 Existing ,anti Uses Photograph 3: Looking at automotive repair businesses along E. 17th street east of National City Boulevard. Photograph 4: Looking at automobile dealerships along the west side of National City Boulevard north of E. 18th Street. Source: Phil vlartin and Associates Figm e 3 Existing Land Uses Photograph 5: Looking west from National City Boulevard at a motel south of E. 14th Street. Photograph 6: Looking at auto dealerships along the west side of National City Boulevard between F. 12th Street and Civic Playa Boulev gird. Source: Phil Martin and Associates 3 2- Figure 4 Existing Land Uses Photograph 7: Looking at businesses along the south side of E. 17th Street east of National City Boulevard. Photograph 8: Looking at residences along the west side of B Avenue south of E. l6th Street. Source: Phil 1 Talcs )xsting Land Uses Photograph 9 Looking at existing commerical use on the south side of E. 26th Street and east of B Avneue. Photograph 0: Residences along the south side of F. 1 tith Street. Source: Phil rt a and Associates Figure (i Exustiiug Larch Uses Photograph 11: Looking north from W. 35th Street at a motorcycle dealership west of National City Boulevard. Source: Phil ?V'Iartiti and Associates 3S Figure Existing Land Uses adjacent single-family homes. Portions of the Medium Commercial and Heavy Commercial zoned property along Nation City Boulevard from Civic Center Drive to 18`h Street are adjacent to residential development. The development of hig density residential homes in this area will be compatible with the adjacent existing residential homes. The same is true for the Heavy Commercial zone between 25th and 26th Streets along the east side of B Avenue and 28 Street to 31st Street east of A Avenue. These properties are also adjacent to existing residential uses. Because there are residential homes adjacent to many of the areas affected by the Amendments the development of residential units in these two commercial zones will not, for the most part result in any significant land use compatibility impacts. It should be noted that National City is currently preparing a specific plan for the downtown area of National City. The Downtown Specific Plan includes several areas that are zoned Medium Commercial, Heavy Commercial, and General Commercial that are included in the areas affected by the proposed Amendments. For instance, the area zoned Medium Commercial that is along the east side of National City Boulevard from Division Street to 7th Street is designated medium density multi -family residential use at a density of 40-60 dwelling units per acre by the Downtown Specific Plan. The areas that are zoned Medium Commercial and General Commercial that are along National City Boulevard and A Avenue between Plaza Boulevard and 12th Street are proposed for medium -density residential (40-60 units per acre and town homes at 15-20) units per acre over street -level retail by the Downtown Specific Plan. Another area in the Downtown Specific Plan that is also included in the proposed Amendments is. the property along National City Boulevard between Civic Center Drive and 16's Street. This area includes a portion of the Civic Center and the new library that is under construction. The properties along the west side of National City Boulevard between Civic Center Drive and 16th Street are proposed for multifamily residential, street -oriented retail, office or hospitality use with a residential density of 80-120 units per acre. The last parcel that is affected by the Amendments and in the Downtown Specific Plan area is located at the southeast corner of National City Boulevard and 15a' Street. This site has an existing auto sales business and is recommended to be incorporated into the Civic Center/Kimball Park complex by the Downtown Specific Plan. As reflected in the proposed Downtown Specific Plan, the parcels presently zoned Medium Commercial, Heavy Couunerciai, and General Commercial are proposed for much higher density (40-120 dwelling units/acre) than the Amendments, which propose 35 units per acre. The potential land use impacts associated with adding high density residential to all four commercial zones (CM, CH, C CT) can be controlled and minimized through the conditional use permit process, which allows the City the discretionary action to review each development proposal on a project by project basis. Thus, the City can deter nine whether or not a project in any of the four commercial zones (CM, CH, CG, CT) will be compatible with the surrounding"land uses. c) Conflict with any applicable habitat conservation plan or natural community conservation plan? No Impact. See response in Section IV f) above. X. MINERAL RESOURCES: Will the project: a) Result in the loss of availability of a known mineral resource that will be of value to the region and the residents of the state? No Impact, The National City General Plan does not identify mineral resources in any of the areas affected by the Amendments. Therefore, the Amendments will not impact minerals of value to the region or the state. b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact. Please see response a) above. NOISE: Will the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? Less Than Significant Impact. The areas affected by the Amendments are, for the most part, located along National City Boulevard, Plaza Boulevard, Highland Avenue, 8th Street, 30°i Street, and Sweetwater Road, which can have high noise levels due to traffic and other business activities. Several of the areas affected by the Amendment between 25`h and 27th Streets and 28`h to 31s` Streets are also exposed to traffic noise, but not at the levels that exist along National City Boulevard. Although residences are exposed to traffic noise there construction materials and design methods available to reduce interior noise levels to meet the City's noise ley requiretnents for thew. areas where the noise levels may exceed the City noise limits. The residential uses proposed for areas affected by the Amendments will be high -density n,udti-family with minimal outdoor space. The City's interior noise Pae;c 25 of 3 1 3 to level requirement can be met with appropriate building design and construction materials. Future residents will not be exposed to noise levels that exceed the City's interior noise level standards. The City has noise criteria that must be met during construction. All construction activity such as building demolition, grade the site, and construct new buildings will have to meet the City's construction noise criteria. National City requires that construction adjacent to residential and commercial areas is prohibited between the hours of 7 p.m. and 7 a.m. Monday through Friday along with weekends and holidays. Outside of these hours, construction equipment must not exceed the maximum noise levels presented in Table 1, Construction Equipment Noise Limits. Table 1 Construction Equipment Noise Limits Type lIAreas Type I Areas Semi -Residential Equipment Type Residential Commercial Mobile Equipment Maximum noise levels for nonscheduled, intermittent, 75 dBA 85 dBA short-term operation (less than ten days) of mobile equipment: Stationary Equipment Maximum noise levels for repetitively scheduled and relatively long-term operation (periods of ten days or more) of stationary equipment: Noise will be generated during the demolition of existing buildings and construction of new residential buildings. The noise levels generated during construction could have short-term noise impacts to area businesses and residents. Compliance with the City's construction noise criteria will reduce construction noise impacts to less than significant levels. Residential use does not typically generate noise levels that will exceed the City's noise criteria. The City will review future residential projects for noise impacts during the conditional use permit approval process. If a project will be impacted by surrounding noise or generate noise that will impact surrounding uses the City will require the incorporation of measure to reduce noise levels to comply with the noise criteria. At this time the proposed Amendments are not expected to have any significant noise impacts to surrounding uses and the compliance of all construction activity with the City's noise criteria will reduce project construction noise impacts to less than significant. b) Exposure of person to or generation of excessive groundborne vibration or groundborne noise levels? Less Than Significant Impact. There will be ground borne vibration and noise impacts during the demolition of existing buildings, grading and construction of new residential buildings. Although vibration and noise impacts will cease upon completion of each project, ground borne vibration and noise could impact adjacent residents and businesses in close proximity to the construction site. Ground borne vibrations such as dirt compaction will only exist for li short duration and cease upon completion of site grading and underground utility construction. All construction noise will have to comply with the City's noise ordinance as stated previously. Noise and vibration associated with residential construction is not anticipated to have any significant adverse noise impacts to adjacent land uses. c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? Less Than Significant Impact. Future residential development in the areas affected by the Amendments will increase the ambient noise levels in the immediate area. The ambient noise level can be expected to increase incrementally due to people's daily activities such as playing music, operating automobiles, talking, etc. Although noise levels can be expected to increase, it is not anticipated to significantly impact surrounding uses. It is possible that the ambient noise levels in some areas could decrease if residential development replaces a commercial use that generated a lot of noise. In this case a residential project will have a positive noise impact to the community by reducing noise levels. The City will evaluate each project for potential noise impacts at the time projects are submitted for approval of a conditional use permit. 60dBA 70dBA tl) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Less Than Signfficant Impact. The construction of residential units could temporarily increase the ambient noise level in the immediate vicinity of the project and impact adjacent residents and businesses. Since all construction activity PaLte 26 of? I 3-1 must comply with the City's construction noise limits it is not anticipated that residential development consistent with th Amendments will have any substantial temporary or periodic increases in the ambient noise levels with the project. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport, will the project expose people residing or working in the project area to excessive noise levels? No Impact. None of the areas affected by the Amendments are located in an adopted airport land use plan. The San Diego International Airport is the closest airport and it is located approximately seven miles northwest of National City. The project will not expose people to excessive noise levels associated with an airport. XII. POPULATION AND HOUSING: Will the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example through extension of roadsor other infrastructure)? Less Than Significant Impact. The Amendments will allow high -density residential development in the Medium Commercial, Heavy Commercial, General Commercial, and Tourist Commercial zones. High -density residential development in any of the affected areas may or may not induce a population increase depending upon where the residents move. It is speculative at this time to determine if residents will move from areas within National City or outside the city. It is anticipated at this time that many of the residents that will occupy new housing in the affected areas will move from within National City. The relocation of people to National City will increase the City's population. Because there is a housing shortage in National City it is anticipated that there will not be a significant number of people moving to .National City from outside the area, which could result in a substantial population growth. There will be a population increase if residents move to National City from outside the City, but it is not anticipated that the number of people that will move to National City will be substantial. b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? Less Than Significant Impact. Most of the areas affected by the Amendments have some residential development, including single-family detached and multi -family units. It is possible that some of the existing residential units will be demolished ,_.. allow for high -density residential development allowed by the Amendments. From a practical and economic standpoint, it expected that the demolition of any existing residences (single or multi -family) will be replaced by more housing units demolished. Thus, it is expected the Amendments will result in an overall increase in housing units rather than a reduction o units. The construction of new multi -family units may not meet the housing needs of the families that may be displaced. For instance, multi -family housing may not meet the needs of a family that is displaced and lived in a detached home. If a multi- family unit does not meet their housing needs the family will have to fmd suitable replacement housing in National City. If there is not suitable housing in National City the family will have to find housing outside National City. Depending upon the project the replacement housing for any demolished units may or may not suite the needs of the displaced family. The City will evaluate the potential impact on displaced residents through the conditional use permit process. c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Less Than Significant Impact. See Response b) above. XHI. PUBLIC SERVICES: a) Will the prefect result in. suh.ctantial adverse physical impacts associated with the need for, or provision of, new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Less Than Significant Impact. The construction of residential units allowed by the Amendments is anticipated to incrementally increase the demand for fire protection services. The impact on the fire deparliuent will depend upon the frequency and the type of the calls. Residential development could have a positive impact on fire protection services if existing commercial buildings are replaced with residential buildings that have few calls for service. In addition, if older buildings that don't meet current fire and building codes are replaced w- ' residential buildings that have current fire protection measures, including more fire retardant materials and sprinklers and meet current tire and building codes, there could he a further reduction in calls for fire protecting services read a positive impact on the fire department. While residential development will generate calls for IA protection the impact is not anticipated to he significant and adversely impact the fire departments ability to provide ,.1 an adequate level of fire protection in National City. The fire department will evaluate projects on an individual basis at the time they are submitted for approval and determine if there will be any fire protection impacts. If impacts are identified the fire department will recommend measures for incorporation into the project to reduce the impacts. It is not anticipated at this time that the Amendments will significantly impact fre protection services. National City is currently preparing a Development Impact Fee study. The purpose of the study is to calculate a fee that will be assessed for all development in National City in the future to pay for the cost of providing public services for new development. The study is scheduled to be completed in August of this year and will have to be approved by the City Council before it is effective. If approved, the Development Impact Fee will fund new and expanded public services and facilities to serve new development. The fees will be used to construct new facilities, expand existing facilities, purchase fire trucks, equipment, etc.) The fees cannot be use for labor, payroll expenses, etc. The Development Impact Fee, if approved, will be applicable to residential development, including the areas affected by the Amendments. Payment of the development fee, if adopted, will be used towards mitigating impacts on fire protection services. Police protection? Less Than Significant Impact, The construction of residences allowed by the Amendments is expected to increase the demand for police services such as calls for domestic disturbances, vandalism, trespassing, auto break-ins, etc. The impact to the police department will depend upon the number of new calls and the resources needed to respond. A significant increase in police service calls could impact the police department. The police department will evaluate projects at the time they are submitted for approval to determine if they will have impacts to police protection services. If impacts are identified the police department will suggest measures to mitigate the impacts. At this time it is not anticipated the development allowed by the Amendments will adversely impact police services. The City of National City is currently preparing a Development Impact Fee study. The purpose of the study is to calculate a fee that will be assessed for development in National City to pay for the cost of providing public services to serve new development. The study is scheduled to be completed in August of this year and will have to be approved by the City Council before it is effective. If approved, the Development Impact.: Fee will fund new or expanded public services and facilities to serve the new development. The fees will be used to construct new facilities, expand existing facilities, purchase police cars, equipment, etc. The fees cannot be use for labor, payroll expenses, etc. The Development Impact Fee, if approved, will be applicable to all residential development, including the areas affected by the Amendments. Payment of the development fee, if adopted,`' will be used towards mitigating impacts on police protection services. Schools? Less Than Significant Impact. National City is served by two school districts. The National City School District serves grades K-6 and the Sweetwater Union High School District serves grades 7-12. Most of the public schools (K-12) serving National City are either at or over -capacity. The school districts install portable classrooms at schools when necessary to provide adequate classroom space. The Amendments will allow increased residential development in the affected areas. An increase in residential units will generate additional students to area schools. The school districts collect school impact fees for new development as allowed by state law. The school impact fee is used by the districts to provide classroom space for students. Presently, the Sweetwater Union High School District collects $1.54 per square foot for residential development and the National City School District collects $.85 per square foot. All residential development will be required to pay the appropriate school impact fee. The fees will mitigate the impact of additional students hang generated to area schools. Parks? Less Than Significant Impact. The City strives to maintain or expand the current (1996) ratio of park and open space land to population, which is 4'/, acres per 1000 residents (including local parks, public -owned wetlands, golf courses, and school recreational facilities). The construction of additional residential units as allowed by the Amendments could increase the population of National City, thus additional parkland will be required, or the existing park facilities will have to be expanded. The City of National City is currently preparing a Development Impact Fee study. The purpose of the study is to calculate a fee that will be assessed for development in National City to pay for the cost of providing public services and facilities to serve new development. The study is scheduled to be completed in August of this year and will Page 2t of I'll have to be approved by the City Council before it is effective. If approved, the Development Impact Fee will fun new or expanded public services and facilities to serve the new development. The fees will be used to construct ne park facilities, expand existing park facilities, purchase park equipment, etc. The fees cannot be use for labor, payroll expenses, etc. The Development Impact Fee, if approved, will be applicable to all residential development including the areas affected by the Amendments. Payment of the development fee, if adopted, will be used towards mitigating impacts on parks. Other public facilities? No Impact. There are no additional public facilities that will be impacted by the Amendments. XIV. TRANSPORTATION/TRAFFIC: Will the project: a) Cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system (Le., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? Potentially Significant Unless Mitigation Incorporated. The development of residential units allowed by the Amendments could increase traffic and impact the capacity of the circulation system that serve the project. In most cases new residential development will require. the demolition of existing uses because many of the properties affected by the Amendments are developed. When taking into account the traffic generated by the existing use, the net traffic increase may not be significant. There may be some projects that a net increase in traffic could significantly impact the area circulation system. It is speculative at this time to identify the properties affected by the Amendment that may be developed, this it is speculative to determine whether or not future residential development will have traffic impacts. It is important to consider that areas affected by the Amendments can already be developed for commercial purposes, sometimes without required discretionary review and approval, that typically generate a greater number of average daily trips than residential development. The City will evaluate projects for potential traffic impacts in the future when they are submitted for a conditional use permit. At that time the City may require a traffic study to determine the amount of traffic generated by the project and its impact c the circulation system. If significant traffic impacts are identified measures to mitigate traffic impacts will be required. The City of National City is currently preparing a Development Impact Fee study. The purpose of the study is to calculate a fee that will be assessed for development in National City to pay for the cost of providing public smices and facilities to serve new development. The study is scheduled to be completed in August of this year and will have' to be approved by the City Council before it is effective. If approved, the Development Impact Fee will fund new or expanded traffic and circulation improvements to serve the new development. The fees cannot be use for labor, payroll expenses, etc. The Development Impact Fee, if approved, will be applicable to residential development, including the areas affected by the Amendment. Payment of the development fee will be used towards mitigating traffic impacts. Because there is the potential for some residential projects to impact the local circulation system the following mitigation measure is recommended. 3. All residential projects proposed in the Medium Commercial, Heavy Commercial, General Commercial, and Tourist Commercial zones shall be reviewed for potential traffic impacts by City staff, including the planning and engineering departments. If staff feels a project could have traffic impacts a traffic study shall be prepared and submitted to the City prior to project approval. The traffic study shall evaluate the potential traffic impacts of the project along with other cumulative projects in the area, as determined by City staff. The traffic study shall take into consideration the traffic generated by the existing uses, if applicable to determine the net traffic increase and impact. Measures to mitigate identified traffic impacts to less than significant levels acceptable to the City shall be presented in the traffic study when required to comply with CEQA. Exceed, either individually or cumulatively, r level of service standard established by the county congestion management commission for designated roads or highways? Potentially Significant Unless Mitigation Incorporated. The traffic generated by the development allowed by the Amendments could, individually and cumulatively, exceed the level of serv; established for the roadways seizing the areas affected by the Amendments. The mitigation measure recommended in ahovc will mitigate potential cumulative traffic impacts,. c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? No Impact. The San Diego International Airport is the closest airport to National City and is located approximately seven miles northwest of the City. The Amendments will not impact an traffic patterns at the San Diego International Airport or any other airport in the area. d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Less Than Significant Impact. There are no development plans being proposed at this time in conjunction with the Amendments. It is not known if future residential projects in the areas affected by the Amendments will substantially increase hazards due to design features. Most of the properties front existing improved streets, therefore it is not anticipated that projects in the future will require circulation design features that could substantially increase hazards. It is possible that existing curb cuts and driveways may have to be modified or changed to accommodate new projects, but these changes should not cause design hazards. The City will review projects for design hazards at the time plans are submitted for a conditional use permit. If potential design hazards are identified changes will be required to eliminate the hazards. It is not anticipated at this time that future residential development allowed by the Amendments will result in design hazards. e) Result in inadequate emergency access? No Impact. It is not anticipated that future residential projects in the areas included in the Amendments will impact emergency access. Both the police and fire departments will review all future development plans to make sure that adequate emergency access is provided prior to project approval. f) Result in inadequate parking capacity? Less Than Significant Impact. All projects will have to provide on -site parking in compliance with the City's parking requirements. Compliance with the parking code will mitigate potential parking impacts. Conflict with adopted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? No Impact. The Amendments do not propose to change any existing City alternative transportation requirements. It is not anticipated that residential projects will impact or conflict with any adopted alternative transportation programs. Each project will provide bus turnouts, bicycle racks, and other alternative transportation systems as required by the City. UTILITIES AND SERVICE SYSTEMS: Will the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? Less Than Significant Impact. The Amendments will not change the existing wastewater treatment requirements of the San Diego Regional Water Quality Control Board for the wastewater that will be generated by future residential development. The wastewater treatment requirements of the San Diego Regional Water Quality Control Board that presently exist and amended from time to time will continue to govem wastewater treatment in National City independent of the proposed Amendments. b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Less Than Significant Impact. The project will not require the construction of new water or wastewater treatment plants or the expansion of existing facilities to provide potable water or treat the wastewater from residential development allowed by the Amendments. Local water mains and sewer trunk lines may have to be upgraded or improved to serve the residential development proposed by the Amendments. If upgrades or improvements are necessary the project developer will be required to constiuct the needed improvements. Any required upgrades or improvements necessary to serve individual projects will not require the expansion of existing water treatment or wastewater treatment plants or the construction of new plants. g) c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Less Than Significant Impact. Most of properties in the areas affected by the Amendments are developed. Increasing the density of residential use or allowing residential use in the commercial zones will not significantly increase surface water runoff. The existing storm drain facilities are expected to be adequate to serve new residential development. However, some upgrades or improvements may be required to the local stone drain system for specific projects. It is not expected that major expansion of existing facilities will be required. The City will review the adequacy of the storm drain facilities for each at the time projects are submitted for a conditional use permit. If the existing facilities are not adequate the City will require the developer to construct the needed improvements. Any upgrades or improvements that may be required are not expected to cause significant environmental effects. Have stlficieni water ,siCpplies avaita lle t`o serve the p €'ojeet from existing .eniitlern eats and resources, or are new or expanded entitlements needed? Less 3f'h=rn Significant impact. Residential development will consume potable water for Page 30 of 31 e.--c drinking, flushing toilets, fire flow, landscape irrigation, etc. The Sweetwater Authority has stated that it has an adequat supply of water to serve additional residential development without any significant impacts to its water supply. Projects wit be required to incorporate all applicable water conservation measures to reduce water consumption. e) Result in a determination by the wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? No Impact. An increase in residential development will not impact the San Diego Metropolitan Wastewater Department and its ability to provide wastewater treatment services to the City. By agreement, the City of National City is allowed to generate 7.5 million gallons of wastewater per day to the South Metro Interceptor Sewer. Wastewater from National City is treated at the Point Loma wastewater treatment plant. Flows in National City as of August 2003 were 5.67 million gallons per day. The City has capacity in the Metro line for additional wastewater flows. The existing sewer collection system serving the City has capacity to serve additional residential development without requiring the San Diego Wastewater Department to increase or expand the capacity of any trunk lines or the treatment plant. f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? No Impact, The residential development allowed by the Amendments will generate solid waste that will be taken to a local landfill. The solid waste that will be generated by future residential development is not anticipated to significantly impact the life expectancy of the landfill that serves the City. Comply with federal, state, and local statutes and regulations related to solid waste? No Impact. The development allowed by the Amendments shall comply with all applicable federal, state and local statues and regulations related to solid waste and as a result the development will not result in any activities that will impact solid waste regulations or statues. g) XVI. ENERGY: Will the project: a) Result in an adverse impact on local and regional energy supplies, including base or peak period demands, regardless of the presence of a will -serve letter from the appropriate energy provider? No Impact. The residential development allow( by the Amendments will not consume large quantities of energy or waste large quantities of energy. All residenti development will be required to incorporate the applicable energy conservation measures required by law to reduce ener consumption. r b) Conflict with existing energy standards? No Impact. Please see response a) above. XVIII, MANDATORY FINDINGS OF SIGNIFICANCE: a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? No Impact. There are no areas that will be impacted by the Amendments. b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) Less Than Significant Impact. The residential development allowed by the Amendments could increase development intensity and have cumulative traffic impacts. A mitigation measure is presented in Section a) of the Transportation/Traffic section to mitigate potential cumulative traffic impacts. c) Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly? Potentially Significant ''Unless Mitigation incorporated. There are aspects of the development allowed by the Amendments that will have environmental effects and could cause substantial adverse effects on human beings, either directly or indirectly. Mitigation measures are recommended in this Negative Declaration to reduce potential environmental effects to a level of insignificance. �t3s�e 11 of 3 I CITY OF CHUTAV1STA PLANNING AND BUILDING DEPARTMENT February 27, 2004 Andrew Hoskinson City of National City Planning Department 1243 National City Blvd. National City, CA 91950 2 LIAR 2004 Ht410:55 Subject: Case File No: GP-2003-6/A-2004-1 Consideration of a General Plan and Code Amendment to Consider Residential Development in Certain Commercial Zones Dear Mr. Hoskinson: Thank you for the opportunity to comment on the proposed General Plan and Zoning Code Amendment to permit residential development within your Medium Commercial (CM), Heavy Commercial (CH) and Shopping Center Commercial (CSC) zones. Two areas proposed potential change, W. 35th Street & National City Blvd (Broadway) and Plaza Bonita Shopping Center, would have a direct affect on the neighborhoods within the City of Chula Vista. While the City of Chula Vista is also considering the appropriateness of providing mixed use land use designations where retail, office and residential uses may be developed in a well thought-out integrated manner within infill areas, we are nevertheless concerned about your proposal for the placement of residential units within essentially a light industrial complex at the intersection of National City Boulevard and W. 35th Street (Southland Industrial Park). The mixture of residential units with these light industrial (or heavy commercial) uses is not recommended due to inevitable land use conflicts (i.e., noise, odors, truck traffic, etc.). Also, by,review of the proposed land use designation area it appears that you propose extending this designation across the Sweetwater River sensitive wetland area, south of the industrial park. This would not be an appropriate area for future development and the designation of this area does not appear appropriate. Consideration of pei nutting residential development within the Plaza Bonita Shopping Center brings with it concerns regarding increased vehicular traffic impacts on Plaza Bonita Road and its direct effects on the intersection of Plaza Bonita Road & Bonita Road and Bonita Road & I-805. Any consideration of increasing the intensity of allowable land uses within the shopping center warrants the preparation of a worst -case traffic analysis. Obviously, subsequent comprehensive traffic analyses will be expected as individual projects may come forward. 276 FOURTH AVENUE, MS P-101 C:HULA VISTA CALIFORNIA 9191E Andrew Hoskinson February 27, 2004 We expect that the potential impacts of the General Plan Amendment and the Code Amendment, as identified in this correspondence, will be fully analyzed in accordance with the California Environmental Quality Act (CEQA). We look forward to reviewing the CEQA document related to this project(s). Again, I thank you for this opportunity to comment, I enjoyed our conversation on the phone regarding your city's efforts, and I look forward to receiving additional information as the process for reviewing and analyzing these proposals moves forward. If you have any questions regarding the above comments and concerns please contact me directly at (619) 691-5254. Also, please forward any future information about the proposals directly to me and any information related to the CEQA process directly to Marilyn Ponseggi. She can be contacted at (619) 585-5707. Sincerely, Duane E. B. el Principal P1. e cc: Jim Sandoval, Director Ed Batchelder, Deputy Director Luis Hernandez, Deputy Director Mary Ladiana, Planning & Housing Manager Marilyn Ponseggi, Environmental Review Coordinator Samir Nuhaily, Traffic Engineer Frank Herrera -A, Associate Planner (J: \ PLANNING \DUANE\NATIONALCITY_MIXEDUSE.DOC) 2 Hcf ummmnH/////Ir 07S- ALlCI1� NATIONAL CITY, CALIFORNIA ///�///lll1L� 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,6,USE ONLY Case Number A ?.074'f Filing Fee $ i 00 Receipt No., Date Received 2. 4 !. By �Iw� E.A.F. Requiredcuav• suP- Related Cases SEE CHAPTER 18.112 OF THE NATIONAL CITY MUNICIPAL CODE FOR MORE INFORMATION. THE FILING FEE IS 81,600 PLUS RELATED APPLICATION FEES I/We 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 nec,essary or convenient). SG K Pr tR C�-Pm-- a.) T 'To 6Je7 c ¢A I d�'i de 'i co Code Amendment Applicatio Revised August, 2002 Page 1 of 2 PROPERTY OWNER(S) seeking the change in regulations: (Attached extra sheets if necessary). Name: "ti AV _ S . C - Ekki4pf Signatur (Signature acknowledges that this application is being filed) Address: (0 t 1S'F 304- ,WitEIT tk1 T►ophi, CET* CA-(e Phone No. t6 tit) 1317- I 33 Fax No. (IA) 331a 21V32-. Date: Name: gel u • C mcr_P_u4.1)- ignature 0(' W� (Signature acknowledges that this application is being filed) Address: t b vEK 36* srcp.r. 1 StLTiE ! /1/4-91N-T LO A-L- CtT'i, CA g I'ttj Phone No. t N) 3 3 (, - 3 Fax No. 6f )t) 36—yt}32 Date: APPI,ICA TTJ GENT 1'O PRO ERTY R(S : . J Name: pi-V,b 1)EA- (Please type or print) Signature: SGs Qvru I cnz (Signature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: Slk A3 0)6v Phone No. Fax No. Date: Code Amendment Application Revised August, 2002 Page 2 of 2 NOV -12-03 O7:35A PLANNING DEPARTMENT 619 336 4321 P.05 GENERAL PLAN AMENDMENT NATIONAL CITY, CALIFORNIA Make checks payable to the City of National (.'ity File application with the: National City Planning Department 1243 National (.Sty Boulevard National City, ('alilornia 91950 (619) 336-431(1 Pi.EASE DO NOT 1JSF. BLUE INK WHEN COMPLETING TiOTS FORM FOR DEPARTNI ONLY Case 'Number G fE• Filing Feu $ Receipt Nu. Date Received Z-1 4OL1... By E.A.F. Required Fee $ _...... Related Cases SEE CHAPTER 18.11> OF THE NAT'IONAT. CITY MUNICIPAL CODE FOR MURt: INFORMATION I.TLING FEE IS S2,1)OO P1.115 RELAYED APPLICATION FEES 1/We hereby request the National City Planning Commission to set a public hearing to consider an amendment to the National City General Plan land use designation and Change of lone on the following real property: lot Fly -r 364L- aivEE T ) R 1 t�Ptioco� C(T��.._,_ Cis, °arc SEE_ Kereuhcti FROM GN { io Co1u turFr tea /-- ) TO _.... . TILE (Applicant must furnish an Assessor's page obtainable from County Assessor's Office or a plat prepared by a title company, a licensed engineer or land surveyor showing ex• i boundaries of the subject property). This change is being requested for the following reasons) (attach additional sheets if necessary). allow in Ult° Am;/ ((siden7s:e;?/ vs 64//f Ccncaal Plan FyUImlint'4 Application Revir,ed f' gcst, 7.001 Page Y or? Ft Nov -12-03 07 t 35A PLANNING DEPARTMENT 619 336 4321 P 06 PROPERTY OWNER(S) of all property included in this application.: (Attached extra sheets ir necessary). Name:TR-tar) S. Grtt-Pv.t)f—Rtikim-PI Signature. -- (Signature acknowledges that this application is being filed) Addr• ess. tOt fike;r_ CiTztVi AddresS' Vt ET- 36414" SE-1 1,t-t—cCE_. E_ Name: 5:69tp E GALA t fazzkpcu,41- ignatur (Signature acknowledges that this application is being filed) Vhl-LttoAL CilsA ) CA R AS-0 gh-7 rt-L- 1-1 0-er Ck ASO o.6(6:()):33106294.4 (2 Phone No. Cb)5) 2.3 b 0 Fax No 07tet) Date: Date: APPLICANT 611'5 C-PtulScO '06,1E14:W01E4 GO M0'3 Name: DPil)D, k,cer .1"lease type or print) Signature Mit 4 (Signature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: tO,Lfit-cil 30- STP.E.E.1—) WoL- CATif Phone No (Oct) OtP,1 Ciel&vral Plan Antuncilytent Appliu.ation Reviscd August. 7002 11;q1e L-{E) property Addr- 101 EAST 30TH STREET, SUITE D CITY OF NATIONAL CITY, CA 91950 LEGAL DESCRIPTION LOTS 1THROUGH 20 INCLUSIVE IN BLOCK 2 AND THE EASTERLY 10.00 FEET OF "A" AVENUE AND THE WESTERLY 40.00 FEET OF "B" AVENUE CLOSED TO PUBLIC USE IN BUDD VILLA TRACT ALONG WITH THE 20 FOOT ALLEY IN BLOCK 2 CLOSED TO THE PUBLIC PER DOCUMENT DATED DECEMBER 19, 1919, RESOLUTION NO. 574 OF THE CITY OF NATIONAL CITY, RECORDED FEBRUARY 19, 1975 AS FILE NO, 75-037745 OF OFFICIAL RECORDS, ALL BEING IN THE CITY OF THE NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1067, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 19, 1907. TOGETHER WITH THAT PORTION OF THE SOUTHERLY HALF OF 29TH STREET AS VACATED BY RESOLUTION OF THE CITY OF NATIONAL CITY RECORDED NOVEMBER 4, 1988 AS DOCUMENT NO. 88-567855 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: THAT PORTION OF 29TH STREET AS SHOWN ON BUDD VILLA TRACT, MAP 1067, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER, JUNE 19, 1907, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF THE AFOREMENTIONED 29TH STREET AND THE EASTERLY LINE OF THE WESTERLY 525 FEET OF 10 ACRE LOT 6, RANCHO DE LA NACION, MAP 166, SAID MAP FILED IN THE OFFICE OF SAN DIEGO COUNTY RECORDER, _MAY 11,1869, THENCE EASTERLY ALONG SAID CENTERLINE TO AN INTERSECTION WITH THE NORTHERLY PROLONGATION OF THE CENTERLINE OF "B" AVENUE, AS SHOWN ON AFORESAID MAP 1067; THENCE SOUTHERLY ALONG SAID NORTHERLY PROLONGATION, DISTANT 40 FEET TO THE SOUTHERLY LINE OF AFORESAID 29TH STREET; THENCE WESTERLY ALONG SAID SOUTHERLY LINE TO THE INTERSECTION WITH THE AFORESAID EASTERLY LINE OF THE WESTERLY 525 FEET OF SAID 10 ACRE LOT 6; THENCE NORTHERLY ALONG SAID EASTERLY LINE, DISTANT 40 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THOSE PORTIONS DEDICATED FOR PUBLIC STREET PURPOSES NOW SHOWN AS 30TH STREET, BY THE CITY OF NATIONAL CITY IN DOCUMENTS RECORDED OCTOBER 27, 1967 AS FILE NO. 168030 AND 168031 OF OFFICIAL RECORDS. VICINITY MAP NO SCALE Li 7 MEETING DATE July 20, 2004 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 13 ITEM TITLE Public Hearing Tentative Subdivision Map and Conditional Use Permit for 47 condominium units on a property partially developed with a 12,000 square foot commercial building, at 101 E. 30th Street (Applicant: Bay Canyon Development Co. LLC and CDC) (Case File No.: S-2004- 3/CUP-2004-2) //�7��'"__ PREPARED Roger Po 336-4310 DEPARTMENT Planning EXT. EXPLANATION This project is proposed for a 1.71 acre lot at the northeast corner of 30th Street and A Avenue. The existing commercial building will remain and a new building with 47 condominium units will be constructed on the east side of the property. Consistent with the General Plan, the proposal will increase the number of home ownership opportunities in the City. The Planning Commission recommended approval of this project at their June 21, 2004 meeting. The attached background report describes the proposal in detail. Mi( gated Negative Environmental Review NIA Declaration MIS Approval Financial Statement Approved By: Finance Director N/A Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission. °ThQARD / COMMISSION RECOMMENDATION e Planning Commission recommends approval of the Tentative Subdivision Map and Conditional Use Permit. Vote: Ayes -Carrillo, Alvarado, Flores, Martinelli, Reynolds, Graham, Pruitt Absent-Saludares. Baca ATTACHMENTS Listed Below ) 1. Background Report 2. Planning Commission Resolution No. 23-2004 Including Findings and Conditions of Approval 3. Location Map A -zoo ( ev. 7 e P otographs Resolution No. 5. Mitigated Negative Declaration 6. Department and Agency Comments 7. Applications 8. Letter regarding existing on -site businesses ,9. Applicant's Plans (Exhibits A -Revised) BACKGROUND REPORT The 1.71 acre project site is located at the northeast corner of 30th Street and A Avenue in the Heavy Commercial (CH) Zone. The somewhat rectangular property has about 193 feet of frontage on A Avenue and 286 feet on 30t1 Street. The easterly one-third of the site slopes down from the west to the east. Additionally, the easterly half of the property is below the grade of 30th Street, increasingly so toward the east property line. The westerly two-thirds of the site is developed with a well -maintained, single -story, 12,000 square foot commercial building that is occupied by an environmental services company, a local newspaper office and a printing business. A 40 space parking lot, accessible from A Avenue, is located on the south and east sides of the building. The east wall of the commercial building has four roll up doors for loading. Landscape planters with mature shrubs and trees are located on the west and south side of the building and at the perimeter of the parking lot. The easterly one-third of the site is vacant and unlandscaped. Much the property is visible from 30th Street and from the single-family homes that ring the top of the canyon. Nearby uses in the CH Zone include a commercial warehouse/distribution business adjacent to the north and two-story offices to the south across 30th Street. San Diego Dodge's auto sales lot is west of the site across A Avenue in the Automotive Commercial -Planned Development (CA-PD) Zone. There are a number of single-family homes east and northeast of the site in the Single -Family Residential Extendable - Planned Development (RS-3-PD) Zone. In 1990, the Planning Department prepared a specific plan for the canyon area between the site and D Avenue. The plan included a new road from D Avenue heading west into the canyon to facilitate residential single-family development. As approved by the City in 1990, the specific plan only includes the new road in the canyon adjacent to the east side of the site. The applicant is proposing to build 47 residential condominiums in an approximately% 70 foot tall (maximum height) six level building; through an agreement with the Community Development Commission eight units will be reserved for purchase by moderate income persons. The condominiums will occupy the top four levels, while the bottom two levels will be a (partially below grade) covered parking garage. The main entrance to the building will be on the south end. The ground floor will include a sizable lobby area, a 700 square foot gym, a small mail room and a 1,600 square foot activity room with a 450 square foot outdoor terrace. There will also be eight condominium units on the ground floor. There will be 13 units on the second, third and fourth floors. The units on the first three floors will have two bedrooms and two bathrooms, with a total area of approximately 1,002 square feet. The fourth floor units will be same as the others with the addition of a 154 square foot loft area, for a total size of 1,156 square feet. All units will be accessible solely from an internal hallway; the upper floors will be accessible from the ground level via stairs or an elevator. Each will have balcony/patio areas off the master bedroom, living room and second bedroom totaling approximately 105 square feet. Additionally, the eight ground floor condominiums will have an additional 63 to 132 square feet of patio space. The two lower parking levels will be accessible from the south side. There will be a total of 88 spaces in the garage. Of the 88 spaces 26 will be arranged front to back (tandem parking stalls), such that there will not be direct access from the 13 interior stalls at all times. All parking spaces will be 19 feet deep by nine feet wide; however, those spaces adjacent to a support column will be 10 feet wide. The drive aisles in the garage will be 24 feet wide. Finally, 47 approximately 190 cubic foot storage closets will be provided in the parking garage. The residential levels of the building will be accessible from the parking levels via stairs or elevator. The building design incorporates a substantial amount of horizontal wall plane articulation along with a variety of roof planes. Metal will be used somewhat extensively on the exterior of the building. Specifically, the roof will be a standing seam metal roof, portions of the exterior walls will have metal siding, there will be a painted metal entry canopy, aluminum framed windows will be used, and the balcony safety railings will be stretched metal cable. The other portions of the building will have a stucco finish. The proposed condominium building will be located on the easterly portion of the site. It will be approximately 45 feet from 30th Street, 25 feet from the north property line, and there will be 50 to 62 feet between it and the existing commercial building; this space between buildings contains a portion of the surface parking lot. Finally, the covered parking garage below the residential floors of the building will be located up to the east property line; the residential floors of the building will be setback about 10 feet with balconies located to within 6 feet of the east property line. The proposed building will basically be built into the existing slope on the east side of the property; thus, it will appear to be six stories tall from the east and four from the west and south. Landscaped areas will include, the slope on the north side of the building, planters on the west and south sides of the building, the slope adjacent 30th Street and the planters around the existing commercial building. The landscaping will consist of a mix of trees, shrubs, vines and groundcover. Since the lower portion of the building will be built up to the east property line, there will be no landscaping except some vines on the east side of the condominium building. Usable open space will include the previously mentioned private balconies/patios, gym, activity room, 450 square foot terrace, and an approximately 820 square foot outdoor picnic/passive recreation area improved with landscaping, a trellis and decorative concrete located at the northwest corner of the new building. Finally, the parking layout adjacent the east side of the commercial building will be modified. A total of eight parking stalls will be provided adjacent to the east side of the commercial building in front of the two southernmost roll up doors. A screening trellis will be constructed around the two northernmost roll up doors, as they are proposed to be the primary loading doors. The proposed project will only be possible and consistent with the General Plan if the amendments to the General Plan, Housing Element and Title 18 of the Municipal Code on this agenda are approved. Specifically, the amendments will allow residential development in the CH Zone, at a density of up to 34.8 units/acre. There are a number of General Plan policies that the proposal will achieve. First, it will increase the number of home ownership opportunities in the City while increasing the assessed value of the site. Additionally, the proposal will place higher density housing along a major commercial road and result in a mixed use development as encouraged by the General Plan. While mixed use development is encouraged by the General Plan, it is generally envisioned as a mix of retail commercial uses, such as shops, offices and cafes, with residential units. The applicant notes the characteristics of the existing businesses, as described in the attached letter dated April 19, 2004. While the general hours of operation and noise generation by the businesses do not seem to openly interfere with the proposed residential use of the property, neither would they complement or enhance the proposed residences. Additionally, the interface of the existing commercial development and the proposed residential development is not ideal. Specifically, roughly half of the residential units will face toward the service side (loading area) of the commercial building separated mainly by a portion of the surface parking lot. This is not consistent with City Design Guidelines encouraging commercial loading areas to be located as far from the residential use as possible. The proposed trellis over the main loading door on the north end of the commercial building will help to somewhat address the aesthetics of the commercial building as it will be seen from the residential units. A condition requiring all loading and unloading to take place through only the above noted doors has been included. Each of the residential units will have air conditioning, which will allow the occupants of the units to keep their windows and doors closed to mitigate potential noise from the commercial activity on the property. Additionally a condition requiring windows and doors on the west side of the residential building to have a high sound transmission classification has been included, as has a condition requiring the commercial loading doors to be closed except when workers are actively loading or unloading materials. It is important to keep in mind that this property is'zoned CH, and that some of the uses allowed in the CH Zone may not be compatible with the proposed residential use. A condition restricting all uses in Use Group 22 Light Manufacturing has be included with the recommended conditions of approval. No conditions restricting the hours of operation or other types of businesses outside of those,listed in Use Group 22 have been recommended. The proposed development is a different style than has been seen in National City in recent years. Additionally, it is quite different in size, height, and general design than the existing development in the immediate area. The residential density is also greater than that of the adjacent residential properties to the east and northeast, which are mainly developed with single-family houses at a density of less than seven units/acre. These differences should be considered when looking at the interface of the proposal with the existing development in the area. This should be balanced against the intent of the General Plan to encourage more intensive residential development along commercial thoroughfares, which this project achieves. The above noted differences of the proposal enable it to create a greater number of residential units and to maximize the use of the site. In this way the project addresses the growing problem of a lack of developable land within the City. None of the immediately adjacent residential properties, or at least the portions of the properties adjacent to the project site are developed, despite the 1990 approval by the City of a specific plan for a roadway into the canyon from D Avenue. Thus, at this time the existing vacant land to the east and northeast will buffer the proposal from the existing structures in the area. Future development of the adjacent properties, especially those adjacent the east property line where a zero foot setback is proposed, will be affected by the proposal. The true height of the building will be most apparent from the east where all six levels will be visible. However, the change of materials and wall and roof plane variation incorporated into the building design may somewhat reduce the overall bulk and will likely make it an attractive building consistent with City Design Guidelines. There will however be no landscaping along the east property line to soften the building, since the base of the building will be located adjacent to the property line. Landscaping around the north, south and west sides of the building will soften its appearance. A condition requiring specimen trees and large plant sizes has been attached in order to maximize the effect of the proposed landscaping from the start. The proposed development will meet most Land Use Code requirements, such as floor area ratio, height, unit size, building materials. Additionally, it will meet the private/common usable open space requirements and density limits as specified in the previously mentioned General Plan/Code amendments on this same agenda. The applicant has requested several exceptions. • A zero foot rear yard (east property line) setback, where 25 feet would be required. • Use of tandem parking for 26 parking spaces, where tandem parking is prohibited. • A reduction in the required number of parking spaces from a total of 145 (for both the commercial and residential uses) to 132 spaces (88 parking garage spaces and 44 surface spaces). On several occasions staff has observed that the existing commercial businesses do not seem to use all of the available 40 parking spaces. A condition requiring each of the pairs of tandem parking spaces to be assigned to the same unit has been inlcuded. Environmental review of the proposal has been conducted and the attached Mitigated Negative Declaration (MND) details that review. The main issues discussed in the MND are visual aesthetics and traffic generated by the project. Aesthetically both the building, which is consistent with City Design Guidelines and the proposed landscaping are likely to enhance the visual urban character of the area. Although the project will generate about 375 Average Daily trips, it is not expected to have a negative impact on the nearby roads because of the existing low volumes of traffic relative to the capacities of the roads and because of the trip characteristics of residential development. Planning Commission held a public hearing on this item at their June 21, 2004 meeting. Commissioners discussed the overall quality of proposed development, the interface between the existing commercial development and the proposed residential building; they also noted the significant number of homeownership opportunities that the proposal will create. The voted to recommend approval of the proposal finding it consistent with several General Plan policies. RESOLUTION NO. 23-2004 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP AND CONDITIONAL USE PERMIT FOR 47 CONDOMINIUM UNITS ON A PROPERTY PARTIALLY DEVELOPED WITH A 12,000 SQUARE FOOT COMMERCIAL BUILDING, AT 101 E. 301v' STREET APPLICANT: BAY CANYON DEVELOPMENT CO. LLC CDC CASE FILE NO. S-2004-3/CUP-2004-2 WHEREAS, application was made for approval of a tentative subdivision map for approval of a tentative subdivision map and conditional use permit on property generally described as: Lots 1 through 20 inclusive in block 2 and the easterly 10.00 feet of "A" Avenue and the westerly 40.00 feet of "B" Avenue closed to public use in Budd Villa Tract along with the 20 foot alley in block 2 closed to the public per document dated December 19, 1919, Resolution no. 574 of the City of National City. WHEREAS, the Planning Commission of the City of National City, California, considered said application and proposed Mitigated Negative Declaration IS-2003-10 at a duly advertised public hearing held on June 21, 2004 at which time the Planning Commission considered oral and documentary evidence; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. S-2004-3/CUP-2004-2 and IS-2003-10 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 hereby taken is found to be essential for the preservation of the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence introduced in the staff report and public hearing for said tentative subdivision map support the following findings: FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION Find that the project will not have a significant effect on the environment and adopt the proposed negative declaration. ?. The proposed map is consistent with the National City General Plan and applicable specific plans, since the proposed map is consistent with the National City General Plan and applicable specific plans, since the proposed multi -family residential development, with a density of 27.3 units/acre, is consistent with the uses and density of 34.8 units/acre allowed in the Heavy Commercial (CH) Zone, and since there are no applicable specific plans. 