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2007 11-20 CC CDC AGENDA PKT
Agenda Of Regular Meeting - National City City Council / Community Development Commission of the City of National City Council Chambers Civic Center 1243 National City Boulevard National City, California Regular Meeting - Tuesday — November 20, 2007 — 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 and Community Development Commission (CDC) to he 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/Executive Director any matter that you desire the City Council or Community Development Commission Board to consider. We thank you for your presence and wish you to know that we appreciate your involvement. ROLL ('ALL Pledge of Allegiance to the Flag by Mayor Ron Morrison Public Oral Communications (Three -Minute Time Limit) NOTE: Pursuant to state law, items requiring Council or Community Development Commission action must be brought back on a subsequent Council or Community Development Commission 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 (619) 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. Spanish audio interpretation is provided during Council. and Community Development Commission Meetings. Audio headphones are available in the lobby at the beginning of the meetings. Audio interpretacion en espanol se proporciona durante sesiones del Consejo Municipal. Los auditfonos estan disponibles en el pasillo al principio de la junta. Council Requests That All CeII Phones And Pagers Be Turned Off During City Council Meetings ------------ --------------------- ------------------- --------------------- OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca. CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 11/20/07 - Page 2 PRESENTATIONS 1. Presenting a Certificate of Appreciation to Delfin Labao, founder of the Philippine American Society and Cultural Art Troupe. (Council initiated) 2. November 2007 Employee of the Month - Virginia D. Roe, Executive Assistant - Human Resources 3. Employee Recognition — Isaac Hollis III, Fire Battalion Chief 4. Mid -Year Crime Statistics Update. (Police) 5. Presentation by Costco 6. National City Sales Tax Update — Second Quarter 2007 (Finance) CITY COUNCIL CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters, which are of a routine or non controversial 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. 7. Approval of the Minutes of the Regular City Council/Community Development Commission of November 6, 2007. (City Clerk) 8. Approval of a motion to waive reading of the text of the 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) 9. Resolution of the City Council of the City of National City accepting conveyance of real property from Stebbins David Trust, directing the recordation of a street dedication easement grant deed for a parcel of land for street purposes located at 2409 Granger Avenue and dedicating and naming the parcel of land. (Engineering) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 11/20/07 - Page 3 CONSENT CALENDAR (Cont.) 10. Resolution of the City Council of the City of National City to approve, accept and file the Tidelands Industrial Park Final Subdivision Map (S-2006-7) with the County Recorder for recording. (Engineering) 11. Resolution of the City Council of the City of National City approving an agreement for a grant in the amount of $20,000 from the County of San Diego to use for the preliminary engineering of the Bayshore Bikeway Improvements and authorizing the Mayor to sign the agreement. (Local matching funds of $17,000 are available through Gas Tax Funds). (Engineering) 12. Resolution of the City Council of the City of National City awarding a contract to Portillo Concrete, Inc., in the amount of $254,500 for miscellaneous concrete improvements including curbs, gutters, sidewalks, and pedestrian ramps at various locations. (Funding will be through CDBG and Gas Tax.) (Engineering) 13. Resolution of the City Council of the City of National City awarding a contract to Republic ITS, Inc., in the amount of $314,760 for Safe Routes to Schools including installation of traffic improvements around seven area schools. (Funding will be through Caltrans Grant and General Funds). (Engineering) 14. Resolution of the City Council of the City of National City approving. a Specific Plan Amendment, approving a Negative Declaration, and authorizing the filing of a Notice of Determination for an existing Specific Plan (SP-2-90) on a 1.65-acre site on the north side of Plaza Boulevard, just east of 1-805 to accommodate a proposed 10,300 square foot retail development on two vacant parcels within the specific plan area. (Applicant: Schuss Clark, an Architectural Corporation) (Case File No. 2007-1 SP, IS) (Planning) 15. Resolution of the City Council of the City of National City adopting an Amendment related to the Police Department's records for the City's Records Retention Schedule for the destruction of City records. (City Attorney) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 11/20/07 - Page 4 CONSENT CALENDAR (Cont.) 16. Resolution of the City Council of the City of National City terminating the California Public Entity Insurance Authority (CPEIA) Joint Powers Agreement, and retaining the City's membership in the Excess Insurance Authority (EIA) for its excess workers' compensation self-insurance program. (City Attomey/Risk Management) 17. Warrant Register #17 for the period of 10/17/07 through 10/23/07 in the amount of $1,458,542.79. (Finance) 18. Warrant Register #18 for the period of 10/24/07 through 10/30/07 in the amount of $73,736.12. (Finance) 19. Investment Report for Quarter ended September 30, 2007. (Finance) 20. Neighborhood Councils Monthly Reports for September and October 2007. (Community Services) 21. Temporary Use Permit — Tijuana Toy Run hosted by Sweetwater Motorcycles on December 9, 2007 from 8 a.m. to 10 a.m. at 3201 Hoover Avenue with no waiver of fees. (Building & Safety) PUBLIC HEARINGS 22. Public Hearing — Amendment to the Combined General Plan/Zoning Map from Open Space Reserve (OSR) to General Commercial (CG-PD) on a 15.08 acre vacant parcel on the north side of Plaza Bonita Road, west of Sweetwater Road, and east of 1-805, and reviewing, considering and certifying a final Environmental Impact Report to assess project impacts of a Costco wholesale facility, delete/modify a mitigation measure regarding open space for the previously certified Environmental Impact Report for the Plaza Bonita Mall. (Applicant: Costco Corporation) (Case File No. GP- 2005-4, ZC-2005-3, EIR SCH #200311073) (Planning) 23. Public Hearing — Amendment to the General Plan for the 2005-2010 Housing Element Update. (Case No. 2007-33 GP) (Planning) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 11/20/07 - Page 5 PUBLIC HEARINGS (Cont.) 24. Continued Public Hearing — Time Extension Request — Tentative Subdivision Map to divide a 12,750 square -foot property on the east side of C Avenue between 8th and 9th Street, into eight residential lots with a Conditional Use Permit for one of the lots to have an accessory living unit. (Applicants: Alfonso Reynoso, Adolfo Gallegos, and Edgar Herrera) (Case File No. S-2004-6/CUP-2004-18) (Planning) **Continued from Council Meeting of October 16, 2007** ORDINANCES FOR INTRODUCTION 25. Ordinance rezoning a certain parcel of real property pursuant to the Land Use Code from Open Space Reserve (OSR) to General Commercial - Planned Development (CG-PD) on the north side of Plaza Bonita Road, west of Sweetwater Road, and east of 1-805 and adopting a final Environmental Impact Report to assess project impacts, delete/modify a mitigation measure regarding open space for the previously certified Environmental Impact Report for the Plaza Bonita Mall. (Applicant: Costco Corporation) (Case File No. GP-2005-4, ZC-2005-3 EIR SCH #2003111073) (Planning) 26. Ordinance repealing an increase in the salaries of the Mayor and City Council by repealing Ordinance No. 2007-2289. (City Attorney) ORDINANCE FOR ADOPTION 27. Ordinance rezoning certain parcel of real property pursuant to the Land Use Code from Single -Family Large Lot (RS-1) to Private Institutional -Planned Development (IP-PD) and a proposed Specific Plan for a non-profit philanthropic organization on a 6.85-acre site at 2505 and 2525 N Avenue and approving a Negative Declaration and authorizing the filing of a Notice of Determination. (Applicant: International Community Foundation) (Case File No. 2007-16 SP, IS, GP, ZC. (Planning) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 11/20/07 - Page 6 NON CONSENT RESOLUTIONS 28. Resolution of the City Council of the City of National City adopting an Amendment to the Combined General Plan/Zoning Map from Open Space Reserve (OSR) to General Commercial -Planned Development (CG-PD) and reviewing, considering and certifying a final Environmental Impact Report to assess project impacts of a Costco wholesale facility, delete/modify a mitigation measure regarding open space for the previously certified Environmental Impact Report for the Plaza Bonita Mall on a 15.08 acre vacant parcel on the north side of Plaza Bonita Road, west of Sweetwater Road, east of 1-805. (Applicant: Costco Corporation) (Case File No, GP- 2005-4, ZC-2005-3 EIR SCH #20031110073) (Planning) 29. Resolution of the City Council of the City of National City adopting an Amendment to the General Plan and Proposed Finding of No Significant Environmental Effect for the 2005-2010 Housing Element Update. (Case File No. 2007-33 GP) (Planning) NEW BUSINESS 30. Notice of Decision — Planning Commission approval of a Planned Development Permit for a Costco wholesale facility and a Conditional Use Permit for the sale of alcoholic beverages for off -site consumption at the proposed Costco wholesale facility. (Applicant: Costco Corporation) (Case No. PD/CUP-2005-7) (Planning) 31. Notice of Decision — Planning Commission approval of a Conditional Use Permit for sale of alcohol at the El Torito Restaurant in Plaza Bonita Shopping Center at 3030 Plaza Bonita Road. (Applicant: Fancher Development) (Case File 2007-54 CUP) (Planning) 32. Notice of Decision — Planning Commission Approval of a Conditional Use Permit for sale of alcohol at the California Pizza Kitchen Restaurant in Plaza Bonita Shopping Center at 3030 Plaza Bonita Road. (Applicant: Fancher Development) (Case File 2007-53 CUP) (Planning) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 11/20/07 - Page 7 NEW BUSINESS (Cont.) 33. Notice of Decision — Planning Commission approval of a Conditional Use Permit for sale of beer and wine at the Sharkey's Wood Fired Mexican Grill Restaurant in Plaza Bonita Shopping Center at 3030 Plaza Bonita Road. (Applicant: Fancher Development) (Case File 2007-55 CUP) (Planning) 34. January 2008 City Council Meeting Schedule. (City Manager) COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 35. Warrant Register for the period of 10/19/07 through 11/01/07 in the amount of $776,568.99. (Community Development Commission/Finance) 36. Investment Report for Quarter ended September 30, 2007. (Finance) STAFF REPORTS MAYOR AND CITY COUNCIL ADJOURNMENT Next Regular City Council and Community Development Commission Meeting - Tuesday — December 4, 2007 - 6:30 p.m. — Council Chamber - National City. TAPE RECORDINGS OF CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION MEETINGS ARE AVAILABLE FOR SALE IN THE CITY CLERK'S OFFICE ITEM #I 11/20/07 PRESENTING A CERTIFICATE OF APPRECIATION TO DELFIN LABAO, FOUNDER OF THE PHILIPPINE AMERICAN SOCIETY AND CULTURAI, ART TROUPE (COUNCIL INITIATED) City of National City Human Resources Department 140 East 12th Street, Suite B National City, California 91950-3312 Phone No. (619) 336-4300 Fax No. (619) 336-4303 MEMORANDUM November 6, 2007 TO : Chris Zapata, City Manager FROM Stacey Stevenson, Iluman Resources Director SUBJECT : EMPLOYEF: OF THE MONTH PROGRAM ITEM #2 11/20/07 The Employee of the Month Program communicates the City's appreciation for outstanding performance. In doing so, it recognizes employees who maintain high standards of personal conduct and make significant contributions to the workplace and community. The employee to be recognized in November 2007 is Virginia D. Roe — Executive Assistant By copy of this memo, the employee is invited to attend the Council meeting on Tuesday, November 20, 2007, to be recognized for her achievement and service. Attachment cc: Virginia D. Roe Councilmember Natividad Dionisia Trejo — Mayor/Council Office Human Resources — Office File SS:Igr Performance Recognition Program (2) ® Recycled Paper I nominate City of National City Performance Recognition Award Nomination Form 4-uf „--60 for the Performance Recognition Award for the following reasons: Please state reason why your nominee should receive an award, (i.e., examples of service beyond requirements of position, exemplary service to the public, outstanding job performance, etc). Do not to exceed 150 total words. Please be as specific as possible when giving your examples. FORWARD COMPLETED NOMINATION TO: National City Performance Recognition Program Human Resources Department Nominated by: (a I Signature: Date: II— L/r/ In June, 2006, a service restoration staffing plan matrix was created as the City sought to move forward in filling critical vacancies. At the time, the plan provided for 42 recruitments to fill 52 vacancies. After later reconsideration, 10 of the original positions slated for restoration were placed on hold, leaving 42 vacancies to fill. Since that time, all but one of the 42 vacancies has been filled, with that one slated to open for recruitment in early November, 2007. In addition to those 42 positions, there have been several additional recruitments associated with normal attrition. There are numerous tasks and responsibilities associated with filling each vacancy. Ms. Roc is the employee primarily responsible for overseeing/completing these tasks. Ms. Roc has overseen the administration of the processes to fill the 42 vacancies of the original restoration staffing plan as well as the numerous other vacancies that have occurred since that matrix was created. Included in her efforts has been the administration of several written and performance tests for the hiring of sworn Police personnel. Through her efforts, in partnership with their recruiting staff, the Police Department currently has only one sworn vacancy in the Police Department. City of National City Human Resources Department 140 East 12'" Street, Suite B National City, California 91950-3312 Phone No. (619) 336-4300 Fax No. (619) 336-4303 MEMORANDUM TE'1 #3 11/20/07 DATE : November 8, 2007 TO : Lavonne Watts, Executive Assistant IV (City Manager's Office) Josie Flores -Clark, Administrative Secretary (Mayor/Council Office) FROM Lilia Munoz, Executive Assistant II Vp SUBJECT : EMPLOYEE RECOGNITION The following City employee will be completing his thirty-five years of service with the City of National City on November 16, 2007: NAME : ISAAC HOLLIS III POSITION : FIRE BATTALION CHIEF HIRED : November 16, 1972 As part of the Employee/Retiree Recognition Program, the employee wishes to have the opportunity to receive a City Council Recognition at the Council Meeting of Tuesday, November 20, 2007. Please make the necessary arrangements if this is acceptable, and send confirmation of the schedule to Human Resources and the employee concerned. The commendation letter, anniversary pin, and gift catalog will be sent prior to the presentation. Thank you. xc: Fire Battalion Chief Isaac Hollis Chief Juniel PFCOGPRG.LxX. I Recycled Paper ITEM #4 11/20/07 MID -YEAR CRIME STATISTICS UPDATE (POLICE) ITEM #5 11/20/07 PRESENTATION BY COSTCO City of National City, California COUNCIL AGENDA STATEMENT 6 MEETING DATE November 20,2007 AGENDA ITEM NO. ITEM TITLE National City Sales Tax Update —Second Quarter 2007 PREPARED BY Jeanette Ladrido, CPA DEPARTMENT Finance x4331 Finance Director EXPLANATION The City has an on -going contract with Hinderliter, de Llamas & Associates (HdL Companies) for revenue management. Staff meets with a representative of HdL on a quarterly basis to review sales tax data and trends within the City and statewide. The HdL companies also review National City property tax data and provides an annual report of the Redevelopment project areas. Attached is the National City Sales Tax Update for the second quarter of 2007. This newsletter is also available on the City`s website. Environmental Review NIA Financial Statement N/A Approved Bv: Jean tte Ladrido, Finance Director Account No. STAFF RECOMMENDATION Accept and file the newsletter. BOARD / COMMISSION RECOMMENDATION I ATTACHMENTS ( Listed Below) Resolution No. National City Sales Tax Update —Quarter 2 2007 A-200 (9/80) National City In Brief he allocation for ';atiora! City s second quaver sacs was ' higher t:^:an the same per co one year ago. Actual sales act vity de- cline:: 7.8%, after accountng aberra- tions are 'actoreC c t. cr e5ne use tax carer.: Do'- stered rece.ps from the nea:h:mec- cal category and a recent acdi'ien ributed to :ne gain from restau- svth no alcchc' sales. Pay- ment anomalies in`iatec resui's from ne,v car dea'ers, sevice stat:crs. department stores and a tomctive suop y stores. After the deviatons are factored cureceipts from rew car deaie's oeclired 9 5', hi'e ce- partment store arc ser✓ice s-a:ion results were flat he housing slump pared revenue from lumber 1%01;r.g materials and saes declined in specialty retal and several add !Ionai categcres of General Consume• Goocs. easure the 1° transac- tions taxce.eralec ar add canal S2.011 667 • revenue tc the city over the same period. diusted for aberrationstaxable sales for a!! o' San D ego County de- clined 1 TV „ ompared to the second quarter of 2006- Southern Califor- nia. as a vitte. was do%vn 0 9'., e Sire f,Chi rfen liieldt for Ce.nnd Jnin-er Sales (Apr fun 2007) SALES TAX BY MAJOR BUSINESS GROUP 51,800,000 $1,600,000 S1.400,000 $1,200,000 51,000.000 S800,000 S600,000 S400,000 $200,000 S0 Autos and Transportation General Consumer Goods Building and Construction To 25 PR 011t,CERS Arco AM PM Mini Mart Auto Cash Access Ball Honda Acura Mitsubishi & Suzuki Circuit City Daimler Chrysler Finance Dixieline Lumber Frank Motors Hanson Aggregates Harrison Buick Highland Arco JC Penney Macys McCune Motors McLean Automotive Mervyns Mossy Nissan Paradise Valley Hospital Perry Ford Ron Baker Chevrolet Isuzu Ross San Diego Dodge South Bay Volkswagen Suzuki Sweetwater Harley Davidson Wal Mart Wescott Mazda Kia Restaurants and Hotels Fuel and Service Stations ■ 2nd Quarter2006 ■ 2nd Quarter 2007 Business and Industry REVENUE COMPARISON One Quarter — Fiscal Year To Date 2006-07 2007-08 Point -of -Sale S3,720,814 County Pool 423,300 State Pool 5,106 $3,779,444 4 35,3.15 3,605 Gross Receipts $4,I49,220 $4,218,394 Less Triple Flip" 5(1,037,305) 5(1,05,1,599) Gross Trans. Tax S0 52,011,667 •Iteimurscdfrom county compensation fund Published by The HdL Companies in Fan 2007 www.hdicompanles.com j 888:861.0220 Food and Drugs h, I I(II.; \IV.�. National City Sales On/ate w 0 SALES TAX, HOUSING AND THE GLOOMY ECONOMY The combination of declining home sales and prices, foreclosures and tight- ening credit have created new chal- lenges for local officials in forecasting the impact on sales tax revenues. Generally; the side effects are expected to be less than the real estate downturn of the 1990s which was accompanied by a national recession, high unem- ployment and escalating inflation. Despite layoffs in real estate and home construction, unemployment in California remains relatively low. The weak U.S. dollar has resulted in grow- ing export activity and tourism, and business investment in new technolo- gy continues. 'The impact on sales tax should be more regional and industry specific than in previous down cycles. Regional Areas that have enjoyed the highest growth rates in recent years are most likely to exhibit the smallest gains and possibly some revenue declines. At the peak of the housing boom in 2005, over 10"in of the country's dis- posable income came from home eq- uity loans. The reversal in home values should reduce spending in the Sacra- mento and Central Valleys, Inland Empire, and some portions of San Diego and the Central Coast. The San Francisco Bay area and Sili- con Valley are benefiting from a strong rebound in the technology sectors and rising tourism, and are expected to out -perform the rest of the state. The experience of other communities will be largely determined by the makeup of their specific tax bases. Sales Tax by Characteristic Communities that derive a high per- centage of their sales tax revenues from building materials or home im- provement merchandise could be im- pacted more than others as demand and prices drop through 2008. Al- though auto sales are more brand and dealer specific, this group as a whole, is expected to continue a downward pattern through spring. Statewide, sales of general consumer goods including apparel and soft goods are expected to grow 4%, although big ticket items such as furniture and ap- pliances may exhibit regional declines. Department stores arid discounters in lower income areas may also be flat or slightly down. Tax generation from restaurants, service stations, and grocers should continue to show moderate growth. Barring an international crisis, busi- ness investment in equipment and technology is expected to remain solid, although potential water and la- bor shortages may reduce agricultural spending. The Bottom Line The more media coverage of the hous- ing correction, the more conservative consumers and businesses become in their spending plans. How this plays out will probably not be known until the March 2008 sales tax receipts. At this point in time however, econo- mists predict slow or modest sales growth but not significant decreases. SALES PER CAPITA $8,000 $6,000 $4,000 $2.000 SO 02 13111! Ililllllllll 04 Natiunal City Q2 05 County 02 06 Q2 07 California REVE.Nt L 13t B1:J\1:' GROL National City This Quarter NATION Al. CITY- TOP 15 BUSINESS 'FVPES BusirgsuType New Motorrweb* Deaters'. LumberBading Mates Service Stations Restaurants NoA3cohot• Department Stores Discount Dept Stores Family Apparel Specfatt Stores`' Used Automott a Dealers Auto lease Electronics/Appliance HealUdMedica. Ardomotnie SupOly Stoles Wbmen's Apparel ugh! Industriateilnters Total All Aocowtts Comt�r3 Pool National City Q i17" . Change $1,432.9 1.5% 287 0 -17-6% 230.1 15.1% 211.8 2.2% 155.4 63 9% 143.1 0.8°i0 112.2 0.1% 93.1 -10.7% 84.6 -13.6% 75.8 14.9% 69.3 -16.3% 62.9 na 61.0 23 3% 58 4 -4.7% 57.0 -1.4% S3,779.4 County Change -1.6% 4.2% 9.1% 1.3% 7.2% 0.8% -8.2% -36.6°,6 2 5% 16.5% -3.4% 9.4% 4.3% 1.6% . 139E 439.0 2.5% Gross Ricsipt 54,213.4 1.7% Hd1 State Change -7.3% -6.896 4.2% 5.8% -1.6% 1.096 3.0% 1.2% .4.7% 11.490 1.3% -3.3% 0.2% /.994 A.5% 0.3% ITEM #7 11 /20/07 APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION MEETING OF NOVEMBER 6, 2007 (CITY CLERK) City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalia, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 To: Honorable Mayor and Council From: Michael R. Dalia, City Clerk Subject: Ordinance Introduction and Adoption ITFJ.1 #8 11/20/07 It is recommended that the City Council approve the following motion as part of the Consent Calendar: "That the City Council waive reading of the text of all Ordinances considered at this meeting and provide that such Ordinances shall be introduced and/or adopted after a reading of only the title." ® Recycled Paper City of National City, California COUNCIL AGENDA STATEMENT METING DATE November 20, 2007 AGENDA ITEM NO. 9 ITEM TITLE Resolution of the City Council of the City of National accepting conveyance of real property from Stebbins David Trust, directing the recordation of a street dedication easement grant deed for a parcel of land for street purposes located at 2409 Granger Avenue, and dedicating and naming the parcel of land. PREPARED BY Mauro Nebreja EXPLANATION DEPARTMENT Engineering EXT. 4395 Mr. David Stebbins, the owner of the property located at 2409 Granger Avenue has submitted a notarized copy of Grant Deed for a 5 foot street dedication for the City Council's acceptance and approval. The dedication is required for street widening for the installation of a sidewalk curb & gutter. The Grant Deed will be filed with the County Recorder. This Grant Deed is a requirement for the issuance of a building permit for a single family dwelling. Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION iio•t the Resol OARD / COMMISSJON RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Copy of the Notarized Grant Deed 3. Exhibit A stebbins A-200 (Rev. 7/03) RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING A CONVEYANCE OF REAL PROPERTY FROM THE DAVID STEBBINS TRUST, DIRECTING THE RECORDATION OF A STREET DEDICATION EASEMENT GRANT DEED FOR A PARCEL OF LAND FOR STREET PURPOSES LOCATED AT 2409 GRANGER AVENUE, NORTH OF 131" STREET, AND DEDICATING AND NAMING THE PARCEL OF LAND BE IT RESOLVED by the City Council of the City of National City that pursuant to Resolution No. 7083, the City Clerk is hereby ordered to execute a Certificate of Acceptance and to record the following instrument conveying an interest real estate to the City of National City: STREET DEDICATION EASEMENT GRANT DEED dated October 11, 2007, from the David Stebbins Trust (A.P.N. 564-071-02-00). BE IT FURTHER RESOLVED as follows: 1. That David Stebbins Trust has conveyed the real property described in the attached Exhibit "A" to the City of National City for right-of-way purposes. 2. That the City of National City desires that said property be dedicated for public right- of-way purposes. 3. That the descried parcels of land in Exhibit "A" shall henceforth be known as a portion of Granger Avenue. PASSED and ADOPTED this 20th day of November, 2007. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 24TH. ST. .:i SITE Q AJcoGAJ Ack:E3 AI'Ji J X AJ S ,ff�ro" SAN::.,gae/l IP /7 64 (IN C:"T` RECORDING REQUESTED BY WHEN RECORDED MAD. THIS DEED AND, UNLESS OTHERWISE SHOWN BELOW, MAIL. TAX STATEMENTS TO: SPACE ABOVE THIS LINE FOR RECORDER'S USE A.P.N. 564-071-02-00 Grant Deed The undersigned grantor(s) declare(S): Documentary transfer tax is $ ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: ( ) City of National City FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Stebbins David Trust hereby GRANT(S) to the City of National City an easement for public street purposes __, and 'he real property in the City of National City, County of San Diego , State of California, described as THE MOST WESTERLY 5 FEET OF STREET EASEMENT THEREOF FOR PUBLIC STREET PURPOSES OF THE SOUTHERLY 32 FEET OF NORTHERLY 72 FEET, LOTS 412 AND 413, LINCOLN ACRES, CALIFORNIA, IN LINCOLN ACRES ANNEX NO. 3, ACCORDING TO MAP THEREOF NO. 1754 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 11, 1923, THE SOUTHERLY LINE OF SAID PROPERTY BEING THE NORTHERLY LINE OF THE TRACT CONVEYED TO THE HOMELAND BUILDING COMPANY BY DEED DATED OCTOBER 31, 1928. RECORDER IN BOOK 1638, PAGE 35 OF DEEDS, RECORDS OF SAID SAN DIEGO COUNTY (SEE ATTACHED SPECIFIC PLAN) Dated State of California County of Sqa t71 CAD O ) On I %\• tJi before me, 1()tY)tIr C. 6/0ltvl,�,r !l t' T1 1i. pLAj(.a C , personally appeared AvID STSCSI r)S personally known to me (or proved to me on the basis of satisfactory evi- dence) to be the person4 whose name($ is / arfq subscribed to the within instrument and acknowledged to me that he / slt -/ t) executed the same in his / (>,Zfs,/ tf,r authorized capacity(K), and that by his / BSc / th,4r signatures(Aon the instrument the person( or the entity upon be- half of which the person$4 cted, execu te instrument. • WITNESS NESS my h Signature official s ignature of Grantor 17.>:u i TAT M141000111s mboslciessr N •'�W OFFICIAL SEAL QUINLIN R. IIOLMES DIARY PUBLIC-CALIFORNIA4, COMM. NO. 1492142 SAN DIEGO COUNTY MY COMM. EXP. JUNE 23, 2008 is area for official notarial seal) MAIL TAX STATEMENTS TO, Form 3195-4 (Rev. 5-94) This Document provided by Commonwealth Land Title Insurance Company fit. it I . 1 �-.• Iti 11 , r fv ` i h '..It'-' .11 ---�.. __i q. i / o !�i i / 1j �I. 1 it *°'... '' I , / City of National City, California COUNCIL AGENDA STATEMENT _..EETING DATE November 20, 2007 AGENDA ITEM NO. 10 ITEM TITLE Resolution of the City Council to approve, accept and file the Tidelands Industrial Park final subdivision map (S-2006-7) with the County recorder for recording. PREPARED BY Adam Landa DEPARTMENT Engineering EXT. 4394 EXPLANATION Tidelands Partners LLC., the owners of Tidelands Industrial Park located at 1445-1645 Tidelands Avenue, has submitted a final map for the City Council approval, acceptance, and filing with the County Recorder. The final map consists of one parcel with up to 40 commercial units. The Planning Commission has reviewed and approved the tentative map on October 2, 2006. The City Council reviewed and approved the tentative map by Resolution 2006-257 on December 2, 2006. The Engineering and Planning Department has also approved the final map. The map has no street dedications. J Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION opt the Reso . OARD / C MMI ON RECOMMENDATION The Planning Commission reviewed and approved the tentative map. ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Subdivision Map tidelands A-200 (Rev. 7/03) RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO APPROVE, ACCEPT, AND RECORD THE FINAL SUBDIVISION MAP FOR TIDELANDS INDUSTRIAL PARK LOCATED AT 1445-1645 TIDELANDS AVENUE WHEREAS, at a regular meeting of the City Council held on December 2, 2006, the City Council adopted Resolution No. 2006-257 approving the tentative subdivision map for Tidelands Industrial Park located at 1445-1645 Tidelands Avenue, generally described as: Being a subdivision of a portion of the California Southern Railroad (Predecessor of the Atchison, Topeka, and Santa Fe Railway Company) terminal grounds, as said terminal grounds are shown on map of National City, California, filed October 2, 1882, per Map No. 348, in the Office of the Recorder of San Diego County, state of California. WHEREAS, all requirements of the tentative subdivision map, the State Subdivision Map Act and Title 17 of the City of National City Municipal Code have been complied with. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the final subdivision map for Tidelands Industrial Park located at 1445-1645 Tidelands Avenue is hereby approved. BE IT FURTHER RESOLVED, that the Mayor, City Clerk and City Engineer are hereby authorized and directed to file said final subdivision map with the County Recorder. PASSED and ADOPTED this 20th day of November, 2007. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney MAP NO TIDELANDS INDUSTRIAL PARK CONDOMINIUMS CASE NO. S-2006-7 IN THE CITY OF NATIONAL CITY OWNER'S STATEMEN7 ♦.E HERESY STATE MAT W. ARE 114E OM4ER5 Cr, CR ARE NTERESTEO IN THE LANG EYE'ACED MT)O1 'HE SUBC14190N TO BE Kh0M1 A5 'TCELAN05 INGJSTR AL 'ARK CCMOOMRNUYS', AND NE HERESY CCNSENT TC ME PREPARATION µC RSGOROATIC4 OF 'H15 YAP CON9Sr.) OF 2 SHEETS AS CESCR BED IN ME CAR TICK ti 1FCF. TH'S 50B01N9J1 IS 4 CQIIGOIA410M FRO.ECT A5 CEFINE° RI SEC -ON 1351 IT: THE CIJ.L COO. OF ME STATE CF CAUFDRNIA, CCNTAININC A u>XWL'N CF t0 CC4NERC JNI-5 ANO 15 FLED PL'RSJµT -0 -WE SJBOINS ]N PAR AC'. rCELAN) 'MUTTERS L__. A :A,F0441A ,1Y'IEC IIA8IL. Ty COUPANY FY: 4AYE. n 1LE: DATE WE_L5 FARGO EANK. N.A., A NA -•OVAL ASSCCIATCN, AS 3E*EFCIARY LNOER DEED OF TRJST RECOiED DECEJYBER 14, 2005. AS MSTRLYE.4' 40. 2005-1C73421, 0irC:A. RECORDS BY NAIE: n ,1E: STATE OF CALIFCR.N A co."4', OF C4' BEFORE ME, DATE S.S. M N3TAR" PUBLC , PERSONALLY APPEARED AND PERSONALLY KNOAN '0 YE CR P9D8E7 TO YE OV THE SASS OF SAnSFACTO.RY EY.CENCE TO 8E ME PERSCN;S) 8440SE NAYE(5) IS/ ARE SLESCR EEC TO ME 1MTHM IN5'RUMENT AND ACKN3NLEDGEC TC YE THAT HE/SHE/THEY EXCEL TED ME SAME IN HIS/HER/1HE-R AUTHORIZED CM46!TV('ES), AND THAT B" MS/hER/THEIR 9OIAILRE(5) ON THE 1457RUMENr. ME PFRSCN(5; 0R THE E1TTY LFON BEHALF CF 'NIGH DE PERSCN(5) ACTED, EXECUTED '4E NSTR'JME1T. 88-NE55 4Y HAND S.VA"URE 'RINY 4AYE u' CCY4155']11 Env RES ]4 4Y PRINCIPAL 'ACE OF EU5'4ES5 S W COUNTY. SIGNATIIRE Ouj5SIQY STATEMENT 'HE SLYATURES CF THE PARTIES :.STED BELOW. O'AFIERS CY EA5EYE4T5 PER DOCLUENTS NOTED BELOW, HAVE BEEN 0A11T'E3 JIDER THE PROLI5ICN5 OF SEcncN 66A36. SOBSECTICM ) '(3)(A)(1) CF THE SJBpM90.N YAP AC-. S.NCE DIEM MEREST 15 SOP' MAT IT CANNOT R.PSV 'NTO A FIE TITLE AND SM0 5174ATURES ARE N0- REOLIREO BY THE GC'.FIN'4G BCCO 1. 'NE CAUFORNA WATER & 'E.EPH04E COMPANY, A CORRCRAIICN AS .HOLDER Cr AN EASEMENT CAR SAC LAND FOR -LURES CANALS CR AOJEOUCTS AND 1404'S 4C,]]EN-AL HERETO AS CRAN1EO "3 KI4BALL BROTHERS 'RATER CCAIRMY, BY DEE) RECORDED OCTOBER 14. '869 I.4 BOCK 7. 1TA05 124 CF DEEDS. 2. (INSF RAILWAY COAPAN", SUCCE55CR TO THE ATCH 504. 'OPERA AND SANTA FE RA"_WAY CCYPANY A5 HOLDER Y A4 EASEMENT PCR RA LRCA) RTC.- OF wAY ANC 1N DENTAL PURPOSES RECCR?EO ARRI_ 2. 1954 1N BCCN 5193, PACE 56 0' ]FF;C:AL RECORDS. 3. SAN CIEGO CAS AND ELECTRC COUPANY AS NCLDER Ci'HE F3L_O0A4G EASElE4.5, FCR EITHER CR ROTH ROLE LINES UNCEROROLN.O CONDI-115 µ0 14C'DENTAL 'JRP05E5 RECORDED UARC4 21. 195! RI BOOK 7011, PACE 87 OF 050041, RECORDS, FOR PUBLIC LTL:TES, INGRESS AN] CRESS RECCRCEC YM" 29. 1530 AS 1N5TRJUENT K0. BO-173550 CF CFFIOAL RECORDS MO FOR TRA45Y1S9O. AN'] OS-R EIJTON OF E_ECTR C TY, CEUTA.*CATON FAO_ITTE5 ANO APPJR c4ANCE5 RECORDED MARCH 15, 1989 AS INSTRUMENT AO. 89-13'537 ? OFFICIAL RECCROS. Burkett & Won Engineers 3434 4'H A'.F - SAN OIEGO, CAA. NIA 92133 TEE: ;6:9) 255-5550 - FAX ;6,9) 297-3129 9E4'G A 9)6C1'.190N OF A PO4"'>I CF ME CA_IFCRN':A S]UMERN PM'_ROAC 'PREOECE55CR OF ME A'C4'SOI, TOPEKA, µC SA.47A Fr_ RM_W4Y CDNPAN") IERYA'AI v'R'OONCS. AS SAID T_R411,A. GROUNDS APE SNCMI CM NAP OF 4A-01AL CITY CAFORWIA, F.EG OC:7BER 2. '882. PER YAP NC. 348,'5 Thy OFFICE CF -NE RECORDER OF SAN OEGO COUNTY, STATE CF CAJFORN.A. FCR COUPLE E NETS M.0 E0'.MCS LEGAL CESCR.PIICN y ME 900N'3ARY Ci THIS SU6C1'190N SEE CERDF50 1111,E COMPANY CESCPPT.0.4 ANO REPCR' Y4 FiLE 9. •HE CFFICS T ME STY (5)505R. SL'BC.,ISICN YAP GLARµNIFE BY COMVOSWEA,rh TAN? TITLE CCYPANY ORDER 4C. 0320718-EC9-611w OA'ED SEPTFu2ER 25. 2337 5'A1E 3' CAIFORNA y 5.5E COW, Cr ) CN 9EUCRE Ur A HOARY PUB'JC PERSONAL,' AP^EARED AVD PERSO,ALLY 1OIOAN TO YE M P5OLE0 TO YE ON }E BASIS Cr SARSFACTORY E'ADE4CE TO BE ME PERSON(S) WHOSE NANE(S; IS/ ARE 9J9SCAIREO TC 'HE WITHN PISTBLYEpr AND A040.0'w.EDCE3 TO YE TNAT +E/9C/14Er EXECUTE.'. 'HE SAYE Iv H15/.ER/THOU ALMCIB250 CARAOrt(IES), AN) TNAT BY HIS/HER/MDR SKi4A'JRE(5) 04 ME 1N5"RUNERT, `4E PERSONS) 0A ME ENTITY UPON 8E4AS Cr 844C4 TIE RERSCN(5) ACED. EXE0.'1EJ DE-NSIRJSCNI. MMESS YY .NO SOIATJRE RPNT Niue uY CCYYIS9@I EXPRES ON YY P94CPAE ".ACE LN' 9154ESS 15 IN 1a9r. CITY CLERIC'S STATEMENT Al. ROT. YOIAISOl. MAYOR, AND YIOUE. R. )4_LA. CIY 0,ERN OF ME CTr 3' NA-0.A_ ON, CAIf3RN1A, HEREBY CERTIFY THAT ME O^' CO.NOL BY RESCLU-C, NC. HAS APPROVE) M5 YAP. I A1SC CERTIFY MAT TIE PREFER PJBUC Nona HAS BEEN 51V6 APPROMNG ,15 S:90N5 ON. BY 9Y RCN NOD050v. u4YO1 ]ATE c1'Y 6 4ARO.. O"Y, CAL.FDIRRA 111olAEL R. )ALA, CITY CLERK Cr )ATE CITY Cr 4ABONAL 0T,, CALECR1:A SHEET I OF 2 SHEETS SURVEYOR'S STATEMENT 1, ,AME5 L uE`FR, A PRCFESS'CNA, Lµ0 SJR4E"CR, STATE MA- TIE SJRSEY C< '•45 SJBDR89CN WAS PACE B" NE OR LNCE8 UY DIRECTION 9ETAEE4 JANJARY 5. 2306 AN0 uARCM 7 2335 AND 5A0 SJR5EY 15 TILE AND CC4'.ETE A$ SHOWN: MAT ALL NON-MEN-5 ARE CF CHARACTER IND-CA TED ANC Cr:Cu,Y THE POSTICNS 54CWV lERECN, ANC ARE S..FFC E.47 TO ENABLE THE 5'JRVE" -C BE RETRACE] ;SEE LE$NO ON SHEET 2). JAuES L +f`ER L5 4307 EXP'RAnow, 5-2C-2CC8 CATE CITY ENGINEER'S STATEMENT YARI'AY BA9AK., 31F 0^f ENGINEER OF ME FAY OF NARONA'_ 01Y, HERESY STATE THAT MS YAP WAS (X41,.VED BY NE OA Lw7R N• CAECT SUPERNSIOA r+Ar ME SUBOIQW04 IS 9.BST*NILALT 'NC SANE AS I' APPEMEO M' ME 1EMAR5E YAP AVJ ANY APPROYEO A-,TRAT0V5 TYERECF, 1MA1 ALL PROVISIONS OF HE SUB•JI9SI0 NAP A:' C4 'ME STATE Ci CAUFCRNA AS AYECEO, AV' ANY LOCAL ORO,AVCE CF SAC OrY APPLICABLE A' 115E TIME CF R'E ...ROYAL 0" ME TENT'l91YE NAP 4AYE BEEN CT}IFLE0 W1T11 AVJ I AN SA1ISEYD MAT MS YAP IS TECHNICALLY CCRREC.. NM"AY BA9AA' ❑TY E'GIEE.R RCE AI/3 DOMES 3-3'-011 1 AY SA'Si1EC ,AT M5 YAP R TEOINICALLY CCORECT 4'J1, NOCK VSUY'_h' 5 B241 EXPIRES 12-3'-07 CA 1E DATE TAX COLLECTOR'S CERTIFICATE I, MCUAS J. PA5TU5ZXA, CLEAN O ME BOARD OF SU4FRVISCRS HEMP' :ERNY MAT 1HE FRCMSCNS OR ME S'JBCP.ISO. YAP AC' CO ISOI 2 O 1111E 7 OF ME OC'ERVUE41 CCM') RECMCNC (A) OEPO5T5 FCR TAXES AHD ;e; CERTPI:ATON Or TIRE ABSENCE 0E LIENS 'OR VITAL STATE. CCIA.TY, Y'JNCPAL. OR LOCAL 'AXES OR SPECIAL ASEE5511E415 CCL.ECTEO A5 TAXES EXCEPT 'NOSE NET TET 4A1ABLE, -.AVE BEEN CCYP'JEO 'wM, MO+IAS A PASfVSZKA DEIIX O ME SCARE CF' SL.PORV.SCRS DEPUTY CATE. RECORDER'S CERTIFICATE FLE NC. CREGYR" J. 5MI'{ RECORDER OF "4E COURTS CF SAN 0EGO. )ERE6Y CERTIFY THAT HATE ACCEF TED FOR RECCRCATI04 INS MAP 47 THE .REOLEST OF JAMES .. METER FILED THIS_ DAY a 2007. A'_ D'CLOCH. AY/PY. FEE. $ IC CO GREGORY J SUIM , C0U4"C RECORDER BY: CEP'J^C `CAS Na S-: W9-2 I CC5 83C '.822-6, 292 1 LC. 182-1.731 MAP NO CONVERGLNCE MOLE AT S-A. 1231 .-002e'30.499' COMBINED SCALE FAC'W . 1.0000260 0R:O DISTANCE..SRD/ND D'STANCE CCM&NEC SCALE FACTOR R•789.49' W W � N o 92'55,07.. (R - - h'277<'14'E 23 rig ;A252a'3C`) \ 1 0 07' N 62'45'46-_W iRL e0' 0t J \ `\`IB LEGEND .NJ CA-$ SJ901V19c.' R.D.CATES CENTER:AAE. TIDELANDS INDUSTRIAL PARK CONDOMINIUMS ��;TION,, OF TJOrLANOS C17Y C= NIA MAP NC. 34,c, TERMINAL R:) ATCHSON, TOPEKA AND SANTA FE RALWAY COMPANY R oFfr-OF-WAY Q N 7213".4- E (R) NDK.ATES RECORD DATA PER DEED C0CJ4E5T NO 20G5-127342D, RED. DECEM&ER 4. 2003 ... .. . ( ) ) PoOICATES RECORD DATA PER EASEME*- 07CVMENTS 1.Y01CAIE5 RECORD 7A7A PER RECCRC 0, SMRVEY N0. 969' •NIICA7E5 SET 2'% 24' NON PIPE W174 DISK STAMPED ';5 4307' .............. .... . 0 IAOCATES 5ET 80A" SP:RE 1W7M WASHER STAMPED 'i5 43C7'. NG,CA TES SET LEAD AND DSN STAMPED 'u 43017, . 0 ■ $R♦ INCICATES RECORD 40YJMENrS AS NOTD .0 ABBREYUT7ONS R./MATES RACIAL 9EAR1A'S (R) NOTES 1. TOTAL NL,M9ER OF LOTS FOR THIS 5J93NS`Ov �5 1 2. AREA C< 51T80'.151CA . 4.47 ACRES 3. AA. 015'ANCE5 A97/CR MOi45 54Cw4 W'M0LT CEGwALS RE>RESEN" -.TAT DISTANCE TC 2ER5 NUNOREO'14S. Ra 417'46'46'W 387.55' �'902'30'E ;513'373J C; PLOTTABLE EASEMENTS jAN EASENEN1 ;RANTED 70 BASF RA.LWAY �IPANT, SUCCESSOR Tc THE ATCd'5ON TCPEKA AND SANTA FE RAkw'AY CO. FOR RA;ROAO RIGHT CF WAY ANC NC10EATAL PURPOSES. RECCR3E) APR'_ 2. '95, N BC04 5153, FAGS 55 OP 0R. EASEMEY" (RANTED TC SAN O'SGo GAS & E.ECIRIC COMPANY F0F EI94ER CR BJ-d PCL6LNE5, U.NDERGROJ'AD CCAJJIS ANC RICCENTA',, PURPOSES. RECORDED MAREN 72. 195E R. 6071( 70,1, PACE 97 OF 7R. NON-PLOTTABLE EASEMENTS AN EASEMEN" NCW CRAATEO "0 [ALTURAIA 'MAIER & TELE.,, N%E . �'w-Q y CP CD 46,500, A CORPORILRON ('. 000S' PASSED FROM UECUCT. BPO'MEAS W4'ER cc.) FOR ELUMES. CANA:S, 0? 4000000T5 AND \� 9:04T5 :.4a3E4'4L 7MERE,0 E" DEED RECORDED xTOBER 14, 1883 N BOOK 7, PACE IN OF DEEDS. AN EASEMENT GRANTED -0 SAN GIECO G55 & ELECTRIC CON>ANY FOR PJ9.2. 'J7L1'1ES. 'NCRESS ANC EGRESS A5 REGORGED Me• 29. 19133 AS PIS'RUMEv' .0. 80-172552 0, OR. AN EASEMENT GRAN'E7 7D SAN DIEGC 6A5 E1 ELECTRC CONPA4" FOR 'RANSMISSIOI. AND 0STR2)70N Cr ELECTRC.TY, COM*LN.CAt04 F4CE'RES MG APPURTENANCES RECORDED MARCH 1^. '989 A5 NSTRUMENT N0. 8S-I31527 OF OR. A NON-PL0TT4B.E EASEMENT FOR 2 ROACMATS, 24 FEET MOE OR .E55 FOP .NGRESS 0.0 EGRESS FROM AN0 TO TDELAN05 AK4VE OVER ALJOO NC PROPER," TO T4[ WEST. RECORDED APR0. 2. 1954 IN 37CK 5193, PAGE 37 3F OP 40 SC C LOT 1 AREA = 4.47 ACRES 4 01'CS'I4' E 972' 0 0,0'30" W 10.32) F, ( 1 SHEET 2 OF 2 SHEETS �POJND PA NAIL (40 TAG) PER PEC03% Cf 5'.:R3E1' 40. 969', USED, 7OR I.AONLY gi HARRISON • AVE. 1 N 17'46 i8' `R 1690.39' 3'0 l"IO�A� , y8000'= Er I / 1329.60''I 1 � �. �L'T FJIL9 I` w RAILROAE ;j5M.[. • 4' 1RDA• PIPE' ' h,, 3 n3» PUNCI•..40 JEv-L2 vE OF TRAC{ - 4C RECC'/RJ. ILLE019Lc R•388.02' N7273''4'E (R)\1./ Z �I h- = TCL4O 740-J AAL AN7 l© L-59.60' - -. 216T' \ ``-• z cw, ND i D.848'00' Cd'S8'E''A' R.g08.C2' 1 aT AD' I R[coa3 1 50 ' n62.67' `, 1 a w W . �¢^ N.7.46.46- 'W ^" v i ;5 '3'72'39'E: 'R I 0F�gATr�S is P I (`•_ CJ') I / ° '1 •U n- I 3 < �NUF ZI ZI �' �. <m / IIz 17Cw)TY MAP .0 1C.11 �I 4 670"32' E (R) Ai :.4;: "• R4,3-2 "TU 9 27. 3F .1 a0 4'a1' r 1 :Dch 4.4. 40 fl CLEVELAND AVE' L-. I" I I mo 1 n 3 6D�.J L II n 127' 1 i I I N TI 7. I .r R^ I C �g N S. N1 Ta6'a6'.N^ I •79. a9' I V Z (419'C23D'W) _I I' rr°' I .0.I d / I � 1- v83ro7S1'W 69.O>' ' ' --.2,..,j;584` 7'35'C ]1.85); T jam'/ ( /S T 1 or `h',81'45'45' W (R' C �p I -:OJNL 8A:LROA) S0I{E PER RECCRC OF SARSE" N0. 96S, A1.0 FARM MAP AD. 50B1 BASIS OF BEARINGS ]NE 3A515 (7' DEAMNCS FOR MRS NAP 15 TN: NAO e3, ZONE E. CRC BEARING BE -WEER C'TY OF SAN 2IEOD GPS MONLI4ENT5 N0. 1231 a (N 1.82..156. 37. E 6,295.373.20) ANC ND. a 1232 (N 1,8'A4,336.47, E 6,208,132.69) PER RECORD CF SURVEY NAP NC. 14a92 I.J LE. N 66'37'39' W O' '14L C012BNE0 SCALE FACTOR AT STADCN A3. 1231 15 '.0000260. CNN GRID CI5TAAOE.GRO:)4D DISTANCE Y • . CC431.NE0 SCALE FACTOR. }STANCES 53OwN ON TNS LAP ARE GR7JIR5 RALLIES UA-ESS 5.4 O'MFRWSE BASIS OF BEARINGS DETAIL NOT TO SCALE re. 25' ERASE D15K Ir. WE:L Nov. ACCEPTED A5 STA. 1231 PER ROS 1.402 /N T,824.17E.3C / £ 9.295.373.30 c 86'3739' w 2363.93' GR10� \r NC8,9'12'w aYC 9.78' GRID j8i'j Ae N'74 % .*YEM ��A ySE I 1�' ~' c L£A5, s BRA55 1AG, 1 L. PEC£>S7 A5 S.A. 12.,2 P5R R05 14452 N '.92a.,35.47 £ 6.239132E5 _ _ _ _ _ _ _ -'< .4.1 0- 1 ' r S 87'45'46' E (..R)GO34,.. 1 / S 89'01'30 E) • ( 0E"49'54"E 7.87' L010' >� NO3RECORDR AI£q E. ((N6C'36'15I',) ,' \�.' LSO Lr.NE 7NLY 4 86'00'30' W (R1/..222...` Burkett & Wong Engineers 3434 AT. AVE - 5AN 7EGO. C4LFORMA 92102 TEL (519, 29i-3550 - FAK' (619) 297-2,89 IC45E AO S-2:06-7 I CGS 83". '.822-5.2 2 ' U 162-, 731 MA TIDELANDS INDUSTRIAL PARK CONDOMINIUMS CASE NO. S-2006-7 IN THE CITY OF NATIONAL CITY THE LAND IAL PARK ;ORDATION OF OF, 1 OF THE COMMERCIAL BEING A SUBDIVISION OF A PORTION OF THE CALIFORNIA SOUTHERN RAILROAD (PREDECESSOR OF THE ATCHISON, TOPEKA, AND SANTA FE RAILWAY COMPANY) TERMINAL GROUNDS, AS SAID TERMINAL GROUNDS ARE SHOWN ON MAP OF NATIONAL CITY, CALIFORNIA, FILED OCTOBER 2, 1882, PER MAP NO. 348, IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY, STATE OF CALJFORNIA. FOR COMPLETE METES AND BOUNDS LEGAL DESCRIPTION OF THE BOUNDARY OF THIS SUBDIVISION SEE CERTIFIED TITLE COMPANY DESCRIPTION AND REPORT ON FILE IN THE OFFICE OF THE CITY ENGINEER. SUBDIVISION MAP GUARANTEE BY COMMONWEALTH LAND TITLE COMPANY ORDER NO. 03207146-609-611W DATED SEPTEMBER 25, 2007. STATE OF CAUFORNIA COUNTY OF ON } S.S. BEFORE ME, SURVEYOR'S ST1 r, JAMES L. MEYER, OF THIS SUBDIVISION JANUARY 5, 2006 At% COMPLETE AS SHOWN AND OCCUPY THE PO THE SURVEY TO BE JAMES L. MEYER EXPIRATION: 6-30-20 GATE: CITY ENGINEER'S 1, MARYAM BABAKI, THE C THIS MAP WAS EXAMINED SUBSTANTIALLY THE SAME ALTERATIONS THEREOF, TH CAUFORNIA, AS AMENOEO, OF THE APPROVAL OF THE THAT THIS MAP IS TECHNIC A NOTARY PUBUC . PFRSrwu I V City of National City, California COUNCIL AGENDA STATEMENT ,EETING DATE November 20, 2007 AGENDA ITEM NO. 11 ITEM TITLE A Resolution approving an agreement for a grant in the amount of $20,000 from the County of San Diego to use for the preliminary engineering of the Bayshore Bikeway Improvements and authorizing the Mayor to sign the agreement (Local matching funds of $17,000 are available through Gas Tax Funds) PREPARED BY Alberto Griego EXPLANATION See Attached Explanation. DEPARTMENT Engineering EXT. 4386 Environmental Review X N/A MIS Approval Financial Statement Approved By: te Direct Matching local funds are available through the Gas Tax Fund Account No. 1-409-50no0-598-6o35 in the amount of $17,000. Account No. STAFF RECOMMENDATION ... = OARD / ON RECOMMENDATION N/A t the Re 'on C' le to send signed agreement to County. Re M SI ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Grant Agreement (2) grant AA-200 (Rev. 7103) EXPLANATION: On May 15, 2007, the County of San Diego, through Supervisor Greg Cox's office, approved a grant for National City from the Community Projects Budget in the amount of $20,000 to use for the Bayshore Bikeway preliminary engineering phase. The City will match this funding in the amount of $17,000 from the Gas Tax Funds. On June 19, 2007 by City Council Resolution No. 2007-136 the City accepted the grant. The County then proceeded to draw the grant agreement documents. The County has issued an Agreement (attached) that has been reviewed by the City Attorney. SANDAG will oversee the preliminary engineering work which will be done by one of its on - call engineering consultant firms. The length of the section of bikeway considered in this grant is approximately 6,200 linear feet which is located at Tidelands Avenue from Civic Center Drive to West 32nd Street. RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A GRANT AGREEMENT WITH THE COUNTY OF SAN DIEGO IN THE AMOUNT OF $20,000 FOR THE PRELIMINARY ENGINEERING OF THE BAYSHORE BIKEWAY IMPROVEMENTS WHEREAS, on May 15, 2007, the County of San Diego approved a grant for the City of National City from the Community Projects Budget in the amount of $20,000 for the Bayshore Bikeway preliminary engineering phase; and WHEREAS, on June 19, 2007, the City Council adopted Resolution No. 2007- 136 accepting the grant. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the Mayor to execute a Grant Agreement with the County of San Diego in the amount of $20,000 for the preliminary engineering of the Bayshore Bikeway Improvements. Said Grant Agreement on file in the office of the City Clerk. PASSED and ADOPTED this 20th day of November, 2007. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney October 19, 2007 City of National City Attention: Alberto Griego 1243 National City Blvd National City, CA 91950 Dear Alberto Griego, 1001OCT 22 P 3: 13 Enclosed are revised Community projects agreements per your request. In order to receive these funds, you must enter into an agreement with the County that specifies the responsibilties you have with respect to the use of these funds and accounting for them. Two copies of the Grant Agreement are enclosed for your review and signature. Please read the Grant Agreement carefully, sign both copies, and return them both to the Office of Financial Planning in the enclosed self-addressed envelope at your earliest convenience. Upon receipt, I will sign and date them and will return one of the original agreements to you along with a check for the amount of the grant. Please allow two weeks processing time from when we receive the signed agreements from you to when your check will be ready. If the agreement requires you to raise matching funds, the agreement and check will be sent after you have submitted proof that you have obtained the matching funds. The effective date of the agreement will be the date that we generate the check. You will have 12 months from that date to spend the grant funds. In addition to the executed Grant Agreement and the check, your packet will include a form titled "Documentation of Grant Expenditures." As the agreement states, you must complete this form and send it together with supporting documentation to my office as soon as the grant funds have been expended, but no later than 13 months after the effective date of the Grant Agreement. Note: If you previously received either Community Enhancement or Community Projects grant funds for which the "Documentation of Grant Expenditures" report is overdue, your new payment will be held until you submit that documentation. Should you have any questions regarding this process, please contact Michelle Mitchell at (619) 531-6017. OFP:JEP:mmm Enclosures Count% office use only I' Iu01838 0- 15650 Ii S;664 990 A- 100123 Supplie' ;! 1114069 STANDARD GRAN'I' AGREEMENT BF,f'WEEN THE. COUNTY OF SAN DIEGO AND City of National City This grant Agreement is entered into between the County of San Diego, a political subdivision of the State of California (County), and City of National City , a Non -Profit Califomia Corporation (Grantee) and is effective on WHEREAS, the County wishes to reinvest taxpayer finds in the community to benefit the public by providing grant funds to community -based organizations that assist in meeting the social, cultural and recreational needs of County residents; and WHEREAS, on 5/15/2007 (8), the Board of Supervisors allocated the grant funding set forth in this Agreement for the purpose described in this Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Purpose of Grant. Grantee shall use the grant funds provided by County' under this Agreement solely for the following purpose: for design, engineering and environmental work to complete segment 5 of the Bayshore Bikeway. 2. Term of Agreement. The term of this Agreement shall be for 13 months starting on the effective date as specified above. 3. Deadline for Use of Grant Funds and Documentation of Expenditures. (a) Grantee shall spend all grant funds provided by the County for the purposes specified in Paragraph 1 within 12 months of the effective date of this Agreement as specified above. (b) Grantee shall complete Documentation of Grant Expenditures setting forth Grantee's total actual expenditures of the grant funds provided under this Agreement. Grantee shall submit this documentation to the County's administrator promptly after spending the grant funds, but in any event, before the end of the Term of Agreement specified above. If the parties agree to extend the Term of Agreement, Grantee shall submit this expenditure documentation before the end of the extended Term. If County's administrator requests additional information regarding Grantee's expenditure of the grant funds, Grantee shall promptly submit the requested information to County's administrator. (c) If after reviewing Grantee's expenditure documentation, the (:ounty's administrator: (i) determines that the Grantee failed to spend all of the grant funds: (ii) disallows any expenditure by Grantee: or (iii) determines that the grant funds provided exceed Grantee's total actual expenditures authorized wider this Agreement; Grantee shall refund to the county the amount specified by the County's administrator. Grantee shall make this refund within seven days after receiving a written request for refund from the County's administrator. In its sole discretion, the County may offset the refund amount from any payment due to or to become due to Grantee under this Agreement or any other agreement with the County. (d) If Grantee fails to provide the required documentation of expenditures as required in Subparagraph (h) above, the County's administrator may request Grantee to refund to the County all or any portion of the grant funds provided under this Agreement. Within Rev. 12/15/05 (e) (0 seven days of receipt of a written request for a refund, Grantee shall refund to the County the amount specified by the County's administrator. Grantee's failure to comply with this refund requirement shall constitute a material breach of this.Agrecment. If Grantee incurs expenses before the County pays the grant under this Agreement, the County will reimburse Grantee in an amount not to exceed the amount specified in Paragraph 4 upon submission of documentation to County's administrator setting forth Grantee's actual expenditures for the purpose specified in Paragraph 1 and approval of the documentation by County's administrator. if Grantee fails to use all grant funds as specified in Paragraph 1 above before the deadline specified in Subparagraph (a) above, Grantee may request an extension of the Penn. Grantee shall make any such request in writing at least two weeks before the deadline specified in Subparagraph (a) above. Grantee and the County's administrator may agree in writing to extend the Tenn of Agreement for a maximum of three months to allow Grantee additional time to spend the grant funds for the purpose specified in Paragraph 1. 4. Amount of Grant. 'The County agrees to pay Grantee a grant of $20,000.00. Under no circumstances is County obligated to pay Grantee more than this amount. County shall pay Grantee after County receives a signed copy of this Agreement from Grantee. 5. Administrator of Agreement. The Office of Financial Planning in the Auditor and Controller's Office shall administer this Agreement on behalf of the County, and Alberto Criego at (619)336-4386 shall administer it on behalf of Grantee. 6. Notice. All communications from Grantee to the County shall be sent to the Chief Financial Officer as listed below. Any notice or notices or other documentation required or permitted to be given pursuant to this Agreement may be personally served on the other party by the party giving such notice, or may be served by certified mail, postage prepaid, return receipt requested, to the following addresses: County: Grantee: Chief Financial Officer Office of Financial Planning County of San Diego 1600 pacific Highway Room 352 San Diego, CA 92101 City of National City 1243 National City Blvd National City, CA 91950 7. Audit and Inspection of Records. At any lime during normal business hours and as often as the County may deem necessary, the Grantee shall make available to the County for examination all of its records with respect to all matters covered by this Agreement and will permit the County to audit, examine and make excerpts or transcripts from such records, and make audits of all invoices, inaterials, payrolls, records of personnel and other data relating to all matters covered by this Agreement. Unless otherwise specified by the County, said records should he made available for examination within San Diego County. Grantee shall maintain such records in an accessible location and condition for a period of not less than four years following receipt of final payment under this Agreement unless County agrees in writing to an earlier disposition. The State of California or any Federal agency having an interest in the subject of this Agreement shalt have the same rights conferred upon County by this Agreement. Rev.t2/ti/0c 7 8. Termination of Agreement for Cause. If Grantee fails to perform its obligations according to this Agreement, the County may send Grantee a written notice of default that specifies the nature of the default. Grantee shall cure the default within three days following receipt of the notice of default. If Grantee fails to cure the default within that time, the County may terminate this Agreement by giving Grantee written notice of immediate termination. Upon tertination, Grantee shall promptly provide County's administrator with Documentation of Grant Expenditures setting forth Grantee's total actual expenditures for the purpose of the grant as of the effective date of termination. Grantee shall promptly refund to County all funds County paid to Grantee under this Agreement that exceed Grantee's total actual expenditures for the purpose of the grant, as determined by County's administrator, as of the effective date of termination. The County may also seek any and all legal and equitable remedies against Grantee for breaching this Agreement. 9. 'Termination for Convenience of County. County may terminate this Agreement at any time by giving written notice to Grantee of such termination and specifying the effective date thereof at least 30 days before the effective date of such termination. On or before the date of termination, Grantee shall provide County's administrator with Documentation of Grant Expenditures setting forth Grantee's total actual expenditures for the purpose of the grant as of the effective date of termination. Grantee shall promptly refund to County all funds County paid to Grantee under this Agreement that exceed Grantee's total actual expenditures for the purpose of the grant, as determined by County's administrator, as of the effective elate of termination. 10. Termination for Convenience of Grantee. Grantee may terminate this Agreement at any time by giving written notice to County's administrator of such termination and specifying the effective date thereof at least 60 days before the effective date of such termination. On or before the date of termination. Grantee shall provide County's administrator with Documentation of Grant Expenditures setting forth Grantee's total actual expenditures for the purpose of the grant as of the effective date of termination. Grantee shall promptly refund to County all funds County paid to Grantee under this Agreement that exceed Grantee's total actual expenditure for the purpose of the grant, as determined by County's administrator, as of the effective date of termination. II. Assignment. Grantee shall not assign or transfer any interest in this Agreement (whether by assignment or novation), without the prior written consent of the County. 12. Interest of Grantee. Grantee covenants that Grantee presently has no interest, including, but not limited to, other projects or independent contracts, and shall not acquire any such interest, direct or indirect, which would conflict in any manner or degree with Grantee's completing the purpose of the grant as specified in Paragraph 1. Grantee further covenants that in the performance of this Agreement, no person having any such interest shall be employed or retained by Grantee. 13. Publication, Reproduction and Use of Material. No material produced, in whole or in part, under this Agreement shall be subject to copyright in the United States or in any other Country. The County shall have unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 14. Insurance. Grantee shall maintain insurance against claims or injuries to person or damages to property that may arise from or in connection with the use of the grant funds by Grantee, its agents, representatives, employees, volunteers or subcontractors. The cost of such insurance shall be borne by Grantee and coverage limits shall be a minimum of $1,000,000 General Liability per occurrence/$1,OOO,000 aggregate for operations, products and completed operations for bodily injury, personal injury' and property damage; $500.000 Automobile Liability per accident for bodily injury and property damage; and Workers' Compensation and Employers Liability insurance as required by the California Labor Code. County shall retain the right at any time to review the coverage and amount of insurance required. Grantee may satisfy the requirements of this paragraph 14 by maintaining its lawful self -insured status during the terra of this agreement. 15. Independent Capacity. In the performance of this Agreement, Grantee and its agents, employees and volunteers shall act in an independent capacity and not as officers, employees. agents or RcN'. 12'15/05 3 volunteers of the County. This Agreement does not create an employment relationship between Grantee and the County. 16. Equal Opportunity. Grantee will not discriminate against any employee, or against any applicant tor such employment because of age, rice, color, religion, physical handicap, ancestry, sex, or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer recniitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 17. Defense and Indemnity. To the fullest extent permitted by law, County shall not he liable for, and Grantee shall defend and indetnify County and its officers, agents, employees and volunteers (collective, "County Parties") against any and all claims, deductibles, self -insured retention's, demands, liability, judgments, awards, tines, mechanics' liens or other liens, tabor disputes, losses, damages, expenses, charges or costs of arty kind or character, including attorneys' fees and court costs (collectively, "Claims"), which arise out of or are in any way connected to County's provision of grant funds andfor Grantee's use of grant funds under this Agreement arising either directly or indirectly from any act, error, omission or negligence of Grantee or its officers, employees, volunteers, agents, contractors, licensees or servants, including without limitation, Claims caused by the sole passive negligent act or the concurrent negligent act, error or omission, whether active or passive, of County Parties. Grantee shall have no obligation, however, to defend or indemnify County Parties from a Claim if it is determined by a court of competent jurisdiction that such Claim was caused by the sole active negligent act or willful misconduct of County Parties. 18. Governing Law. This Agreement shall he construed and interpreted according to the laws of the State of California. 19. Complete Agreement. This Agreement constitutes the entire agreement between Grantee and County regarding the subject matter contained herein. All other representations, oral or written, are superseded by this Agreement. Neither party is relying on any representation outside of this Agreement This Agreement may he changed only by written amendment signed by both parties. 20. Waiver. The failure of either party to enforce any term, covenant or condition of this Agreement shall not be construed as a waiver of that party's right to subsequently enforce this, or any other term, covenant or condition of this Agreement. No waiver shall be deemed effective unless the waiver is expressly stated in writing and signed by the party waiving the right or benefit. 21. Consultation with Counsel. Each party has had the opportunity to consult with independent legal counsel of its own choosing before executing this Agreement and has executed this Agreement without fraud, duress, or undue influence of any kind. 22. Interpretation. The provisions of this Agreement shall be liberally construed to effectuate its purpose. The language of all parts of this Agreement shall be construed simply according to its plain meaning and shall not be constntcd for or against either party. 23. Corporation Qualified to Do Business in California. If Grantee is a California corporation, Grantee wan -ants that it is a corporation in good standing and is currently authorized to do business in California. 24. Terms and Conditions Survive Expiration of Term of Agreement. Unless otherwise specified herein, all terms and conditions of this Agreement shall survive the expiration of the Term of Agreement specified in Paragraph 2 above or the termination of this Agreement under Paragraphs 8, 9 or 10 above. f Remainder of this page left blank intentionally] Rev 12/15/05 4 25. Remedies. The rights and remedies in this Agreement are in addition to, and not a limitation on, all other rights and remedies available at law or in equity, and exercise of one right or remedy shall not be deemed a waiver of any. other right or remedy. WIIERF.FORE, the parties execute this Agreement on the date first written above. COUNTY OF SAN DIEGO GRANTEE By: Chief Financial Officer or Designated Representative Jancl Pchau, Director Office of Financial Planning 2. By: Date_ Print Name and Title By: Date Print Name and Title [Note: if Grantee is a California non-profit corporation. need 1 signature from each of the following 2 groups: (1) Executive Group: President, Vice -President or Chairman of the Board; and (2) Management Group: Secretary, Assistant Secretary, Assistant Treasurer or Chief Financial Officer.] (Corp. Code § 5214.) Return This Agreement Rev.12;15/05 5 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 20.2007 AGENDA ITEM NO. 12 IITEM TITLE Resolution of the City Council of National City awarding a Contract to Portillo Concrete, Inc., in the amount of $254,500 for miscellaneous concrete improvements including curbs, gutters, sidewalks, and pedestrian ramps at various locations (Funding will be through CDBG and Gas Tax.) PREPARED BY Yolando Vitug EXPLANATION DEPARTMENT Engineering Ext. 4414 See attached explanation Environmental Review: N/A MIS Approval Financial Statement Approved By. The total estimated amount for the work is $305,565. The funds arc available in Account Nos. 30-409-500-598.6134 ($46,000), 109-409-500-598-6134 ($49,000), 109-409-500-598-6137 ($67,000), 001-409-500-598-6090 ($100,000), 001-409- 500-598-6137 ($50,000) Account No. STAFF RECOMMENDATION: Ado .t the Resolution.. i BiARD / COMMISSN RECOMMENDATION N/A ATTACHMENTS Resolution No. 1. Resolution 4. Biography of Portillo Concrete 2. Bid Opening information sheet 3. Bid Proposal spreadsheet for the three low bidders EXPLANATION: The project involves removal and replacement of existing curb and gutter (80-LF), sidewalk removal replacement (10,000-SF), and installation of new concrete sidewalk (3,000-SF), and pedestrian ramp (69-EA), including minor pavement repairs, at various locations in National City. The project was advertised on the local and regional newspapers and on November 5, 2007, eight bids were received and opened for the project. The lowest responsive bidder was Portillo Concrete, Inc. with a proposed bid amount of $254,500. The bid opening information sheet and cost proposal spreadsheet for the three low bidders are attached for further review. Staff has reviewed the bid documents and found PortiIlo Concrete, Inc. to be the qualified to perform the work. The total cost for the work is estimated at $305,565. This amount includes the proposed lowest bid amount ($254,500), approximately 5% ($12,890) for surveying, and approximately 15% ($38,175) for contingencies. The sources of funding for the project are the Community Development Block Grant and Gas Tax. RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO PORTILLO CONCRETE, INC. IN THE AMOUNT OF $254,500 FOR MISCELLANEOUS CONCRETE IMPROVEMENTS INCLUDING CURBS, GUTTERS, SIDEWALKS, AND PEDESTRIAN RAMPS AT VARIOUS LOCATIONS WHEREAS, the Engineering Department of the City of National City did, in open session on November 5, 2007, publicly open, examine and declare eight sealed bids for miscellaneous concrete improvements including curbs, gutters, sidewalks, and pedestrian ramps at various locations. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for miscellaneous concrete improvements including curbs, gutters, sidewalks, and pedestrian ramps at various locations to the lowest responsive, responsible bidder, to wit: PORTILLO CONCRETE, INC. BE IT FURTHER RESOLVED by the City Council that the Mayor is hereby authorized to execute on behalf of the City a contract between Portillo Concrete, Inc. and the City of National City in the amount of $254,500 for miscellaneous concrete improvements including curbs, gutters, sidewalks, and pedestrian ramps at various locations. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 20th day of November, 2007. Ron Morrison, Mayor ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney {NCORPORATED BID OPENING e SPECIFICATION NUMBER: 07-04 PROJECT TITLE: MISC. CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS FY 07-08 OPENING DATE: MONDAY, NOVEMBER 5. 2007 TIME: VIE: 3:OOPM ESTIMATE: $ 274,600.00 NO. BIDDER'S NAM!:: AND ADDRESS (PAGE l:? ) PORTII.LO CONCRETE, INC 1. 3528 HARRIS STREET $ 254,500.00 LEMON (;ROVE, CA 91945 KOCH-ARMSTRONG GEN —_- 2. ENG'G $ 264.115.00 P.O. ROX 1 190 I.AKIiSIDE, CA 92010 TRI-GROUP CONSTRUCTION 3. 13943 POAVAY RD. SIITTE E3 S 272,050.00 POW AY. CA 92064 NEW CENTURY CONST., INC. 4. 9119 EMERALD GROVE AVE. $ 276,500.00 LAKF.SIDF, CA 92040—.-- HAR CONSTRUCTION, INC. 5. 1480 FRONTAGE RD. $ 289,250.77 CIIIII.A VISTA, CA 91911 1 I3ID AMOUNT ADDENDA (PAGE: 141) (PAGE 12) VANGUARD CONSTRUCTION 6. 651 ENTERPRISE COI JR"I' S 330,500.00 LIVERMORE, CA 94550 TEAM C CONSTRUCTION 7. 1208 N. 2ND STREET REST $ 33 7,990.00 EL CAJON, CA 92021 SCIIEIDEL CONTRACTING 8. AND ENGINEERING . 365, 350.00 P.O. BOX 1 796 LA MESA. CA 91944—__- X X X BID SECURITY (1'AGE 17-CHECK (PAGE 18-BOND) X X Misc. Concrete 1•rprovemonts at various locations in Naticna. City Spec. No. 07-04 ENGINEER:N3 DEPARTMENT Progress Est. No. 11'5'2C07 Item QTY UNIT PORTILLO CONCRETE, INC KOCH• ARM GEN. ENG3 TRI-GROUP CONSTRUCTION Item Description Unit Cost . Total Cost Unit Cost Total Cost Unit Cost i Total Cost 1 1 LS Clearing & Grubbing ir.cluding the Storni $ 7.500.00 $ 7,500.00 $ 3,405.00 5 3,405.00 S 7,000.00 $ Water Pollution Prevention 7,000.00 S 2 10000 SF Conc. Sidewalk Romove&Replace G 7 per $ 8.00 5 80,000.00 5 7.40 5 74,000.00 S 8.00 3 29 EA instaliaticn of Ped Ramp G-28 G-30) S 80,000.00 pe• (wi $ 1,900.00 $ 55,100.0E S 2,150.00 S 62,350.00 $ 2,000.00 S 4 38 EA Instalation of Ped Ramp G-29 G-30; $8,000.00 per ow 5 1,90C.00 5 72,200.00 S 2,150.00 5 81,700.00 $ 1,950.0C 5 5 2 EA Installation of Ped Rarnp G31 G-30) 74,100.00 per (w! $ 1,900.00 $ 3,800.00 $ 2.100.00 $ 4.200.00 5 1,900.00 $ 6 3000 - SF .Install new Sidewalk per G-7 3.800. 00 5 7.50 $ 22.500.00 $ 6.95 $ 20.850.00 $ 6.00 7 80 LF 6" cr 8" Type "G" Curb 8 Gutter RiR G-2 $ 18 000.00 aer S 50.00 $ 4.000.00 $ 41.50 5 3.320.00 5 40.00 $ 8 20 TN t,'ariab:e Thickness A.C. . 3.200.00 5 250.00 $ 5,030.30 $ 258.00 $ 5,160.00 5 200.00 $ 9 1 LS Traffic Control 4,000.00 $ 3.000.00 $ 3,000.00 $ 7,700.00 5 7,700.00 $ 22,000.00 $ 1C' 50 SF Remove 8 Replace Exist. D'way G-14 A-8 22,000.00 per S 8.00 $ 400.00 $ 15.0C $ 750.00 $ 19.00 $ 11 1C TN Crushed Miscellaneous Base i S 100.00 5 1,000.00 $ 88.00 S 880.00 $ 100.0E 950.00 S Total 1,000.00 5 254,500.00 $ 264,315.00 $ 272.050.00 =-- 0 e VF ..� vcrasp rorvo conoretra (619)V - 4665 p.2 PORTILLO CONCRETE, INC. State Lk. No. It680144 (A/13/C-8) Exp. 10/31/06 3528 Harris St. Lemon Grove, Ca. 91945 Office (619) 466-4639 Fax (619) 466-4685 November 2, 2004 To: City of National City From: Portillo Concrete, Inc. Subject: Company Biography Portiflo Concrete Inc. was established in October 1994 by Mario Portillo (who is now the President and CEO) as a sole proprietorship working on small city projects and small commercial developments. The company was incorporated in July, 2000, with the current President and CEO, and 'Tina Portillo as Secretary and CFO. the company is currently bonded with Insurance Company of the West, with a bonding limit of 2 million dollars. We are currently working directly for the City of Chula Vista, City of National City, City of San Diego, Escondido Union High School District, Sweetwater Union 1Iigh School District, and San Diego Unified Sdiool District. We have recently completed projects with the City of Escondido, City of San Diego, City of National City, Chula Vista Elementary School District, and Sweetwater Union High School District. Our primary focus of work is the removal and replacement of concrete, as well as the rehabilitation of concrete flatwork with various school districts We pride ourselves with the fact that we do the majority of the work in house with our own forces. We do our own sawcutting. demolition, trucking, concrete delivery and pumping. Sincerely, Mario Portillo, President Approved By: City of National City, California COUNCIL AGENDA STATEMENT r11EETING DATE November 20, 2007 AGENDA ITEM NO. 13 ITEM TITLE Resolution of the City Council of National City awarding a contract to Republic ITS, Inc., in the amount of $314,760 for Safe Routes to Schools including installation of traffic improvements around seven area schools (Funding will be through Caltrans Grant and General Funds.) PREPARED BY Din Daneshfar EXPLANATION DEPARTMENT Engineering EXT. 4387 See attached explanation. Environmental Review X N/A MIS Approval Financial Statement The total estimated amount for work is $399,760. The funds are available in Account Nos323-409-500-598-6166 ($432,000) and 001-409-500-598-6166 ($50,000)- Account No. Finance Director STAFF RECOMMENDATION opt the Res OARD/COMMI N/A ION RECOMMEDATION ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Bid Opening Information Sheet 3. Bid Proposal Spreadsheet for all Bidders 4. Biography of Republic ITS A-200 (Rev 003) EXPLANATION: The project includes the installation of reflective signage (56 each), flashing beacons (12 each), LED -enhanced school crossing signs (8 each), in -roadway lighting crosswalk systems (5 each), Type 9a cantilever flashing beacon pole and mastarm assemblies (2 each), new thermoplastic striping of crosswalks and pavement markings (2,728 SF), removal of existing conflicting striping and pavement markings via grinding/sandblasting (lump sum), pedestrian ramps with truncated domes (3 each), and new sidewalk (2,700 SF). The improvements will occur around seven area schools (5 elementary schools, 1 middle school and 1 high school). On November 5, 2007 six bids were received and opened for the project. The bid opening information sheet and cost proposal spreadsheet for all of the bidders are attached for further review. Staff has reviewed the bid documents and found the lowest responsive bidder, Republic ITS Inc., to be qualified to perform the work. The total cost for the work is estimated at $399,760. This amount includes the proposed bid amount ($314.760), approximately 7% ($22,000) for field engineering, approximately 5% ($16,000) for material testing and approximately 15% ($47,000) for contingencies. The sources of funding for the project are Catrans Grant and General Funds. RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO REPUBLIC ITS, INC. IN THE AMOUNT OF $314,760 FOR SAFE ROUTES TO SCHOOLS PROJECT, INCLUDING INSTALLATION OF TRAFFIC IMPROVEMENTS AROUND SEVEN AREA SCHOOLS WHEREAS, the Engineering Department did, in open session on November 5, 2007, publicly open, examine and declare six sealed bids for the Safe Routes to Schools Project, including installation of traffic improvements around seven area schools. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the Safe Routes to Schools Project to the lowest responsive, responsible bidder, to wit: REPUBLIC ITS, 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 in the amount of $314,76 between Republic ITS, Inc. and the City of National City for the Safe Routes to Schools Project, including installation of traffic improvements around seven area schools. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 20th day of November, 2007. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor CALIFORNIA TiONAL Iry , 1.141 CO RPM]. ArEP BID OPENING SPECIFICATION NUMBER: 06-5 PROJECT TULE: NATIONAL CITY SAFE ROUTES TO SCHOOL PROJECT OPENING DATE: MONDAY, NOVEMBER 5, 2007 TIME: 2:00 P.M. ESTIMATE: 5360,000 NO. BIDDER'S NAME AND ADDRESS (PA(iE 9 ) Republic ITS I. 371 Bel Marin Keys Blvd. 1-1200 Novato, Ca 94949 IIMS Construction Inc. 2. 1225 Linda Vista Drive San Marcos, CA 92078 A.B. Hashini, Inc. 3. 131 / Meadow Sluing Way Oceanside, CA 92057 Freeway Electric 4. 5942 Acorn Street Riverside, Ca 92504 Select Electric 5. P.O. Box 1457 Spring Valley, CA 91979 1\41C Construction 6. 3015 Sylvia Street Bonita, (:A 91902 BID AMOIINI ADDENDA (PAGF. I I) (PA(;E 9) $314,760.00 $328,101 0() $329,386.00 $373,351.00 $373,717 00 $452,597.00 X X X X X X BID SECIJRITY (PAGE 14-CI1ECK (PAGE 15-BOND) —1 „RO.ECT NAME 105.4L CT' 5.51'..1..C.1-1c5 TO SCFC-1.1. Pkt:NEC- SPEC ,11,1•:CN 41 5 SS ss110 5,11Ssoms• BID Ds, risls• V••,ns er ss,FsSE, LCw $11)Cin E3321,1ests, el•.,INEEk5 ES-5,TE 1:An is.) CITY OF NATIONAL CITY - BID SUMMARY F.GURES CHECKBY: P•I:JECS 140) CHECKL,S- ,L s nts, A:(S ARP AFF-sF(• AnsC,” 333:, 40DE331-333.36 -33 0.! 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R::puluc's Laboratory Facdirie c ir,r:)ti ucat:rs Coll Centel Inventory Equ pment M.itcual Sales and Distribution C,a!I us :tit 1 flOO-LIGHTS-O:'7 About Republic ITS Home Employment Opportunities Overview of Republic ITS's Qualifications Republic ITS is a licensed electrical contracting and transportation engineering firm that was founded in 1991. Republic ITS specializes in Intelligent Transportation Services which include, but are not limited to the maintenance. testing, repair, and replacement of traffic signals, digital cellular technology upgrades, call boxes, spread spectrum radio. side fired radar, CMS/UMS signs, weigh-in motion stations. ATMS, energy efficiency upgrades and streetlights. Republic IIS has a broad range of expertise and experienced personnel including: registered professional transportation engineers, electricians and International Municipal Signal Association (IMSA) Certified I raffic Signal & Roadway Lighting Specialists. 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Republic IFS specializes in Intelligent transportation Services which include, but are not limited to the maintenance, testing, repair, and replacement of traffic signals, digital cellular technology upgrades, call boxes, spread spectrum radio. side fired radar, CMS/DMS signs, weigh-in motion stations, ATMS, energy elficiency upgrades and streetlights Republic I fS has a broad range of expertise and experienced personnel including registered professional transportation engineers, electricians and International Municipal Signal Association (IMSA) Certified Traffic Signal & Roadway Lighting Specialists. We Changed Our Name! (Mil( =r? to read a Iettei from the principals of the company that explains the change The 2007 National Traffic Signal Report Card indicates that improved signal operations can be achieved for lower costs and in shorter time frames than most other capital•intensive transportation improvement options - and with benefits exceeding costs by 40:1 of more. 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The attached resolution is needed to follow through on the action. Environmental Review N/A Negative Declaration (2007-1 IS) Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Attached Resolution176P BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Resolution A-200 (9/99) RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A SPECIFIC PLAN AMENDMENT APPROVING A NEGATIVE DECLARATION, AND AUTHORIZING THE FILING OF A NOTICE OF DETERMINATION FOR AN EXISTING SPECIFIC PLAN (SP-2-90) ON A 1.65-ACRE SITE ON THE NORTH SIDE OF PLAZA BOULEVARD, JUST EAST OF 1-805 TO ACCOMMODATE A PROPOSED 10,300 SQUARE FOOT RETAIL DEVELOPMENT ON TWO VACANT PARCELS WITHIN THE SPECIFIC PLAN AREA APPLICANT: SCHUSS CLARK, AN ARCHITECTURAL CORPORATION CASE FILE NO. 2007-1 SP, IS WHEREAS, the City Council of National City at its meeting of May 21, 1991, adopted Resolution No. 91-96 according to California Government Code Section 65450 (et. seq.) adopting a Specific Plan for certain real properties in the area east of Interstate 805, north of Plaza Boulevard and south of 12th Street; and WHEREAS, proceedings were initiated for an amendment of the Specific Plan, including APNs 557-380-10, 11, 12, 69, 70, 50, and 51, in accordance with procedures of the National City Land Use Code; and WHEREAS, the Planning Commission of the City of National City considered a Specific Plan Amendment application for the plan area, including a 10,300 square -foot retail development on the two westerly vacant parcels within the Specific Plan Area at a duly advertised public hearing held on August 20, 2007, at which time oral and documentary evidence was presented; and WHEREAS, the Planning Commission did consider the proposed Negative Declaration No. 2007-1 IS together with comments received during the public review process and all evidence and testimony presented at the public hearing; and WHEREAS, the Planning Commission adopted Resolution No. 47-2007 recommending approval of the Specific Plan amendment for properties on the north side of Plaza Boulevard, just east of 1-805, and WHEREAS, the City Council considered a Specific Plan Amendment application on a 1.65-acre site on the north side of Plaza Boulevard, just east of 1-805, to accommodate a proposed 10,300 square -foot retail development on two vacant parcels within the Specific Plan Area at a duly advertised public hearings held on September 4, 2007, and continued to the meetings of October 2, 2007 and November 6, 2007, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearings the City Council considered Planning Commission Resolution No. 47-2007 and the proposed Specific Plan Amendment and the staff report contained in Case File No. 2007-1 SP, IS which is maintained by the City and incorporated herein by reference, along with the evidence and testimony at said hearings; and WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and Resolution No. 2007 — November 20, 2007 Page 2 WHEREAS, the City Council recognizes the need and desirability to provide specific guidance for implementation of the General Plan; 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 the testimony and evidence presented at the public hearing supports the following findings: FINDINGS FOR APPROVAL OF AN AMENDMENT TO AN EXISTING SPECIFIC PLAN 1. That the proposed Specific Plan Amendment is consistent with and necessary to implement the General Plan, since the General Plan encourages businesses to locate or expand in the City where compatible with existing, nearby development and environment (Economic Development Policies) and also specifically encourages the use of a specific plan on the project site. The proposed amendment to the Specific Plan would achieve both of these goals by providing more flexibility in development potential along an established commercial corridor, and by preserving the Specific Plan on the project area. 2. That the proposed Specific Plan amendment is consistent with the General Commercial General Plan designation, since the Plan permits all those uses allowed in the General Commercial Zone, only subject to additional design considerations. FINDINGS FOR APPROVAL OF NEGATIVE DECLARATION 1. That the Negative Declaration (2007-1 IS) has been read and considered together with any comments received during the public review process; and 2. That based on the whole record including the Initial Study, there is no substantial evidence that the project will have a significant effect on the environment and that the Negative Declaration reflects the City's independent judgment and analysis. BE IT FURTHER RESOLVED that the City Council has considered the proposed Negative Declaration (2007-1 IS) 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 proposed Negative Declaration reflects the City's independent judgment and analysis, and hereby approves the Negative Declaration and authorizes the filing of a Notice of Determination. NOW, THEREFORE, the City Council adopts Specific Plan Amendment 2007-1 SP, is subject to the following conditions: Resolution No. 2007 — November 20, 2007 Page 3 1. All provisions and statements in the Specific Plan dated July 2007 by Schuss Clark shall be binding on the currently proposed development and all future development of the Specific Plan area, except as modified by Conditions of Approval. Future development plans shall substantially conform to site plans and elevations shown in Exhibit "A", dated May 7,2007, case file no. 2007-1 SP, IS, unless authorized by an Amendment to the Specific Plan. Planned Development Permits shall be required for all future proposed development, except for the Plaza -Grove Center project identified within the Specific Plan and on Exhibit "A" A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. consistent with the approved concept plan shall be submitted for the Plaza - Grove Center project area concurrently with project grading plans for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices, 24" box specimen trees at main entryways into the project, detail elements of proposed retaining walls including use of decorative block, proposed enhanced or decorative paving on -site, parking lot lighting, trash enclosures, and bicycle parking. Separate permits shall be submitted for review and approval by the Planning Department for all signs prior to issuance of building permits. 4. All rooftop mechanical equipment shall be screened from the sides and the top in accordance with City standards and shall be indicated on the building plans, to the satisfaction of the Planning Director. 5. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. At this time, the filing fee is $50 for a Notice of Exemption or Notice of Determination, $1,800 for a Negative Declaration or Mitigated Negative Declaration, and $2,500 for an Environmental Impact Report. 6. The bus stop improvements identified in Exhibit "A", including a new shelter, bench, route map and trash container, must be shown on the landscape plans and grading plans and shall be approved and installed prior to the issuance of a certificate of occupancy on the Plaza -Grove Center project. 7. The project shall be designed, developed, and constructed in compliance with the California Fire Code (CFC) 2001 edition or CFC in effect at time of permit issuance and the most current National Fire Protection Association Standards (NFPA) as adopted by the City of National City. 8. The property shall be addressed in a manner to be clearly visible from the street, per review and approval by the National City Fire Department. Resolution No. 2007 — November 20, 2007 Page 4 9. Fully automatic fire sprinkler systems shall be required, per review and approval by the National City Fire Department. Estimated minimum fire flow requirements with a fully automatic fire sprinkler system installed will be 1,000 gpm measured at 20 psi residual pressure with a flow duration of two hours. 10. The developer shall work with Sweetwater Authority to ensure adequate service to the proposed Plaza -Grove Center project, as there is no water main in Grove Street between 12"' Street and Plaza Boulevard, and a main extension of at least 300 feet will be required in Grove Street to provide a fire service line for building sprinklers. 11. A ten -foot horizontal separation between sewer and water laterals is required. 12. An encroachment permit will be required for the proposed monument signage along Plaza Boulevard if located within the public right-of-way. 13. A Hydrology study (100 year flood) is required for the new project. The study should consider the adequacy of the proposed project storm drain system. All hydrology study findings and recommendations are part of Engineering Department requirements. 14. The Priority Project Applicability checklist for the Standard Urban Storm -water Mitigation Plan (SUSMP) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) an approved SUSMP will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 15. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 16. 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. 17. 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 Resolution No. 2007 — November 20, 2007 Page 5 Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. A checklist for preparation of the grading plan/drainage plan is available at the Engineering Department. 18. 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. 19. A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. As a minimum, the parking lot pavement sections shall 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-34. All soils report findings and recommendations shall be part of the Engineering Department requirements. 20. The deteriorated portions of the existing street improvements (100' of sidewalk) along the property frontages shall be removed and replaced. 21. All existing survey monuments, including any benchmark, within the boundaries of the project shall be shown on the plans. If disturbed, a licensed land surveyor or civil engineer shall restore them after completion of the work. A Corner Record shall be filed with the County of San Diego Recorder. A copy of the documents filed shall be given to the City of National City Engineering Department as soon as filed. 22. 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. 23. Street improvements shall be in accordance with City Standards. All missing street improvements (300' of sidewalk and (3) pedestrian ramps) shall be constructed. Abandoned driveway (40' of driveway) aprons shall be replaced with curb, gutter and sidewalks. 24. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be depositedwith the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. 25. Exterior walls of buildings/walls/fences/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. Resolution No. 2007 — November 20, 2007 Page 6 26. A Planned Development permit will be required for the applicant's two parcels identified in Exhibit A and the Specific Plan document (Plaza -Grove Center), if a grading permit has not been obtained or an extension has not been granted within two years. 27. The developer shall incorporate and maintain a camera system for security monitoring purposes of the common open public spaces, parking, and retail areas of this project to the satisfaction of the Police Department. PASSED and ADOPTED this 20th day of November, 2007. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California CITY COUNCIL AGENDA STATEMENT 15 MEETING DATE November 20, 2007 AGENDA ITEM NO. ITEM TITLE RESOLUTION ADOPTING AN AMENDMENT RELATED TO THE POLICE DEPARTMENT'S RECORDS FOR THE CITY'S RECORDS RETENTION SCHEDULE FOR THE DESTRUCTION OF CITY RECORDS PREPARED BY Jodi L. Doucette (Ext. 4221) EXPLANATION DEPARTMENT City Attorney Please see attached. Environmental Review Ni N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION That the City Council adopt the proposed resolution approving an amendment to the City's Records Retention Schedules and Procedures for the Destruction of City Records related to Police Department records. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. Proposed resolution Proposed Amended Records Retention Schedule for Police Department A-200 (9/99) RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THAT PORTION OF THE RECORDS MANAGEMENT MANUAL AND RECORDS RETENTION SCHEDULE PERTAINING TO THE POLICE DEPARTMENT WHEREAS, state law sets forth minimum retention periods for public records maintained by the City; and WHEREAS, in order to establish an orderly method for the retention and destruction of public records in compliance with state law, the City Council has adopted a Records Management Manual and Records Retention Schedule; and WHEREAS, the Police Department has proposed an amendment to the retention pertaining to that department. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves an amended records retention schedule for the Police Department. Said Retention Schedule, as amended is attached hereto as Exhibit "A". PASSED and ADOPTED this 20th day of November, 2007. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor POLICE DEPARTMENT RETENTION LEGAL DEPARTMENT RECORD TITLE AND DESCRIPTION LAW MINIMUM MINIMUM Adult Arrest/Crime/Incident Reports PC 800/801 7 7 Adult Citations (Infractions/Misdemeanors) 2 2 Adult Jail Booking Log 6 7 Asset Forfeiture Gov 34090A Closed + 2 yrs or unless court orders otherwise Child Abuse Reports Until Child is 18 yrs old Confidential Informant Files Destruction of Temporary Records Notices Digital Calls for Service (print-out & computer) Digital Watch Commander Log Termination of Use 2 2 2 2 2 2 2 Digital Dispatch CDs or Recordings Government Code 34090.6 100 days 3 (voice logger media) Domestic Violence Crime/Arrest Reports P P Field Interviews 2 2 Gang Intelligence Files 28 CFR 23.20.h Until info is obsolete but not longer than 5 yrs Holding Facility Inspection Log 2 6 Homicide Files Penal Code 799 P P Homicide Summary Books P P Internal Affairs Files Gov 3300; Evid 1045(b)(1) 2 5 Intelligence Files 28 CFR 23.20.h Until info is obsolete but not Longer than 5 yrs Juvenile Contact Reports Until juvenile reaches 181/2 yrs old; If arrested on subjects 18th birthday, hold 2 more yrs Missing Persons Reports (active) P P Missing Persons Reports (non -active) 7 7 Parking Citations 2 2 Page 1 EXHIBIT "A" POLICE DEPARTMENT — Continued RETENTION LEGAL DEPARTMENT RECORD TITLE AND DESCRIPTION LAW MINIMUM MINIMUM Pawn Slips Bus & Prof Code 21628 3 3 Personnel Records of Former Employees Includes, but is not limited to: Background Investigations and file Discipline file Employment Applications (if not hired, 2 yrs) Education History Medical History and file Miscellaneous Communications Notices of Commendation Notices of Transfers (non -disciplinary) Notices of Promotions Salary History Training History and file `Keep all of the above if currently employed. Notices of Discipline Performance Evaluations if removal petitioned Radio Logs (personnel and equipment) 2 4 5 5 5 5 2 2 Records Control Log Summary 7 7 (downloaded from calls for service resulting in report taken) Registrations (Sex, Arson) P P Registrations (Narcotics) When court notes expiration date Traffic Collision Reports 2 2 Traffic Citations Civil Code 3 3 Vehicle Damage Logs 2 4 Video Surveillance or Monitors Government Code 34090.6 1 1 Visitor Service Logs (Lobby) 2 2 Use of Force Reports 2 2 Page 2 EXHIBIT "A" TO: FROM: SUBJECT: ANALYSIS: CITY OF NATIONAL CITY OFFICE OF THE CITY ATTORNEY 1243 National City Boulevard National City, CA 91950-4301 Phone: (619) 336-4220 Fax: (619) 336-4327 E-mail: Attorney@ci.national-city.ca.us Mayor and City Council City Attorney DATE: November 13, 2007 Staff Report Regarding Records Retention Schedules, Destniction Procedures, and a Resolution for the Adoption of an Amendment to the Records Retention Schedule for the Police City Departments' Records Retention Schedules In general, a city's records maintained in the ordinary course of business must he made available to the public upon request, provided such records are not exempt under the Public Records Act (Government Code Section 6254 et seq.) or other law or are privileged or confidential. A properly prepared and approved Records Retention Schedule is an agency's legal authority to do whatever needs to be done with records and documents entrusted to the agency's care. It certifies the life, care, and disposition of all agency records. If subpoenaed records have been destroyed, agency schedules (and evidence of compliance with those schedules) will defend the agency's actions._Ho.wever, to proves. there_was_no _adverse intent when. records were d=tr edschedules must be specific and consistently used. Adverse intent (to keep records out of court) is both a civil and criminal offense. Police Department Staff and the Senior Assistant City Attorney assigned to the Police Department have reviewed the Police Departments' records retention schedule and found that certain records retention schedules were outdated for a number of reasons: (a) changes in law; (h) technology advancements; (c) escalating records storage expenses; and (d) limited space in City Ifall. Therefore, an amendment to the City departments' Records Retention Schedules, marked and attached herein as Exhibit "A", is presented herein for adoption, as it relates to Police Department records. Some of the proposed retention periods decrease, maintain or increase the retention time as required by the City's current schedule. Also, some retention periods have been changed to ensure that the retention period runs with the statute of limitations for the subject record, to reflect current law, or to accommodate a staff person's request. During the drafting process, if a conflict in a desired retention time occurred, it was resolved by using the longest retention period. The comments/reference column on each schedule contains the authority of which the retention period is based. Destruction Procedure A. Statutory Authority Government Code Section 34090 provides that: "Unless otherwise provided by law with the approval of the legislative body by resolution and the written consent of the city attorney the head of a city department may destroy any city record, document, instrument, book or paper, under his charge, without making a copy thereof after the same is no longer required.- (Emphasis added.) B. Policy City records shall only be authorized for destruction if the subject records have outlived their legal, administrative, historical or fiscal value. This will confirm the importance of staff following the City's records retention policy and destruction procedures to ensure that non-exempt records (pursuant to law such as the California Public Records Act) are available to the public. Further, City staff shall keep only those records that are maintained or produced in the normal course of husiness pursuant to the departments' adopted records retention schedules (Exhibit "A"). Strict adherence to this records management policy is critical to ensure that records are disposed of properly, are located in the places the City expects them to be located, and provides solid tracking of these City assets. In brief, the destruction procedures previously adopted by City Council require that a Request to Destroy Form (Exhibit "B") be completed before any records may be destroyed. The Form must be signed by the City Attorney's Office, and the Department Head requesting the destruction. C. Procedure The Request to Destroy form (Exhibit "B") is completed as follows: Step 1. Staff identifies those records that are due for destruction pursuant to the Council adopted schedule. Step 2. A Request to Destroy Records for i is generated and signed by the Department Director who forwards same to the City Attorney's Office. Step 3. The City Attorney reviews all of the above and provides written authorization as the law requires. Any deviation from the subject schedule without prior City Council authorization is prohibited and subject to disciplinary action. • Page 2 CONCLUSION: The City's Records Retention Schedules are evolving documents which require constant consideration and attention. In all cases, deviation from the City Council's records retention policy is prohibited. Taking requested changes to the City Council to amend the retention schedule on a regular basis provides the ability to meet unknown changes in the city's rccordkeeping needs and still remain compliant with the City Council's policy. FISCAL IMPACT: There is no direct fiscal impact arising from action on this proposed resolution. However, it is anticipated that there may be significant cost savings to the City in records retention, retrieval, disposal, and other related legal costs, if the records management policy is followed as proposed. George . Eiser, Il City Attorney • Page 3 POLICE DEPARTMENT RETENTION LEGAL DEPARTMENT RECORD TITLE AND DESCRIPTION LAW MINIMUM MINIMUM Adult Arrest/Crime/Incident Reports PC 800/801 7 7 Adult Citations (Infractions/Misdemeanors) 2 2 Adult Jail Booking Log 6 7 Asset Forfeiture Gov 34090A Closed + 2 yrs or unless court orders otherwise Child Abuse Reports Until Child is 18 yrs old Confidential Informant Files Destruction of Temporary Records Notices Digital Calls for Service (print-out & computer) Digital Watch Commander Log Digital Dispatch CDs or Recordings (voice logger media) Termination of Use 2 2 2 2 2 2 2 Government Code 34090.6 100 days 3 Domestic Violence Crime/Arrest Reports P P Field Interviews 2 2 Gang Intelligence Files 28 CFR 23.20.h Until info is obsolete but not longer than 5 yrs Holding Facility Inspection Log 2 6 Homicide Files Penal Code 799 P P Homicide Summary Books P P Internal Affairs Files Gov 3300; Evid 1045(b)(1) 2 5 Intelligence Files 28 CFR 23.20.h Until info is obsolete but not longer than 5 yrs Juvenile Contact Reports Until juvenile reaches 18 1/2 yrs old; If arrested on subject's 18tn birthday, hold 2 more yrs Missing Persons Reports (active) P P Missing Persons Reports (non -active) 7 7 Parking Citations 2 2 Page 1 EXHIBIT"A" POLICE DEPARTMENT — Continued RETENTION LEGAL DEPARTMENT RECORD TITLE AND DESCRIPTION LAW MINIMUM MINIMUM Pawn Slips Bus & Prof Code 21628 3 3 Personnel Records of Former Employees Includes, but is not limited to: Background Investigations and file Discipline file Employment Applications (if not hired, 2 yrs) Education History Medical History and file Miscellaneous Communications Notices of Commendation Notices of Transfers (non -disciplinary) Notices of Promotions Salary History Training History and file "Keep all of the above if currently employed. Notices of Discipline Performance Evaluations if removal petitioned Radio Logs (personnel and equipment) 2 4 5 5 5 5 2 2 Records Control Log Summary 7 7 (downloaded from calls for service resulting in report taken) Registrations (Sex,, son) P .. — f'— Registrations (Narcotics) When court notes expiration date Traffic Collision Reports 2 2 Traffic Citations Civil Code 3 3 Vehicle Damage Logs 2 4 Video Surveillance or Monitors Government Code 34090.6 1 1 Visitor Service Logs (Lobby) 2 2 Use of Force Reports 2 2 Page 2 EXHIBIT "A" - DESTRUCTION OF TEMPORARY RECORD NOTICE Department & Division: Date: The retention period on the following records has elapsed and it is no longer necessary to store them. Please indicate approval for their destruction by signing and indicating the date. FILE CATEGORY PER RECORDS TOTAL RETENTION MANAGEMENT MANUAL: PERIOD: DESCRIPTION PERIOD COVERED LOCATION APPROVALS: Department Head_ __Date City Attorney DESTRUCTION DATE: white - Original Date DESTROYED BY: REMARKS: yellow - City Attorney pink - Department Copy EXHIBIT "B" City of National City, California CITY COUNCIL AGENDA STATEMENT 16 MEETING DATE November 20, 2007 AGENDA ITEM NO. !TEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TERMINATING THE CALIFORNIA PUBLIC ENTITY INSURANCE AUTHORITY (CPEIA) JOINT POWERS AGREEMENT, AND RETAINING THE CITY'S MEMBERSHIP IN THE EXCESS INSURANCE AUTHORITY (EIA) FOR ITS EXCESS WORKERS' COMPENSATION SELF-INSURANCE PROGRAM PREPARED BY Ashley Fenton a K DEPARTMENT City Attorney (Ext. 4370) Risk Management Division EXPLANATION The City of National City participates in the County Supervisors' Association of California (CSAC) Excess Insurance Authority (EIA) for insurance and risk management services. Initially, access to the EIA's insurance and risk management programs was through participation in the California Public Entity Insurance Authority (CPEIA), the EIA's sister Joint Powers Authority (JPA). Last year, the EIA underwent a governance restructure, resulting in the merging of CPEIA into EIA. Now that the merger into the EIA is complete, there is no need for the CPEIA to continue to exist. Pursuant to Article 22 of the CPEIA Joint Powers Agreement, the affirmative vote of the governing bodies of three -fourths of the members is required in order to terminate the Agreement. You are being asked to make such approval. It should be noted that there are no assets or property to distribute. There will be no effect on the City's insurance coverage or premiums. Staff recommends approval of the termination of the CPEIA. There are currently 134 CPEIA members. Upon approval to terminate the CPEIA by 101 CPEIA members, the CPEIA will officially be terminated as an entity. Environmental Review J N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt resolution. BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. i. Proposed resolution. A-200 (9/99) RESOLUTION NO. 2007 -- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TERMINATING THE CALIFORNIA PUBLIC ENTITY INSURANCE AUTHORITY, (CPEIA) JOINT POWERS AGREEMENT, AND RETAINING THE CITY'S MEMBERSHIP IN THE EXCESS INSURANCE AUTHORITY (EIA) FOR ITS EXCESS WORKERS' COMPENSATION SELF-INSURANCE PROGRAM WHEREAS, the County Supervisors Association of California (CSAC) Excess Insurance Authority (EIA) was formed by California counties in 1979 as a self-insurance pool joint powers agency; and WHEREAS, the California Public Entity Insurance Authority (CPEIA) was formed in 2001 as a separate joint powers agency. Through membership in the CPEIA, non -county public entities could participate in the EIA's programs. Since October 2003, the City of National City has been a member of the CPEIA for purposes of its excess workers' compensation self- insurance program; and WHEREAS, in February 2006, the EIA Joint Powers Agreement was amended to allow CPEIA members to join the EIA directly as public -entity members; and WHEREAS, the EIA and the CPEIA have merged into one organization, the EIA, and there is no need for the CPEIA to continue to exist; and WHEREAS, pursuant to Article 22 of the CPEIA Joint Powers Agreement (Agreement) the affirmative vote of the governing bodies of three -fourths of the members are required to terminate the Agreement; and WHEREAS, there are no assets or other property to distribute under Article 22 of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City of National City that pursuant to the provisions of Article 22 of the CPEIA Joint Powers Agreement, the City Council elects to terminate the CPEIA, and retain the City's membership in the EIA. Said termination shall become effective upon the affirmative vote of the governing bodies of three -fourths of the members. PASSED and ADOPTED this 20th day of November, 2007. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Della, City Clerk George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT IETING DATE November 20, 2007 AGENDA ITEM NO, 17 ITEM TITLE Warrant Register # 17 for the period of 10/17/07 through 10/23/07 in the Amount of $1,458,542.79 PREPARED BY D. Gallegos -Finance DEPARTMENT EXPLANATION Finance Jeanette Ladrido 619-336-1331 Per Government Section Code 37208, attached are the warrants issued for the period of 10/17/07 through 10/23/07. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Public Emp Ret Sys SDG&E SSD Systems City Payroll Check# 217576 217585 217589 Various Amount $230,810.25 60,398.01 75,939.96 902,993.91 Explanation Retirement Fees Utilities Safety Camera Project Payroll for 10/17/07 Environmental Review Financial Statement STAFF RECOMMENDATION Not applicable. N/A BOARD / COMMISSION RE OMMENDIQN Ratification of warrants in the amount of $ 1,458,542.79 ATTACHMENTS ( Listed Below ) 1. Warrant Register#17 A-200 Approved By: Finance Director Account No. Ature-GrW-c.--- Resolution No. City of National City WARRANT REGISTER # I'1 10/23/2007 PAYEE GONZALES ACE UNIFORMS & ACCESSORIES,INC AMERICAN ROTARY BROOM CO.. I ARCO GASPRO PLUS AUSTIN DOORS BLACKIE'S TROPHIES AND AWARDS CALIFORNIA COMMERCIAL, SECURI CALIFORNIA POLICE EQUIPMENT (.1IAPIN CHEVRON USA. INC. C_.I IOICEPOINT CLTY OF NATIONAL CITY COOPER'S PLUMBING & HEATING CORP(RATE. EXPRi.SS CORPOR.ATE EXPRESS DAPPER TIRE. COMPANY DATA TICKET INC DIEITI. F:VANS & COMPANY LLP DIXIELINE: LUMBER CO. DIXIEI .IN1 LUMBER CO. DREW FORD El) REED ENVIRONMENTAL HAZARDS SERV1 ESGII. CORPORATION DESCRIPTION SUBSISTENCE/CONFERENCE NAVY BI,AUER CARGO PANTS MOP 462683 SWEEPER PARTS FUEL FOR CITY F1.LET CITY-WIDE DOOR REPAIRS MOP 67727 NAME TAGS MOP 445754 LOCKLR LOCKS MOP 50746 BOOKS TRAVEL, EXP/APA CONFERENCI. MOP 445699 I'UI:L AUTO TRACK DATABASE PETTY CASH SEP'07 PLUMBING REPAIRS MOP 445704 OFFICE SUPPLIES MOP 45704 OFFI('I:. SUPPLIES OUTSTANDING BAI.ANCE PC PROCESSING. APPEALS 2007 GOVERNMENT TAX SEMINAR MOP 45707 MATERIALS AND SUPPIN MOP 44570'7 CONCRETE MIX MOP 449078 (.'OVER CONNECTOR RL.IMB FOR UNION TRIBUNE. 1 EAD DUST WIPES FRAME INSPECTIONS CIHK NO DATE AMOi1N 217521 10/22/07 100.00 217522 10/23/07 552.34 217523 10/23/07 352.70 217524 10/23/07 23,960.96 217525 10!23/07 2,315.82 217526 10/23/07 21.65 217527 10/23/07 416.15 217528 10/23 /07 182.70 217529 10.23/07 585.26 217530 10/23/07 165.62 217531 10/23/07 100.00 217532 10/23/07 873.20 217533 10/23/07 2, 442.00 217534 10/23/07 74.48 217535 10/23/07 178.62 217536 10/23/07 1 1 22 217537 10/23/07 3,199.70 217538 10/23/07 550.00 217539 10,23/07 160.95 217540 10/23/07 898.87 217541 10/2 3 07 61.81 217542 10'23/07 379.80 217543 10/23/07 51.00 717544 10123;07 15.1.17 10 ESGIL CORP(1KATION ESGIL CORPORATION FEDEX FEDEX FERGUSON ENTERPRISES, INC ILORES GUIII. RRE7. HONEY .I. INC. HORIZON IIFAI.TH EAP 1NFRAS 1 RW:'TIIKE ENGINEERING PLAN CHECK SR VCS SEP 2007 CITY BUILDING OFFICIAL. SLI' 7007 FEDEX PRIORITY OVERNIGIIT TRANSPORTATION CHARGES MO!' #45723 PVC PIPE HEAL ITIY HOMES SUPPLIES PEST CONTROL. CONTAINERS REPAIRS & MAINTENANCE OCT 2007 EMPLOYEE ASST PROGRAM 7/28/07-8/31%07 SERVICES INTERNATIONAL. CODE COUNCIL IN NATIONAL ELECTRICAL HANDBOOK INTERVIEWS &. INTERROGATIONS ADVANCE "I LIIT1ON!INT COARSE ] & A-1 CARI'F.T SERVICE JAIME CARRII.LO APARICIO AND JJJ ENTERPRISE JODI DOU(T'.TTE LASER SAVER INC LEXIS-NFXIS MAYLE, IHOWAR!) NAPA AUTO PARTS NATIONAL CITY AUTO TRIM NATIONAL CITY (:AR WASH NATIONAL. (:1 i Y DETAIL S11O1' NIXON LUI.I EQUIPMENT CO, OFFICE TEAM PBS&J PEROO TRAFFIC CL:NI P.R PROGRESSIVE SOLUTIONS INC. PROTEM LEGAL SERVICES CITY-WIDE CARPET CLEANING CLAIM/JAIME AND ROSA CARRILLO ALARM MONITORING SFR\'IC:ES SUBSISTENCE/INVEST CONFERENCE MOP #45725 PRINTER INK CARTRIDGES ONLINE CHARGES FOR SEP 2007 OCTOBER 10-OCTOBER 11 2007 SVCS MOP 745735 AUTO PARTS & SUPPLIES REPAIR AND MAINTENANCE CAR WASHES FOR CITY FLEET T MOP #45737 AUTOMOBILE. DETAIL SWEEPER REPAIR PARTS TEMP SRVC STEWARI W,E 5/15/07 PROVIDE )E ON-GOIN(; SEWER BIL 1 MOP 63846 RIECJPLAYGROUND EC )I IIP LICENSE TRACK TRANSCRIP"TN-ANDERSON MATTER PRUI)LNTIAI. OVERALL SUPPLY MOP 445742 L'N1FORMS - PARKS PRUDLN') IA I. OVERALL SUPPLY PUBLIC EMP REF NT SYSTEM S.D. COI JNTY SHERIFF'S DEPT. SALAS MOP 45742 LAUNDRY SERVICES SERVICE PERIOD 10-07-3 USE OF SHERIFF'S RANGE FOR SWAT REI:UND'ERRONL.(.)I)SLY DEDUCTED 21754' 10/23107 10.895 i ; 217546 10/23'07 6,825.00 217547 10/23/07 54.44 217548 10/23/07 24.: 217549 10/23/07 855.5 217550 10123/07 34.25 217551 10;2307 21.54 217552 10/23/07 6,264.44 217553 10/23/07 841.30 217554 10/23/07 16,123.01 217555 10/23/07 197.75 21 7 5 56 10/23/07 184.00 217557 10/23/07 1.357.93 217558 10/23/07 885.97 2175.59 10'23 /07 97.50 217560 10/23/07 384.00 217561 10/23/07 130.39 217562 10/23/07 378.29 217563 10/23/07 1.355 17564 10:23/07 528 217565 10.'23 /07 337.13 217566 10/23107 260.00 717 5 67 10,23107 140.00 217568 10/23/07 293.76 217569 10/23/07 3.470.10 217570 10/23'07 317.50 217571 10/23/07 411.08 217572 10.:23!07 70,200.00 217573 1 O'23!07 70.00 217574 10:23'07 540.68 217575 10.2 3707 116.42 217576 10.`73.'07 230.810.25 217577 10.23107 217578 1023/07 200(0 SAN DIEGO DAII.Y TRANSCRIPT SAN DIEGO TROLLEY INC SAN DIEGO TROLL.LY INC SANDPIPA SD BMW MOTORCYCLES SDCRA SI)G&1•: SMART & FINAL. SOLANA CENTER SOUTHWEST SIGNAL SERVICE, INC. SSD SYSTEMS SWEETWATER Al 1110RITY T.S. INDUSTRIAL. SI1PP1-Y FAKE CHARGE FITNESS THE LIGHTHOUSE, INC. TTPTON 11 S I IFALTHWORKS 1JN1ON TRIBUNE P11131.1SI1lNG CO I'NFIED STATES TREASURY IIS STERLING CAPITAL CORP US STERLING CAPITAL CORP ADVERTISING SPEC 07-4 FLAGGING SERVICES FLAG(1ING; SERVICES CONSUL"! ANT SERVICES REPAIRS & MAINTENANCE. VEHICLES SDCBA 2008 DIRECTORYiA'ITORNEY'S FACILITIES DIVISION MOP 45756 MATERIALS & SUPPLIES RECYCLED ITEMS PER DEPARTMENT TRAFFIC SIGNAL/STREET I.IGlDING PUBLIC SAFETY CAMERA PROJECT FACILITIES 1IVISION BINK LID ANL) CUP ASSEMRI Y GRP FITNESS INSTRUCTION 10'17/07 MOP 445726 HALOGEN BULBS, 1.1'.NS TRAVEL. EXPENSE REIMB MEDICAL SERVICES N C COMMl1NITY CONCERT RANI ) 3RD ORTR 2007-941 / 95-6000749 TRADE SETTLING 9/29/07 - 10/05'07 TRADE SETTLING 9'2207 - 9/28/07 VALLEY INDUSTRIAL. SPECIALTIES MOP P46453 PLUMBING SI11'I'LIES W'ALMART WATER I.INL •IECHNOLOGICS WILLY'S ELECTRONIC SUPPI.Y WOOD & WOOL) WOOD & WOOL ) WOOD & W001) WOOD & WOOD HEALTHY HOMI•:S SUPPLIES CI ICMICALS FOR MUNICIPAL P001. MOP 45763 COMPUTER SUPPLIES CI.AIMIFRISBIE V. CITY OF N C CI .AIM/GONZALF7. V. OFFICER ONE. CLAIM/ACCIDENT OF JUNE 29 2007 CLAIM/A. FLORES V. J C PENNEY 217579 10/23/07 210.00 217580 10/23/07 148.00 217581 10/23/07 59.49 217582 10/23/07 8,000.00 217583 10/23/07 312.50 217584 1023/07 50.00 217585 10/23/07 60,398.01 217586 10/23/07 125.00 217587 10/23/07 1,354.25 217588 10/23/07 6,152.50 217589 10/23/07 75,939.96 217590 10/23/07 26,514.97 217591 10/23/07 576.78 217592 10/23/07 280.00 217593 10/23/07 185.90 217594 1011107 245.91 217595 102 3/07 180.00 217596 10/23/07 759.60 217597 10/23/07 130.25 217598 10.23/07 892.35 217599 10/23/07 198.81 217600 10/23/07 741.02 217601 10/23/07 200.59 217602 10/23/07 514.87 217603 10/23/07 186.46 217604 10/23/07 6,878.44 217605 10/23/07 4,148.81 217606 10/23/07 2,032.50 217607 10/23/07 611.00 Total 555,548.88 Total 555.548.88 P.a\ ROLL. Pay period 314 Strut Uate 09/25/07 End Date Check Dai, 10/08/07 10/17/07 • Total $902,993.91 GRANDIOTAL $1,458,542.79 City of National City Warrant Register # 17 10/23/2007 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 108 LIBRARY CAPITAL OUTLAY 109 GAS TAXES FUND 111 P.O.S.T. FUND 120 PLAN CHECKING REVOLVING FUND 125 SEWER SERVICE FUND 131 ASSET FORFEITURE FUND 136 TINY TOT CLASSES FUND 154 STATE PUBLIC LIBRARY FUND 158 SWIMMING POOL REVOLVING FUND 171 LIBRARY SCHOOL DISTRICT CNT RCT 172 TRASH RATE STABILIZATION FUND 173 NATIONAL SCHOOL DIST CONTRACT 174 SWEETWATER SCHOOL DIST CONTRAC 188 GRANT - HIDTA 191 STOP PROJECT 212 PERSONNEL COMPENSATION FUND 230 ABANDONED VEHICLE ABATEMENT GRANT 246 WINGS GRANT 254 LEAD -BASED PAINT HAZARD REDUCTION GRANT 282 REIMBURSABLE GRANTS CITYWIDE 290 POLICE - FEDERAL GRANTS 294 HUD HEALTHY HOMES GRANT 301 GRANT-C.D.B.G. 302 CDC PAYMENTS 307 PROPOSITION A" FUND 320 LIBRARY GRANTS 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 628 GENERAL SERVICES FUND 629 INFORMATION SYSTEMS MAINTENANC 630 OFFICE EQUIPMENT DEPRECIATION 631 TELECOMMUNICATIONS REVOLVING 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND Total 955,481.32 26,556.98 18,591.94 0.00 4,610.43 234.92 32,867.63 33,941.95 15,389.00 125.65 2,807.56 849.25 1,097.37 3,073.69 649.61 4,169.08 1,320.46 800.72 4,156.66 2,881.44 31,253.78 3,623.87 385.18 54,003.00 2,140.98 5,258.85 37,742.22 6,947.61 6,185.36 86,560.80 26,190.83 4,462.47 23,605.35 6,547.96 1,890.46 14,671.92 37,466.49 1,458,542.79 City of National City, California COUNCIL AGENDA STATEMENT ?STING DATE Nowmber 20, 2007 AGENDA ITEM NO. 18 ITEM TITLE Warrant Register # 18 for the period of 10/24/07 through 10/30/07 in the Amount of $73,736.12 PREPARED BY D. Gallegos -Finance DEPARTMENT EXPLANATION Finance Jeanette Ladrido 619-336-1331 Per Government Section Code 37208, attached are the warrants issued for the period of 10/24/07 through 10/30/07. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Check# Amount Explanation No checks over $50,000.00 Environmental Review Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Not applicable. BOARD / COMMISSI N RECOMMENDATION Ratification of wary is in the ;J'i oun •f $ 73, 36.1 ATTACHMENTS ( Listed Below) Resolution No. 1. Warrant Register#18 A 200 9 Payee BOARI) OE EQUALIZATION ACEDO AJ.LEN City of National City WARRANT REGISTER # 18 10/30/2007 Description chk no chk date amount SALES & USE. TAX 3Rll ORTR 2007 RETIREE HE.AI:T1I BENEFIT NOV'07 RETIREE HFAI. FI I BENEFIT NOV'07 ARC ERGONOMICS OFFICE SIJPPLIES/TESS LIMFIIF.C:O ASTRO ML:CILANICAI, CONTRACTOI REPLACE AIR CONDITIONING; UNIT AT&I; MCI AT&T_-MC1 AUSTIN DOORS BOYD CWREED JR CAI.RO CAMFON CITY OF NATIONAL CITY CLEAN HARBORS COOPER'S 1'I.UMBING & HEATING CORPORATE EXPRESS DI:IR\TIS DIA/. DICLRC111O DC)KK.EN ENGINEERING DRE:D(i1 DS1. EXTREME EWER' I", PLIILLIP GORMSEN APPLIANCE, CO HA\i11 "I ON HOI.LOWAY PHONE 339-342-2741 08/01-09/06/07 LOCAL PHONE SVC CITY-WIDE DOOR REPAIRS RETIREE HEM .Ti I BENEFIT NOV'07 RETIREMENT 2000964• S90 NOV 2007 CALBO MEMBERSHIP'GARCIA TONY SUBSISTENCE:iC:ORE COURSE RPLC CK#212268-OUT OF STATE SALES TAX IIAZARDOIJS WASTE PICK UP PLUMBING REPAIRS FOLDER LETTER. 11 PT RETIREE HEALTH BENEFITS NOV'07 1'RAVI/L EXP/TR4INf.R COURSE RETIREE HEALTH BENEFITS NOV'07 SEPTEMBER 2007 SERVICES RETIRI.1: HEALTH BE.NI{FITS NOV.07 DSI. IN VERNET LINE. - NOV 07 RETIREE HEALTH Iil{NEFITS NOV.07 FREE:/IER. MANUAL DEFROST RET 1RI:1 HEALTH BENEFITS NOV'07 RETIREE HEALTH BENLFITS NOV'07 217608 10/79/07 2,358.00 217609 10/30/07 160.00 217610 10/30/07 125.00 217611 10/30/07 402.83 217612 10/30/07 8.702.00 217613 10/30107 505.55 217614 10/30/07 312.78 217615 10/30/07 200.00 217616 10/10/07 145.00 217617 10/30/07 1,05130 217618 10/30/07 215.00 217619 10/30/07 1,536.00 217620 10/30/07 33.72 217621 10/30/07 501.00 217622 10/30 /07 140.00 217623 10/10107 243.13 217624 1(1(30/07 120.00 717625 10/30/07 107.67 117626 10/30/07 70.00 217627 10/30/07 23397.99 217628 10/30/07 250.00 217629 10;30/07 53.88 217630 10/30/07 160.00 217631 10/30/07 696.41 217632 10/30/07 100.00 217633 10 / 3 0 / 07 150.00 1 City of National City WARRANT REGISTER 4 18 10/30/2007 Payee 1 TUERTA INFRASTRUCTURE ENGINEERING 1N'I FRNAIIONAL CODE COUNCIL 1 KIMI3J.F. K LOS K01,ANDA LOI'F7. MARIN CONSULTING ASSOCIATES MATIENZO MCCABE MURRAY MX LOGIC, INC MY1:IZS NEXI IS INTEGRATE!) SOLUTIONS NIIV NIXON EGLI EQUIPMENT CO. NOSAL, WILLIAM A. PARTS PLUS AUTOSTORE #711 PAi 111 PERRY FORT) I'OTFER PO1VL•RSTRIDJ; BATTERY CO INC PRUDENT 1AI. OVERALL SUPPI.Y- RAY ROI)RIGUEZ RON BAKI:R C:IIEVROI.ET GFO-ISII RUIZ Description COMMERCIAL CLASS B 1.1C REHAB ENGINEERING PLANNING SVCS IC C130 TECHNOLOGY CEP COURSE RETIREE HEALTH BENEFITS NOV'07 SUBSISTENCE/TRAVEI. EXP RETIRED: I1FALTH BENEFITS NOV'07 TRANSLATION SVCS 10/17;07 TUITION/SUPERVISION WORKSHOP RI ITRFE HEALTH BENEFITS NOV'07 RETIREE. HEALTH BENEFITS NOV'07 RETIREE HEAL; TH 131:NEFITS NOV'07 MAIL 111.TER/WEB I II,TFR SVC OCT07 RETIREE IIFALTH BENI•:FUTS NOV'07 IN 1101.1SE PHONE MAINTENANCE TUITION/EXAMINERS COURSE SWEEPER REPAIR PARTS RETIREMENT SETTLEMENT NOV'07 MOP 464946 AU10 BELTS RETIREE HEALTI I BENEFITS NOV'07 MOP 445703 REPAIRS Sl!SP1..NSION RETIREE HI AI.TII BENEFITS NOV'07 MOP i67839 BATTERY MOP 445742 UNIFORMS - PARKS RETIREE HI:ALF/1 BENI FI'IS NOV'07 AI)V TRAVEL. X SI113SISTENCit CONE MOP 445751 R1'.I'I.ACE THERMOSTAT RETIREE 111ALTH BENEFITS NOV'07 chkno chi: date amount 7.1 /634 1(00/07 109 00 217635 10/3(1107 2,395.00 217636 10/30/07 59.00 217637 10/30/07 300.00 217638 10/30/01 1,145.37 217639 10/30/07 135.00 217640 10/30/07 160.00 217641 10/30/07 235.00 217642 10/30/07 100.00 217643 10/30/07 280.00 217644 10/30107 150.00 217645 10/30/07 441.0' 211646 10130/07 140.t,,. 217647 10/30/07 1.375.6. 217648 10/30/07 1,295.00 217649 10/30/07 80.20 217650 10/30/07 992.29 217651 10/30/07 371.81 217652 10/30/07 340.00 217653 10/30/07 1,137.43 217654 10/30/07 150.00 217655 10/30/0' 256.68 217656 10/30/07 158.53 217657 10/30; 07 190.00 217658 10.130'07 753.61 217659 10/ 30;0 7 265 9' 217660 10.'10/07 310' City of National City WARRANT REGISTER # 18 10/30/2007 Payee SAN DILGO MIRAMAR COLLEGE: SIIOR"I , CRAIG STRA"TACOM "TETRA TECH ASL, INC. UNITEI) PARCEL SERVICE. VERI7.ON WIRELESS WATERLINE TECHNOLOGIES 71ETLUW, DAVID Description TUITION/PUB SAF DISPAT COURSE RETIRE HEALTH BENEFITS NOV'07 MOP 63845 1BAR FORM JUI'W 30 TO JULY 27 2007 SERVICES UPS SI IIPMF.NT DOCUMENT CELL PHONES 8/27-9/26/07 CHEMICALS FOR MUNICIPAL. P(X.)L RETIREE HEAI:l'H BENEFITS NOV'07 chk no chk date amount 217661 10/30/07 260.00 217662 10/30i07 300.00 217663 10/3(1/07 172.92 217664 10/30/07 15,535.05 217665 10/30/07 20.33 217666 10/30/07 903.36 217667 10/30/07 1,331.27 217668 10/30'07 150.00 Total S 73,736.12 (.rand 'Total 73,736.12 3 City of National City Warrant Register # 18 10/30/2007 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 109 GAS [AXES FUND 111 P.O.S T. FUND 125 SEWER SERVICE FUND 172 TRASH RAKE STABILIZATION FUND 212 PERSONNEL COMPENSATION FUND 282 REIMBURSABLE GRANTS CITYWIDE 302 CDC PAYMENTS 307 PROPOSITION A" FUND 312 STP LOCAL/1 RANSNET HIGHWAY 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 628 GENERAL SERVICES FUND 629 INFORMATION SYSTEMS MAINTENANC 630 OFFICE EQUIPMENT DEPRECIATION 631 TELECOMMUNICATIONS REVOLVING 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND Total 6,685.68 8.79 113.50 16.58 1,515.00 17,960.23 535.65 5,868.59 77.46 6.48 2,683.75 20,714.24 11,074.53 402.83 78.72 458.09 8.87 3,150.66 86.46 2,290.01 73,736.12 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 20, 2007 AGENDA ITEM NO. 19 ITEM TITLE Investment Report for quarter ended September 30, 2007 PREPARED BY DEPARTMENT Jeanette Ladrido, CPA Finance x 4331 EXPLANATION See attached report Environmental Review Not applicable. Financial Statement Staff certifies that there are sufficient funds to rretje City's financial needs. Account No STAFF RECOMMENDATION Accept and file the Investment Report for the Quarter ended September 30. 2007. BOARD 1 COMMISSION RECOMMENDATION difYlaitt ATTACHMENTS 1 Background/Investment Overview 2 Portfolio Summary — Quarter ended September 30, 2007 l Resolution No. A-200 (9/80) ATTACHMENT 1 BACKGROUND California Government Code Section 53646 requires that staff submit an investment report to the City Council within 30 days following the end of the quarter that consists of the following information: V )7 V N7 N7 V Type of investment or description, Issuers (bank or institution), Dollar amount, Interest rate, Current market valuation as of the date of the report, And the date of maturity. In addition, the code requires that the report states the City's compliance with it's investment policy and include a statement on the City's ability to meet it's pool's expenditure requirements. OVERVIEW OF CITY INVESTMENTS The City of National City investments most of its funds in the California Treasurer's Local Agency Investment Fund (LAIF). This is a liquid investment pool, which allows participants to earn market rate returns of large investments, while retaining access to funds within 24 hours of a withdrawal request. For the quarter ended September 30, 2007, LAIF's retum was 5.23%. Federal Agency Securities account for approximately 15% of the investment portfolio. The average rate of return is 4.62%. The City has 68 investments in Certificates of Deposit. These investments are in increments of 99,000 to ensure that the funds meet the Federal Deposit Insurance Corporation (FDIC) requirements. The average rate of return is 5.426%. On 9/13/2007, City Council approved a $2 million investment in the CDARS program. This investment yields 5.13% and accounts for 4% of the portfolio. CalTrust, a Califomia joint powers authority, is a pooled investment fund which consolidates investment activities of its participants. This investment yields 5.29% The average monthly expenditure of the City is 5.4 million. To ensure compliance with Government Code Section 53646, the City must have 32.4 million available to meet cash flow requirements. Staff certifies that there are sufficient funds to meet the cash flow requirements. SUMMARY OF INVESTMENT PORTFOLIO As of September 30, 2007 INVESTMENTS HELD BY THE CITY Investment Type % of Book Value Market Value Portfolio Certificates of Deposit 6,437,000.00 6,437,000.00 13.44% LAIF 30,109,031.23 30,125,696.07 62.85% Federal Agency Securities 7,048,599.79 7,062,010.91 14.71% CalTrust 2,210,568.93 2,210,568.93 4.61% Negotiable CD/CDARS 2,099,000.00 2,098,819.82 4.38% CalTrust 4.61% Federal Agency Securities 14.71% 47,904,199.95 47,934,095.73 100.00% Negotiable CD/CDARS 4.38% Certificates of Deposit 13.44% LAIF 62.85% Investments Liquidity Book Value % of Portfolio On Demand Within One Month One Month to One Year Within One to Five Years City of National City Finance Department 32,319,600.16 1,684,000.00 7,357,687.50 6,542,912.29 67.47% 3.52% 15.36% 13.66% 47, 904,199.95 100.00% --v1 rirt-: z z City of National City Portfolio Management Portfolio Summary September 30, 2007 City of Nat onal City Par • Market Book !/. of Da s to YTMIC YTM!C Investments Value y Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. Certificates of Depos.: - Monthly 6,437,000.00 6,437.000.0C. 6437,000.00 - 13.44 456 190 5.352 5.426 LA•F 30,109,031.23 30,125,696.07 30,139,03'.23 52.8E 1 1 5.158 5.233 Negotiab.e/Transferable CDs 99,030.0C 98,819.82 99,000.00 0.21 365 227 5.094 5.165 Federal A9ercy Securities ',050,C00.0C 7 062,C10.91 7,C48,599.79. 14.7' 11,537 774 4.557 4.620 CafTrust 2.2'0,568.93 2.210.558.93 2.2'0,568.93 461 1 5.215 5.290 CDARS 2.000.300.00 2.000.000 GO 2,000,000.03 4.18 364 346 5.060 5.130 Investments Total Earnings Current Year Average Daily Balance Effective Rate of Return Jean e Ladrido, Finance Director 47,905,600.16 47,934,095.73 September 30 Month Ending 199,049.17 45,958,575.65 5.27% Reporting period 09/01/2007-09/30/2007 Rur Gale ' 1 iC 72C 37 - "-35 1(1-qtri Fiscal Year To Date 629,710.26 47,854,580.70 5.22% 47,904,199.95 100.00% 304 155 5.094 5.165 Portfolio CNC CC PM (PRF_Pr.11) Syrr• Rept 5.41.2C25 Repot Ver. 5.CC CUSIP City of National City Portfolio Management Portfolio Details - Investments September 30, 2007 Page 1 Average Purchase Stated YTMIC Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate S&P 365 Maturity Date Certificates of Deposit - Monthly SYS'.1C39 1'069 AB&TNalicnai Bart 03.'30/2006 99,000.00 99,000.0C 99,000.00 5.300 134 5.300 0 1=1/2037 5Y511149 11149 Alliance Banking Company 05/03/2007 99,030.00 99,000.00 99,000.00 5.365 185 5.365 217 05/05/2008 5"511145 1' 145 Advanta Bank Corp 04/25/2007 99,000.00 99,000.0C 99,000.00 5.300 300 5.300 207 04'2512008 S"S1'076 11076 American Home Ban. 04/24;2006 99,000.00 99,000.00 99,000.00 5.340 208 5.340 23 '0'24,2007 5Y511073 11078 American Bank 04/26/2008 99,000.00 99,000.00 99.000.00 5.400 254 5.400 25 10/2612007 SYS11' 91 11191 Appalachian Community Bank 0606/2007 99,000.00 99.000.00 99,000.00 5.410 234 5.410 249 06/06.'2008 5Y511194 11194 Benchmark Sank C6106!2007 99,000.00 99.000.00 99,000.00 5.450 169 5.450 249 06/06/2006 SYS' 1207 11207 The Brand Banking Company 05;16/2C07 99,000.00 99.000.00 99.000.00 5400 255 5.400 686 08,17!2009 SYS11391 '1091 Busey Bank of Florida 05:21/2006 99,000.00 99.00C.00 99.000.00 5415 741 5.41E 5' 1',21'2c07 5Y511077 11077 Business Bark of Fox River Vly 04.'24,2006 99.000.00 99,000.00 99,000.00 5.30C "74 5.300 23 10/24/2007 5Y511133 1,133 Caoe Fear Bark 02'07/2007 99,000.00 99,000.00 99,000.00 5.500 181 550C '29 02;37/2008 S'51'059 1'089 Cen:enral Bank of the Wes: 05/01/2006 99,000.0C 99000.0C 99,000.00 5.250 131 5.250 31 11:01/2037 5,511129 11129 CerTrusl Bank. N A. 31/22/2007 99,000.00 99,000.00 99,000.00 5.5'0 370 5 5'0 '13 01.'22/2008 5Y511083 11083 Chevy Chase Bank 04/20'2003 99,000.00 99,000.00 99,000.30 5.260 237 5.260 21 1C.'22/2007 SYS 11112 11'12 C tizens Nat'. Bark of Ouitmar 10/06'2006 99,000.00 99,000.00 99,000 00 5 400 237 5.400 8 ' O'09;2007 5Y511135, 11'35 Cole Taylor Bak C3/2912007 99.000 00 99,000.00 99,000 CO 5.350 233 5.350 132 03/31;2005 SYS11'36 11136 The CC'umbian Bank & Trust Cc C305/2007 99.000.00 99.003 00 99.000 CO 5.450 249 5.4E0 155 33/04.'2008 SYS' 1117 ' 11' 7 Ccmmun-ly ='rst Bark & Trust 10/23/2006 99.000.00 99.30C.00 99.30C.00 5.550 219 5.550 22 ' 0/23'2007 SYS11192 11192 The Commcnv.ealth Co-operative 06'12/2007 99.000.00 99.000 00 99.000.00 5 470 '81 5.473 2E5 06r2`2008 5Y511108 1' 108 Commerce First Bank 09118/2036 99.000.00 99.00C 07 99.000.00 5.750 223 5.750 353 09/18/2008 SYS11C79 11079 Commercial Bank 04'13/2006 99,000.00 99000.0 99,000.0C 5.260 '86 5.260 14 1.0,15'2C07 SYS1' 195 11195 Comerstcne Bank 06.'11/2007 99,030.00 99,000.00 99,000.00 5.45C 239 5.450 254 06i' 1/2008 5,511119 11119 Corus Balk 10'23/2006 99,000.0C 99,000.00 99,000.0C 5520 300 5.520 22 10,23/2007 5Y511070 11070 Crestmark Bank 03/30/2006 99,030.00 99,030.00 99,000.00 5.300 201 5.30C 0 10!31/2007 SY511060 11080 Dupage National Bank 04113:2006 99,000.00 99,000.00 99,000.00 5.300 107 5.300 14 1.C.15/2007 SYS11219 11219 Farriers Bank 09/10.'2007 99,000.00 99,030.00 99,000.00 5.400 205 5 400 34E. 09.'10/2008 5Y511132 '1132 First Bank of Miami C2/21/2007 99,000.00 99,000.00 99,000.00 5.500 159 5.500 143 02.'21/2068 SYS' 1084 11084 First National Bank in Altus 04/20/2006 99,000.00 99,003.00 99,000.00 5.330 199 5.300 21 10'222007 SYS11196 11196 First National Bank USA 06,25/2007 99,000.00 99.003.00 99,000.00 5.600 255 5.600 268 06/25/2008 SY511068 11068 Forestor State Bank 03130/2006 99.000.00 99,000.00 99,000.00 5.300 200 5.300 0 "0/01/2007 5Y511130 1' 130 Freedom Bank of Georgia 01/31/2007 99,000.00 99.000 30 99.300.00 5.500 189 5.50,,0 122 01/31/2008 5,511093 1'093 Garden City State Bank 07,'C3/2006 99000.00 99.300 CO 99.30C.00 5.300 193 5.800 94 31/03:2008 5"51"146 11146 Gulf Coast Community Bank 05'07/2007 99,000.03 99.000.00 99.000.00 5.38C 236 5.380 219 05/07'200e 5Y6111P7 11'97 Georgian Bank 07/11/2037 99,000.00 99,300.07 99.300.0C 5471 200 5.547 283 37/10.'200e SYS11065 11.085 American Bank; The Grange Ban 04/20/2006 99,000.00 99,C00.00 99.000.0C 5 35C 163 5.350 2'. 10/2222307 SYS1109C 11090 Greatoark Algorquin'CharterOre 05/1C/2006 99,000.00 99,000.00 99.000,00 5 300 208 5.302, 43 1',13'2007 Portfolio CNC CC F`A(PRF Pk'2' +Rep'. .41.2C2b R,r. O3te' 1/C7,2037 - 17:35 nepc't '.'er. 5 03 CUSIP City of National City Portfolio Management Portfolio Details - Investments September 30, 2007 Page 2 Average Purchase Stated YTMIC Days to Maturity Investment # Issuer Balance Cate Par Value Market Value Book Value Rate S&P 365 Maturity Date Certificates of Deposit - Monthly SYSI1200 11200 Home Federal Bank of Holl,,vocd 07,'24/2007 99,003.00 99,000.0C 99,030,0e 5.500 251 5.503 662 07/24;2.009 SYS11209 11269 Hil!crest Bank 0316/2007 99,000.00 99,000,0C 99,000.00 5.260 202 5.260 686 38/17;2009 SYS112C8 112C8 Inter Savings Bank 08;16/2007 99,000.00 99.000.0C 99,000.0C 5.500 260 5.503 686 - 38'17/2009 SYS11199 11199 Jacksonvike Bank 07/'1/2007 99,00000 99,000.0C 99,000.0C 5.565 212 5.565 283 07/10:'2008 SYS1"114 1'114 Mi!'eniur State Bark of Texas 10;13/2306 99,000.30 99,030.0C 99,000.0C 5 600 213 5.600 '2 ' 0/13/2007 S"S1' 193 11193 North Atlanta National Bank C6/192007 99,003.00 99,030.00 99,C00.00 5 51C 179 5.510 263 362C.'2006 SYS11113 1' 113 Neighborhood National Bank 1.0/0712006 100,000.00 130,000.00 '00,00.00 5.000 5.000 6 10/07;2007 S'S1'. 127 11127 Security Pacific Bani'Netwcrk 01/22/2307 99,000.00 99,000.00 99000.00 5.510 285 5.510 113 31/22/2008 SYS11220 11220 New City Bank 09/2612007 99,000.00 99,030.03 99,000.0C 5 15C 249 5.150 728 09/28/2009 SYS11128 ' 1128 Na)' Republic Bank c` Chicago 01/11.;2007 99,000.0C 99,000.00 99.000.03 550C 273 5.500 102 01/11;2008 SYS' 12202 '1202 Omri National Sank 37/23;2007 99,000.00 99,000.00 99 C00.00 5.500 210 5.5.00 661 07/23,2009 SYS11134 11134 Park Cities Bank 0221/2007 99,000.00 99,000.00 99.300.00 5.550 258 5.550 143 02'21;2008 SYS11'53 '1153 Piedmont Communly Bank 05/31/2007 99,000.00 99,00003 99,000.00 5.400 14' 5.400 245 06'02'2005 SYS' 1087 11087 Republic Federa! - Pineoank NA 35/11;2006 99,000.00 99,000 CO 99.000.C3 5.49.0 116 5.490 42 11122007 SYS' 1'21 11'21 Pinraca Sank 11'20;2006 99,000.03, 99,000.00 9900000 5.513 153 5.510 50 11'2012007 SYS11!07 11107 Peooles Sate Bank 09'13;2006 99.000.03 99.000 CO 99.300.00 5.503 193 5.500 351 0915/2003 SYS11O88 11083 Rio Bark 05'11/2006 99.000.00 99.000 CO 99.000.00 5.463 93 5.460 42 1112/2007 SYS11206 11208 STATE BANK OF INDIA ;CAL F) 0718,2037 99.000.00 99.000.00 99.000.00 5.61.0 170 5.610 291 0718i2008 SYS11177 11177 Signature Bark 05;01/2007 99.000.00 99,007, 30 99,000 CO 5.375 254 5.375 213 05.'011/2005 SYS1' 13' 11131 Southern Bark 02'05/2037-99.000.03 99,003 00 99,003.00 5.450 180 5 450 '27 02'05/2008 SYS11218 11218 Sun West Bank 09:20/2007 99,000.00 99,000.00 99,000 00 5.400 156 5 400 354 09f19/2008 SYS11154 11154 TCM Bark, N.A 05,09/2007 100.000.00 1C3,3C0.00 100,000.00 5.400 300 5.400 39 11l09/2007 S'S1' 144 11144 Tennesse Commerce Bank 04/16/2007 99.000 00 99,000.00 99,000.30 5.350 226 5 35C 198 04,16/2008 SY511147 11147 Treaty Oak Bank 05/16/2007 99,000.00 99,000.00 99,003.00 5.400 180 5 400 228 05/'6!2006 SYS11115 111'5 First Tuskegee Bank 10/17/2006 99,000.00 99,000.00 99,000.00 5.600 143 5.600 16 10i17'2007 SYS' 1148 ' 1148 Union Bank N.A. C5i07/2007 99,009.30 99,000.0C 99,000.00 5.400 256 5.400 219 05/072308 SYS' 1198 11198 Union Natioral Bank c' Elgin 07/19.'2007 99,000.00 99,000.00 99,030.00 5.580 241 5.580 292 07i19!2008 SYS' 1143 '1143 West Polrte Bank 3,4/11!2007 99,000.00 99,000.00 99,000.00 5.250 231 5.250 193 34,' 1!2006 SYS11'52 11'52 WestSice Bank 05/24;2007 99,000.0C 99,030.03 99,000,00 5 39C 300 5.390 239 05/2712008 LAIF 98-37-576 Rur Date ' 11072C07 -'7.35 Subtotal and Average 6,440,300.00 6,437,000.00 6,437,000.00 6,437,000.00 5.428 190 11053 Local Agency ,nvestrnen' Fund Subtotal and Average 28,792,364,56 30,'09,031.23 .50.125.696.07 33,109.031.23 5230 5.230 1 30,109,031.23 30,125,696.07 30,109,031.23 5.230 1 Portfolio CNC CC P},1 TRF_PK2) Syr1Rec: 5.41.2C2b CUSIP City of National City Portfolio Management Portfolio Details - Investments September 30, 2007 Average Purchase Investment # Issuer Balance Date Par Value Page 3 Stated YTTJI/C Days to Maturity Market Value Book Value Rate S&P 365 Maturity Date Negotiable/Transferable CDs 6242318A3 11213 Mountair National Bank Subtotal and Average 99,000.00 05115/2C07 99,000.00 98.819.82 99,000.00 5.150 215 5.165 227 32i'5.'2008 99,000.00 98,819.82 99,000.00 5.165 227 Federal Agency Securities 31331XX31 '1217 °ederal Farm Credit Bark 08:27,2007 250.000.00 252,137.50 250,000.00 5.650 5.650 1,792 03;27/2012 3128X1DC7C 10842 Federal Home Loan Bank 05'28/2003 100,000.00 99,501.00 100,000.00 4.500 AAA 3.54C 24C 05;28/2008 31339X7Q7C 10849 °ederal Home Loan Bank 05.'30/2003 100,000.00 99,595.00 100,000.00 5.000 AAA 3.250 273 05'30/2008 31339Y6G2C 10856 Federal Horne Loan Bank 07/17;2003 100,000.00 99.595.00 99 937.50 5.250 AAA 3.364 290 07.'17/2033 31339YFN7C 10857 Federal Horne Loar Bank 07,24/2003 100,000.00 99,563.00 99,750.00 5.250 AAA 3.455 297 07'24,2008 31339XCN7 10863 Federal Home Loan Bank 07/02/2003 100,000.00 99,813.00 100,000.00 4.500 AAA 3.100 275 07:02/2003 31339X0N7 10867 Federal Home Lcan Bank 07/02/2003 100,000.00 99,813.00 100,000,00 4.500 AAA 3.100 275 07'022008 31339Y6G2 10865' Federal Home Loar Bark 07/17/2003 100.000.00 103,031.00 100,000.00 5.250 AAA 3.350 290 07'17;2008 31339YYD8C 10372 Federal Home Lcan Bank 08/13/2003 100,000.00 99,438.00 100,000.00 5.000 AAA 3.750 317 06'13;2008 3133X0CE6 10875 Federal Ho -re Loan Bark 08126/2003 1C0,000.00 99.626.00 100,000.00 5.500 AAA 4.000 330 08/26/2008 31339YYD8 1C882 Federal Home Loan Bank 05/13/2003 100,000.00 '00.031.00 100,000.00 5.000 AAA 3.750 317 38,13;2008 3133X0769 10683 Federal Home Loan Bank 03;20/2003 100,000.00 100,094.00 100,000.03 5.250 AAA 4.050 324 08/20/2008 3'33X'LS4C 10898 Federal Horne Loan Bank 10;30/2003 100,000.00 100,310.00 99,900.00 4.750 AAA 3.922 395 '0/30/2008 3133X1L39C '0899 Federal Horne Loan Bank 10;30/2003 100,000.00 '00,060.00 99,375.00 4.500 AAA 3.888 395 10,3C:2008 3133X24X0C 1-0913 Federal Home •Loan Bank 11/28/2003 100.000.00 100,49700 99.562.50 5 000 AAA 4.198 424 11/28./2008 2'33X23C7 10920 =ederal Home Loan Bank 11/26/2003 100,000.00 100,063.00 100.000,00 5.000 AAA 4.150 422 11/261200E 3'33X2.IS5C 10921 Federal Home Loan Bank 12'16,2003 100,000.00 100,466.00 99.812.5C 5.COC AAA 4.142 442 12,16.'2008 3'33X3084C 10922 Federal Home Loan Bank 01/30/2004 100.000.00 100,622.00 99,937.5C 3 125 AAA 3.139 487 0'i30!2009 3133X3RF2 10931 °ecera' Hone Loan Bank 02'28/2004 100,000.0C 100,094.00 '00,000.00 5.000 AAA 4.182 695 C8/26/2009 3133X3nNC3C 10935 Federal Horne Loan Bank 02/27;2004 100,000.0C 100,216.00 99,937.50 5.000 AAA 4.' 14 515 02/27:2009 3133X4P21C 10940 Federal Home Loar Bank 03,25/2004 100,000.00 99,654.00 99 937.5C 4.000 AAA 3 664 54' 03,25_/2009 3133X5FE3C 1094' Federa' Home Loan Bank 03/30;2004 100,000.0C 100,000.0C 100,000.0C 5.500 AAA 4 100 546 03;30/2009 3133X52E7 10942 Federal Home Loan Bank 03,3C/2004 100,000.00 99,591.0C 99,937.50 4.500 AAA 3.614 546 03;30,2009 3133X5FE3 10945 Federal Home Loan Bank 03/30;2004 100,000.00 100,000.00 100,000.00 5.530 AAA 4 IOC 545 C3;30,20.09 3133X52E7C 10947 Federal Home Lcan Bank 03/30'2004 130,000.00 100,250.00 100,000.00 4.500 AAA 3 60C 546 03/30/2009 3133X5L48C 10948 Federal Home Loan BanK 34/21:2004 100,000.00 99 404.00 99,562.50 4.500 AAA 3 621 568 04;21/2009 3133X5NZ7C 10949 Federal Home Loan Bank 04/22'2004 100,000.00 98,747.00 100,000.00 4.000 AAA 3.540 569 04/22/2009 3133X5VR6C 1095C Federal Horne Loan Bark 04/28'2004 100,000.00 100,779.00 100,000.00 5.150 AAA 4.100 575 04,'28/2009 3'33X6BGcC '0951 Federal Home Loan Bank 04,29/2004 100,000 00 100029.00 99,968.75 5.000 AAA 4.057 576 04/29/2009 3'.33X6DBGC '0952 Federal Ho -re Loan Bank 04,30/2004 100,000.00 103,06000 99,800.00 4.250 AAA 3.994 577 04,'30,2009 3133X6NQ5 10961 Federal Hole •Loan Bank 05/12/2004 100,060.00 100,418.00 99,906.25 3.000 AAA 3 020 589 05112,2009 3'33X6NP7C 10984 =ederal Home Loan Bank 05/12/2004 100,000.00 100.'85 00 100,000.00 3.250 AAA 3.250 589 05'12/2009 RL1 Dale: 11'37,27" 7:35 Port'olio CNC CC PM ;PR=_PN"-Pep: 6 4 .202b City of National City Portfolio Management Portfolio Details - Investments September 30, 2007 Page 4 CUSP Investment Purchase Stated YTM,C Days Investment # Issuer Balance Date Par Value Market Value Book Value Rate S&P 365 Maturity Maturity to Federal Agency Securities 3133X6DYJ2C 13965 °ede, Home Loan Sank C5/26./2004 100,003.0C 100,122.00 99,937.50 5.000 AAA 3.9'4 503 05,25/2009 3133X6NP7 ra 3133X8B68 13966 cedoral Home Loan Eank C5/1212304 100,000.0C 100,C63.00 '00.000.03 5.000 AA.: 4.250 58£ 05.'12,2009 10937 Federal More Loan Bank 08/26/2004 100,000.00 "00.771.00 1C0A00 CO 5500 AAA 4.450 695 08.'26/2009 3'33XBMG4C C 3'33XBMG1099E Federal lore _oan Bark 39,23/20(4 100,030.00 100.271 00 99,953.13 5.000 AAA 4.260 723 091232C09 3133X8JQ6 10997 Federal Home Loan Bang 09,30;2004 '00.000.00 '01.005.00 130,000 00 6.000 A.4A 4 80C 730 09130/2009 '1003 Federal Home Loar Bark 09.'212034 100.000.03 100.125 00 09,762.50 5.0)0 AAA 4 303 723 C9;232009 3133X,236 11'37 Federa Hone Loar Bank 03101/207 200.300 CO 2C0,312.00 230,000.00 5500 :.AA 5.50C 1,065 09/01'2010 3133XK:T3 3133XKTK1 111E0 Federa' Hone Loan Bank 051'0/2007 2G3.000 00 200,18558 200,099.56 5 375 AAA 5.375 949 C5,07'2010 3133XK53G 1"181 =ederal Home Loan Bank C51"4,2307 2C0,0C3.00 230,144,OG 200000.00 5 30C AAA 5.303 410 11/14.2008 1' 197 °ederal Home _oan Bank C6,06/2007 200,000.00 200,700.72 20C.434.72 5.45C 3'32XL5W9 1118E Federal Home Loan Bank AAA 5.4 00 5 84 06:20 06/11:2007 200,000.0C 20G.