3. The site is physically suitable for the proposed type of development, since a preliminary geotechnical investigation indicates that site will be able to structurally support the proposed development. Also, the proposed multi -family residential development will serve as a transition between the commercial uses to the west and northwest and the lower density residential uses to the east. 4. The site is physically suitable for the proposed density of development, since the site will accommodate the 47 proposed units with appropriate ratios of parking and open space, and with adequate setback areas. 5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since there is no natural habitat on the partially developed site, nor are there bodies of water, and since the site is located in the midst of an urban area. 6. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services will be provided. 7. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, since no such easements are located on the site. 8. The discharge of sewerage waste from the subdivision into the City of National'City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 9. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 10. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. FINDINGS FOR APPROVAL, OF THE CSNDITIONAL. USE PERMIT Find that the project will not have a significant effect on the environment and adopt the proposed negative declaration. 2. That the site for the proposed use is adequate in size and shape, since the site will accommodate the 47 unit six -level residential building with appropriate ratios of parking and open space, and with adequate setback areas. 3. 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 approximately 376 average daily trips can be accommodated on E. 30th Street and other nearby streets, all of which are operating well below their designed capacities. 4. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since proposed development has been designed to be visually pleasing as encouraged by City Design Guidelines, and since the proposed site layout will provide adequate setback areas and landscaping to buffer the adjacent existing development. 5. That the proposed use is deemed essential and desirable to the public convenience and welfare, since additional homeownership opportunities will be created in such a way that maximizes the use of scarce developable land area within the City. BE IT FURTHER RESOLVED that the Planning Commission has considered the proposed Mitigated Negative Declaration No. IS-2003-10, together with any comments received during the public review process, and finds on the basis of the whole record (including the Initial Study and any comments received) that there is no substantial evidence that the project will have a significant effect on the environment and that the Mitigated Negative Declaration reflects the City's independent judgment and analysis, and hereby recommends approval of the Mitigated Negative Declaration. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, the Planning Commission hereby recommends approval of said tentative subdivision map for a one lot subdivision to create 47 residential condominium units subject to the following conditions: 1. This Tentative Map authorizes a six story, 47 unit condominium building on a 1.71 acre lot at the northeast corner of 3061 Street and A 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. S-2004-3/CUP-2004-2, dated 4/21/2004. 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 plan shall include the use of specimen trees. 2. 3. All loading and unloading for commercial purposes shall take place at the two northernmost loading doors. 4. All windows and doors on the west side of the residential building shall have a higher STC rating, subject to review and approval by the Planning Director. 5. The roll up doors on the east side of the commercial building shall be kept closed at all tunes, excluding active loading/unloading periods. 6. Each pair of the 13 pairs of tandem parking stalls shall be assigned to not more than one residence. 7. A trash enclosure shall be provided in accordance with city standards. It shall have a stucco exterior to match the building. 8. The developer shall provide a declaration of covenants, conditions and restrictions, running with the land, clearly setting for the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common ownership of parking areas, walks, buildings, utilities recreational facilities and open spaces, prior to approval of the final map. Said CC&R's shall be subject to approval as to content and form by the City Attorney. The CC&R's shall allow the City the authority but not the obligation to assume maintenance of the property and assess the full cost including overhead costs therefore as a lien against the property if said property is not adequately maintained per the agreement. The CC&R's shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. 9. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess all the properties which are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attorney as to form and content, which shall include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. 10. If gated, a rapid entry system for Police Department access shall be provided in compliance with Municipal Code Chapter 10.47. 11. 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. 12. A grading and drainage plan shall be submitted showing all of the proposed and existing. on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. The checklists for preparation of the grading plan drainage plan and Standard Urban Storm Water Mitigation Plan (SUSMP) are available at the Public Works Department. 13. All surface run-off shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. 14. A soils engineering report shall be submitted for the Public Works Department's review, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. As a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4 inch Class II aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-24. All soils report findings and recommendations shall be part of the Public Works Department requirements. 15. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading plan. Any new sewer lateral in the City right-of-way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 16. An existing 15 foot wide sewer easement reserved to the City of National City exists on the property and no building encroachment will be allowed within the easement. The easement shall be shown on the plans. 17. The property is in the Federal Flood Plain area. Flood hazard permit shall be obtained from the Public Works Department. 18. The driveway on 30th Street shall be an alley entrance type driveway with pedestrian ramps. 19. A permit shall be obtained from the Public Works Department for all improvement work within the public right-of-way, and any grading construction on private property. 20. 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 adjustments. 21. A title report shall be submitted to the Public Works Department, after the Planning Commission approval, for review of all existing easements and the ownership at the property. 22. The final parcel map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. 23. The subdivider shall submit an approval letter from Sweetwater Authority stating fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the final map approval. 24. The developer shall bond for the monumentation, the public improvements and the on - site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 25. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 26. The final map shall be recorded prior to issuance of any building permit. 27. All new property line survey monuments shall be set on private property, unless otherwise approved. 28. The final map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian, and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 29. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 30. 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. 31. 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. 32. Before this Conditional Use Permit/ Tentative Subdivision Map 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/ Tentative Subdivision Map. 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/ Tentative Subdivision Map are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 33. Approval of the tentative map expires two (2) years after adoption of the resolution of approval at 5:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code § 17.04.070. The Conditional Use Permit shall expire concurrent with the tentative map. 34. All uses in Use Group 22 (Light Manufacturing) Append.ix,D of the Land Use Code shall be prohibited. 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 June 21, 2004 by the following vote: AYES: PRUITT, CARRILLO, ALVARADO, FLORES, MARTINELLI, REYNOLDS, GRAHAM. NAYS: ABSENT: SALUDARES, BACA. ABSTAIN: CHAIRMAN E E 0 0 U 0 0 0 0 0 0 J) 0 0 cL Site Photographs View of the east portion of the project site from 30th Street View of the east side of the existing commercial building BAY CANYON CONDOMINIUMS (IS-2003-10) MITIGATED NEGATIVE DECLATION Prepared for: The City of National City 1243 National City Boulevard National City, California 91950-4301 (619) 336-4310 MAY 2004 California Environmental Quality Act Initial Study Project Title and File No.: Bay Canyon Condominiums (IS-2003-10) Lead Agency: Project Contact: Project Sponsor: Project Location: City of National City 1243 National City Boulevard National City, CA 91950-4301 (619) 336-4310 Andrew Hoskinson 1243 National City Boulevard National City, CA 91950-4301 (619) 336-4310 City of National City 1243 National City Boulevard National City, Cal 9195 Telephone (619) 336-4310 Fax (619) 336-4321 David Guaderrama 101 East 30th Street, Suite D National City, CA 91950 (619) 336-0433 The project is located at the northeast corner of E. 30t" Street at A Avenue as shown in Figure 1. Project Description: The applicant proposes to develop 47 condominiums in a 68,000 square foot building. The approximately 1.72 acre site is partially developed with a 12,000 square foot commercial building, which is located on the west side of the lot. The condominium building is propose be located on the easterly portion of the lot, which is currently vacant. The condominiums include 1,002 square foot two -bedroom units on the first three levels, and 1,156 square foot two - bedroom units with lofts on the top level. A total of 88 parking spaces w411 be provided in two levels of parking below the building. Additional surface parking will be provided in conjunction with the existing commercial building. Site access will be from 30th Street. The proposed site plan is shown in Figure 2. Other public agencies whose approval is required (e.g, permits, financing approval, participation agreement): The City of National City is the only agency whose approval is required for the proposed Bay Canyon Condominiums. Page Io`i 33 SEC710N • 111 11,1. 4 Ps( jilirjon Pfir÷".MP -• 30TH STREET Source°. Design LLF Figure 2 Proposed Site Ilan ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below will be potentially affected by this project, involving at least one impact that is "Potentially Significant Impact" as indicated by the checklist on the following pages. I Aesthetics n Hazards & Hazardous Materials [ Public Services n Agriculture Resources ❑ Hydrology/Water Quality ❑ Recreation n Air Quality ❑ Land Use/Planning ❑ Transportation/Traffic n Biological Resources ❑ Mineral Resources ❑ Utilities/Service Systems Cultural Resources ❑ Noise ❑ Mandatory Findings U Geology/Soils ❑ Population/Housing DETERMINATION: On the basis of this evaluation: ] I find that the proposed project COULD NOT have a significant impact on the environment and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant impact on the environment, there will not be significant effect in this case because revisions in the project have been made by or agreed to by the projec proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT is required. n I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on an earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects 1) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Prepared by: Phil Martin & Associates Under contract with the Community Development Commission Review h.y° Andrew Hoskinson, Associate Planner Date: May 27, 2004 Department Representative Page 40t;1 �� Environmental Factors I. AESTHETICS: Will the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including but not` limited to trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare that will adversely affect day or nighttime views in the area? Id. AGRICULTURAL RESOURCES: Will the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Commission, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment, which due to their location or nature could result in conversion of farmland to non-agricultural use? Isle AIR QUALITY: Will the project: a) Conflict with or obstruct implementation of the applicable air' quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any. criteria pollutants for which the project region is non - attainment under applicable federal or state ambient air quality standards (including releasing emissions that exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? IV. BIOLOGICAL RESOURCES: Will the project: a) Have substantial adverse effects, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies or regulations or by the California Department of Fish and Game or the U.S. Fish and Wildlife Service? b) Have substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Potentially Significant Potentially Unless Less than Significant Mitigation Significant Impact Incorporated Impact No Impact ❑ m❑ ❑ ❑ 0 0 ❑ 0 0 ❑ ❑ 0 ❑ 0 0 ❑ ❑ 0 0 0 0 0 ❑ 0 0 ❑ ❑ Page 5of31; €/ Environmental Factors Potentially Significant Potentially Unless Less than Significant Mitigation Significant Impact Incorporated Impact Department of Fish and Game or the U.S. Fish and Wildlife Service? c) Have substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? ❑ ❑ ❑ d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?, ❑ ❑ ❑ III e) Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? ❑ ❑ ❑ a f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community conservation Plan, or other approved local, regional or state habitat conservation plan? ❑ ❑ ❑• No Impact V, CULTURAL RESOURCES: Will the project: a) Cause a substantial adverse change in the significance of an. historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the significance ofanr. archaeological resource as defined in § 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? GEOLOGY AND SOILS: Will the project: ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ■ ❑ ■ ❑ • a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (Refer to Division of Mines and Geology Special Publication 42.) ❑ ❑ MI ❑ ii) Strong seismic ground shaking? ❑ ❑ ❑ iii) Seismic -related ground failure, including liquefaction? ❑ ® ❑ ❑ iv) Landslides? ❑ ® ❑ ❑ b) Result in substantial soil erosion or loss of topsoil? ❑ ❑ ❑ c) Be located on a geologic unit or soil that is unstable or will become unstable as a result of the project, and potentially result in on -or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to Life or the site? Pageol3 Environmental Factors Potentially Significant Potentially Unless Less than Significant Mitigation Significant Impact Incorporated Impact e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? ❑ ❑ ❑ VII. HAZARDS AND HAZARDOUS MATERIALS: Will the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials site compiled pursuant to Government Code Section 65692.5 and, as a result, will create a significant hazard to the public or environment? e) For a project located within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport, will the project result in a safety hazard for people working or residing in the project area? f) Impair implementation of, or physically interfere with, an adopted emergency response plan or emergency evacuation plan? g) Create a significant hazard to the public or the environment through the presence or release of methane gas? VIII, HYDROLOGY AND WATER QUALITY: Will the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there will be a net deficit in aquifer volume or a lowering of local groundwater table level (e.g., the production rate of pre- existing nearby wells will drop to a level which will not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which will result in substantial erosion or siltation on- or off -site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate of amount of surface runoff in a manner that will result in flooding on- or off -site? ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ No Impact ❑ ❑ ❑ Page 7 of33 3—CD Environmental Factors Potentially Significant Potentially Unless Less than Significant Mitigation Significant Impact Incorporated Impact No Impact e) Create or contribute runoff water which will exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? 0 0 MI 0 0Otherwise substantially degrade water quality? ® 0 g) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? 0 0 0 II h) Place within a 100-year flood hazard area structures that will impede or redirect flood flows? ❑ 0 0 m i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? 0 ❑ ❑ II j) Inundation by seiche or mudflow? 0 ❑ ❑ III IX. LAND USE AND PLANNING: Will the project: a) Physically divide an established community? ❑ ❑ b) Conflict with applicable land use plan, policy or regulation of agencies with jurisdiction over the project (including, but not limited to general plan, specific plan, or development code) adopted for the purpose of avoiding or mitigation an environmental effect? ❑ ❑ m ❑ c) Conflict with any applicable habitat conservation plan or natural community conservation plan? ❑ ❑ X. MINERAL RESOURCES: Will the project: a) Result in the loss of availability of a known mineral resource that will be of value to the region and the residents of the state? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? XL NOISE: Will the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? b) Exposure of person to or generation of excessive ground borne vibration or ground borne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? ❑ ❑ 0 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ I-1 ❑ Page 8 oH33 Environmental Factors e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport, will the project expose people residing or working in ❑ El El ■ the project area to excessive noise levels? XIIL POPULATION AND HOUSING: Will the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example through extension of roads or other ❑ ❑ IIinfrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing ❑ ❑ CIelsewhere? c) Displace substantial numbers of people, necessitating the ❑ ❑ ❑ construction of replacement housing elsewhere? XIII, PUBLIC SERVICES: Potentially Significant Potentially Unless Less than Significant Mitigation Significant Impact Incorporated Impact No Impact a) Will the project result in substantial adverse physical impacts associated with the need for, or provision of, new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other { performance objectives for any of the public services: ❑ ❑ ❑ i) Fire protection? ❑ ❑ ❑ ii) Police protection? Ell Schools? ❑ ❑ iv) Parks? v) Other public facilities? ❑ ❑ ❑ • XIV. TRANSPORTATION/TRAFFIC: Will the project: a) Cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management Commission for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? 1 Result in inadequate parking capacity'? ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Page a�e9of33 g) Environmental Factors Conflict with adopted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? XVI. UTILITIES AND SERVICE SYSTEMS: Will the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? ❑ ❑ b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? ❑ ❑ c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the. construction of which could cause significant environmental effects? ❑ d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? ❑ e) Result in a determination by the wastewater treatment provider that serves or may serve the project that! it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? ❑ f) Be served by a landfill with sufficient permitted capacity toi' accommodate the project's solid waste disposal needs? ❑ g) Comply with federal, state, and local statutes and regulation4. related to solid waste? ❑ Potentially Significant Potentially Unless Less than Significant Mitigation Significant Impact Incorporated Impact No Impact XVII. ENERGY: Will the project: ❑ ❑ ❑ ■ ❑ ■ ❑ ❑ • ❑ ❑ ❑ ■ ❑ ❑ El a) Result in an adverse impact on local and regional energy supplies, including base or peak period demands, regardless of the presence of a will -serve letter from the appropriate energy provider? ❑ ❑ ❑ b) Conflict with existing energy standards? ❑ ❑ ❑ c) Will the project reduce solar access or opportunities for passive heating and cooling on the site or nearby property? Less than Significant Impact ❑ ❑M ❑ XVIII, MANDATORY FINDINGS OF SIGNIFICANCE: a) Does the project have the potential to degrade the quality of the environment, substantially reduce the Habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal comrnunity, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory Pagc t0 0£33 2) Environmental Factors Potentially Significant Potentially Unless Less than Significant Mitigation Significant Impact Incorporated Impact b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of.. past projects, the effects of other current projects, and the effects of probable future projects.) c) Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly? No Impac Page i 1 of 33 Explanation of Checklist Responses AESTHETICS: Will the project: a) Have a substantial adverse effect on a scenic vista? Less Than Significant Impact. The National City General Plan does not specifically identify any scenic vistas in National City. Therefore, the project will not impact any designated scenic vistas in National City. b) Substantially damage scenic resources, including but not limited to trees, rock outcroppings, and historic buildings within a state scenic highway? No Impact. There are no state scenic designated highways in National City, including E. 30 Street. The project will not impact any state scenic highways. c) Substantially degrade the existing visual character or quality of the site and its surroundings? Potentially Significant Impact Unless Mitigation Incorporated. The project proposes to construct a six -level condominium building, including two parking levels in a canyon north of E. 30th Street and east of A Avenue. The building is approximately 210 feet long and 124 feet wide and is 64 feet in height and totals approximately 68,600 square feet. The condominium building will be highly visible from the surrounding residential areas to the east, north, and west. Some residents south of 30th Street will see the upper stories of the building because the building will extend approximately 40 feet above E. 30th Street. Some of the building will be visible from D Avenue, which is located east of the site. The building will also be highly visible to motorists traveling east and west along E. 30th Street, which is adjacent to and south of the project. The canyon area where the project is proposed is vacant and there are no buildings in the floor of the canyon. Figure 3 shows photographs of the site and the surrounding residential areas that will have direct views of the project. As shown, the project will be directly visible to the residents along both sides of the canyon. The National City Design Guidelines were adopted to assure that development is in harmony with the character and quality, of the environment that the City finds desirable to foster. The purpose of the National City Design Guidelines Manual is t provide a "guide" to what the City considers appropriate, quality design, which promotes the health, safety, and genera welfare of the community. The Guidelines articulate the City's goals and basic design philosophy for quality development within the City limits and provide the framework for the design review process. The Guidelines are noti specifications nor do they preclude alternatives or restrict imagination. They are the City's preferences and provide examples of what the City considers acceptable.' The Guidelines supplement the development standards and regulations contained in the National City Land Use Code and are applicable in accordance with the requirements for site plan review under Chapter 18.128 of the Code. The Bay Canyon Condominium project is considered infill because there is urban development surrounding the site. The Design Guidelines have architectural consideration criteria for multiple family infrll projects, which are applicable to the project. Some of the architectural considerations in the Guidelines applicable to the Bay Canyon project encourage new multiple family developments in existing neighborhoods to maintain the scale or existing structures in the neighborhood. For example, window and door detailing, facade decoration, materials, colors, roof style and pitch, porches, inclusion of elements such as balconies and porches for aesthetic value and break up large wall masses, wall planes should not turn in one continuous direction for more than 20 feet without a change of at least 3 feet, and other aesthetic guidelines. The building elevations of the project are shown in Figures 4 and 5. As shown, the building has balconies for the units on the top level and patios for the units on the three lower levels, changes in the wall plane with architectural projections to eliminate long wall masses as encouraged by the Guidelines. The building has relief features to break up large wall planes on all sides of the building. In terns of site design considerations the Guidelines provide information to assure a residential infill project is compatible with surrounding residential areas. Some of the criteria applicable to the project include access to parking should be taken from an adjacent alley whenever possible, the building height should be considered within the context of their surroundings and buildings with greater height may require additional setbacks at the second story to as not to impose on adjacent single story uses. The Bay Canyon project is unique because the site is in a canyon and much lower in elevation than the sutrounding single-family residences. 'Because the building is in a canyon the size of the building will not be as visible and t'ity of National City Design Guidelines, i ebruary i 991 , Amended by Resolution No. 96-19, February 6, 1996, page I-1. Page 12 of 33 je. 1'.11 s P: Photograph 1: Looking northeasterly from 30th street at the residences east of site. PhOcograph 2: 1,00hing north from 30th Street at the site. Source: Phd IViartin and AssociMcs Figure lEidsting, Uses ir7 illi\111111\all.invit-..,,, dliiiNfinir="1,11L III 1111 imuu.,........ iii.111,1 1 mi 11;i1 • 111114 1 al [Ill -' MI. 1! 1111111 UNDERGROUND PARKING BEYOND SOUTH ELEVATION 0 816' 32' LJ I inffinnni liEllillhIME1111F InriPP1?11111111111101q11111111IIIPINII Ill -. 0111 1 11111_ IP di 1. iiitinti liniVi iiraillfilliiillitilliiii- nil; LORI Iii __- - ,_L tiLI tiii Z1151'iriiiialli6milic4 •tiltili6._J L mit4114111 L. III AJAR ail p.-- E Unli r 10 Ili 1111111 IIIII. RH Ifni III .. WE 1111111 1111,111.11 1111 1 — — I/ EAST ELEVATION 4 Figure 4 Source: Design Lead' ULF South & East Elevations 1 1 11,1 fr:«4 it .3Aft,j, 0 i NW H - B »D omm,Hismin 0 • 11 1.III JR 0 0 issiaL malum UNDERGROUND PAPA3NG BEYOND NORTH ELEVATION 0 816' 32' I __I ilufilliplo ..„-----------1.T1117 UM IOU:1h 11111P1,111111:1111117111,111iIiiiri 1111 filloollioll IL,110 I -.410f4A41 logilki lifilsolvii 1 l , 1II IC 1111111111 ANN I iligliMI 1111121111 n IIIIIIII1 111 111,1 iA4MINIII SHIM I SI AV! i•iIij 11 101411 MEI UWEAGROUND PARKING WEST ELEVATION Sti1M Design ILend LL Figure 5 North and West Building Elevations intrusive if it were constructed within an adjacent neighborhood. There are no alleys adjacent to the site to allow acces Because of the difference in elevation of the project site and surrounding residences the project height will not impact t area as much if the building was located in one of the adjacent neighborhoods. Since the condominium building is located much lower than the surrounding residences the difference in the building height of the condominium building compared to the residences in the area is not significant. The proposed building is significantly taller than the residences in the area, but the height difference is not as noticeable because the building is in a canyon. The third and fourth floors of the building could be setback as suggested by the Guidelines to take into account the single -story residences in the area to reduce some of the building bulk. Incorporating a setback on the upper levels will reduce some of the impact of the bulk of the building on the surrounding residents. The Guidelines also address security considerations for residential infill development. Some of the most common security problems for multiple family projects are: uncontrolled access to parking where outsiders may enter freely; uncontrolled pedestrian access to the site; unassigned common areas, including parking spaces, provide opportunities for outsiders to go unnoticed on the site; security at building or site entrances is difficult to maintain if not visible from the public street or from well use common areas within the complex; etc. Vehicular access to the site will be from 30th Street. A driveway will extend from 30th Street to the site to both the underground parking as well as surface parking along the west side of the building. As recommended in the Design Guidelines the entry into the subterranean parking structure should be controlled to prevent uninvited guests from parking in the structure. Residents and guest parking should be clearly marked. Access into the building by pedestrians should also be controlled to avoid their direct access without knowledge of a resident to discourage uninvited parking. The site is essentially vacant and void of any landscape vegetation. The project will be landscaped to enhance the aesthetics of the project from the surrounding development and improve the area. The proposed landscape plan is shown in Figure 6. As shown in the landscape plan the building set -back area around the project perimeter will be landscaped with a variety of trees, shrubs, groundcover, and other landscape material to buffer the project from the surrounding development and improve the aesthetics of the site itself. It is not stated on the landscape plan, but the introduced landscape materials should be of adequate size to provide the feel the project has been developed for a few years and the landscape material properly buffe the project from surrounding uses. To comply with the City of National City Design Guidelines the following mitigation measure are recommended. l . Access to the subterranean parking structure shall be controlled to discourage unwanted guests from parking in the structure. 2. Mature landscaping as defined by the City shall be planted in all designated landscape areas. d) Create a new source of substantial light or glare that will adversely affect day or nighttime views in the area? Less Than Significant Impact, The site is vacant and the project will significantly increase the amount of light and glare that originates from the site compared to the existing condition. There will be nighttime lighting on the site for safety and security purposes, interior lights of the condominium units themselves, headlights, etc. The residents in the area will notice an increase in nighttime lighting on the site. The City does not allow floodlighting; therefore the lighting that will be generated by the project will be consistent with similar multi -family development and not out of character with the type of use proposed. The location of the project in the canyon will help mitigate some of the impact of increased lighting, especially to the residents south of the site. The nighttime lighting of the project is not anticipated to significantly impact existing residences in the immediate area, although there will be an incremental increase in nighttime lighting on the site. The project will generate new sources of glare from the metal building surfaces and windows. The building elevations shown previously in Figures 4 and 5 show the roof will be seam metal and a portion of the sides of the building will metal. Other building materials that could generate glare include metal window frames and metal handrails. The City will require that all of the metal surfaces will be painted to reduce the amount of glare generated from the building. Painted metal surfaces should reduce the glare from the project and not significant impact the daytime views of surrounding land uses. The. City will review the building plans for potential lighting and glare impacts prior to the issuance of building perrnits. If the City identifies any lights or building materials that could significantly impact the nighttime or daytime views of area residents or businesses the City will require changes and modifications to reduce or eliminate the impact. Page 16 of 3'. { oow,Yvve COPC00:a Paving Tealuren. Galatea Concrete Pavng --- G Heianl P.0p0:y IenCr,F -{ _ _ ___ _ 1 - G E S Ee ! LANDSCAPE PLAN to' 2151 30TH STREET Source: Landscape Resource Group PLANT LEGEND iREEE TiVMBOL ys` - SyaBnds Iomamat0anuo t Outtn Pain - Faun nia aleiaaIN I Ha,q hang Orcnia Ti-ea BOTAHICAt HAMF roMMOH NAM!. Earsllnq Tracts to Remalr -- Malelel.ca q.Sngaeneraa l Catepu: f roe Phoenix frwgal0eii I PiAmy Dale PdIC� T'C SHRUBS SYMBOl. BOTANICAL NAME! COMMON NAVE _"„-_.j---ABopantlun vanelws • Liy of tlla NJe ^ L -- Baugamvdlea San 5a0o Pen r Bavgamnnaa 0EN0 m..e I ' -^ ----- Capylme auwSIs Alioo,Pv.ea l BIOnaa OraoBe^. S 1 Escallon'.a Fruna of Eeranonv Pnennren tanax vanauen / New Zeata1E Ftio Pnhna 'men I NCH - RhaplixHoos inerCo rinaia i1aw'na ORIIWs venotom r Tr fliaat V,ne GROUNOCOVERS SYMBOL .BOTANICAL NAf)IEICOMMON BAh1E F--Fimune Groun4Mver10 Remo., `1� M Paialaaitn:rn oeoteinll':': 4•,;c.e:rur \\V\1\X\.Si Gala PVa el asGa-a ea V, ardndhair Pa: nr�nAie CONTAINER PLANTINGS SYMBO6, f,fBERIPSION 5'Oia foolt. Eenerni 3iWeeping Chinese Banyan Q - 4' Orametq PoeSut Conmlameg PipntpSlandamrTree Rentealep} rAa;ea n. B 2.: Pxa•Caal Gor crate Pu111el Plantea'w'ln Agepenlhus rerel.es, l'y of the Nle Figure 6 Landscape Plan IL AGRICULTURAL RESOURCES: Will the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Commission, to non- agricultural use? No Impact. The site is vacant and there are no agricultural operations either on the site or in the area. The project will not impact agricultural resources or operations. b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? No Impact. Please see a) above. c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of farmland, to non-agricultural use? No Impact. Please see a) above. III. AIR QUALITY: Will the project: a) Conflict with or obstruct implementation of the applicable air quality plan? Less Than Significant Impact. The project is located in the San Diego Air Pollution Control District. The development of 47 condominiums will generate both short and long-term air emissions. The short-term air emissions will be generated by the operation of motorized grading equipment to grade the site, motor vehicles of workers commuting to the site, trucks delivering materials to the site, the operation of generators for electricity, etc. Particulates due to dust and diesel exhaust will also be generated during construction. The long-tem air emissions will be generated throughout the life of the project from the operation of motor vehicles, water heaters, landscape maintenance equipment such as lawnmowers and leaf blowers, etc. The air basin is non -attainment for ozone. The project air emissions will contribute both short and long-term air emissions to the San Diego Air Basin. While the project itself will not exceed air emission threshold levels, it will cumulatively contribute emissions to the basin. b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Less Th Significant Impact. The project will generate both short and long-term air emissions during project construction and the 1 of the project, respectively. While the project is not expected to exceed any air emission thresholds during either project construction of the life of the project, it will contribute air emissions to the San Diego Air Basin on a cumulative basis. Due to the small scale of the project, the short and long-term project air emissions will not by itself cause the San Diego Air Pollution Control District to exceed ozone threshold levels. The project will incrementally contribute air emissions, but it will not cause the District to violate air quality due strictly to the project. The City will require the project developer to incorporate specific measures into the project during both project construction and the life of the project to reduce air emissions and particulates to minimize air emissions. The implementation of all City required measures to reduce air emissions will minimize air quality impacts by the project. c) Result in a cumulatively considerable net increase of any criteria pollutants for which the project region is non - attainment under applicable federal or state ambient air quality standards (including releasing emissions that exceed quantitative thresholds for ozone precursors)? Less Than Significant Impact. The San Diego Air Pollution Control District is non -attainment for ozone. Although the project will cumulatively contribute air emissions to the air basin the incremental increase in emissions will not cause a cumulatively considerable increase in ozone. d) Expose sensitive receptors to substantial pollutant concentrations? No Impact. The development of the project will not expose sensitive receptors to any greater pollutant concentrations than any other residential development in National City. There are no known pollutants that will be generated by the project that will be substantial and impact sensitive receptors. e) Create objectionable odors affecting a substantial number of people? No Impact. The project will not create any known objectionable odors that could affect people. BIOLOGICAL RESOURCES: Will the project: ) Nave substantial adverse effects, either directly or through habitat modifications, en any species identified as a candida sensitive, or special stater species in local or' regional plans, policies or regulations or by the California Department dui Fish and Gain or the J, ,(1. Fish and Wildlife Service? No T< n net. The project site is vacant and there are no fish, wildlife, Pagel8ofi 34 or plant species on the site that will be impacted by the project. There are no habitat conservation plans associated with the site. The project will not have any biological resource impacts. b) Have substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, pollicies, and regulations or by the California Department of Fish and Game or the U.S. Fish and Wildlife Service? No Impact. See response to a) above. c) Have substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? No Impact. See response to a) above. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? No Impact. See response to a) above. e) Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? No Impact. See response to a) above. f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional or state habitat conservation plan? No Impact. See response to a) above. V. CULTURAL RESOURCES: Will the project: a) Cause a substantial adverse change in the significance of an historical resource as defined in Section 15064.5? No Impact. A review of the National City Identified Historic Sites list does not show there are any nationally registered or locally designated buildings on the site. The project is not anticipated to impact any known historical resources. If historical_. resources are discovered during grading or construction the City will require that the resources are protected in compliant with CEQA Guideline § 15064.5. b) Cause a substantial adverse change in the significance of an archaeological resource as defined in §15064.5? No Impact. The National City General Plan does not identify any archaeological resources on the site. The project. is not anticipated to result in any archaeological impacts. c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? No Impact. The National City General Plan does not identify any paleontological resources on the site. The project will not impact paleontological impacts. d) Disturb any human remains, including those interred outside of formal cemeteries? No Impact. There are no cemeteries on or adjacent to the site. The project will not impact human remains, including those within or outside of formal cemeteries. VI. GEOLOGY AND SOILS: Will the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault zoning map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (Refer to Division of Mines and Geology Special Publication 42.) Less Than Significant Impact. Based on information in the City of National City General Plan and the California Geological Survey there are no known active faults in National City. However, there are several faults outside the City that could impact the project. The Sweetwater Fault extends along the eastern edge of National City, but is considered to be inactive. The potential for movement on the nearby active La Nacion and Rose Canyon faults, located outside National City, could have devastating effects on development in National City as well as other areas in San Diego County. The region is also prone to earthquakes that could occur on more distant faults, such as the Elsinore, San Clemente, San Jacinto and Andreas. and suitable precautions should he practiced'. The City will review and must Approve the building pia,,., v,if Nuicnal City (;enerid Plan.. approved September fQ 1996, pare 18. Page 19 of 33 3 L before construction can occur. As part of the building plan review and permit process the project will be required t incorporate all applicable measures in the Uniform Building Code to protect people and structures from the ruptur of earthquake faults that could impact the project. The City will require the preparation of a geotechnical study that will have to be submitted with grading and building plans that identifies the geology of the site and if the site conditions can safely support the project or if corrective soils and geological measures will be required. There is no information at this time to indicate the project will be impacted to any greater level than any other residential development in this area of the City. The incorporation of all applicable earthquake safety features required by the Uniform Building Code and recommended in the geotechnical report will reduce any significant geologic risks. ii) Strong seismic ground shaking? Less Than Significant Impact. Based on information in the City of National City General Plan there are faults in the region that could cause ground shaking at the site. The project will not expose residents or the structure to any greater degree of ground shaking than currently exists in National City. The project will provide all applicable earthquake construction measures and hardware required by the Uniform Building Code to reduce ground -shaking impacts. The incorporation of all applicable earthquake and seismic hardware will minimize seismic impacts to less than significant levels. iii) Seismic -related ground failure, including liquefaction? Potentially Significant Unless Mitigation Incorporated. Groundwater is located close to the surface in several areas throughout National City. It is not known at this time if the project site is subject to liquefaction or not because a soil and geotechnical report has not been completed. In order to determine whether or not the project could be impacted by liquefaction a soils and geotechnical report will have to be prepared to determine if liquefaction or any other seismic related ground failures could impact the project. If the site is subject to liquefaction or other seismic -related ground failures, measures will have to be incorporated into the project to the satisfaction of the City Engineer to correct the impact suitable for development as proposed. The following mitigation measure is recommended to determine whether or not the site could be impacted by liquefaction or other seismic -related ground failure. 3. A soil and geotechnical report shall be submitted to the City along with the grading and buildin plans that determines if the site is exposed to liquefaction or other seismic -related ground failure If potential ground failures are identified that could significantly impact the development as proposed the measures recommended in the report shall be incorporated into the project to correct the ground failures and allow safe construction of the building. . iv) Landslides? Potential Significant Impact Unless Mitigation Incorporated. The site is located in a canyon and a portion of the condominium building will be constructed on a hillside. A soils and geotechnical report has not been prepared so it is not known at this time if a landslide associated with the hillside will impact the project. The following mitigation measure is recommended to determine whether or not a landslide will impact the project. 4. A soils and geotechnical report shall be submitted to the City along with the grading and building plans that identifies whether or not the project will be impacted by a landslide. If the soils and geotechnical report determines the project will be impacted by a landslide, the report shall list measures that can be implemented to allow the safe construction of the building so it is not impacted by a landslide. b) Result in substantial soil erosion or loss of topsoil? Less Than Significant Impact. Bare soil will be exposed during grading and construction of the project. Soil erosion will occur if construction is on going during the winter months when rainfall typically occurs and proper measures to reduce soil erosion are not implemented. Soil erosion will also occur during periods of high winds if proper soil erosion protection measures are not in place. The incorporation of all applicable soil erosion prevention measures that are typically required by the City for development projects will minimize soil erosion impacts during both periods of rainfall and high winds. The National City Building Department will identify the soil erosion protection measures that will be incorporated into the project during project construction and the life of the project to reduce soil erosion at the time building plans are submitted for approval. ri) 13e located on a geologic unit or soil that is unstable or will become unstable as a result of the project, and potentially result in o,- or off -site l,Erdslide, lateral spreading,. subsidence; liquefaction or collapse? Potentially Significant Impac' i ilr f- ss Mitigation locof co! ati2ci, The National City General Plan does not identify any geologic conditions on the site than._ wilt impact residential development. however, the canyon where the project is located has been filled with dirt in the past Page 20 or 33 3 that may not be stable. The project could be impacted by uncompacted and unengineered fill due to lateral spreading, subsidence, etc. In order to determine if the on -site soils are suitable for the project a soils and geotechnical report will have to be submitted to the City along with the grading and building plans. The following mitigation measure is recommended to determine if the on -site soil and hillside has potential for landslides, lateral spreading, subsidence, liquefaction, or collapse. 5. A soils and geotechnical report shall be submitted to the City along with grading and building plans to determine if the site is exposed to soil conditions that could impact the project including on -or off -site landslides, lateral spreading, subsidence, liquefaction, or collapse. If the project will be impacted by these conditions, or other conditions that will impact the project the report shall list measures that can be implemented to allow the construction of the building. d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or the site? Potentially Significant Impact Unless Mitigation Incorporated. The National City General Plan does not identify any expansive soil on the site. However, soil was imported and placed on the site in the past and it is not known if the fill material was compacted and engineered. It is also not known if any of the imported fill is considered to be expansive soil. In order to determine whether or not the on -site soils are expansive a soils report will have to be prepared. The mitigation measure listed in above will determine if the on -site soils are expansive and expansive soils do exist the soil and geotechnical report will list measures to reduce the impact of expansive soil. e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? No Impact. The City of National City requires all development to connect to the public sewer system. There is an existing sewer line adjacent to the site that will provide wastewater disposal for the project. The project will not have any impacts with the use of septic tanks. VII. HAZARDS AND HAZARDOUS MATERIALS: Will the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardou materials? No Impact. The project does not propose the use of any materials that can be considered hazardous and will not create a significant hazard to the public or the environment. Residential development does not typically use hazardous materials or chemicals in any quantity that will create a significant hazard to the public or the environment. The hazardous materials that will be used by the residents include cleaning materials such as disinfectants, window cleaners, bleach, etc. The concentrations of these types of cleaning materials are not hazardous and will not create a health hazard to the public or the environment. b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? No Impact. See response to a) above. c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? No Impact. See response a) above. d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, will create a significant hazard to the public or environment? No Impact. The project site is not listed as a hazardous material site pursuant to Government Code Section 65962.5. e) For a project located within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport, will the project result in a safety hazard for people working or residing in the project area? No Impact. The site is not located within the boundary of an airport land use plan or within two miles of a public airport. The closest airport is the San Diego International Airport, which is approximately seven miles northwest of National City. impair implementation of or physically interfere with, an adopted emergency response plan or emergency evacuation plan? No impact, The projectwill not impact emergency response plans or evacuation plans or reduce emergency response times. J) Create a significant hazard to the public or the environment through the presence or release of methane gas? No Impact. Fhc project will not create a hazard due to the release of methane gas because methane gas is not known be present on the site and the project does not propose to use methane gas. Page 21 of 2 { VIII. HYDROLOGY AND WATER QUALITY: Will the project: a) Violate any water quality standards or waste discharge requirements? Less Than Significant Impact. The project will not violate water quality standards or waste discharge requirements. The project will be required to submit a Storm Water Pollution Prevention Plan (SWPPP) to the City for review prior to the issuance of grading or building permits. The SWPPP will include Best Management Practices (BMP's) to reduce soil erosion. The BMP's will be installed prior to the start of grading to reduce sediments and other materials from being carried off -site and discharged into the local storm drain system. Some BMP's will be maintained throughout the construction period only while others must be maintained throughout the life of the project. The City will require the installation of BMP's as necessary to mitigate impacts to water quality in compliance with all applicable State and Federal water quality rules and regulations. The project will not have any significant water quality impacts with the implementation of a SWPPP. b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there will be a net deficit in aquifer volume or a lowering of local groundwater table level (e.g., the production rate of pre-existing nearby wells will drop to a level which will not support existing land uses or planned uses for which permits have been granted)? No Impact. The Sweetwater Authority provides water service to National City and has indicated it has an adequate supply of water to serve the project without impacting its current or future water supplies. The project will not have any water supply impacts. The project will be required to provide all state mandated low water fixtures such as toilets, showerheads, etc. to reduce water consumption. c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which will result in substantial erosion or siltation on- or off -site? Less Than Significant Impact. The project is located at the downstream end of a canyon and water collects on the site during periods of heavy rainfall. A 24-inch standing corrugated storm dram collects surface water runoff that collects on the site and discharges the water into a 66-inch storm dram that is located under the site. The 66-inch storm drain extends southwesterly under 30th Street and empties into the Sweetwater Marsh west of Interstate 5. Figure 7 shows the location of the existing storm dra facilities that will serve the project. The 66-inch storm drain has capacity to handle the surface water runoff from the project. The existing drainage pattern on the site and in this end of the canyon will be changed during grading operations. The elevation of the site will be raised to protect the building and other improvements from standing water. The Flood Insurance Rate Map (FIRM) for this area states that the standing water depth on the site is 1-3 feet 3 Although the project will redirect existing flows in order to develop the site as proposed, the alteration of the storm water course will not increase erosion or siltation on or off the site. Upstream surface water flows as well as the surface water generated by the project will be directed to the existing storm drain system on the site. d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate of amount of surface runoff in a manner that will result in flooding on - or off -site? Less Than Significant Impact. The existing drainage patterns on the site will be altered to allow for development of the project. The upstream drainage as well as the project generated drainage will be collected and discharged into the existing 66-inch storm drain under the site. The project will be required to retain on -site any increase in surface water flows greater than the existing flows. The project will not alter any existing drainage patterns that will flood properties either on or off -site. e) Create or contribute runoff water which will exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? Less Than Significant Impact, Please see response d) above. .fl Otherwise substantially degrade water quality? Less Than Significant Impact The City will require the project to have a SWPPP and install BMP's to reduce surface water quality impacts. The project will not substantially degrade water quality with the implementation of a SWPPP. g) Place housing within a 100year flood hazard area as napped on a Federal Flood Hazard Boundary or Flood insurance Rate MU or ntherfiood hazard rfelineatiore map? No Impact. The site is not located in a 100-year xl insurance Rate Map Panel Nut-ober 06073E1 19t 1F, June 19, 1997 Page 22 of 3 ; 3 5- al!S agsIxa aan2L3 HIM ' - -T- .-- / I { 111, 41 "I sappossy 2s1 uzA_ illE{ :331110S to flood zone. The site is located in flood zone AH with a standing water depth of 1-3 feet 4 The structures will be protecte from flooding, since they will be constructed above the flood depth elevation. All structures will require a certificate elevation before occupancy permits will be issued to confirm they are not subject to flooding. The project will not place housing in a 100-year flood hazard area. h) Place within a 100 year flood hazard area structures that will impede or redirect flood flows? No Impact. Please see g) above. i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? No Impact. The site is not located within a dam inundation area and there are no levees that could break and allow the site to flood. No people or structures will be exposed to significant risk of loss, injury or death due to flooding. j) Inundation by seiche or mudflow? No Impact. There are no large bodies of water that could impact the site due to a seiche. IX. LAND USE AND PLANNING: Will the project: a) Physically divide an established community? No Impact. The project will not physically divide an established community. The project will be compatible with the adjacent residential and commercial development. There are residences north and east of the site. Adjacent to the condominium building on the same site is an office building. South of the site is a mixture of office buildings and single-family residences. The condominium project will not divide either the existing residential or commercial uses in the area. b) Conflict with applicable land use plan, policy or regulation of agencies with jurisdiction over the project (including, but not limited to general plan, specific plan, or development code) adopted for the purpose of avoiding or mitigation an environmental effect? Less Than Significant Impact. The proposed project requires changes to the City's General Plan (GPA-2003-6) and Land Use Code to allow residential development in the Heavy Commercial (CH) Zones and to allow residential development at a maximum density of 35 units/acre. A separate Negative Declaration (IS-2004-5) has be prepared for the required General Plan and Code Amendments. If the Amendments are not approved, the proposed proje will not have any significant effect on City policy and regulations, as it will not be carried out. 4. c) Conflict with any applicable habitat conservation plan or natural community conservation plan? No Impact. See response in Section IV f) above. X. MINERAL RESOURCES: Will the project: a) Result in the loss of availability of a known mineral resource that will be of value to the region and the residents of the state? No Impact. The National City General Plan does not identify mineral resources on the site. The project will not directly or indirectly impact minerals of value to the region or the state. b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact. Please see response a) above. XL NISE: Will the project result in a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? Less Than Significant Impact. The project site is located in a canyon with surrounding residential and commercial development. The site is vacant and the noise levels that affect the site are due to motor vehicles on E. 30th Street, A Avenue, and D Avenue and activity associated with the office building adjacent to and west of the site. (hid The residents and businesses adjacent to the site will experience an increase in short-term noise during grading and project construction. Noise from the operation of grading equipment, pneumatic tools, drills, power saws, etc. will be heard at the residences in the surrounding area. The City has construction noise limits that must be met during the grading an Page )4 of ti3 3 construction phase of the project. All construction activity will be required to meet the City's noise construction noise criteria, which prohibits construction between the hours of 7 p.m. and 7 a.m. Monday through Friday along with weekends and holidays. Outside of these hours, construction equipment must not exceed the maximum noise levels presented in Table I, Construction Equipment Noise Limits. Table 1 Construction Equipment Noise Limits Type H Areas Type I Areas Semi -Residential Equipment Type Residential Commercial Mobile Equipment Maximum noise levels for nonscheduled, intermittent, 75 dBA 85 dBA short-term operation (less than ten days) of mobile equipment: Stationary Equipment Maximum noise levels for repetitively scheduled and relatively long-term operation (periods of ten days or more) of stationary equipment: 60dBA 70dBA The noise levels generated during construction could have short-term noise impacts to area businesses and residents. Some grading and construction activities could impact the residents and businesses closest to the project site. Compliance with the City's construction noise equipment limits will reduce short-term noise impacts to less than significant levels. The project will also have long-term or operational noise level increases with the daily activities of a residential project, which include the operation of motor vehicles, stereos, radios, children playing, landscape maintenance equipment, etc. The daily noise levels that are associated with residential development will not generate noise levels that will exceed the City noise criteria and expose project or adjacent residents to significant noise impacts. b) Exposure of person to or generation of excessive groundborne vibration or groundborne noise levels? Less Than Significant Impact. There will be ground borne vibration and noise impacts during the grading and construction of the project. The vibration and noise impacts will cease upon completion of the project. However, during construction some vibration to compact the soil could impact residents and businesses in close proximity to the project site. Ground borne vibrations with dirt compaction will exist for a short time and cease upon completion of grading. All construction noise will have to comply with the City's noise ordinance as stated previously. There are no residences immediately adjacent to the site so it is not expected the project will have any significant ground borne vibration impacts. All noise generated during construction and throughout the life of the project must meet City noise criteria. The project is not anticipated to have any significant adverse noise or vibration impacts to adjacent land uses. c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? Less Than Significant Impact. The project will increase the ambient noise level in the immediate project area due to the daily activities that occur with residential development such as the operation of motor vehicles, stereos, radios, children playing, the operation of landscape maintenance equipment, etc. However, the project design mitigates this potential. Most residential noise will be contained within the units, especially since there is little outdoor area included in the proposal. Also; many of the units will face a commercial use, and will not contribute to an increase in noise. Additionally, most of the residential parking will be enclosed. The residential use will likely be less intrusive with regard to noise than a commercial use, which would involve more traffic and parking noise. Therefore, the project will not result in a substantial permanent increase in the ambient noise level in the project vicinity. rd) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Less Than Significant impact. The activities associated with the grading of the site and construction of the building could temporarily increase the ambient noise level in the immediate vicinity of the project. Some construction noise - activity could impact adjacent residents and businesses. All construction activity must comply with the City's construct noise limits therefore, it is not anticipated there will be any substantial temporary or periodic increases in the ambient noise levels with the project. �Q Page 25 of 3 ✓C. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of public airport, will the project expose people residing or working in the project area to excessive noise levels? No Impac The project is not located in an adopted airport land use plan. The San Diego International Airport is the closest airport to the project site and is located approximately seven miles northwest of National City. The project will not expose people to excessive noise levels associated with an airport. XII. POPULATION AND HOUSING: Will the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example through extension of roads or other infrastructure)? Less Than Significant Impact. Based on an average of 2.735 people per unit, the project is estimated to generate 129 residents. The additional of 47 new residential units is not significant, since National City is an urbanized area already containing over 15,000 units. b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? No Impact. The site is vacant and no homes will be displaced. c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? No Impact. See Response b) above. XIII. PUBLIC SERVICES: a) Will the project result in substantial adverse physical impacts associated with the need for, or provision of, new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: i) Fire protection? Less Than Significant Impact. The project will increase the need for fire protection services to review building plans, conduct fun inspections in the building, respond to calls for services, etc. The increase in fire protection services could impact the fire department and its ability to respond to the service calls. The fire departme will review the building plans and require the incorporation of all applicable fire protection and prevention measur required by the fire code. Compliance with the fire code will help reduce service calls throughout the life of the project. National City is currently preparing a Development Impact Fee study. The purpose of the study IS to calculate a fee that will be assessed for future development in National City to pay for the cost of providing public services for new development, including fire protection. The study is scheduled to be completed in August of this year and will have to be approved by the City Council before it is effective. If approved, the Development Impact Fee will fund new and expanded public services and facilities to serve new development. For fire protection services, the fees will be used to construct new facilities, expand existing facilities, purchase fire trucks, equipment, etc. The fees cannot be use for labor, payroll expenses, etc. The Development Impact Fee, if approved, will be applicable to the project. Payment of the fee, if adopted, will mitigate incremental impacts on the fire department. ii) Police protection? Less Than Significant Impact, The project will increase the demand for police services such as calls for domestic disturbances, vandalism, trespassing, auto break-ins, etc. The police department will evaluate the building plans for ways to improve the safety and reduce police service calls including adequate emergency site access, high visibility from E. 30th Street, adequate safety and security lighting throughout the site including all parking areas, proper door locks, eliminate hiding places in and around the huilding, etc The police department's recommendations to improve the safety for the residents will be incorporated into the project. The police deparliuent's response times for service calls are being impacted by cumulative development in National City. Although the Bay Canyon project will not specifically impact the police department it will have a cumulative impact on their response time for service calls. National City is currently preparing a Development Impact Fee study. The purpose of the study is to calculate a fee that will be assessed for future development in National City to pay for the cost of providing public services for new development, including police protection. The study is scheduled to be completed in August of this year and will have to be approved by the City Council before it is effective. If approved, the Development Impact Fee will fund new and expanded public services and facilities to serve new development. For police services the fees will be used to purchas'a very rc Household Size. t!.S Census bureau, Census 20(10. Pale. 26 of 7, 3 9 police cars, police equipment, etc. The fees cannot be use for labor, payroll expenses, etc. The Development Impact Fee, if approved, will be applicable to the project and the project developer will be required to pay the appropriate fee. Payment of the fee, if adopted, will help mitigate incremental impacts on the police department for increased calls for service. iii) Schools? Less Than Significant Impact. National City is served by two school districts. The National City School District serves grades K-6 and the Sweetwater Union High School District serves grades 7-12. Most of the public schools (K-12) serving National City are either at or over -capacity. The school districts install portable classrooms at schools when necessary to provide adequate classroom space. The project will generate students to area schools, which could impact their student capacity. The school districts collect school impact fees for new development as allowed by state law. The school impact fee is used by the districts to provide classroom space for students. Presently, the Sweetwater Union High School District collects $1.54 per square foot for residential development and the National City School District collects $.85 per square foot. The project developer will be required to pay the appropriate school impact fee, which will mitigate the impact of additional students being generated to area schools. iv) Parks? No Impact. The City strives to maintain or expand the current (1996) ratio of park and open space land to population, which is 4% acres per 1000 residents (including local parks, public -owned wetlands, golf courses, and school recreational facilities). The construction of the project could increase the population of National City, thus requiring additional parkland or expanding existing park facilities to meet the park and recreational needs of the residents. National City is currently preparing a Development Impact Fee study. The purpose of the study is to calculate a fee that will be assessed for future development in National City to pay for the cost of providing public services for new development, including parkland. The study is scheduled to be completed in August of this year and will have to be approved by the City Council before it is effective. If approved, the Development Impact Fee will fund new and expanded public services and facilities to serve new development. For parks the fees will be used to purchase addition" parkland, expand existing parks, purchase playground and other recreational equipment, etc. The fees cannot be use 1. labor, payroll expenses, etc. The Development Impact Fee, if approved, will be applicable to the project and the project developer will be required to pay the appropriate park fee. Payment of the fee, if adopted, will help mitigate the incremental impact to parkland by the project. v) Other public facilities? No Impact. There are no additional public facilities that will be impacted by the project. XIV. TRANSPORTATION/TRAFFIC: Will the project: a) Cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system (Le., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? Less Than Significant Impact. The project is estimated to generate approximately 376 daily vehicle trips with approximately 30 AM peak hour trips and 38 PM peak hour trips. The 2001 average weekday traffic volume on E. 30t6 Street was 4,000 trips6. The project will increase the 2000 average weekday traffic flow volume on E. 30'6 Street by 9%. The traffic generated by the project is not expected to significantly impact the traffic on E. 30th Street, a prime arterial with a capacity of 50,000 average daily trips, throughout the day or the peak hour periods. National City is currently preparing a Development impact Fee study. The purpose of the study is to calculate a fee that will be assessed for future development in National City to pay for the cost of providing public services for new development, including traffic and circulation improvements. The study is scheduled to be completed -in August of this year and will have to be approved by the City Council before it is effective. If approved, the Development Impact Fee will fund new and expanded public services and facilities to serve new development. For traffic and circulation the fees will be used to improve intersection capacity, install traffic signals, restripe roadways, etc. The fees cannot be use for labor, payroll expenses, etc. The Development Impact Fee, if approved, will be applicable to the project and the project developer will be required to pay the appropriate traffic impact fee. Payment of the fee, if adopted, will help mitigate incremental traffic impacts by the project on the local circulation system. Diego Metropolitan Area 2001 , raffic ` !oap. San Diego Associatioa Ot Ciovcrnmcn Page 27 of 33 b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion managemen commission for designated roads or highways? Less Than Significant Impact. The traffic generated by the project wit not impact the capacity of any congestion management designated roadways. The traffic estimated to be generated by the project could be accommodated on the area circulation system without impacting the roadways. c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? No Impact. The San Diego International Airport is the closest airport to National City and is located approximately seven miles northwest of the City. The project will not impact air traffic patterns at the San Diego International Airport or any other airport in the area. d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Less Than Significant Impact. Ingress and egress for the project will be from E. 30s' Street. A driveway will provide left and right turns into and out of the project. There is an elevation difference between E. 30th Street and the entrance to the parking structure of approximately 18 feet. The driveway from E. 301 Street to the site will have to meet the ramped driveway exit requirements of the National City Municipal Code, which limits the slope of the ramp to 15 percent and driveways with slopes over 10 percent have to have a minimum eight -foot long transition at each end of the ramp to allow the front of a car to level out as it approaches E. 30th Street. Compliance with the City's municipal code for driveway design will mitigate any impact associated with hazardous design of the project driveway. e) Result in inadequate emergency access? No Impact. The site plan has been reviewed by both the fire department and the police department. Based on their review the site has adequate emergency access. f) Result in inadequate parking capacity? Less Than Significant Impact. The project proposes a total of 88 parking spaces with 61 spaces in the first level" parking structure and 27 spaces in the second level parking structure. Figure 8 shows a cross- section of the two levels of parking proposed by the project. Figures 9 and 10 show the parking layout of parking level 1 and 2, respectively. There are an additional 44 surface parking spaces that can be used by project residents and guest adjacent to the condominium building associated with the office building. The 47 condominium units require 94 parking spaces for the residents plus 17 guest parking spaces; however, the mixed use provisions allowing the commercial parking to be conside shared parking mitigate the potential impact to a less than significant level. Conflict with adopted policies, plans or programs supporting alternative transportation (eg., bus turnouts, bicycle racks)? No Impact. The project will provide all required on -site alternative transportation measures including bike racks if required by the City. g) XV. UTILITIES AND SERVICE SYSTEMS: Will the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? Less Than Significant Impact. The project will increase the amount of wastewater that will be treated at the Point Loma Wastewater Treatment plant. The treatment plant has capacity to treat the wastewater generated by the project and not impact or change the existing wastewater treatment requirements of the San Diego Regional Water Quality Control Board. The wastewater treatment requirements of the San Diego Regional Water Quality Control Board that presently exist and as amended from time to time in the future will continue to govern wastewater treatment in National City independent of the project. b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Less Than Significant Impact. The project will not require the construction of new water or wastewater treatment plants or the expansion of existing facilities to provide potable water or treat the wastewater from the project. There is an existing 8-inch sewer line that extends across the northern part of the site that has capacity to serve the project. An existing water main in E. 30th Street has capacity to provide potable water to the project without requiring the expansion of existing facilities or the construction of new facilities. The developer will be required to construct the necessary wastewater and potable water lines to connect the building with the existing wastewater and water lines adjacent to the site. c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the r. raestrtzc•tio.^r of which could cause significant environmental effects? Less Than Significant Impact. An existing 66-inc) storm drain that extends under the site at the southeast corner of the property has capacity to handle the surface wati generated by the protect without causing any significant environmental effects. Page 28 ol 33 c✓( ( LOFT RESIDENTIAL RESIDENTIAL n RESIDENTIAL n ACTRETY aoora I LOSDT PARKH G ass PARKING Saft SECTION -2 0 8' 16' 32' EXISTING OFFICE SECTION -1 Source: Design Lead LLP Figure 8 Building and Parking Structure Elevations (31 EXISTING BUILDING 9 M®M10 (TAnD9/4) ALLS L_J •ISP a.McMa6TA11.0 RMOM -LF -- B BLNIPM1MS ,)BTAXDAALOGLLS 6 arN0ArG &Mu 0 1 0 .SECTION -2 Rgt&I 1 , 1 : EXISTING BUILDING 1155...malmcaemovareerczymmentexecommssoammacreaa.maramaa5vma.a.gas2 al "Mea /1111 12E WAD IMO IS WNW= MO SECTION -2 — I d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new o expanded entitlements needed? Less Than Significant Impact. The Sweetwater Authority has indicated they have sufficient supply of water to serve the potable water needs of the project without any significant impacts. e) Result in a determination by the wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? No Impact. The wastewater generated by the project will not impact the San Diego Metropolitan Wastewater Department and its ability to provide wastewater treatment services for the project. By agreement, the City of National City is allowed to generate 7.5 million gallons of wastewater per day to the South Metro Interceptor Sewer. Wastewater from National City is treated at the Point Loma wastewater treatment plant. Flows in National City as of August 2003 were 5.67 million gallons per day and they have capacity in the Metro line for additional wastewater flows generated by the project without requiring the San Diego Wastewater Department to increase or expand the capacity of any trunk lines or the treatment plant. f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? No Impact. The project will generate solid waste that will be taken to a local landfill. The solid waste that will be generated by a project will not significantly impact the life expectancy of the landfill that serves the City. g) Comply with federal, state, and local statutes and regulations related to solid waste? No Impact. The project will comply with all applicable federal, state and local statues and regulations related to solid waste and not result in any activities that will impact solid waste regulations or statues. XVI. ENERGY: Will the project: a) Result in an adverse impact on local and regional energy supplies, including base or peak period demands, regardless of the presence of a will -serve letter from the appropriate energy provider? No Impact. The project will not consume or waste large quantities of energy. The project will be required to incorporate all applicable energy conservation measures as required by law to reduce energy consumption. b) Conflict with existing energy standards? No Impact. Please see response a) above. c) Will the project reduce solar access or opportunities for passive heating and cooling on the site or ne,Szrby property? Less than Significant Impact. Although the project is just over 60 feet tall it will be built down in a small canyon that will reduce its height relative to adjacent development. Given the projects height, in an area primarily developed with one and two-story structures there is some potential that opportunities for passive heating and cooling will be reduced. The commercial building on -site would likely be affected to the greatest extent, since it is the closest development. However, there are no windows or doors that remain open on the east side of the building adjacent to the proposed building. Also, the properties to the north are fairly deep, with the development located quite a distance from the proposed condominium building. Thus, the reduction in solar access will be minimal. XVIII. MANDATORY FINDINGS OF SIGNIFICANCE: a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? No Impact. The project will not impact fish or wildlife populations because there are no fish, wildlife species, or habitat on the site. b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) Less Than Significant Impact. The project will have cumulative impacts including increased air emissions, noise, traffic, water consumption, solid waste generation, and wastewater generation. However, these cumulative project impacts are not anticipated to have any significant cumulative impacts. Mitigation measures have been provided when applicable to reduce impacts to less than significant levels. rage 2 of 33 c) Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly? Less Than Significant Impact. The project will have impacts and mitigation measures have been recommended to reduce the impacts to levels of insignificance. However, none of the environmental effects are anticipated to cause any substantial adverse effects. Page 33 of 33 L( V) .., City of National City " Department of Public Works 8 MAR 2004 AM 8:01 1243 National City Blvd., National City, CA 91950 (619) 336-4580 (619) 336-4380 Fax: (619) 336-4397 ENGINEERING REQUIREMENTS FOR A CONDOMINIUM BUILDING AT 101 E. 30TH STREET Date: March 5, 2004 To: Andrew Hoskinson, Planning Department From: Adam J. Landa, Assistant Civil Engineer , Via: Stephen M. Kirkpatrick, Acting Director of Public Works/City Engineer Subject: A CONDOMINIUM BUILDING AT 101 E. 30TH 1. A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring,. and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. The checklists for preparation of the grading plan drainage plan and Standard Urban Storm Water Mitigation Plan (SUSMP) are available at the Public Works Department. 2. All surface run-off shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. 3. A soils engineering report shall be submitted for the Public Works Department's review, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed streets, the.parking areas, and the driveways. As a Recycled Paper Planning Department March 5, 2004 Page 2 minimum, the parking lot pavement sections shall be 2 inch A.C. over 4 inch Class II aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-24. All soils report findings and recommendations shall be part of the Public Works Depaituient requirements. 4. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading plan. Any new sewer lateral in the City right-of- way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 5. An existing 15 foot wide sewer easement reserved to the City of National City exists on the property and no building encroachment will be allowed within the easement. The easement shall be shown on the plans. 6. The property is in the Federal Flood Plain area. Flood hazard permit shall be obtained from the Public Works Department. 7. The driveway on 30`" Street shall be an alley entrance type driveway with pedestrian ramps. { 8. A permit shall be obtained from the Public Works Department fer all improvement work within the public right-of-way, and any grading construction on private property. 9. 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 adjustments. 10. A title report shall be submitted to the Public Works Department, after the Planning Commission approval, for review of all existing easements and the ownership at the property. MAP REQUIREMENTS 11. The final parcel map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monurnentation. Planning Department March 5, 2004 Page 3, 2004 12. The subdivider shall submit an approval letter from Sweetwater Authority stating fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the final map approval. 13. The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 14. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 15. The final map shall be recorded prior to issuance of any building permit. 16. All new property line survey monuments shall be set on private property, unless otherwise approved. 17. The final map shall use the California Coordinate System for its `Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian, and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. AL: j ha 30thst SWEETWATER AUTHORITY 505 GARRETT AVENUE POST OFFICE BOX 2328 CHULA VISTA, CALIFORNIA 91912-2328 (619) 420-1413 FAX (619) 425-7469 http://www.sweetwaterorg February 20, 2004 GOVERNING BOARD JAMES "JIM" DOUD, CHAIR W.D. "BUD" POCKLINGTON, VICE CHAIR R. MITCHEL BEAUCHAMP NICK INZUNZA MARGARET COOK WELSH RICHARD A. REYNOLDS JAMES C. ALKIRE WANDA AVERY TREASURER MARISA FARPON-FRIEDMAN SECRETARY 24 FEB 2004 AM10:25 Mr. Andrew Hoskinson, Associate Planner City of National City Planning Department 1243 National City Boulevard National City, CA 91950 Subject: WATER AVAILABILITY BAY CANYON CONDOMINIUMS, 101 E. 30TH STREET, NATIONAL CITY A.P.N. 562-180-31-00 CASE NO.: S-2004-3 / CUP-2004-2 SWA DEV. FILE: BAY CANYON CONDOMINIUMS Dear Mr. Hoskinson: 4, This letter is in response to an Application for Tentative Subdivision Map and Conditional Use Permit for the subject property within the Sweetwater Authority (Authority) service area. There is an 8-inch water main located in the north side of E. 30th Street, adjacent to the proposed development. The Authority's records indicate that there is one existing 1-1/2-inch water service to this parcel. Enclosed is a copy of 1/4 SEC. 152 map, which shows the water facilities. At this time, we cannot comment on the adequacy of the existing system to provide fire protection for this project. As plans develop for structures, the Owner must submit a letter to the Authority from the appropriate fire agency stating fire flow requirements. Based on this requirement, this project may result in the need for new water systems or substantial alteration to the existing water system. The Authority recommends that your Agency work with ours to determine if the existing water facilities are adequate to meet the added demands prior to issuing a building permit. Please note that the Authority requires a 10-foot horizontal separation between sewer and water laterals. 50 A Public Water Agency Servinx National City, Chula Vista and Surrounding Areas Mr. Andrew Hoskinson Re: Water Availability — Bay Canyon Condominiums Case No.: S-2004-03 / CUP-2004-2 February 20, 2004 Page 2 of 2 If the Owner provides the required fire flow information and enters into an agreement with the Authority for water facility improvements, if required, water service can be obtained at a pressure ranging from a maximum of 92 p.s.i. to a minimum of 82 p.s.i. If you have any questions, please contact Ms. Laurie Edwards at (619) 409-6758. Sincerely, SWEETWATER AUTHORITY Hector Martinez Deputy Chief Engineer HM:LJE:vls enclosure: photocopy of 1/4 SEC. 152 map pc: Daniel and Sophia Guaderrama 101 E. 30th Street, Suite D National City, CA 91950 Donald Condon, Battalion Chief / Fire Marshal City of National City Fire Department 333 E. 16th Street National City, CA 91950 L\engr\Dev\Bay Canyon Condos\Cor\hoskinson_water_availability.doc 4. 5� NATIONAL CITY, CALIFOIA APPLICATION for V" Conditional Use Permit Planned Development Permit Planned Unit Development Permit. 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 e Ltd{" Q Filing Fee $ v;o Receipt No. Date Received 44 04 By E.A.F. Require t' a Fee $ Related Cases LEGAL DESCRIPTION OF PROPERTY: (Attach if insufficient space) SEE M TI3r M i tco 9ct242.c.45-vtivrt®11 — t-I461'17 PROPERTY LOCATION i o t `EPS s '30. -v-CF-1- A�t0e-)A- -j No. D Street between I'u , and 3...`r` COMBINED GENERAL PLAN/ZONING DESIGNATION Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 1 of 4 REQUEST: The Applicant requests a Conditional Use Permit (Chapter 18.116), Planned Development Permit (Chapter 18.126), or Planned Unit Development Permit (Chapter 18.30) to use the above described property for the following purposes: 2 t �rhr�u.cEiu i i v 10tXc�trc tsp-I i iet-tc cal — EX- Wise-1 g PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: etu° -S, Name: Sotrt1.R E . C.,/-tolt)cR$AcuA . Sign Signature _+�` -,s es f /Le eik1A./ — ignature acknowledges that this (Signature acknowl dges that this application is being filed) application is being filed) Address: 16 i cE,,s"E 3(5-- STf Address: 1 o 1 EAST 3 - S' i'e€ U1N -RewM- �`i y Cit soSo Phone No. ` 33b— b �� Fax No. Ctlq 33).-'DO `)-' Date: SAT PA Tie PAC- C`, `TA f CA g lot.. e.) a a Phone No. %pp tot Fax No. Ub 1C) )4.3 Date: Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 2of4t), APPLICANT 1 Ro C.Rp o6.zi 9r_;s t oP wi , e i-1--C- Name: c-D Rau t S • (Please type or print) Signature: A-p tom. KRAWL Fr 6Cij tm 4/1-4/40- 001-=-4 Di1_ (Signature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: t b fitS T 3 STET SturrE AItot A-t.. C c-r, C1 , 'ti4S6 Phone No. Uo tQ) 3 (0 - ,Ct. 3 3 Fax No. U2) 33L, -)L 3Z Date: Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 3 of Exhibit/Attachment to Documentation EXHIBIT 'A' Legal Description The land referred to herein is situated in the state of California, County of San Diego and is described as follows: LOTS 1 THROUGH 20 INCLUSIVE IN BLOCK 2 AND THE EASTERLY 10.00 FEET OF 'A' AVENUE AND THE WESTERLY 40.00 FEET OF 'B' AVENUE CLOSED TO PUBLIC USE IN BUDD VILLA TRACT ALONG WITH THE 20.00 FOOT ALLEY IN BLOCK 2 CLOSED TO THE PUBLIC PER DOCUMENT DATED DECEMBER 19, 1919, RESOLUTION NO. 574 OF THE CITY OF NATIONAL CITY, RECORDED FEBUARY 19, 1975 AS FILE NO. 75-037745 OF OFFICIAL RECORDS, ALL BEING IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1067, FILED IN THE OFF ICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 19, 1907. TOGETHER WITH THAT PORTION OF THE SOUTHERLY HALF OF 29TH STREET AS VACATED BY RESOLUTION OF THE CITY OF NATIONAL CITY RECORDED NOVEMBER 4, 1988 AS DOCUMENT NO. 88-567855 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: THAT PORTION OF 29TH STREET AS SHOWN ON BUDD VLLA TRACT, MAP 1067, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER, JUNE 19,1907, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF THE AFOREMENTIONED 29' 13 STREET AND THE EASTERLY LINE OF THE WESTERLY 525 FEET OF 10 ACRE LOT 6, RANCHO DE LA NACION, MAP 166, SAID MAP FILED IN THE OFFICE OF SAN DIEGO COUNTY RECORDER, MAY 11 1869, THENCE EASTERLY ALONG SAID CENTERLINE PTO AN INTERSECTION WITH THE NORTHERLY PROLONGATION OF THE CENTERLINE OF 'B' PROLONGATION, DISTANT 40 FEE1 TO THE SOUTHERLY LINE OF AFORESAID 29TH STREET; THENCE WESTERLY ALONG SAID SOUTHERLY LINE TO THE INTERSECTION WITH THE AFORESAID EASTERLY LINE OF THE WESTERLY 525 FEET OF SAID 10 ACRE LOT 6; THENCE NORTHERLY ALONG SAID EASTERLY LINE, DISTANT 40 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THOSE PORTIONS DEDICATED FOR PUBLIC STREET PURPOSES NOT SHOWN AS 30TH STREET, BY THE CITY OF NATIONAL CITY IN DOCUMENTS RECORDED OCTOBER 27111, 1967 AS FILE NO. 168030 AND 168031 OF OFFICIAL RECORDS. A.P.N. 562-180-31-00 Property Address: 101 EAST 30TH STREET A& B NATIONAL CITY, CA 91950 SS NATIONAL CITY, CALIFO APPLICATION for Tentative Parcel Map ✓ Tentative Subdivision Map Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619) 336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY Case Number — U204 ' 93 Filing Fee $ Recei t N�o Date Received 12.411 By E.A.F. Required s"tl tt3 Fee $ Related Cases SEE FILING INSTRUCTIONS AND CHAPTER 17 OF THE NATIONAL CITY MUNICIPAL CODE FOR MORE INFORMATION. ASSESSOR PARCEL NO. _ t g� t_ PROPERTY LOCATION Oi thsT 3 a44` s «cr, A- f e I A rto£�fR r_ Ctr4� a (AR! COMBINED GENERAL PLAN/ZONING DESIGNATION Tentative Parcel/Subdivision Map Application Revised December, 1998 Page 1 of 3 CIVIL ENGINEER OR OTHER AUTHORIZED REPRESENTATIVE Name: W 1 L Lblj I4 YEN i7c 3373+ Signature .�L �a (Signature acknowle ges that this application is being filed) Address: /5 7/ /2fdw,9Y WAY, M 47 e 1 Phone No. ('5 i) &79`64/ Fax No. (6659 ' 1-60/6.- Date: iD—(G✓' J3 Name: Signature (Signature acknowledges that this application is being filed) Address: Phone No. Fax No. Date: PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: Pt C h-t) KRA-wIA Signa (Signature acknowledges that this application is being filed) Address: t 41 F R+, S'i 3 ©`W ` Skt 1) Phone No. Lk') 33 b d433 Fax No. Date: j2t33b-DE32 Tentative Parcel/Subdivision Map Application' Revised December, 1998 Page 2 of 3 Name: OFt41A, , £ 0.'RAwtA Signature (Signature acknowdges that this application is being filed) Address: (bt 33 `iREE1 SLLVTE fr to,kaAt_ CAN, U 41ac-p Phone No. ( t 4)33C, 6 `}-3 3 (Lt' Fax No. Date: Address: APPLICANT,6 Cp33663 pEo£ ; 1-.L Name: J NIS) . LE #� / 1)4.1'141 61 �iw 2 (Please type or Tint) 1435tJ t 01" r CAO Signature: (Signature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). tol �r�sr 3cfS(i VE'r N� tl0gig , igso Phone No. Fax No. Date: L6tct) - ©tea 3 C (69 `;3b )- r-F3 Tentative Parcel/Subdivision Map Application Revised December, 1998 Page 3 of 3 20 APR 2004 AM10:51 David S. Guaderrama Bay Canyon Development Co., LLC 101 E. 30th Street National City, CA 91950 April 19, 2004 Andrew Hoskinson Associate Planner City of National City Planning Dept., 1243 National City Blvd., National City, CA 91950 Re: S-2004-3/CUP-2004-2 Tentative Subdivision Map and Conditional Use Permit for Development of a six level 47 unit residential condominium building. Dear Mr. Hoskinson, As per your letter dated March 5, 2004 we are delighted to provide the following information which you have requested on paragraph 4. Provide a discription of each business currently operating on -site. NMS Management Inc. This company is an environmental services company providing custodial, landscape and guard services to local companies and governmental organizations. All employees work off -site except for 3 to 4 Administrative staff. Heath Printing dba DeFrance Printing This is a small printing company that operates in three of the four loading bays. Has approximately 6 employees. La Prensa San Diego. This is a publishing company that publishes a weekly newspaper for the local community and San Diego. All printing of this newspaper is done off -site. • State the hours of operation of each business; particularly the hours of the loading docks on the east side of the building. NMS Management Inc. Operate from 8 am. to 6 pm. Monday thru Friday. Utilize one of the four loading areas, mainly for storing supplies and equipment. Minimal loading and unloading during hours of operation. 1 De France Printing. Operate from 7 am. to 5pm. Monday thru Friday. Utilizes three of the four loading areas, however, only one of the loading doors is open for deliveries and pick up during buisness hours. If the weather is inclement all the doors will be closed. La Presna - N/A i Note the lease status of each business. NMS Management — Year to Year Renewal. Expires 12/31/04 DeFrance Printing — Year to Year Renewal. Expires 02/28/05 La Presna San Diego — Lease expires 01/31/07 Provide any other information that you think may be relevant. DeFrance Printing — Due to the nature of the business, once jobs are completed they are loaded onto a van for delivery. Normally, two to three loadings per day. Provide a study of the potential noise disturbance from the loading areas. The first loading area (door) from the Northside of the building is being utilized by NMS Management. Supplies and (light) equipment required for the day is loaded up on to a small truck at approximately 8 am, This process takes between twenty to forty minutes each day. Noise generated, negligible DeFrance Printing. The second and fourth loading area (doors) are closed most of the time. Generally, all deliveries of supplies and pick-up of finished products are excessed through the third (door) loading area. Noise generated from this process is minimal. Operating equipment mainly consist of two cutters, seven presses/printers and a folder. Business is steady throughout the year with no projection to increase capacity. With the one loading door up, noise generated from all the equipment is minimal at best. With the door closed, noise is negligible. P We sincerely hope that the information furnished above and further architectural revisions submitted upon your request, will assist you through your planning decisions.lf there are any additional questions regarding this matter, please contact me or Peter Khew at (858) 618-1228. David Guarderrama Bay Canyon Development Co., LLC 2 MEETING DATE5 July 20, 2004 City of National City, California CIL E I` A STAT E T AGENDA ITEM NO. 14 /7- ITEM TITLE Public Hearing to Review the Fiscal Year 2004-05 Resource Allocation Plan and Consider Additional Public Comment and Testimony. PREPARED BY Park Morse DEPARTMENT 336-4240 Y+/' City Manager EXPLANATION This Public Hearing is for the Council to consider additional public comment and testimony on the proposed FY 2004-05 Resource Allocation Plan. A separate agenda item contains adoption documents, should the City Council wish to move forward. Environmental Review ✓ N/A Financial Statement N/A STAFF RECOMMENDATION Open the Public Hearing and hear comments from the public. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below ) Account No. Resolution No. A-200 (9/80) AEETING DATE City of National City, California COUNCIL AGENDA STATEMENT July 20, 2004 AGENDA ITEM NO, 15 ITEM TITLE A Resolution Authorizing the Director of Public Works/Engineering to Establish a "Two Hour Parking" Zone and a Red "No Parking" Zone in Front of 2727 Hoover Avenue (M. McMillin, TSC 2004-25) PREPARED BY Adam J. Landa DEPARTMENT Public Works/Engineering 336-4580 EXPLANATION Mr. Mark McMillin, the owner of 2727 Hoover Avenue, has requested the installation of a "two hour parking" zone and red curb "no parking" zone on the south side of his driveway in front of his property. Mr. McMillin is desiring the "two hour parking" zone and the red curb because there are trucks and motor homes parking in front of his property. They leave the trucks all day long in front of his property and obstruct the view of his employees leaving the parking lot. The Traffic Safety Committee approved staffs recommendation of 20 feet of red curb on the south side of the driveway and approved the two-hour parking zone in front of 2727 Hoover Avenue, at their meeting of June 9, 2004. } ( Environmental Review X N/A Financial Statement N/A STAFF RECOMMENDATION Adopt the Resolution. BOARD I COMMIES! RECOMMENDATION The Traffic Safety Committee, at its meeting of June 9, 2004, approved the 20 foot red "No Parking" zone on the south side of the driveway and the two-hour parking zone in front of 2727 Hoover Avenue. Approved Sya Finance Director Account No. ATTACHMENTS Listed Below j 1. Resolution 2. Staff Report to the Traffic Safety Committee Resolution No. A-700 (9;99) RESOLUTION NO. 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACTING DIRECTOR OF PUBLIC WORKS/ENGINEERING TO ESTABLISH A TWO-HOUR PARKING ZONE AND A RED NO PARKING ZONE AT 2727 HOOVER AVENUE (M. McMillin, TSC ITEM NO. 2004-25) WHEREAS, Mark McMillin, the owner of 2727 Hoover Avenue has requested the installation of a two-hour parking zone and a red no parking zone in front of his property because parked vehicles obstruct the view from vehicles leaving his property and entering onto Hoover Avenue; and WHEREAS, at its meeting on June 9, 2004, the Traffic Safety Committee approved the installation of a two-hour no parking zone in front of 2727 Hoover Avenue and a 20-foot red no parking zone on the south side of the driveway. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Acting Director of Public Works/Engineering is authorized to establish a two-hour no parking zone in front of 2727 Hoover Avenue and a 20-foot red no parking zone on the south side of the driveway. PASSED and ADOPTED this 20th day of July, 2004. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 1 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JUNE 9, 2003 ITEM TITLE: REQUEST FOR THE INSTALLATION OF "TWO HOUR PARKING" ZONE AND RED CURB IN FRONT OF 2727 HOOVER AVENUE (BY: M. MCMILLIN) PREPARED BY: Adam J. Landa, Public Works Department DISCUSSION: Mr. Mark McMillin, the owner of 2727 Hoover Avenue, has requester the installation of a "two-hour parking" zone and red curb in front of his property. Staff contacted his office to clarify the green curb and red curb requests. After the discussion, it was determined that "two-hour parking" zone and some red curb would be the solution. a The reason for the request is because there are big trucks (see photos) and motor homes parking in front of his property. The big trucks are left there all day long and obstruct the view of his employees leaving the parking lot. The speed limit is 35 mph. According to the speed limit and reaction time (see attached chart), the required length of red curb should be 20 feet on the south side of their north driveway. STAFF RECOMMEN.ATI N: Staff recommends the installation of "two hour parking" zone and 20 feet of red curb on the south side of their north driveway. EXHIBri s: i . Letter 2 Location Map 3. Photos The Corky McMillin C*mpanieS Realty ^ Mortgage = Land Development Homes • Commerc al May 6, 2004 Mr. Steve Kirkpatrick City of National City Traffic Safety Committee Public Works Department 1243 National City Blvd. National City, CA 91950 v' Dear Mr. Kirkpatrick: A few months ago I spoke with you regarding parking on Hoover Avenue. At the time we decided not to take any action. Now we are interested in putting this on the agenda for the June meeting. We would like to request that the curb be painted red starting at our north driveway and going south 40 feet and the rest of the curb in front of our office be painted green. We are trying to eliminate big rigs and transient's motor homes. As I mentioned already, it is very dangerous to pull out of the driveway due to big trucks parking along Hoover Avenue. Thank you very much in advance for your consideration. Sincerely, fark D. McMillin 1VID IM/kls nclosures ilnnr, hin Ilnm, Thu , (tnmm�rr�l S/TE OF RS 4 PROPOSED 2 HOURS PARK/4 _V Deceleration Rate d = 122 teet per secc4 d2 Reaction Time r = tOO second. Deceleration Distance = 1 dta or 1 Vt ®r 2d Deceleration Time = �- Detector Setback = Deceleration Distance + Reaction istance = V2 + Nr 2d--. V = Speed (ffeet:per second) c9 = Deceleration r':ate (feet per seconds) t = Deceleration Time (seconds) LSPEE® SPEED r, ��, T161f1 ige Per Hour Feet per Sec. Second 25 36.7 3.06 30 44.0 3.67 35 I / 51.3 4.28 40 58.7 4.89 45 66.0 5.50 50 73.3 6.10 55 807 6.7'2 88.0 7.33 1ST. TOT L T1 :':E TOTAL ' !1ST. USE Feet 90 181 223.9 271,4 322.7 Second 4.06 4.67 124.7 125 5.28 160.9 5.89 202.3 6.50 247.5 7.10 297.2 7.72 352.1 410.7 8.33 16� 200 250 300 350 410 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE July 20, 2004 AGENDA ITEM NO. 16 TEM TITLE Resolution approving a Conditional Use Permit for the sale of beer and wine at an existing restaurant in Sweetwater Square Shopping Center at 3007 Highland Avenue. Applicant: Hong Ming Lo - China Super Buffet. Case file no.: CUP-2003-28 PREPARED BY EXPLANATION gCe Roger Post 336-4310 DEPARTMENTPlanning EXT. The City Council voted to approve this item at the July 6, 2004 public hearing. The attached resolution is needed to follow through on the action. Environmental Review X_ N/A Categorical Exemption MIS Approval Financial Statement N/A STAFF RECOMMENDATION Adopt the attached resolution. BOARD SI RE MENDAT N/A Approved By: Finance Director TTACHMENTS l Listed Below $ Resolution Account No. Resolution No. A-200 (Rev. 7/03) RESOLUTION NO. 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE AT AN EXISTING RESTAURANT IN SWEETWATER SQUARE SHOPPING CENTER AT 3007 HIGHLAND AVENUE APPLICANT: HONG MING LO - CHINA SUPER BUFFET CASE FILE NO. CUP-2003-28 WHEREAS, the City Council of the City of National City considered a Conditional Use Permit application for the sale of beer and wine at an existing restaurant, in Sweetwater Square Shopping Center at 3007 Highland Avenue at the regularly scheduled City Council meeting of July 6, 2004, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File No. CUP-2003-28 and 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, this 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, Califomia, that the testimony and evidence presented to the City Council at the public hearing held on July 6, 2004, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the sale of beer and wine for on -site consumption will be complimentary to an existing 6,500 square foot buffet -style restaurant in a 104,662 square foot commercial building. 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 restaurant is existing and the proposal will result in only a marginal increase in traffic. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the restaurant is already existing and is located within a fully - developed shopping center separated from Sweetwater High School and residential areas by 30t6 Street. Also, conditions of approval controlling the sale and consumption of beer and wine on site will alleviate the potential for adverse effects. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the restaurant offers a quality dining experience to it's patrons, and the addition of beer and wine will enhance this experience. Resolution No. 2004 — July 20, 2004 Page Two 5. That public convenience and necessity may be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that the application is approved subject to the following conditions: 31. This Conditional Use Permit authorizes the sale of beer and wine for on -site consumption at China Super Buffet Restaurant. 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-2003-28, dated 12/1/03. 32. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the Califomia Plumbing Code, the Califomia Electrical Code, and California Title 24 energy and handicapped regulations. 33. Beer and wine shall be stored in the kitchen area and shall be served by the host/hostess upon request. 34. All persons who will be serving alcoholic beverages should receive L.E.A.D. training in Responsible Beverage Service from the State Department of Alcoholic Beverage Control or Responsible Hospitality Coalition, and be at least 421 years of age. 35. No consumption of alcoholic beverages outside of the building. 36. All ABC regulations shall be obeyed. 37. Permittee shall comply with all regulatory provisions of the Business and Professions Code, section 25600 through 25667, currently in effect or as may be amended, regarding sales, displays and marketing or .merchandising of alcoholic beverages. 38. The sale of alcoholic beverages shall be prohibited between the hours of 10:00 p.m. and 11:00 a.m. 39. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgement to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. Resolution No. 2004 — July 20, 2004 Page Three 40. The rear door(s) of the premises shall be kept closed at all times during the operation of the business except in case of deliveries or emergencies. 41. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 42. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the Califomia Department of Alcoholic Beverage Control upon demand. 43. No coin operated amusement devices shall be operated on the licensed premises. 44. The sale of alcoholic beverages in pitchers or in containers of more than 16 ounces shall be prohibited. 45. 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 retum 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. 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. 46. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. Resolution No. 2004 — July 20, 2004 Page Four 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 Code of Civil Procedure Section 1094.6. PASSED AND ADOPTED this 20th day of July, 2004. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE July 20, 2004 (-ITEM TITLE Resolution approving a 'Tentative Subdivision Map conversion of 97 apartments to condominiums at 915 E. 4th Street. Consultants. Case File Nos. S-2003-1/CUP-2003-8 PireP PREPARED T Roger Post 336-4310 DEPARTMENT 17 AGENDA ITEM NO. and Conditional Use Fermi tor the Applicant: Westone Management Planning EXT. EXPLANATION The City Council voted to approve this item at the July 6, 2004 public hearing. The attached resolution is needed to follow through on the action. • Environmental Review X N/A Categorical Exemption MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the attached resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS (L.isted Below Resolution A -zoo (Rev. 7/03) Resolution No. RESOLUTION NO. 