<"44. G'0 2(!C.000.CO S.SCJ AAA 5.600 984 06,11/i';2010 3 3'33X_.:20 3133X_LXS , 1139 Federal Here Loan Bark. 06,2912007 200,000.00 200.354.CD 200,300.00 5.800 AAA 5.800 ' '84 12'28,2010 ' 119C Federal Home Loan Barr. 07/1/12007 100,000.00 '00.226.00 100,00'3 30 5.500 AAA 5.6 3133XLKDa W 833 01'1'r2C•10 11205 Federa' Hone Loan Bank 07/C9i2C•07 293,000 C0 2C3362A0 200,000.00 5.625 AAA 5.625 1,012 07;09/20'0 31333133XM5S6 .<KUL7 11210 Fede-a' Home Loan Bank 09127/2007 250,00000 250,859.25 250,000.00 5.750 AAA 5 750 1,792 C127'2C'2 11211 Federal Horne Loan Bank 08,02,2007 200,000.00 202,337.5C. 201,097.50 5.250. AAA 5.337 1,702 05,29/2012 3133XLUL5 1'216 'ederal Home 1..oan Sank 08,1512307 250,003.00 252,422.50 250,C30.00 5.750 AAA 5.750 1,780 08i".512012 313c- BLEB 11151 Federal Nad.:'ortgage Assoc. 04/23/2007 230,000.00 200,126.00 200.000.0.0 5.350 AAA 5.350 935 04/2312010 3'29X5C55 11139 Freddie Mac D3/0512007 200,000.00 200,186.00 200.000.00 5.500 AAA 5.500 986 03,05;2013 3123X5G93 11,42 Freddie Mao 03/C6;2007 200.000.00 200.224 CO 2C3.000 Co 5.320 AAA 5.320 522 03'C5/2009 3128X54J9 3128X57D4 11178 Freddie Mac 05.'07/2007 20C.000.00 200.110.00 200,000 30 5.250 AAA 5.250 584 05.'07,2009 111E2 Freddie Mac 05125/2007 '00.00000 100,'27.86 1.00,009.96 5.375 AAA 5.384 784 11/23/2009 Subtotal and Average 7,225,266.46 Pass Through Securities 3133TGSG5 '0337 Federal Horne Lcan Mrtcaae Corp ' 1/30f'9900 B 0.00 0. V 0 CO 6003 AAA 8.000 0 01'15; 2013 Subtotal and Average 0,00 0.00 0.00 0.00 • 0.000 0 CalTrust 231-000017-'0 11059 CaiTnlst 2,210,568.93 2,210,568.93 2,210,568.93 5290 5290 Subtotal and Average 2,201,644,63 2,210,568,93 CDARS S"S1'215 Rut Dave: 1 •/e7.2007 • :7:35 7,050,000,00 7,062,010.91 7,048,599.79 4.620 774 2,210,568.93 2,210,568.93 5.290 1 11215 Neighborhood Natioral Bank 09.'13/2007 2.000.000.00 2.000.000.00 2,000.000.00 5.'30 5.130 346 09'1112008 Subtotal and Average 1,200,000,00 2,000,000.00 2,000,000.00 2,000,000.00 5.130 346 Portfolio CNC CC ?N (PRF_Prr)Sy'nReot 6.41 202E CUSIP City of National City Portfolio Management Portfolio Details - Investments September 30, 2007 Average Purchase Stated YTM/C Days to Investment: Issuer Balance Case Par Value Market Value Book Value Rate S&P 385 Maturity Page 5 I tur Daln ' 1,C72437 • 17:35 Total and Average 45,958,575.65 - 47,905,600.16 47,934,095,73 47,904,199.95 5.165 155 Pcrtfc'.io CNC cc PM tPRF PM21 cvmPerl 5.41.2C2b CUSIP City of National City Portfolio Management Portfolio Details - Cash September 30, 2007 Average Purchase Stated YTM.'C Days to Investment # Issuer Balance Date Par Value Market Value Book Value Rate S&P 365 Maturity Average Balance 0.00 0 Page 6 Total Cash and Investmentss Ru, De:e: 1 '0',2057 . 17:35 45,958,575.65 47,905,600.16 47,934,095.73 47,904,199.95 5.165 155 Portfolio CNC CC =M (=RF_P1.12) Sye Peot 541 202 City of National City Portfolio Management Interest Earnings Summary September 30, 2007 September 30 Month Ending Fiscal Year To Date Page 1 CD/Coupon/Discount Investments: interest Collected 59,913.01 167,718.93 Plus Accrued interest at End of Period 115,573.35 115,573.35 Less Accrued Merest at Beginninc of Period ( 115,586.52) ( 101,005.49) _ess Accrued Interest at Purchase During Period ( 0.00) ( 1,837.50) Interest Earned during Period Adjusted by Capital Gains or Losses Eamings during Periods Pass Through Securities: Interest Collected P'us Accrued Interest at End of Period Less Accrued Interest at Beginning of Perioc Less Accrued hterest at Purchase During Period Interest Earned during Period Adjusted by Premiums and Discounts Adjusted by Capital Gains or Losses Earnings dur.ng Periods Cash/Checking Accounts: Interest Collected Plus Accrued Interest at End of Period Less Accrued Interest at Beginning of Period Interest Eamed during Period 59,799.84 180.449.29 0.00 62.50 59,799.84 180,511.79 0.00 243.82 243.82) 0.00) 0.00 243.82 243.82) 0.00) 0.00 0.00 0.00 0.00 0.00• 0.0 0.00 0.0C. 9 232 03 157.989.11 27.971.81) 465,655.74 157,989.11 174.446.38) 139,249.33 449,198.47 Total Interest Earned during Period Total Capital Gains or Losses 199,049.17 629,647.76 0.00 62.50 Total Earnings during Period Date. " :07Q)G' • 17'.35 199,049.17 629,710.26 Portfolio CNC CC Pt.1 :PRF PN6} Sy'nRep:6 .22321: Repot Vet. 5 J0 City of National City COUNCIL AGENDA STATEMENT MEETING DATE: November 20, 2007 AGENDA ITEM NO. ITEM TITLE: NEIGHBORHOOD COUNCILS MONTHLY REPORTS FOR SEPTEMBER AND OCTOBER 2007 20 PREPARED BY: Kaseem Baker DEPARTMENT Community Services (619) 336-4274 EXPLANATION: Please see attached reports. Environmental Review N/A Financial Statement N/A STAFF RECOMMENDATION Receive and file. BOARD/COMMISSION RECOMMENDATION N/A fTACHMENTS (Listed Below) 1. Neighborhood Council Monthly Report —September 2007 2. Neighborhood Council Monthly Report —October 2007 Resolution No. COMMUNITY SERVICES DEPARTMENT Neighborhood Council Program MEMORANDUM To: Mayor and City Council; Chris Zapata; Leslie Deese; Kaseem Baker From: Lauren Lauletta, Rudy Lopez & Julian Garcia RE: Neighborhood Council September 2007 Wrap-up Northside (September 5) • Residents in attendance: 15 • City staff in attendance:(PD)(FD)(Planning) • Action requests submitted:5 • Presentation: San Diego Rep.; Housing Element • Action requests submitted for August:2 • Action request pending: 0 • Average number of days taken to complete an action request:3 Grander (September 6) • Residents in attendance: 16 • City staff in attendance: (FD)(PD)Parking Enforcement; Planning • Action requests submitted: 0 • Presentation: San Diego Rep.; Housing Element • Action requests submitted for August:4 • Action request pending: 0 • Average number of days taken to complete an action request:4 Central (September 12) • Residents in attendance:13 • City staff in attendance:(PD) (Planning) • Action requests submitted:1 • Presentation: Housing Element • Action requests submitted for August:1 • Action request pending: 0 • Average number of days taken to complete an action request:9 MLK COMMUNITY BUILDING • 140 EAST 12' STREET, SUI rE B • NATIONAL CITY • CA 91950 TEL. (619) 336-4290 • FAX (619) 336-4292 Eastside (September 13) • Residents in attendance: 19 • City staff in attendance: Mayor(PD)(FD) • Action requests submitted: 15 • Presentation: Housing Element • Action requests submitted for August:3 • Action request pending: 0 • Average number of days taken to complete an action request: 12 Olivewood (September 19) • Residents in attendance: 8 • City Staff in attendance: (PD)(FD) • Action requests submitted: 2 • Presentation: Parking Enforcement • Action requests submitted for August:3 • Action request pending: 0 • Average number of days taken to complete an action request: 9 Sweetwater Heights (September 26) • Residents in attendance: 3 • City Staff in attendance: (PD)(FD) • Action requests submitted: 3 • Presentation: Parking Enforcement • Action requests submitted for August:1 • Action request pending: 0 • Average number of days taken to complete an action request:3 Old Town (September 27) • Residents in attendance: 5 • City Staff in attendance: (PD)(FD) • Action requests submitted: 1 • Presentations: Parking Enforcement • Action requests submitted for August:4 • Action request pending: 0 • Average number of days taken to complete an action request: 14 Totals (September) • Residents in attendance: 79 • Action requests submitted:27 • Staff Initiated: 6 • Action requests submitted for August:14 • Action requests pending from August: 0 • Combined average number of days taken to complete an action request: 8 COMMUNITY SERVICES DEPARTMENT Neighborhood Council Program MEMORANDUM To: Mayor and City Council; Chris Zapata; Leslie Deese; Kaseem Baker From: Lauren Lauletta, Rudy Lopez & Julian Garcia RE: Neighborhood Council October 2007 Wrap-up Northside (October 3) • Residents in attendance: 19 • City staff in attendance:(PD)(FD) • Action requests submitted:6 • Action requests submitted for September:5 • Action request pending: 1 • Average number of days taken to complete an action request:7 Granger (October 4) • Residents in attendance: 13 • City staff in attendance: (Mayor)(FD)(PD)(Public Works) • Action requests submitted: 1 • Action requests submitted for September: 0 • Action request pending: 0 • Average number of days taken to complete an action request:0 Central (October 10) • Residents in attendance:15 • City staff in attendance:(FD) (PD) • Action requests submitted:2 • Action requests submitted for September:1 • Action request pending: 0 • Average number of days taken to complete an action request:9 MI.K COMMUNITY BIM DING • 140 EAST 12`" STREET, SUITE B • NATIONAL CITY • CA 91950 T EL. (619) 336-4290 • FAX (619) 336-4292 Eastside (October 11) • Residents in attendance: 14 • City staff in attendance: (Mayor)(FD) • Action requests submitted: 6 • Action requests submitted for September:15 • Action request pending: 2 • Average number of days taken to complete an action request: 13 Olivewood (October 171 • Residents in attendance: 16 • City Staff in attendance: (Mayor)(FD)(PD) • Action requests submitted: 2 • Action requests submitted for September:3 • Action request pending: 0 • Average number of days taken to complete an action request: 9 Sweetwater Heights (October 24) • Cancelled due to fires • Action requests submitted for September:1 • Action request pending: 0 • Average number of days taken to complete an action request:3 Old Town (October 25) • Residents in attendance: 5 • City Staff in attendance: (Mayor)(Public Works) • Action requests submitted: 0 • Action requests submitted for September:4 • Action request pending: 0 • Average number of days taken to complete an action request: 14 Totals (October) • Residents in attendance: 82 • Action requests submitted:17 • Staff Initiated: 2 • Action requests submitted for September:29 • Action requests pending from September: 3 • Combined average number of days taken to complete an action request: 7 Neighborhood Council Quarterly Breakfast- Kimball Senior Center (Oct. 27) • Residents in attendance: 87 • Presentations: Fire Storm 2007- National City response by Chief 1uniel and Chief Gonzalez; Reverse 911 presentation by Walter Amadee, Gang Enforcement Team presentation by Sergeant Matt Smith. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 20, 2007 AGENDA ITEM NO. 21 ITEM TITLE TEMPORARY USE PERMIT — Tijuana Toy Run hosted by Sweetwater Motorcycles on� December 9, 2007 from 8 a.m. to 10 a.m. at 3201 Hoover Ave. with no waiver of fees. PREPARED BY Joe Olson, 336-4210 EXPLANATION DEPARTMENT Building & Safety This is a request from Sweetwater Motorcycles, Inc. to conduct the Tijuana Toy Run at 3201 Hoover Ave. on December 9, 2007 from 8 a.m. to 10 a.m. This event requires a street closure at the 3200 block of Hoover and 33`d Street between Hoover and National City Boulevard. This is an annual event that provides Christmas Toys to needy children in Mexico. All motorcycle riders provide toys as a condition of participation. r Environmental Review X N/A Financial Statement Approved By: The City has incurred $345.00 for processing the TIJP through various City departments, plus $173.42 for Public Works. Total fees are $518.42. Finance Director Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of tees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution N Application for a Temporary l Jse Permit with recommended approvals and conditions of approval. 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: Sweetwater Motorcycles, Inc. EVENT: "Tijuana Toy Run at 3201 Hoover Ave. DATE OF EVENT: December 9, 2007 TIME OF EVENT: 8 a.m. to 10 a.m. APPROVALS PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE. CONDITIONS [ x ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES I x j NO [ ] SEE CONDTI'IONS [ x ] FINANCE YES [ x ] NO 1 ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] ('1"1'Y ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ ] CONDITIONS OF APPROVAL: ENGINEERING NO CIP Projects in the event's vicinities anticipated as of event. However, please confirm with Engineering 2 weeks prior to the event to check, modify, and confirm schedule, if necessary. For more information, please contact Kenneth Fernandez at 619-336-43XX. CITY ATTORNEY (619) 336-4220 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 he determined by the Risk Manager. POLICE (619) 336-4400 Event sponsors will need to coordinate with Public Works and the Traffic Division for road closures and traffic control on the date of the event. 1 FIRE (619) 336-4550 1. Access to all businesses along the parade route to be maintained at all times. Access to entrances and Fire Department connections for lire sprinkler systems, standpipes, etc. 2. Fire Department access into and through all business areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. 3. Fire Hydrants shall not be blocked or obstructed. 4. Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 5. Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s). 6. Any electrical power used is to be properly grounded and approved. Extension cords shall he used as "Temporary Wiring" Only. 7. First Aid will be provided by Barley Davidson employee personnel. PUBLIC WORKS Street Division I . Staff will deliver barricades to street corners or to applicant prior to the event. The applicant shall install these barricades and remove them to a safe location at the conclusion of the event. Stall will pick them up on the following workday. 2. Staff will post "No Parking" signs along affected streets before the event. 3. The cost to provide Street personnel support for this event is estimated to he $173.42. Fees Unless waived by the City Council, the applicant shall pay $173.42 for staff costs associated with this permit request. This cost was estimated as follows: Street Division: $173.42 (account #001-422-221-102) "Total: $173.42 RISK MANAGER (619) 336-4300 I've reviewed the application for the proposed use and have a couple concerns which need to be addressed by the requesting organization. First, we need proof of insurance from the sponsoring organization, Sweetwater Motorcycles, Inc, e.g. an acord form which evidences commercial general liability coverage specific for this event with limits of at least one million dollars ($1,000,000.) per occurrence and the City should be named as an additional insured pursuant to a separate endorsement which should also be provided. In addition, because Sweetwater I larley Davidson is using its own employees to provide first aid and other assistance with the event, we should require evidence of Worker's Compensation insurance as well. Because the event involves closure of public roadways and will impact the right of way, we need to make sure there is adequate insurance in place prior to the event. 1'Il be happy to review the insurance certificate(s) and endorsement when received. 3 Fax. Oct '., 2Ji? ti' -;iiPm 'UU?/016 Type of Event: _ Public Concu t Parade • Motion Picture Lvent Idle: 11 Event Location:. 3 21? 1 14onvtr , virtue Event Dates) From 12-0-07r to 12 -0'L Total Anticipated Attendance. _f'tl 50_ MonthDay/Y«ar (45tm Participanta) ( ZOO Spectators, Fair Demonstration _ Grand Opening Festival Circus X Other 21E3 O m o m a 0 dp -- r► Community Evan. r G Block Party :G o m" Actual Lvent I lours: R:OD arm/pm to 10 :09 am/pm Setup/essembty/construction Date. 12-09 -07_ Start t mc: fA = (1O met Please describe the scope of your setup/assembly wort. (specific details) f Silt Dismantle Date: .a-(7 0 1 Completion Time: //:00 amlmm List any stre.et(s) requiting closure as a result of this event. Include street name(s), day and time of closing and dayand time of reopening. ,32 1 33PD btk•4 a i ikezr Amue 33ai 61,tgif /hovrr ,z144regi 7314,d Sponsoring Organization: t - Chief Officer of Orq ntizuticin (Name) Applicant (Name): Addri:ss: ,.52p1 Am" , Daytim,.i Phone: (10) 477-4477Evening Pho Contact Person 'on site" day et the event. G(rS! Jil For Profit /lam Not-for•Prnti Fax: ( ) Pager/Cellular: /// ' V- 51g0/ NOTE: THIS PERSON MUS1 tit IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 9 lax: Oct 2007 0'.',1pm P008/01R Is your organization a "Tax Exempt, nonprofit' organization? Are admi isioii, entry; vendor or participant tees required? If YES, please explain the purpose and provide amount(s): $ S YES NO YES X NO Estimated Gross Receipts including ticket, product and sponsorship sales from this event. Estimated Expenses for this event. S _ 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. YLS _ 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: 1 5 Fax. Oct 5 2G0' fl 1 i, P009/O16 YES NO Does the event involve the sate or use of alcoholic beverages? YES NO VW items or services be sold at the event? It yes, please descc the. __ 510,9 JW r i) A YMEr4 e . s. - i. • I e, 4011l� ., YFS NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your pmpusc d route indicate the direction of travel, and provide a written narrative to explain your route X YE _ -. NO Does the event involve a fixed venue site? it YES, uriach a detailed site m.,p showing all streets impacted by the event. YES X NO Does the event involve the use of tents or canopies? If Yt S Number of tentfcar opres Sizes NOTE: A separate Fire Department permit is required for tents or canopies YFS NO WiIt 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' V V V V V V V V V Atcohetic and Nonalcoholic Concession andlor Beer Garden area Food Concession andlor Food Preparation areas Please describe how food will he served at the event: If you intend to cook food ;n the event area please specify the method GAS __CLEO I RIC CHARCOAL OTHER (Specify)• Portable and/or Permanent -Toilet Facilities Number of portable toilets: 4 (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 encing, barriers and/or barricades Generator IoCafions 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 dumpstcrs (Note: You must properly dispose of waste and garbage througnout 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: Descnhe your plan for clean-up and removal of waste and garbage during and after the event Fax: Oct ti 2(i0 P010;016 Please <inscribe your procedures for both C:r dd Control and internal Security. ix lamp`V tA1!1AQ 41.40610.elzr / /Iy IJwflh44 i 211) I YES j( 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: Please indica�a what arrangement you have map for orovid:ng h rst d Sta inq nd pm el A.41- aid . Y/ e, crAi 1Oiltsk al a`; u� ,t 1r �,r -1j1 vi d trlx�/;[ 13 kiii2A) alftrd.t- v Lt Iwo r t�'a I aidt2 Y tr au Q.b cc t"vt 4i r31- a cd • J Please describe your Accessibilip Plan for acces at your event by individuals with disabilitcs 74ys Jtardd t'4 a. I D/ilrreJc hi4 ID all t Oho,: Tiro.k1 Of "AL :. Please provi e a doitailed description of your PARKING plan: Ali a_ Pleases descrii a your plan for DISABLED PARKING: r; sa <r�t t kth al/at/AU" .514aci.:li4. r }i •L1. 4 Fax: Oct 5 2001 03:14m PO11/016 Please describe your plans to notify all residents, businesses and churches impacted by the event: .51)/et salu even and w� wf res, OTE: Neighbor o rest scheduled in the City parks. 1 nix P- .511M { b"- L114515 11Q athhfriilfls 1r1 �HL �, Rr1tt1 2SU Y2tt'I%t 5 a %YEit 1)4 lii tr nts must notified 72 hours In advance omen events are _ YES X NO Are there any musical entertainment features related to your event? If YES, please state the number of stages. number of bends and typo of music Number of Stages: _ _ Number of Sands: type of Music: YES X NO Will sound amplrfrcahon be used? If YES, please indicate: _ YES JS. NO Start lime am/pm Finish Time am/grit Will sound checks be conducted prior to the event? tf YES, please indicate: Start time: am/'pm 1 rnish Time am/pm Please describe the sound equipment that will be used :or your event: YES NO Fireworks, rockets, or other pyrotechnics? If YES; please describe: YES X NU Any signs, banners, decorations, special lighting? tt YES, please desrnhe: Revised 08/10/05 A Fax: Out 5 2001.02:13pm P012/01fi Event: For Office Use Onhy Department Approved? Yes No Specific Conditions of Approval Date Initial Council Meeting Date: Approved: Yes No Vote: Kathleen trees, Director Bulling & Safety Department 9 Fax: Oct 5 2007 03.13pm P013/016 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. II� ll )))J t � %j -�-� 1/i� Organization $tJ¢]tela Ler I j / {' T 1424 pialudl Person in Charge of Activity jd I . ✓r`"" Address 32VJ )h?wlrAAA/ Allthgati zei , / 9/zv Telephone ///9 477-4477 Date(s) of Use b/9 477- 447j 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 the Parking Authority 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 activityt<rlcan un e ermit by the permittee or its agents, employees or contr Si. tur 44JcF cial Title Cate' for Offico Use Only Certificate of Insurance Approved Date 10 Oct 200( i6.13om P014/01R 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) X 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 Type of Organization (Service Club. Church, Social Service Agency, etc-) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. - No (Please proceed to Question 5) A Fax. Oct 5 2007 03.13pm P015/01R 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 3 12 /'ir 6'� ,1' Da4-e Fax: Oct 5 2001 :1 . •.,:cr: PO1R/O16 3tti• 31. IA A d?hart,. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 20, 2007 22 AGENDA ITEM NO. IS TEM TITLE Public Hearing - Amendment to the Combined General Plan/Zoning Map from Open Space Reserve (OSR) to General Commercial (CG-PD) on a 15.08 Acre Vacant Parcel on the North Side of Plaza Bonita Road, West of Sweetwater Road, and East of 1-805, and Reviewing, Considering and Certifying a Final Environmental Impact Report to Assess Project Impacts of a Costco Wholesale Facility, Delete/Modify a Mitigation Measure regarding Open Space for the Previously Certified Environmental Impact Report for the Plaza Bonita Mall. (Applicant: Costco Corporation) (Case File No. GP-2005-4, ZC-2005-3, EIR SCH#200311073) PREPARED BY Peggy Chapin, DEPARTMENTS DEPARTMENTS Planning Principal Planner x4319 EXPLANATION: Strategic Plan Goal 2A In May 2004, the Parking Authority entered into an agreement with Costco Wholesale to purchase and develop a 15.08 acre site across from the Plaza Bonita Mall. On October 5, 2004,,the Council approved the initiation of a General Plan Amendment to change the Open Space Reserve land use designation of the project site. Since that time, the applicant has prepared plans to construct a 152,120 square -foot retail warehouse within the southwest portion of the project site and prepared an Environmental Impact Report to assess potential environmental impacts associated with the project. The attached Background Report describes the General Plan Amendment and Zone Change, as well as the potential environmental impacts of the Costco Wholesale project, which is on the Council's agenda for consideration later this evening. Environmental Review A Final Environmental Impact Report, a Statement of Overriding Consideration and a Mitigation Monitoring and Reporting Program has been prepared. Financial Statement N/A Account No. a RECOMMENDATION Staff recommends Council Approve the GPA/Zone Change from OSR to CG-PD," and also Review, Consider and Certify the Final EIR, adopt the Statement of Overriding Consideration, and adopt the Mitigation Monitoring and Reporting Program. In addition, staff recommends Council either delete or modify the mitigation measure regarding open space from the previous EIR for the Plaza Bonita Mall. BOARD I COMMISSION RECOMMENDATION The Planning Commission recommended approval of the GPA/Zone Change and associated Final EIR on October 15, 2007. ATTACHMENTS 1. Background Report 2. Location Map l Resolution No. 3. Planning Commission Resolution with findings Previously provided: Final Environmental Impact Report A-200 (9/80) BACKGROUND REPORT November 20, 2007 CASE NOS. GP-2005-4, ZC-2005-3 and FEIR SCH. #2003111073 1. Project Location and Characteristics The 15.08-acre project site is located in the southeastern portion of the City of National City. The site is bordered to the west by Interstate-805 and the Sweetwater River, to the north by State Route-54, to the northeast by Sweetwater Road, and to the southeast by Plaza Bonita Road. The Plaza Bonita mall is located across Plaza Bonita Road to the east and the Sweetwater River borders the west and southwest portions of the site. The project site is undeveloped and consists of moderately level terrain. Three drainage courses cross the site, primarily from the northeast to the southeast. Several utility easements cross the site, including a 12-foot wide SDG&E easement, 20-foot wide sewer easement; 30- foot wide water easement; and a 15-foot wide easement for water mains, wells and well structures. 2. History In 1978, the County of San Diego accepted an Open Space Easement over this 15.08-acre parcel for developing recreational and open space uses. The easement was granted in relation to the approval and development of the Plaza Bonita shopping center which necessitated the removal of a golf course. However, the County has not constructed a park on the site and has since approved a vacating the easement in exchange for the value of the open space easement to be used for park improvements within the Sweetwater Regional Park for the benefit of area residents. On May 4, 2004, the Parking Authority adopted Resolution No. 2004-02 to approve an Option to Purchase agreement with the County of San Diego for the purchase of the easement. On October 5, 2004, the City Council initiated a General Plan Amendment/Zone Change from Open Space Reserve to General Commercial/Planned Development in order to allow for commercial development of the parcel. 3. Project Description An amendment to the Combined General Plan/Zoning Map is required to redesiginate the subject parcel from Open Space Reserve (OSR) to General Commercial -Planned Development (CG-PD) to allow the development of a Costco Wholesale Facility, as commercial development is not currently allowed on the site. The proposed development includes construction of a 145,704 square -foot retail sales warehouse with a 1,216 square - foot service/concession area along the east side of the building, and a 5,200 square foot tire installation center. Costco Wholesale project would also include 16 fueling pumps located at the northeastern corner of the site. The applicant proposes to offer for sale beer, wine, and spirits for off -site consumption and has processed a Conditional Use Permit for the sale of alcoholic beverages. The Planned Development Permit for the Costco Wholesale warehouse and the Conditional Use Permit for the sale of alcoholic beverages were considered and approved by the Planning Commission 1 of 37 at a public hearing on October 15, 2007. These items follow later on this agenda as a Notice of Decision. 4. ANALYSIS General Plan Amendment and Zoning Map Change The General Plan establishes goals and policies to guide future development of the City. The existing General Plan and Zoning designation for the subject site is categorized as Open Space Reserve (OSR). The intent and purpose of the open space zone is to provide for scenic and open space areas and for limiting development. The General Plan Map identifies the area alongside Plaza Bonita in the Sweetwater River floodplain as intended primarily to preserve open space wetland areas and passive use of the land for limited nature study purposes. The Circulation Element/Recreation Trails map contained in the General Plan identifies an existing trail along Sweetwater River through the proposed Costco site. The paved bicycle/pedestrian path currently crosses the southern portion of the site. A portion of the path may be realigned to accommodate the development. The site is currently designated as Open Space Reserve and has been used in calculating the total amount of open space within the City. The City's General Plan specifies that the City should provide 4.75 acres per 1,000 residents. Currently, there is approximately 370 acres of open space. According to the Department of Finance, as of 2005 there are 63,773 residents. Therefore, there is 5.79 acres of open space for each 1,000 residents. Removal of the 15.08 acres from the open space inventory would reduce the available open space to 5.5 acres per 1,000 residents and would not result in less than the required open space designated in the General Plan. Rezoning of the parcel from Open Space Reserve to General Commercial would allow the development of the site for retail and other general commercial uses. Although the open space easement over the site was dedicated as mitigation for the toss of open space associated with the Plaza Bonita shopping center, the land has not been developed or utilized for park purposes, and remained vacant. The terms of the sale of the open space easement requires that the County use the funds from the sale of the easement for enhancements, expansion and/or improvements to Sweetwater Regional Park. These park improvements are consistent with the General Plan to enhance recreational benefits to the community. Changing the General Plan designation to Commercial General is consistent with the policies of the General Plan which encourages the development of the remaining vacant land within the City to provide the optimum benefit to neighboring areas and the entire city (Urban Development Policy C). Final Environmental Impact Report (FEIR) and Mitigation Monitoring Program (MMRP) As the rezoning of the parcel from Open Space Reserve to Commercial General -Planned Development and the development of the proposed Costco facility may cause significant adverse environmental effects and potentially significant indirect, direct, and cumulative environmental effects, an Environmental Impact Report (EIR) was prepared in accordance with the California Environmental Quality Act (CEQA) to assess these potential impacts of the project. The Draft EIR was circulated for public review for a period of 45 days, from March 12, 2007 to April 26, 2007. The EIR includes a Mitigation Monitoring and Reporting Program 2 of 37 (MMRP) that identifies the environmental impacts and provides measures that will mitigate those impacts. Comments received on the adequacy of the environmental analysis presented in the EtR have been incorporated in the final EIR with a responses prepared to those comments. These comment letters are attached to this staff report and where appropriate, the MMRP was revised to reflect comments and/or concerns. Preparation of the EIR included analysis on impacts to land use, aesthetics, air quality, noise, hydrology and drainage, geology and soils, utilities, hazardous material, biological resources, cultural resources, and recreation. In many instances, special studies were prepared to further analyze the potential impacts. Impacts identified and mitigation measures are provided in the MMRP (attached to the staff report). Six areas of potential impact; biological resources, traffic, recreation, noise, air quality, hazards, are discussed below: Biological Resources The project site consists of native and non-native vegetation, 1.03 acres of disturbed habitat, on -site drainage channels, and trees and shrubs. Two sensitive habitats and associate species were identified in the California Natural Diversity Data Base as occurring on or within proximity to the project site. These habitats include Southern Coastal Salt Marsh and Southern Riparian Scrub. Approximately 1.3 acres of the site are significantly disturbed from paint ball activity and are essentially unvegetated. Three intermittent drainages acting as tributaries to the Sweetwater River traverse the project site in a northeast to southwest direction. Prior to grading the site, the applicant is required to obtain an Army Corps Section 404 Permit, a Regional Quality Control Board (RWQCB) 401 Permit, and a California Department of Fish and Game (CDF&G) Section 1602 permit. The applicant is required to mitigate the impacts to 1.87-acres of riparian habitat and 0.53-acres of coastal sage scrub. Mitigation measures include purchasing equal or better habitat in an approved mitigation bank and/or restoring habitat onsite within an area outside of the area proposed for development and entering in a 5-year mitigation and monitoring program. Additional approvals required include a Federal Emergency Management Agency Conditional Letter of Map Revision, California Department of Transportation Encroachment Permit, and San Diego Gas and Electric Letter of Permission to Grade or Right -of -Way Use Agreement. Traffic Impacts: A traffic impact analysis was prepared to assess existing and potential future impacts on traffic and circulation. The project site is located adjacent to four roadways: Sweetwater Road, Plaza Bonita Road, SR-54, and 1-805. When assessing the impacts to roadways, the analysis includes determining how many vehicles currently travel along the roadway, how many vehicles would use the roadway in the year 2030, and how many of these vehicles would access the Costco site. Based on how freely the traffic moves along the roadway, a qualitative measure is assigned to describe the operational condition of the traffic stream. A Level of Service (LOS) ranges from A to F with A being free flow traffic conditions and F representing low operating speeds and stoppages. Sweetwater Road is a four -lane major arterial traveling along the lower portion of the City, paralleling Sweetwater River. As the roadway continues easterly and enters the unincorporated area of Bonita, the road narrows to two lanes, crosses over the unchannelized portion of Sweetwater River across a narrow bridge. Currently, from 14,100 to 25,200 vehicles travel along the Sweetwater Road from Euclid Avenue to Plaza Bonita Center Way. 3 of 37 Sweetwater Road, as it borders the subject property, operates at LOS A, whereas as when it passes by Plaza Bonita Center Way, the roadway operates at an unacceptable LOS E. Plaza Bonita Road is also a four -lane major arterial roadway which extends from a signalized intersection at Sweetwater Road and proceeds southwesterly to Bonita Road. The roadway carries volumes of approximately 6,900 vehicles daily. Plaza Bonita Road operates at a LOS B. The traffic study analyzed future impacts to area roadways based on the additional project trips generated by the Costco development in the year 2008 and the year 2030 conditions. The following locations will be impacted by the project. No feasible mitigation has been determined at these locations. A Statement of Overriding Consideration must be adopted in association with certified Final EIR. 1. Bonita Road Segment between Plaza Bonita Road and 1-805 (Yr 2008 and 2030) 2. SR 54 between Plaza Bonita Center Way and Woodman St.(Yr 2008 & 2030) 3. SR 54/Plaza Bonita Center Way, eastbound ramps (Yr 2030) A significant impact was determined at the intersection of Sweetwater Road/Mesa Vista Way within the County of San Diego. There is no feasible mitigation to improve the intersection at this time. However, direct and cumulative traffic impacts of development within the County can be mitigated through the payment of a County of San Diego Transportation Impact Fee (TIF). As a condition of approval, Costco will participate in the TIF program to mitigate the traffic impacts to Sweetwater Road/Mesa Vista Way. Recreation: The 1978 Plaza Bonita EIR identified the site as mitigation for the loss of the Bonita Golf Course and its replacement by a shopping center. The site was to be developed by the County of San Diego for open space, flood control, and recreation; however no improvements have been made to the site. The golf course, however, was relocated approximately 3-miles east of the site, thus replacing the recreational opportunities. Since then, the 1984 Sweetwater Regional Park Revised Schematic Master Plan directed numerous parcels in the area to be sold as surplus. On June 4, 1996, the San Diego Board of Supervisors approved vacating the open space easement on the subject parcel. The sale of the open space easement requires that the funds be used for improvements to the Sweetwater Regional Park. The Sweetwater pedestrian and bicycle trail is located along the southern border of the site. The paved 10' wide trail traverses the north levee of the Sweetwater River connecting to the Bayshore Bikeway, a regional bicycle facility that when completed will extend from San Diego to Coronado. The bicycle path would remain and a keystone wall with plantable cells would be installed adjacent to the parking lot, screening the vehicles from the pathway. Noise: Noise impacts are typically considered as "unwanted sound". The City's General Plan and Title 12 of the Municipal Code seeks to achieve a maximum exterior CNEL of 65 dB(a) for commercial uses. Currently the site is vacant and noise generated are related to traffic on I- 805 and SR-54 freeways and the adjacent major arterial roadways, Sweetwater Road and Plaza Bonita Road. Noise levels range in the vicinity of 59.0 dB(A) and 68.7 dB(A). Noise levels will increase on the project site during construction and overall operation of the facility. 4 of 3"/ Construction activities, especially the use of heavy equipment, create short-term noise increase near the project. Construction activities include grading and building construction which is anticipated to occur over a period of 12 months. Considering the worst case scenario of two large pieces of construction equipment within close proximity to each other would generate noise levels of 92 dB(A). To minimize the impacts of the construction noise, the applicant will be required to install temporary barriers when in 500' to 750' of adjacent structures. Operation of the Costco facility will introduce new noise sources in the project area. A trash compactor is proposed along the southwestern side of the warehouse with an eight -foot high screen block wall to screen the compactor and reduce potential unwanted sounds. Noise impacts are also associated with the operation of the tire sales/installation center such as pneumatic impact wrenches, pneumatic car lifts, dismounter and balancers, and loudspeakers. Noise levels within the installation center were calculated at 60/4 dB(A) at 50 feet from the tire sales/installation center. When considering that the closest residential sensitive receptor is located over 1,200 feet to the east of the site, and that the local traffic noise levels provide a buffer to the noise generated from the Costco site, the noise levels are considered to be less than significant. Air Quality The project site lies within the San Diego Air Basin and is under the jurisdiction of the San Diego County Air Pollution Control District which sets and enforces air pollution regulations. The San Diego Air Basin has been designated as not in attainment of the State and Federal standards. Impacts to air quality from the proposed project will result from construction equipment and ongoing emissions from trucks and vehicles entering the site. Since the San Diego Air Basin is in non -attainment, there are no feasible mitigation measures identified. The project site is current vacant land and as such, air quality impacts were not assessed on a regional basis since there was no potential impact. With the permanent loss of open space to a General Commercial land use, potentially significant impacts on air quality would occur with the future development of commercial activities and this increase of air emissions could not be mitigated to below a level of significant impacts. A Statement of Overriding Considerations will be required with the certification of the EIR. Hazards/Hazardous Materials The project site is not listed on any database as a location for hazardous materials and no permanent structures are located on site. Non -toxic trash and debris, primarily associated with paintball activities litter the site. The project could have a significant impact if implementation of the proposed use results in a hazard to the public or emits hazardous emissions. It is anticipated that with proper installation of the underground storage tanks, there would not be any public safety concem or health hazards. There is a potential environmental risk associated with leaking or ruptured tanks especially given the proximity of the site to the Sweetwater River Flood Control channel and that Sweetwater Authority maintains water wells in the general area. The fueling facility and the underground storage tanks will be constructed and operated in accordance with all applicable health regulations, building codes, engineering standards and fire codes. As a safety precaution, the project has a condition requiring the applicant to develop a Hazardous Material Business Plan for review by the City's Fire Chief. The plan shall include an Emergency Response Plan that describes the procedures for minimizing the potential release of hazardous materials. 5 of 37 5. CONCLUSION The FEIR provides measures to reduce the level of environmental impacts to a level of less than significant in all but two areas, Air Quality and Traffic. These mitigation measures would be consistent with the goals and objectives of the General Plan, City's Design Guidelines and Guidelines for On -Site Landscaping. A Statement of Overriding Consideration would be required for the certification of the EIR where there are no feasible mitigation measures. Traffic impacts to the Sweetwater Road/Mesa Vista Way intersection will be mitigated through the payment of a Traffic Impact Fee to the County of San Diego to fund future improvements. Overall the design of the structures, parking lot improvements, and proposed landscaping meet or exceed the City's design guidelines. The request for a Conditional Use Permit to sell alcohol on -site is consistent with the Land Use Code. Alcohol sales are limited to off -site consumption and the sale of alcohol is managed with controlled entrances and exits by Costco staff. Developing the site to provide retail and auto services are consistent with the Economic Development Element of the General Plan. Removal the open space easement and removal of the native vegetation would be mitigated with further development of recreational uses within the Sweetwater Regional Park and replacement of habitat either on -site or through the purchase of off -site mitigation. 6. COUNCIL ACTIONS REQUIRED TO IMPLEMENT THE PROJECT Staff concurs with the recommendations of the Planning Commission on October 15, 2007, to approve the following actions: • Review, Consider and Certify the Final Environmental Impact Report with the Mitigation Monitoring and Reporting Program, and adopt a Statement of Overriding Consideration for potential impacts to Air Quality and Traffic. • Delete and/or Modify a Mitigation Measure regarding open space for a previously certified Environmental Impact Report for the Plaza Bonita Mall. • Approve the General Plan Amendment and Zone Change to rezone the 15.08 acre parcel from Open Space Reserve (OSR) to Commercial General -Planned Development (CG-PD). 6 of 3"/ lq2sfy. - 33?" 1J c.'30'160:1v:c):,..67,5 I "•';',:.8 - 4 , '.'-'• i .,35, , --- ,a N i 01 r ..,•., 7 ca ' t';' i \ t, , Ch ,, ,_ ,, •<-'r.-' / _, • • ' ; a / a-, .,•:-, -- .