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP AND CONDITIONAL USE PERMIT FOR THE CONVERSION OF 97 APARTMENTS TO CONDOMINIUMS AT 915 EAST 4TH STREET APPLICANT: WESTONE MANAGEMENT CONSULTANTS CASE FILE NOS. S-2003-1/CUP-2003-8 WHEREAS, application was made for approval of a tentative subdivision map and conditional use permit for the conversion of 97 apartments to condominiums at 915 East 4th Street on property generally described as: That portion of the westerly half of 20 acre Lot 2 in Quarter Section 131 of Rancho de la Nacion , according to Map thereof No. 166 by Morrill, on file in the County Recorder's Office of said San Diego County, and all that portion of Lot "A" in Block 1 of Sunny Hill, according to Map thereof No. 1885, filed in the Office of the County Recorder of San Diego County, February 10, 1926, in the City of National City, County of San Diego, State of California. WHEREAS, the Planning Commission of the City of National City, Califomia, considered said applications at public hearings held on April 5, 2004, and by Resolution recommended conditional approval of the application; and WHEREAS, the City Council considered said application at a public hearing held on May 4, 2004, and continued to the meeting of May 18, 2004, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File Nos. S-2003-1/CUP-2003-8 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 that it hereby approves the tentative subdivision map and conditional use permit for the conversion of 97 apartments to condominiums at 915 East 4th Street based on the findings: Resolution No. 2004 — July 20, 2004 Page Two FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP 1. The proposed map is consistent with the National City General Plan and applicable specific plans, since the project will create 97 new homeownership opportunities. 2. The site is physically suitable for the proposed type of development, since all development is existing and will remain, and only the form of ownership will change. 3. The site is physically suitable for the proposed density of development, since the entire development is existing, and only the form of ownership will change. 4. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since the site is fully developed and all existing improvements will remain, and no expansion will take place. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services will be provided. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, since no such easements are located on the site. 7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. Resolution No. 2004 — July 20, 2004 Page Three 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 1. That the site for the proposed use is adequate in size and shape, since the site is fully developed and since all existing improvements will remain. 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 project, which consists solely of a change of ownership and repair and renovation of existing improvements, will not generate additional traffic. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the multi -family development already exists and only the form of ownership will change. Conditions requiring' the new owners to properly maintain the property are included with the approval. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the creation of 96 new homeownership opportunities available to first time homebuyers will allow for mobility in the housing market, and since the increased level of ownership may translate into an improved property appearance. FINDINGS FOR CONDOMINIUM CONVERSIONS 1. The proposal is consistent with housing element goals and objectives, since the conversion of the existing apartment complexes will create 96 additional opportunities for homeownership, which will likely be available to persons with a moderate or lower income level. 2. Plans and reports submitted by the applicant, along with conditions of approval, show that necessary upgrading will be completed prior to sale of any unit, since all common area improvements will be completed during the first phase of development and each unit will be renovated before it is sold as will be specified in a Lien Contract and Agreement not to Convey. Resolution No. 2004 — July 20, 2004 Page Four BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said tentative subdivision map and conditional use permit for the conversion of 97 apartments to condominiums at 915 East 4th Street is hereby approved subject to the following conditions: 1. This Tentative Map and Conditional Use Permit authorize the conversion of 97 apartment units to condominiums. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A -revised, B, and C case file no. S-2003-1/CUP-2003- 8, dated 2/24/2004, 3/19/2004, and 3/15/2004 respectively. 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. 3. A trash enclosure shall be provided in accordance with city standards. It shall have an exterior to match the buildings. 4. Prior to recordation of the final map, the applicant shall submit a Lien Contract and Agreement not to Convey subject to review and approval by the City Attorney. 5. All of the recommendations of the Property Condition Assessment and Pest Report shall be implemented prior to release of any unit for sale. 6. The developer shall provide a declaration of covenants, conditions and restrictions, running with the land, clearly setting for the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common parking lot, walkways, stairs, trash enclosure(s), landscaping, recreation building, laundry room(s), fence(s) and pool prior to approval of the final map. Said CC&R's shall be subject to approval as to content and form by the City Attorney. The CC&R's shall allow the City the authority but not the obligation to assume maintenance of the property and assess the full cost including overhead costs therefore as a lien against the property if said property is not adequately maintained per the agreement. The CC&R's shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. 7. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess all the properties which are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of skid mutually available features of the development. Such Resolution No. 2004 — July 20, 2004 Page Five entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attorney as to form and content, which shall include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. 8. A rapid entry system for Police Department access shall be provided in compliance with Municipal Code Chapter 10.47. 9. The smoke detectors shall be updated in each unit prior to release of said unit for sale. 10. Each unit shall be improved with one -hour rated firewalls and floors prior to its release for sale. 11. Plans must comply with the 2001 editions of the California Building Code, the Califomia Mechanical Code, the Califomia Plumbing Code, the Califomia Electrical Code, and Califomia Title 24 energy and handicapped regulations. 12. A drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution, and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading plan. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations. A checklist for preparation of the grading and drainage plan is available at the Engineering Department. 13. The property owner, or its successors and assigns shall be responsible for the maintenance, repair, or reconstruction of all irrigation and landscaping improvements installed within the public right-of-way. Sprinkler heads shall be adjusted so as to prevent overspray upon the public sidewalk or the street. The proposed sprinkler heads shall be installed behind the sidewalk, and the irrigation mainline upon private property only, as required by the City. The property owner or, its successors or assigns, shall remove and relocate all irrigation items from the public right-of-way at no cost to the City, and within a reasonable time frame upon a written notification by the City Engineer. Resolution No. 2004 — July 20, 2004 Page Six 14. For P.V.C. irrigation lines in the public right-of-way, a metallic identification tape shall be placed between the bottom layer of the finished surface and the top of the lines. 15. The existing and proposed curb inlet on property shall be provided with a "No Dumping" tile in accordance with the NPDES program. 16. A permit shall be obtained from the Engineering Department for all improvement work within the Public Right -of -Way, and the grading construction on private property. 17. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all of the proposed grading, drainage, street improvement, landscaping and retaining wall work shall be posted. Three percent (3%) of the estimated cost shall 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. 18. A title report shall be submitted to the Engineering Department after Planning Commission approval for a review of all existing easements and the ownership at the property. 19. A private sewer easement for 303 Highland Avenue is required for a sewer lateral running from 303 Highland Avenue and connecting into the city sewer easement. 20. The final map shall meet all of the requirements of the Subdivision Map Act, and the National City Municipal Codes including certification, acknowledgment, complete boundary information and monumentation. 21. The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 22. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 23. All new property line survey monuments shall be set on private property, unless otherwise approved. 24. The final map shall use the California Coordinate System for its "Basis of Bearing" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian, and the north Resolution No. 2004 — July 20, 2004 Page Seven point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 25. Private Storm Water Treatment Maintenance Agreement must be signed by owner. 26. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 27. 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. 28. 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. 29. Before this Tentative Subdivision Map and 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 retum the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Tentative Subdivision Map and 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 Tentative Subdivision Map and 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. 30. Approval of the tentative map expires two (2) years after adoption of the resolution of approval at 5:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code Section 17.04.070. 31. The Conditional Use Permit shall expire two (2) years after adoption of the resolution of approval at 5:00 p.m., or one year after recordation of the final map, whichever is later, unless exercised prior to that time, by Resolution No. 2004 — July 20, 2004 Page Eight transfer of any unit to separate ownership. One or more extensions of time may be granted, pursuant to provisions of the Land Use Code. 32. The covenants, conditions and restrictions (CC&R's) shall include a provision that authorizes the Home Owner's Association Board of Directors to impose owner occupancy restrictions not to allow more than 15 percent (15%) of the units in the complex to be occupied other than by an owner -occupant. 33. The single -story structure fronting on 4th Street shall be improved in its entirety for use as a recreation room by the future owners of the Villa Real complex. 34. The laundry room(s) are to be completely renovated with new machines. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. 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 govemed by the provisions of Code of Civil Procedure Section 1094.6. 4 PASSED AND ADOPTED this 20th day of July, 2004. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of N lit3nai City, Califon�i� COUNCIL AGENDA STATEMENT #REFER TO ITEM #24 EETING DATE .truly 20, 2004 AGENDA i' A ITEM NO, 18 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY DEMAND THE ACQUISITION, CONSTRUCTION AND MODERNIZATION OF CERTAIN MUNICIPAL IMPROVEMENTS AND THEIR 1 FINANCING THROUGH THE ISSUANCE OF GENERAL OBLIGATION BONDS PREPARE[ BY EXPLANATION George H. Eiser, III 1' DEPARTMENT City Attorney (Ext. 4221) Adoption of the proposed resolution is legally required to place a proposition for a General Obligation ("G.O.") Bond on the November 2, 2004 ballot. This proposition provides for the issuance of up to $12 Million in general obligation bonds to pay for the costs for acquisition and construction of new public safety facilities, as well as the modernization of existing public safety facilities. The revenue from the bonds would be used to build a combined fire and police public safety facility in the eastern part of the City, build a third fire station, remodel the existing fire station, and establish store front police facilities. The proposed resolution must be adopted by a 2/3 vote of the Council to initiate the election at which the proposition will be considered. Environmental Review Financial Statement X NIA Sufficient funds are available to pay costs of placing general obligation band measure on the ballot. Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Proposed Resolution Resolution No. A-200 (9199) 1 RESOLUTION NO. 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY DEMAND THE ACQUISITION, CONSTRUCTION AND MODERNIZATION OF PUBLIC SAFETY FACILITIES AND THEIR FINANCING THROUGH THE ISSUANCE OF GENERAL OBLIGATION BONDS WHEREAS, the City of National City (the "City") is authorized to issue general obligation bonds to finance municipal improvements pursuant to the provisions of Article 1, commencing with Section 43600, of Chapter 4 of Division 4 of Title 4 of the California Government Code (the "Act"); and WHEREAS, the City intends to issue general obligation bonds under and pursuant to the Act to finance a portion of the costs of acquiring, constructing and modernizing public safety facilities (the "Improvements"); and WHEREAS, in order to initiate proceedings under the Act to provide for the financing of the Improvements, this Council must make certain findings and determinations; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City does hereby resolve, declare, determine and order as follows: Section 1. The public interest and necessity demand, and it is the intention of this Council to require the acquisition, construction, and modernization of the Improvements, and to issue general obligation bonds of the City to finance the cost thereof, subject to completion of the proceedings required by the Act. Section 2. This Council hereby finds and determines that the estimated costs of the Improvements will require an expenditure by the City greater than the amount allowed for it by the annual tax levy of the City. The principal amount of general obligation bonds of the City to be issued for the Improvements will not exceed the estimated cost of the Improvements, to be determined prior to the adoption of the ordinance calling the election. Section 3. This resolution is adopted, and general obligation bonds of the City are to be issued, pursuant to the Act. PASSED and ADOPTED this 20th day of June, 2004. ATTEST: Michael Dalla, City Clerk Nick Inzunza, Mayor APPROVED AS TO FORM: George H. iser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT July 20, 2004 MEETING DATE AGENDA ITEM NO. 19 ("ITEM TITLE DISCUSSION OF NATIONAL CITY PUBLIC ART COMMITTEE, ADOPTION OF RESOLUTION, AND APPOINTMENT PREPARED BY Michael R. DaHail DEPARTMENT EXPLANATION See attached Explanation. City Clerk EXT. EnvXXironmental Review N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATIQI1 Discuss matter and adopt the Resolution. NA ATTACHMENTS (Listed Below} 1. Explanation 2. Resolution Resolution No. A-200 (Rev. 7 Attachment to Agenda Item Title: Discussion... Public Art Committee On May 18, 2004, the City Council took the following action: "ACTION: Motion by Inzunza, seconded by Parra, that we appoint five members to the National City Public Arts Committee, that committee openings be advertised, and that interviews be conducted on June 15th. Carried by unanimous vote. There was clarification that membership on the committee would target residents, but if five resident members could not be found, that others would be considered provided that they had some connection to the community. At the July 6th City Council Meeting, the Mayor nominated eight people to serve on the newly formed committee. Final action on the appointment was held over to allow time to formally increase the membership of the committee from five members to eight. Any other unresolved issues such as term of office and departmental oversight should also be discussed at this time. A Resolution has been prepared that may be appropriately amended and approved if the Council desires to move forward at this time. Following adoption of the Resolution, the Council may act to approve the Mayor's nominees to the committee made at the last meeting: 1. Anne Campbell 2. Manuel Cavada 3. Cristina Chacon 4. Janice Martinelli 5. Patrick O'Connor 6. Bennett Peji 7. Susana H. Peredo 8. Jess Van Deventer. RESOLUTION NO. 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING THE NATIONAL CITY PUBLIC ART COMMITTEE BE IT RESOLVED by the City Council of the City of National City as follows: Section 1. There is hereby created the National City Public Art Committee (the "Committee"). Section 2. The Committee shall be comprised of eight (8) members appointed by the Mayor with the approval of the City Council. Committee members may be residents or non-residents of the City. Section 3. A majority of the members of the Committee shall constitute a quorum. A majority of a quorum shall be sufficient to conduct the business of the Committee. Section 4. The Committee shall be subject to the requirements of the Ralph M. Brown Act (Government Code Section 54950 et seq.). Section 5. Each member of the Committee shall serve a term of four (4) years, provided that the term of four (4) Committee members who are initially appointed shall be six (6) years, and the term of four (4) members of the Committee who are initially appointed shall be four (4) years. PASSED and ADOPTED this 20th day of July, 2004. Nick Inzunza, Mayor ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AEETING DATE July 20, 2004 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 20 /ITEM TITLE RESOLUTION ORDERING THE SUBMISSION OF A PROPOSITION TO THE QUALIFIED VOTERS OF THE \ CITY OF NATIONAL CITY AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 2, 2004, RELATING TO AN ORDINANCE IMPOSING A TERM LIMIT FOR THE OFFICE OF MAYOR TOGETHER WITH A DEFINED BENEFIT RETIREMENT PLAN FOR THE INCUMBENT MAYOR, CITY TREASURER AND CITY CLERK, ESTABLISHING A CODE OF ETHICS FOR ELECTED OFFICIALS OF THE CITY, AND IMPOSING CAMPAIGN CONTRIBUTION LIMITS PREPARED BY EXPLANATION George H. Eiser, III (Ext. 4221) DEPARTMENT Please see attached memorandum. City Attorney CEnvironmental Review X N/A Financial Statement Approved Y: Cost of PARS retirement plan is estimated to be $239,275 for the Office of the Mayor, Finance Director $256,430 for the Office of the City Clerk, and $42,395 for the Office of the City Treasurer, which could be paid at the rate of approximately $70,000 per year for ten years. Account No. STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Memorandum Proposed Resolution Proposed Ordinance Amending Municipal Code Ethics Materials A 200 (9 99) Resolution No. City of National City Office of the City Attorney 1243 National City Boulevard, National City, CA 91950-4301 George H. Eiser, III • City Attorney (619) 336-4220 Fax (619) 336-4327 TDD (619) 336-1615 TO: Mayor and City Council DATE: July 7, 2004 FROM: City Attorney SUBJECT: Resolution Submitting a Proposition- to the Voters Relating to a Term Limit for the Office of the Mayor together with a Defined Benefit Retirement Plan for the Incumbent Mayor, City Treasurer and City Clerk, a Code of Ethics for Elected Officials, and Campaign Contribution Limits The Mayor has introduced the concept of an ordinance containing the following elements: 1. A two -term limit for the Office of the Mayor together with a defined benefit retirement plan for the Incumbent Mayor, City Treasurer and City Clerk 2. A Code of Ethics 3. Campaign contribution limits Pursuant to the California Government Code, term limits must be approved by the voters. Although the other two elements of the ordinance do not require voter approval, they have been "packaged" with the term limit and therefore would be subject to voter approval as well. Unless the ordinance itself provides otherwise, an ordinance enacted by a vote of the people cannot be amended or repealed other than by another vote of the people. The attached ordinance would amend the Municipal Code to impose a two -term limit for the Office of the Mayor, beginning with full terms commencing after the November 2, 2004 election. However, any person occupying the Office by appointment or special election and serving less than a full term may serve two full terms. Additionally, a person who has served two terms as Mayor would not be prohibited from later serving on the City Council. As part of the term limit provisions, the Municipal Code would also be amended to establish a retirement plan for the incumbent Mayor, City Clerk, and City Treasurer, under the Public Agency Retirement System (PARS). The plan would ® Recycled Paper Resolution Submitting a Proposition to the Voters July 7, 2004 Page Two be limited to incumbents serving no more than two terms after November 2, 2004, who terminate PERS membership and withdraw their PERS contributions. The retirement benefit would be determined by multiplying the number of years of City service (but no more than ten years) multiplied by three percent (3%), multiplied by the office holder's highest consecutive 12 months of earnings. The benefit would be a lifetime benefit, payable monthly, commencing with the month following the official leaving office. The cost of the retirement plan, according to the actuary retained by the City, is $239,375 for the Office of the Mayor, $256,430 for the Office of the City Clerk, and $42,395 for the Office of the City Treasurer, which could be paid at the rate of approximately $70,000 per year for ten years: Additionally, the ordinance would amend the Municipal Code to establish a Code of Ethics, to be contained in the City Council Policy Manual. Elected officials would be required to read the Code of Ethics and to execute a statement that they have read and understood the Code. Violations of any provision of the Code of Ethics would constitute unethical conduct, the penalty for which may include censure by the City Council. Direction from the City Council is requested on the specific contents of the ethics provisions. Materials from the League of California Cities, and a copy of Chula Vista's ethics ordinance, are attached for the Council's consideration. Lastly, the ordinance would amend the Municipal Code to establish a $300 limit on campaign contribution per individual per election. Further, the ordinance would impose the following prohibitions: • If a contract exceeds $5,000, the other party to the contract may not make a contribution to a candidate for Mayor or City Council from the beginning of negotiations until negotiations end or the contract is complete, whichever is later. • Prohibits contributions sooner than 11 months before election. • Prohibits transfers between committees for other offices. • Prohibits contributions from non -individuals. • Prohibits delivery of contributions in City buildings. • Prohibits contributions in the name of other individuals. Resolution Submitting a Proposition to the Voters July 7, 2004 Page Three No criminal penalties would result from a violation of these provisions. Rather, civil penalties would apply, as follows: • For contributions in excess of the $300 limit, the penalty would be three times the excess or $2,500, whichever is greater. • For other violations, the penalty would be $500. Enforcement would not be by the City Attorney but by one of a panel of attorneys. The City Council would be authorized to review and revise the contribution limit every four years. G H E/gmo GEORGE H. EISER, III City Attorney 4 RESOLUTION NO. 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ORDERING THE SUBMISSION OF A PROPOSITION TO THE QUALIFIED VOTERS OF THE CITY OF NATIONAL CITY AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 2, 2004, RELATING TO AN ORDINANCE IMPOSING A TERM LIMIT FOR THE OFFICE OF MAYOR TOGETHER WITH A DEFINED BENEFIT RETIREMENT PLAN FOR THE INCUMBENT MAYOR, CITY TREASURER AND CITY CLERK, ESTABLISHING A CODE OF ETHICS FOR ELECTED OFFICIALS OF THE CITY, AND IMPOSING CAMPAIGN CONTRIBUTION LIMITS WHEREAS, the City Council of the City of National City desires to submit to the qualified voters of the city at the general municipal election to be held on November 2, 2004, a proposed ordinance imposing a term limit for the Office of Mayor, establishing a Code of Ethics for elected officials of the city, and imposing campaign contribution limits; and WHEREAS, the City Council is thereupon authorizied and directed by statute to submit the proposed ordinance to the qualified voters. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DOES HEREBY RESOVLE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That pursuant to the requirements of the laws of the State of Califomia relating to General Law Cities, the following question shall be submitted to the qualified voters of the city at the General Municipal Election to be held on November 2, 2004: Shall an ordinance be adopted imposing a term limit for the Office of Mayor together with a defined benefit retirement plan for the incumbent Mayor, City Treasurer and City ' Yes No Clerk, establishing a Code of Ethics for elected officials of the city, and imposing campaign contribution limits? Section 2. That the above proposed ordinance to be submitted to the voters is attached hereto as Exhibit "A" and incorporated herein by reference. Section 3. That the ballots to be used at the election shall be in the form and content as required by law. Resolution No. 2004 — July 20, 2004 Page Two Section 4. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct and election. Section 5. That the polls for the election shall be open at seven o'clock a.m. of the day of the elections and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, except as provided in Section 14401 of the Election Code of the State of Califomia. Section 6. That in all particulars not recited in this resolution, the elction shall be held and conducted as provided by law for holding municipal elections. Section 7. That notice of the time and place of holding said election is given and the City Clerk is aurthorized, instructed and directed to give such further or additional notice of the election in time, form and manner as required by law. PASSED and ADOPTED this 20th day of July, 2004. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney ORDINANCE NO. 2004 — AN ORDINANCE OF THE PEOPLE OF NATIONAL CITY AMENDING TITLE 2 OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING THERETO CHAPTER 2.72 PERTAINING TO A TERM LIMIT FOR THE OFFICE OF MAYOR TOGETHER WITH A DEFINED BENEFIT RETIREMENT PLAN FOR THE INCUMBENT MAYOR, CITY TREASURER, AND CITY CLERK, CHAPTER 2.74 PERTAINING TO A CODE OF ETHICS, AND CHAPTER 2.76 PERTAINING TO CAMPAIGN CONTRIBUTION LIMITS The People of the City of National City do ordain as follows: Section 1. That Chapter 2.72 is hereby added to the National City Municipal Code, to read as follows: Chapter 2.72 TERM LIMIT FOR THE OFFICE OF THE MAYOR Sections: 2.72.010 2.72.020 Term limit for the office of the Mayor Eligibility for retirement plan 2.72.010 Term limit for the office of the Mayor. No person shall be eligible for nomination and election to the office of Mayor for more than two (2) terms, and no person who has held the office of Mayor for two (2) terms, may again seek nomination and election to said office; provided, however, that any person who is appointed by the City Council to fill the office of Mayor or elected in a special election for the balance of a regular term of Mayor for a period of two (2) years or less may seek nomination and election for two (2) full terms thereafter. This Section shall apply prospectively to full terms commencing after the November 2, 2004 general municipal election. 2.72.020 Eligibility for retirement plan. An elected Mayor who holds that office on July 1, 2004, and serves no more than two (2) complete terms as Mayor (not to exceed eight years of service) subsequent to the November 2, 2004 general municipal election shall qualify for the defined benefit retirement plan set forth in Appendix A. 2004 Ordinance Attachment 1 Section 2. That Chapter 2.74 is hereby added to the National City Municipal Code, to read as follows: Chapter 2.74 ETHICS Sections: 2.74.010 Code of Ethics established 2.74.020 Unethical conduct 2.74.010 Code of Ethics established. In enacting this Chapter, it is the intention of the City Council that the day-to-day conduct of the City's business should be carried out in an ethical environment. To accomplish this goal, the City Council hereby establishes the National City Code of Ethics, which shall be contained in Policy 116 of the City Council Policy Manual. Said Code of Ethics is intended to serve the following interests: A. To encourage high standards of behavior by the City's elected officials; B. To increase public confidence in the institutions that serve the public; and C. To assist the City's elected officials with decision -making. The National City Code of Ethics is set forth in Appendix B. 2.74.020 Unethical conduct. Beginning with the November 2, 2004 general municipal election, each elected official of the City shall be furnished a copy of the National City Code of Ethics by the City Clerk. Within thirty (30) days of receipt of a copy of the Code of Ethics, each elected official shall execute a statement affirfning that they have read and understood the Code. It shall be considered unethical conduct for an elected official of the City to violate any provision of the Code of Ethics, the penalty for which may include censure by the City Council. Section 3. That Chapter 2.76 is hereby added to the National City Municipal Code, to read as follows: Chapter 2.76 CAMPAIGN CONTRIBUTIONS Sections: 2.76.010 Purpose 2.76.020 Relation to Political Reform Act of 1974 2.76.030 Limitations on contributions 2.76.040 Additional prohibitions 2.76.050 Money received by officials treated as contributions 2.76.060 Penalties for violations 2004 Ordinance 2 Attachment 1 2.76.070 Enforcement 2.76.080 Amendments and additional requirements 2.76.090 Severability 2.76.010 Purpose. The purpose of this Chapter is to ensure that the financial strength of certain individuals or organizations does not permit them to exercise a disproportionate or controlling influence on the election of City candidates. To achieve such purpose, this Chapter is designed to reduce the influence of large contributions, to ensure that individuals and interest groups continue to have a fair and equal opportunity to participate in electing City candidates, and to maintain public trust in governmental institutions and the electoral process. 2.76.020 Relation to Political Reform Act of 1974. This Chapter is intended to supplement the Political Reform Act of 1974. Unless a word or term is specifically defined in this Chapter, or the contrary is stated or clearly appears from the context, words and terms used herein shall have the same meaning as defined or used in Title 9 of the Califomia Govemment Code, in which the Political Reform Act of 1974 is codified, and as supplemented by the Regulations of the Fair Political Practices Commission as set forth in Title 2, Division 6 of the Califomia Code of Regulation, as the same may be, from time to time, amended. 2.76.030 Limitations on contributions. A. No individual shall contribute to any candidate for elective office or the controlled committee of such a candidate, and no such candidate or the candidate's controlled committee shall accept from any individual, a contribution or contributions totaling more than three hundred dollars ($300) for each election in which the candidate is on the ballot or is a write-in candidate. 1. The contribution limitation shall apply separately to each special, recall, primary, or general election, as well as to any proceeding to qualify and place upon the ballot a petition to recall a member of the City Council. 2. The contribution limitation shall not apply to a candidate's personal funds. 3. A contribution shall not be considered to be received if it is nether negotiated, deposited, and/or utilized by the candidate's controlled committee, provided that the contribution must be retumed to the donor within fourteen (14) days of receipt. Failure to return the contribution within fourteen (14) days shall be deemed to be acceptance. 2.76.040 Additional Prohibitions. A. No person who contracts with the City for the rendition of personal services, for the fumishing of any material, supplies or equipment to the City, or for selling any land or building to the City, whenever the value of such transaction exceeds five thousand dollars ($5,000), shall make any contribution to an elected Mayor or City Council member of the City, candidate for the office of Mayor or City Council member, or committee controlled by such official or candidate at any time between the commencement of negotiations and either the completion of the performance under or the termination of negotiations for such contract, whichever occurs later. 2004 Ordinance 3 Attachment 1 B. No person shall make a contribution to any candidate for elective office or the controlled committee of such a candidate, and no such candidate or controlled committee shall accept from any person such a contribution sooner than eleven (11) months preceding a single election contest. C. Candidates for elective office may not transfer funds between committees for other elective offices or between nonelective office committees and elective office committees. D. No candidate for elective office or the controlled committee of such a candidate shall accept any contribution from a non -individual, including a firm, partnership, joint venture, syndicate, business trust, company, corporation, associations, committee and any other organization or group of persons acting in concert. E. No person shall receive or personally deliver or attempt to deliver a contribution in any building which the City owns or for which the City pays the majority of the rent. For purposes of this Subsection, "personally deliver» means delivery of a contribution in person or causing a contribution to be delivered by an agent or intermediary, other than the United State mail. F. No individual or combination of individuals acting jointly shall make directly or indirectly a contribution in the name of another individual or combination of individuals. 2.76.050 Money received by officials treated as contributions. Any funds, property, goods or services, other than govemment funds, received by elective City officials which are used, or intended by the donor or by the recipient to be used for expenses (including legal expenses) related to holding public office, shall be considered campaign contributions and shall be subject to the limitations of this Chapter. Reimbursement for reasonable travel expenses related to holding public office shall be excluded from the provisions of this Section. 2.76.060 Penalties for violation. A. Notwithstanding any other provision of this Code, including without limitation the provisions of Section 1.20.010 of said Code, any violation of any provision of this Chapter shall be enforceable solely as provided in this Section. There shall be no criminal penalties for violation of this Chapter. B. Civil liability. Any person who violates or otherwise fails to comply with any provision or requirement of this Chapter shall be liable to the City in a sum not to exceed the following amount for such violation: 1. For the making or accepting of any contribution in excess of the applicable contribution limits specified in this Chapter, a sum equal to three times the amount by which the contribution exceeds the applicable contribution limit, or the sum of twenty-five hundred dollars ($2,500), whichever is greater, for each violation. 2. For any other violation of this Chapter, the sum of five hundred ($500) for each violation. C. Debt owing to City. Any amount due from any person pursuant to this Subsection shall be a debt due and owing upon demand to the City. D. Civil actions for violations of this Chapter shall be commended within two (2) years after the date on which the violation occurred. 2004 Ordinance 4 Attachment 1 2.76.070 Enforcement. A. The City Attorney shall not investigate or prosecute alleged violations of this Chapter, but shall defend the constitutionality and legality of this Chapter in any civil proceeding in which the City or the City Council is a party. B. Special counsel shall investigate or prosecute alleged violations of this chapter. C. The City Attomey shall solicit proposals from attorneys to act as special counsel one hundred eighty (180) days prior to a city election. As part of the annual budget process, the City Council shall appropriate a sufficient amount to fund the retention of special counsel. Said funds shall be separate from the City Attomey's budget and used solely for the investigation and prosecution of alleged violations of this Chapter. D. The City Attomey shall appoint a panel of no Tess than three attomeys to act as special counsel. Said attorneys shall be compensated by the City and shall serve as the enforcement authority for this Chapter. A single member of the special counsel panel will be assigned to each case. Assignments will be made on a rotating basis. E. Complaints of violation of this Chapter shall be submitted in writing, under penalty of perjury, by a resident of the City to the City Clerk. Said complaint shall state the full allegation of facts that would constitute a violation of this Chapter. The complaint must be filed within ninety (90) days of discovery of the alleged violation, but no later than one hundred eighty (180) days from the date of the election. F. The City Clerk shall forward the . complaint to the randomly assigned special counsel from the panel of attomeys appointed by the City Attorney within five (5) working days of receipt for a probable cause determination. If no probable cause is determined to exist the complaint shall be dismissed summarily and interested parties shall be notified in writing. G. If probable cause is determined to exist, special counsel shall take further investigatory and procedural steps necessary to resolve the matter. H. Violations of this Chapter may be pursued through civil proceedings brought by the special counsel. Special counsel may also commence and prosecute any necessary administrative proceedings or civil litigation to compel compliance with this Chapter. No enforcement or prosecution or action of special counsel shall be subject to the review or control of the City Attorney or City Council. I. Special counsel may investigate and may institute legal action to prevent further violations. The special counsel may decline to investigate if the allegation is also a violation of state law and is the subject of a complaint filed with the Fair Political Practices Commission. J. Special counsel shall be immune from liability for enforcement of this Chapter. 2.76.180 Amendments and additional requirements. The City Council shall review the contribution limitations contained in this Chapter in January of every fourth (41') year commencing in January, 2006, and determine whether such limitations shall be increased, decreased, or remain the same. The City Council shall be permitted at any time to enact supplemental limitations which do not conflict with this Chapter as 2004 Ordinance 5 Attachment 1 approved by the voters at the November 2, 2004 general municipal election. In the event the City Council determines that such limitations should be amended or supplemented, it shall do so by adopting an ordinance amending this Chapter. 2.76.090 Severability. If any provision of this Chapter, or the application of any such provision to any person or circumstances, shall be held invalid, the remainder of this Chapter to the extent it can be given effect, or the application of those provisions to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and to this end the provisions of this Chapter are severable. PASSED and ADOPTED this ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney day of , 2004. Nick Inzunza, Mayor 2004 Ordinance 6 Attachment 1 ETHICS CODE MENU/WORKSHEET Integrity/Honesty Which three expressions are most important: ❑ I am honest with my fellow elected officials, the public and others. ❑ I do not promise what I believe to be unrealistic. ❑ I am prepared to make unpopular decisions when my sense of the public's best interests requires it. ❑ I take responsibility for my actions, even when it is uncomfortable to do so. ❑ I credit others' contributions to moving our community's interests forward. ❑ I do not knowingly use false or inaccurate information to support my position or views. ❑ I do not leave false impressions. ❑ I support ethics within my agency. ❑ I disclose suspected instances of corruption to the appropriate authorities. 1 ETHICS CODE MENU/WORKSHEET Community service/pursuit of public's interests as opposed to personal interests/responsibilities Which three expressions are most important: ❑ I do not accept gifts, services or other special considerations because of my public position. ❑ I refrain from any action that might appear to compromise my independent judgment. ❑ I support merit -based processes for the award of public employment and public contracts. ❑ I excuse myself from participating in decisions when my or my family's financial interests may be affected by my agency's actions. O I do not use information that I acquire in my public capacity for personal advantage. ❑ Consistent with my role as a steward of the public trust, I do not represent third parties' interests before either my agency or those of neighboring jurisdictions. ❑ I do not accept gifts services or other special considerations because of my public position. 2 ETHICS CODE MENU/WORKSHEET Fairness ix Which three expressions are most important: ❑ I support the public's right to know and participate in the conduct of the public's business. ❑ 1 am impartial when making decisions, avoiding the temptation to favor those who have supported me and disfavor those who have not. 0 I promote non-discrimination in public agency decision -making. ❑ I recognize that I am an agent for the democratic process, not the owner of authority. 0 1 provide services at or above established standards without favoritism or prejudice. ❑ I will promote meaningful public involvement in the agency's decision -Making process. ❑ I treat persons, claims and transactions in a fair and equitable manner. ❑ If I receive substantive information that is relevant to a matter under consideration from sources outside the public decision -making process, publicly share it with my fellow goveming board members and staff. ❑ I make decisions based on the merits of the issue. 3 ETHICS CODE MENU/WORKSHEET Respect for fellow officials, staff and the public Which three expressions are most important: ❑ I treat my fellow officials, staff and the public with patience, courtesy and civility even when we disagree on what is best for the community. ❑ I focus on the merits in discussions of issues, not personalities, character or motivations. ❑ I respect others' time by coming to meetings prepared and offering observations only when I believe it will move the discussion forward. ❑ 1 work towards consensus building and gain value from diverse opinions. ❑ I make decisions and recommendations based upon research and facts, taking into consideration short and long-term goals. ❑ I respect the distinction between the role of office holder and staff. ❑ I follow through on my commitments, keeping others informed, and responding in a timely fashion. ❑ I am approachable, open-minded and willing to participate in dialog and I work to convey this to others. ❑ I engage in effective two-way communication by listening carefully, asking questions, and determining an appropriate response that adds value to conversations. ❑ In my interactions with constituents, I am interested, engaged, and responsive. (Continued on next page) 4 ETHICS CODE MENU/WORKSHEET Respect for fellow officials, staff and the public, continued x Which three expressions are most important: ❑ I involve staff in meetings with individuals, those with business before the agency, officials from other agencies and legislators to ensure proper staff support and to keep staff informed. ❑ I support a positive work environment for agency staff and others who serve the agency. ❑ When campaigning, 1 avoid personal attacks on issues unrelated to my fellow candidates' ability to discharge the duties of the office that we both seek. 5 ETHICS CODE MENU/WORKSHEET Compassion Which three expressions are most important: ❑ I recognize government's responsibilities to society's less fortunate. ❑ I am sensitive to the fact that some people in the community, are intimidated by public officials and public agencies and try to make their interactions with our agency as stress -free as possible. ❑ I convey the agency's care for and commitments to its community members. ❑ I am attuned to, and care about, the needs and issues for citizens, public officials and agency workers. 6 ETHICS CODE MENU/WORKSHEET Proper/efficient use of public resources (another form of responsibility) W Which three expressions are most important: ❑ I recognize that the responsibility for making both large and small decisions about the use of public resources is a public trust. D I actively promote the efficient and economical use of public resources. ❑ 1 do not use public resources, such as agency staff time, equipment, supplies or facilities, for private gain or personal purposes. ❑ I make decisions after prudent consideration of their financial impact, taking into account the Tong -term financial needs of the agency, especially its financial stability. ❑ I make decisions on hiring and contracting based on merit and value to the agency, rather than favoritism and/or family or personal relationship. 4 ❑ I demonstrate concern for the proper use of agency asserts (such as personnel, time, property, equipment, funds) and follow established procedures. ❑ 1 provide friendly, receptive, courteous, service to everyone. ❑ I make good financial decisions that seek to preserve programs and services for agency residents. 7 ETHICS CODE MENU/WORKSHEET Loyalty to the Agency Which three expressions are most important: ❑ I respect the confidentiality of information conceming the agency's property, personnel or affairs. ❑ I do not disclose confidential information without proper legal authorization. ❑ I represent the official policies or positions of the agency to the best of my ability when authorized to do so. ❑ When presenting my individual opinions and positions, I explicitly state that my opinions do not represent the agency's position and 1 will not allow the inference that they do so. 8 ETHICS CODE MENU/WORKSHEET Vision Which three expressions are most important: D I exhibit a proactive, innovative approach to setting goals and conducting the agency's business. D I display a style that maintains consistent standards, but is also sensitive to the need for compromise, "thinking outside the box," and improving existing paradigms when necessary. ❑ 1 promote intelligent and thoughtful innovation in order to forward the agency's policy agenda and agency services. ❑ I consider the broader regional and statewide implications of the agency's decisions and issues. 9 Chula Vista Municipal Code 2.28.050 Sections: 2.28.010 2.28.020 2.28.025 2.28.030 2.28.040 2.28.050 2.28.060 2.28.070 2.28.080 2.28.090 2.28.100 2.28.110 2.28.120 2.28.130 2.28.150 Chapter 2.28 BOARD OF ETHICS* Establishment of code of ethics. Application of chapter. Responsibilities of public office. Loyalty. Fair and equal treatment. Unethical conduct. Advisory opinions. Creation of the board of ethics. Purpose. Duties of the board. Powers of the board. Organization. Meetings. Order of business. Conduct of hearing upon complaint. * For provisions of Charter law concerning appointive boards and commissions, see city Charter §§ 600 — 606. 2.28.010 Establishment of code of ethics. The respected operation of democratic govern- ment emphasizes that public officials be indepen- dent, impartial, and responsible to the people. The public judges its government by the way public officials conduct themselves in the posts to which they are elected or appointed. All public officials should conduct themselves in a manner that will tend to preserve public confidence in, and respect for, the government represented. Such confidence and respect can best be promoted if every official, whether paid or unpaid, and whether elected or appointed, will seek to carry out these goals. The purpose of this code is to establish ethical standards of conduct by setting forth those acts or actions that are incompatible with the best interests of the city and by directing disclosure by such offi- cials of private financial or other conflict of inter- ests in matters affecting the city. Further, it is the purpose of this code to assist the aforementioned officials in the task of judging themselves, so as to enable them to properly carry out their responsibil- ities as trustees and fiduciaries of the public inter- est. (Ord. 2297 § 1, 1989; Ord. 1040 § 1, 1967; prior code § 1.48). 2.28.020 Application of chapter. This chapter shall apply only to members of the Chula Vista city council, city manager, city attor- ney, city clerk,•board members and commission- ers, as well as to ex -city officers who were subject to the conflict of interest code. (Ord. 2453 § 1, 1991; Ord. 2297 § 1, 1989; Ord. 1040 § 1, 1967; prior code § 1.49). 2.28.025 Responsibilities of public office. Public officials are agents of public purpose and hold office for the benefit of the public. They are bound to uphold the Constitution of the United States and the Constitution of this state and to carry out impartially the laws of the nation, state and municipality, and thus to foster respect for govern- ment. They are bound to observe in their official acts a high standard of morality and to discharge faithfully the duties of their office, recognizing that the public interest must be a primary concern. (Ord. 2297 § 1, 1989). 2.28.030 Loyalty. Elected and appointive officials should adhere to the rules of work and performance established as the standards for their position by the appropriate authority. Officials should not exceed their author- ity or breach the law or ask others to do so. (Ord. 2297 § 1, 1989; Ord. 1040 § 1, 1967; prior code § 1.50). 2.28.040 Fair and equal treatment. No official subject to this code shall grant or make available to any person any ;consideration, treatment, advantage or favor beyond that which is the general practice to grant or make available to the public at large. (Refer to civil service commis- sion for the hiring rules.) (Ord. 2453 § 1, 1991; Ord. 2297 § 1, 1989; Ord. 1040 § 1, 1967; prior code § 1.51). 2.28.050 Unethical conduct. A. General Policy. One of the highest callings is that of public service. With that service comes a requirement to conduct oneself in a mariner above reproach, since the citizens of the community expect and deserve a high standard of conduct and performance. This code of ethics provides the fol- lowing general guidelines and specific prohibitions to which city officials must conform in the pursuit of their assigned duties and responsibilities: 1. All city officials should endeavor to fulfill their obligations to the citizens of Chula Vista, city management and fellow employees through respect and cooperation. They should strive to pro- tect and enhance the image and reputation of the city, its elected and appointed officials, and its 2-37 2.28.060 employees. All citizens conducting business with the city shall be treated with courtesy, efficiency and impartiality and none shall receive special advantage beyond that available to any others. Officials shall always be mindful of the public trust and confidence in the daily exercise of their assigned duties, striving to conserve public funds through diligent and judicious management. B. Specific Prohibitions. City officials (includ- ing nonpaid commission, board and committee members) shall be considered to have committed unethical conduct if any of the following occur: 1. Used one's position or title for personal gain but not found to be an act of illegality or con- flict of interest by the district attorney, Grand Jury or Fair Political Practices Commission. 2. Knowingly divulged confidential infor- mation for personal gain or for the gain of associ- ates in a manner disloyal to the city. 3. Knowingly made false statements about members of the city council or other city employ- ees that tend to discredit or embarrass those per- sons. 4. Used or permitted the use of city time, per- sonnel, supplies, equipment, identification cards/ badges or facilities for unapproved noncity activi- ties, except when available to the general public or provided for by administrative regulations. 5. No ex -city officer for a period of one year after leaving office or employment shall, for com- pensation, act as agent or attorney for, or otherwise represent, any other person by making any oral or written communication before any city administra- tive office or agency or officer or employee thereof, if the appearance or communication is made for the purpose of influencing administrative action, or influencing any action or proceeding involving the issuance, amendment, awarding, or revocation of a permit, license, grant, or contract, or the sale or purchase of goods or property. 6. Endorsed or recommended for compensa- tion any commercial product or service in the name of the city or in the employee's official capacity within the city without prior approval by a city council policy. 7. No member of the city council shall be eli- gible, for a period of one year after leaving office, for employment by, or be on the payroll of, or be a paid consultant or paid contractor to, the city, or to any entity controlled by the city or the city council ("controlled entities"), or to any entity which receives a majority of its funding from the city or of its controlled entities, except by the permission of the council finding on four -fifths vote that spe- cial identified and articulated circumstances exist, cast at a regular public meeting taken after the involved member of the city council has left office. (Refer to Civil Service Commission for the hiring rules.) (Ord. 2629 § 1, 1995; Ord. 2453 § 1, 1991; Ord. 2297 § I, 1989; Ord. 1040 § 1, 1967; prior code § 1.51). 2.28.060 Advisory opinions. When a councilmember or other official has doubt as to the applicability of a provision of this code to a particular situation, written inquiry should be made to the board of ethics for an advi- sory opinion. Said person should be guided by that opinion when given. The councilmembers or other officials shall have the opportunity to present their interpretation of the facts at issue and of the appli- cable provisions of the code before such advisory decision is made. (Ord. 2297 § 1, 1989). 2.28.070 Creation of the board of ethics. A board of ethics shall be created and appointed in accordance with Section 600 of the city of Chula Vista Charter and Chapter 2.28 CVMC. (Ord. 2297 § 1, 1989). 2.28.080 Purpose. It is the purpose of this board to advise the city council of the city of Chula Vista on all matters relating to potential unethical conduct and to make such necessary and appropriate recommendations to the city council for the implementation44of the code of ethics and amendments thereto, which may become necessary from time to time. This board will serve as a hearing body on all such matters and shall render impartial and objective opinions and insure that those covered by this chapter are appro- priately informed. (Ord. 2297 § 1, 1989). 2.28.090 Duties of the board. It shall be the function of the board of ethics to implement the code of ethics adopted by the coun- cil for public officers and employees. The duties of the board shall be: A. To receive or initiate complaints of viola- tions of the code of ethics. All complaints shall be sworn under penalty of perjury and shall be in writ- ing, containing full allegation of facts which would constitute a violation of the code. All alleged vio- lations must be submitted within 60 days of occur- rence or when it should have been discovered with the exercise of reasonable diligence. Justification for any delay in filing complaints is the responsi- bility of the complainant. 2-38 Chula Vista Municipal Code 2.28.150 For board action, complaints concerning uneth- ical patterns of behavior must be received by the board within 60 days of the most recent event com- prising the pattern of behavior complained of, or within 60 days of when the last event should have been discovered with the exercise of reasonable diligence. The board will, in its discretion, limit the pattern of behavior to those events the board feels are proximately related in time to be a part of the same pattern of behavior. B. To hear and investigate complaints and transmit the findings and recommendations to the city council. C. To render advisory opinions or interpreta- tions with respect to the application of the code, either on request or on its own initiative. D. To propose revisions of the code to assure its continuing pertinence and effectiveness. The affir- mative vote of five members of the board shall be necessary for it to find conduct to be unethical. (Ord. 2297 § 1, 1989). 2.28.100 Powers of the board. The board of ethics is authorized to receive com- plaints, conduct investigations upon complaints or information received, hold hearings, swear wit- nesses, render advisory opinions and adopt rules of procedure for the conduct of its business. (Ord. 2297 § 1, 1989). 2.28.110 Organization. A. The board shall be composed of seven mem- bers appointed by the city council for a term of four years, as prescribed by the provisions of the city Charter and the municipal code of the city of Chula Vista. Prior to exercising their authority to appoint a person to membership, the city council shall refer for recommendation the list and qualifications of applicants to the presiding judge of the South County Division of the San Diego Superior Court or his or her designee, who shall review the list of applicants and their qualifications, and who should select not less than five for the purpose of conduct- ing in -person interviews and who shall conduct such interviews. If said judge or designee declines or fails to review such applicants, or conduct such interviews, or make such recommendations, then the council shall interview such applicants them- selves personally, and may make an appointment jointly passed with four affirmative votes. No such person may be appointed as a member, or shall be entitled to retain their membership, if he or she, within the past 10 years prior to the date ofappoint- ment, has been convicted of a chine involving moral turpitude, or has been found to have commit- ted a criminal violation of the Fair Political Prac- tices Act. B. The board shall elect from its membership a chair and a vice -chair. The term of the chair and vice -chair shall be for the period of one year, com- mencing on July 1st each year. The chair shall pre- side at all meetings. In the absence of the chair at any meeting, the vice -chair shall preside, and in the absence of both chair and vice -chair, the board members present shall elect a chair pro tempore for said meeting. C. The city attorney or an appointed representa- tive shall act as secretary to the board. The secre- tary shall cause notice of the meetings of the board to be kept and distributed. The secretary shall also give appropriate and required written notice of all meetings to all members and persons having busi- ness before the board. (Ord. 2778 § 1, 1999; Ord. 2630 § 1, 1995; Ord. 2297 § 1, 1989). 2.28.120 Meetings. The board of ethics will hold meetings at the call of the chair or the vice -chair or a majority of the members of the board. The board shall hold at least one meeting per year. (Ord. 2297 § 1, 1989). 2.28.130 Order of business. The following shall be the order of business for all meetings: a A. Roll call of members. B. Reading of minutes of previous meeting. C. Amendment or approval of minutes of previ- ous meeting. D. Consideration of matters continued from previous meeting. E. Consideration of new complaints or requests. F. Consideration of proposed or existing state legislation in,the field of ethics and amendments to the code of ethics of the city of Chula Vista. G. Other business. H. Oral communication. (Ord. 2297 § 1, 1989). 2.28.150 Conduct of hearing upon complaint. A. Upon receipt of a complaint or information as prescribed by the code of ethics, the board shall determine by a majority vote if there is probable cause to believe a violation has occurred. The board shall notify the officer alleged to have vio- lated the code of ethics of the charges contained in the complaint or information immediately but shall not reveal the identity of the complainant until and 2-39 2.29.010 unless it is determined that probable cause for such complaint exists. The officer shall be entitled to submit a statement to the board of ethics for con- sideration or may appear personally at such time as the issue of probable cause is to be discussed by the board. If no probable cause is determined, the board shall dismiss the matter summarily and notify interested parties in writing. If probable cause is determined, the board shall take further investigatory and procedural steps necessary to resolve the matter. B. If, after appropriate investigation or hearing, the board shall find that a conflict of interest or a breach of ethics, as prohibited by the code of eth- ics, did or continues to exist, the board shall for- ward its findings to the city council to correct or rectify the condition that exists. Said notification shall be accompanied by a statement of facts and findings and recommendations. (Ord. 2297 § 1, 1989). Chapter 2.29 CHARTER REVIEW COMMISSION Sections: 2.29.010 2.29.020 2.29.030 2.29.040 2.29.050 2.29.060 Creation. Purpose and intent. Functions and duties. Membership. Term of office. Operation of committee. 2.29.010 Creation. There is hereby created a Charter review com- mission. (Ord. 2518 § 2, 1992; Ord. 2400 § 1, 1990). 2.29.020 Purpose and intent. It is the purpose and intent of the city council in establishing the Charter review commission to cre- ate an advisory body which would serve as a resource to advise and make recommendations to the city council and the city manager on issues affecting the provisions of the Charter of the city of Chula Vista. The commission will work to identify language to amend the city Charter to clarify or improve the workings of the city government. The purpose of the commission is to review the organizational framework of city government and recommend changes sufficiently in advance of elections to allow thoughtful city council review and determination of whether to place the matter on the ballot. (Ord. 2518 § 2, 1992; Ord. 2400 § 1, 1990). 2.29.030 Functions and duties. The function and duties of the Charter review commission shall be as follows: A. Constitute a forum for city-wide discus- sions, research and analysis of matters relating to current or proposed provisions of the city Charter, and amendment thereto. B. Help coordinate citizen and staff ideas with regard to potential Charter changes. C. Formulate specific language for proposed Charter changes to be submitted to the city council in a form appropriate for placement on the ballot at an election wherein the proposed Charter changes can be submitted to the electorate. D. Provide analyses and reports to the city council in connection with said recommendations. E. Prepare and submit proposed ballot argu- ments in favor or against proposed Charter chang- es. (Ord. 2518 § 2, 1992; Ord. 2400 § 1, 1990). 2-40 City of National City, California COUNCIL AGENDA STATEMENT `1EETING DATE July 20, 2004 AGENDA ITEM NO. 21 O ITEM TITLE Approval of contract provision re: Purchase of Retirement Service Payment for Chief of Police Designee - Adolfo Gonz PREPARED BY Alfredo Lopez (x4300) Human Resources Dire EXPLANATION PARTMENT Human Resources Department As part of a five-year Agreement between the City of National City and Chief of Police designee Adolfo Gonzales, and in order to facilitate the purchase of retirement service credit with San Diego City Employee Retirement System (SD CERS), a lump sum payment of $175,000 will be paid to Chief Gonzales. As contingency, and in order to insure return on investment, Chief Gonzales is contractually obligated by a provision that states, "Should Employee terminate this Agreement before completion of its term, Employee shall reimburse the Employer, at the rate of $35,000 per year, for each year remaining under the Agreement, pro -rated to the closest month." The City Manager's appointment of Chief Gonzales is effective Monday, July 26, 2004. Environmental Review ✓ N/A Financial Statement Monies for this purpose are available in General Fund Reserves, designs for c• ntingencies. Account No. STAFF RECOMMENDATION Recommend approval of resolution. BOARD / COMMISSION RECOMMENDATION N/A 001-2411 ATTACHMENTS ( Listed Below ) 1. Resolution Resolution No. A-200 (9/80) RESOLUTION NO. 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONTRACT PROVISION REGARDING A PAYMENT TO THE CHIEF OF POLICE DESIGNEE FOR THE PURCHASE OF RETIREMENT SERVICE WITH THE SAN DIEGO CITY RETIREMENT SYSTEM WHEREAS, a provision in the employment agreement between the City and Police Chief designee Adolfo Gonzales allows for the payment of $175,000 to be paid to Chief Gonzales, as partial consideration for his five-year commitment to the City of National City and in order to facilitate the purchase of retirement service credit with the San Diego City Employee Retirement System (SD CERS); and WHEREAS, to insure the City's return on investment, Chief Gonzales is contractually obligated by a provision in the Agreement that states that if the employee terminates the Agreement before completion of its term, the employee shall reimburse the City at the rate of $35,000 per year for each year remaining under the Agreement, pro -rated to the closest month. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the payment of $175,000 to Chief Gonzales as provided for in the five-year Agreement between the City of National City and Chief Gonzales. PASSED and ADOPTED this 20th day of January, 2004. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney .AEETING DATE July 20, 2004 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 22 7-ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CHAPTERS 8.32 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING SECTION 8.32.015 PERTAINING TO RESTRICTIONS ON KEEPING CERTAIN ANIMALS, BIRDS AND REPTILES PREPARED BY EXPLANATION Rudolf Hradeckyt (Ext. 4222) DEPARTMENT City Attorney This amendment to the Municipal Code would allow a maximum of six dogs on a large parcel of land, at least two acres in lot size. Otherwise, the maximum number of dogs allowed on a lot occupied by a single family residence is three. Proper fencing must be maintained at all times. The proposed amendment would accommodate the unique situation of Mr. Jim Ladd who keeps more than the permissible number of dogs on two large parcels within the City. Other dog owners whose property meets the criteria of the amended Code provision would also benefit from the amendment, although there are currently no other parcels in the City meeting these criteria. CEnvironmental Review X N/A Financial Statement There is no cost to the City. Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) LStrike-out version of NCMC Section 8.32.015 Proposed Ordinance A -zoo 9 99� Resolution No. ORDINANCE NO. 2004 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CHAPTERS 8.32 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING SECTION 8.32.015 PERTAINING TO RESTRICTIONS ON KEEPING CERTAIN ANIMALS, BIRDS AND REPTILES BE IT ORDAINED by the City Council of the City of National City that Title 8, Chapter 8.32 of the National City Municipal Code is amended by amending Section 8.32.015 as follows: 8.32.015 Restrictions on keeping certain animals, birds and reptiles. A. It is unlawful to keep, possess or maintain any other animal, bird or reptile not prohibited by section 8.32.010, except as follows: 1 through 4 — No change. 5. A maximum of three dogs and three cats, all over the age of four months, may be kept on any parcel of property less than two (2) acres in size, occupied by a single-family residential dwelling, and on parcels of property greater than two (2) acres in size occupied by a single-family residence, a maximum of six dogs and three cats all over the age of four months may be kept; provided however, that the exterior area or areas where any dogs are kept must be enclosed at all times by a barrier, fence or pen meeting the requirements of section 8.16.100 of this code. 6 through 10 — No change. B. No change. C. No change. PASSED and ADOPTED this day of , 2004. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Nick Inzunza, Mayor REVISIONS TO CHAPTER 8.32.015 8.32.015 Restrictions on keeping certain animals, birds and reptiles. A. It is unlawful to keep, possess or maintain any other animal, bird or reptile not prohibited by section 8.32.010, except as follows: 1 THROUGH 4 — NO CHANGE 5. A maximum of three dogs and three cats, all over the age of four months, may be kept on any parcel of property less than two (2) acres in size _occupied by a single-family residential dwelling,, and on parcels of property (Deleted: used —for greater than two. (2) acres in size occupied by a single family residence, a I Deleted:_ maximum of six dogs and three cats all over the age of four months may be kept; provided however that the exterior area or areas where any dogs are kept must be enclosed at all times by a barrier, fence or pen meeting the requirements of section 8.16.100 of this code. 6 THROUGH 10 — NO CHANGE B AND C — NO CHANGE City of National City, California COUNCIL AGENDA STATEMENT .AEETING DATE July 20, 2004 AGENDA ITEM NO. 23 (-ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL AMENDING THE NCMC BY AMENDING TITLE 7, SECTIONS 7.18.070 (ON -STREET ACTIVITIES) AND 7.20.140 (OUTDOOR ACTIVITIES); TITLE 14, CHAPTER 14.22 (STORM WATER MANAGEMENT AND DISCHARGE CONTROL); AND TITLE 15, CHAPTER 15.70 (GRADING) PREPARED BY EXPLANATION Rudolf Hradec (Ext. 4222) DEPARTMENT Please see attached explanation. City Attorney Environmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No, STAFF RECOMMENDATION Adopt ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Proposed Ordinance Resolution No. A-200 l9 99 i ORDINANCE NO. 2004 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO STORMWATER MANAGEMENT AS REQUIRED BY REGIONAL WATER QUALITY CONTROL BOARD PERMIT 2001-01 BY AMENDING TITLE 7, SECTIONS 7.18.070 (ON -STREET ACTIVITIES) AND 7.20.140 (OUTDOOR ACTIVITIES); TITLE 14, CHAPTER 14.22 (STORM WATER MANAGEMENT AND DISCHARGE CONTROL); AND TITLE 15, CHAPTER 15.70 (GRADING) BE IT ORDAINED by the City Council of the City of National City that the National City Municipal Code is amended as follows: Section 1. That Title 7, Chapter 7.18, is amended by amending Section 7.18.070 to read as follows: 7.18.070 Repairing or washing cars on public streets prohibited. A. x Except for emergency repairs necessary to move a disabled vehicle off the street, it is unlawful for any person to perform vehicle repairs on public streets or alleys. B. Except in a residential area, it is unlawful to wash a vehicle on any public street. Vehicles may be washed with potable water containing detergent solutions in residential areas over porous surfaces such as lawns and gravel areas where feasible. Remaining detergent solutions prepared for use in vehicle washing, but not used up in that process, may not be disposed of by emptying buckets or other containers directly or indirectly to the storm water conveyance system or receiving waters. Disposal to the sanitary sewer (e.g., through a sink, toilet or floor drain) or to a porous surface is required. The use of "hose off or single use engine degreasing chemicals is prohibited, unless the effluent is captured and disposed of into a sanitary sewer. All other motor vehicle washing other than at individual residential properties is prohibited, unless all wash and rinse water is diverted to or contained and disposed to a porous area or the sanitary sewer. Section 2. That Title 7, Chapter 7.20, is amended by amending Sections 7.20.130 and 7.20.140 to read as follows: 7.20.130 Repairing and washing of vehicles on residential property — Restricted. A. Except as permitted in Section 7.20.130E or C, it is unlawful to wash or repair a motor vehicle upon property used for residential purposes within the city limits. B. A motor vehicle may be repaired upon residential property owned by or rented to that vehicle owner in an enclosed garage, within the rear yard setback or on a paved parking space or driveway of that property. C. Noncommercial motor vehicles registered to a resident of the property may be washed on that property, provided that no liquids, with the exception of potable water, drain onto a public street. 7.20.140 Storage of inoperative or unlicensed vehicles, recreational vehicles and boats on private property, or parking on landscaped setback —Restricted. A. Notwithstanding the provisions of Title 18, it is unlawful to park, repair or store any vehicle within or upon any unpaved portion of any private property. This section shall not be construed to prohibit the washing of a vehicle upon an unpaved portion of private property, provided that no liquids used in the washing shall drain onto a public street, with the exception of potable water. B. It is unlawful to repair, store or wash any vehicle within or upon any paved or unpaved portion of public property, or to park a vehicle except in an area designated for parking. C. Except in paved areas or driveways specifically designed for parking, it is unlawful to park any vehicle, including a recreational vehicle, recreational trailer, or boat or boat trailer within the front yard or the exterior side yard setbacks of private residential property, or on the parkway or landscape area of the public right of way. D. It is unlawful to park or store an unlicensed vehicle, any vehicle lacking current or valid registration plates or tags, any junked, wrecked, abandoned or inoperable vehicle, or any vehicle for which a certificate of non -operation has been issued by the department of motor vehicles on residential property, except within a fully enclosed garage or building or behind a solid fence where it is not visible from the street or other public or private property. Any vehicle. that is leaking fuel, oil or transmission fluid shall not be parked on a public street, or on private property except within a garage or under a covered parking area. E. It is unlawful to park or store any recreational vehicle or recreational trailer, boat or boat and trailer: 1. On a residential parcel unless that recreational vehicle, boat or trailer is owned by and registered to an occupant of a legal dwelling unit on the same parcel; or 2. On any other parcel unless the parcel is zoned and licensed for use as a recreational vehicle or boat storage yard or repair facility. F. Any vehicle, including a recreational vehicle, recreational trailer or boat or boat trailer, parked or stored in violation of this Section 7.20.140 is declared to be a public nuisance and shall be subject to abatement and removal in accordance with Chapters 1.44 and 11.48. Citations for violations of this section shall not be issued until twenty-four hours have elapsed after the placement of a notice of warning upon the offending vehicle, or upon the property when access to the vehicle is denied. Any vehicle lacking valid registration or subject to a certificate of non operation that visually appears operable shall first be subject to administrative citation under chapter 1.44 as a means of abatement before resort to chapter 11.48 when initial abatement efforts are unsuccessful. 2004 Ordinance 2 Titles 7, 14 and 15 Section 3. That Title 14, Chapter 14.22, is amended to read as follows: Chapter 14.22 STORM WATER MANAGEMENT AND DISCHARGE CONTROL Sections: 14.22.010 14.22.020 14.22.030 14.22.040 14.22.050 14.22.060 14.22.070 14.22.080 14.22.090 14.22.100 14.22.110 14.r22.120 14.22.130 14.22.140 14.22.150 14.22.160 14.22.170 14.22.180 14.22.190 14.22.200 14.22.210 14.22.220 14.22.230 Title Purpose and intent Definitions General provisions Reduction of pollutants in storm water —Minimum requirements Watercourse protection Illicit connection and illegal discharge of pollutants —Prohibited Exceptions to discharge prohibition Best management practice requirements and general requirements Applicable to all dischargers Additional minimum best management practice requirements for residential activities and facilities Additional minimum best management practice requirements for commercial activities and facilities Additional minimum best management practice requirements for industrial activities and facilities Additional minimum best management practice requirements for municipal activities and facilities City best management practices Additional Requirements for Land Disturbance Activity Additional planning, design and post -construction requirements for all land development and redevelopment projects Maintenance of BMPs Inspection and sampling Enforcement Enforcement. Authorized enforcement officials may enforce this chapter and abate public nuisances as follows Other acts and omissions that are violations Penalties Restrictions and conditions on issuance of ministerial and discretionary development permits 14.22.010 Title. This chapter shall be known as the "National City Storm Water Management and Discharge Control Ordinance" and be so cited. 14.22.020 Purpose and intent. A. The purpose of this chapter is to ensure the future health, safety, and general welfare of the citizens; to protect water resources and to improve water quality; to cause the use of management practices by the City and its citizens that will reduce the 2004 Ordinance 3 Titles 7, 14 and 15 adverse effects of polluted runoff discharges on waters of the state; to secure benefits from the use of storm water as a resource; and to ensure that the City is compliant with San Diego Regional Water Quality Control Board (RWQCB) Order No. 2001-01 National Pollutant Discharge Elimination System (NPDES) Permit Number CAS 0108758 and with applicable state and federal law. The City seeks to promote these purposes by: 1. Controlling non -storm waterstorm water discharges to the storm waterstorm water conveyance system; 2. Eliminating discharges to the storm waterstorm water conveyance system from spills, dumping or disposal of materials other than storm water, or permitted or exempted discharges; 3. Reducing pollutants in storm water discharges, including those pollutants taken up by stoma water as it flows over urban areas, to the maximum extent practicable (MEP); 4. - Reducing pollutants in storm water discharges in order to achieve applicable water quality objectives for surface waters in San Diego County. 5. Establishing minimum requirements for storm water management, including source control requirements, to prevent and reduce pollution; 6. Establishing requirements for development project site design, to reduce storm water pollution and erosion; 7. Establishing requirements for the management of storm water flows from development projects, both to prevent erosion and to protect and to enhance existing water -dependent habitats; 8. Establishing notice procedures and standards for adjusting storm water and non -storm water management requirements where necessary. B. The intent of this chapter is to protect and enhance the water quality of the watercourse, water bodies and wetlands in a manner pursuant to and consistent with the Clean Water Act and the San Diego RWQCB Order No. 2001-01, NPDES Permit Number CAS 0108758 and any subsequent amendments, revisions or reissuance of the permit, and the Standard Urban Storm Water Mitigation Plan (SUSMP) adopted by Ordinance 2213 on November 19, 2002 and any subsequent adopted amendments, revisions, or modifications. 14.22.030 Definitions. When used in this chapter, the following terms shall have the meanings ascribed to them in this section: A. "Authorized Enforcement Official" means the City Manager of the City of National City or any designee of the City Manager of the City of National City who is responsible for enforcing the provisions of this Chapter, including but not limited to, the Directors, their management staff, and designees. B. "Basin Plan" means the "Comprehensive Water Quality Control Plan for the San Diego Basinvv adopted by the Regional Water Quality Control Board, San Diego Region (July 1975) and approved by the state Water Resources Control Board, together with subsequent amendments. C. "Best Management Practices (BMPs)" means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce to the MEP the discharge of pollutants directly or indirectly to waters 2004 Ordinance 4 Titles 7, 14 and 15 of the United States. BMPs also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. D. "BMPs" means Best Management Practices. E. "California Ocean Plan" means the "Califomia Ocean Plan: Water Quality Control Plan for Ocean Waters of Califomia" adopted by the state Water Resources Control Board, September 1991 and any subsequent amendments. F. "Channel" means a natural or improved watercourse with a definite bed and banks that conducts continuously or intermittently flowing water. G. "Commercial Discharger" means discharger who operates a regulated commercial facility. H. "City" means the City of National City. 1. "Developer" paeans a person who seeks or receives permits for or who undertakes land development activity. J. "Development Project Proponent" means developer. K. `Directors" means the Director of Public Works/Engineering. L. `Discharge" when used as a verb, means to allow pollutants to directly or indirectly enter storm water, or to allow storm water or non -storm water to directly or indirectly enter the Storm Water Conveyance System or receiving waters, from an activity or operations which one owns or operates. When used as a noun, "discharge" means thw pollutants, storm water and/or non -storm water that is discharged. M. "Discharger" means any person or entity engaged in activities or operations or owning facilities, which will or may result in pollutants entering storm water, the Storm Water Conveyance System, or receiving waters; and the owners of real property on which such activities, operations or facilities are located; provided however that a local government or public authority is not a discharger as to activities conducted by others in public rights of way. N. "Discharges Directly To" means that storm water or non-stortn water enters receiving waters from a facility or activity, without mixing with any storm water or nonstorm water from another facility or activity prior to entering such receiving waters. O. "Drainage Easement" means a legal right granted by a land owner to a grantee allowing the use of private land for storm water management purposes. P. "Employee Training Program" means a documented employee training program for all persons responsible for implementing a storm water pollution prevention plan. The employee training program shall include, but is not limited to, the following topics: 1. Laws, regulations and local ordinances associated with storm water pollution prevention, and an overview of the potential impacts of polluted storm water on the receiving waters of the San Diego region. 2. Proper handling of all materials and wastes to prevent spillage. 3. Mitigation of spills including spill response, containment and cleanup procedures. 4. Visual monitoring of all effluent streams to ensure that no illicit discharges enter the storm water conveyance system. 5. Discussion of the difference between the storm water conveyance system and the sanitary sewer system. 2004 Ordinance 5 Titles 7, 14 and 15 6. Identification of all on -site connections to the storm water conveyance system. 7. Preventive maintenance and good housekeeping procedures. 8. Material management practices employed by the facility to reduce or eliminate pollutant contact with storm water discharge. A documented employee training program prepared pursuant to any NPDES storm water permit shall meet the definition of an employee training program for the purposes of this chapter. Q. "Enclosed Bays and Estuaries Plan" means the "California Enclosed Bays and Estuaries Plan: Water Quality Control Plan for Enclosed Bays and Estuaries of California" adopted by the State Water Resources Control Board, April 11, 1991 and any subsequent amendments. R. "Environmentally Sensitive Area" means impaired water bodies, areas designated as areas of special biological significance or with the RARE beneficial use by the SWRCB in the Water Quality Control Plan for the San Diego Basin (1994 and amendments), National Wildlife Refuges, areas designated as preserves for species - protection purposes by the State of California or a local govemment, and pre -approved mitigation areas identified in agreements between the City and state or federal natural resources agencies. S. "ESA" means Environmentally Sensitive Area. T. r "Household Hazardous Waste" means a household hazardous material that no longer has a use and is discarded or intended to be discarded. The term includes, but is not limited to, paint and paint -related materials; yard and garden products; household cleaners; used oil, motor vehicle fluids, batteries and oil filters; and household batteries. U. "Illegal Connection" means a pipe, facility, or other device connected to the Storm Water Conveyance System or receiving waters, which has not been reviewed and authorized by the City; or a permitted/authorized pipe, facility, or other device, which conveys illegal discharges. V. "Illicit Connection" means any unpermitted or undocumented physical connection to the storm water conveyance system which has not been approved by the city, or which drains illegal discharges either directly or indirectly into a storm water conveyance system. W. "Illegal discharge" means any non -permitted or nonexempt discharge to the storm water conveyance system that is not composed egtirely of storm water, or is expressly prohibited by federal, state or local regulations, laws, codes or ordinances, or degrades the quality of receiving waters in violation of the basin plan, the enclosed bays and estuaries plan: the inland surface water plan, and the Califomia ocean plan standards. X. "Impaired Water Body" means a water body that is listed by the SWRCB as impaired by a particular pollutant or pollutants, pursuant to Section 303 (d) of the Federal Clean Water Act. "303 (d) listed water body" has the same meaning. Y. "Impervious Cover or Impervious Surface" means constructed or modified surfaces that cannot effectively infiltrate rainfall. The term includes, but is not limited to, building rooftops, pavement, sidewalks, and driveways. 2004 Ordinance 6 Titles 7, 14 and 15 Z. "Impervious Surface Area" means ground area covered or sheltered by an impervious surface, measured in plan view (i.e., as if from directly above). For example, the "impervious surface area" for a pitched roof is equal to the ground area it shelters, rather than the surface area of the roof itself. AA. "Industrial Activity" means manufacturing, processing, or raw materials storage at a commercial, industrial or municipal facility. The term includes, but is not limited to, such manufacturing, processing, or storage in or upon industrial plant yards or immediate access roads used or traveled by carriers of raw materials; manufacture of products, waste material, or by-product creation or storage; material handling; refuse storage or disposal; the application or disposal of processed wastewaters; storage and maintenance of material handling equipment; treatment, storage or disposal of residuals; outdoor shipping and receiving; activities in manufacturing buildings; storage of raw materials and intermediate and finished products; and the ownership, use, or control of areas where significant industrial activity has taken place in the past and significant materials remain and are exposed to storm water. Material handling activities include the storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, finished product, by-product, or waste product. BB. "Industrial Discharger" means a discharger who operates a regulated industrial facility. CC. "Industrial Storm Water Permit" means the State General Industrial Storm Water Permit. DD. "Infiltration" means the process of percolating storm water or non -storm water into the soil. EE. "Infiltration BMPs or Infiltration Facility" means any structural treatment BMP designed primarily to percolate water into the subsurface, such as an infiltration trench or infiltration basin. An infiltration facility may include filtering prior to or during infiltration. BMPs that infiltrate some water but which are designed primarily to retain water or to treat water, such as retention basins, constructed wetlands, cir filtering swales are not infiltration facilities. FF. "JURMP" is an acronym for Jurisdictional Urban Runoff Management Program. This document presents the City's storm water program in compliance with the Municipal Permit. GG. "Land Development Activity" means any activity or proposed activity that requires any of the permits or approvals listed in Section 14.22.040 (F) of this Chapter. HH. "Land Disturbance Activity" means any activity that moves soils or substantially alters the pre-existing vegetated or man-made cover of any land. This includes, but is not limited to, grading, digging, cutting, scraping, stockpiling or excavating of soil; placement of fill materials; paving, pavement removal, exterior construction; substantial removal of vegetation where soils are disturbed including, but not limited to, removal by clearing or grubbing; or any activity which bares soil or rock or involves streambed alterations or the diversion or piping of any watercourse. Land disturbance activity does not include routine maintenance to maintain original line and grade, hydraulic capacity, or the original purpose of the facility, nor does it include emergency construction activities or maintenance activities required to protect public health and safety. 2004 Ordinance 7 Titles 7, 14 and 15 II. "Land Owner" means the holder of legal title to the land, and other persons or entities who exercise control over a land development project pursuant to rights granted in a purchase agreement, joint venture agreement, development agreement, or long-term lease. JJ. "Maintenance [of a BMP]" means periodic action taken to maintain the as designed performance of a BMP, and includes, but is not limited to, repairs to the BMP as necessary, and replacement of the BMP by an equally effective or more effective BMP at the end of its useful life. KK. "Manual" means the City's Best Management Practices Manual described in Section 14.22.040 (G) of this Chapter, adopted by resolution and hereinafter referred to as "Manual". LL. "Maximum Extent Practicable" is an acceptability standard for Best Management Practices (BMPs). When BMPs are required to meet this standard, the BMPs must be the most effective set of BMPs that is still practicable. A BMP is effective if it prevents, reduces or removes the pollutants that would otherwise be present in runoff due to human activity. A BMP is practicable if it complies with other regulations as well as storm water regulations; is compatible with the area's land use, character, facilities, and activities; is technically feasible (considering area soil, geography, water resources, and other resources available); is economically feasible; and provides benefits that are reasonable in relation to costs. MM. "MEP" means Maximum Extent Practicable. NN. "Motor Vehicle" means any automobile, car, truck, bus, motor home or other setfpropelled vehicle used or suited to use for on -road transportation; and any similar vehicle modified for off -road use. 00. "Municipal Facility" means a facility owned or operated by the City of National City that is used for a governmental purpose. Facilities on municipally owned land that are leased or rented to others to generate municipal revenues, are not municipal facilities. (The commercial or industrial lessees of such facilities may, however, be subject to this Chapter as commercial dischargers or industrial dischargers). PP. "National Pollution Discharge Elimination System (NPDES) Permit" means a National Pollutant Discharge Elimination System permit issued by the Regional Water Quality Control Board or the State Water Resources Control Board, and or the Regional Water Quality Control Board. QQ. "NPDES Permit No. CAS 0108758" means RWQCB Order No. 2001-01, NPDES Permit No. CAS 0108758, 'Waste Discharge Requirements for Discharges of Urban Runoff From the Municipal Separate Storm Sewer Systems (MS4s) Draining the Watersheds of the County of San Diego, the Incorporated Cities of San Diego County, and the San Diego Unified Port District." RR. "Non -Storm Water Discharge" means any discharge to the storm water conveyance system that is not entirely composed of storm water. SS. "Plan Standard" means any or all applicable requirements of the basin plan, the enclosed bays and estuaries plan, the inland surface water plan and the California ocean plan. TT. "Pollutant" may include but is not limited to solid waste, sewage, garbage, medical waste, wrecked or discarded equipment, radioactive materials, dredged spoil, rock, sand, sediment, industrial waste, and any organic or inorganic contaminant whose 2004 Ordinance 8' Titles 7, 14 and 15 presence degrades the quality of the receiving waters in violation of the Basin Plan, the Enclosed Bays and Estuaries Plan, the Inland Surface Water Plan, and the California Ocean Plan standards such as fecal coliform, fecal streptococcus, enterococcus, volatile organic carbon (VOC), surfactants, oil and grease, petroleum hydrocarbons, total organic carbon (TOC), total suspended and settleable solids, nutrients, metals, cyanides, phenols and biocides. UU. A pollutant also includes any substance defined as a pollutant under 40 CFR Section 122.2 and any contaminant which degrades the quality of the receiving waters in violation of the Basin Plan, the Enclosed Bays and Estuaries Plan, the Inland Surface Water Plan and the Califomia Ocean Plan standards by altering any of the following parameters: pH, biochemical oxygen demand (BOD), chemical oxygen demand (COD) and temperature. W. "Premises" means any building, lot, parcel, real estate, land or portion of land whether improved or unimproved. WW. "Rainy Season" means the period from October 1 through April 30. XX. "Receiving Water' means surface bodies of water, as described in Order No. 90-42 of the Regional Water Quality Control Board, San Diego Region, which serve as discharge points for the storm water conveyance system, including San Diego Bay, Paradise Creek and the Paradise Creek Marsh, the Sweetwater River and the Sweetwater River Flood Control Channel, the 7th Street Channel and La Paleta Creek. YY, "Redevelopment" means any construction, alteration or improvement of an already developed site that will increase the total impervious surface area of that site, or that involves activities that could expose contaminants to rainfall. Redevelopment can include, but is not limited to, the expansion of building footprints, the addition or replacement of a structure, exterior construction and remodeling, replacement of existing impervious surfaces that are not part of a routine maintenance activity, and other activities that create additional impervious surfaces. ZZ. "Regulated Commercial Facility" means all non-residential 'facilities engaged in business or commerce, whether for profit or not -for -profit, or publicly or privately owned, except for regulated industrial facilities and municipal facilities; plus residences used for commercial repair, maintenance, cleaning, manufacturing, food preparation or painting activity if that activity has the potential to result in the discharge of non -storm water or the discharge of pollutants to storm water. AAA. "Regulated Industrial Facility" means any facility subject to the State General Industrial Storm Water Permit; any other facility primarily engaged in manufacturing, processing, storage or handling of raw materials, processed bulk materials, or refuse; and any other facility with a total outdoor uncovered area of more than two (2) acres that is used for an industrial activity. Municipal facilities are not regulated industrial facilities, unless they are subject to the State General Industrial Storm Water Permit. BBB. "Residential Discharger" means, for an occupied residence, the occupants; and for a vacant residence, the owner and the manager of the residence. CCC. "RWQCB" means the Regional Water Quality Control Board for the San Diego region. DDD. "Significant Redevelopment" means (1) any redevelopment in the City that creates or adds at least 2,500 net square feet of additional impervious surface area within, or within 200 feet of, an Environmentally Sensitive Area (ESA), where runoff from 2004 Ordinance 9 Titles 7, 14 and 15 the redevelopment would discharge directly to receiving waters within the ESA; and (2) any redevelopment in the City that creates or adds at least 5,000 net square feet of additional impervious surface area, if that redevelopment involves grading any natural slope with a total pre -construction height of 20 feet or more and an average pre -construction slope from toe to top of 25% or more in an area of known erosive soil conditions. EEE. "Standard Urban Storm Water Mitigation Plan (SUSMP)" means a plan designed to reduce pollutants and runoff flows from new development and significant redevelopment. It was adopted by Ordinance 2213 of November 12, 2002, together with any amendments or revisions now or hereafter adopted. FFF. "State General Construction Storm Water Permit" means NPDES Permit No. CAS000002, Waste Discharge Requirements for Discharges of Storm Water Associated with Construction Activities, and any amendments thereto. GGG. "State General Industrial Storm Water Permit" means NPDES Permit No. CAS000001, Waste Discharge Requirements for Discharges of Storm water Associated with Industrial Activities Excluding Construction Activities, and any amendments thereto. HHH. "Stop Work Order" means an order issued which requires that specifically identified activity or all activity on a site be stopped. III. "Storm Water" means surface runoff and drainage associated with storm events and snow melt. (See subsection J of this section for non -storm water discharge} ) JJJ. "Storm Water Conveyance System" includes but is not limited to those municipal facilities within the city by which storm water may be conveyed to waters of the United States, including any roads with drainage systems, municipal streets, catch basins, natural and artificial channels, aqueducts, canyons, stream beds, gullies, curbs, gutters, ditches, natural and artificial channels or storm drains. KKK. "Storm Water Management" means the use of structural or non-structural BMPs that are designed to reduce urban run-off pollutant loads, discharge volumes, and/or peak discharge flow rates or velocities. When applied to the City or another municipality, storm water management also includes planning and programmatic measures. LLL. "Storm Water Management Plan" means a plan, submitted on a City form or in a City -specific format in connection with an application for a City permit or other City approval, identifying the measures that will be used for storm water and non -storm water management during the permitted activity. MMM. "Storm Water Pollution Prevention Plan (SWPPP)" means a document which describes the on -site program activities to eliminate or reduce to the MEP, pollutant discharges to the storm water conveyance system. This plan shall include, but not be limited to, the following site information: 1. An inventory of all of materials/wastes that are handled on a premise and have a reasonable potential to impact storm water quality; 2. A description of measures taken which will reduce the possibility or likelihood of accidental spillage resulting from equipment failure or employee error; 3. A description of on -site spill control/response equipment and procedures to prevent contaminants from entering the storm water conveyance system; 2004 Ordinance 10 Titles 7, 14 and 15 4. A site map indicating all building structures, materials and waste storage areas, paved areas, areas of existing and potential erosion, storm drain inlets, and point(s) of discharge to a municipal storm water conveyance system or receiving waters. The site map shall include an estimate of the size of the facility and the facility's impervious area; 5. An employee training program, as defined in subsection D of this section, including training outlines and training records; 6. A description of any storm water monitoring program that is conducted on the site. A storm water pollution prevention plan prepared and implemented pursuant to any NPDES storm water permit shall meet the definition of a storm water pollution prevention plan for the purposes of this chapter. NNN. "Structural BMP" means a BMP that relies on either a physical condition (other than an entirely natural and undisturbed condition), or on a constructed or installed device to reduce or prevent pollutants in storm water discharges and authorized nonstorm water discharges. Constructed or enhanced BMPs that depend on natural materials and processes (e.g., constructed drainage swales or buffers, or constructed wetlands) and that require periodic maintenance to function as designed, are structural BMPs. 000. "Structural Post -Construction BMP" means a structural BMP (other than a temporary construction -related BMP) put in place in connection with a land development or redevelopment project to prevent or reduce contamination in storm water or receiving waters, or to prevent or reduce erosion downstream from the project. PPP. "SWRCB" means the State Water Resources Control Board. QQQ. "Surface waters plan" means the "Califomia Inland Surface Waters Plan: Water Quality Control Plan for Inland Surface Waters of Califomia" adopted by the state Water Resources Control Board, April 11, 1991 or the most current amendments thereto. 4 RRR. "Tributary to an Impaired Water Body" means a facility or activity is tributary to an impaired water body if urban runoff from that facility or activity enters (1) the storm water conveyance system at a place and in a mariner that will carry pollutants for which that water body is impaired in that discharge to the impaired water; (2) a flowing stream that will carry pollutants for which that water body is impaired in that discharge to the impaired water; or (3) an ephemeral stream that reaches the impaired water during storm events and that will carry pollutants for which that water body is impaired from the facility or activity to the impaired water body during such storm events. SSS. "Urban Run-off' means all flows in a storm water conveyance system in the City other than point source discharges in violation of a site -specific NPDES permit. Urban run-off includes, but is not limited to, storm water, exempt non -storm water discharges, and illicit discharges. TTT. Water Main" means a potable or recycled water delivery line greater than or equal to four (4) inches in diameter. UUU. 'Watercourse" means any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine, arroyo or wash, in which waters flow in a definite direction or course, either continuously or intermittently, and which has a definite channel and a bed or banks. A channel is not limited to land 2004 Ordinance 11 Titles 7, 14 and 15 covered by minimal or ordinary flow but also includes land covered during times of high water. Watercourse does not include any surface drainage prior to its collection in a stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine, arroyo or wash. VVV. 'Water Quality Standards" are defined as the beneficial uses (e.g., swimming, fishing, municipal drinking water supply, etc.) of water and the water quality objectives adopted by the State or the United States Environmental Protection Agency to protect those uses. WWW. "Waters of the United States" means water subject to the regulatory jurisdiction of the United States under the Federal Clean Water Act and applicable case law. (In general, this includes "navigable" waters, waters tributary to "navigable" waters, and adjacent wetlands) 14.22.040 General provisions. A. Responsibility for administration. This Chapter shall be administered for the City of National City by its authorized enforcement officials. B. Effective date. This Ordinance shall be effective thirty (30) days after adoption. C. Construction and application. This chapter shall be interpreted to assure consistency with the requirements of the Federal Clean Water Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and NPDES Permit No. CAS108758, and any amendments, revision or reissuance thereof, and SUSMP (Order 2088 (par), 1994). This Chapter is not intended to interfere with, abrogate or annul any other Chapter, rule or regulation, statute, or other provision of law. The requirements of this Chapter should be considered minimum requirements, and where any provision of this Chapter imposes restrictions different from those imposed by any other Chapter, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall take precedence. Storm Water and non -storm water discharges regulated under a valid facility -specific NPDES permit or facility -specific RWQCB Waste Discharge Requirements Permit are not subject to this Chapter, but shall instead be regulated exclusively by the RWQCB. D. Recycled water. This Chapter is not intended to prohibit or prevent the use of recycled water, or the discharge of recycled water after use. This Chapter is intended to require the use of BMPs for such uses and discharges as necessary to protect human health and the environment. E. Severability and validity. If any section of this Chapter is declared invalid by a court of law, the remaining sections shall remain valid. F. City permits and approvals. 1. An application for any of the following discretionary permits or approvals shall be accompanied by plans demonstrating how the requirements of this Chapter 14.22 will be met, and the permit or approval shall not be approved unless the decision maker determines that the application complies with the requirements of this Chapter: 2004 Ordinance 12 Titles 7, 14 and 15 a. Conditional Use Permit (including modification or extension) b. Coastal Development Permit c. Parcel Map (and modifications) d. Reclamation Plan e. Planned Development Permits f. Planned Unit Development Permits g. Planning Commission Approval of Plans h. Site Plan Review i. Tentative Map (and amendments to conditions of approval or time extension) j. Tentative Parcel Map k. Variance 2. An application for any of the following ministerial permits or approvals shall be accompanied by plans demonstrating how the specifically applicable requirements, if any, set out in corresponding sections of the Manual will be met, and the permit or approval shall not be approved unless the decision maker determines that the application complies with those requirements. a. Administrative Clearing Permit b. Lot line adjustment c. Final map modification d. Grading Plan (including modification or renewal) e. Improvement Plan (including modification) f. Landscape Plan g. Building Permit h. Construction Right -of -Way Permit i. Encroachment Permit j. Excavation Permit k. On -Site Wastewater System Permit I. Underground Tank Permit m. Well Permit G. Guidance documents. Any authorized enforcement official may prepare, circulate for public comment, disseminate and maintain guidance documents addressing the use of pollution prevention practices and BMPs for specific activities or facilities, illicit connections, and illegal disposal. These guidance documents may set out additional compliance altematives that, in specified circumstances, can provide the same environmental protection that is afforded by the BMPs required by this Chapter. These guidance documents may also identify practices that have been determined by the authorized enforcement official to be additional BMPs that may be implemented for land disturbance activity and land development activity to prevent or control pollution to the MEP. Authorized enforcement officials may also take these guidance documents into account when determining whether any practices used by a discharger, or proposed in a grading plan, a Storm Water Pollution Prevention Plan (SWPPP), an enforcement settlement offer, or any other submittal to the City, are BMPs that will prevent or control pollution to the MEP. These case -specific discretionary decisions may involve circumstances that were not anticipated when general guidance documents were 2004 Ordinance 13 Titles 7, 14 and 15 prepared. Therefore, these guidance documents do not confer rights on dischargers in these circumstances and do not constrain the discretion of authorized enforcement officials. Where appropriate, and provided the same protection is provided to the environment, authorized enforcement officials may depart from these guidance documents when making case -specific decisions authorized by this Chapter. 14.22.050 Reduction of pollutants in storm water --Minimum requirements. Any person engaged in activities, which will or may result in pollutants entering the city storm water conveyance system shall undertake all measures to reduce such pollutants to the MEP. The following minimum requirements shall apply: A. Business related activities. All owners or operators of premises where pollutants from business related activities may enter the storm water conveyance system must reduce any such pollutants as are generated from said premises to the MEP. The authorized enforcement official may require the business to develop and implement a SWPPP, as defined in Section 14.22.080 of this chapter. Examples of business related activities are maintenance, storage, manufacturing, assembly, equipment operations, vehicle loading and/or cleanup procedures which are carried out partially or wholly out of doors. B. Standard for parking lots and similar structures. Persons owning or operating a parking lot or impervious surfaces used for similar purposes shall clean those stntctures thoroughly as is necessary to prevent the discharge of pollutants to the City storm water conveyance system to the MEP, but not less than once prior to each rainy season. Sweepings or cleaning residue from parking Tots or said impervious surfaces shall not be swept or otherwise made or allowed to go into the gutter or roadway. C. BMPs for new developments and redevelopments. Any person performing construction work in the city shall prevent, to the MEP (maximum extent practicable), pollutants from entering the storm water conveyance system by complying with Section 7013 of the 1991 Uniform Building Code as amended by Chapter 15.70 of this code, the Standard Specifications for Public Works Construction Manual, and applicable provisions of the general construction activity storm water NPDES permit issued by the State Water Resources Control Board (SWRCB), and the SUSMP. The city engineer may establish controls on the volume and rate of storm water runoff from new developments and redevelopments as may be appropriate to minimize the discharge and transport of pollutants. D. Compliance with NPDES storm water permits. Each industrial discharger, discharger associated with construction activity, or other discharger, subject to any NPDES storm water permit addressing such discharges, as adopted by the United States Environmental Protection Agency, the SWRCB, or the California RWQCB, San Diego Region (RWQCB), shall comply with, and undertake all other activities required by any storm water permit applicable to such discharges, including but not limited to, the SWRCB statewide general industrial and general construction activity storm water permits, and the RWQCB General De -Watering Permits (Order Nos. 91-10 and 90- 31).Each discharger identified in an individual NPDES permit relating to storm water discharges shall comply with and undertake all activities required by such permit. 2004 Ordinance 14 Titles 7, 14 and 15 E. Compliance with BMPs. Every person owning or operating any activity, operation or facility will comply with storm water BMPs adopted by federal, state, regional, or local agencies, as applicable. 