- • -J_„_ i• . . / oe , RESOLUTION NO. 56-2007 A RESOLUTION OF TIIE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA_ APPROVING A GENERAL. PLAN AMENDMENT AND ZONE CHANGE FROM OPEN SPACE RESERVE (OSR) TO COMMERCIAL, GENERAL -PLANNED DEVELOPMENT (CG-PD), A PLANNED DEVELOPMENT PERMIT TO PERMIT CONSTRUCTION OF A ('OS'I CO WHOLESALE FACILITY, TIRE CENTER, AND FUELING STATION, A FINAL ENVIRONMENTAL IMPACT REPOR'1"T0 ASSESS PROJECT IMPACTS, I)FLETE/MODIFY A MITIGATION MEASURE REGARDING ()PEN SPACE FOR THE PREVIOUSLY CERTIFIED ENVIRONMENTAL IMPACT' REPORT FOR THE PLAZA BONITA MALL, AND A CONUTTIONAL USE PERMIT FOR THE SALE OF ALCOIIOLIC BEVERAGES ON A 15.08 VACANT PARCH, ON TI IE NORTH SIDE OF PLAZA B(.)NITA ROAD, WEST OF SWEETWATER ROAD, AND EAST OF INTERSTATE 805 WITIIIN THE OPEN SPACE RESERVE ZONE CASE FILE NO.: GP 2005-4,ZC 2005-3, PD/CUP-2005-7 ENVIRONMENTAL IMPA(.7 T' REPORT SCH# 2003111073 WHEREAS, the Planning Commission of the City of National City considered a General Plan Amendment and rezone to redesignate the 15.08 site from Open Space Reserve (OSR) to Commercial General -Planned Development (CG-PD), a Planned Development Permit to construct 152,120 square -foot Costco Wholesale facility including a warehouse, sales area and tiyod services, tire sales and installation center, I6-pump fueling station, and 758 surface parking stalls, on -site sales of alcoholic beverages, site landscaping, and public roadway improvements on a vacant parcel located on the north side of Plaza Bonita Read, west of Sweetwater Road, and east of Interstate 805 at a duly advertised public hearing held on October 15, 2007, at which time oral and documentary evidence was presented; and, WHEREAS, the Planning Commission of the City of National City considered the Environmental Impact Report, including the conunent letters and responses, and considered the environmental impacts of the project disclosed by the environmental impact report; and WI IEREAS, a former mitigation measure in the Plaza Bonita Environmental Impact Report was to place the parcel into an open space reserve and create a recreational site or park to minimize the Toss of recreational space by the replacement of a golf course with a shopping mall, however, the parcel was never put to such use nor are there any plans to use the property in such a manner, nor is there any need to use the parcel in such manner, as the open space ratio contained in the general plan remains exceeded even with this land removed from the open 8 of 37 .-..-...ads however, the parcel was never put to such use nor are there any plans to use the property in such a manner, nor is there any need to use the parcel in such manner, as the open space ratio contained in the general plan remains exceeded even with this land removed from the open space, and the option agreement with the County of San Diego includes enhancing or expanding the recreational uses provided within the Sweetwater Regional Park; and, WIIEREAS, at said puhlic hearing the Planning Commission considered the staff report contained in Case File Nos. GP 2005-4. ZC 2005-3, PD/CUP 2005-7, which is maintained by the City and incorporated herein by referent; along with evidence and testimony at said hearing; and, WIIEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is tound to he essential lbr 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 puhlic hearing held on October 15, 2007, support the following findings: FINDINGS FOR APPROVAL OF THE GENERAL PLAN AMEMDMENT AND ZONE CHANGE 1 _ That the proposal amendment to the Combined General Plan/Zoning Map changing the subject property from Open Space Reserve (OSR) to Commercial General -Planned Development (CG-PD) is consistent with the General Plan, since the proposed 15.08 acre site is a unique City property due to its size, location, and proximity to other commercial properties and major highways, and the proposed Commercial General zoning would be consistent with the Plaza Bonita mall development adjacent to the east and south. 2. That the proposed amendment is in the puhlic interest, since it will allow for a conuncrcial development that will be a benefit to the community and meets the goals of the General Plan to expand the amount of retail space in the City. 3. That granting of the General Plan Amendment and Zone Change further enhances the goals of the General Plan to encourage recapturing or surpassing previous levels of sales tax revenues generated in the City in order to provide adequate funding for puhlic programs. 4. That granting of this General Plan Amendment and Zone Change arc consistent with all other City plans and ordinances, since the proposed development, carries out the intent of the General Plan and Land Use Code to construct high quality commercial development, while further expanding the goals of providing for recreational opportunities within Sweetwater Regional Park. 5. The proposed amendment is also consistent with the General Plan and Land 1 Jse ('ode because the open space ratios set forth in the (ieneral Plan remain exceeded. 2 9 of 37 FINDINGS FOR APPROVAL FOR THE PLANNED DEVELOPMENT PERMIT 1. That the site for the proposed use is adequate in size and shape, since the site can accommodate the proposed retail development, adequate parking and landscaping which are appropriate for a retail development. 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, and any additional roadway improvements may be accommodated with future improvements with the County through payment of a Traffic Impact Fee. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the traffic generated by the project can be absorbed by the existing roads in the area, and since the characteristics integrated into the project will allow it to harmonize with the existing surrounding development. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, sine; the retail development will provide additional eanployrnent and will serve the community's growing demand for retail services. FINDINGS FOR APPROVAL FOR THE CONDITIONAL USE PERMIT I . That the site for the proposed use is adequate in size and shape, since the sale of Neer, wine and distilled spirits would occur within a wholesale retail center that typically engages in the sale of alcoholic beverages. 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 proposal use, has been considered in the Environmental Impact Report prepared to assess the impacts of the retail development and the sale of alcoholic beverages on site would not increase the proposed retail traffic to the site. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the site is not adjacent to residential uses, is not within a mile of any school, and no consumption of -alcohol will occur on store property. 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 Costco Wholesale project. 5. That public convenient and necessity may be served by the proposed use of the property for the retail sales of alcoholic beverages pursuant to law. 10 of 37 RECOMMENDED FINDINGS FOR CERTIFYING THE ENVIRONMENTAL IMPACT REPORT I That the Final Environmental Impact Report (FEIR) has been prepared in accordance with the California Environmental Quality Act and has been reviewed and considered together with any comments received during the public review process. The FEIR reflects the City's independent judgment and analysis. 2. The Planning Commission has considered the proposed Environmental Impact Report together with any comments received during the public review process and the responses. 3. On the basis of the whole record, including the Initial Study, written comments, and responses, there is substantial evidence that the project will have a significant effect on the environment. 4. That based on the FEIR and the analysis provided therein, a Mitigation Monitoring and Reporting Program have been prepared that assesses the potential environmental impacts and that the impacts can be mitigated to below a level of significant impact. 5. Based on the EIR, the project may have a significant effect on the environment, and although impacts can be mitigated to below a level of significant impact, a Statement of Overriding Consideration is required for impacts to Air Quality and 'Traffic. Impacts to Air Quality cannot be mitigated to a below a level of significant impact since the 15.08 parcel was assessed as Open Space and a rezoning to Commercial and development of the site would result in unritigable impacts. Impacts to traffic cannot be mitigated to below a level of significant impacts because no feasible mitigation has been detcrnuned at these locations: a. Bonita Road Segment between Plaza Bonita Road and 1-805 (Year 2008 and 2030) h_ SR-54 Segment; Plaza Bonita Center Way and Woodman Street (Year 2008 and 2030) c. SR-54/Plaza Bonita Center Way, eastbound ramps (Year 2030) 6. The Mitigation Monitoring and Reporting Program (MMRP) sets forth all sigmitcant environmental impacts and the mitigation measures which will avoid or reduce each significant impact to a level of insignificance, with the exception of certain traffic impacts and air quality impacts which are detailed in the environmental impact report as unmitigable. 7. It is recommended that the MMRP be adopted. 8. The mitigation measures set forth in the MMRP are enforceable as conditions of approval of the project. The traffic impact at the intersection of Sweetwater Road and Mesa Vista Way, is both a direct and cumulative impact, for which the applicant has agreed to participate in the County 4 11 of 37 of San Diego Traffic Impact Fee program to mitigate the impact because the funds from the Traffic Impact Fee program will be used to fund improvements within this traffic corridor. 10. The alternatives proposed arc rejected, as explained in the environmental impact report, because they do not meet the project objectives and neither the lifestyle alternative nor the big box alternative has an overall lesser impact on the environment than the proposed project. 11. The Planning Commission, based on the record before it, recommends approval of the proposed Final Environmental Impact Report and Mitigation Monitoring Reporting Program. 12. The 1978 Plaza Bonita EIR identified the site as mitigation for the Toss of recreational opportunities, due to the loss of the Bonita Golf Course and its replacement by a shopping mall. The golf course, however, was relocated approximately 3-miles cast of the site, thus replacing the recreational opportunities. Moreover, this open space which was a mitigation measure for the loss of open space associated with the Plaza Bonita Shopping Center has not been developed or used for park purposes, nor are there any plans to use this site for the purposes in which the mitigation measure was imposed. This mitigation measure is infeasible, impractical, and unnecessary, given the relocation of the golf course, the inability to create a recreational opportunity at the site at issue in a timely manner, and the development of the Sweetwater Regional Park. The sale of the open space easement requires that the funds be used for park improvements, thus even if the mitigation were required to be replaced, this is adequate substitute mitigation for the vacation of the open space casement that was identified in the Plaza Bonita EIR (1978). (Land Use and Zoning Mitigation Monitoring Measure 4.2-1) BE IT FURTHER RESOLVED that the application for (ieneral Plan Amendment and Zone Change, Planned Development Permit, and Conditional Use Permit is approvcxl subject to the following conditions: Building Department: 1. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing ('ode, the 2004 Califonua Electrical Code, and California Title 24 energy and handicapped regulations. 2. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 3. Prior to the issuance of a Certificate of Occupancy, the exterior of all structures and walls shall be treated with graffiti resistant coating in accordance with the manufacturer's recommendations to a minimum height of six feet to the satisfaction of the Director of Building and Safety. The type, manufacture, and application shall he noted on the building plans. 4. The property owner shall he responsible for maintenance of the walls and removal of graffiti. Prior to issuance of a Certificate of Occupancy, the property owner shall identify and provide to the City a contact and phone number of a graffiti removal contractor who 5 12 of 37 will be responsible to removing any and all graffiti with graffiti cleaner within 24-hours of its observance, and/or notification by the City Code Enforcement Officer. Fire Department: 5. The project to be designed, developed, and constructed in compliance with the California Fire (:ode (CFC) 2001 edition or CFC in effect at time of permit issuance and the most current National Fire Protection Association (NFPA) Standards as adopted by the City of National City. Pursuant to the California Fire Code, the applicant shall comply with the hollowing to the satisfaction of the Fire (Thiel: a. Smoke and heat removal systems will be required. (To be in compliance with CFC 8102.7) b. Ail buildings, with the exception of the fueling station canopy, shall be equipped with an automatic fire sprinkler and fire alarm system, subject to review and approval by the Fire Department. (1'o be in compliance with CFC 1003, CBC and NFPA 13 2007 edition) c. Fire hydrants, subject to review and approval of the lire Department, shall he provided. (Maximum separation distance not to exceed 300 feet) d. Clear access to and from the entry of all structures shall he maintained at all times. Access onto and through the property to have a minimum width of 20 feet with a vertical clearance of 13 feet 6 inches, radius to be 28 feet. (To he in compliance with CFC 902) c. Fuel tanks to he anchored in place. (To be in compliance: with CFC and NFPA 30A 2008 edition) f. Secondary containment of all fuel tanks is required. (To be in compliance with CFC and NFPA 30A 2(0)8 edition) 6. The property owner shall submit a letter to the Sweetwater Authority stating fire 'low requirements. The owner shall enter into an agreement with the Authority for any water facility improvements required for the proposed project. Please note that the above items are based off of a preliminary review of plans submitted. E g neering Department: 7. The parcel is located within the Federal Hood Plain area. A flood hazard permit shall be obtained from the Engineering Department. 8. A (conditional Letter of Map Revision (CLORMR) from the Federal Emergency Management Agency (FEMA) shall be required. The CLORMR shall be submitted to the (:ity prior to the issuance of a building permit. 9. The applicant may be required to obtain an Encroachment Permit from the California Department of Transportation (CAI;IRANS). The applicant shall provide adequate documentation prior to grading permit from Caltrans. 6 13 of 3"/ 10. The Priority Project Applicability checklist for the Standard Urban Stormwater Mitigation Plan (SUSMP) is required to be completed and submitted to the Engineering Department_ The checklist will he required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) an approved SUSMP will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 11. The Best Management Practices (BMPs) for the maintenance of the proposed constniction shall he undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storni Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 12. All surface run-off shall be collected by approved drainage facilities and if directed to the street it shall be by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. 13. 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. The grading plans shall he consistent with the preliminary conceptual grading. 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, claritiers, 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 stormwater treatment maintenance agreement shall he signed and recorded. The checklists for preparation of the grading plan drainage plan and Standard Urban Storm Water Mitigation Plan (SUSMP) arc available at the Engineering Department. 14. Compliance with the National Pollutant Discharge Elimination System (NPDES) is required for the discharge of storm water runoff associated with construction activity where clearing, grading, and excavation results in a land disturbance. A construction stormwater permit shall he obtained from the Regional Water Quality Control Board. A copy of the pernrit shall be provided to the Engineering Department prior to any work 'beginning on the project. 15. A Notice of Intent (NOI) shall be filed with the Regional Water Quality Control Board (R\V Q(`B). 16. Sewer fees and permit will be required. The method of sewage collection and disposal shall he shown on the City approved grading/drainage plan. Any new sewer lateral in the 7 14 of 37 City right-of-way shall be, at a minimum, 6 inches in size with a cleanout. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral, if applicable. 17. Separate street and sewer plans prepared by Registered Civil Engineer, shall be submitted showing all of the existing and proposed improvements. The plans shall be in accordance with City requirements. Planned improvements along Plaza Bonita Road shall include installation and construction of curb and gutters, three driveways, a four -loot wide sidewalk, and American with Disabilities Act (ADA) compliant pedestrian ramps at all driveway locations. 18. A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. As a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4 inch Class 11 aggregate base. The street pavement sections shall be in accordance with National City modified Standard drawing G-34. All soils report findings and reconunendations shall be part of the Engineering Department requirements. 19. All existing survey monuments, including any benchmark, within the boundaries of the project shall be shown on the plans. If disturbed, a licensed land surveyor or civil engineer shall restore them after completion of the work. A Corner Record shall be filed with the County of San Diego Recorder. A copy of the documents tiled shall be given to the City of National ('ity Engineering Department as soon as filed. 20. The driveways on Plaza Bonita Road shall he designed and constructed in accordance with the San Diego Regional Standard Drawings G-17 with an alley entrance type driveway with pedestrian ramps to the satisfaction of the ('it.y Engineer. 21. Prior to construction, a permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading or construction on private property. 22. Street improvements shall he in accordance with City Standards to the satisfaction of the City Fngineer. Street improvements shall consist of curb, gutter, sidewalks, pedestrian ramps, and street lights fronting the project boundaries and shall extend to the intersection of Plaza Bonita Road and Sweetwater Road. 23. A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing casements and the ownership at the property. All easements shall be shown on the grading plan. 24. A cost estimate fhr all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall he posted. Up to three percent (3%) of the estimated cost shall also he deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The initial deposit amount to 8 15 of 3•/ he determined by the City Engineer. The deposit is subject to adjustment according to actual worked hours and consultant services. 25. All project work is required to include the following measures to reduce fugitive dust impacts. All unpaved construction areas shall he sprinkled with water or other acceptable APCD dust -control agents during dust generating activities. Additional watering or acceptable APCD dust -control agents shall be applied during dry weather or windy days until dust emissions are not visible. 26. During construction, excessive fugitive dust emissions shall be continuously controlled during clearing, grading, earth moving, or excavation operations by regular watering or other preventative measures using the following procedures: a_ limit on -site vehicle speed to 25 miles per hour. b. Water material excavated or graded sufficiently to prevent excessive amounts of dust; water at lest twice daily with complete coverage, preferable in the late morning and alter work is one for the day. c. Water or securely cover material transported on -site or off -site sufficiently to prevent generating excessive amounts of dust. d. Prevent visible dust from project emanating beyond the property line, to the maximum extent feasible. c. Indicate these above control techniques in project specifications; compliance with the mtasures will be subject to periodic inspections by the City of National City. f. Truck.s hauling dirt and debris shall he covered to reduce windblown dust and spills. g. On dry days, dirt or debris spilled onto paved surfaces shall be swept up inunediately to reduce resuspension of particulate matter caused by vehicle movement. Approach routes to construction sites shall be cleaned daily of construction -related dirt in dry weather. h. On -site stockpiles of material shall be covered or watered. 27. The property owner shall continue to maintain on -site treatment and source control Best Management Practices (e.g. underground storage vault, clarifiers, filter, sweeping of impervious surfaces, etc.) for the economic life of the project. 28. An existing 20-foot wide sewer easement reserved to the City of National City exists on the property. No building shall encroach into the casement. Relocation of the sewer main, easement and maintenance shall be reflected on the plans. This easement dedication will he brought to the City Council for consideration. 29. A minimum 20 foot wide drainage easement shall be granted to the City over new double 12' x 6' box culvert. 9 16 of 37 30. Prior to or in conjunction with grading, the applicant shall vacate the existing 20-foot public utility easement used for sewer infrastructure and relocate portions of any existing 24-inch sewer line to the satisfaction of the City Engineer. 31. Prior to or in conjunction with grading, the applicant shall vacate an existing 12-ibot wide public utility easement used by San Diego Gas and Electric for 69 KV and 12 KV overhead electrical transmission lines and relocation of the lines underground, along with the dedication of a new easement for these facilities to the satisfaction of the ('ity Engineer and SDG&E. All project plans that would affect SDG&E facilities or easement shall be coordinated with Kathy Babcock of SDG&E 1.and Management at the appropriate stages of the development process. 32. Prior to or in conjunction with grading, the applicant shall coordinate with Sweetwater Authority and acquire approval to relocate an existing 18-inch water main on the northeast portion attic project site into Sweetwater Road and Plaza Bonita Road to the satisfaction of the City Engineer and Sweetwater Authority. The onsite casement shall he quitclaimed upon relocation of the water main. Water service to the proposed development shall be obtained from the relocated main. 33. Ozone precursor emissions from construction equipment shall be controlled by maintaining equipment engines in good condition and in proper tune per manufacturer's specifications to the satisfaction of the ('ity Engineer and/or Public Works Director. ('ompliance with this measure shall he subject to periodic inspection of construction vehicles by the City. 34. All trucks that arc to haul excavated or graded material on -site shall comply with State Vehicle Code Sec.-tion 23114, with special attention to Sections 23114(b)(2)(F), (e)(2), and (e)(4) as amended, regarding the prevention of such material spilling onto public streets and roadways to the satisfaction of the City Engineer and/or Public Works Director. 35. The applicant shall routinely inspect and maintain the oil/water and hydrodynamic separator • systems at intervals specified by the manufacturer or as necessitated by on -site conditions. 36. Future development shall implement erosion and dust control measures to reduce wind erosion and soil blowing impacts. These measures are listed in Section 4.5.4 of the Environmental impact report. 37. Prior to excavation or delivery to the project site, borrow fill material acquired off -site shall be tested consistent with the current County of San Diego Department of Environmental health Site Assessment and Mitigation Manual to ensure that only "clean fill" material is hauled to and deposited on site. Should undocumented fill materials be encountered during excavation or grading that are suspected to contain hazardous materials (based on composition, odor, and color) work within the area of discovery shall cease. The City shall be notified, and analytical laboratory testing shall he performed. The Soils Engineer shall inspect soil samples, the amount to be determined by the San Diego County Department of Environmental I Iealth, to screen for potential chemicals of concern in accordance with the requirements of the current Departments' Site Assessment and Mitigation Manual. 38. At all time during construction and operation of the proposed project, compliance with existing hazardous materials regulations shall be maintained and enforced. 10 17 of 37 39. In order to reduce the noise impacts of construction equipment within close proximity to adjoining residential areas, noise levels shall not exceed levels identified in National City Municipal Code Chapter 12.10. When any single -piece of stationary construction exluipmcnt is positioned within 500 feet of the nearest resident or when two pieces of stationary construction equipment are positioned within 720 feet of the nearest residence, the permitie a shall ensure that an intervening natural or constructed barrier is present interrupting the line of sight between construction equipment and the nearest residence. Where existing topography does not provide such a barrier, then the pernutteee shall position a constructed barrier to provide the required interruption The constructed barrier may include an enclosure, a trailer with gaps between the trailer bottom and round, blocked by a contiguous, sound deadening harrier (such as a safety barrier section or temporary wall). (Noise Mitigation Measure 4.6-1). 40. During site preparation the existing loose subsurface soil shall be densiticd through removal and recompaction or ground improvement methods such as vibrocampaction, stone columns, or compaction grouting. A Soils Report shall he submitted for review by the engineering and building departments prior to construction and shall indicate the densification method. Compaction of all borrow material shall occur consistent with design and engineering standards. (Geology and Soils Mitigation Measure 4.8-1) 41. The applicant shall coordinate with Sweetwater Authority to address all continents provided in their letter dated April 25, 2007. In addition the applicant shall comply with the fol lowing: a. The applicant shall submit for review and approval of the Sweetwater Authority detailed improvement plans of the proposed fuel tanks. Regulatory design criteria for fuel facilities shall he applied to the proposed project- b. The applicant shall submit for review and approval of the Sweetwater Authority detailed improvement plans of the leak detection controls, all monitoring systems and reporting procedures. c. The applicant shall submit for review and approval of the Sweetwater Authority detailed plans fbr the prevention and containment of surface spills. This also includes all monitoring systems and reporting procedures. The design of the facility shall include measures to assure that no surface spills would reach the Lower Sweetwater River. d. The applicant shall submit tor review and approval of the Sweetwater Authority detailed grading and improvements plans showing site drainage (above and below ground). Detailed improvements plans fbr proposed facilities on the project site will be required. Design shall include measures to assure that no drainage from the site would reach the Lower Sweetwater River. e. Copies of tests for surface and underground contaminants shall he provided to Sweetwater Authority. Onsite remediation of any contaminated soils will be performed in compliance with current regulations. Immediate removal of any existing sources of contamination, including contaminated soils, from the site will It 18 of 37 be required to minimize the washing of any petrochemical containing soils into the bower Sweetwater River. f. The applicant shall reimburse Sweetwater Authority for project design valuation costs. The Authority will submit a consultant's proposal for the applicant's review and approval prior to commencing work. 42. Prior to the issuance of building permits, plans showing the following shall be developed in coordination with Sweetwater Authority: a. All domestic and landscape services to include installation of an approved reduced pressure principle backflow assembly; h. Installation of an approved double check detector on all fire services; and c. Internal backflow assemblies must be tested by tested by a certified hackflow assembly tester who appears on Sweetwater Authorities list of testers. 43. The applicant shall prepare a I Iazardous Materials Business Plan per Chapter 6.95 of the California Ilealth and Safety Code, Division 20 (AR 2185 & AB 2189) for review by the County Department of I Iealth, Hazardous Materials Division and the City's Fire.Chicf. The Hazardous Materials Business Plan shall include an Emergency Response Plan that describes the procedures and equipment for minimizing the potential damage of a hazardous materials release. 24-hour emergency numbers for Sweetwater Authority shall be noted and included in the hazardous Materials Business Plan and available to the operator of the service station. 44. Per Sweetwater Authority requirements proposed water facilities shall not be located within three feet of the edge of all driveway aprons. Traffic Engineer Conditions: 45. The applicant shall submit plans for street improvements prepared by a licensed civil engineer for review and approval by the City Engineer. Said street improvements shall consist of the following improvements: a. Right-tum overlap traffic signal phasing shall be provided for the southbound approach at the intersection of Plaza Bonita Center Way and Sweetwater Road for southbound approach.(Transportation Mitigation Measure 4.4-1) b. Right -turn overlap traffic signal phasing shall he provided for the northbound approach at the intersection of Ring Road and Sweetwater Road, for northbound approach. (Transportation Mitigation Measure 4.4-2) c. Install a traffic signal at the intersection of Plaza Bonita Road and the main site driveway for Costco. (Transportation Mitigation Measure 4.4-3) 46. The applicant shall provide a Signing and Striping Plan for Plaza Bonita Road adjacent to the project site. The phut shall be prepared by a licensed civil engineer for review and approval by the City Engineer. The plan shall also show pedestrian upgrades at the intersection of Plaza Bonita Road and Sweetwater Road. The following upgrades shall be installed by the applicant at this intersection: 12 19 of 37 a. Two new pedestrian ramps, pedestrian push buttons and pedestrian signal heads at the northwest and southwest corners of the intersection to provide pedestrian access across the west leg of the intersection. b. One crosswalk, striped in thermoplastic material, for the west leg of the intersection. c. All pedestrian improvements shall meet the latest ADA standards and he designed to the satisfaction of the City Engineer. 47. Prior to building permit issuance, the applicant shall provide written evidence that the County of San Diego Traffic impact Fee requirements have been satisfied. 48. The applicant shall install two bus stop shelters consistent with MTS standards along the north and south sides of Sweetwater Road (one on the north side and one on the south side) to provide for adequate shelter for employees and customers. Public Works Department 49. The developer shall be required to ensure adequate street lights are installed adjacent to the project in accordance with City standards on Plaza Bonita Road to assure pedestrian safety at might. 50. The property owner shall maintain access to the City of San Diego for the AI)S sewer meter located in the 3000 block of Plaza Bonita Road and Sweetwater Road, 150' from the southwest corner. 51. The property owner shall maintain or replace the landscaping and irrigation installed along the frontage of the property consistent with City -approved landscape and irrigation plans. Planning Department: 52. The Planned Development shall not be effective, and building permits shall not be issued until the zone designation affecting the property is amended to Conunercial-General- Planned Development (CG-Pi)). 53. The Mitigation and Monitoring Reporting Program shall be revised to be consistent with the conditions contained in the adopted resolution prior to the certifying the FEiR. 54. The 1978 Plaza Bonita Shopping Center E1R references preservation of the proposed Costco site as open space mitigation for the Plaza Bonita Shopping Center. Since additional mitigation measures have been incorporated into this project to mitigate the loss of open space, the City shall modify the Plaza Bonita Shopping Center EIR to accurately reflect this change. (Land Ilse and Zoning Mitigation Monitoring Measure 4.2- 1) 55. Prior to the issuance of any grading permits, the County of San Diego shall vacate the Open Space Easement in accordance with agreement for off -site improvements within the C'ounty's Sweetwater Regional Park. (hand Use and Zoning Mitigation Monitoring Measure 4.2-2) 56. The site plan and grading plans shall indicate the location of the existing Sweetwater Regional bicycle trail and the proposed location and improvements. The improvements shall be consistent with the Sweetwater Regional Park trail standards. 13 20 of 37 57. 'L'hc building plans shall indicate a prc-finished metal siding, concrete masonry block, and steel awnings or canopies with a red horizontal strip around the entire exterior approximately 20 feet above the finish floor elevation and consistent with the elevation plans dated March 9, 2007. 58. The site plans shall indicate the location. of 18 light poles, fbur light poles surrounding the fueling station area, eight light poles surrounding the proposed warehouse, and six light poles to provide illurnination of the surface parking area. All light standards shall he shielded from view to restrict light falling on the adjacent properties and to the open space preserve areas. An illurnination study providing illumination, light standard design, shielding, location of the standards and type of illumination shall be provided with the building plans. The proposed lighting shall he consistent with Chapter 18.60.010 and 18.102.240 of the City's Land Use Code. 59. All roof equipment shall he screened from view to the satisfaction of the Planning Director. The Building Plans shall indicate methods of screening, color/painting of mechanical equipment, screening method that reduce and/or minimize visual impacts of mechanical equipment installed on the roof. A line of site study shall he provided that reflects the height of the mechanical equipment and parapet wall height in relation to the surrounding residential properties. 60. The applicant shall provide a plan for securing or restricting the removal of shopping carts and flat-bed carts from the project site to the satisfaction oldie Planning Director. 61. The applicant shall mitigate for impacts to 1.53 acres of degraded riparian scnib through (1) the purchase of 1.53 acres of riparian scrub at an approved mitigation bank or (2) restoration of 1.53 acres of riparian scrub on site; or (3) a combination of purchased riparian scrub at an approved mitigation hank and onsite restoration totaling 1.53 acres. Mitigation shall consist of the purchase and dedication of land containing riparian and wetland habitat for conservation purposes in the replacement ratio of 1:1. In the event that on -site mitigation is sought, a 5-year Habitat Mitigation and Monitoring Plan, which would include quarterly monitoring and annual reporting must be submitted to the Planning Director and ('alifornia Department of Fish and Game. Evidence of approval of the Plan, such as an executed Section 1602 Streamhed Alteration Agreement, by the California Department of Fish and Game must he provided to the Planning Director prior to project implementation. (Biological Resources Mitigation Measure 4.12- 1 ) 62. The applicant shall (1) purchase 0.53 acres of California Coastal sage scrub in an approved mitigation hank; or (2) restore 0.5:3 acres of coastal sage scrub onsite; or (3) purchase California Coastal sage scrub habitat at an approved mitigation hank and restore coastal sage scrub habitat onsite totaling 0.53 acres. Mitigation shall consist of the purchase and dedication of land containing riparian and wetland habitat for conservation purposes in the replacement ratio of 1:1. in the event that on -site mitigation is sought, a 5- year Habitat Mitigation and Monitoring Plan, which would include quarterly monitoring and annual reporting must be submitted to the Department of Fish and Game fix review and approval. (Biological Resources Mitigation Measure 4.12-1(a)) 14 21 of 37 63. The applicant shall purchase mitigation credits for the replacement of 1.25 acres of Army Corps of Engineers and the Regional Water Quality Control Board jurisdictional wetlands through (1) the purchase of 1.25 acres of Corps and RWQB jurisdictional wetlands at an approved mitigation bank; or (2) restoration of 1.25 acres of Corps jurisdictional wetlands onsite; or (3) a combination of purchased Corps and RWQCB jurisdictional wetlands at an approved mitigation bank, and restoration of Corps jurisdictional wetlands onsite, totaling 1.25 acres. Mitigation shall consist of the purchase and dedication of land containing riparian and wetland habitat for conservation purposes in the replacement ratio of 1:1. in the event that on -site mitigation is sought, a 5-year habitat Mitigation and Monitoring Plan, which would include quarterly monitoring and annual reporting must be submitted to the U.S. Army Corps of Engineers. Evidence of approval of the Plan, such as an executed Section 404 Penult, by the U.S. Amiy Corps of Engineers must be provided to the Planning Director prior to project implementation. (Biological Resources Mitigation Measure 4.12-2) 64. The applicant shall purchase mitigation credits for the replacement of 1.87 acres of California Department of Fish and Game jurisdiction through the (1) purchase of 1.87 acres of CDFG jurisdictional wetland/riparian habitat at an approved mitigation hank; or (2) the restoration of 1.87 acres of CDFG jurisdictional wetland/riparian habitat onsite; or (3) a combination of purchased CDFG wetland/riparian habitat at an approved mitigation bank, and restoration of CDFG jurisdictional wetland/riparian habitat onsite, totaling 1.87 acres. Mitigation shall consist of the purchase and dedication of land containing riparian and wetland habitat for conservation purposes in the replacement ratio of 1:1. In the event that on -site mitigation is sought, a 5-year Habitat Mitigation and Monitoring Plan, which would include quarterly monitoring and annual reporting must be submitted to the Department of Fish and (;amc fix review and approval. Evidence of approval of the Plan, such as an executed Section 1602 Streamhed Alteration Agreement, by the CDFG must be provided to the Planning Director prior to project implementation. Purchase or onsite restoration of these 1.87 acres of wetland and riparian habitat will also satisfy Mitigation Measures 4.12-1 & 4.12-2 (Biological Resources Mitigation Measure 4.12-3) 65. If vegetation removal activities are to be conducted during the recognized avian breeding season, • February 15 through September 15, pre -construction surveys must be conducted by a qualified biologist within the project's arca to determine if there are active nests. Ilowever, because raptors have been known to nest a.s early as January 1, a pre - construction survey for raptors only must be conducted by a qualified biologist within the project's area if vegetation removal activities are to be conducted between January 1 and February 14. If an active avian nest is observed, a buffer of 500' for raptors and 100' for non -raptors shall be established between vegetation removal activities and the nest so that nesting activities are not interrupted. The buffer shall be in effect as long a vegetation removal is occurring and until the nest is no longer active. Written confirmation from the biologist certifying that there are no active nests must be provided to the Planning Department prior to commencing grading activities. (Biological Resource-s Mitigation Measure 4.12-4) 66. A monitoring biologist will be on site during the initial clearing and grubbing of the coastal sage scrub. The biologist will be knowledgeable of gnatcatcher biology and 15 22 of 37 ecology. If impacts to coastal sage scrub are to occur during gratcatcher breeding season, a minimum of three focuses surveys will be performed on separate days to determine the presence of gnatcatchers, nest building activities, egg incubation, or brood rearing activities within 100 feet of any project -related construction activities. Should breeding gnatcatchcrs be observed on -site, all activities will cease and the 11.S. Fish & Wildlife Service and the California Department of Fish and Game will be notified. The applicant will not conduct work within 500 feet of any active raptor nest and will not conduct any activities that arc inconsistent with the Federal Migratory Bird Treaty Act. (Biological Resource Mitigation Measure 4.12.5) 67. A monitoring biologist will monitor the site at least eight times during the tirst two years of operation to identify the use of predator perches introduced by the project. Should predator perches he observed on buildings, signage, lighting fixtures, or landscaping, the biologist will notify the applicant and prepare measures to prevent or minimize perching. (Biological Resource Mitigation Measure 4.12.6) 68. Prior to construction, the applicant shall provide documentation to the Planning Director that permits have been obtained from the Army Corp of Engineers for a 404 Permit, from the RWQCB for a Section 401 Permit, and from the CDF&G for a Section 1602 Permit. ((Biological Resource Mitigation Measure 4.12.7) 69. A certified archaeologist with knowledge in cultural resources shall monitor the site during ground disturbing activities to ensure that there is no indication of cultural resources present. The project archaeologist shall provide to the City Planning Department prior to issuance of a grading plan, a mitigation plan providing for disposition of recovered artifacts and consultation with culturally affiliated Native Americans prior to grading_ A report from the archaeologist shall be provided to the city Planning Department regarding the presence/absence of cultural resources upon completion of grading documenting resources and disposition of any cultural resources retrieved during grading. (Cultural Resources Mitigation Measure 4.13-1) 70. Should human remains be discovered during project construction, the County Coroner shall be immediately notified. Should the identified human remains be determined to be prehistoric, the Coroner shall notify the Native American Heritage Commission, which will determine and notify a Most Likely Descendent (MLD). The MLD shall complete the inspection of the site within 24 ours of notification, and may recommend a scientific removal and nondestnictive analysis of human remains and items associated with Native American burials. (Cultural Resources Mitigation Measure 4.13-2) 71. Any and all trash enclosures or trash compactors serving the site shall be screened from view with a screen block wall consistent with the building wall material in accordance with ('ity standards. 72. This Conditional Use Permit authorizes the sale of alcohol within an approximate area of 3,200 square feet. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Lxhibit A, March 9, 2007. 16 23 of 3/ 73. Perrnittec 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. 74. There shall be no sale of beer, wine or distilled spirits other than during posted business hours. The permittee shall comply with the following: a. Permanent outdoor signs related to the sale of alcoholic beverages shall be prohibited. b. The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around the subject premises. c. The sale of wine with an alcoholic content greater than 20% by volume is prohibited. d. The applicant shall satisfy all necessary requirements of the State Department of Alcoholic Beverage Control (ABC) prior to this Conditional Use Permit becoming effective. e. 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 tcss frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand. f. The salt of alcoholic beverages shall occur during the regular operating hours for the Costco facility. g. Sales of single unit cans of premixed distilled spirits are prohibited. Premixed distilled spirits must be sold in quantities of at least six to a pack. Landscape and Irrigation: 75. Prior to issuance of a grading permit, the applicant shall submit two copies of a landscape and automatic irrigation plan to the Planning Department for review and approval. The landscape and irrigation plan shall indicate plant species and plant material sizes, and plant material and irrigation within the cells of the plantable wall located along the south and southwest property lines. The landscape plan shall he consistent with the approved concept plan dated March 9, 2007. The plant species shall consist of a minimum of one -gallon fast growing vines provided with a drip irrigation system. A rues of fast growing shrubs or vines, preferable with thorns, a minimum of 5-gallon in size planted every six -feet, shall be installed at the base of the wall. The vegetation along the wall should be selected and planted so that it will discourage the incidence of graffiti and climbing on the wall and to screen the parking lot. 76. The landscape and irrigation plans shall he routed for review to Jennifer Haines, County of San Diego, Department of Parks and Recreation. 