14.22.060 Watercourse Protection. A. Every person owning property through which a watercourse passes, or such person's lessee or tenant, shall keep and maintain that part of the watercourse within the property reasonably free of trash, debris, excessive vegetation, and other obstacles which would pollute, contaminate or significantly retard the flow of water through the watercourse; shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function or physical integrity of the watercourse; and shall not remove healthy bank vegetation beyond that actually necessary for said maintenance which shall be accomplished in a manner that minimizes the vulnerability of the watercourse to erosion. B. No person shall commit or cause to be committed any of the following acts, unless a written permit has been obtained from the city engineer, and the appropriate state or federal agencies, if applicable: 1. Discharge pollutants into or connect any pipe or channel to a watercourse; 2. Modify the natural flow of water in a watercourse; 3. Carry out developments within thirty feet of the center line of any creek or twenty feet of the top of a bank, whichever is the greater distance from the top of the bank; 4. Deposit in, plant in, or remove any material from a watercourse including its banks, except as required for necessary maintenance. 5. Construct, alter, enlarge, connect to, change or remove any structure in a watercourse; or a 6. Place any loose or unconsolidated material along the side of or within a watercourse or so close to the side as to cause a diversion of the flow, or to cause a probability of such material being carried away by storm water passing through such a watercourse. 7. The above requirements do not supersede any requirements set forth by the Califomia Department of Fish and Game Stream alteration permit process. 14.22.070 Illicit connection and illegal discharge of pollutants --Prohibited. A. Illegal discharges. The discharge of pollutants directly or indirectly into the Storm Water Conveyance System or receiving waters in non -storm water is prohibited, except as exempted in Section 14.22.080 of this Chapter. The discharge of pollutants directly or indirectly into the Storm Water Conveyance System or receiving waters in storm water is prohibited, unless the applicable requirements of this Chapter have been met. B. Illicit connection. It is prohibited to establish, use, maintain, or continue illicit connections to the city stormwater conveyance system, regardless of whether such connections were made under a permit or other authorization or other authorization or whether permissible under the law or practices applicable or prevailing at the time of connection. 2004 Ordinance 15 Titles 7, 14 and 15 C. Litter, dumps, and stockpiles. Throwing, depositing, leaving, abandoning, maintaining or keeping materials or wastes on public or private lands in a manner and place where they may result in an illegal discharge is prohibited. 14.22.080 Exceptions to Discharge Prohibition. The following discharges are exempt from the prohibition: A. Separately permitted discharges. Storm water discharges regulated under a valid facility -specific NPDES permit or facility -specific RWQCB Waste Discharge Requirements Permit, or under a general NPDES permit (including the State General Industrial Storm Water Permit or State General Construction Storm Water Permit), are exempt from discharge prohibitions established by this Chapter, provided compliance with all relevant permit conditions is maintained to the satisfaction of the RWQCB. Except as provided in Section 14.22.040 (C), these discharges are not otherwise exempted from this Chapter. B. Categorically allowed discharges subject to Section 14.22.090. The following categories of non -storm water discharges are exempt from discharge prohibitions established by this Chapter, but dischargers must install, implement and maintain the applicable BMPs set out in Section 14.22.090 of this Chapter: • Discharges from potable water sources other than water main breaks; • Diverted stream flows (provided required permits are obtained); • Flows from riparian habitats and wetlands; • Foundation drains (not including active groundwater dewatering systems); • Individual residential washing of vehicles; • Irrigation water including recycled water used for irrigation; • Landscape irrigation; • Lawn watering; • Rising ground water; • Swimming pool discharges (if dechlorinated to Tess than one PPM chlorine); • Uncontaminated ground water infiltration to storm drains; • Uncontaminated pumped ground water; • Water from crawl space pumps; and • Water from footing drains (not including active groundwater dewatering systems). C. Categorically allowed discharges not subject to Section 14.22.090. The following categories of non -storm water discharges are exempt from discharge prohibitions established by this Chapter and are not subject to Section 14.22.090. • Air conditioning condensation; • Flows from emergency fire fighting activities; • Springs; and • Water line flushing. D. Exemptions to protect public health and safety. Discharges determined by any authorized enforcement official to be necessary to protect public health and safety are exempt from discharge prohibitions established by this Chapter, provided any 2004 Ordinance 16 Titles 7, 14 and 15 conditions on such discharges imposed by the authorized enforcement official are satisfied. In emergency circumstances, the determination of an authorized enforcement official that a discharge is necessary may initially be oral but must be promptly confirmed in writing by an authorized enforcement official. In non -emergency situations, a prior written determination is required to exempt a discharge. E. On -site wastewater systems. Discharges to the subsurface from permitted properly functioning on -site wastewater systems are not prohibited by this Chapter. F. Exemptions not absolute. Any discharge category described in subsection (B) above that is a significant source of pollutant to waters of the United States shall be prohibited from entering the storm water conveyance system, or shall be subjected to a requirement to implement additional BMPs to reduce pollutants in that discharge to the MEP. Such prohibitions shall be effective on a schedule specified by an authorized enforcement official in a written notice to the discharger. That schedule may take into account the nature and severity of any effects caused by the discharge; and the time required to design, engineer, fund, procure, construct and make appropriate BMPs operational. 14.22.090 Best management practice requirements and general requirements applicable to all discharges. A. r Applicable requirements. All dischargers in the City must comply with the generally applicable prohibitions and requirements in Sections 14.22.010 through 14.22.080 of this Chapter, and must also comply with any other parts of this Chapter (including relevant parts of the Manual) that are applicable to the type of facility or activity owned or operated by that discharger. B. Minimum BMPs for all dischargers. All dischargers in the City must install, implement and maintain at least the following minimum BMPs: 1. Eroded soils. Prior to the rainy season, dischargers music remove or secure any significant accumulations of eroded soils from slopes previously disturbed by clearing or grading, if those eroded soils could otherwise enter the Storm Water Conveyance System or receiving waters during the rainy season. 2. Pollution prevention. Dischargers employing ten or more persons on a full-time basis shall implement those storm water pollution prevention practices that are generally recognized in that discharger's industry or business as being effective and economically advantageous. 3. Prevention of illegal discharges. Illibit connections must be eliminated (even if the connection was established pursuant to a valid permit and was legal at the time it was constructed), and illegal discharge practices eliminated. 4. Slopes. Completed slopes that are more than five feet in height, more than 250 square feet in total area, and steeper than 3:1 (run -to -rise) that have been disturbed at any time by clearing, grading, or landscaping, shall be protected from erosion prior to the first rainy season following completion of the slope, and continuously thereafter. 5. Storage of materials and wastes. All materials and wastes with the potential to pollute urban runoff shall be stored in a manner that either prevents contact with rainfall and storm water, or contains contaminated runoff for treatment and disposal. 2004 Ordinance 17 Titles 7, 14 and 15 6. Use of materials. All materials with the potential to pollute urban run off (including, but not limited to, cleaning and maintenance products used outdoors, fertilizers, pesticides and herbicides, etc.) shall be used in accordance with label directions. No such product may be disposed of or rinsed into receiving waters or the Storm Water Conveyance System. C. Inspection, maintenance, repair and upgrading of BMPs. BMPs at manned facilities must be inspected by the discharger before and following predicted rain events. BMPs at unmanned facilities must be inspected by the discharger at least once during the rainy season and at least once between each rainy season. These BMPs must be maintained so that they continue to function as designed. BMPs that fail must be repaired as soon as it is safe to do so. If the failure of a BMP indicates that the BMPs in use are inappropriate or inadequate to the circumstances, the BMPs must be modified or upgraded to present any further failure in the same or similar circumstances. D. Storm water pollution prevention plan. An authorized enforcement official may require a commercial, industrial or land disturbance activity discharger to prepare and submit a SWPPP for approval by that official if (1) the discharger does not come into compliance with this Chapter after one or more warnings (or other enforcement action) that BMPs are inadequate or are not being adequately maintained; or (2) the facility or activity at issue is a significant source of contaminants to receiving waters despite compliance with this Chapter. Any discharger required to submit and to obtain approval of a SWPPP shall install, implement, and maintain the BMPs specified in the approved SWPPP. The SWPPP shall identify the BMPs that will be used by the discharger to prevent or control pollution of storm water to the MEP. If the facility is an industrial facility, the SWPPP submitted to the City shall at a minimum meet the requirements of the State NPDES General Industrial Storm Water Permit. If the activity at issue is a construction or land disturbance activity, the SWPPP submitted to the City shall at a minimum meet the requirements of the State NPDES General Construction Storm Water Permit. If a facility, required to submit a SWPPP to the City, discharges non -- storm water to groundwater, the facility shall obtain an RWQCB permit as required by the State Water Code, and shall describe the requirements of that permit in the SWPPP. Whenever submission of a SWPPP is required pursuant to this Chapter, an authorized enforcement official may take existing City BMPs into account when determining whether the practices proposed in the SWPPP are BMPs that will prevent or control pollution to the required level of MEP. E. Notification of spills, releases and illegal discharges. Spills, releases, and illegal discharges of pollutants to receiving waters or to the Storm Water Conveyance System shall be reported by the discharger as required by all applicable state and federal laws. In addition, any such spills, releases and illegal discharges with the potential to endanger health, safety or the environment shall be reported to the directors within 24-hours after discovery of the spill, release or discharge. If safe to do so, necessary actions shall be taken to contain and minimize the spill, release or illegal discharge. F. Sampling, testing, monitoring, and reporting. Commercial, industrial or land disturbance activity dischargers shall perform the sampling, testing, monitoring and reporting required by this Chapter. In addition, an authorized enforcement official may 2004 Ordinance 1$ Titles 7, 14 and 15 order a discharger to conduct testing or monitoring and to report the results to the City if (1) the authorized enforcement official determines that testing or monitoring is needed to determine whether BMPs are effectively preventing or reducing pollution in storm water to the MEP, or to determine whether the facility is a significant source of contaminants to receiving waters; or (2) the authorized enforcement official determines that testing or monitoring is needed to assess the impacts of an illegal discharge on health, safety or the environment; or (3) an illegal discharge has not been eliminated after written notice by an authorized enforcement official; or (4) repeated violations have been documented by written notices from authorized enforcement officials; or (5) the RWQCB requires the City to provide any information related to the discharger's activities. Testing and monitoring ordered pursuant to this subsection may include the following: 1. Visual monitoring of dry weather flows, wet weather erosion, and/or BMPs; 2. Visual monitoring of premises for spills or discharges; 3. Laboratory analyses of storm water or non -storm water discharges for pollutants; 4. Background or baseline monitoring or analysis; and 5. Monitoring of receiving waters or sediments that may be affected by pollutant discharges by the discharger (or by a group of dischargers including the discharger). The authorized enforcement official may direct the manner in which the results of required testing and monitoring are reported, and may determine when required sampling, testing or monitoring may be discontinued. G. Mitigation. All illegal discharges must be mitigated within a reasonable period of time to correct or compensate for all damage to the environment caused by the illegal discharge. The authorized enforcement official shall determine whether mitigation measures proposed or completed by the discharger meet this standard. The authorized enforcement official shall require the discharger to submit a mitigation plan and schedule by a specified date prior to taking action, and to submit a summary of completed mitigation by a specified date. 14.22.100 Additional minimum best management practice requirements for residential activities and facilities. A. Applicable requirements. The requirements in this section apply to all residential dischargers within the City. All residential dischargers must install, implement and maintain the BMPs identified in Section 14.22.090 (B) for all dischargers, and at least the additional minimum BMPs specified below for the category of activities conducted by that discharger. B. Motor vehicle or boat repair and maintenance. 1. Motor vehicle and boat repair and maintenance activity shall be performed under a permanent roof or other permanent cover, if such space is available. Maintenance and repair activities that are conducted without cover or without BMPs to prevent pollutant discharges are prohibited during times of precipitation. 2. Any release of fluids during repair or maintenance shall be promptly contained and cleaned up. Any absorbent materials used must be disposed of properly. 2004 Ordinance 19 Titles 7, 14 and 15 3. Automotive and boat materials and wastes must be stored indoors, or under cover, or in secure and watertight containers. C. Motor vehicle washing. 1. Vehicles shall be washed over porous surfaces such as lawns and gravel areas where feasible. 2. Remaining detergent solutions prepared for use in vehicle washing, but not used up in that process, may not be disposed by emptying buckets or other containers directly or indirectly to the storm water conveyance system or receiving waters. Disposal to the sanitary sewer (e.g., through a sink, toilet or floor drain) or to a porous surface is required. 3. The use of "hose off or single use engine degreasing chemicals is prohibited, unless captured and disposed of properly. 4. Motor vehicle washing other than individual residential motor vehicle washing is prohibited, unless all wash and rinse water is diverted to or contained and disposed to a porous area or the sanitary sewer. D. Motor vehicle parking. 1. Residents shall remove excessive accumulations of oil and grease deposited by vehicles they own from parking areas, using dry cleaning methods (e.g., absorbents, scraping, vacuuming, or sweeping). 2. Residents shall move vehicles from streets when notified to do so to allow street cleaning. E. Home and garden care activities and product use. 1. Irrigation systems should be adjusted to avoid excessive runoff. 2. Spills of gardening chemicals, fertilizers or soils to non -porous surfaces must be cleaned up, and properly disposed. 3. Lawn and garden care .products must be stored in closed labeled containers; or in covered areas; or off the ground under protective tarps. 4. Household hazardous waste may not be disposed directly or indirectly to the trash or to the street, gutter or storm drain. F. Home care and maintenance. 1. Painting equipment may not be cleaned out in or over streets, sidewalks or gutters. 2. Action shall be taken to minimize .and contain all spills of hazardous materials, if it is safe to do so. 3. Household hazardous materials must be stored indoors or under cover, and in closed and labeled containers. 4. Household wash waters (carpet cleaning, mop water, washing machine effluent, other gray water, paint wash-up water, etc.) may not be disposed of to the street, gutter or storm drain or to receiving waters. Disposal to the sanitary sewer (e.g., through a sink, toilet or floor drain) or to a porous surface is required. G. Manure and pet waste management. 1. Manure deposited by horses and large animals within an enclosure or on uncovered areas, from which runoff could enter receiving waters or the storm water conveyance systems, must be cleaned up at least once weekly and either be composted, or be stored prior to disposal in a manner that prevents contact with runoff to receiving waters or the storm water conveyance system. 2004 Ordinance 20 Titles 7, 14 and 15 2. Areas used for composting such manure must be located, configured or managed to prevent runoff to receiving waters or the storm water conveyance system. 3. Pet waste shall not be disposed to the storm water conveyance system or receiving waters. H. Private sewer laterals and on -site wastewater systems. 1. Private sewer laterals shall be cleaned, maintained and when necessary replaced to prevent seepage and spills. On -site wastewater systems shall be pumped, maintained and when necessary modified or replaced to prevent spills. 2. Spills from private sewer laterals and on -site wastewater systems shall be contained and cleaned -up in a manner that minimizes any release of pollutants to the storm water conveyance system or receiving waters. 3. Any release from a private sewer lateral that enters the storm water conveyance system or receiving waters shall be immediately reported to the City. 4. Failed on -site wastewater systems shall be repaired or replaced, after issuance of all required permits and approvals. 14.22.110 Additional minimum best management practice requirements for commercial activities and facilities. A. Priorities and requirements. Regulated commercial facilities are classified in this section as high priority or all other, and additional requirements are imposed on those facilities by this section based on those classifications. All commercial dischargers must install, implement and maintain at least the additional minimum BMPs, if any, specified in this section or in the Manual for the priority classification and category of activity or facility owned or operated by that discharger. All regulated commercial facilities shall review their facilities, activities, operations and procedures at least annually to detect and eliminate illicit connections and illegal discharges. Corrective training shall be provided as needed (and documented in' training records) whenever an illegal disposal practice is discovered. B. High priority commercial facilities identified. As required by NPDES Permit No. CAS0108758, facilities in the City having one or more of the following characteristics are high priority commercial facilities: 1. The facility is a regulated commercial facility primarily engaged in one of the following commercial activities: • Airplane mechanical repair, maintenance, fueling, or cleaning; • Motor Vehicle (or other vehicle) parking lots and storage facilities; • Motor Vehicle and other vehicle body repair or painting; • Motor Vehicle mechanical repair, maintenance, fueling, or cleaning; • Boat mechanical repair, maintenance, fueling, or cleaning; • Botanical or zoological gardens and exhibits; • Cement mixing or cutting; • Cemeteries; • Eating or drinking establishments; • Equipment repair, maintenance, fueling, or cleaning; 2004 Ordinance 21 Titles 7, 14 and 15 • Golf courses, parks and other recreational areas/facilities; • Landscaping; • Marinas; • Masonry installation; • Mobile motor vehicle or other vehicle washing; • Mobile carpet; drape or furniture cleaning; • Nurseries and greenhouses; • Painting and coating; • Pest control services; • Pool and fountain cleaning; • Port -a -Potty servicing; or • Retail or wholesale fueling. 2. The facility is a regulated commercial facility that has outdoor industrial areas totaling two acres or more or an outdoor parking lot for 100 or more vehicles; and storm water or runoff from the facility may adversely affect impaired waters or waters within an ESA. 3. The facility is a regulated commercial facility and has been notified in writing by an authorized enforcement official that it is a high priority commercial facility. Such designations shall take effect 90 days after mailing or service of this notice. These designations shall be made where the facility discharges a pollutant load in storm water or runoff that causes or contributes to the violation of water quality standards. C. Additional minimum BMPs for all regulated commercial facilities. All regulated commercial facilities shall install, implement and maintain the BMPs specified in the Manual the following areas: • Employee training; • Storm water pollution prevention plans; • Storm drain tileage and signing; • Annual review of facilities and activities; • Pollution prevention; • Materials and waste management • Vehicles and equipment; • Outdoor areas. D. Additional minimum BMPs for specific activities at high priority commercial facilities. High priority commercial facilities shall install, implement, and maintain the BMPs specified in the Manual for specific areas at the facility, if any, where any of the following activities are conducted: • Vehicle and equipment operations; • Materials and waste management (including tanks); • Outdoor work and storage functions. E. Additional minimum BMPs for specific types of regulated commercial facilities. Regulated commercial facilities, including but not limited to the types of facilities and activities listed below, shall install, implement and maintain the BMPs specified in the Manual for each such type of facility or activity. • Vehicle and equipment repair and maintenance; • Outdoor storage of vehicles and equipment; 2004 Ordinance 22 Titles 7, 14 and 15 • Retail and wholesale fueling; • Vehicle body repair and painting; • Painting and coating; • Eating and drinking establishments; • Marinas; • Botanical and zoological gardens and exhibits; • Goff courses, parks, and other recreational facilities; • Parking Tots and storage facilities • Cement mixing and cutting; • Mobile carpet, drape, and furniture cleaning; • Masonry storage or installation; • Pool and fountain cleaning; • Portable sanitary toilet servicing; • Mobile vehicle washing; • Pest control; • Landscaping. 14.22.120 Additional minimum best management practice requirements for industrial activities and facilities. A. ; Priorities and requirements. Regulated industrial facilities are classified in this section as high, medium and low priority, and additional requirements are imposed on those facilities by this section based on those classifications. All industrial dischargers must install, implement and maintain at least the additional minimum BMPs, if any, specified in this section or in the Manual for the priority classification and category of activity or facility owned or operated by that discharger. All regulated industrial facilities shall review their facilities, activities, operations and procedures at least annually to detect and eliminate illicit connections and illegal disdharges. Corrective training shall be provided as needed (and documented in training records) whenever an illegal disposal practice is discovered. B. High priority industrial facilities. Regulated industrial facilities that have one or more of the characteristics listed below are high priority industrial facilities: 1. The facility is subject to the State General Industrial Storm Water Permit, taking into account all of the provisions of that permit. 2. The facility is a regulated industrial facility and storm water or runoff from the facility is tributary to an impaired water body, and the facility generates a pollutant for which that water body is impaired. 3. The facility is a regulated industrial facility and is located within or adjacent to (i.e., within 200 ft. of), or discharges directly to, a coastal lagoon or a receiving water body within an ESA. 4. The facility is subject to Section 313 of Title 1I1 of the Superfund Amendments and Reauthorization Act of 1986 (SARA). 5. The facility was notified in writing by an authorized enforcement official that it has been designated a high priority industrial facility. Such designations shall take effect 90 days after mailing or service of notice. These designations shall be made where the facility discharges a pollutant load in storm water or runoff that causes or contributes to the violation of water quality standards. 2004 Ordinance 23 Titles 7, 14 and 15 C. Medium priority industrial facilities. Regulated industrial facilities that are not high priority industrial facilities, but which employ 50 or more persons, are medium priority industrial facilities. D. Low priority industrial facilities. Regulated industrial facilities that are not high priority industrial facilities or medium priority industrial facilities are low priority industrial facilities. E. Additional minimum BMPs and other additional requirements for high priority industrial facilities. 1. Notice of intent. High priority industrial dischargers required to comply with the State Industrial General Storm Water Permit shall maintain on site and make available for inspection on request by the City the state -issued Waste Discharge Identification Number (WDID) for the facility, and a copy of the Notice of Intent (NOI) filed with the SWRCB pursuant to that permit. The discharger shall submit the WDID and a copy of that NOI to the City by mail if directed to do so by an authorized enforcement official. 2. Storm water pollution prevention plan. Dischargers required to prepare a SWPPP under the State General Industrial Storm Water Permit must prepare the plan, implement the plan and maintain it at the site readily available for review. If a high priority industrial facility is not required to prepare a state SWPPP, the facility shall prepare a SWPPP, submit that SWPPP for City approval or modification and approval, implement the SWPPP, and maintain it on site. Failure to comply with an applicable state -required or City -required SWPPP is a violation of this Chapter. 3. Pollution prevention practices. High priority industrial facilities shall consider and, where determined to be appropriate by the facility, shall implement the following measures to prevent the pollution of storm water and runoff: • The use of smaller quantities of toxic materials or substitution of less toxic materials; d • Changes to production processes to reduce waste; • Decreases in waste water flows; • Recycling of wastes as part of the production process;. • Segregation of wastes, and • Treatment of wastes on site to decrease volume and/or toxicity. 4. Non-structural BMPs. High priority industrial facilities shall incorporate into the SWPPP, and install implement and maintain, the following non- structural BMPs. The implementation of these practices shall be consistent with specifications, if any, contained in the Manual. • BMPs for material handling and storage of significant materials; • BMPs for non -hazardous waste handling and recycling; • Employee training programs; • Good housekeeping practices; • Preventive maintenance practices; • Self inspection and quality assurance practices; and • Spill response planning. 5. BMPs for specific activities. High priority industrial facilities shall incorporate into the SWPPP, and install implement and maintain BMPs as specified in the Manual for any commercial activities conducted at the facility (as identified in 2004 Ordinance 24 Titles 7, 14 and 15 Section 14.22.110), and for areas at the facility where industrial activities are conducted. Industrial activities include but are not limited to the following: • Raw or processed materials bulk storage; • Mixing, where there is the potential for release of a pollutant; • Cutting, trimming or grinding in connection with a production process; • Casting, forging, or forming; • Hazardous materials storage (including tanks); • Construction, painting and coating; • Pesticide or other chemical products formulation or packaging; • Process water pre-treatment; • Solid waste storage; • Waste water treatment; • Welding; • Blasting; • Chemical treatment; and • Power washing. 6. Additional structural BMPs. High priority industrial facilities shall incorporate into the SWPPP, and install, implement and maintain one or more of the additional; structural BMPs listed below where practicable, if use of such BMPs would significantly reduce pollution in run-off from the facility. The discharger shall determine in the first instance which of these BMPs to implement. However, an authorized enforcement official can order that additional BMPs be used at a particular facility. • Overhead coverage of outdoor work areas or chemical storage; • Retention ponds, basins, or surface impoundments that confine storm water to the site; • Berms and concrete swales or channels that divert rush -on and runoff away from contact with pollutant sources; • Secondary containment structures; and • Treatment controls, e.g., infiltration devices and oil/water separators, to reduce pollutants in storm water or authorized non -storm water discharges. • F. Monitoring at high priority industrial facilities. Dischargers owning or operating high priority industrial facilities required to conduct monitoring under the State Industrial General Storm Water Permit shall make records of such monitoring available for inspection, and submit a copy of such records to the City if directed to do so by an authorized enforcement official. State exceptions from monitoring requirements are also applicable to this requirement, and group monitoring approved by the State is also acceptable to the City. The City may direct that any required records be submitted in a specified electronic format. Dischargers owning or operating manned high priority industrial facilities that are not required to conduct monitoring under the State Industrial General Storm Water Permit, and which would not qualify for an exemption from monitoring under the terms of that permit if the permit were applicable, must develop and implement a monitoring program that meets the following minimum criteria: 2004 Ordinance 25 Titles 7, 14 and 15 1. Quantitative storm water data must be obtained from two storm events in a year; 2. These monitoring events must address: • Pollutants listed in any effluent guidelines subcategories applicable to the facility; • Pollutants with effluent limits established by an existing NPDES permit for that facility; • Oil/grease or total organic carbon; • pH; Total suspended solids; • Specific conductance; and • Toxic chemicals and other pollutants likely to be present in storm water discharges. This monitoring must be conducted under the conditions set out in the State Industrial General Storm Water Permit. The discharger must retain records of such monitoring on site, make such records available for inspection, and submit a copy of such records to the City if directed to do so by an authorized enforcement official. G. Medium priority industrial facilities. Medium priority industrial facilities must prepare and retain on site, and make available for inspection, a written report verifying that they have assessed their status with respect to the criteria for classifying high priority industrial facilities set out in subsection (B) above. These facilities must also meet the requirements for low priority, industrial facilities set out in subsection (H) below. H. Low priority industrial facilities, Low priority industrial facilities must meet the requirements set out in Sections 14.22.04Q through 14.22.090 of this Chapter for all discharges, the requirements set out in Section 14.22.110 of this Chapter for high priority commercial facilities, and any applicable,requirements in Section 14.22.1'40. 14.22.130 Additional minimum best management practice requirements for municipal activities and facilities. Municipal facilities must meet the requirements set out in Sections 14.22.010 through 14.10.090, and where applicable, Sections 14.22.150 and 14.22.160 of this Chapter. In addition, these facilities and activities must install, implement and maintain at least the additional minimum BMPs, if any, specified in Section 14.22.120 or in the Manual, for industrial areas and activities at the municipal facility. 14.22.140 City Best Management Practices Manual. A. Effect of manual. All dischargers who are required by this Chapter to install, implement and maintain BMPs shall ensure that their selection of BMPs is consistent with the applicable specifications, if any, contained in the Manual, for the category and priority of activity or facility owned or operated by that discharger. All BMPs installed, implemented or maintained to meet the requirements of this Chapter must conform to the applicable specifications, if any, set out in this Manual. B. Existing facilities. The Manual sets out minimum BMPs and other objective specifications for specific types and categories of existing facilities and activities. Where minimum BMPs and objective specification are specified, they are mandatory. Where no minimum BMPs have been specified in the Manual for a type 2004 Ordinance 26 Titles 7, 14 and 15 and category of facility or activity, only the requirements set out in this Chapter are applicable. C. Ministerial land development protects. Requirements applicable to development projects requiring only the kinds of ministerial permits listed in subsection 14.22.040 (F)(2) of this Chapter are set out in separately identified sections of the Manual. Other requirements in the Manual are not applicable to these projects during the development process. However, some additional requirements will apply to completed projects when they become subject to this Chapter as residential, commercial or industrial facilities. D. Discretionary land development and redevelopment projects. The Manual sets out minimum BMPs, other objective specifications, and water quality standards for land development projects requiring one or more of discretionary permits listed in subsection 14.22.040 (F)(1) of this Chapter. The minimum BMPs and other objective specifications in the Manual are applicable to both ministerial and discretionary land development projects. The BMPs in the Manual are applicable to projects that require a discretionary City permit or approval, and shall be implemented through specific permit conditions. Development project proponents must determine whether their project design will meet the water quality standards for their facility or activity, and must redesign their project and/or install, implement and maintain additional BMPs where needed to meet applicable water quality standards. E. r Conflicting or more detailed requirements. In case of any conflict between any applicable minimum BMPs specified in this Chapter, and any applicable requirements described in more detail for a particular type of facility or activity in the Manual, the requirement in the Manual shall prevail. 14.22.150 Additional requirements for land disturbance activity. A. Permit issuance. No land owner or development project proponent shall receive any City grading, clearing, building or other land development permit4required for land disturbance activity without first meeting the requirements of this Chapter with respect to the portion of the development project and the land disturbance activity to which the permit at issue would apply. B. Owners and operators both responsible and liable. Persons or entities performing land disturbance activity (including but not limited to construction activities) in the City, and the owners of land on which land disturbance activity is performed, are dischargers for purposes of this Chapter; provided however that a local govemment or public authority is not a discharger as to activities conducted by others in public rights of way. C. Storm water management plan. All applications to the City for a permit or approval associated with a land disturbance activity must be accompanied by a Storm Water Management Plan, on a form or in a format specified by the City. The Storm Water Management Plan shall specify the manner in which the discharger/applicant will implement the BMPs required by this Chapter for the activity at issue, including but not limited to the applicable BMPs required by subsection (D) below. D. Additional minimum BMPs for land disturbance activity. Whether a City permit or approval is required or not, and whether a Storm Water Management Plan is required to be submitted or not, all dischargers engaged in land disturbance activity 2004 Ordinance 27 Titles 7, 14 and 15 shall implement BMPs as detailed in the Manual in the following additional areas if applicable to the project: 1. Erosion control on slopes; 2. Erosion control on flat areas; or BMPs to desilt runoff from flat areas; 3. Runoff velocity reduction; 4. Sediment control; 5. Offsite sediment tracking control; 6. Materials management; 7. Waste management; 8. Vehicle and equipment management; 9. Water conservation; 10. Structure construction and painting; 11. Paving operations; 12. Dewatering operations; 13. Planned construction operations; 14. Downstream erosion control; 15. Prevention of non -storm water discharges; and 16. Protection of ground water. E. Control to the MEP. All dischargers engaged in land disturbance activity must inst9II, implement and maintain those additional BMPs, if any, that are needed to prevent or reduce pollutant discharges in storm water from land disturbance to the MEP. F. Notice of intent. Dischargers required to comply with the State Construction General Storm Water Permit shall maintain on site and make available for inspection on request by the City any state -issued Waste Discharge Identification Number (WDID) for the site, and a copy of the Notice of Intent (NOI) filed with the SWRCB pursuant to that permit. G. Storm water pollution prevention plan. Dischargers required to prepare a SWPPP under the State General Construction Storm Water Permit must prepare the plan, implement the plan and maintain it at the site, readily available for review. Failure to comply with an applicable state -required SWPPP is a violation of this Chapter. H. Facility monitoring. Dischargers required to conduct monitoring under the State Construction General Storm Water Permit must conduct such monitoring in conformance with requirements specified by the State, retain records of such monitoring on site, and make such records available for inspection by an authorized enforcement official. 14.22.160 Additional planning, design and post -construction requirements for all land development and redevelopment protects. A. Application to development and redevelopment projects. No land owner or development project proponent in the City shall receive any City permit or approval listed in Section 14.22.040(f) of this Chapter for land development activity or significant redevelopment activity unless the project meets or will meet the requirements of this Chapter. Post -Construction BMP requirements imposed by this section and by the Manual shall not apply to those physical aspects of the project that have been completed or substantially completed pursuant to and as required by a valid City permit 2004 Ordinance 28 Titles 7, 14 and 15 or approval, at the time a complete application for a subsequent permit or approval is submitted. B. Owners and developers responsible and liable. Developers, development project proponents, and land owners for land on which land development activity is performed, are dischargers for purposes of this Chapter; provided however that a local government or public authority is not a discharger as to activities conducted by others in public rights of way. C. Post -construction BMPs required. Land development and redevelopment projects with the potential to add pollutants to storm water or to affect the flow rate or velocity of storm water runoff after construction is completed, shall be designed to include and shall implement post -construction BMPs to ensure that pollutants and runoff from the development will be reduced to the MEP, will not significantly degrade receiving water quality, and will not cause or contribute to an exceedance of receiving water quality objectives. D. Natural BMPs. Natural BMPs, such as constructed wetlands, grassed swales, biofilters, wet ponds, and vegetated filter strips, shall be utilized whenever practicable for post -construction BMPs that are proposed by a discharger. E. Post -construction storm water management plan. All applications to the City for a permit or approval associated with a land development or redevelopment activity must be accompanied by a Post -Construction Storm Water Management Plan on a forrp or in a format specified by the City. The plan shall specify the manner in which the discharger/applicant will implement the post -construction BMPs required by this Chapter. The plan must address those aspects of the project that, at the time a complete application is submitted, are subject to further environmental review pursuant to Section 15162 of the Califomia Environmental Quality Act. Post -Construction BMPs for other aspects of the project need not be addressed in this plan. F. Storm water management plan review fee and deposit. Fees for Storm Water Management Plan Review and deposit thereof shall be adopted by resolution. G. Additional minimum post -construction BMPS for land development activity. Whether a permit or approval is required or not, and whether a Post -Construction Storm Water Management Plan is required to be submitted or not, all dischargers engaged in land development or significant redevelopment activities in the City shall implement post -construction BMPs in the following areas if applicable to the project: 1. BMPs for permanent control of erosion from slopes. These BMPs can include structures to convey runoff safely from the tops of slopes, vegetation or altemative stabilization of all disturbed slopes, the use of natural drainage systems to the MEP, flow and velocity controls upstream of sites; and stabilization or permanent channel crossings, unless the crossing is not publicly accessible and is not frequently used. 2. BMPs to control flows, velocity and erosion. These BMPs can include but are not limited to the use of energy dissipaters, such as riprap, at the outlets of storm drains, culverts, conduits, or lined channels that enter unlined channels to minimize erosion; installation of retention or equalization basins, or other measures. Flow control and downstream erosion protection measures shall prevent any significant increase in downstream erosion as a result of the new development, but shall not prevent flows needed to sustain downstream riparian habitats or wetlands. 2004 Ordinance 29 Titles 7, 14 and 15 3. Pollution prevention and source control BMPs, to minimize the release of pollutants into storm water. 4. Site design BMPs, such as impervious surface minimization; and appropriate use of buffer areas to protect natural water bodies. 5. Site planning BMPs, such as siting and clustering of development to conserve natural areas to the extent practicable. 6. The installation of storm drain tiles or concrete stamping, and appropriate signage to discourage illegal discharges. 7. BMPs for trash storage and disposal and materials storage areas. 8. Structural BMPs to treat and/or to infiltrate storm water where a development project would otherwise cause or contribute to a violation of water quality standards in receiving waters. Off -site structural BMPs may be used for treatment and infiltration necessary to meet water quality standards only if the conveyance of run-off to those facilities prior to treatment will not cause or contribute to an exceedance of water quality standards, or deprive wetlands or riparian habitats of needed flows. Offsite facilities shall not substitute for the use of any on -site source control BMPs required by the Manual. 9. When an Infiltration BMP is used, related BMPs set out in the Manual (including but not limited to siting constraints), to protect present uses of ground water, and future uses of that ground water as currently designated in the applicable RWQCB Basin Plan. (Discharges to infiltration BMPs may also require an RWQCB permit, and additional state requirements may also be applicable to these discharges.) 10. Other applicable BMPs required by the Manual. H. Control to the MEP. All dischargers engaged in land development and significant redevelopment activities shall install, implement and maintain post -construction BMPs as needed to prevent or reduce pollutant discharges in storm water from land disturbance to the MEP. 4 14.22.170 Maintenance of BMPs. A. Existing Development. Residential, commercial, industrial, agricultural and municipal dischargers shall maintain the BMPs they rely upon to achieve and maintain compliance with this Chapter. B. New development. The owners and occupants of lands on which structural post -construction BMPs have been installed to meet the requirements of this Chapter shall ensure the maintenance of those BMPs, and shall maintain those BMPs by contract or covenant, or pursuant to this Chapter. C. Maintenance obligations. Primary responsibility to maintain a BMP may be transferred through a contract or other agreement. If that contract provides that it will be submitted to the City pursuant to this Chapter as part of a development permit application, and if that contract is so submitted, the person or entity accepting a maintenance obligation in such a contract or agreement will also be legally obliged to maintain that BMP pursuant to this Chapter. D. Obligation to maintain BMPs not avoided by contracts or other agreements. For purposes of City enforcement, no contract or other agreement imposing an obligation to maintain a BMP can relieve a person or entity of any obligation to maintain a BMP imposed by this Chapter. 2004 Ordinance 30 Titles 7, 14 and 15 E. Disclosure of maintenance obligations. Any developer who transfers ownership of land on which a BMP is located or will be located, or who otherwise transfers ownership of a BMP or responsibility for the maintenance of a BMP to another person or entity, shall provide clear written notice of the maintenance obligations associated with that BMP to the new or additional responsible party prior to that transfer, and shall record that obligation so that the BMP will run with the land. F. Maintenance plans for land development projects. The proponents of any land development project or significant redevelopment project that requires a discretionary City permit, shall provide to the City for review and approval prior to issuance of such permit, a plan for maintenance of all post -construction structural BMPs associated with the project. The plan shall specify the persons or entities responsible for maintenance activity, the persons or entities responsible for funding, schedules and procedures for inspection and maintenance of the BMPs, worker training requirements, and any other activities necessary to ensure BMP maintenance. The plan shall provide for servicing of all post -construction structural BMPs at least annually, and for the retention of inspection and maintenance records for at least three (3) years. G. Access easement/agreement. The proponents of any land development project or significant redevelopment project that requires a discretionary City permit, shall agree to a condition of approval that provides the City access for inspection and maintenance of BMPs or, at the discretion of the City, shall provide to the City for review and approval prior to issuance of such permit an executed, permanent, easement onto the land on which post -construction structural BMPs will be located (and across other lands as necessary for access), to allow inspection and/or maintenance of those BMPs. H. Security for maintenance for land development projects. If it is determined by the authorized enforcement official that the public interest requires the posting of bond or other security to assure the maintenance of a BMP, such bond or security may be required by the authorized enforcement official. 14.22.180 Inspection and sampling. A. Regulatory inspections. Authorized enforcement officials may inspect facilities, activities and residences subject to this Chapter at reasonable times and in a reasonable manner to carry out the purposes of this Chapter. If entry for a regulatory inspection is refused by the facility owner or operator, or by the occupant of a residence, an inspection warrant shall be obtained prior to inspection. B. Access easements. When any new structural BMP is installed on private property as part of a project that requires a City permit, in 'order to comply with this Chapter, the property owner shall agree to a condition of approval that provides the City access for inspection and maintenance of BMPs or, at the discretion of the City, shall provide to the City for review an easement to enter the property at reasonable times and in a reasonable manner to ensure that the BMP is working properly. This includes the right to enter the property without prior notice once per year for routine inspections, to enter as needed for additional inspections when the City has a reasonable basis to believe that the BMP is not working properly, to enter for any needed follow-up inspections, and to enter when necessary for abatement of a nuisance or correction of a violation of this Chapter. 2004 Ordinance 31 Titles 7, 14 and 15 C. Scope of inspections. Inspections may include all actions necessary to determine whether any illegal discharges or illegal connections exist, whether the BMPs installed and implemented are adequate to comply with this Chapter, whether those BMPs are being properly maintained, and whether the facility or activity complies with the other requirements of this Chapter. This may include but may not be limited to sampling, metering, visual inspections, and records review. Where samples are collected the owner or operator may request and receive split samples. Records, reports, analyses, or other information required under this Chapter may be inspected and copied, and photographs taken to document a condition and/or a violation of this Chapter. 14.22.190 Enforcement. The City Engineer shall be the primary enforcement official for this chapter. When appropriate or necessary, this chapter may also be enforced by any other official or officer who is charged by the municipal code with code enforcement authority. The enforcement of this chapter shall be accomplished in the same manner as provided in Chapter 7.32 of this code except that reference to the term "code conformance officer" in Chapter 7.32 shall include the enforcement official as defined in this chapter and that all references to "Title 7" shall mean this storm water management and control ordinance" for the purposes of enforcement of this chapter 14.22 only. Thp enforcement official may exercise any of the following supplemental enforcement powers as may be necessary to effectively implement and enforce this chapter: 1. Carry out any sampling activities, including taking samples from the property of any person or from any vehicle' which any authorized representative of the enforcement agency reasonably believes is currently, or has in the past, caused or contributed to causing an illicit storm -water discharge to the storm water conveyance system. Upon request, split samples shall be given to the person from whose property or vehicle the samples were obtained; 2. Stop and inspect any vehicle reasonably suspected of causing or contributing to an illicit discharge to the storm water conveyance system when accompanied by a uniformed police officer in a clearly marked vehicle; 3. Conduct tests, analyses and evaluations to determine whether a discharge of storm water is an illicit discharge or whether the requirements of this chapter are met; 4. Photograph any effluent stream, material or waste, material or waste container, container label, vehicle, waste treatment process, waste disposal site, or condition contributing to storm water pollution and constituting a violation of this chapter found during an inspection; 5. Review and obtain a copy of the storm water pollution prevention plan prepared by an owner and/or occupant or facility operator, if such a plan is required; 6. Require the owner and/or occupant or facility operator to retain evidence, as instructed by the inspector, for a period not to exceed thirty days; 7. Review and obtain copies of all storm water monitoring data complied by the owner and/or occupant or facility operator, if such monitoring is required; 2004 Ordinance 32 Titles 7, 14 and 15 8. The authorized enforcement official may issue warning notices to any person owning or occupying a premise to clean up and abate any release of pollutants on the premise, which may result in a violation of this chapter. The authorized enforcement official may also order the abatement of pollutant storage practices, which may reasonably result in such a violation; 9. The authorized enforcement official may require reasonable monitoring of discharges from any premises to the storm water conveyance system and shall have the authority to order the mitigation of circumstances which may result in illegal discharges to the MEP. 10. Enter upon and conduct inspections or samplings as may be required of any premises, facilities, or equipment, including monitoring and control equipment, to ensure compliance with the SUSMP and Jurisdictional Urban Runoff Management Program (JURMP). The authority to conduct reasonable inspections and the obligation of an owner or occupant to allow such inspection upon presentation of official credential is conferred and shall be exercised pursuant to Chapters 1.12 and 1.20 of this code. 14.22.200 Enforcement. Authorized enforcement officials may enforce this chapter and abate public nuisances as follows. A. Administrative authorities. 1. Administrative Penalties. Administrative penalties may be imposed in accordance with the provisions for administrative penalties set forth in Chapter 1.48. Administrative penalties may include the recovery of fines assessed against the City of National City by the RWQCB. Any later -enacted administrative penalty provision in the National City Municipal Code shall also be applicable to this Chapter, unless otherwise provided therein. 2. Cease and desist orders. Written and/or verbal orders pursuant to Section 1.12.030 may be issued to stop illegal discharges and/or removie illegal connections. If it is determined by an authorized enforcement official that the public interest requires the posting of bond or other security to assure the violation is corrected, such bond or security may be required by the authorized enforcement official. 3. Notice and order to clean, test, or abate. Written and/or verbal orders may be issued to perform any act required by this Chapter. 4. Public nuisance abatement. Violations of this Chapter are deemed a threat to public health, safety, and welfare; and constitute a public nuisance. If actions ordered under subsections 14.22.200 (A) (2) and (3) are not' performed, the authorized enforcement official may abate any public nuisance pursuant to the National City Municipal Code. City costs for pollution detection and abatement, if not paid in full by the discharger in addition to any other penalties, may be made a lien against the property in accordance with the abatement procedure. 