17 24 of 37 General: 77. Before this Planned Development Permit/Conditional Ilse Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Fonn, provided by the Planning Department, acknowledging and accepting ail conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Fonn within 30 days of its receipt shall automatically terminate the Planned Development Permit and Conditional tJse 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 tires to the County. The Notice of Restriction shall provide inionnation that conditions imposed by approval of the Coastal Development 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 fonn by the ('ity Attorney and signed by the Planning Director prior to recordation. 78. All provisions and statements in the Project Plans dated March 9, 2007 submitted by Costco Wholesale shall be binding with regard to all currently proposed and future uses, activities, and development within the project site, except as modified by Conditions of Approval. Future development plans shall substantially conform to site plans and elevations shown in Exhibit A, dated March 9, 2007, Case File GP2005-4, ZC 2005-3, PD/('l JP 2005-7, unless authorized by and amendment to the Planned Development. 79_ Within four (4) days of final approval and exhaustion of all appeals and legal actions, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 80_ Approval of the Planned Development Permit and Conditional Use Permit expires one (I) year after adoption of the resolution of approval at 5:30 p.m. unless prior to that date a request for a time extension has been filed as provided by National City Municipal Code Section 18.116.190. 81. Owner/Developer shall defend, indemnity, protect, and hold harmless the (.'ity and/or the Parking Authority, and any of its agencies, departments, officers, officials, employees, or agents, from any and all claims, actions, suits, proceedings, liabilities, or judgments, including an award of attorney's fees or costs, against the City and/or the Parking Authority, or any of its agencies, departments, officers, officials, employees, or agents, to attack, set aside, void, or annul, any approval of the City, or its agencies, departments, advisory agencies, appeal board, or legislative body, concerning the project and the approvals and entitlements granted herein. Owner/Developer shall defend, indemnify, protect, and hold harmless the City and/or the Parking Authority, and any of its agencies, departments, officers, officials, employees, or agents, from any and all claims, actions, suits, proceedings, and judgments, including an award of attorney's fees or costs, against. the City and/or the Parking Authority, or any of its agencies, departments, officers, officials, employees, or agents, arising from 1R 25 of 37 challenges to any related environmental determination, document or approval, including the Final Environmental Impact Report for the National City Costco Wholesale Project, SCH #20031 11073 and subsequent environmental review for the project. Furthermore, Owner/Developer shall indemnify, protect, defend, and hold harmless the City and/or the Parking Authority, and its agencies, departments, officers, officials, employees, or agents against any and all claims, actions, suits, proceedings, or judgments against another governmental entity in which Owner's/Developer's project is subject to that other governmental entity's approval and a condition of such approval is that the City indemnify and defend such governmental entity. 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 C'onunission and set. the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of October 15, 2007, by the following vote: AYES: Alvarado, Baca, Pruitt, Flores, Reynolds, llei.aPaz NAYS: ABSENT: Carrillo ABSTAIN: CHAIRWOMAN 19 26 of 37 NATIONAL CITY COSTCO WIIOi.ESALE PROJECT MITIGATION MONITORING AND REPORTING PROGRAM THE PI IRPOSE OF MONITORING When a lead agency approves a project, it is doing so with a fully disclosed understanding of the project's im- pacts. Each lead agency has an obligation to adopt feasible mitigation measures and impose standard conditions ensuring that. a project's environmental effects are reduced, avoided, or eliminated except in those cases where statements of overriding consideration have been adopted. The Environmental Impact Report for the Na- tional City Costco Wholesale project identifies a number of potentially significant adverse environmental im- pacts which may occur if the project is approved and developed. A number of measures arc recommended for each of the identified significant adverse impacts to mitigate those effects. In addition, if the proposed project were approved, requirements enacted by ordinance or policy are imposed by National City. and.otlLer regulatory agencies. Mitigation measures are adopted by the City of National City in through certification of the Final EIR. Standard conditions arc imposed at the various entitlement approvals and permit issuance stages in the devel- opment process. Section 21081.6 of the Public Resources Code, the California Environmental Quality Act, requires a public agency to adopt a monitoring and reporting program assessing and ensuring the implementation of required standard conditions and mitigation measures applied to proposed developments. Specific reporting and monitor- ing requirements enforced during project initiation, implementation, and ongoing operation are adopted coinci- dental to final approval of the project by the lead agency and subsequent responsible agencies. The mitigation monitoring and reporting program is divided into two sections: Standard Conditions and Mitiga- tion Measures. Each potentially significant environmental impact is identified in either Table 10-1: Recom- mended Conditions beginning on page 2, or Table 10-2: Mitigation Monitoring and Reporting Program begin- ning on page 5. RISCOAIAIN:ND1{D (;(1NDITIONS Recommended conditions are requirements, usually adntinistcred with defined parameters of administrative dis- cretion, that are imposed on projects at either the entitlement stage or when a permit is issued. For Costco Wholesale, recommended conditions arc first imposed by the City of National City (lead agency), and are also imposed by each of the Responsible Agencies identified in Chapter 2.0 of the Environmental impact Report. Sometimes a recommended condition imposed by a Responsible Agency may tie back to National City ensuring successful accomplislunent before the next stage in the site development process proceeds. Rcconuncnded conditions are written to be either time specific or quantifiable. This milestone helps the permit holder and various agencies to understand what needs to be completed by a certain deadline or whether a standard condition is ongoing during the operational life of the site. Clearly written and defined recommended conditions not only mitigate some of the potentially significant environmental effects, but also provide assurances to the permit holder and various agencies that all parties to this project understand what is expected and when it is required to be completed. Time Specific conditions may have an established date by which it must be completed. The date may be a reference to a point in the permitting process. A condition that must be continuously monitored or reported is also a time specific condition. "Prior to May 1, 2007, the permit holder shall...", "Prior to the issuance of any building or grading permits, the permit holder shall...", and "At no time shall the permit holder permit..." are examples of time specific conditions. National City Costco Wholesale Mitigation Monitoring and Reporting Program: November 7007. I o1 3 / Page t Section 10.0 Mitigation Monitoring Program (continued) Quantifiable conditions are those conditions for which a measurable standard has been imposed. This metric allows the agency responsible tier monitoring and reporting to empirically determine whether the permit holder is in compliance with the requirement. "Sound levels measured at the edge of pavement on SR-54 shall he no more than...", "The permit holder shall plant 17...", and "The maximum number of..." are all examples of quantifiable conditions. Sometimes a recommended condition may be a combination of both time specific and quantifiable requirements "Prior to the issuance of a building permit, the applicant shall plant 17 trees" is an example of a recommendation that is both time specific the building permit cannot be issued until successful completion -- and quantifiable• there is a specified number of trees to be planted. Table 1 is read across each row with the following meanings: 1. Significant Meet is a summary of the identified potentially significant impact, if any. 2. Recommended Condition is the recommended language from the Environmental Impact Report_ 3. " (J'T" defines whether the condition is Quantifiable, Time Specific, or Roth (refer to footnote 1 for fur- ther explanation). 4. Time Frame indicates at which time a specific condition oust he successfully accomplished. Footnotes are printed at the end of the table on page 5. TABLE 10-1: RECOMMENDED CONDITIONS Significant Effect Recommended Condition Section numbers refer to the Section within Chapter 4.0 of the Environmental Impact Report. .;.r,e r,,- nee 4.2 Land Uso andZai ng The subiect property is encumbered with an Open Space Easement (OSF) Recommended Condition 4.2-1: Language in the 1978 Plaza Bonita Shopping Center EIR that references preservation ut the proposed Costco site as open space mitigation for the Plaza Bonita Shopping Center will be deleted or muddied. Recommended Condition 4.2-2: Prior to the issuance of any grading permits, the County of San Diego shalt vacate the Open Space Easement. T Process: Prior to grading permit isss18ance 4.3Attstiietxs No significant effects identified None required N/A Not applicable *t:4-Trace rtatiotrandCirculation " No significant effects identified None required IN(A Not applicable National Cttyl ko tc9 Whglesale Mitigation Monitoring and Reporting Program: November 2007 LL Page 2 Section 10.0 Mitigation Monitoring Program (continued) Significant Effe:1 Recommended Condition , Q/T T me Frame- `4.5 Air.CXrvaiu_�Y Construction activities would contniurte potentially significant amounts of fugitive dust into the atmosphere Recommended Condition 4.5-1: Execs- sive fugitive dust emissions shall be continuously controlled during clearing, grading, earth moving, or excavation operations by regular watering or other preventative measures using the fol- lowing procedures: • Limit on -site vehicle speed to 25 miles per hour; and • Water material excavated or graded sufficiently to prevent ex- cessive amounts of dust; water at least twice daily with complete coverage, preferably in the late morning and after work is done for the day; and • Water or securely cover material transported on -site or off -site suf- ficiently to prevent generating ex- cessive amounts of dust; and • Prevent visible dust from the pro- ject from emanating beyond the property line, to the maximum ex- tent feasible; and • Indicate these above control tech- niques in project specifications: compliance with the measures wilt be subject to periodic site inspec- tions by the City of National City. B Project constriction Construction activities may result in ozone emissions to be released into the aUnos- phcre from construction equipment. Recommended Condition 4.5-2: Ozone precursor emissions from construction equipment shall be controlled by main- taining equipment engines in good condition and in proper tune per manu- facturer's specifications, to the satis- faction of the City Engineer. Compli- ance with this measure shall be subject to periodic inspections of construction equipment vehicles by the City. B Project construction Construction activities may result in fugitive dust in the atmosphere. Recommended Condition 45-3: All trucks that are to haul excavated or graded material on site shall comply with State vehicle Code Section 23114, with spe- cial attention to Sections 23114(b)(F), (e)(2), and (c)(4) as amended, regard- ing the prevention of such material spilling onto public streets and road- ways. B Project corttitruclion National (levy y lf'Iv lesale Mitigation Monitoring and Reporting Program: November 2007L� i=1 Page 3 Section 10.0 Mitigation Monitoring; Program (continued) significant Effect 4_B (1kRS$ Operational noise will result from on -site mechanical equipment. Recommended Condition 4.6-1: An eight - foot high screen fence surrounding the trash compactor would provide a visual barrier and noise attenuation. T Prior to certificate of occu- pancy 4-7 Hirka g rand Water qua* _: Construction activities and operation of the proposed National City Costco Wholesale project have the potential to generate wastewater and stormwater runoff pollutants that may impact stormwater quality. Recommended Condition 4.7-1: The applicant will routinely inspect and maintain the oil/water and hydrodynamic separator systems at intervals specified by the manufacturer or as necessitated by on site conditions. T Project Duration 4_& and SoiI The proposed project would be subject to minor impacts caused by wind erosion and soil flowing. Recommended Condition 4.8-1: Future development shalt implement erosion and dust control measures to reduce wind erosion and soil blowing impacts. These measures are listed in Section 4.5.4 of this EIH. T Project Duration Underground storage tanks (UST) are sub- ject to disruption by geologic and/or seismic events. 4 9',PdbileVertrfees Recommended Condition 4.8-2: Settle- ment monitoring for the fueling center foundation arfrastruchre is recom- mended prior to construction. T Prior to Construction No significant effects identified. None required N/A Not Applicable. 4 10. tlbiitieS As noted in section 4.7 of this table, imple- mentaticxr of the proposed project could generate storrwater pollutants that may degrade stormwater quality and impact downstream resources. Recommended Condition 4.10-1: The City of National City will define maintenance requirements for the oil/water and hydro- dynamic separators consistent with regu latory requirements and manufacturers specifications. N/A Prior to certificate of occu- pancy 4.11 hazards And Hazardous Maferiais-, f1 fill material is not checked for contamina- tion, there is risk of moving hazardous ma teriafs from one location to the project site Recommended Condition 4.11-1: Should rndocrmented fill materials be encoun- tered during excavation or grading that are suspected to contain hazardous materials (based our composition, odor, and color), work in the area of discov- ery shall cease, the City shall be noti- fied, and analytical laboratory testing shall be performed. Testing of suspect soil samples shall include a number of samples determined to be adequate by the San Diego County Department of Environmental Health to screen for po tential chemicals of concern in accor- dance with the requirements of the cur- rent Department's Site Assessment arm Mitigation Manual. Recommended Condition 4.11-2: Prior to excavation or delivery to the project site, borrow fill material acquired off - site shall be tested consistent with the current County of San Diego Depart - T T During Construction Prior to site excavation National Cig46oste.o Wholesale Mitigation Monitoring and Reporting Program: November 2007 Page 4 90 Section 10.0 Mitigation Monitoring Program (continued) Significant Effect Recommended Condition Q17. Time Frame` ment of Environmental Health Site As- sessment and Mitigation Manual to en- sure that only "clean fill" material is hauled to and deposited on -site. Actions to ensure no new contamination is generated during construction and ongoing operations Recommended Condition 4.11-3: At all tunes during construction and opera- tion of the proposed project, compli- ance with existing hazardous materials regulations shall be maintained and en- forced. T Project duration 4.12 B o1 D Aesaua es The proposed project would result in signifi- cant impacts to the southern riparian scrub and jurisdictional wetlands. Vegetated ripar- ian habitat will be permanently removed. None required N/A Not applicable -4,' f3 Cuiturat Resources See Table 10 2 414 Reereatton Resoirives No significant effects identified None required IwA ` Not applicable Q = Quantifiable. the mitigation measure has a mcasuraWe result that must be successfully achieved prior to its being considered accotnplishad. T - Time Specific. The mitigation treasure must be successfully completed by a specific time in the process or established slate prior to Icing considered accomplished. H - Quantifiable and time spxdic. N'A Not Applicable. 2 "Ongoing" means that the permit holder must always ensure compliance during, the ongoing operation of the project. "Duration ' means that the permit holder must ensure compliance during the duration of the site development and construction phases of the project. 10.1. MITIGATION MEASURES Mitigation measures arc enumerated in the Environmental impact Report to reduce or avoid the potentially sig- nificant adverse impacts. The lead agency and responsible agencies are required to implement each feasible mitigation measure. Table 10-2 reads in a similar manner to fable 10-1. Table 10-2 is read across each row with the following meanings: I. Significant Effect is a summary of the identified potentially significant impact, if any. 2. Mitigation Measure is the recommended language from the Environmental Impact Report. 3. Responsibility defines which party or agency is responsible for implementing the measure. 4. "Q/7"' defines whether the condition is Quantifiable, Time Specific, or Roth (refer to footnote l for fur- ther explanation). 5. Time Frame indicates at which time a mitigation measure must be successfully accomplished. 6. Monitoring/Reporting identifies the Party responsible for the monitoring and reporting. This is the agency with responsibility and authority to enforce the mitigation measure. TABLE. 10-2: MITIGATION MONITORING AND REPORTING PROGRAM Significant Effect Mitigation Measure Qrrr' Time Frame Section numbers refer to the Section within Chapter 4.0 of the Environmental Impact Report_ 4.2 Land Use and Zoning No significant effects identified None. required N/A Not applicable 4.3Aesi17etiiCS National CiLAlogcr o U'hortesale Mitigation Monitoring and Reporting Program: November 2007 33 Page 5 Section 10.0 Mitigation Monitoring Program (continued) Significant Effect No significant effects identified Mitigation °•.1eas;:-e None required N/A nr, F,.r t Not applicable 4.4 Traffic and Circulator ` Implementation of the proposed project would result in the intersection of Plaza Bonita Center Way and Sweetwater Road to operate uncle' unacceptable conditions. Mitigation Measure 4_4-1: Right -turn overlap signal phasing shall be provided to the traffic signal at the intersection of Plaza Bonita Center Way and Sweetwater Road for southbound approaches under 2008 conditions. T Prior to certificate of ocr:u- panty Implementation of the proposed project would result in the intersection of Ring Road and Sweetwater Road to operate under unacceptable conditions. Mitigation Measure 4.4-2: Right -turn overlap signal phasing shall be provided at the intersection of Ring Road and Sweetwater Road for northbound approaches tinder 2030 conditions. T Prior to buiklout (2030) conditions. Applicant may be required to make a fair share contribution prior to building permit issuance. Mitigation Measure 4.4-3: Instafl a traffic signal at the intersection of Plaza Bonita Road and the main site driveway in 2008. Prior to certificate of occu- panty 4.5 AitChi ly Inconsistency with San Diego APCD Re- gional Air Quality Strategy No mitigation available N/A Not applicable; 4.811It3fSB 4 , Ongoing or long use of construction equip- merit within close proximity to adjoining residential areas has the potential to ad- versely affect residential populations. Mitigation Measure 4.6-1: When any single piece of stationary construction equip - merit is positioned within 500 feet of the nearest residence, or when two pieces of stationary construction equipment are positioned within 720 feet of the nearest residences. the Permit holder shall en- sure that an intervening natural or con- structed barrier is present interrupting the line of sight between construction equipment and the nearest residences. Where existing topography does not provide such a barrier, the Permit Holder shall position a constructed bar- rier to provide the required interruption. The constructed barrier may include an enclosure, a trailer with gaps between the trader bottom and ground blocked by a contiguous, sound deadening barrier (such as a safety barrier section or tem- ponary waft). R During Construction 4 i?Yd%01i*1' alidiNiitet t?Uelily ` -, . No significant effects identified None required N/A Not applicable 4.8"(evtogyandSo11s... I Without proper foundation design, strut- tures located on or above potentially liquelr able soil are subject to lateral spreading during seismic activity, and could experi- ence settling and loss of foundation support. Mitigation Measure 4.8-1: Liquefaction impacts can be mitigated during site preparation by densifying the existing loose subsurface soil through removal and recompaction or ground improvement methods such as vibrocornpaction, stone columns or compaction grouting. These methods are commonly used to mitigate these types of conditions un the San Diego area. Compaction of all burrow material will occur consistent with design and engineering standards. T Prior to grading permit issu • ance National Citl,oeio N3'hjlecale 4tigation Monitoring and Reporting Program: November 2007 Page 6 Section /0.0 Mitigation Monitoring Program (continued) . .. 1 Significant Effect Mitigation Measure 1 OiT ; Titre Fame' 4.9 Public $0(14COS' ----',• ' -. -L .' ' ---: ''', - • - . — . ,, . ... No significant effects identified None required N/A Not applicable 4. iOlitiktips - - . - . — ... ' - • - •'-- ' No significant effects identified None required N/A Not applicable .. - 4.11110zaids,ailetliazardovs,Makiiiak; • '.. ''''' - ... , , . , • - . ',• No significant effects identified None required N/A Not applicable . . . , . . 4.12431610gfeatilesourai Biological resources will be removed during project Implementation and replaced with mitigation credits in the replacement ratio of 1-1. Nesting habitat occurs onsite. Avian species nesting on -site during constiuction may be impacted. Mitigation Measure 4.12-1: The applicant shall mitigate for impacts to 1.53 acres of degraded riparian scrub through (1) the purchase of 1.53 acres of riparian scrub at an approved mitigation bank: or (2) restoration of 1.53 acres of ripar- ian scrub onsite; or (3) a combination of purchased riparian scrub at an ap- proved mitigation bank and onsite res- toration totaling 1.5.3 acres. Mitigation shall consist of the purchase and dedi- cation of land containing riparian and wetland habitat for conservation pur- poses and/or restoration of riparian and wetland habitat onsite at a re- placement ratio of 1:1. In the event that on -site mitigation is sought, a 5- year Habitat Mitigation and Monitoring Plan, which would include quarterly monitoring and annual reporting must be submitted to the Planning Director and California Department of Fish and Game. Evidence of approval of the Plan, such as an executed Section 1602 Streambed Alteration Agree- ment, by the Cafitornia Department of Fish and Game must be provided to the Planning Director prior to project implementation. Mitigation Measure 4.12-1(a): The appli- cant shall (1) purchase 0.53 acres of California Coastal sage scrub in an approved mitigation bank; or (2) re- store 0.53 acres ot coastal sage scrub onsite; or (3) purchase California Coastal sage scrub habitat at an ap- proved mitigation bank and restore coastal sage scrub habitat onsite total- ing 0.53 acres. Mitigation shall consist of the pulebase and dedication of land containing coastal sage scrub habitat for conservation purposes and/or res- toration of coastal sage scrub habitat onsite at a replacement ratio of 1:1. In the event that onsite mitigation is sought, a 5-year Habitat Mitigation and Monitoring Plan, vIrtlich would include quarterly monitoring and annual report- ing must be submitted to the Depart- ment of Fish and Game for review and approval. T T Prior to grading permit issu- ance Prior to grading permit issu ance National Clcogeto Wholesale Mitigation Monitoring and Reporting Program: November 2007 Page 7 Section 70.0 Mitigation Monitoring Program (continued) Significant Effect yatio Mitigation Measure 4.12-2: The applicant shall purchase mitigation credits for the replacement of 1.25 acres of Army Corps of Engineers and the Regional Water Quality Control Board jurisdic- tional wetlands through (1) the pur- chase of 1.25 acres of Corps and RWQCB jurisdictional wetlands at an approved mitigation bank or (2) resto- ration of 1.25 acres of Corps jurisdic- tional wetlands onsite; or (3) a combi- nation of purchased Corps and RWQCB jurisdictional wetlands at an approved mitigation bank, and restora- tion of Corps jurisdictional wetlands onsite, totaling 1.25 acres. Mitigation shall consist of the purchase and dedi- cation of land containing riparian and wetland habitat for conservation pur- poses, and/or restoration of wetland and riparian habitat onsite, at a re- placement ratio of 1:1. In the event that on -site mitigation is sought, a 5- year Habitat Mitigation and Monitoring Ptan, which would include quarterly monitoring and annual reporting must be submitted to the U.S. Army Corps of Engineers. Evidence of approval of the Ptan, such as an executed Section 404 Permit, by the U.S. Army Corps of Engineers must be provided to the Planning Director prior to project im plementation Mitigation Measure 4.12-3: The applicant shall purchase mitigation credits for the replacement of 1.8/ acres of Cali- fornia Department of Fish and Game jurisdiction through (1) the purchase of 1.87 acres of CDFG jurisdictional wet- land/riparian habitat at an approved mitigation bank; or (2) the restoration of 1.87 acres of CDFG jurisdictional wetland/riparian habitat onsite; or (3) a combination of purchased CDFG wet- land/riparian habitat at an approved mitigation bank, and restoration of CDFG jurisdictional wetland/riparian habitat onsite, totaling 1.87 acres. Mitigation shall consist of the purchase and dedication of land containing ripar- ian and wetland habitat for conserva- tion purposes, and/or restoration of wetland and riparian habitat onsite, at a replacement ratio of 1:1. In the event that on -site mitigation is sought, a 5- year Habitat Mitigation and Monitoring Plan, which would include quarterly monitoring and annuat reporting roust be submitted to the Department of Fish and Game for review and ap- proval. Evidence of approval of the Plan, such as an executed Section 1602 Streambed Alteration Agree- ment, by the CDFG must be provided to the Planning Director prior to project implementation. Purchase and/or on - site restoration of these 1.87 acres of National City 3Costa) Wholesale Mitigation Monitoring and Reporting Program: November 2007 UtL T T Prior to grading permit issu ance Prior to grading permit issu- ance Page 8 Section 10.0 Mitigation Monitoring Program (continued) Significant Effect Miliaativn fileasure QIi' Time Frame` wetland and riparian habitat will also satisfy Mitigation Measures 4.12 1 & 4.12-2. Mitigation Measure 4.12-4: If vegetation removal activities are to be conducted during the recognized avian breeding season, February 15 through Septem- ber 15, pre construction surveys must be conducted by a qualified biologist within the project's area to determine it there are active nests. However, be- cause raptors have been known to nest as early as January 1, a pre - construction survey for raptors only must be conducted by a qualified bi- ologist within the project's area if vege- tation removal activities are to be con- ducted between January 1 and Febru- ary 14. If an active avian nest is ob- served, a buffer of 500' tor raptors and 100' for non -raptors shall be estab- lished between vegetation removal ac- tivities and the nest so that nesting ac- tivities are not interrupted. The buffer shall be in effect as long a vegetation removal is occurring and until the nest is no longer active. Written confirma- tion from the biologist certifying that there are no active nests must be pro- vided to the Planning Department prior to commencing grading activities. Mitigation Measure 4.12-5: A monitoring biologist will be on site during the initial clearing and grubbing of the coastal sage scrub. The biologist will be knowledgeable of gnatcatcher biology and ecology. If impacts to coastal sage scrub are to occur during gnatcatcher breeding season, a minimhun of Three focused surveys will be perfunned on separate clays to determine the pres- ence of gnatcatchers, nest building ac- tivities, egg incubation, or brood rear- ing activities within 100 feet of any pro- ject -related construction activities. Should breeding gnatcatchers be ob- served on -site, all activities will cease and the U.S. Fish & Wildlife Service and the California Oepartment of Fish and Game will be notified. The appli- cant will not conduct work within 500 feet of any active raptor nest and will not conduct any activities that are in• consistent with the Federal Migratory Bird Treaty Act. T T Prior to grading permit issu ance Prior to grading permit issu ance National City Casten Wholesale Mitigation Monitoring and Reparting Program. November 2007 35 of S7 Page 9 Section 10.0 Mitigation Monitoring Program (continued) Significant Effect "' .-,.on :'eaurr. Mitigation Measure 4.12.6: A monitoring biologist will monitor the site at least eight times during the first two year, of operation to identify the use of preda- tor perches introduced by the project. Should predator perches be observed on buildings, signagc, lighting fixtures, or Landscaping, the biologist will notify the applicant and prepare measures to prevent or minimize perching. Mitigation Measure 4.12-7: The applicant will be required to obtain a Corps Sec- tion 404 Permit, a fiWQCB Section 401 Permit and a CDF&G Section 1602 Permit prior to construction. -,T F3 T During the first two years of project operation. Prior 10 grading permit issu once 4.13 Gullorat Resources Project construction rnay impact Guttural resources Mitigation Measure 4.13-1: A certified ar- cbaeologust with knowledge in cultural resources shall monitor the site during ground disturbing activities to ensure that there is no indication of cultural re sources present The project archaeolo- gist shalt provide to the city prior to grading a mitigation plan providing for disposition of recovered artifacts and consultation with culturally affiliated Na- tive Americans prior to grating. A report from the archaeologist shall be provided to the city regarding the pres- ence/absence of cultural resources upon completion of grading document- ing resources and disposition of any cul- tural resources retrieved during grading. WA During grading Mitigation Measure 4.13-2: Should hurnan remains be discovered during project construction. the County (,droner shall be immediately notified. Should the identified human remains be determined to be prehistoric. the Coroner shall notify the Native American Heritage Commis- sion, which will determine and ratify a Most likely Descendent (MLD). The MLD shall cxtmptete the inspection of the site within 24 hers of notification, and may recommend scientific removal and nondestructive analysis of human remains and items associated with Na- tive American burials. N/A During grading 4.14 Recreation Resources No significant effects identified None required 1 N/A Not applicable Q _Quantifiable. The mitigation measure has a measurable result that must be successfully achieved prior to its being cuusidercd accomplished. 'f Time Specific. Tile mitigation measure must be successfully completed by a specific tune in the pnxws ur established date prior to being considered accornplished. B = Quantifiable and time specific N/A -- Not Applicable. "Ongoing" means that the peniot holder nisi always ensure compliance during the ongoing operation of the pmja:t "rhtmtion" means that the permit holder roust ellseue compliance during the duration of the site deve lopmenl and construction phases of tine project. National City C'osico Wholesale. Mrngalion Monitoring and Reporting Program: November 2007 3 b o f 3 7 Page 10 Section 10.0 Mitigation Monitoring Program (continued) National City's Council, when certifying the Environmental Impact Report and adopting the required findings, may modify proposed mitigation measures. In doing so, the Council will also create a need to modify the Miti- gation Monitoring and Reporting Program to reflect the changes. National City co t ° Frialcsale Mitigation Monitoring and Reporting Program: November 2007 3 l J Page 11 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 20, 2007 AGENDA ITEM NO 23 ITEM TITLE Public Hearing - Amendment to the General Plan for the 2005-2010 Housing Element Update. (Case No. 2007-33 GP) PREPARED BY Peggy Chapin, Principal Planner x4319 DEPARTMENTS Planning EXPLANATION: Strategic Plan Goal 5B The City has been working with a consultant to update the current Housing Element. State law requires that a Housing Element is updated every five years to ensure that it addresses the housing needs of a community. The attached Background Report describes the State requirements and the draft Housing Element in more detail. Environmental Review A Negative Declaration was prepared pursuant to the requirements of CEQA and is attached to this report. Financial Statement $46,005 has been expended from General Funds for the preparation of the 2005- 2010 Housing Element. Account No. RECOMMENDATION Staff recommends approval of the draft Housing Element and the Negative Declaration. BOARD / COMMISSION RECOMMENDATION The Planning Commission recommended approval the draft Housing Element and Negative Declaration on October 15, 2007. ATTACHMENTS 1. Background Report and Findings for Approval 2. Negative Declaration and Initial Study 3. Planning Commission Resolution :Previously provided: Draft Housing Element Resolution No. A-200 (9/99) DRAFT 2005-2010 Housing Element City Council - November 20, 2007 Background Report 1. Housing Element Requirements A General Plan is a document that provides guiding policy for land use development in the City. It is comprised of seven mandated components: land use, circulation housing, conservation, noise, open space and safety (Gov't Code Section 65302). The purpose of the Housing Element is to ensure that adequate housing is available to all economic levels (Gov't Code Section 65580). The Ilousing Element should address State requirements related to allbrdable and special needs housing and more recently, to address extremely low income households. Overall, a Housing Element is a comprehensive strategy establishing goals, policies, and programs addressing current and future housing needs. A Housing Element must he updated every five years to ensure its relevancy with community characteristics and demographics. The last Ilousing Element for the period 2000-2005 was adopted by Council in July 2000. "fhc City contracted with a consultant and embarked on preparing a Housing Element update in 2005 for the period 2005-2010. Additionally, in order to be eligible for numerous State and Federal housing and transportation grants, the Housing Element must be certified by the Housing and Community Development (HCD) Department of the State by the end of 2007. The draft Ilousing Element is currently under review by IICD. Regional Ilousing Needs Assessment (RIINA) State law requires local jurisdictions participate in providing housing to meet future growth. SANDAG determines population projections for San Diego County and assesses how much housing each city and the county must provide to meet future housing demands. National City's share of the future housing demand for the period 2005 --- 2010 is 310 dwelling units, 0.29%t of the total regional housing needs. Of these 310 housing 18-units must be -allocated for very low income households, 39-units for low income households, 60 units for moderate income households, and 202 for above -moderate income households. The City has been given credit for housing units constructed between 2003 and December 2005. With this adjustment, the City exceeds the required above -moderate income units, leaving a remaining RHNA requirement of only 117 units. Programs are included in the draft Housing Element Update to ensure the City meets and exceeds these requirements. Community Outreach As required by the State, preparation of the Housing Element must include community outreach. A community workshop was conducted with the Planning Commission in October 2005 and a presentation to the Affordable Ilousing Task Force in February 2006. During the Council's Strategic Plan workshops 1 of 23 held in January, February, and April 2007, the Council considered a variety of policies including a number of housing action objectives. These workshops were well attended by the community. Based on the background data collected and community input, a draft 'lousing Element was prepared and presented to the seven Neighborhood Councils and the Affordable Mousing Task Force in August and September 2007. A public notice was placed in the Union Tribune prior to the on October 15, 2007 Planning Commission review of the draft Iousing Element. The Environmental Health Coalition submitted a letter and requested the Commission consider including additional goals in the draft Housing Element related to encouraging affordable housing in the Westside area. The Commission reconunended approval ol'the draft 'Iousing Element with the inclusion of a goal to encourage affordable housing in Westside. II. Draft 2005- 2010 Housing Element The draft Housing Element is divided into six chapters that provide a thorough analysis of the current housing characteristics and needs of the community, current constraints on housing, and resources available for housing, and an assessment of past accomplishments and program evaluations. The result of this analysis is a rnyriad of goals, objectives, policies, and programs intended to assist the City meet future housing needs. Housing Goals The draft Housing Element sets forth the following goals to guide City policies and programs: • Maintain and enhance the quality of existing residential neighborhoods, • Conserve affordability of the existing housing stock, • Increase the availability and affordability of housing for all income levels, including special needs groups, • Provide a sufficient number and range of housing types for all economic segments, • Promote and implement fair housing practices and equal access to housing opportunities, and • Enhance housing affordability through energy conservation techniques and design. 2000-2005 Housing Element Accomplishments Noted accomplishments for the period 2000-2005 include the following: • I Iome Improvement Loans for 68 households • Rental Rehabilitation of 7 households • Code Enforcement housing inspections for 2,009 units, with 272 abatements • Section 8 housing for 690 housing units, and 1,044 vouchers • First time homebuyers program with 101 households • Acquisition or new construction of 555 low income units. 2005-2010 draft Housing Element Programs The goals and associated policies identified in the draft Housing Element are implemented through a series of housing programs. Chapter 6 identifies 34. different programs and activities that will he utilized to further the goals of the City. These include current programs that will be continued, as well as new programs to be implemented. 2 of 23 These housing programs range from loan assistance for home acquisition to rehabilitation of existing homes for reinediation of lead -based paint, removal of safety violations, and code enforcement concerns. Many of these programs include more than one funding program as well as joint partnerships with organizations such as "Christmas in July" and I lahitat. for Humanity. Some of these programs are listed below: • [Iome Improvements Loan Programs 125 households. • Acquisition and Rehabilitation Program — 100 housing units. • Rental IJnit Rehabilitation Program - 50 housing units. • Ownership Housing Rehabilitation 25 zero interest loans, 25 below market rate mortgages, 600 lead based paint inspections, and 200 paint program homes. • Code Enforcement • • Abate 1,300 cases. • Housing Inspection Program — Inspect 4,000 housing units and close 90% of cases. • "Christmas in July" Rehabilitate/repair 75 housing units. • Lead Hazard Control Program — 410 housing units. Other action items contained in the draft 1-lousing Element include updating the Land IJse Code to address density bonus, second unit provisions. administrative review of multi -family residential development, and reasonable accommodations for persons with disabilities. IV. Environmental Review This project is subject to the California Environmental Quality Act (CFQA) and an Initial Study was prepared to assess potential environmental impacts. Based on the review of the project and determination of no potential significant impacts, a Negative Declaration (ND) was prepared. The 30-day public review period for this ND ended on October 15, 2007. One comment letter from the Environmental Health Coalition was received. The Planning Corrtinission considered the continents and recommended to include a goal related to encouraging aflbrdable housing in Westside. 3 of 23 RECOMMENDED FINDINGS FOR APPROVAL OF THE 2005-2010 HOUSING ELEMENT UPDATE 1. The updated Housing Element substantially complies with the provision of Article 10.6 of the California Government Code, including addressing the needs of all income levels and including an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing. 2. The updated Housing Element augments the City's General Plan and furthers housing goals such as the preservation of existing residential neighborhoods and the provision of a wide range of housing opportunities. Housing preservation is accomplished by 17 programs such as the Rental Unit Rehabilitation Program for existing rental units, the Housing Rehabilitation program that provides loans for basic home repairs, and the Paint and Tool Loan programs for households in need. Seventeen other programs are intended to provide for a wide range of housing opportunities, such as assisting in the construction of affordable housing, updating City density bonus and second unit provisions, and continued implementation of actions to address fair housing issues. 3. 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 in areas of the City where concentrations of lower income households do not already exist, taking into account the availability of necessary public facilities and infrastructure. 4. The amendment to the General Plan, which will update the City's Housing Element consistent with state requirements is in the public interest and is consistent with General Plan policies, since it encourages the creation of home ownership opportunities and since it will increase the potential that the City will meet the state housing production requirements. 5. The City has conducted extensive public outreach efforts with regard to the Draft Housing Element, the results of which have been summarized and considered. RECOMMENDED FINDINGS FOR APPROVAL OF NEGATIVE DECLARATION 1. That the Negative Declaration (2007-33 GP) has been read and considered together with any comments received during the public review process; and, 2. That based on the whole record including the Initial Study, there is no substantial evidence that the project will have a significant effect on the environment and that the Negative Declaration reflects the City's independent judgment and analysis. 4 of 23 City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR PROPOSED NEGATIVE DECLARATION Project Title: General Plan Amendment to adopt the 2005-2010 Housing Element Case File 2007-33 GP Applicant: City of National City 1243 National City Boulevard, National City, CA 91950 Address of Project: Citywide Project Description: The Housing Element is a five-year plan for the period 2005-2010 and serves as an integral part of the General Plan. As required by State law, it is updated every five years to ensure its relevancy and accuracy. The 2005 - 2010 Housing Element identifies goals, quantified objectives, and policies relative to the maintenance, preservation, improvement, and development of housing. It includes a five-year schedule of actions the City is undertaking or intends to undertake to implement these goals and policies. The Housing Element identifies strategies and programs that focus on: • matching housing supply with need, • maximizing housing choice throughout the community, • assisting in the provision of affordable housing, • recognizing govemmental and other constraints to housing investment, and • Promoting fair and equal housing opportunities. The Housing Element addresses State law requirements and guidelines from the Califomia Department of Housing and Community Development for Housing Element programs, including: • immediate, short-term, and long-term actions; • proposed measurable outcomes; • definite time frames for implementation; • identification of the agencies and officials responsible for implementation; 5 of 23 ♦) Recvcicd Paver • description of the local govemment commitment to implement the program through a specific action described in adequate detail; and • Identification specific funding sources to implement the program, if relevant. The Housing Element programs include: • focus new housing development within the downtown specific plan area and other areas with urban infill, • continue assisting in the rehabilitation of housing units occupied by low income households, • preserve the existing supply of affordable rental housing, and • Expand the supply of affordable for sale and rental housing through redevelopment (as required by state law). Environmental Findings: The Negative Declaration 2007-33 GP/IS has been considered together with any comments received during the public review process, and based on the whole record, including the Initial Study Checklist and any comments received, there is no substantial evidence that the project will have a significant effect on the environment and that the Negative Declaration reflects the Citys independent judgment and analysis. A copy of the Initial Study documenting reasons to support the finding is attached. 6 of 23 I. PROJECT TITLE/PROJECF #: 2. LEAD AGENCY: Contact: Phone: 3. PROJECT LOCATION: 4. PROJECT APPLICANT: Contact: Phone: 2005-2010 Housing Element Update of the General Plan Case No. 2007-33 GP/1S City of National City Planning Department 1243 National City Boulevard National City, CA 91950 Peggy Chapin, AICP, Principal Planner (619) 336-4319 Citywide City of National City 1243 National City Boulevard, National City, CA 91950 Peggy Chapin, AICP, Principal Planner (619) 336-4319 5. PROJECT DESCRIPTION: SITE DESCRIPTION: Citywide 8. OTHER AGENCIES WHOSE APPROVAL MAY BE REQUIRED (AND PERMITS NEEDED): Housing and Community Development ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or is "Potentially Significant Unless Mitigated," as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Biological Resources O Geological Problems X land Use / Planning X Public Services D Utilities & Service Systems ❑ Agriculture O Cultural Resources 0 Hazards & Hazardous Materials O Noise O Recreation X Mandatory Findings of Significance O Air Quality O Energy & Mineral Resources O Hydrology / Water Quality X Population / Housing ❑ Transportation/Circulation 7 of 2:3 Initial Study - Page 2 of 14 DETERMINATION: (To be completed by the Lead Agency) On the basis of this Initial Evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. 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 REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect (1) has been adequately analyzed in an earlier docutnent pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or is "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effect that remains to be addressed. X Signature Date Printed Name: Peggy Chapin, AICP Title: Principal Planner EVALUATION OF ENVIRONMENTAL IMPACT'S: 1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to the project. A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards. 2. All answers must take ari'ount of the whole action involved. Answers should address off -site as well as on - site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3. Once the lead agency has determined that a particular physical impact may occur, and then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence than an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. "Negative Declaration: I Pss than Significant w/ Mitigation Incorporated" applied where the incorporation of a mitigation measure has reduced an effect from "Potentially Significant Impact" to "Less then Significant Impact". The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. 8 of 23 Initial Study - Page 3 of 14 5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). 6 Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). References to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8. This in only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whichever format is selected. 9. The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation tneasure identified, if any, to reduce the impact to less than significance. ISSUES with Supporting Documentation & Sources I. AESTHETICS - Would the project: Potentially Leas Than I.an Than No Significant Sigma w/ Significant Impact Impact Mitigation impact Incorporation a) I lave a substantial adverse effect on a scenic vista? (Sources: l , U ❑ n X 3,4) b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (Sources: 1, 2, 3, 4) c) Substantially degrade the existing visual character or quality of U ❑ X the site and its surroundings? (Sources: 1, 3, 4) d) Create a new source of substantial light or glare which would U 1 n X adversely affect day or nighttime Views in the area? (Sources: 1, 2, 3) II. AGRICULTURE RESOURCES -- In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation & Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would 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 U ❑ n x Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact hicorporation ❑ ❑ U x 9 of 23 Initial Study - Page 4 of 14 Program of the California Resources Agency, to non- agricultural use? (Sources: 1) b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Sources: I) 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? (Sources: 1) III. AIR QUALITY Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: C C_ ❑ C Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation a) Conflict with or obstruct implementation of the applicable air Quality plan? (Sources: 1) Cl ❑ ❑ X b) Violate any air quality standard or contribute substantially to C ❑ ❑ x an existing or projected air quality violation? (Sources: I) c) Result in a cumulatively considerable net increase of any U ❑ ❑ X criteria pollutant for which the project region is nonattainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (Sources:1, 7, 8) d) Expose sensitive receptors to substantial pollutant ❑ ❑ — X concentrations? (Sources: 1) e) Create objectionable odors affecting a substantial number of ❑ n ❑ x people? (Sources: 1, 2) IV. BIOLOGICAL RESOURCES - Would the project: Potentially Less Than Ids Than No significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation a) Have a substantial adverse effect, 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 (CDBG) or U.S. Fish and Wildlife Service? (Sources: 1) b) Have a 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 Department of Fish and Game (CDFG) or US Fish and Wildlife Service? (Sources: 1) c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act 10 of 23 Initial Study - Page 5 of 14 (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? (Sources: 1) 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? (Sources: 1) e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? (Sources: 1, 2, 3) 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? (Sources: 1) V. CULTURAL RESOURCES Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? (Sources: 1, 3) b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to 15064.5? (Sources: 1, 3) c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? (Sources: 1, 3) d) Disturb any human remains, including those interred outside of formal cemeteries? (Sources: 1) VI. GEOLOGY & SOILS Would 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. (Sources: 1) ii) Strong seismic ground shaking? (Sources: 1) iii) Seismic -related ground failure, including liquefaction? (Sources: 1) iv) Landslides? (Sources: 1) b) Result in substantial soil erosion or the loss of topsoil? (Sources: 1) Li ❑ ❑ x ❑ Li ❑ x ❑ ❑ ❑ x Potentially Lcss Than Lesa Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation LI ❑ ❑ x ❑ ❑ ❑ x Li ❑ ❑ x ❑ ❑ ❑ x Potentially Less Than Less Than No Significant Significant w/ significant Impact Impact Mitigation Impact Incorporation ri ❑ ❑ ❑ r.i x 11 of 23 Initial Study - Page 6 of 14 c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? (Sources: 1) d) Be located on expansive soil, as defined in Table 18-I-B of the Uniform Building Code (1994), creating substantial risks to life or property? (Sources: 1) ❑ ❑ ❑ c) Have soils incapable of adequately supporting the use of septic ❑ u n tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? (Sources: 1) VII. HAZARDS & HAZARDOUS MATERIALS Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? (Sources•. 1) 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? (Sources: 1) c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? (Sources: I) 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, would it create a significant hazard to the public or the environment? (Sources: 1) 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 or public use airport, would the project result in a safety hazard for people residing or working in the project area? (Sources: I) f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? (Sources: 1) g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? (Sources: 1) h) Expose people or structures to a significant risk of Toss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (Sources 1) VIII. HYDROLOGY AND WATER QUALITY Would the project: Potentially Less Thin less Than No Significant significant w/ Significant Impact Impact Mitigation Impact Incorporation u rn ❑ X ❑ ❑ ❑ x n u ❑ x u ❑ n X u ❑ n X ❑ LI n x n ❑ u x ❑ ❑ n x Potentially Lps Than Iess Than No Significant significant w/ Significant Impact Impact Mitigation Impact Incorporation 12 of 23 Initial Study - Page 7 of 14 a) Violate any water quality standards or waste discharge requirements? (Sources: 1, 2) b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? (Sources: 1, 2) 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 would result in substantial erosion or siltation on- or off -site? (Sources: 1, 2) 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 or amount of surface runoff in a manner which would result in flooding on- or off -site? (Sources: 1, 2) e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? (Sources: 1, 2,) f) Otherwise substantially degrade water quality? (Source.: 1, 2) g) Place housing within a 100-year flood hazard area as mapped on a federal Flood I lazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (Sources: 1, 2) h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? (Sources: 1, 2) 1) 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? (Sources: 1, 2) j) Inundation by seiche, tsunami, or mudflow? (Sources: 1, 2) IX. LAND USE & PLANNING Would the project: a) Physically divide an established community? (Sources: 1, 3) b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (Sources: 1, 3) X. MINERAL RESOURCES Would the project: a) Result in the loss of availability of a known mineral resource ❑ n ❑ u Li ❑ n n LJ ❑ ❑ n ❑ ❑ ❑ n ❑ L..l n n ❑ C ❑ n x X x x Potentially Less Than Less Than No Significant Significant w/ Significant impact Impact Mitigation Lmpact Incorporation ❑ u X x n Potentially near Than Less Than No significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation 13 of 23 Initial Study - Page 8 of 14 that would be of value to the region and the residents of the state? (Sources: 1, 2) 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? (Sources: 1, 2) XL NOISE Would 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? (Sources: 1, 2, 3) b) Exposure of persons to or generation of excessive groundbornc vibration or groundbornc noise levels? (Sources: 1, 2, 3) c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? (Sources: 1, 2, 3) d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? (Sources: 1, 2, 3) 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 or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (Sources: 1, 2, 3) t) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? (Sources: 1, 2, 3) XII. POPULATION & HOUSING Would 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)? (Sources: 1, 2, 3) b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? (Sources: 1,2,3) c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? (Sources: 1, 2, 3) XIII. PUBLIC SERVICES Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation LI ❑ ❑ x ❑ ❑ ❑ x ❑ ❑ ❑ x ❑ ❑ x rl ❑ ❑ x ❑ ❑ x Potentially Less Than Less Than No significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation C ❑ x ❑ ❑ ❑ ❑ ❑ ❑ Potentially significant Impact Less Than less Than No Significant w/ Significant Impact Mitigation Impact Incorporation 14 of 23 Initial Study - Page 9 of 14 a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for 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? (Sources: 1, 2) Police protection? (Sources: 1, 2) Schools? (Sources: 1, 2) Parks? (Sources: 1, 2) Other public facilities? (Sources: 1, 2) XIV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Sources: 1,3)) b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Sources: 1,3) XV. TRANSPORTATION/TRAFFIC Would the project: a) Cause an increase in traffic which 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)? (Sources: 1) b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (Sources: 1) 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? (Sources: 1) d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation impact Incorporation u n ❑ X ❑ n ❑ X Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation ❑ ❑ x n c ❑ X ❑ u n X n ❑ n x 15 of 23 Initial Study - Page 10 of 14 (e.g., farm equipment)? (Sources: 1) e) Result in inadequate emergency access? (Sources: I) f) Result in inadequate parking capacity? (Sources: 1) g) Conflict with adopted policies plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Sources: 1) XVI. UTILITIES & SERVICE SYSTEMS Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? (Sources: 1, 2) 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? (Sources: 1, 2) 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? (Sources: 1, 2) d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (Sources: 1, 2) e) Result in a determination by the wastewater treatment provider which 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? (Sources: 1, 2) 0 Be served by a landfill with sufficient permitted capacity to accommcld2te the project's solid waste disposal needs? (Sources: 1, 2) g) Comply with federal, state, and local statutes and regulations related to solid waste? (Source: 1) XVII. 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 ❑ ❑ ❑ ❑ ❑ ❑ ❑ Potentially Les Than Ian Than No Significant Significant w/ Significant Impact Impact Mitigatian Impact Incorporation ❑ ❑ X ❑ n Li x ❑ ❑ ❑ x 11 x ❑ x ❑ ❑ ❑ ❑ ❑ X X Potentially I.wa Than Ica Than No Significant significant w/ Significant Impact impact Mitigation Impact Incorporation ❑ X 16 of 23 Initial Study - Page 11 of 14 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)? c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? No significant impacts to the environment as a result of this project have been identified. Approval of the project is not expected to have any significant impacts, either long-term or short-term, nor will it cause substantial adverse effect on human beings, either directly or indirectly. ❑ ❑ ❑ ❑ ❑ X ❑ X 1"1 of 23 Initial Study - Page 12 of 14 INITIAL STUDY PART II SUPPLEMENTAL COMMENTS City of National City 2005-2010 Housing Element Cask. File No. 2007-33 GP/1S General Purpose: The following section evaluates the potential impacts of the proposed 2005-2010 Housing Element. The attached environmental checklist consistent with the California Environmental Quality Act (CEQA) Guidelines, was used to focus this study on physical factors that may be further impacted by the proposed document. The Initial Study will serve to identify and evaluate any effects determined to be potentially significant leading to the issuance of a Negative Declaration. Project Description: The City of National City 2005-2010 Housing Element has been prepared pursuant to Article 10.6 of the Government Code. The Housing Element acse ses the housing needs of all economic segments of the City and provides an approach toward resolving those needs. It defines the goals and policies which will guide the City's approach and recommends a set of programs which would implement policies over the 2005-2010 period. Environmental Setting: The City of National City is comprised of 8 '/ miles, located 5 miles south of San Diego. It is bordered by the City of San Diego to the north and east, Chula Vista to the south, and the unincorporated areas of Lincoln Acres and Bonita to the south and south east and San Diego bay to the west. Incorporated in 1887, National City is almost entirely built out. Land Use and Planning (IXZ, Aesthetics (I),, Agricultural Resources (11) The proposed Housing Element encourages the increase in affordable and senior housing, as well as new construction of units for all economic sectors of the community. Policies and programs could potentially alter the present or planned land -use in an area by resulting in higher anticipated densities. However, any impacts are not considered to be significant since the evaluation such programs previously resulted in no substantial adverse impacts or conflicts to land -use or aesthetics. National City is a primarily built -out community and there is no farmland mapped or planned to be mapped within the City, or more specifically on the project site. The site is also currently zoned for single-family uses, and no Williamson Act contract is associated with the land; therefore, the proposed General Plan Amendment would not impact any agricultural areas. Additionally, the program will not result n a significant impact since there will be opportunity for alternative designs to meet specific project related nerds while maintaining quality design. The required public hearing process, design review, and associated conditions of project approval ensure that such programs will not have an adverse impact on the surrounding land uses. Population and Housing (X11) The Housing Element encourages affordable housing while providing for the preservation of the health, safety and welfare of residents. Policies and programs also encourage development in all economic sectors of the community. While the potential exists for city build -out figures to be exceeded as a result of Housing Element programs (such as the Density Bonus Ordinance), the goals of the General Plan provide for implementation measures to ensure the quality of life standards are met in a timely and acceptable manner. Potential increases in density from a project are not anticipated to create a significant impact within the immediate area of a project since they will be evaluated on a case by case basis. Additionally, the number of additional units created by the density bonus opportunities is minimal since they primarily relate to affordable and senior housing units. The Housing Element identifies the City's share of the region's future needs for new housing, the Regional Housing Needs Allocation (RHNA). The City of National City is required to provide enough vacant or redevelopable infill land available for approximately 319 housing units, of which 18 should be affordable to very low income households, 39 should be affordable to low income households, 60 should be affordable to moderate income households, and 202 should be affordable to above moderate income households. This 18 of 23 Initial Study - Page 13 of 14 required amount of available land is not anticipated to create a significant impact since there are already identified sites with the appropriate zoning to provide the needed units serving the required proportions of very low, low, and moderate -income households. Earth/Geology (VI) Hydrology /Water (VIII) California Geological Survey information indicates there is no area within the City located within an Alquist- Priolo Special Studies Zone, and there are no known active or potentially active faults that intercept the project site; therefore, the potential for ground rupture at this site is considered low. The nearest active fault to the site is the Rose Canyon Fault, located approximately three miles to the west. Accordingly, the site is not considered to possess a significantly greater seismic risk than that of the surrounding area in general. It should be recognized that Southern California is an area that is subject to some degree of seismic risk and that it is generally not considered economically feasible nor technologically practical to build structures that are totally resistant to earthquake -related hazards. Construction in accordance with the minimum requirements of the Uniform Building Code should minimize damage due to seismic events. Air Quality (III) The San Diego Air Basin is a non -attainment area for federal and state air quality standards for ozone. l•ral air quality impacts are directly related to the number of vehicle trips and operation levels on adjacent streets and intersections. No significant impacts will occur since the Housing Element is a policy guide that is based on the current National City General Plan and Land Use Code. Additionally, the Housing Element does not propose any new development or any new areas for development beyond that already permitted by the Land Use Element of the General Plan and the land use designations of the National City Land Use Code. Transportation/Circulation (XV) The Circulation Plan and policies provide for the transportation needs of the community and subregion by implementing a circulation system that provides a high level of mobility, efficiency, access and safety for all modes and purposes of trips. No significant impacts are anticipated since the Housing Element is a policy guide that is based on the current National City General Plan and Land Use CMe. Additionally, the Housing Element does not propose any new development or any new areas for development beyond that already permitted by the Land Use Element of the General Plan and the land use designations of the National City Land Use Code. Biological Resources (IV), Hazards (VII), Noise (XI), Cultural Resources (V) The Housing Element encourages residential development and affordable housing. However, no significant impacts will occur since no development is associated with the project. The provisions of the Housing Element do no alter current standards that ensure that no noise or light and glare impacts are created. Any future construction activities would comply with City ordinances regarding stormwater protection measures and standard construction practices and would therefore create no significant impact. All noise generated by the any future development would be required to comply with the City's Noise Ordinance, and because construction noise is temporary, no significant impact from the project would occur. This project will not result in a health hazard or potential risk of explosion or deterioration to cultural/archeological resources, existing animal species, wildlife, and or sensitive biological habitat since future development will be analyzed on a case -by -case basis. Mineral Resources (X?, Public Services (XIII)jUtilities and Service Systems (XVI), Recreation (XIV) While the proposed Housing Element encourages affordable housing and development within the City, future development will be analyzed on a case -by -case basis to determine the proper level of services needed to serve the project and necessary improvements to adequately mitigate impacts. Development impact fees are also collected to offset the cost of City services. Mandatory Findings of Significance (XVI) The proposed Housing Element will not have a significant individual or cumulative impact to the environment. Provisions in the Housing Element do not alter current State and City standards that guide future development and ensure that no environmental impact will occur. Any impacts from new development will be addressed by the City's environmental review and project permit requirements. Since the new development will occur in an urbanized area provided adequate public services and utilities, no major expansion of public infrastructure is 19 of 23 Initial Study - Page 14 of 14 anticipated to serve the growth. Minor public improvements may be necessary and required by conditions of permit approvals. Consequently, the project is not expected to have significant impacts, either long-term or short-term, nor will it cause substantial adverse effect on human beings, either directly or indirectly. REFERENCE SOURCES Reference No. 1. Document Title Available for Review at National City General Plan National City Planning Dept. 2. City of National City Municipal National City Planning Dept. 3. City of National City Land Use Code National City Planning Dept 4. City of National City Design Guidelines National City Planning Dept. 20 of 23 RESOLUTION NO. 57-2007 A RESOLUTION OF THE PLANNING COMMISSION OF TiIE CiTY OF NATIONAL CITY, CALIFORNIA, APPROVING A GENERAL PLAN AMENDMENT AND PROPOSED FINDING OF N() SIGNIFICANT ENVIRONMENTAL FIT('T' FOR TIIE 2005-2010IIOUISING ELEMENT UPDATE APPLICANT: CITY OF NA'1'IONAI. CITY CASE FILE NO. 2007-33 (iP WHEREAS, the Planning Commission of the City of National City considered a General Plan Amendment for the 2005-2010 HouLsing Element update at a duly advertised public hearing held on October 15, 2007, 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. 2007-33 GP 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 ('ity law; and, WHEREAS, the action recited herein is found to he essential for the preservation of public health, safety, and general welfare. NOW, TTIEREFORE, BE IT RESOLVEi) by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning ('onunission at the public hearing held on October 15, 2007 support the following findings: RECOMMENDED FINDINGS FOR APPROVAL OF TIIE. 2005-2010 HOUSING ELEMENT UPDATE 1. The updated Housing Element substantially complies with the provision of Article 10.6 of the California Government Code, including addressing the needs of all income levels and including an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing. 2. T'hc updated Housing Element augments the City's General Plan and furthers housing goals such as the preservation of existing residential neighborhoods and the provision of a wide range of housing opportunities. housing preservation is accomplished by 17 programs such as the Rental Unit Rehabilitation Program for existing rental units, the Ilousing Rehabilitation program that provides loans for basic home repairs, and the Paint and Tool loan programs for households in need. Seventeen other programs are intended to provide for a wide range of housing opportunities, such as assisting in the construction of affordable housing, updating City density bonus and second unit provisions, and continued implementation of actions to address fair housing issues. 21 of 23 3. 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 in areas of the City where concentrations of lower income households do not already exist, taking into account the availability of necessary public facilities and infrastructure. 4. The amendment to the General Plan, which will update the City's (lousing Element consistent with state requirements is in the public interest and is consistent with General Plan policies, since it encourages the creation of home ownership opportunities and since it wilt increase the potential that the City will meet the state housing production requirements. 5. The City has conducted extensive public outreach efforts with regard to the Draft I lousing Element, the results of which have been summarized and considered. RECOMMENDED FINDINGS FOR APPROVAL OF NEGATIVE DECLARATION 1. That the Negative Declaration (2007-33 GP) has been read and considered together with any comments received during the public review process; and, 2. That based on the whole record including the Initial Study, there is no substantial evidence that the project will have a significant effect on the environment and that the Negative Declaration reflects the City's independent judgment and analysis. BE IT FURTHER RESOLVED that the Planning Commission has considered the proposed Negative Declaration (2007-33 GP) 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 proposed Negative Declaration reflects the City's independent judgment and analysis, and hereby recommends approval of the proposed Negative Declaration. BE IT I•'11RTI IER 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. 22 of 23 CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of October 15, 2007, by the following vote: AXES: Alvarado, Baca, Pruitt, Flores, Reynolds, DeLaPaz NAYS: ABSENT: Carrillo ABSTAIN: CHAIRWOMAN 23 of 23 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 20, 2007 AGENDA ITEM NO. 24 ITEM TITLE Continued Public I leaving - Time Extension Request -- Tentative Subdivision Map to Divide a 12,750 Square -Foot Property on the East Side of C Avenue Between 8th and 9th Street, into Eight Residential Lots with a Conditional Use Permit for One of the Lots to have an Accessory living Unit (Applicants: Alfonso Reynoso, Adolfo (ia egos, and Edgar Ilerrera)(Case File No. S-2004-6/CUP-2004-18) PREPARED BY Martin ee er, 336-4310 DEPARTMENT Planning EXPLANATION The City Council held a public hearing on this time extension request at their meeting of October 16, 2007. Council continued the item to the meeting of November 20, 2007 in order for the applicant to he present for questions. The following background report describes the request in detail. Environmental Review Financial Statement N/A _..X. NIA Exempt Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff recommends that the expiration date for S-2004-6/CUP-2004-18 be extended by an additional year to September 21. 2008. C7- BOARD / COMMISSION RECOMMENDATION NIA ATTACHMENTS ( Listed Below) Resolution No. 1. Background Report 2. Resolution No. 2004-179 3. Location Map 4. Applicant's letter of request A 200 (9/99) BACKGROUND REPORT The City Council approved a Tentative Subdivision Map and Conditional Use Permit on September 21, 2004, for the development of eight row homes. Council approved a Time Extension in October, 2006 to extend the permit expiration date another year until September 21, 2007. The original applicant, Alpha Project, a non-profit entity, had an agreement with the Community Development Commission to provide two of the units for persons with low to moderate incomes. Alpha Project sold their interest in the property to the current owners in February of 2006. The new property owners do not plan to provide any affordable units. No Condition of Approval was included with the original approval to require such units and since the property was sold, the agreement was dissolved. All Tentative Subdivision Maps are approved with a condition allowing two years to finalize the map. As no Final Map has been processed for the proposed project, this Tentative Subdivision Map will expire unless extended. The Subdivision Ordinance allows up to three time extensions for a total of 36 months. Whereas the request for the Time Extension of the Subdivision does not require a publicly -noticed hearing, the associated Conditional Use Permit does require such a hearing. Such extensions may be granted by the original approving body for no more than one year for each extension. The City Council has the option to either approve or deny the applicants' request for an extension of the Tentative Subdivision Map and Conditional Use Permit. The current property owners are requesting an additional time extension. They state that they have continued to work diligently to complete the subdivision map, but need more time to complete the Final Map requirements. Specifically, the applicants are working on providing a grading and street improvement bond to the satisfaction of the Engineering Department. At the City Council meeting of October 16, 2007, the Council had questions for the applicant, who was not present, regarding the inclusion of affordable units. Council continued the item to the meeting of November 20, 2007 in order for the applicant to be present for questions. 1 of 13 6808 RESOLUTION NO. 2004 —179 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP TO DIVIDE A 12,750 SQUARE FOOT PROPERTY ON THE EAST SIDE OF C AVENUE BETWEEN 8TH STREET AND 9TH STREET, INTO EIGHT RESIDENTIAL LOTS WITH A CONDITIONAL USE PERMIT FOR ONE OF THE LOTS TO HAVE AN ACCESSORY LIVING UNIT APPLICANT: BRETT FARROW — FOR ALPHA PROJECT CASE FILE NO.: S-2004-6/CUP-2004-18 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: Lot 4, 5, 6, 7 and a portion of Lot 8 in Block 4 of W.C. Kimball's Subdivision of 10 Acre Lot 1 on Quarter Section 154 of Rancho De La Nacion, in the City of National City, County of San Diego, State of Califomia, according to Map thereof No. 105, filed in the Office of the County Recorder of San Diego County March 10, 1887. WHEREAS, the Planning Commission of the City of National City, California, considered said applications at a public hearing held on August 16, 2004, and by Resolution recommended conditional approval of the application; and WHEREAS, the City Council of the City of National City considered said applications at a public hearing held on September 7, 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-2004-6 and CUP-2004-18 which are maintained by the City, and incorporated herein by reference; along with evidence and testimony at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State 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, Califomia, that it hereby approves the tentative subdivision map to divide a 12,750 square foot property on the east side of C Avenue between 8th Street and 9th Street, into eight residential lots with a conditional use permit for one of the lots to have an accessory living unit, based on the following findings: 2 of 13 6809 Resolution No. 2004 — 179 September 21, 2004 Page 2 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 eight new homeownership opportunities will be created on a vacant commercial property at a density (30.2 units/acre) that is consistent with the maximum allowed by the General Plan (34.8 unitslacre). Also, the high quality characteristics and urban style of the residential development wig strengthen the urban residential neighborhood in this area as encouraged by the General Plan. Finally, there are no relevant specific plans for this area. 2. The site is physically suitable for the proposed type of development, since the urban style residential development will harmonize with the existing urban residential and commercial, development in the vicinity, and since most of the development in the area is multi -storied. 3. The site is physically suitable for the proposed density of development, since the proposed 30.2 units/acre is consistent with the maximum 34.8 units/acre allowed by the General Ptan and with the density of existing nearby development, which varies within the project block from approximately 20 units/acre to 40 units/acre. Also, adequate off-street parking and private open space areas 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 small 12,950 square foot site, which was previously developed, is devoid of any vegetation, and since there are no bodies of water on -site. 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. 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. 3 of 13 • Resolution No. 2004 - 179 September 21, 2004 Page 3 6810 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 coding opportunities in the subdivision, based on consideration of local dimate, 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 FOR AN ACCESSORY LIVING UNIT ON LOT 6 1. That the site for the proposed use is adequate in size and shape, since as a part of a larger project the site is large enough to accommodate the main living unit and small accessory living unit/companion flat with adequate off-street parking and private open space. 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 as part of a larger project, which itself will contribute only a minimal amount of traffic to the roads in the area, the two units on lot 6 will generate an insignificant 16 average daily trips which can easily be absorbed by the nearby residential and commercial roads. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the density of the proposal is similar to that of nearby existing development and since a greater ratio of parking per unit will be provided and since adequate setbacks will be maintained. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the creation of a multitude of residential housing types is encouraged by the City's General Plan and since the project will be meeting contemporary regional housing demand. 4 of 33 f'; 1 Resolution No. 2004 — 179 September 21, 2004 Page 4 6811 FINDINGS FOR APPROVAL OF THE REQUESTED EXCEPTIONS FOR REDUCED LOT SIZE AND STREET FRONTAGE 1. The property to be divided is of such size or shape, or is affected by such topographic conditions that it is impossible or impracticable in the particular case to conform fully to the subdivision requirements, since the proposed project fully utilizes the elevated street and level alley frontage consistent with the pattern of existing residential development in the area. 2. The exceptions will not be detrimental to the public health, safety, welfare or be detrimental to the use of other properties in the vicinity, since the proposed subdivision and development include numerous design features that will make it compatible with. the adjacent urban residential and commercial properties. 3. Granting of the exceptions is in accordance with the intent and purposes of this Title, and is consistent with the General Plan and with all specific plans or other plans of the City, since the General Plan encourages the creation of home ownership opportunities, which the requested exceptions facilitate, and since the functional design of the proposed subdivision is compatible with adjacent and nearby development consistent with the intent of this Title. FINDING FOR EXCEPTION TO SETBACK REQUIREMENTS That the proposed front, side and rear yard setbacks are adequate to continue the existing development pattern on adjacent parcels, buffer the units from the streets and adjacent development while allowing for eight high quality residential units to be provided with a greater ratio of parking spaces per unit than other development in the area. FINDINGS FOR MIXED USE EXCEPTIONS 1. That because of special circumstances applicable to the property, including shape, topography, and location, 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 under the proposal a greater ratio of parking per unit will be provided than is provided on many of the developed properties in the area. Also, since the design of the off-street parking is both functional and consistent with City Design Guidelines. Finally, the proposed building heights are consistent with the heights of existing development in the area and under the same zoning classification, and are Tess than would be allowed for commercial development on the property. 5 of 13 • Resolution No. 2004 -- 17f. September 21, 2004 Page 5 6812 2. That the requested exceptions are 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 existing nearby developments in the CG Zone provide a lesser ratio of off-street parking spaces per unit in sub -standard parking lots. 3. That the exceptions do not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations goveming the parcel of property, since residential development is permitted in the General Commercial (CG) Zone with an approved sire plan. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said Tentative Subdivision Map to divide a 12,750 square foot property. on the east side of C Avenue between 8th Street and 9th Street, into eight residential lots with a conditional use permit for one of the lots to have an accessory living unit is hereby approved subject to the following conditions: This Tentative Map and Conditional Use Permit authorize the division of one project site into eight lots for development with eight residential units and one accessory living unit Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A -revised, B-revised and C, Case File no. S-2004-6/CUP-2004-18, dated 7/20/2004, 7/20/2004 and 7/23/2004 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. N1 The Conditional Use Permit shall not be relied upon nor shall a Final Map be approved until GP-2003-6 and A-2004-1 are effective. The developer shall provide a declaration of covenants, conditions and restrictions, running with the land, dearly setting for the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common ownership of 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 City Attomey. 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 shalt include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs: 6 of 13 6813 Resolution No. 2004 -- 179 September 21, 2004 Page 6 5. 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, ail 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 ail owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. All exterior balcony/deck/stair railing shall be a high quality, low -maintenance material ((xctiidrng ), subject to review and approval of the Planning Director. sf / If gated a rapid 'entry system for Police Department access shall be provided in compliance with Municipal Code Chapter 10.47. 8. Estimated minimum fire flow requirement will be 2250 gpm for 2 hours. 9 Access to the auto court shall not be less than 20 feet wide with a vertical clearance of 13 feet 6 inches throughout. 10. Entire alley to be posted "NO PARKING FIRE LANE." 11. Unit 8 shall have an individual fire sprinkler system subject to review and approval of the Fire Department. 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 stoma 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. Alt 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. of 13 Resolution No. 2004 — 179 September 21, 2004 Page 7 6814 14. A soils engineering report shall be submitted for the Pu, ilic Works Department's review. after Planning Commission approval. The r port shall address the stability of all of the existing and proposed slopes on tt 3 property. It shall also address the adequacy of the budding pads, the criteria f it any new retaining wall design, the maximum allowable soil bearing pressure ar 1 the required pavement structural sections for the proposed streets, the I arking areas, and the driveways. As a minimum, the parking lot pavement sec ions shall be 2 inch A.C. over 4-inth Class I1 aggregate base. The street paver rent sections shall be in accordance with National City modified Standard Draw ig G-24. All soils report findings and recommendations shall be part of the F iblic Works Department requirements. 15. A sewer permit will be required. The method of sewag 3 collection and disposal shall be shown on the grading plan. Any new sewer I. iteral in the City right-of-- way shall be 6 inch in size with a dean out. A sewer st; mp "S" shall be provided on the curb to mark the location of the lateral. 16. The deteriorated portions of the existing street improvt. ments (30' of sidewalks) along the property frontages shall be removed and replr,.ced. 17. A permit shall be obtained from the Public Works Depar :ment for all improvement work within the public right-of-way, and any gradinc construction on , private property 18. A cost estimate shall be submitted with the plans. A p wformance bond equal to the approved cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wallwork shall be posted. Three percent (3%) of the estimated cost shall also be dep<)sited with the City as an initial cost for plan checking and inspection services 3t the time the plans are submitted. The deposit is subject to adjustment, accosting to actual work hours. 19. Street improvements shall be in accordance with Cit i Standards. All missing street improvements (100' of curb and gutter) shall be constructed. 20. A title report shall be submitted to the Public Works Department, after the Planning Commission approval, for review of all exi sting easements and the ownership at the property. 21. The final 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 arc. monumentation. 8 of 13 6815 Resolution No. 2004 -179 September 21, 2004 Page 8 22. 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. 23. Separate water and sewer laterals shall be provided to each lot/parcel. 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 parcel map/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. Plans must comply with the 2001 editions of the Califomia Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations_ 30. Television cable companies shafl be notified a minimum of 48 hours prior to filling of cable trenches. 31. 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. 32. 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 tor the proposed project. 33. 