5. Stop Work Orders. Whenever any work is being done contrary to the provisions of this Chapter, or other laws implemented through enforcement of this Chapter, an authorized enforcement official may order the work stopped by notice in writing in accordance with Section 1.12.030 served on any person engaged in the doing or causing such work to be done, and any such person shall immediately stop such work until authorized by the authorized enforcement official to proceed with the work. 2004 Ordinance 33 Titles 7, 14 and 15 6. Permit suspension or revocation. Violations of this Chapter may be grounds for permit and/or other City license suspension or revocation in accordance with National City Municipal Code. B. Judicial authorities. 1. Civil penalties and remedies. The City Attorney is hereby authorized to file criminal and civil actions to enforce this Chapter and to seek civil penalties and/or other remedies as provided in this Section and in Section 14.22.220 of this Chapter. There is no requirement that administrative enforcement procedures be pursued before such actions are filed. 2. Injunctive relief. The City may enforce compliance with this Chapter by judicial action for injunctive relief. 3. Arrest or issue citations. The assistance of a peace officer may be enlisted to arrest violators as provided in Califomia Penal Code, and/or a citation and notice to appear as prescribed in the Penal Code, including Section 853.6, may be issued. There is no requirement that administrative enforcement remedies be used before such actions are taken. The immunities prescribed in Section 836.5 of the Penal Code are applicable to authorized enforcement officials acting in the course and scope of their employment pursuant to this Chapter. 14.22.210 Other acts and omissions that are violations. In addition to the violations 2 identified in Sections 14.22.010 through 14.22.200 of this Chapter, the following 'acts and omissions are violations of this Chapter, whether committed by a discharger or by another person or entity: A. Causing, permitting, aiding, or abetting non-compliance. Causing, permitting, aiding, or abetting non-compliance with any part of this Chapter constitutes a violation of this Chapter. B. Concealment, misrepresentation and false statements. Any falsification or misrepresentation made to the City conceming compliance with this Chapter, including any misrepresentation in a voluntary disclosure, any submission of a report that omits required material facts without disclosing such omission, and any withholding of information required to be submitted by or pursuant to this Chapter in order to delay City enforcement action, is a violation of this Chapter. Concealing a violation of this Chapter is a violation of this Chapter. C. Failure to promptly correct non-compliance. Violations of this Chapter must be corrected within the time period specified by an authorized enforcement official. Each day (or part thereof) in excess of that period during which action necessary to correct a violation is not initiated and diligently pursued is a separate violation of this Chapter. D. City permits and SWPPPs. Any failure to conform to an applicable SWPPP prepared pursuant to this Chapter; any failure to comply with storm water -related provisions of a City -issued grading permit or grading plan prepared to secure such a permit; and any failure to comply with storm water related provisions in any other City permit or approval, is also a violation of this Chapter. For purposes of this Chapter a permit provision or condition of approval is "storm water -related" if compliance with the provision or condition would have the effect of preventing or reducing contamination of storm water or of moderating run-off flows rates or velocities, 2004 Ordinance 34 Titles 7, 14 and 15 whether or not the provision or condition was initially imposed to promote those outcomes. 14.22.220 Penalties. A. Administrative penalties. Administrative penalties may be imposed pursuant to the National City Municipal Code. Any later -enacted administrative penalty provision in the Code shall also be applicable to violations of this Chapter, unless otherwise provided therein. B. Misdemeanor penalties. Non-compliance with any part of this Chapter may be charged as a misdemeanor and may be enforced and punished as prescribed in the Penal Code and Government Code of the State of California, and the National City Municipal Code. C. Penalties for infractions. Any violation of this Chapter may be charged as an infraction at the discretion of the prosecutor. Infractions may be abated as a nuisance or enforced and punished as prescribed in this Code, Penal Code and Govemment Code of the State of Califomia. D. For civil actions. In addition to other penalties and remedies permitted in this Chapter, a violation of this Chapter may result in the filing of a civil action by the City. Except where a maximum monetary amount is specified, the following may also be awarded without monetary limitations in any civil action: • Injunctive relief; • Costs to investigate, inspect, monitor, survey, or litigate; • Costs to place or remove soils or erosion control materials, costs to correct any violation, and costs to restore environmental damage or to end any other adverse effects of a violation; • Compensatory damages for losses to the City or any other plaintiff caused by violations; and/or restitution to third parties for losses caused by violations; • Civil Penalties; • Reasonable attorney fees; and • Fines assessed against the City by the RWQCB. As part of a civil action filed by the City to enforce provisions of this Chapter, a court may assess a maximum civil penalty of $2500 per violation of this Chapter for each day during which any violation of any provision of this Chapter is committed, continued, permitted or maintained by such person(s). In determining the amount of any civil liability to be imposed pursuant to this Chapter, the court shall take into consideration the nature, circumstances, extent, and gravity of the violation or violations, whether any discharge caused the violation is susceptible to cleanup or abatement, and, with respect to the violator, the ability to pay, the effect on ability to continue in business, any voluntary cleanup efforts undertaken, any prior history of violations, the degree of culpability, economic savings, if any resulting from the violation, an such other matters as justice may require. E. Penalties and remedies not exclusive. Penalties and remedies under this section may- be cumulative and in addition to other administrative, civil or criminal remedies. 2004 Ordinance 35 Titles 7, 14 and 15 14.22.230 Restrictions and conditions on issuance of ministerial and discretionary development permits. All development permits issued by city departments shall be subject to review and compliance with SUSMP and best management practices for stormwater management. The city engineer may require conditions for SUSMP compliance for development permit issuance, and no permit shall be issued by any department or city agency without those conditions being incorporated into the permit. Conditions which may be required for new construction, alterations to existing structures, land grading or excavation may include, but shall not be limited to the following: a. Installation of rain gutters, brow ditches, curbing and berms; b. Drainage flow, flow redirection and directional flow control; c. Installation of French drains; d. Installation of clarifiers, filters or liquid traps; e. Installation of reservoirs, holding and settling tanks or filtration systems; f. Maintenance and monitoring programs and adequate funding for required systems and programs; g. Payment of program compliance monitoring fees; h. Any other requirements as may reasonably and rationally relate to meeting SUSMP objectives and requirements. This authority shall also include the right to require monitoring and compliance programs on each project to be guaranteed by adequate security and servitudes or conditions running with the land on which the project is located to be recorded with the County recorder. If an off -site system is used, appropriate easements shall be required to be obtained and recorded against that site to ensure the maintenance and inspection of any required system and its installed facilities on the project site. 4 Section 4. That Title 15, Chapter 15.70, is amended to read as follows: Sections: 15.70.010 15.70.020 15.70.030 15.70.040 15.70.045 15.70.050 15.70.060 15.70.070 15.70.080 Title 15 BUILDINGS AND CONSTRUCTION Chapter 15.70 GRADING Adoption of Appendix Chapter 33 of the 1998 California Building Code, as amended Section 3304 amended —Purpose Section 3305 amended —Scope Section 3306.2 amended —Exempted work Hazards and safety precautions Section 3308 amended —definitions Section 3309.4 and 3309.8 Amended —Grading and retaining wall permit requirements and sections 3309.10 and 3309.11 added Section 3310 amended —Grading fees Sections 3315.6, 3315.7 and 3315.8 added —Drainage and terracing 2004 Ordinance 36 Titles 7, 14 and 15 15.70.085 15.70.090 15.70.100 15.70.110 15.70.120 15.70.130 Erosion control Section 33.17.9 added —Grading inspection/retaining wall Inspection Section 3318.2 amended —completion of work Supplementary section 3319 added —Rough grading permit Supplementary section 3320 added —Parking Tots Violation a misdemeanor 15.70.010 Adoption of Appendix Chapter 33 of the 1998 Califomia Building Code, as amended. There is adopted by the city council for the purpose of prescribing regulations governing the excavation and grading on private property, and the issuance of permits and providing for the inspection thereof, Appendix Chapter 33 of the 1998 Califomia Building Code, Published by the International Conference of Building Officials, subject to the amendments and modifications set forth in this chapter. (Also referred to as the "California Building Code"). A copy of this adopted code is on file in the office of the city engineer. 15.70.020 Section 3304 amended --Purpose. Section 3304 of the California Building Code is amended to read: 3304. Purpose. The purpose of this ordinance is to safeguard life, limb, property, and the public welfare by regulating grading and other earthwork activities, or by controlling existing fills and excavations, and the construction of retaining walls, drainage facilities on private property and to ensure that soil erosion, sedimentation, and storm water runoff are regulated to reduce, to the Maximum Extent Practicable, Pollutants entering the Storm Water Conveyance System and Waters of the State to protect water quality. 15.70.030 Section 3305 amended --Scope. The first paragraph of Section 3305 of the California Building Code is amended to read: 3305. Scope. This ordinance sets forth rules and regulations to control excavation, grading, drainage, earthwork construction, including fills and embankments, and retaining wall construction; establishes the administrative procedure for issuance of permits; and provides for approval of plans and inspection of grading and retaining wall construction. 15.70.040 Section 3306.2 amended --Exempted work. A. The following amendment is made to Section 3306.2 of the California Building Code, to amend item 6 to read: 6. Mining, quarrying, excavating, processing or stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous 2004 Ordinance 37 Titles 7, 14 and 15 property, excepting the dumping and stockpiling of dirt and rubble, which is strictly prohibited in National City. B. The following paragraph number 10 is added to Section 3306.2 of the California Building Code to read: 10. A retaining wall Tess than or equal to three (3) feet in height measured from the top of the footing to the top of the wall, when no surcharge is present, the backfill is level, and when not an integral part of a building. However, the construction of the retaining wall shall comply with the Regional Standard Drawings. 15.70.045 Hazards and safety precautions. Section 3307 of Appendix Chapter 33, 1998 California Building Code, 1998 Edition, adopted by reference in Section 15.70.010 is amended to add the following paragraphs: If, at any stage of work, the City Engineer determines that authorized grading is likely to endanger any public or private property or result in the deposition of debris on any public way or interfere with any existing drainage course, the City Engineer may specify and require reasonable safety precautions to avoid the danger. The Permittee shall ber responsible for removing excess soil and debris deposited upon adjacent and downstream public .or private property resulting from Permittee's grading operations. Soil and debris shall be removed and damage to adjacent and downstream property repaired as directed by the City Engineer. Erosion and siltation control shall require temporary or permanent siltation basins, energy dissipaters, or other measures as field conditions warrant, whether or not such measures are a part of approved plans. Cost associated with any work outlined in this section shall be incurred by the Permittee. The City Engineer shall not issue a grading permit in any case where the City Engineer finds that the work, as proposed by the applicant, will damage any private or public property, or interfere with any existing drainage course in a manner which may cause damage to any adjacent property, or result in the depositing of debris on any public way, or create an unreasonable hazard to person or property, or cause or contribute to an exceedance of state water quality objectives, or fail to reduce pollutants from the site to the Maximum Extent Practicable." 15.70.050 Section 3308 of the California Building Code amended —Definitions. The following shall be supplementary to, or modify certain definitions given in the California Building Code in Section 3308. All other definitions listed in the California Building Code shall remain applicable: APPROVAL - The term "approval" does not constitute certification of the project as a whole in terms of completeness, accuracy, design and construction standards, as shown on the plans. 2004 Ordinance 38 Titles 7, 14 and 15 BEST MANAGEMENT PRACTICES - Means schedules of activities, pollution treatment practices or devices, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants directly or indirectly to Storm Water, Receiving Waters, or the Storm Water Conveyance System. Best Management Practices also include but are not limited to treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. Best Management Practices may include any type of pollution prevention and pollution control measure that can help to achieve compliance with this Chapter. BMPs may include any type of pollution prevention and pollution control measure, which the City Engineer finds, is necessary to reduce pollutants entering the Waters of the State to the Maximum Extent Practicable. BUILDING OFFICIAL - Means the City Engineer. CIVIL ENGINEER - Is a professional engineer registered in the state to practice in the field of civil works. He or she is the person directly responsible for the project design, plan certification, and construction supervision. DRAINAGE PLAN - A plan which shows existing and proposed site drainage within a property that is to be developed or rough graded. The drainage plan shall be prepared by a Registered Civil Engineer, an Architect, or other qualified and licensed professionals, and shall comply with the standards and requirements of the City Engineers If, for a given development, no grading is proposed, or the earthwork quantity involved in the grading is below the established limit of this ordinance, and for which a grading plan is not required, then as a minimum, a drainage plan shall be submitted for the development. EROSION CONTROL PLAN - Is a plan prepared under the direction of and signed by a Civil Engineer competent in the preparation of such plans and knowledgeable about current erosion control methods. The plan shall provide for protection of exposed soils, prevention of discharge of sediment, and desiltation of runoff at frequent intervals along flowage areas, at entrances to storm drains, at entrances to streets and driveways, and at the exit of the area being graded. EROSION CONTROL SYSTEM - Means any combinations of desilting facilities, retarding basins, flow decelerates, and/or erosion protection (including effective planning and the maintenance thereof) to protect the project site, adjacent private property, watercourses, public facilities, graded improvements, existing natural facilities, archaeological artifacts, and relieve waters of suspended sediments or debris prior to discharge from the site. GRADE - Means the vertical location of the ground surface, in relation to a National City benchmark elevation. MAXIMUM EXTENT PRACTICABLE OR MEP - Means the standard established by Congress in Clean Water Act section 402(p)(3)(B)(iii) that municipal dischargers of Storm Water must meet. MEP is an acceptability standard for Best Management Practices based on a level of pollutant reduction that can be achieved by the most effective set of BMPs that can be implemented and still remain practicable; MEP generally emphasizes pollution prevention and source control BMPs as the first line of defense in combination with treatment methods as a backup. 2004 Ordinance 39 Titles 7, 14 and 15 PERMITTEE - Means any person, corporation, partnership, limited liability company, non-profit entity, joint venture, association of any type, public entity or any other legal entity which submits an application for a permit pursuant to this Chapter. POLLUTANT - Means any agent that may cause or contribute to the degradation of water quality, including, but not limited to, Earth Materials. RAINY SEASON - Means the period beginning October 1st and ending April 30th in the next calendar year. The remainder of the year is the Dry Season. RETAINING WALL PLAN - A plan prepared by a registered Civil Engineer, an architect, or other qualified professional, which shows pertinent top and bottom of wall elevations and the wall profile, together with the existing and proposed ground elevations and profile at the wall. The plan shall be prepared in accordance with the requirements set forth by the City Engineer, and shall be subject to approval by the City Engineer. The plan shall be required for walls in excess of 3 feet in height, measured from the top of the footing, to the top of the wall, and for walls Tess than or equal to three feet (3') in height measured from the top of the footing, to the top of the wall, supporting a surcharge or a sloped backfill. The retaining walls shall be in accordance with the Regional Standard Drawings, and the Standard Specifications, or shall be specially engineered. STORM WATER CONVEYANCE SYSTEM - Means private and public drainage facilities within the City of National City by which Storm Water may be conveyed to Waters of the United States, including but not limited to, streets, roads, catch basins, natural and artificial channels, natural and artificial drainage features, aqueducts, canyons, stream beds, gullies, curbs, gutters, ditches, and storm drains. Historic and current development makes use of natural drainage patterns and features as conveyances for urban runoff. Urban streams used in this manner are part of the Storm Water Conveyance System regardless of whether they are natural, man-made, or partially modified features. WATERS OF THE STATE - Means any water, surface or underground, including saline waters within the boundaries of California. The definition of the 'Waters of the State" is broader than that for the 'Waters of the United States" in that all water in the State is considered to be a 'Waters of the State" regardless of circumstances or condition. Under this definition, a municipal storm sewer system (MS4) is always considered to be a 'Waters of the State". [Califomia Water Code Section 13050 (e)]. WATERS OF THE UNITED STATES - Means water subject to the regulatory jurisdiction of the United States under the Federal Clean Water Act and applicable case law. In general, this includes "navigable" waters, waters tributary to "navigable" waters, and adjacent wetlands. [40 Code of Federal Regulations section 122.2.]" 15.70.060 Sections 3309.4 and 3309.8 of the Califomia Building Code amended--Gradinq and retaining wall permit requirements and sections 3309.10 through 3309.21 added. A. The first paragraph of Section 3309.4 of the Califomia Building Code is amended to read: 3309.4. Grading and Retaining Wall Permit Requirements. Engineered Grading Requirements - Application for a grading permit shall be accompanied by a work schedule including details of the hauling 2004 Ordinance 40 Titles 7, 14 and 15 operation, size of trucks, haul route, dust and debris control measures and time and frequency of haul trips; four sets of plans and specifications; and two sets of supporting data consisting of a soils engineering report, engineering geology report (if necessary), drainage study, structural calculations, cost estimate, and other pertinent information as may be required by the City Engineer. (The remaining paragraph(s) are not changed). B. The following subsection (8) is added to Section 3309.4 of the Califomia Building Code, as additional information to be included on the plans: 8. All other relevant information listed in the plan checklists as developed by the City Engineer. C. Section 3309.8 of the California Building Code is amended to read: 3309.8 Regular Grading and Retaining Wall Construction Requirements - Each application for a grading or retaining wall permit shall be accompanied by four sets of plans and specifications, in sufficient clarity to indicate the nature and extent of the work, supporting data consisting of a soils engineering report, engineering geology report (if necessary), drainage study, structural calculations, cost estimate, and other pertinent information as required by the City Engineer. The plans shall give the location of the work, the name of the owner and the name of the person who prepared the plans. The plans shall be prepared and signed by a registered Civil Engineer when required by the City Engineer, and shall include the following information: 1. General vicinity of the proposed site. 2. Limiting dimensions and depth of cut and fill. 3. Location of any buildings or structures where work is to be performed, and the location of any buildings or structures within 15 feet of the proposed grading. 4. All other relevant information listed in the plan checklists as developed by the City Engineer. D. The following subsections 3309.10 through 3309.21 are added to the California Building Code: 3309.10. License and Insurance - Prior to the issuance of a permit, the applicant or the applicant's contractor shall present to the City Engineer evidence of the following: I. Coverage of general liability insurance and worker's compensation in the amounts required by the City Engineer. Such insurance policy shall name the City of National City and its officers, agents and employees as additional insured. II. City Business License, to be obtained from the City Revenue and Recovery Coordinator. 2004 Ordinance 41 Titles 7, 14 and 15 III. Appropriate State Contractor License 3309.11. All grading, drainage, and retaining wall work done under this ordinance shall be in accordance with the approved plans and the conditions of the required permits. The work shall conform to the Standards of the City of National City, the County of San Diego Regional Standard Drawings (latest adopted edition), the Standard Specifications. for Public Works Construction (latest adopted edition), and any other conditions as may be determined by the City Engineer to be applicable to the work. Deviations from the requirements of these standards may be permitted by the City Engineer, based upon written reports and recommendations by qualified authorities. 3309.12 Standard Condition for Water Quality. It shall be a condition of every permit issued under this Chapter that the Permittee shall comply with all the provisions of the City of National City Watercourse Protection, Storm Water Management and Discharge Control Ordinance in Chapter 14.22 of this Code." 3309.13 Minimum BMPs. The BMPs required by the City of National City Storm Water Best Management Practices Manual adopted in this Municipal Code shall be the minimum BMPs required for issuance of a grading permit and additional BMPs may be required by the City Engineer as a condition of issuance of the grading permit. 3309.14 Grading Plan Requirements. All grading plans, regardless of the date of submittal, shall include an erosion control plan designed to limit erosion of all disturbed portions of the property and ,to eliminate the transport of soil onto adjacent properties or into streets, storm drains, or drainage ways. 3309.15 Erosion Control Required. A. Plans for an erosion control system shall be prepared and submitted for the review and approval of the City Engineer as a part of any application for a grading permit. The erosion control system shall comply with the requirements of the latest National Pollutant Discharge Elimination System permit and Chapter 14.22 of this Code to satisfy the requirements for erosion control and eliminate the discharge of sediment and pollutants. The erosion control plan shall include, but not be limited to, the following information: 1. Name, address, and a twenty -four-hour phone number of the owner or responsible party, and the person or contractor responsible for installing and maintaining the erosion control system and performing emergency erosion control work; 2. The name, address and signature of the Civil Engineer or person who prepared the plan; 2004 Ordinance 42 Titles 7, 14 and 15 3. All desilting basins, debris basins, silt traps, and other desilting, velocity retarding and protection facilities necessary to adequately protect the site and downstream properties from erosion and its effects, preserve natural hydrologic features, and preserve riparian buffers and corridors; 4. The streets, easements, drains, and other improvements; 5. The location and placement of gravel bags, diverters, check dams, slope planting, drains, and other erosion controlling devices and measures; 6. Access routes to all such erosion control facilities and how access shall be maintained during inclement weather. B. Erosion control system standards shall be as follows: 1. The faces of cut -and -fill slopes and the project site shall be prepared and maintained to control against erosion. Where cut slopes are not subject to erosion due to the erosion -resistant character of the materials, such protection may be omitted upon approval of the City Engineer. 2. Where necessary, temporary and/or permanent erosion control devices such as desilting basins, check dams, cribbing, riprap, or other devices or methods as approved by the City Engineer, shall be employed to control erosion, prevent discharge of sediment, and provide safety. 3. Temporary desilting basins constructed of compacted earth shall be compacted to a relative compaction of ninety percent of maximum density. A gravel bag or plastic spillway must be installed for overflow, as designed by the engineer of work, to avoid failure of tie earthen dam. A soils engineering report prepared by the Soils Engineer, including the type of field-testing performed, location and results of testing shall be submitted to the City Engineer for approval upon completion of the desilting basins. 4. Desilting facilities shall be provided at drainage outlets from the graded site, and shall be designed to provide a desilting capacity capable of containing the anticipated runoff for a period of time adequate to allow reasonable settlement of suspended particles. 5. Desilting basins shall be constructed around the perimeter of projects, whenever feasible, and shall provide improved maintenance access from paved roads during wet weather. Grading cost estimates must include maintenance and ultimate removal costs for temporary desilting basins. 6. The erosion control provisions shall take into account drainage patterns during the current and future phases of grading. 7. All removable protective devices shown shall be in place at the end of each working day when there is a fifty percent chance of rain within a forty-eight hour period. If the Permittee does not provide the required installation or maintenance of erosion control structures within two hours of notification at the twenty-four hour number on the plans, the 2004 Ordinance 43 Titles 7, 14 and 15 City Engineer may order City crews to do the work or may issue contracts for such work and charge the cost of this work along with reasonable overhead charges to the cash deposits or other instruments implemented for this work without further notification to the owner. No additional work on the project except erosion control work may be performed until the Permittee restores the full amount drawn from the deposit. 8. At any time of year, an inactive site shall be fully protected from erosion and discharges of sediment. Flat areas with less than five percent grade shall be fully covered unless sediment control is provided through desiltation basins at all project discharge points. A site is considered inactive if construction activities have ceased for a period of ten or more consecutive days. C. No grafting shall be allowed from October 1s` through the following April 30th on any site if the City Engineer determines that erosion, mudflow or sediment of silt discharge may adversely affect water quality, downstream properties, drainage courses, storm drains, streets, easements, or public or private facilities or improvements unless an approved erosion control system has been implemented on the site. If the City determines that it is necessary for the City to cause erosion control measures to be installed or cleanup to be done, the Permittee shall pay all of r the City's direct and indirect costs including extra inspection, supervision, and reasonable overhead charges. 3309.16 Preservation of Natural Hydrologic Features, Riparian Buffers and Corridors. All natural hydrologic features and riparian buffer zones and corridors must be preservedto eliminate or minimize runoff from construction sites. 4 3309.17 Phased Grading. Grading shall be phased whenever the City Engineer finds that phasing is feasible and necessary to protect the Waters of the State. Areas that are cleared and graded shall be minimized to only portions of the site that are necessary for construction, and the exposure time of disturbed soil areas shall be minimized. 3309.18 Establishment of Permanent Vegetation. A. General. The face of all cut and fill slopes, in excess of three feet (3') in vertical height, but only final slopes of any borrow pit, shall be planted and maintained with a ground cover or other planting to protect the slopes against erosion and instability. Planting shall commence as soon as slopes are completed on any portion of the site and shall be established upon all slopes prior to the final approval of the grading. In order to minimize the period during which a cut or filled surface remains exposed, such planting shall provide for rapid short-term coverage of the slope as well as long-term permanent coverage. Planting materials and procedures shall conform to regulations adopted by the City Engineer. The City Engineer may approve other plant materials as 2004 Ordinance 44 Titles 7, 14 and 15 specified by a landscape architect. The Permittee shall maintain such planting until it is well established as determined by the City Engineer. B. Minimum Requirements. In addition to planting with ground cover, slopes in excess of fifteen (15) feet in vertical height shall be planted with shrubs in 2-1/4 inch pots or trees having a one (1) gallon minimum size at ten (10) feet on center in both directions on the slope. The City Engineer may vary the plant and planting pattern, but not the quantity, upon the recommendation of landscape architect and approval. C. Where cut slopes are not subject to erosion due to their rocky character or where the slopes are protected with pneumatically applied concrete mortar or otherwise treated to protect against erosion and instability to the satisfaction of the City Engineer, the requirement of this subsection may be waived by the City Engineer. D. The City Engineer may require the applicant to temporarily stabilize and reseed disturbed soil areas to protect the Waters of the State. If grass or ground cover is not established by the beginning of the wet season, temporary erosion control measures such as erosion control mats or blankets shall be installed on the slopes. If grass or ground cover is not established by the beginning of the wet season, temporary erosion control measures such as erosion control mats or blankets shall be installed on the slopes. 3309.19 Irrigation System Requirements. A. General. Except for agricultural grading permits, all slopes to be constructed, but only final slopes of any borrow pit, shall be provided with an irrigation system which shall be used by the Permittee to promote the growth of plants to protect the slopes against erosion. The Permittee shall be responsible for installation and maintenance of the irrigation system until the City Engineer determines that the system has been properly installed and meets the minimum requirements of this section. When the City Engineer finds that a slope less than fifteen (15) feet in height is located in an area as to make hand watering possible, conveniently located hose bibs may be accepted in lieu of the required irrigation system when a hose no longer than fifty (50) feet would be required. B. Minimum Requirements: (1) Plans for the irrigation system shall be in accordance with San Diego Regional Standard Specifications for Sprinkler Irrigation Systems and shall be approved by the National City, City Engineer prior to installation. (2) The irrigation system shall be located relative to existing and proposed property lines to insure that the irrigation system and the slopes sprinkled thereby will both be within the same property boundaries. The irrigation system shall be supplied or be readily converted so as to be supplied through the metered water service line serving each individual property. (3) The irrigation system shall provide uniform coverage for the slope area at a rate of not less than 0.03 inches per hour, nor greater than 0.30 inches per hour. A functional test of the irrigation systems shall be performed to the satisfaction of the City 2004 Ordinance 45 Titles 7, 14 and 15 Engineer prior to final approval of the grading. (4) A check valve and balance cock shall be installed in the system where drainage from sprinkler heads will create an erosion problem. (5) Adequate back flow protection devices shall be installed in each irrigation system. Such devices shall be protected against physical damage during construction operations. 3309.20 Waiver of Planting and Irrigation Requirements. The City Engineer may modify or waive the requirements for planting and/or irrigation systems if he/she finds that said requirements would be unreasonable or unnecessary for any of the following reasons: (a) the area is subject to periodic inundation, or (b) water is unavailable to the area such that irrigatjon would be impractical or impossible, or (c) the area is naturally devoid of vegetation. 3309.21 General Construction Permit Requirements. A. Notice of Intent. Permittees required to comply with the State Construction General Storm Water Permit shall maintain on site and make available for inspection on request by the City any state -issued Waste Discharge Identification Number (WDID) for the site, and a copy of th9 Notice of Intent (NOI) filed with the State Water Resources Control Board (SWRCB) pursuant to that permit. B. Storm Water Pollution Prevention Plan. Permittees required to prepare a SWPPP under the State General Construction Storm Water Permit must prepare the Plan, implement the Plan and maintain it at the site, readily available for review. Failure to comply with an applicable state -required SWPPP is a violation of this Chapter. { C. Facility Monitoring. Permittees required to conduct monitoring under the State Construction General Storm Water Permit must conduct such monitoring in conformance with requirements specified by the State, retain records of such monitoring on site, and make such records available for inspection by the City Engineer." 15.70.070 Section 3310 of the California Building Code amended —Grading fees. In lieu of the fee schedule outlined in the California Building Code, the plan review and permit fees shall be assessed in accordance with City Ordinance No. 1929 and the National City Fee Schedule. 15.70.080 Sections 3315.6, 3315.7 and 3315.8 added to the Califomia Building Code —Drainage and terracing. The following Sections 3315.6, 3315.7 and 3315.8 are added to the California Building Code to read: 3315.6 Surface Run-off Interception. Surface run-off from new landscaping areas shall be intercepted by and directed to approved drainage facilities. 2004 Ordinance 46 Titles 7, 14 and 15 3315.7 Easements and Encumbrances. For all private water courses where the continuous functioning of the drainageway is essential to the protection and use of multiple properties, a covenant, a maintenance agreement and/or deed restriction shall be recorded by the applicant, placing the responsibility for the maintenance of the drainageway(s) on the owners of record of each respective lot affected. Permanent off -site drainage easements, as required by the City Engineer, shall be acquired by the applicant. Such easements shall be subject to approval by the City Engineer and recorded prior to issuance of the grading permit. 3315.8 Drainage Agreements. Surface runoff shall not be permitted to flow from one lot to another, unless proper drainage agreements between affected property owners are executed and submitted to the City Engineer. Such agreements shall be subject to approval by the City Engineer, and recorded prior to issuance of the grading permit. 15.70.085 Erosion control. Section 3316 of Appendix Chapter 33, 1998 Califomia Building Code, 1998 Edition, adopted by reference in Section 15.70.010 is amendedr>to add the following subsections pertaining to erosion control: 3316.3 Erosion Prevention. A. General. Permittee shall implement the following minimum erosion prevention methods to minimize the erosion potential: 1. If feasible, Permittee shall grade only during the dry season, especially in areas at high risk for erosion. 2. Permittee shall minimize the length of time that soils are left exposed to elements of wind and water; 3. If grading must occur during the rainy season, the total area of exposed soil shall be reduced during the rainy season; 4. Critical areas, such as drainage channels, streams, and natural watercourses shall be properly protected; 5. Exposed areas shall be stabilized as quickly as feasible; 6. Sufficient waste disposal facilities shall be provided for all proposed activities; 7. Sufficient storage facilities shall be provided for all materials and equipment; 8. Permittee shall ensure that materials used for erosion and sediment control are on site at all times during the rainy season. 9. All slopes shall be protected against erosion and any unstable slopes shall be stabilized. 10. Erosion prevention shall be considered the most important erosion control measure with sediment controls as a backup. B. Dry Season (May 1 through September 30). 2004 Ordinance 47 Titles 7, 14 and 15 1. All exposed disturbed areas must have erosion prevention controls properly installed including building pads, unfinished roads and slopes. Slopes greater than 33.3% or 1:3 (vertical vs. horizontal) may use properly designed and installed de -silting basins at all discharge points in lieu of this requirement. 2. Adequate perimeter protection BMPs must be installed and maintained. 3. Adequate sediment control BMPs must be installed and maintained. 4. Adequate BMPs designed to control off -site sediment tracking must be installed and maintained. 5. At a minimum, 125% of the materials needed to install standby BMPs necessary to completely protect exposed portions of the site from erosion and prevent sediment discharges must be stored on the site. 6. An approved "weather triggered" response plan is mandated for implementation in the event that a predicted storm event has a 50% chance of rain. The proponent must have the capacity to deploy the standby BMPs within 48 hours of the predicted storm event. 7. All slopes must be equipped with erosion prevention BMPs as soon as slopes are completed for any portion of the site. 8. Cleared or graded areas left exposed at any given time are limited to the amount of acreage that the project proponent can adequately protect prior to a predicted storm event. C. Wet Season (October 1 through April 30). In addition to the Dry Season Requirements: 1. Perimeter protection and sediment control BMPs must be upgraded if necessary to provide sufficient protection for storms. 2. Adequate erosion prevention BMPs must be installed and established for all completed slopes prior to October 1 and maintained throughout the wet season. If a BMP fails, it must be repaired, improved, or replaced with an acceptable alternate as soon as it is safe to do so. 3. The amount of exposed soil allowed at one time shall not exceed standby erosion and sediment control BMP capacity. 4. An incomplete disturbed area that as not being actively graded must be fully protected from erosion if left for 10 days or more. 3316.4 BMP Maintenance. All BMPs for erosion prevention and sediment control shall be functional at all times. Prior to the rainy season and after each major storm, all source control and structural treatment BMPs shall be inspected by the Permittee to assure the functionality and effectiveness. Proper BMP maintenance shall be conducted throughout the life of the project." 2004 Ordinance 48 Titles 7, 14 and 15 15.70.090 Section 3317.9 added to the California Building Code --Grading inspection/retaininq wall inspection. In addition to the conditions listed in Section 3317 of the California Building Code, the following is added as Section 3317.9 to the California Building Code to read: 3317.9 The Permittee or his agent shall notify the City Engineer: (A) Initial inspection (preconstruction conference) - when he is ready to begin grading and not less than forty-eight (48) hours before any grading is to be commenced. The preconstruction meeting shall be attended by the owner of the property, the soils engineer and the engineering geologist (when necessary) the design engineer, the grading contractor, and the building and engineer inspectors. (B) Toe of `fill inspection - After the natural ground is exposed and prepared to receive fill, but before any fill is placed. (C) Excavation Inspection - After excavation and placement is started, but before the vertical depth of the excavation exceeds 10 feet. (D) Fill Inspection - After fill and placement is started, but before the vertical height of the lifts exceeds 10 feet. (E) Drainage Device Inspection - Before and after forms and reinforcement are in place, but before any concrete is placed (F) Rough Grading - Upon completion of all rough grading, including installation of all drainage structures and other protective devices, at least twenty-four hours before inspection is to be made. (G) Final Inspection - Upon completion and approval by the project Civil Engineer and Soils Engineer of all work shown on the plans and the permit including the installation of all drainage or other structures. In addition to the above, inspections for retaining walls shall be per the San Diego County Regional Standard Drawings or special Engineering. (H) Modification of approved plans - if changes are to be made in the approved plans during construction, the applicant, or his agent, shall submit an engineering change order to the inspector or to the City Engineer, for review and approval. 15.70.100 Section 3318.2 of California Building Cade amended --Completion of work. Subsection 3318.2 of the California Building Code is amended to read: 3318.2. Completion of Work. Final approval shall not be given, grading securities shall not be released, and a notice of completion or certificate of use and occupancy shall not be issued, until all work, including installation of all drainage facilities and their protective devices, and all erosion -control measures have been completed in accordance with the final approved grading plan, and the required reports and the as -built plans have been submitted. 2004 Ordinance 49 Titles 7, 14 and 15 15.70.110 Supplementary Section 3319 added to the California Building Code --Rough grading permit. Supplementary Section 3319 is added to the California Building Code, to read: 3319. Rough Grading Permit. When grading is to be performed on a property for which no prior site development plans have been approved, and on which no other construction is proposed, the applicant shall obtain special approval of the City Engineer, as well as the Director of the Planning Department for such grading. The rough -grading permit thus issued shall be subject to the special requirements of both the City Engineer and the Planning Director. 15.70.120 Supplementary Section 3320 added to the California Building Code --Parking Tots. Supplementary Section 3320 is added to the Califomia Building Code, to read: 3320. Parking Lots. Existing or new parking Tots, which are exempted from the requirements of a grading permit, shall be paved or resurfaced in accordance with an approved drainage plan. 15.70.130 Violation a misdemeanor. Section 3307 of the Califomia Building Code is amended. Section 3307 of Appendix Chapter 33, 1998 California Building Code, 1998 Edition, adopted by , reference in Section 15.70.010 is amended to add the following paragraph: Any person who commences or does any grading in violation of this Chapter is guilty of a misdemeanor. Every day that a violation of this Chapter is committed, continued or permitted to exist is a separate violation, punishable as provided in this Code." Section 5. This ordinance shall be effective 30 days after its adoption. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published in the local newspaper in accordance with law. PASSED and ADOPTED this day of 2004. Nick Inzunza, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. iser, Ill, City Attorney 2004 Ordinance 50 Titles 7, 14 and 15 Csty City, Caiatow CCUNC1 AGE DA STATEMENT #REFER TO ITEM #18 1EETING GAT July 20, 2004 AGENDA DA ITEM NO 24 ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ORDERING THE SUBMISSION OF A PROPOSITION OF INCURRING BONDED DEBT FOR THE PURPOSE OF THE ACQUISITION AND CONSTRUCTION OF NEW PUBLIC SAFETY FACILITIES AND THE MODERNIZATION OF EXISTING PUBLIC SAFETY FACILITIES TO THE QUALIFIED VOTERS OF THE CITY OF NATIONAL CITY AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 2, 2004 PREPARED SY DEPARTMENT George H. Eiser, III - City Attorney EXPLANATION (Ext. 4221) Adoption of the proposed ordinance is legally required to place a proposition for a General Obligation ("G.O.") Bond on the November 2, 2004 ballot. This proposition provides for the issuance of up to $12 Million in general obligation bonds to pay for the costs for acquisition and construction of new public safety facilities, as well as the modernization of existing public safety facilities. The revenue from the bonds would be used to build a combined fire and police public safety facility in the eastern part of the City, build a third fire station, remodel the existing fire station, and establish store front police facilities. The proposed resolution must be adopted by a 2/3 vote of the Council to initiate the election at which the proposition will be considered. It must then be approved by 2/3 of the voters voting on the proposition. Environmental Review X N/A Financial Statement Sufficient funds are available to pay costs of placing general obligation band measure on the ballot. Approved By: _ Finance Director Account No. STAFF RECOMMENDATION Approve ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS Listed Below ) Proposed ordinance Resolution No. A-200 (9;99) ORDINANCE NO. 2004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ORDERING THE SUBMISSION OF A PROPOSITION OF INCURRING BONDED DEBT FOR THE PURPOSE OF THE ACQUISITION AND CONSTRUCTION OF NEW PUBLIC SAFETY FACILITIES, AND THE MODERNIZATION OF EXISTING PUBLIC SAFETY FACILITIES, TO THE QUALIFIED VOTERS OF THE CITY OF NATIONAL CITY AT THE GENERAL MUNICIPAL ELECTION TO,BE HELD ON NOVEMBER 2, 2004 WHEREAS, on July 20, 2004, this City Council adopted, by a two-thirds vote of all the members of said Council, a Resolution entitled "A Resolution of the City Council of the City of National City Determining That the Public Interest and Necessity Demand the Acquisition, .Construction and Modernization of Certain Municipal Improvements and Their Financing Through the Issuance of General Obligation Bonds" (the "Resolution"); and r WHEREAS, in order to provide for the issuance by the City of its general obligation bonds to finance the improvements described in the Resolution, it is necessary for this Council to pass an ordinance ordering the submission of the proposition of incurring bonded indebtedness for such purpose to the qualified voters of the City at an election; and WHEREAS, a General Municipal Election for the City is to be' held on Tuesday, November 2, 2004; and WHEREAS, the City Council desires to submit to the voters at said election the proposition of incurring bonded indebtedness as hereinafter set forth. NOW, THEREFORE, BE IT ordained by the City Council of the City of National City as follows: Section 1. That the following question shall be submitted to the voters of the City at the General Municipal Election to be held on November 2, 2004: BONDS FOR PUBLIC SAFETY FACILITIES Shall the City of National City be authorized to issue general obligation bonds up to a maximum principal amount of $12 Million to acquire and construct new public safety facilities, and to modernize existing public safety facilities? Yes No Ordinance No. 2004 — Page Two Section 2. The object and purpose of incurring the indebtedness is to finance the costs of acquiring and constructing new public safety facilities, and to modernize existing public safety facilities. The foregoing improvements are referred to herein as the "Improvements". The City wishes to acquire and construct the Improvements because the present City public safety facilities are inadequate to serve the needs of the citizens of the City. Section 3. The estimated cost of the Improvements is Twelve Million Dollars ($12,000,000.00)., The estimated cost includes legal and other fees and the cost of printing the bonds and other costs and expenses incidental to or connected with the authorization, issuance and sale of bonds (collectively, the "Bond Issuance Fees and Expenses"). Section 4. The amount of the principal of the indebtedness to be incurred is not to exceed Twelve Million Dollars ($12,000,000.00). Section 5. The maximum rate of interest to be paid on the indebtedness shall beteight percent (8%) per annum. Section 6. This City Council does hereby submit to the qualified voters of the City, at said General Municipal Election, the proposition set forth in Section 1 hereof. The City proposes to acquire, construct and complete the Improvements, and to issue and sell General Obligation Bonds of the City pursuant to Article 1, commencing with Section 43600, of Chapter 4 of Division 4 of Title 4 of the California Government Code, in one or more series, in the maximum amount and for the objects and purposes set forth above, if two-thirds of all qualified voters voting on the proposition set forth above vote in favor thereof. The bonds are to be general obligations of the City, payable from and secured by taxes levied and collected in the manner prescribed by laws of the State of California. All of said bonds are to be equally and ratably secured, without priority, by the taxing power of the City. Section 7. That in all particulars not recited in this Ordinance, the election shall be held and conducted as provided by law for holding municipal elections. The election on the proposition set forth in Section 1 shall be consolidated with the general election held on November 2, 2004, and said election shall be held in all respects as if there were only one election and only one form of ballot shall be used. Section 8. Each voter to vote for the proposition and for the incurring of said indebtedness shall stamp or write a cross, or indicate by hole punch or other means, in the blank space opposite the word "YES" on the ballot below the proposition; and each voter to vote against the proposition and against the incurring of the indebtedness shall stamp or write a cross, or indicate by hole punch or other means, in the blank space opposite the word "NO" on the ballot below the proposition. Ordinance No. 2004 — Page Three Section 9. Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election, in the time, form, and manner required by law. Section 10. This Ordinance shall be published once a day for at least seven days in a newspaper printed, published and circulated at least six days sand a week in the City, or once a week for two weeks in a newspaper printed, published less than six days a week in the City. The first of said publications shall, in either event, be within fifteen (15) days after the adoption of this ordinance. The City Clerk is hereby authorized and' directed to make said publications and to transmit, for receipt no later than August 4, 2004, a certified copy of this Ordinance to the Board of Supervisors of San Diego County, and a copy with the County Clerk of San Diego County and to any other appropriate official of San Diego County responsible for preparing the ballots for said election. Section 11. This Ordinance shall become effective immediately upon its adoption by two-thirds vote of all the members of this City Council. PASSED and ADOPTED this day of , 2004. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: 4 George H. iser, III City Attorney MEETING DATE July 20, 2004 City of National City, California COUNCIL AGENDA STATEMENT OLD BUSINESS AGENDA ITEM NO. 25 ITEM TITLE CONSIDERATION OF TAXICAB LICENSING AND REGULATIONS PREPARED BY George H. Eiser, III EXPLANATION (Ext. 4221) DEPARTMENT City Attorney Since early this year, the City Council has studied the possibility of returning the licensing and regulation of taxicabs to the City from MTDB. At the June 1 City Council meeting, the Council authorized the extension of the agreement with MTDB to perform these functions until September 30, 2004. At that time, the Council also directed that this subject be considered again at the end of July, at which time the Council subcommittee on this issue would report its recommendations to the full Council. ( Environmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Provide direction to staff. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. A-200 (9 9) City of National City, California COUNCIL AGENDA STATEMENT OLD BUSINESS MEETING DATE5 July 20, 2004 AGENDA ITEM NO. 26 ITEM TITLE Proposed Fiscal Year 2004-05 Resource Allocation Plan —Clarification on City Council Staffing. PREPARED BY Park Mors 336-4240 EXPLANATION. Please see attached. IAA DEPARTMENT City Manager Environmental Review ✓ N/A Financial Statement N/A Account No. N/A STAFF RECOMMENDATION Clarify resources the City Council wishes incorporated into the budget. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) N/A Resolution No. A-200 (9/80) Earlier on this evening's agenda your Honorable Body held a public hearing to listen to additional public testimony on the proposed Fiscal Year (FY) 2004-2005 Resource Allocation Plan. A separate agenda item following this one will allow you to move forward to adopt that Allocation Plan, should you be ready to do so. The purpose of this agenda item is to clarify one aspect of that Allocation Plan, City Council Staffing. Staff would suggest that regardless of the outcome on this one item, that you adopt the Allocation Plan this evening. If, because of the clarification you provide on this item, we need to make changes to the Allocation Plan, we would suggest that Staff return at a later meeting with a simple budget amendment to address those changes. At the daytime City Council Budget Workshop on June 15th, you heard the City Manager's proposal to add a full-time Sr. Office Assistant position to the Mayor and City Council budget for FY 04-05. The approx. cost is $38,356. The intent of this position was simply to provide the City Council increased clerical capability dedicated to Council needs. The thought was that using a current Council Policy, the new position would be under the direction of the Vice Mayor. The suggestion for this position came from the City Manager's Office. This position is included in the proposed Allocation Plan that you considered on the morning of June 15t. (If this position reflects your intent, the budget can be adopted without further amendment.) Later that day, at the evening.City Council meeting, you granted approval to add a full- time Community Representative position to the Mayor and City Council budget for FY 04-05. The approval was for an annual salary -only cost of up to $38,152 at top step. The intent of this position was, in some part, similar to the Sr. Office Assistant mentioned in the morning meeting but there were several new aspects that were not contemplated in the Sr. Office Assistant position, namely: attending meetings on behalf of the City and representing the City at functions. The work -up for this position came through the City Attorney's Office. This position has not yet been incorporated into the Allocation Plan appearing later on this agenda. Your approval was conditioned on: • A full-time position; • For a 12-month period; • With the position to be hired by the Council, and; • The position supervised by the Council. (If this position reflects your intent or if you believe two positions are appropriate then we would suggest adopting the Allocation Plan tonight as presented and Staff will return at a later date with a budget amendment executing your final desires.) In addition, we heard comments from Councilmembers that additional public attention was needed in our front lobby. It is unclear whether your intent was that one of the two above positions be designed to help with this. Finally, there were comments that the 070704CouncilStaffing.doc City of National City, California COUNCIL AGENDA STATEMENT OLD BUSINESS MEETING DATES July 20, 2004 AGENDA ITEM NO. 27 ITEM TITLE Resolution Adopting FY 2004-05 Resource Allocation Plan PREPARED BY Park Morse DEPARTMENT 336-4240 K A City Manager EXPLANATION On June 15, 2004, the Finance Committee for the City of National City convened to consider the City's recommended Fiscal Year 2004-05 Resource Allocation Plan as presented by the City Manager. The proposed FY 2004-05 Resource Allocation Plan was considered and modified as to recommended revenues and expenditures. Those modifications have been incorporated into the attached documents. Earlier on this evening's agenda, was a Public Hearing designed to allow for additional public comment on the proposed FY 2004-05 Resource Allocation Plan. If the City Council, having heard and evaluated that testimony, along with any additional City Council comment, is now ready to adopt the proposed FY 2004-05 Resource Allocation Plan, the attached documents are provided for you to do so. Environmental Review ✓ N/A Financial Statement Provides for a balanced Resource Allocation Plan for Fiscal Year Acco nt No. ti STAFF RECOMMENDATION Adopt Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Recap Memorandum 2. Resolution and supporting schedules A-200 (9/80) Resolution No. MEMORANDUM City Manager's Office - National City DATE: June 17, 2004 TO: Marylou FROM: Park Morse, ACM RE: TENTATIVE LIST OF CHANGES TO CITY MANAGER'S RECOMMENDED BUDGET FOR FY 04-05 CC: Honorable Mayor & City Councilmembers, Executive Group The. City Council met in the morning of June 15th to consider a recommended spending plan for the new year. Additionally, a regular council meeting was held that same evening at which several budget changes were discussed. Following is a list of what I consider the Council's direction to be regarding changes as well as corrections Staff has already identified as needing adjustment. Please review each of these and either discuss with me or incorporate into the final preliminary budget which the City Council will consider for adoption on July 6. Item # Action Description Amount(s) 1 Move Neighborhood Council — FROM Mayor and Council TO CMO. Includes 2 liaisons and the M&O budget (both the original $10,000 and the new allocation of $22,600) $10,000 $8,000 $29,008 $22,600 2 Move CPRC — FROM Mayor & Council TO CMO $50,000 3 Add CMO Acct. # 264 — Promotional: Add $1,040 to current $460. $1,500 4 Add Attomey—Add $70,000 to Contract Services to cover staff realignment during year. Will IBAR during year as Attorney and HR develop job titles and specifications. $70,000 file: CouncilTentativeBudgetChanges0405.doc Page 1 Item # Action Description Amount(s) 5 Delete Police — delete from Asset Forfeiture both listed expenditures. These had already been deleted from a previous draft and should not have been booked. $330,000 6 Delete & revise PW — Vehicle GIP: The correct number is $50,000. The printed number had already been deleted from a previous draft and should not have been booked. $162,509 7 Remove pages Clerk's pages B.6-1... are duplicative of pages B.5-5... n/a 8 Revise Council: the position allocation table shows a new full time Office Assistant. The CMO recommendation was for a Sr. Office Assistant. TBD 9 Move We budgeted increases for postage and ordinance publilcation but I attributed them to the Clerk. They should have been added to existing accounts for those purposes in Non -Departmental. $9,100 $3,200 10 Add At the evening meeting, the Council directed that the current $8,500 allocation in the FY 03-04 budget for a GEM Electric Vehicle be rolled forward to the 04-05 Vehicle account. This would join the recommended allocation of $50,000. $8,500 1 have one other matter pending and when I have it resolved I will let you know if it triggers a change to the budget document. 2 RESOLUTION NO. 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING A BUDGET FOR FISCAL YEAR 2004-05 PROVIDING FOR A COMPREHENSIVE MUNICIPAL PROGRAM OF ACTIVITIES AND PROJECTS AND APPROPRIATING FUNDS IN ACCORDANCE WITH THIS RESOLUTION FOR THE PURPOSES STATED HEREIN WHEREAS, the City Manager on June 15, 2004, submitted to the City Council a Recommended Budget for municipal activities, programs and projects for fiscal year 2004-05; said submission being in accordance with provisions of the National City Municipal Code; and WHEREAS, the City Council on June 15, 2004, heard testimony and held a workshop and discussions on the Recommended Budget for fiscal year 2004-05, said workshop being noticed and open to the public; and WHEREAS, the City Council has modified the proposed revenues and expenditures as contained in the Recommended Budget for 2004-05 as submitted by the City Manager, as identified in Exhibit "A"; and WHEREAS, to balance the Recommended Budget it is necessary to deobligate certain previously approved Capital Improvement Projects, as identified on Exhibit "B". NOW, THEREFORE, BE IT RESOLVED that the City Council of the City Of National City, after diligent study, does hereby adopt and approve a budget for fiscal year 2004-05 for municipal activities, programs and projects, including appropriations of sums of money for such purposes as designated in this Resolution. BE IT FURTHER RESOLVED that each and every Fund listed in Exhibit "C" of this Resolution is hereby created, continued, established and/or re-established, as the case may be, and each Fund shall constitute a separate and distinct accounting entity. BE IT FURTHER RESOLVED that the Controlling appropriation shall be the appropriation Total All Funds as shown in Exhibit "C" of this Resolution. Appropriations for grants-in-aid shall be modified to reflect approved contractual agreements when appropriate. Other modifications to Total All Funds of the adopted budget and appropriations contained in Exhibit "C" of this Resolution may be modified by the City Council only by a duly adopted resolution of the City Council and only providing that sufficient monies are available to finance said modification and further providing that said modification does not increase expenditures of proceeds of taxes beyond the constitutional appropriation limitation as approved for fiscal year 2004-05. 3 Resolution No. 2004 — July 20, 2004 Page Two PASSED AND ADOPTED this 20th day of July, 2004. Nick Inzunza, Mayor ATTEST: Michael Della, City Cleric APPROVED AS TO FORM: George H. Eiser, III City Attorney Preliminary Budget Council Reviewed Summary of Budget Changes Fiscal )(Par 2004,95 EXHIBIT A Department City Council City Clerk -Operations City Clerk -Records Mgmt. City Manager Revenue & Recovery Fiscal Services City Attorney Planning Personnel Non -Departmental City Treasurer Police Fire Operations Building & Safety Management Information Sys. Public Works -Engineering Public Works -Operation Public Works -Streets Recreation Street Tree Maintenance Library Parks Library Capital Outlay Emergency Preparedness Cultural Arts Fund Parks & Recreation Outlay Public Works -Sewer Asset Forfeiture General Plan Update Public works -Refuse C.I.P. Civic Center Refurbishing ---------- Landscape Reserve Fund Productivity Improvement Capital Projects Reserve Personnel Compensation CDBG CDC Contribution Park Development Fund Proposition A Local Transit Public Works -Facilities Maint. Risk Management General Services Information Systems Maint. Office ui Depreciation Equipment -- ._-- 4�P Telecomm. Revolving Fund General Accounting; Services Unemployment ment Insurance Vehicle Services GRAND TOTAL Preliminary Budget Manager Approved 665,917 152,361 139,376' 781,513 346,028 292,366 477 9651 866 050 26,855 Preliminary Budget Council Reviewed 548,365 152,969 130,276 902,734 347,244 292,319 549,085 867,307 27 483 1,144,853 1,153,953 40,7841 40,990 17,333,056 17,624,141 Budget Changes Justification - (+) or (-) (117,552);Adjust. Personnel, M&O Internal Chg 608 ;Adjust. Internal Chg. (9100)IAdjustM&O 121,221 'Adjust_ Personnel, M&O Internal Chg 1,216 Adjust Internal Chi (47)tAdjust Internal Chg_ 71,120 (Adjust M&o, Internal Chg. 1,257 Adjust Internal Chg. 628 'Adjust Internal Chg. 9,100 jAdjust M & O _ 206 !Adjust Internal Chg. 291,085 Ikkust Personnel, M&O, Internal Chc 5,903,0011 5,892,602 ; (10,399) Adlust M & O, Intemal Chg. 586,013i 587,785 1,772 !Adjust Internal Chg. 153 871; 154,489 618 "Adjust Internal Chg. 1,354 2607 1 1,370 654 ; 16,387 !Adjust Internal Chg. J_._.. - 1,705,586j 1,692,463 ; (13,123)IAdjust Internal Chg. 1,299,085i 1.302,437 1 3,352 Adjust Internal Chg. 1,2091 1,209 ! - 9 1,472 309! 1,476 390 ;4,081 1-Adjust Internal Chg. 927,004 , (2 995)IAdjust Internal Chi. 290,000 1 15,000 25,000 - 2,234 6,349,895 140,000 211,157 2,947,500 1 - 200,000 j 50 000, . ._ 50 000 75,0001 75,000 70,0001 70,000 356 9001 . - - 35 6 899 S1)1RoundmgAdjustment - 517 0831 1,034 363 - 517,280 1 Hud 108 Loan 443,8201 445,619 , 1,799 1-Adjust M & O 75,000 •, 75 000 134,0591 134,059 1 1 --- 2,662 600 r 2,662,600 1,811 415! 1,823 893 2,367 053! 2,367,242 j 327,6251 328,246 r 712,2601 712,266 ' 1,088,500 ; 1,088 500 i 374,981 374,981 719,106720,761 38,318 38,318 1,244,578 1,142,023 ' 929,999, 290,000' 15,000' 25,000. 2,227 6,347,920, 330,0001 140,000 211,1271 2,947,5001 200,0001 7 !Adjust Internal Chg. 1,975 :Adjust Internal Chg. (330,000) I Removed Project 30 !Intemal charges 12,478 1Adjust M & 0, Internal Chg. 189 ;Adjust Intemal Chgs. 621 (Adjust Intemal Chg. 6 ,Adjust Internal Chg. 1,655 ;Adjust Internal Chg. (102,555)IAdjust Capital Outlay 59,249,536, 59,722,455 472,919 1 PRMBGT057/8/2004 City of National City FY 04-05 Proposed Budget Recap of Significant Changes Exhibit B City Manager's Office Amount to Source: Fund Specific Action Project Affected Transfer Landscape Reserve Capital Project Reserve Capital Project Reserve Capital Project Reserve Capital Project Reserve Capital Facilities Fund Capital Facilities Fund 195 from 2407 - CIP # 4115 Civic Center Beautification -Phase 1 196 196 196 196 from 2407 - CIP # 1155 from 2407 - CIP # 1527 from 2407 - CIP # 1582 from 2407 - CIP # 1586 303 from 2407 - CIP # 1407 303 from 2407 - CIP # 1558 Civic Center Refurbishing 189 from 2407 - CIP # 1400 7/14/2004 9:57 AM Replace exterior doors @ Civic Center Security Fence PD Replace City Hall windows Misc. Capital projects $ 400,000 $ 40,000 $ 45,000 $ 22,438.62 $ 50,000 Refinish Civic Center Bldg. Exterior $ 35,000 Bullet Proof Glass - PD $ 20,000 Phase 7 - Garden Level Remodel $ 456,968 Cipx-fer.xls CITY OF NATIONAL CITY EXEBBIT C BUDGET ANALYSIS, BY FUND - ALL FUNDS, PRELIMINARY BUDGET FISCAL YEAR 2004-05 Fund Fund Fund Fund Title Balances Projected Projected Inter -Fund Balances 06/30/04 Revenues Expenditures Transfers 06r30/05 001 General Fund 1,964.782 30,311.580 33,659,005 2,004,056 621,413 104 Library Fund 0 408,000 1,476,390 1,068.390 0 105 Parks Maintenance Fund 0 458,000 927,004 469,004 0 108 Library Capital Outlay 341,677 79.000 290.000 0 130,677 109 Gas Taxes Fund 69,547 1,250,049 635,000 (684,596) 0 110 Emergency Preparedness Fund 30,115 0 15,000 0 15.115 111 POST Fund 3,000 0 0 0 3,000 113 Cultural Arts Fund 93,312 0 25,000 0 68,312 115 Park 8 Rec Capital Outlay Fund 130,279 32,000 2,234 0 160,045 125 Sewer Service Fund 446,450 6,365,938 6,749,895 0 62,493 131 Asset Forfeiture Fund 571.875 100,500 0 0 672,375 159 General Plan Update 332,208 140,000 140,000 0 332,208 169 Local Law Ent. Grant 80 0 0 0 80 172 Refuse Fund 399,687 150,000 211,157 0 338,530 175 Petroleum Violators Fund 5,510 0 0 0 5,510 176 Police Reimbursed Overtime 30,160 30,000 0 0 60.160 185 COPS More Grant 51,000 0 0 - 0 51,000 189 Civic Center Refurbishing Fund 836,538 0 450,000 (386,538) 0 195 Landscape Reserve Fund 616,187 0 50,000 (500,000) 66,187 196 Capital Project Reserve Fund 227,826 0 70,000 (157,439) 387 197 Productivity Improvement Fund 75.000 0 75,000 0 0 201 NCJPFA Debt Service Fund 0 494,946 0 (494,946) 0 212 Personnel Compensation Fund 0 0 356,899 356,899 0 220 Local Law Enforcement Grant 0 100.000 0 0 100,000 243 Per Capita Grant Fund 502,000 0 0 0 502,000 244 Roberti TBerg/Hants Block Grant 161,305 0 - 0 0 161,305 271 Job Housing Balance Grant 0 39,000 39,000 0 0 301 C.D.B.G. 0 1,059,363 1,059,363 0 0 302 CDC Contribution 143,868 445,619 445,619 0 143,868 303 Capital Facilities Fund 239,733 0 245,000 5,267 0 304 Park Development Fund 75,389 0 75,000 0 389 307 Proposition "A" Fund 757,960 1,366,289 1,467,059 0 657,190 308 Highway Bridge Rehab Fund 231,657 0 0 0 231,657 312 STP Local/TransNet Highway 576,624 0 0 0 576,624 313 CMAQ Grant 10291 0 0 0 10,291 348 State Conservancy Grant 12,083 35,000 0 0 47,083 349 State Local Assistance 146,474 0 0 0 146,474 345 Traffic Congestion Relief Fund 40,557 0 0 0 40,557 552. Local Transit 228,753 2,812295 2,662,600 0 378,448 626 Facilities Maint Fund 0 1.823,893 1,823,893 0 0 627 Liability Ins. Fund 1,890,491 2,367,242 2,367,242 (1,280,000) 610,491 628 General Services Fund 0 328,246 328,246 0 p 629 Information Systems Maint. Fund 572,518 712,266 712,266 0 572,518 630 Office Equipment Depreciation Fund 1,240,371 1,088,500 1,088,500 (400,097) 840,274 631 Telecommunications Revolving Fund 304,474 374,981 374,981 0 304,474 632 General Accounting Services 0 720,761 720,761 0 0 633 Unemployment Insurance Reserve 159,710 38,318 38,318 0 159,710 643 Motor Vehicle Svc Fund 0 1,244,578 1,142,023 0 102,555 13,519,491 54,376,364 59,722,455 Total All Funds 0 8,173,400 FBg5n rPPreim'vury ewget-wri 7/8/20045:02 PM CITY OF NATIONAL CITY BUDGET ANALYSIS, BY FUND - OPERATING FUNDS ONLY, PRELIMINARY BUDGET FISCAL YEAR 2004-05 Fund Fund Balances Estimated Budgeted Inter -Fund Balances Fund Fund Title 06/30/04 Revenues Expenditures Transfers 06/30/05 001 General Fund 1,964,782 30,311,580 33,659,005 2,004,056 621,413 104 Library Fund 0 408,000 1,476,390 1,068,390 0 105 Parks Maintenance Fund 0 458,000 927,004 469,004 0 626 Facilities Maint Fund 0 1,823,893 1,823,893 0 0 627 Liability Ins. Fund 1,890,491 2,367,242 2,367,242 (1,280,000) 610,491 628 General Services Fund 0 328,246 328,246 0 0 632 General Accounting Services 0 720,761 720,761 0 0 643 Motor Vehide Svc Fund 0 1,244,578 1,142,023 0 102,555 Total Operating Funds 3,855,273 37,662,300 42,444,564 2,261,450 1,334,459 7/8/20045:02 PM F005TMPPreFrimry Budget?Isy3 ITEM #2 8 7/20/04 APPOINTMENT OF CAPTAIN LALO RODRIGUEZ TO MILITARY, CIVIC AND SPECIAL EVENT ADVISORY BOARD. (Councilman Natividad) City of National City, California COUNCIL AGENDA STATEMENT July 20, 2004 AEETING DATE AGENDA ITEM NO. 29 ITEM TITLE EDCO Proposal for No Change in Current Trash Rates for National City Residents and Businesses for Fiscal Year 2005 PREPARED BY Lori Brown DEPARTMENT Public Works / Engineering EXPLANATION The agreement between the City of National City and EDCO Disposal Corporation allows an annual rate adjustment based on several factors, including tipping fees, Consumer Price Index, and revenues. For Fiscal Year 2005, Edco is proposing NO CHANGE in the current rate structure for National City Residents and Businesses. This is based on minimal increases in National City's tipping fees; $.05 cents increase per ton for refuse tipping fee,. and $1.00 per ton for the green waste tipping fee. Also, the Consumer Price Index used is 3.4%, and increased revenues to EDCO from residential and commercial recycling programs. In addition, the Trash Enterprise fund would remain at $50,000, and Senior Citizens would continue the option of a 20% discount or the Silver Bag program. Attached is EDCO's proposal letter and detailed rate schedule. CEnvironmental Review " N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Accept EDCO's Proposal for no ange in trash rate structure for FY 2004-05. I BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) L.. Resolution No. EDCO Proposal Letter and Proposed National City Rate Schedule A-200 (9/99) 6670 Federal Boulevard, Lemon Grove, California 91945 May 19, 2004 Steve M. Kirkpatrick Director of Public Works/Engineering City of National City 1234 National City Boulevard National City, CA 91950-4301 Dear Mr. Kirkpatrick, The agreement between the City of National City and EDCO Disposal Corporation allows for an annual rate adjustment to be determined by following a detailed formula. After extensive review, EDCO is pleased to propose no change in the current rate structure through June 30, 2005, as a result of the following factors: • As a member of the Regional Solid Waste Association (RSWA) National City's refuse tipping fee will increase by only $.05 cents per ton. • The green waste tipping fee will increase by $1.00 per ton. • Consumer Price Index (CPI) to be used to adjust the service component of our rate structure is 3.4%. (619) 287-7555 MPANY Fax: (619) 287-5242 o Offsetting increased revenues from the residential and commercial recycling programs In addition, the Trash Enterprise fund will remain at $50,000 and EDCO will continue to offer Seniors a choice of a 20% discount for full service or our Silver Bag program for low volume generators. As always thank you for allowing EDCO Disposal Corporation to be of service. Sincerely, John Snyder General Manager EDCO Disposal Corporation www. edcodisposaLcom FAMILY OWNED & OPERATED Printed on Recycled Paper NATIONAL CITY RATE SCHEDULE July 1, 2004 RUBBISH AND GARBAGE 1. RESIDENTIAL Per month residential single family properties For the second and for each additional residential unit in multiple dwellings which do not exceed four units CURRENT PROPOSED MONTHLY MONTHLY RATE RATE $15.33 $15.33 $12.09 $12.09 2. TRAILER PARKS AND MOTELS One time per week, per unit, per month $10.60 $10.60 3. APARTMENT HOUSES One time per week, per unit, per month $10.77 $10.77 4. SENIOR CITIZEN RESIDENTIAL Per month $12.26 $12.26 5. SILVER BAG SERVICE Per month $2.04 $2.04 6. COMMERCIAL AND INDUSTRIAL ESTABLISHMENTS Up to (2) 40 gallon containers Or (1) 90 gallon automated cart One time per week, per month Up to (4) 40 gallon containers Or (2) 90 gallon automated cart One time per week, per month Up to (6) 40 gallon containers Or (3) 90 gallon automated cart One time per week, per month $17.55 $17.55 $32.66 $32.66 $41.98 $41.98 NATIONAL CITY RATE SCHEDULE July 1p 2004 RUBBISH AND GARBAGE Up to (8) 40 gallon containers Or (4) 90 gallon automated cart One time per week, per month Up to (10) 40 gallon containers Or (5) 90 gallon automated cart One time per week, per month Additional or unusual accumulation of rubbish (per cubic yard) BOX TYPE REFUSE SERVICE COLLECTION NUMBER YARDS FREQUENCY OF BINS PER MONTH CURRENT PROPOSED MONTHLY MONTHLY RATE RATE $51.89 $51.89 $67.77 $67.77 $17.55 $17.55 CURRENT PROPOSED MONTHLY MONTHLY RATE RATE 1 1 13 $92.78 $92.78 2 1 26 $156.62 $156.62 3 1 39 $220.46 $220.46 4 1 52 $286.18 $286.18 5 1 65 $351.89 $351.89 6 1 78 $417.61 $417.61 7 1 91 $483.33 $483.33 1 2 26 $158.50 $158.50 2 2 52 $284.30 $284.30 3 2 78 $410.10 $410.10 4 2 104 $534.02 $534.02 5 2 130 $657.94 $657.94 6 2 156 $781.87 $781.87 7 2 182 $905.78 $905.78 1 3 39 $224.21 $224.21 2 3 78 $408.23 $408.23 3 3 117 $592.23 $592.23 NATIONAL CITY RATE SCHEDULE July 1, 2004 4 3 156 $774.35 $774.35 5 3 195 $956.49 $956.49 6 3 234 $1,138.61 $1,138.61 7 3 273 $1,320.74 $1,320.74 BOX TYPE REFUSE SERVICE COLLECTION NUMBER YARDS FREQUENCY OF BINS PER MONTH CURRENT PROPOSED MONTHLY MONTHLY RATE RATE 1 4 52 $289.93 $289.93 2 4 104 $532.14 $532.14 3 4 156 $774.35 $774.35 4 4 208 $1,014.69 $1,014.69 5 4 260 $1,255.02 $1,255.02 6 4 312 $1,495.36 $1,495.36 7 4 364 $1,735.69 $1,735.69 1 5 65 $355.65 $355.65 2 5 130 $656.07 $656.07 3 5 195 $956.49 $956.49 4 5 260 $1,247.51 $1,247.51 5 5 325 $1,538.54 $1,538.54 6 5 390 $1,829.57 $1,829.57 7 5 455 $2,120.61 $2,120.61 1 6 78 $421.36 $421.36 2 6 156 $779.99 $779.99 3 6 234 $1,138.61 $1,138.61 4 6 312 $1,485.97 $1,485.97 5 6 390 $1,833.33 $1,833.33 6 6 468 $2,180.68 $2,180.68 7 6 546 $2,528.04 $2,528.04 AEETING DATE City of National City, California COUNCIL AGENDA STATEMENT July 20, 2004 AGENDA ITEM NO. 30 /ITEM TITLE Request to Use the Martin Luther King, Jr. Community Center and Waiver of Fees by the Philippine - American Youth Organization PREPARED BY Stephen Kirkpatrick DEPARTMENT Public Works/Engineering 336-4580 EXPLANATION The Philippine -American Youth Organization is requesting use of the entire Martin Luther King, Jr. Community Center on Saturday August 21, 2004 for a fundraiser dinner/dance. They are expecting 200 people for the dinner and 400 for the dance. The Organization is using this event to create awareness of the possibility of losing the Tagalog Classes program in the schools. They are also asking for waiver of fees. Costs: Building: $1172.60 Custodial: 201.06 Kitchen: 100.00 Total: $1473.66 This is an acceptable category of use according to the Council adopted "Rules and Regulations for the Use of the Martin Luther King, Jr. Community Center". However, it would take the approval of City Council to waive the fees. Environmental Review N/A Financial Statement Loss of $1473.66 if waiver of fees is approved. Approved By: Finance Director Account No. STAFF RECOMMENDATION Council decision on use and waiv r o e BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below Resolution No. 1. Application for use of the Martin Luther King, Jr. Community Center 2. Letter from Philippine -American Youth Organization dated July 1, 2004 A-200 (9/99) APPLICATION FOR USE OF THE MARTIN LUTHER KING, JR. COMMUNITY CENTER TO ALL APPLICANTS: It is strongly recommended that the applicant requesting use of the facility attend the City Council meeting when the items going to be discussed in order to answer any questions posed by the City Council. Please refer to the attached copy of "Rules and Regulations". Name of Organization: '\AIt-z.WI NV ;UCA4-, 'dk11i G`i i 's? �cAl a� J'®' Business Address: P V-} �-OW. r`v it) J �-i) C A a 11 Name of Applicant:: —3 V Y\t`l . 732. Address: 2 1.?2\ +t off...) flAvE) Si:i '9s t) C kt - �ll CLI �I 0 `:)3i-li GIB 8" SO .2341 Telephone Number: day ( `� evening (CIO) Type of Function: gj;--trt `( 6tt,i)-v 44 V- 1Cf._- tVNAgTig6 SSW WPM Date Requested: kV Uri- 1-\I/) ` KI ) S%NC l/-0 1", Decorating Time: 3 : (am/e) to 6 ` 00 (am/en) Function Time: G ` DO (am0) to ?'" CO (arn Clean up Time: 0. ( ii) to .1.:' 00 (rpm) Use of Kitchen: no yes If yes, Time: ''OD (amn to 9-(,O (am/r3r i) Number of Participants: -0C) .�.; J �ol'c ��jbnG%'rU1 9 Will Admission be charged . I- yes, Amount $ Will this be a fund raising event. it Will alcohol be served? �IO If yes, ABC Permit Submitted? Certificate of Insurance attached? Special configuration of tables or chairs required? _S If yes, attach sketch. Special equipment required? YOS If yes, attach�list. Copy of Rules & Regulations provided? `IA Initials JjA Certificate of Insurance attached? How many times in the last two years have you used the Community Center? 1 If applicable, how much did you pay for building and/or custodial fees? 1A-'k-k-t tr` P I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE MARTIN LUTHER KING, JR. COMMUNITY CENTER, AND I AGREE FOR MY ORGANIZATION TO CONFORM TO ALL OF ITS PROVISIONS. Applicant recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that Applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to Section' 107 and 107,6 offie Revenue and Taxation Code against Applicant's possessory interest in, the,Cif 's, alrtyx t l 11 `_t �' f E l� 1,1)( c t , J 6.- `'1 tJL/ Signature of ]applicant Dat .f C.) sot -pi , , TE-1 F-PHON5 # (6101 ;750-134.1 .payo-ed.com or wwwianaa.comitavo sd P=MAII PAYnlk,rainl..r-fqn OFFICERS 20I-13-11101 trirrMr0 HIrI7 Ir- IM: FIR '----=IPP1-19‘1 1-:.IRKPATRICK, niRPriTr)R Fritufulritr riF Pi tel- tr-lifVORKStr-NrzitN4L-ERING AnerFlinWi: .tuanito R. Amor Fi-ainclor PiiYri-F-rk, A MrAmil-ic-'r Orilisrii'mtifyi COPAO President (_ttivIn Ancsivfin Leezei l-.73iFferetary TreasFirt,--e _ it ttv 1_ tr4__ - includina the waiver of Fees M. Kirkpatrick; 'Ale the Philippims-Arric.-.--tin Youth Organization aiz Diego are requeistirm the use of Martin Luther jr. Community Cienter Saturday; Auaust f tuff vrtirif syijk_ff: tjrcteif ;-:,4 Fi';.-Stf;;_i•451 OrGardZatieri the Council of the Ptil4lpine Arriii!can It4O, PAY° ha4 been in eXietenCe for inOre then two years arid this Aticlual will cernmemiaraie ottr third yz---ier WTia t.0 liSta the Crel-cr;-UrtiliV &enter, ail thefees waived, lest year in siq.l,-.7”List 2C)03 with tie rvlayor and the COlindi ernber5 iinenin1011F-4, SUPPOrtinP The etvent fated, "tioitz the Yoth, A Suraraer Sernifcfrrnal Affair.' C.fur theme for this year is FiliPino Student •Savinn Tacialon. With The recent Clalif orFile Fiurinet c- ifs srril Itte Ne Child I eft !aahliwil Act, ail the Hinh School Teachers neer! 1-.3 OU oLr I ,i725 Filipino L;ni])J1e St: irients in Flan nierlo in a binet Periaciae there is no Crenentiai Tent Of Pragrnin frir aiiilepirie Teechera tn 11 0 kid that tney, are ghly QitAitfitate_ in nattai tit vita_ may loss t TaliAlor-1 Citassesi. hrofirarn in OLFscnools Our event ttindratsing event to raise reciney and ine-cnift"Liftily 1;01014 wail ou: T -0:1A -‘-•u!,.!'(-$1":4!! Ill'. c-.4tiee ;4 dat-It:,t±!: ti!..j4ht arief V-44:t IP gan dui!. rearticiriiiitscilifirifi tile device. if you ;lave any questions, you can contact me Arnorliraaolicarn Of 61:9) 850- :7341 City of National City, California COUNCIL AGENDA STATEMENT JIEETING DATE July 20, 2004 AGENDA ITEM NO. 31 7.ITEM TITLE TEMPORARY USE PERMIT — SOUTH BAY VOLKSWAGEN - TEMPORARY TRAILER PREPARED BY k�(I� DEPARTMENT EXPLANATION Kathleen Trees, Director 336-4210 Building and Safety This is a request from South Bay Volkswagen to locate a temporary office trailer at 3003 National City Boulevard from August 1, 2004 through July 31, 2006. The trailer will be used as an office for the used car business located on the adjacent lot. The South Bay Volkswagen is prohibited from building on the 3003 National City Boulevard site. This site was once a landfill and is subject to regulations prohibiting permanent structures on the site due to the existence of hazardous materials. Environmental Review N/A Financial Statement Approved By: Finance Director The City has incurred $138.00 in costs in processing the T.U.P. applicatiojal rou li ious City Departments. STAFF RECOMMENDATION 74*zegeat_e_e__, N/A 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 conditions of approval A-200 (9:33) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED Conditions of Approval SPONSORING ORGANIZATION: EVENT: DATE OF EVENT: TIME: APPROVALS: PLANNING FIRE FINANCE CITY ATTORNEY SPECIFIC Conditions of Approval: FIRE (336-4550) South Bay Volkswagen Temporary Office Trailer August 1, 2004 through July 31, 2006 N/A YES[x] NO[ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ 1 SEE CONDITIONS [ ] SEE CONDITIONS [] SEE CONDITIONS [: ] SEE CONDITIONS [ 1 1. Prior to occupying the trailer, the fire department shall conduct an inspection. 2. There shall be two fire extinguishers mounted in the trailer. 3. Exit signs shall have green lettering on a while background and they shall be illuminated. BUILDING (336-4210) 1. Obtain plumbing and electrical permits. 411, Llf !YHI LUIYHL 41 i t'Lf 11/ LCJ CJ'-Y 1 I. CIO 01OW JO i i Type of Construction Trailer :. Temporary Office or Classroom Trailer Contractor Storage Yard _ Condo or Model Horne Sales Office Photographic Filming (No street closures or special effects) - Location: 3131_ �g; / �.�;�u- C�, ry ://a cJ-�_ carp Rowe Ks NE we. tf this application is for filming Date(e): Frorn to Mont vDyna.r Actual Event Hours: — am/pm to arnipm Setup/assembly/construction Date: _ Start time: Please desaibe the scope of your setup/assembly work (specific details): A the following: Dismantle Date: • T : Chief Officer of Organization (Name) .4 til `` y �` b v)`% nt (Nerne): 2/1.7/ 44X77/) Al— Of Iitt ir'd Phone:t .3.- `%lf.'' O Evening Phone./9) VA 9777 Fax: Please provide a DETAILED DEBCRIPTE of your event. include details regarding airy components of your event such as the use of vehicles, animals, rides or any other pertinent inform -',+:: about the event. v1 1 1 VI I YI•l l J.. U I 6 I VLf f yV V'Y 1le VV 3 VI JJJV`9JJ(! Pismo oomulsb tf this soolicatlonis for filming, Please your procedures for Crowd Cantor: NO 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 (Nerne)_ Phone: YES NO is this a night event? if YES, state pleas � how the event andm surrounding area will be illuminated to ensure safety tar • 0 111-41 =Fe 31 1941 GO CITY BOULEVARD SAT{�NAI� .v01 ram. MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT July 20, 2004 AGENDA ITEM NO. 32 ITEM TITLE PREPARED BY EXPLANATION This is a request from the St. Mary's Catholic Church to conduct their annual fall festival and fund-raising event on the Parish grounds located at 8th St. & E Ave from 7:30 a.m. to 7:00 p.m. on Sunday, October 3, 2004. There will be a total of 20 assorted booths that will consist of food booths, white elephant booths, art's & crafts booths and religious booths. TEMPORARY USE PERMIT — ST. MARY'S CATHOLIC CHURCH- ANNUAL FALL FESTIVAL/FUND RAISING (October 3, 2004 from 7:30 a.m.-7:00 p.m.) Rosietjtierrez 336-4210DEPARTMENT Building and Safety A DJ will also play music for entertainment between 11:00 a.m. to 5:00 p.m. ( Environmental Review X N/A Financial Statement Approved By: Finance Director The City has incurred $150.00 in processing this Temporary Use Permit Application. Account No. STAFF RECOMMENDATION Approve the Application for aary 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 Conditions of Approval. A-200 (9:99) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT AND RECOMMENDED CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: St Mary's Parish EVENT: Annual Fall Festival and Fund Raising DATE OF EVENT: Sunday, October 3, 2004 TIME OF EVENT: 7:30 a.m. to 7:00 p.m. APPROVALS: FIRE FINANCE POLICE PLANNING CITY ATTORNEY RISK MANAGER YES [x ] YES [x ] YES [x YES[x] YES [x] YES [x] (SAN DIEGO COUNTY HEALTH DEPT. HAS NO [ ] SEE CONDITIONS [ x ] NO [ ] SEE CONDITIONS [ x NO [ ] SEE CONDITIONS [ x ] NO [ ] SEE CONDITIONS [ ] NO [ ] SEE CONDITIONS [ x ] NO [ ] SEE CONDITIONS [ x ] BEEN NOTIFIED VIA FAX ON 7/06/04) CONDITIONS OF APPROVAL FIRE 336-4550 1. Maintain Fire Department access at all times. 2. Tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame retardant treated with an approved State Fire Marshal seal attached. 3. A permit from the Fire Department must be obtained for the tent/canopy. Permit fee is $85. fees can only be waived by the City Council. 4. 40 B:C dry chemical fire extinguishers shall be provided where deep fat fryers are used. 2-A B:C fire extinguishers are required in each cooking booth. 5. 2-A: IOBC fire extinguishers are required. Fire extinguisher locations to be plainly marked and not to exceed a travel distance of 75 feet. 6. Canopies shall have been treated with a fire retardant and bear a State Fire Marshal's tag. 7. Provide metal cans with leads and label "HOT COALS ONLY" for used charcoal disposal. FINANCE 336-4330 1. Each participating vendor must have a separate Business License. Vendors currently licensed by the City may operate on their existing license. A list of all approved 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 at least 2 weeks prior to the event for verification of business license numbers. 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. POLICE 336-4400 1. Reserve and Senior Volunteers will be assigned as requested. CITY ATTORNEY 336-4220 1. Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. RISK MANAGER 336-4243 1. Minimum limits of one million dollars per occurrence of general liability insurance. 2. That the City of National City and its officials, employees, agents, and volunteers be named as additional insured on above policy. An application for coverage was submitted, but it is insufficient. A certificate of insurance or an endorsed policy is needed. 3. Standard hold harmless signed. (Done) Type of Event: _ Public Concert _ Fair /Festival _ Parade Demonstration _ Circus Motion Picture _ Grand Opening _ Other Jt j CFi f/ ©©4) ComrrJf4 Event2 j 2 _ Block Palt N„t, col: ol QllQ Event Title:S` V Y OS-4 S i'Gl. lk I ..Q sr N N U��- rl.lil �C IS t Vick. Event LocationnC Y',Sv, �� e bLU.tAG�S� \,GLG.1� G� _t-l= SYr`.e_e_k S Event Date(s): From U3 • ,3 IA to ID 3 , o `'' Total Anticipated Attendance: (,i, l g k Li t) W � Month/Day/Year ( ✓ Participants) ( i°/ Spectators) Actual Event Hours: )4 pm to) , t) © am/ Setup/assembly/construction Date:- ,0 04 Start time: \. 0 L Please describe the scope of your setup/assembly work (specific details): .rz.Y (t ( IAdiCASs >i)-‘1l2 P©v tS ; e cc�►�C ( u'>`IA (..t r� ‘r-e Oz.- Dismantle Date:La 4 o 4 Completion Time: P I 0 0 am iCri- 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. ,12 1 j � %J Sponsoring Organization: IP i Y1(« C �4� ` f k Ri�,'['7!^l,C- Profit Chief Officer of Organization (Name)1'' ll t�l tS f _-C�� Applicant (Name): Address: c" r Daytime Phone: tg�t 1 ` t 5 Evening Phone: kv((L) 11, 1 Contact Person "on site" day of the event: 1.) 0 t.1 _ Email Pager/Cellular: NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 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(s): YES YES NO NO $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ Estimated Expenses for this event. $ 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) t,\(3J? uA. '12300 LDS `1 -v .tX v 01 k'ct (9._0 LYto.MA.--L.-6 s 0 y. 're A_ bps . 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: YES NO Does the event involve the sale or use of alcoholic beverages? (� YES NO Will items or services be sold at the event? If yes, please describe: t CI a f ROL'ilel-Q, 100 VeM.i_ek.`Pr% 0,200e, �t,)kAA cW,SAAtibiV- ,LIAA.Q.0-• YES 0 Does the event involve a moving route of any kind along streets, sidewalks or TTTTTT 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 ENO 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' p, L� Number of tent/canopies t) Sizes Al) j 9.f) =-e.0. CL f l�S N't}t- NOTE: A separate Fire Department permit is required for terits :Jr ca pies. t Gk.V.-P. a� _ YES )1.--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 ConcessioR and/or Beer Garden areas. a Food Concession and/or Food Preparation areas I 1`j Please describe how food will be served at the event: ©C3 .. t l Ll, \O-Q_- 5 IA CA-C3— f If you intend to cook food in the event area please specify the method: V GAS ELECTRIC ✓ CHARCOAL a./ OTHER (Specify): ➢ Portable and/or Permanent Toilet Facilities AAA_ Number of portable toilets: (1 for every 25 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 your plan for clean-up and removal of waste and garbage during and after the event: 6 Please describe your procedures for both Crowd Control and Internal Security:` y i" c_ ua W <:3 Lk*�r� Lr YES f NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: YES Security Organization: Security Organization Address: Security Director (Name): Phone: O 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: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. c� ,t.AC _v if C� Please describe your Accessibility Plan for access at your event by individuals with disabilities: Please provide a detailed description of your PARKING plan: Please describe your plan for DISABLED PARKING: Please describe your plans to notify all residents, businesses and churches impacted by the ays9int: • t1�5(0.VAkSrxAAC'1Yl1A-S1"i;4'$ PS a_re., a CLtAAAL . cSi. CeIr.; %L. C. -1Aexp 1A ei.tAlc kt,o tAn. c _ . \ &-b- cQ NOTE: hborhood residents 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. Number of Stages: k Number of Bands: (� Type of Music: 1. ('tg�: �tS $YES NO Will sound amplification be used? If YES, please indicate: Start time:' b 0 am pm Finish Time ‘. 0 0 am/ YES NO Will sound checks be conducted prior to the event? If YES, please indicate: YES Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: 0 Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES _ NO Any signs, banners, decorations, special lighting?, If YES, please describe: � (9- c e C ✓ezCS t5-Lt4:. _ _ ULAL Revised 10/3/01 5 Event: For Office Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 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 a non-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 to Question 3. Name of the sponsoring or anization e.r4S C��` �5\1 \feL\ A In N uLa tG1-ri, U. -A Rck. S�SiAAfJ Type of Organization (t),Lt.,IA.VC,� (Service Club, Church, Social Service Agency, etc.) 4 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. ( lease 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? Yes (Please provide an explanation and details. 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: No (P lease sign the form and submit it with the TUP Application) Signature Date City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization ST MARY' S C HURP.TR Person in Charge of Activity DON & ALICE STEEBER Address 2929 EAST 16th STREET NATIONAL CITY 91950 Telephone619. 475-2414 Date(s) of Use SUNDAY , OOCTOBER 3 , 2004 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losse,$, 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 to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. 74 Sign re of Applicant .477Yr— Z/ — 0 v Official Title Date For Office Use Only Certificate of Insurance Approved Date 7 1HE ROMAN CA'1'HOLI HOP OF SAN DIEGO, A CO APPLICATION FOR SPECIAL EVENTS COVERAGE Name of Parish or Institution: Date of Event: ST. MARY'S CHURCH 038 TION SOLE, SAN DIEGO, CA frtnhpr 4rr1 20_04 Type of Special Event (Example: Wedding reception, Street Address: 426 E. Seventh Street Anniversary party, Etc. - Please Specify) : City/State: n. C. Ca ZIP Code: 91 9 5 0 Lessee (Additional Insured) Information: Name of Sponsoring Organization or Individual Requesting Coverage (Please Print Lessee Name(s) or Organization) Lessee (Additional Insured) Contact Person: Name: Donald Steeber Street Address: 2929 E. 16 t h Street Fall Festval Time of Event: From 8 : 0 0 Approximate Number of Participants: Is Liquor Being Served? Is Food Being Served? Yes X To6:30 1 500 X No City/state: N.C. C a . zip Code: 91 9 5 0 ' Yes No Telephone: 619 4 7 5- 2 41 4 The Special Events coverage provides $1,000,000 Combined Single Limit Bodily Injury, Property Damage, and Host Liquor Liability coverage per event (not per claim). This coverage is underwritten by Great American Assurance Company, Policy # 96 GLO 590934801 Cost of Coverage: 50.00 Per Event Coverage does not apply to certain events such as, but not limited to: + Sporting events including tournaments & camps + Any carnival event + Amusement rides, including mechanically operated devices, trampolines, & rebounding devices + Fireworks & fireworks displays + Events where a fee or admission is charged, unless all procefvls go to charity + Events organized or operated by professional promoters/performers + Events with attendance of more than 1,000 persons + Events which exceed 72 hours in duration + Events involving pool or lake activities Events involving recreational vehicles NOTIFICATION OF AN EVENT MUST REACH CATHOLIC MUTUAL AT LEAST 15 DAYS IN ADVANCE OF THE EVENT. * SUBJECT TO APPROVAL BY C.M.G. AGENCY, INC. * Please make check payable to the Parish where event is taking place COMPLETE AND RETURN THIS FORM TO: Mr. Robert Lang Claims Risk Manager P.O. Box 85728 San Diego, CA 92186-5728 Please report all claims to C.M.G. Agency, Inc. Claims Department at 1-800-228-6108, DISTRIBUTION: Original: C.M.G. Agency, Inc., Copies to Lessee and Parish or Institution CURS-226A(7.99) - SDREv7,03 p+a4 04.1 ?V al ad4ac am.. )%1iC20 Outwit& DINNi04 32- � 4 C. -rasi.ts- ATE - - : _. - -1.- —Av ►' , «� ;5r darn ATE- -- =PANisa iN04p 1 _AEETING DATE City of National City, California COUNCIL AGENDA STATEMENT July 20, 2004 AGENDA ITEM NO. 33 7.ITEM TITLE TEMPORARY USE PERMIT — Filipino Americans United for Mitz Lee (July 24, 2004 from 11:00 a.m.-2:00 p.m.) PREPARED BYRosie Gutierrez 336-4210 DEPARTMENTBuilding and Safety EXPLANATION This is a request from Juan V. Ruiz to hold a Barbecue Fundraiser party for Mitz Lee at 1341 E. 8th Street, National City. The date of this event is Saturday, July 24, 2004 from 11:00 a.m. to 2:00 p.m. ( Environmental Review X N/A Financial Statement Approved By: Finance Director The City has incurred $345.00 costs in processing the TUP through various City 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/or stipulations. CJA200.Doc 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: Filipino Americans United for Mitz Lee DATE OF ACTIVITY: Saturday, July 24, 2004 LOCATION OF ACTIVITY: 1341 E. 8th St., National City, CA 91950 TIME: 11:00 A.M.-2:00 P.M. APPROVALS: POLICE PLANNING FIRE FINANCE PUBLIC WORKS ENGINEERING CITY ATTORNEY RISK MANAGER CONDITIONS OF APPROVAL: FIRE (336-4550) YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] SEE COMMENTS[ ] SEE COMMENTS[ ] SEE COMMENTS[x ] SEE COMMENTS[x ] SEE COMMENTS[x ] SEE COMMENTS[ ] SEE COMMENTS[ ] SEE COMMENTS[x ] { 1. At no time, during this event, shall any Fire Department access be blocked. 2. Used coals from the barbeques shall be placed in a container marked "HOT COALS" 3. There shall be no cooking of any kind under the canopy. FINANCE (336-4330) 1. A Business License is required if monies are solicited, admission fee is charged or food, beverages or merchandise is sold. Each vendor present on this event must have a separate business license. Vendors currently licensed by the City may operate on their existing license. 2. 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 two weeks prior to the event for verification of business license numbers. 3. 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 & Recovery Division, Business License Section. RISK MANAGER 1. If the event is only in the building parking lot, owned by Juan Ruiz no requirements needed. Type of Event: Public Concert Parade Motion Picture Festival Circus ✓Other '1?7617.._ ,�, n ��.. r `�U,v PY7,Fs(5 Event Title: r�i U 'Plod Psi l h612.1 ��tC VX.�? 6 0 � 2 m I T Z- _ Fair _ Demonstration _ Grand Opening Community Event Block Part Event Location: 1tt-)) I,'v> _✓V CAT ---Kt Event Date(s): From to Total Anticipated Attendance: SD ( Participants) ( Spectators) Actual Event Hours: Month/Day/Year m to am/ Setup/assembly/construction Date: oW—Og Start time: 0 AM Please describe the scope of your setup/assembly work (specific details): G P 3 .��/�/ Dismantle Date: 7 P - T" Completion Time: /pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of cloying and day and time of reopening. Sponsoring Organization: For Profit Not -for -Profit Chief Officer of Organization (Name) - Applicant (Name): Address: Daytime Phon . ( ) 470 -'3 1 &ytvening Phone: Contact Person "on site" day of the event: Pager/Cellular: L-) . Fax: —�ef' NOTE: THIS PERSON MUST BE ]bv ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 'Y t Is your organization a "Tax Exempt, nonprofit" organization? Are admission, entry, vendor or participant fees required?ii If YES, please explain thepurpose�rpose and provide amount(s): �/a' 15 19,0 YES NO YES NO fl0 $ r p f2-i () Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ 400 a Estimated Expenses for this event. $ 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. 4 W cog ' A1- L 9 i tZ p, •S 1(_ )tom (4W0 D/11b _ YES O 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 °ENO Does the event involve the sale or use of alcoholic beverages? YES NO Will items or services be sold at the event? if yes, please describe: _ YES _ NO 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 1--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 I Sizes NOTE: A separate Fire Department permit is requir d 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 tend 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 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 your plan for clean-up and removal of waste and garbage during and after the event: Please describe your procedures for both Crowd Control and Internal Security: YES O 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: Please indicate what arrangement you have made for providing First Aid Staffing and Equip ent. 11i'd1..40' i i Please describe your Accessibility Plan for access at your event by individuals with disabilities: Please � prprovide a detailed . - cription of your PARKING plan: WI i r Pko#>T itt) Yam \ c? try L-UI [.L Please describe your plan for DISABLED PARKING: ilo I A)61- Please describe your plans to notify all residents, businesses and churches impacted by the event: NOTE: Neighborhood residents 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. Number of Stages: j Type of Music: -YES NO Will sound amplification be usecj? If YES, please indicate: Start time: prn Finish Time am _ YES O 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: Number of Bands: YES NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 10/3/01 i1EETING DATE City of National City, California COUNCIL AGENDA STATEMENT July 20, 2004 AGENDA ITEM NO. 34 ITEM TITLE TEMPORARY USE PERMIT - NATIONAL CITY CHAMBER OF COMMERCE -TASTE OF NATIONAL CITY (August 26, 2004 from 5:00 p.m.-8:00 p.m.) PREPARED BYRosie Gutierrez 336-4210 DEPARTMENT EXPLANATION Building and Safety This is a request from the National City Chamber of Commerce to conduct its annual "Taste of National City" fund-raising event on the 900 block of A Avenue from 5:00 p.m. to 8:00 p.m. on Thursday, August 26, 2004. The event is open to the community for sampling food from various restaurants in the City. A six -piece ensemble band will provide entertainment. The Chamber is requesting that the 900 block of A Avenue be closed for the event. They are also requesting from the City the use of 50 tables, 150 chairs and a generator. A waiver of fees is requested. The event and sponsoring organization meet the criteria in the City Council Policy No. 704 for a waiver of fees. 2 X C Environmental Review N/A Financial Statement Approved By: Finance Director The City has incurred $345 for processing the T.U.P. through various City departments and $293 in Public Works costs. Account No. STAFF RECOMMENDATION t;e1-42 4 Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval and grant the request for a waiver of the fees. BOARD / COMMISSION RECOMMENDATION N/A N/A ATTACHMENTS ( Listed Below ) Resolution No. Application For A Temporary Use Permit with recommended Conditions of Approval. A-200 i9;99j CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT AND RECOMMENDED CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: National City Chamber of Commerce EVENT: Taste of National City DATE OF EVENT: Thursday, August 26, 2004 TIME OF EVENT: 5:00p.m. to 8:00 p.m. APPROVALS: PLANNING FIRE FINANCE PUBLIC WORKS POLICE ENGINEERING CITY ATTORNEY RISK MANAGER YES [ x ] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [ x] NO [ ] (COUNTY HEALTH DEPT., SD AND NC TRANSIT HAS BEEN NOTIFIED 07/06/04) SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x CONDITIONS OF APPROVAL ENGINEERING 336-4380 1. Call Engineering department at least 72 hours prior to the event for any necessary coordination with contractors in the event of a construction site in the vicinity of the activity. Contact Charles at 336-4380. CITY ATTORNEY 336-4220 1. Requires an indemnification and hold harmless agreement and a policy of general liability insurance with the City and its officials, employees, agents and volunteers as additional insureds, with amount of coverage to be determined by the Risk Manager. RISK MANAGER 1. Minimum limits of one million dollars per occurrence of general liability insurance (Done). 2. That the City of National City and its officials, employees, agents and volunteers be named as additional insureds on above policy (Done). 3. Standard hold harmless signed (Done). Continued.. NC Chamber Taste NC Page 2 FIRE 336-4550 1. Fire access to be maintained at all times. 2. Access to be maintained at all times to all Fire Department connections and appliances, (fire hydrants, sprinkler system connections, etc.). 3. 2A:10BC fire extinguishers required for cooking areas. Fire extinguishers locations to be plainly marked and not to exceed a travel distance of fifty feet. 4. Tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and canopies placed together equaling or greater than the above stated areas, are to be used, they are to be flame-retardant treated and a permit form the Fire Department must be obtained. Permit fees are $85.00. Fees can only be waived by the City Council. PUBLIC WORKS 336-4580 1. Street Division will post "No Parking" prior to event and close the street the morning of the event. 2. Event personnel will be responsible for removing the barricades to corners after the event is over for pick-up by Public Works the next morning (cost $43) 3. Electrician to provide electrical and setup assistance (5 hours) 4. 2 Custodians to setup and help staff (4 hours). 5. Facilities cost $250.00 FINANCE 1. Each participating vendor must have a separate Business License. Vendors currently licensed by the City may operate on their existing license. A list of all approved 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 at least 2 weeks prior to the event for verification of business license numbers. 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. POLICE 1. Senior volunteer will be assigned to attend, in the event the volunteer's are not available at least 1 reserve Police Officer will attend. 2. Senior volunteers can only provide traffic control. Reserves should be used if there are security concerns. Type of Event: _ Public Concert Parade Motion Picture Fair _ Demonstration Grand Opening Festival Circus Other Event Title: /1/4//19%ia/ c'° ; ND SAFETY DEPT. Eh/ED JUN 1 0 2004 Community Event Block Pad TIONAL CITY, CALIF. � Event Location: %P o:7%Q� S4 tic �9`v ` 9®® e /®`� A. � �) 4i/e17taei CO99 y f/ �® D. Event Date(s): From Lt q, ZZ to / Gidt. .Total Anticipated Attendance: • V Month/Day/Year / (SO Participants) (35d Spectators) Actual Event Hours: am/pm to d am/pm Setup/assembly/construction Date: Al y. 2 Start time: /0 4. iv) Please describe the scope of your setup/assembly work (specific details): 0D Gan tray 7 w.Y/,.. nsera" /4epae.r7 b6re ni" sD C�Airs anrX 564c4--a Fran es Dismantle Date: Completion Time: erneList any street(s) requiring closure as a result of this event. time of closing and day and time of reopening. 9 tJ // did,/k &7 c`/1 " 4vi hire, Include street name(s), day and Sponsoring Organization: NATIONAL CITY CHAMBER OE COMMERCE For Profit � t �i X Not -for -Profit Chief Officer of Organization (Name) .E t� . ®y = / /� Q e$, C (i Applicant (Name): Address: *Ragbag!OwM ter itatamt ': rliminMi Daytime Phone: (/) y27 923 j Evening Phone: (O'/9) 5',)Sp 1,2-9 Fax: ((/9) .5,,72 5©/J Contact Person "on site" day of the event: £ J/ , "7 Gt q Email s: e7i`.7li(A 2a7 `onoeic:°7-• Pager/Cellular: dr"9, J-9 / -T NOTE: THIS PERSON MUST BE iN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS Is your organization a "Tax Exempt, nonprofit" organization? /YES NO Are admission, entry, vendor or participant fees`required? ✓ YES NO If YES, please explain the purpose and provide amount(s): %icts21l"ai or) $ () 0 1 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ vZl 0 0 0 EstimatedExpenses for this event. $ yJ D 0 o 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. /}/q,ri'ena/ G. Yesf urtlnfs (,(ri7/ p. #7vmp/e.- of e.� re0 T; 7l�eve- a / d' q 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: YES X. NO Does the event involve the sale or use of alcoholic beverages? _ YES X NO Will items or services be sold at the event? If yes, please describe: _ YES )NO 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. X 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 ?. S Sizes /O X 1 NOTE: A separate Fire Department permit is required for tents or canopies. YES XNO 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:W/1/,6Q iOaced a'%" 74e,/estaura Tr oFTiia- fa.rrt&'pknrs 6,-e11A 7S 7�4e evenT. Ao9 w/// Ie, ke ofi' i4 o7 6>. a /or 'AA; Pr c/rEr� cans., If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): `4 VVV i VVV 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 -Co faAka a /SD c4i4,°.--r Crorn copy Fencing, barriers and/or barricades / s'7-e-e. -7 la 0. "c e e Cn o? eiiJ Generator locations and/or source of electricity Ce'd y gener-4rod, .4.e que,rtg� Canopies or tent locations (include tent/canopy dimensions) f o X ,/B y. e,ny"eaf cwnop; Booths, exhibits, displays or enclosures is arr e. Scaffolding, bleachers, platforms, stages, grandstands or related structures n one. Vehicles and/or trailers A'O J Other related event components not covered above oji Trash containers and dumpsters A'et k.i7 ` A e. by 4e,e c 0 ,` fa et (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.) %a,i'ei, ca oi' aiy.t®GO 41r°.-apa.ra/ Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: 3 Please describe your procedures for both Crowd Control and Internal Security: YES > NO 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: G®•ry 0.r>.-P �JArx are. r 1uAre--- Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. `,/a 7` Please describe your Accessibility Plan for access at your event by individuals with disabilities: le a, ArV'd Please provide a detailed description of your PARKING plan: Please describe your plan for DISABLED PARKING: /t a 1/4i�gk 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: • L/ ,y /� J/ A// P.r/l dPh t' W! A*,h 7i!t. A/D, 14/ // i4e. n �, (WW./ci et A u- c//e livGYr_) /P.ie r ca7 /8 e .rf pn e tNr✓P.ri 04eCo e. . NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. RYES 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 Stages: Number of Bands: / ,S X^C�iece. en.rG�»b�E Type of Music: 9 YES>(NO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm • YES X 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: .4 Sys7 i OA, I YES)<NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: >f° YES NO Any signs, banners, decorations, special lighting? If YES, please describe: E c A At'-4 [ wi°// %a Me_ Revised 10/3/01 a .4-7 i/aPir•✓?ttr�� ®r�.t Event: For Office 'Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote:: Kathleen Trees, Director Building g, Safety Department 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. NATIONAL; CO CHAMBER _OE COMMERCE, Organization Person in Charge of Activity Eli 74h /AliAe s Address 94/ /Yat`eint/ ie0GtkVal^d 9'9sa Telephone 6/9 5'22. 9 239 Date(s) of Use y/� arf� 4u. a' a.aay N. c. 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 to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant C.41ef c�xec�af�� t/Ft;•cer tJt,e. /a, 2 84Y Official Title Date For 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 a non-profit organization? X 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 to Question 3. Name of the sponsoring organization NATIONAL CITY CHAMBER OF COMMERCE Type of Organization Cowni� Or•et n; z-alvh (Service Club, Church, Social Service Agency, etc.) cl 3. Will the event generate net income or proceeds t the sponsoring organization? x 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. X. No (Please proceed to Question 5) R 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? X Yes (Please provide an explanation and details. TO f ' 1�. yGrA%±'nj exdUen.r-c 7j 7 eJ A/a 77 ,)i..,I Cry C. ar+m/ of C©mrn e P • 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: i< No (P lease sign the form and submit it with the TUP Application) Signature �uiie /0 P-40y ate 9