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 9 of 13 Resolution No. 2004 —179 September 21, 2004 Page 9 ac c pting all conditions imposed upon the approval of th the signed and notarized Acceptance Form within 30 automatically terminate the Tentative Subdivision Map The applicant shall also submit evidence to the satisfacti' that a Notice of Restriction on Real Property is recorded The applicant shall pay necessary recording fees to th Restriction shall provide information that conditions im Tentative Subdivision Map / Conditional Use Permit arE future interest holders or estate holders of the property. shall be approved as to form by the City Attorney an Director prior to recordation. 34. Approval of the tentative map expires two (2) yea resolution of approval at 5:00 p.m_ unless prior to that extension not exceeding three (3) years has been file( City Municipal Code Section 17.04.070. The .Condition concurrent with the Tentative Subdivision Map. BE IT FURTHER RESOLVED that copies of transmitted forthwith to the applicant; and, BE IT FURTHER RESOLVED that this Resolute and final on the day following the City Council meeting where The time within which judicial review of this decision may be provisions of Code of Civil Procedure Section 1094.6. ATTEST: 6816 permit. failure to return Jays of its receipt shall Conditional Use Permit, 1 of the Planning Director pith the County Recorder. County. The Notice of used by approval of the binding on all present or The Notice of Restriction signed by the Planning after adoption of the :ate a request for a time as provided by National Use Permit shall expire his Resolution shall be n shall become effective Ire resolution is adopted. xight is governed by the PASSED and ADOPTED this 21s` day of.Septem ,er, 2004. Mi ael Della City Clerk it? hza, r ayor APPRO 'ED AS TO FORM: George 1. Eiser, III City Attc ney 10 of 13 6817 Passed and adopted by the Council of the City of National City, California, on September 21, 2004, by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Parra, Ungab. Nays: None. Absent: Councilmember Inzunza_ Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City. California By: Deputy I HEREBY CERTIFY that the above and foregoing isa full, true and correct copy of RESOLUTION NO. 2004-179 of the City of National City, California, passed and adopted by the Council of said City on September 21, 2004. Cit Clerk of the C. of National City, California By: Deputy 11 of 13 919 a chi a� o 927 ( w v w w Tniestone Investments LLC 374 E. "H" street, Suite A PMB 526 Chula Vista, CA 01910-7496 September 4, 2006 City of National ON Plannin8 Department 1243 National City Blvd National City, CA 91950-4301 Re: Time Extension Request Resolution # 2004-179 To Whom It May Concern We are requesting an extension of time for Tentative Suhclivision S-2004- 6/CU1'-2004-18. The time for completion of Map was previously extended from 09/21/06, to 09/21/07. We have met all requirements for the exception of submitting a Grading and Street Improvements Bond to the Engineering Department. We will continue to work expeditiously to meet this last requirement. If you have any questions, please call me or e-mail your questions to alfonso _roynoso@cox.net. Respectfully, Alton Rey noso TEL (619) 805-3 10 FAX (619) 623--3222 13 of 13 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 20, 2007 FIRST READING AGENDA ITEM NO. 25 ITEM TITLE Ordinance Rezoning a Certain Parcel of Real Property Pursuant to the Land Use Code from Open Space Reserve (OSR) to General Commercial -Planned Development (CG-PD) on the North Side of Plaza Bonita Road, west of Sweetwater Road, and East of 1-805 and adopting a Final Environmental Impact Report to assess project Impacts, Delete/Modify a Mitigation Measure regarding Open Space for the previously Certified Environmental Impact Report for the Plaza Bonita mall. Applicant: Costco Corporation. Case File No. GP-2005-4, ZC-2005-3 EIR SCH#2003111073. PREPARED BY Peggy Chapin, 336-431 EXPLANATION: Strategic Plan Goal 2A DEPARTMENT Planning A public hearing for this Amendment to the Combined General Plan/Zoning Map and Final Environmental Impact Report is also on this agenda. If approved, the attached Ordinance will need to be adopted. Environmental Review N/A A FEIR was prepared for the GPA/ZC and PD/CUP for the Costco Wholesale Facility. Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the attached Ordinance. kcio BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. Ordinance A-200 (9/99) ORDINANCE NO. 2007 — ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REZONING CERTAIN PARCELS OF REAL PROPERTY PURSUANT TO THE LAND USE CODE FROM OPEN SPACE RESERVE (OSR) TO GENERAL COMMERCIAL -PLANNED DEVELOPMENT (CG-PD) ON THE NORTH SIDE OF PLAZA BONITA ROAD, WEST OF SWEETWATER ROAD, AND EAST OF 1-805; CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT TO ASSESS PROJECT IMPACTS; AND DELETING/MODIFYING A MITIGATION MEASURE REGARDING OPEN SPACE FOR THE PREVIOUSLY CERTIFIED 1978 ENVIRONMENTAL IMPACT REPORT FOR THE PLAZA BONITA MALL APPLICANT: COSTCO CORPORATION CASE FILE NO GP-2005-4, ZC-2005-3 EIR SCH NO. 2003111073 WHEREAS, pursuant to the terms and provisions of the Government Code of the State of California, proceedings were duly initiated for the rezoning of the parcels of real property (APN 564-471-11), hereinafter described, and for the amendment of the General Plan of the City of National City; and WHEREAS, an Environmental Impact Report was prepared which assessed all potential environmental impacts of the General Plan Amendment and Rezoning in relation to the development of the 15.08-acre site for a Costco Warehouse facility; and WHEREAS, pursuant to legal notice, hearings were held by the Planning Commission of National City and also by the City Council of National City, and all persons interested were given the opportunity to appear and be heard before said Planning Commission and City Council; and WHEREAS, the Planning Commission of National City has regularly and duly certified to the City Council its report and has recommended approval of. such rezoning and amendment; and WHEREAS, the City Council found that on the basis of the Final Environmental Impact Report and all comments received that there is substantial evidence that the project will have a significant effect on the environment, adopted a Mitigation Monitoring and Reporting Program, and adopted a Statement of Overriding Consideration for unmitigatable impacts to traffic and air quality; and WHEREAS, the Final Environmental Impact Report includes mitigation measures to reduce potential impacts to a level of insignificant impacts and these mitigation measures have been included in the Resolution of Approval for the Costco Wholesale facility; and WHEREAS, the deletion/modification of a mitigation measure regarding open space for the previously certified 1978 Plaza Bonita Environmental Impact Report for the Costco project and substantial evidence supports the deletion/modification of that measure; and Ordinance No. 2007 — Page Two WHEREAS, the General Plan Amendment and Rezoning of the subject parcel is necessary to facilitate the development of the parcel which will further the goals of the city by increasing tax revenues and provide benefits to the community as a whole; and WHEREAS, the City Council finds the rezoning consistent with and necessary to implement the General Plan. NOW, THEREFORE, the City Council of the City of National City, California does ordain as follows: Section 1. All protests, if any, against said rezoning and said amendment to the General Plan, and each of them be and hereby are denied and overruled. Section 2. That all the real property described below is hereby rezoned from Open Space Reserve (OSR) to General Commercial -Planned Development (CG-PD). A 15.08 acre vacant parcel on the north side of Plaza Bonita Road, west of Sweetwater Road, and East of 1-805, attached hereto as Exhibit "A". Section 3. That a Notice of Determination shall be filed indicating that the rezoning will have a significant effect on the environment, that an environmental impact report was prepared pursuant to the California Environmental Quality Act, that a mitigation monitoring and reporting program was adopted, that the mitigation measures identified in the mitigation monitoring and reporting program were made conditions of approval, that findings were made pursuant to Guidelines Section 15091, that a statement of overriding considerations was adopted, and that the certified final environmental impact report together with comments and responses is available to the general public at the City Clerk's Office of the City of National City located at 1243 National City Boulevard, National City . PASSED and ADOPTED this ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney day of , 2007. Ron Morrison, Mayor EXHIBIT A Legal Description Lot 14 of the Plaza Bonita Shopping Center, according to map thereof No. 10337, filed in the office of the County Recorder of San Diego County February 24, 1982, in the City of National City, County of San Diego, State of California. us[ssO, ::o• x NApa[D 5p EXHIBIT B AREA SUBJECT TO COMBINED GENERAL PLAN AND ZONE CHANGE FROM OPEN SPACE RESERVE TO COMMERCIAL GENERAL PLANN £-VELOPMENT [ows •. .9,55 w� 3t6 4 At 3A 6. 5 4.• ;e ,VI 2 ;\ 35eAC \` < 41 1-4 ` 1 0- NOTE ACREAGES SHCWN PER REC. NAP • ' SH7 Or 2 i[SSME\[ - 'po Si, On, „e D. 1PI 9 AC Z STOCKMAN ST. S EFr�✓q \ 63t T�� 3 2\1 ED _ o� 5 2 5AC ' (!1 01` 315AC r 66it M C 21gAC 3•' f 3J j�n6'A��j 6a 0.0 16 e 2 A 8 6 2A ? AC 555AC 1 .G 1.4 9 5.Oe.0 42 .f6'{ J 'I a) ,5536 , p 102, [w 3 f•J REA\A NDEP C' LDT 13 SHOWN ON SHT. 2 \9 10 yof t .7.'t'�ii A4 36.1it,If N,6.2�'Oa•L 1 \ .Wief Of' M'R r / `6.tfve'• ;f6..t•6d4 12 \ 10 MAP 10337—PLAZA BONI A SHOPP:NG CENTER \C.72 47. 3'1 S ;3 I 1439 AC 2 3' 5,• e t." 584-47 SI," I pF 2 I[•I'1'2' 6,•W -IT fa fe 2 2 JE5 BLrC 01- , 57'C 47, 25 M= • NE R MO 1111 City of National City, California CITY COUNCIL AGENDA STATEMENT FIRST READING MEETING DATE November 20, 2007 AGENDA ITEM NO. 26 ITEM TITLE AN ORDINANCE REPEALING AN INCREASE IN THE SALARIES OF THE MAYOR AND CITY COUNCIL BY REPEALING ORDINANCE NO. 2007-2289 PREPARED BY George H. Eiser, III (Ext. 4221) EXPLANATION DEPARTMENT City Attorney Please see attached memorandum. Environmental Review NI NIA Financial Statement Please see attached memorandum. Approved By: Finance Director Account No. STAFF RECOMMENDATION Introduction of Ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Memorandum Proposed Ordinance A-200 (9/99) TO: FROM: SUBJECT: CITY OF NATIONAL CITY OFFICE OF THE CITY ATTORNEY 1243 National City Boulevard, National City, CA 91950-4301 George H. Eiser, III • City Attorney Phone: (619) 336-4220 Fax: (619) 336-4327 TDD: (619) 336-1615 E-mail: Attorney@ci.nationai-city.ca.us Mayor and City Council City Attorney Ordinance Repealing increases in the Salaries of the Mayor and City Council DATE: November 13, 2007 Pursuant to Government Code Section 36516(c), the City Council may, by ordinance, increase its compensation by 5% per calendar year from the date of the last increase in compensation. .Pursuant to Government Code Section 36516.1, an elected mayor may he provided with compensation in addition to that which he receives as a councilman, pursuant to an ordinance or by a vote of the electors at a municipal election. There are no limitations imposed on the amount of the mayor's compensation, although the City Council has historically adjusted the .Mayor's salary by the 'same percentage as the City Council's. At the City Council meeting of January 16, 2007, the Mayor and Council adopted Ordinance No. 2007-2289, which their increased salaries by the same percentages, on the same dates, and subject to the same conditions as the salary increases, if any, for the Municipal Employees' Association. Before the adoption of Ordinance No. 2007-2289, the last salary adjustment for the Mayor and Council occurred on January 7, 2003. Members of the City Council have requested that an item be placed on the agenda to consider the repeal of Ordinance No. 2007-2289, which would leave the salaries of the Mayor and City Council at the same level as they existed since January, 2003. All benefits would also remain at the January, 2003 level. L GEORGE II. EISER, III City Attorney GI IE/gmo ORDINANCE NO. 2007 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REPEALING AN INCREASE IN THE SALARIES OF THE MAYOR AND CITY COUNCIL BY REPEALING ORDINANCE NO. 2007-2289 WHEREAS, at the City Council meeting of January 16, 2007, the Mayor and Council adopted Ordinance No. 2007-2289, which increased their salaries by the same percentages, on the same dates, and subject to the same conditions as the salary increases, if any, for the Municipal Employees' Association. Before the adoption of Ordinance No. 2007- 2289, the last salary adjustment for the Mayor and Council occurred on•January 7, 2003; and WHEREAS, it has been proposed by members of the City Council that the Council repeal Ordinance No. 2007-2289, which would leave the salaries and benefits of the Mayor and City Council at the same level as they existed since January, 2003. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of National City that Ordinance No. 2007-2289 is hereby repealed. PASSED and ADOPTED this day of , 2007. Ron Morrison, Mayor ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney SECOND READTh3 IEETING DATE City of National City, California COUNCIL AGENDA STATEMENT 11/20/07 AGENDA ITEM NO. 23 ITEM TITLE \ Ordinance Rezoning Certain Parcel of Real Property Pursuant to the Land Use Code from Siingle-Family Large Lot (RS-1) to Private Institutional -Planned Development (IP-PD) and a proposed Specific Plan for a Non -Profit Philanthropic Organization on a 6.85-Acre Site at 2505 and 2525 N Avenue and Approving a Negative Declaration and Authorizing the Filing of a Notice of Determination. Applicant: International Community Foundation. Case File No. 2007-16 SP, IS, GP, 2C PREPARED BY Angela Reeder 336-4310 EXPLANATION DEPARTMENT Planning The City Council voted to approve this item at the October 16, 2007 public hearing. The attached Ordinance is needed to follow through on the action. Environmental Review N/A Approve the Negative Declaration (2007-16 IS) Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION , /V Adopt the attached Ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS (6isted Below) ResehAtien No. Ordinance A-200 (9/99) ORDINANCE NO. 2007 — 2297 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REZONING CERTAIN PARCELS OF REAL PROPERTY PURSUANT TO THE LAND USE CODE FROM SINGLE-FAMILY LARGE LOT (RS-1) TO PRIVATE INSTITUTIONAL -PLANNED DEVELOPMENT (IP-PD) ON A 6.85-ACRE SITE AT 2505 AND 2525 N AVENUE AND APPROVING A NEGATIVE DECLARATION, AND AUTHORIZING THE FILING OF A NOTICE OF DETERMINATION APPLICANT: INTERNATIONAL COMMUNITY FOUNDATION CASE FILE NO. 2007-16 SP, IS, GP, ZC WHEREAS, pursuant to the terms and provisions of the Government Code of the State of California, proceedings were duly initiated for the rezoning of the parcels of real property (APNs 563-150-29 and 563-040-11), hereinafter described, and for the amendment of the General Plan of the City of National City; and WHEREAS, pursuant to legal notice, hearings were held by the Planning Commission of National City and also by the City Council of National City, and all persons interested were given the opportunity to appear and be heard before said Planning Commission and City Council; and WHEREAS, the Planning Commission of National City has regularly and duly certified to the City Council its report and has recommended against such rezoning and amendment; and WHEREAS, the City Council found that on the basis of the Initial Study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment and adopted a proposed Negative Declaration which addresses both said General Plan amendment and rezoning; and WHEREAS, the City Council finds the rezoning consistent with and necessary to implement the General Plan. NOW, THEREFORE, the City Council of the City of National City does ordain as follows: Section 1. All protests, if any, against said rezoning and said amendment to the General Plan, and each of them be and hereby are denied and overruled. Section 2. That all the real property described below is hereby rezoned from Single - Family Large Lot (RS-1) to Private Institutional -Planned Development (IP-PD): A 6.85-acre site at 2505 and 2525 N Avenue, on attached Exhibit "A" and as described by case file exhibit 2007-16 GP, IS, SP, ZC on file in the office of the City Clerk; and Section 3. That a Notice of Determination shall be filed indicating that the rezoning will not have a significant effect on the environment. --- Signature Page to Follow --- Ordinance No. 2007 — 2297 Page 2 PASSED and ADOPTED this 20th day of November, 2007. Ron Morrison, Mayor ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 20' w RS-2 PROJECT SITE 1e 0 2416 2A24 1 2 °4 2516 2522 Golf Course ZONE BOUNDARY — — — - CITY BOUNDARY �---- LOCATION MAP Proposed Specific Plan for a private institutional use including the conversion of residential structures to office uses and Amendment to the Combined General Plan/ Zoning Map from RS-1 to IP-PD at 2505 and 2525 N Avenue. 2007-16 SP, IS, 7N. oATE: GP, ZC NATIONAL CITY PLANNING EXHIBIT "A" INITIAL HEARING: 8/20/07 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 20, 2007 AGENDA ITEM NO 28 ITEM TITLE Resolution Adopting an Amendment to the Combined General Plan/Zoning Map from Open Space Reserve (OSR) to General Commercial -Planned Development (CG-PD) and Reviewing, Considering and Certifying a Final Environmental Impact Report to Assess Project Impacts of a Costco Wholesale Facility, Delete/Modify a Mitigation Measure regarding Open Space for the Previously Certified Environmental Impact Report for the Plaza Bonita Mall on a 15.08 Acre Vacant Parcel on the North Side of Plaza Bonita Rd, west of Sweetwater Rd, and East of I- 805. Applicant: Costco Corp. Case File No. GP-2005-4, ZC-2005-3 EIR SCH#2003111073 DEPARTMENTS Peggy Chapin, Principal Planner x4319 cPlanning EXPLANATION: Strategic Plan Goal 2A PREPARED BY A public hearing for an Amendment to the Combined General Plan/Zoning Map and Final Environment Impact Report is also on this agenda. If approved, the attached Resolution is needed to follow through on that action. Environmental Review A FEIR was prepared for the GPA/ZC and PD/CUP for the Costco Wholesale Facility. Financial Statement Account No. N/A RECOMMENDATION Adopt the attached Resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS Resolution No. Resolution A-200 (9/99) RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING AN AMENDMENT TO THE COMBINED GENERAL PLAN/ZONING MAP FROM OPEN SPACE RESERVE (OSR) TO GENERAL COMMERCIAL -PLANNED DEVELOPMENT (CG-PD) ON A 15.08 ACRE VACANT PARCEL ON THE NORTH SIDE OF PLAZA BONITA ROAD, WEST OF SWEETWATER ROAD AND EAST OF 1-805; REVIEWING, CONSIDERING AND CERTIFYING A FINAL ENVIRONMENTAL IMPACT REPORT TO ASSESS PROJECT IMPACTS OF A COSTCO WHOLESALE FACILITY ON THE 15.08 ACRE VACANT PARCEL; AND DELETING/MODIFYING A MITIGATION MEASURE REGARDING OPEN SPACE ON THE 15.08 ACRE VACANT PARCEL FOR THE PREVIOUSLY CERTIFIED 1978 ENVIRONMENTAL IMPACT REPORT FOR THE PLAZA BONITA MALL. APPLICANT: COSTCO CORPORATION CASE FILE NO. GP-2005-4, ZC-2005-3, EIR SCH NO. 2003111073 WHEREAS, the City Council considered the recommendation and findings of the Planning Commission for approval of an amendment to the General Plan to change the land use designations on the Combined General Plan/Zoning Map from Open Space Reserve (OSR) to General Commercial -Planned Development (CG-PD) for a 15.08 vacant parcel on the north side of Plaza Bonita Road, west of Sweetwater Road, and east of 1-805, at the duly advertised public hearing held by the City Council on November 6, 2007, and WHEREAS, the Planning Commission and City Council have caused and duly held studies and proceedings for the timely amendment to the General Plan of the City of National City, pursuant to Title 7, Chapter 3, Article 6 of the Government Code of the State of California, and WHEREAS, the Planning Commission at a duly advertised public hearing held on October 15, 2007, considered the proposed amendment to the General Plan of the City of National City, along with all evidence and testimony presented at said hearing, and along with the Environmental Impact Report to assess project impacts of a Costco Wholesale Facility, and deleting/modifying mitigation measures regarding Open Space for the previously Certified 1978 Environmental Impact Report for the Plaza Bonita Mall on a 15.08 vacant parcel on the north side of Plaza Bonita Road, west of Sweetwater Road, and east of 1-805 together with any comments received; and WHEREAS, the City Council recognizes the need and desirability to conduct reviews of, and consider amendments to, the General Plan to accommodate the changing needs of the community. NOW, THEREFORE BE IT RESOLVED that the City Council certifies it has reviewed and considered the information contained in the Final Environmental Impact, and certifies the Final Environmental Impact Report based on the following findings: FINDINGS FOR CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT 1. The Final Environmental Impact Report (FEIR) has been prepared in accordance with the California Environmental Quality Act. Resolution No. 2007 — November 20, 2007 Page 2 2. The City Council has reviewed and considered the information in the FEIR before approving the project. 3. The FEIR reflects the City's independent judgment and analysis. 4. The Planning Commission has considered the environmental impact report together with any comments received during the public review process and the responses. 5. On the basis of the whole record, including the Initial Study, written comments, and responses, there is substantial evidence that the project will have a significant effect on the environment. 6. Based on the FEIR and the analysis provided therein, a Mitigation Monitoring and Reporting Program (MMRP) has been prepared to assess the potential environmental impacts and identifies impacts that can be mitigated to below a level of significant impact. 7. The mitigation measures that have been identified as feasible mitigation measures that will mitigate impacts to below a level of significant impact in the MMRP have been incorporated into the conditions of approval for the Costco Wholesale Planned Development Permit and are enforceable through the permit conditions. 8. Based on the FEIR, there are air quality and traffic impacts which cannot be feasibly avoided or mitigated, but those impacts are overridden by other factors, thus a Statement of Overriding Consideration is required for impacts to air quality and traffic. 9. Impacts to air quality cannot be mitigated to below a level of significant impact because the 15.08 parcel was assessed as Open Space and a rezoning to Commercial and development of the site would result in unmitigable impacts. 10. Impacts to traffic cannot be mitigated to below a level of significant impacts because no feasible mitigation has been determined at these locations: a. Bonita Road Segment between Plaza Bonita Road and 1-805 (Year 2008 and 2030); and b. SR-54 Segment; Plaza Bonita Center Way and Woodman Street (Year 2008 and 2030); and c. SR-54/Plaza Bonita Center Way intersection, and eastbound on -ramp (Year 2030). 11. The Mitigation Monitoring and Reporting Program (MMRP) sets forth all significant environmental impacts and the mitigation measures which will avoid or reduce each significant impact to a level of insignificance, with the exception of certain traffic impacts and air quality impacts which are detailed in the FEIR as unmitigable. Resolution No. 2007 — November 20, 2007 Page 3 12. The traffic impact at the intersection of Sweetwater Road and Mesa Vista Way is both a direct and cumulative impact, for which the applicant has agreed to participate in the County of San Diego Traffic Impact Fee program to mitigate that impact. The Traffic Impact Fee program is designed to use funds for identified improvements within this traffic corridor and would mitigate for the traffic impacts identified at the intersection of Sweetwater Road and Mesa Vista Way. 13. The alternatives proposed are each rejected, as explained in the FEIR, because they do not meet the project objectives and neither the lifestyle alternative nor the big box alternative have an overall lesser impact on the environment than the proposed project. 14. The documents and other materials that constitute the record of proceedings on which the City Council based its findings are located at the City of National City, 1243 National City Boulevard, National City. The custodian for these documents is the City Clerk of the City of National City. This information is provided in compliance with Public Resources Code Section 15091(e). BE IT FURTHER RESOLVED that the City Council adopts the Mitigation Monitoring and Reporting Program prepared as part of the FEIR. BE IT FURTHER RESOLVED that the City Council adopts and makes this Statement of Overriding Considerations concerning the project's unavoidable significant impacts to air quality and traffic to explain why the projects' benefits override and outweigh its unavoidable impacts. STATEMENT OF OVERRIDING CONSIDERATIONS 1. Impacts to Air Quality cannot be mitigated to a below a level of significant impact since the 15.08 parcel was assessed as Open Space and a rezoning to Commercial and development of the site would result in unmitigable impacts. There is no feasible mitigation measure for this impact. 2. Impacts to traffic cannot be mitigated to below a level of significant impacts because no feasible mitigation has been determined at these locations: a. Bonita Road Segment between Plaza Bonita Road and 1-805 (Year 2008 and 2030); b. SR-54 Segment; Plaza Bonita Center Way and Woodman Street (Year 2008 and 2030); and c. SR-54/Plaza Bonita Center Way intersection, and eastbound on -ramp (Year 2030). 3. This project will bring substantial benefits to the City of National City, including creation of jobs, diversification of wholesale shopping opportunities to the City's residents and businesses, better use of the vacant parcel, and an increase in local tax revenues through development of the Costco Wholesale; and, development of the project site through a carefully coordinated planning process will minimize environmental impacts, all in accordance with the General Plan goals. Resolution No. 2007 — November 20, 2007 Page 4 4. The City Council finds that the project's unavoidable impacts are acceptable in light of the project's benefits. Each benefit set forth below constitutes an overriding consideration warranting approval of the project, independent of other benefits, despite each and every unavoidable impact. a. In the near -term, implementation of the project will create local construction jobs for site preparation, grading, and construction and in the long-term, it will create jobs for local residents of approximately 250-300 employees. b. The project will provide diverse retail opportunities to City residents by offering a wide variety of household products including bulk groceries at reduced costs that are not offered elsewhere in the city. c. The National City median income is lowest in the County and it has the largest average household size; the project can offer goods and services to National City's low and very low income families at lower prices than at typical retail stores and increase their purchasing power for other items not offered at Costco. d. The project will increase the City's economic base from revenues derived from increased sales tax, gas tax, and property tax which would enable the City to continue to maintain essential services and quality of life amenities to the City at desirable levels. e. Since the project offers products in large quantities, it is able to offer reduced prices to their customers that then enables customers to save money and be able to purchase other items from other retail stores that offer goods and services that the project does not offer. f. In addition to the retail market, the project offers a wholesale market oriented toward business members who may purchase goods at Costco for resale which then enables these small businesses to remain competitive and attractive to customers and to increase their purchasing power. g. The project will serve to implement an objective of the City's Strategic Plan adopted by the City Council by assisting in achieving fiscal sustainability. h. Construction of the project will eliminate the potential for dumping of trash and debris, the use of the parcel for illegal paint ball activities, and the use of the parcel as an area for homeless persons. The project site is currently an underutilized open space site that was designated for recreation facilities that were not installed by the County of San Diego nor are there any plans to incorporate the site into the City's park system; whereas the project will allow installation of additional recreational improvements within the Sweetwater Regional Park, a regional park facility that will benefit local residents and the region. Resolution No. 2007 — November 20, 2007 Page 5 BE IT FURTHER RESOLVED that the City Council finds that the modification/deletion of a prior mitigation measure placing the 15.08 acre vacant parcel into open space contained in the 1978 Plaza Bonita Environmental Impact Report is supported based on the information contained in the FEIR before the Council in this approval and the following findings: DELETION/MODIFICATION OF PRIOR MITIGATION MEASURE CONTAINED IN 1978 PLAZA BONITA EIR 1. The 1978 Plaza Bonita EIR identified the site as mitigation for the loss of recreational opportunities, due to the loss of the Bonita Golf Course and its replacement by a shopping mall. The golf course, however, was relocated approximately 3-miles east of the site, thus replacing the recreational opportunities. 2. This open space which was a mitigation measure for the loss of open space associated with the Plaza Bonita Shopping Center has not been developed or used for park purposes, nor are there any plans to use this site for the purposes in which the mitigation measure was imposed. 3. Almost thirty (30) years have passed from the time the 1978 Plaza Bonita EIR was adopted containing this mitigation measure. 4. This previously adopted mitigation measure is not feasible, and is impractical and unnecessary, given the relocation of the golf course, the inability to create a recreational opportunity at the site at issue in a timely manner, and the development of the Sweetwater Regional Park, all providing substantial evidence supporting deletion of the mitigation measure. 5. The sale of the open space easement requires that the funds be used for park improvements, thus even if the mitigation were required to be replaced, this is adequate substitute mitigation for the vacation of the open space easement that was identified in the 1978 Plaza Bonita EIR; therefore this modification of the mitigation measure is supported by substantial evidence. BE IT FURTHER RESOLVED that the City Council finds that the proposed amendment is in the public interest and is consistent with General Plan policies based on the following findings: FINDINGS FOR APPROVAL OF THE GENERAL PLAN AMENDMENT AND ZONE CHANGE 1. That the proposed amendment to the Combined General Plan/Zoning Map changing the subject property from Open Space Reserve (OSR) to Commercial General -Planned Development (CG-PD) is consistent with the General Plan, since the proposed 15.08 acre site is a unique City property due to its size, location, and proximity to other commercial properties and major highways, and the proposed Commercial General zoning would be consistent with the Plaza Bonita mall development adjacent to the east and south. Resolution No. 2007 — November 20, 2007 Page 6 2. That the proposed amendment is in the public interest, since it will allow for a commercial development that will be a benefit to the community and meets the goals of the General Plan to expand the amount of retail space in the City. 3. That granting of the General Plan Amendment and Zone Change further enhances the goals of the General Plan to encourage recapturing or surpassing previous levels of sales tax revenues generated in the City in order to provide adequate funding for public programs. 4. That granting of this General Plan Amendment and Zone Change are consistent with all other City plans and ordinances, since the proposed development, carries out the intent of the General Plan and Land Use Code to construct high quality commercial development, while further expanding the goals of providing for recreational opportunities within Sweetwater Regional Park. 5. The proposed amendment is also consistent with the General Plan and Land Use Code because the open space ratios set forth in the General Plan remain exceeded. BE IT FURTHER RESOLVED that the City Council hereby amends the Combined General Plan/Zoning Map from Open Space Reserve (OSR) to General Commercial - Planned Development (CG-PD) as further shown on Exhibit "A", attached hereto. PASSED and ADOPTED this 20th day of November, 2007. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 20, 2007 AGENDA ITEM NO. 29 ITEM TITLE Resolution of the CityCouncil of the Cityof National Cityadopting an Amendment to the General Plan and p 9 Proposed Finding of No Significant Environmental Effect for the 2005-2010 Housing Element Update. Case File No. 2007-33 GP. PREPARED BY DEPARTMENTS Peggy Chapin, Principal Planner x4319 Planning EXPLANATION: Strategic Plan Goal 5B A public hearing for the Housing Element Update is also on this agenda. If approved, the attached Resolution is needed to follow through on that action. Environmental Review Financial Statement Account No. N/A RECOMMENDATION Adopt the attached Resolution rc r BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS Resolution No. Resolution A-200 (9/99) RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND ADOPTING AN AMENDMENT TO THE GENERAL PLAN AND PROPOSED FINDING OF NO SIGNIFICANT ENVIRONMENTAL EFFECT FOR THE 2005-2010 HOUSING ELEMENT UPDATE CASE FILE NO. 2007-33 GP WHEREAS, the City Council adopted Resolution No. 2005-104 authorizing the City to enter into an agreement with P&D Consultants for preparation of an updated Housing Element of the General Plan; and WHEREAS, the consultant has prepared a draft Housing Element in accordance with State Guidelines and the draft Housing Element was reviewed by the State Department of Housing and Community Development; and WHEREAS, the Planning Commission of the City of National City considered a General Plan Amendment for the 2005-2010 Housing Element Update at a duly advertised public hearing held on October 15, 2007, 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. 2007-33 GP 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 the testimony and evidence presented to the City Council at the public hearing held on November 20, 2007, support the following findings: FINDINGS FOR APPROVAL OF THE 2005-2010 HOUSING ELEMENT UPDATE a. The updated Housing Element substantially complies with the provision of Article 10.6 of the California Government Code, including addressing the needs of all income levels and including an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing. b. The updated Housing Element augments the City's General Plan and furthers housing goals such as the preservation of existing residential neighborhoods and the provision of a wide range of housing opportunities. Housing preservation is accomplished by 17 programs such as the Rental Unit Rehabilitation Program for existing rental units, the Housing Rehabilitation program that provides loans for basic home repairs, and the Paint and Tool Loan programs for households in need. Seventeen other programs are intended to provide for a wide range of Resolution No. 2007 — November 20, 2007 Page 2 housing opportunities, such as assisting in the construction of affordable housing, updating City density bonus and second unit provisions, and continued implementation of actions to address fair housing issues. 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 in areas of the City where concentrations of lower income households do not already exist, taking into account the availability of necessary public facilities and infrastructure. d. The amendment to the General Plan, which will update the City's Housing Element consistent with state requirements is in the public interest and is consistent with General Plan policies, since it encourages the creation of home ownership opportunities and since it will increase the potential that the City will meet the state housing production requirements. e. The City has conducted extensive public outreach efforts with regard to the Draft Housing Element, the results of which have been summarized and considered. FINDINGS FOR APPROVAL OF NEGATIVE DECLARATION 1. That the Negative Declaration (2007-33 GP) has been read and considered together with any comments received during the public review process. 2. That based on the whole record including the Initial Study, there is no substantial evidence that the project will have a significant effect on the environment and that the Negative Declaration reflects the City's independent judgment and analysis. BE IT FURTHER RESOLVED that the City Council has considered the proposed Negative Declaration (2007-33 GP) 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 proposed Negative Declaration reflects the City's independent judgment and analysis, and hereby approves of the proposed Negative Declaration. BE IT FURTHER RESOLVED that the City Council hereby approves and adopts the 2005-2010 Housing Element update of the City's General Plan. PASSED and ADOPTED this 20th day of November, 2007. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Della, City Clerk George H. Eiser, III, City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 20, 2007 AGENDA ITEM NO. 30 (---- ITEM TITLE Notice of Decision — Planning Commission Approval of a Planned Development Permit for a Costco Wholesale Facility and a Conditional Use Permit for the Sale of Alcoholic Beverages for Off -site Consumption at the Proposed Costco Wholesale Facility. (Applicant: Costco Corporation) (Case No. PD/CUP-2005-7) PREPARED BY Peggy Chapin,DEPARTMENTS Planning Principal Planner x4319 EXPLANATION: Strategic Plan Goal 2A On October 15, 2007, the Planning Commission considered a proposed 152,120 square foot Costco Wholesale Facility at a 15.08 acre site located within the southeastern portion of the City adjacent to Plaza Bonita Mall. The Planning Commission approved the Planned Development Permit and a Conditional Use Permit permitting the sale of alcoholic beverages for off -site consumption. The attached Background Report fully describes the Planned Development and Conditional Use Permits. A Final Environmental Impact Report (FEIR), Statement of Overriding Consideration, and Mitigation Monitoring and Reporting Program were prepared for the proposed development to satisfy CEQA requirements. In addition, the application requires an amendment to the Combined General Plan /Zoning Map to change the subject parcel from Open Space Reserve (OSR) to Commercial General - Planned Development (CG-PD). Both the FEIR and its related documents and the General Plan Amendment/Zone Change were recommended for approval by Commission. K.._ The Final EIR and its related documents and GPA/ZC were considered by the Council earlier this evening. Environmental Review A Final Environmental Impact Report, Statement of Overriding Consideration, and a Mitigation Monitoring and Reporting Program has been prepared. Financial Statement It is estimated that the roject would generate $1.2 million sales tax (with prop D), and $94,500 in property tax to the City. � 9 �� Account No. RECOMMENDATION Staff recommends Council file the report and accept the Notice of Decision for the Planned Development for Costco Wholesale Facility, and Conditional Use Permit for off -site sale of alcohol. BOARD / COMMISSION RECOMMENDATION The Planning Commission recommended approval of the FEIR, GPA/Zone Change, and approved the Planned Development Permit for the Costco Wholesale project and the Conditional Use Permit for off -site sale of alcohol on October 15, 2007. ATTACHMENTS 1. Background Report 2. Location Map 3. Project Plans Resolution No. 4. Planning Commission Resolution with Mitigation Monitoring and Reporting Program Previously provided Final Environmental Impact Report A-200 (9/80) BACKGROUND REPORT November 20, 2007 CASE NO. PD/CUP-2005-7 1. Project Location and Characteristics The 15.08-acre project site is located in the southeastern portion of the City of National City. The site is bordered to the west by Interstate-805 and the Sweetwater River, to the north by State Route-54, to the northeast by Sweetwater Road, and to the southeast by Plaza Bonita Road. The Plaza Bonita mall is located across Plaza Bonita Road to the east and the Sweetwater River borders the west and southwest portions of the site. The project site is undeveloped and consists of moderately level terrain. Three drainage courses cross the site, primarily from the northeast to the southeast. Several utility easements cross the site, including a 12-foot wide SDG&E easement, 20-foot wide sewer easement; 30- foot wide water easement; and a 15-foot wide easement for water mains, wells and well structures. 2. History In 1978, the County of San Diego accepted an Open Space Easement over this 15.08 parcel for developing recreational and open space uses. The easement was granted in relation to the approval and development of the Plaza Bonita shopping center which necessitated the removal of a golf course. However, the County has not constructed a park on the site and has since approved a vacating the easement in exchange for the value of the open space easement to be used for park improvements within the Sweetwater Regional Park for the benefit of area residents. On May 4, 2004, the Parking Authority adopted Resolution No. 2004-02 to approve an Option to Purchase agreement with the County of San Diego for the purchase of the easement. On October 5, 2004, the City Council initiated a General Plan Amendment/Zone Change from Open Space Reserve to General Commercial/Planned Development to allow for commercial development on the parcel. The application involves a General Plan Amendment and Zone Map change to rezone the 15.08 parcel from Open Space Reserve (OSR) to Commercial General -Planned Development. A zone change is required to allow development of the site. The existing General Plan and Zoning designation for the subject site is categorized as Open Space Reserve (OSR). The Planning Commission recommended approval of the GPA/ZC on October 15, 2007 and the Council conducted a public hearing earlier this evening. As the proposed General Plan Amendment/Zone Change and the Planned Development for the Costco Wholesale facility may cause significant adverse environmental effects, an Environmental Impact Report (EIR) was prepared in accordance with the California Environmental Quality Act (CEQA). The Draft EIR was circulated for public review for a period of 45 days, from March 12, 2007 to April 26, 2007. The Final EIR includes a Mitigation Monitoring and Reporting Program (MMRP) that identifies the environmental impacts and provides measures that will mitigate those impacts and responses to comments received during the public review period. The Planning Commission I of 42 considered the FEIR on October 15, 2007 and recommended approval. The Council conducted a public hearing earlier this evening on the FEIR, MMRP and a Statement of Overriding Consideration for potential impacts to Air Quality and Traffic that cannot be mitigated beyond a level of no significance. 3. Project Description The project applicant proposes to construct a 152,120 square -foot retail warehouse within the southwest portion of the project site. The proposed development would include a 145,704 square -foot retail sales warehouse with a 1,216 square -foot service/concession area along the east side of the building, and a loading dock/receiving area at the south end of the warehouse. The main customer entrance would be located at the northeast comer of the warehouse and a 5,200 square foot tire installation center. Trash compactors and electrical transformers would be located along the south side of the building. An eight -foot high screen wall would surround the trash compactor. In addition to the retail warehouse, the Costco Wholesale project would include a 145-foot by 174-foot fueling center with approximately 16 fueling pumps located at the northeastern corner of the site. Entrance to the fueling center would be one-way, with access taken from Plaza Bonita Road. A total of 758 parking stalls would be provided with 15 parking stalls designated for handicap use. Development of the site would require installing approximately 200,000 cubic yards of fill to raise the site from existing elevations ranging from 25-feet to 40-feet to elevations ranging from 36 to 43 feet. Vehicular access to the site would be provided from three locations along Plaza Bonita Road: a 40-foot wide driveway located at the northeastern portion of the site to serve the gas pumps; a 52-foot wide driveway located on Plaza Bonita Road approximately 400-feet south of the first entrance for general public access; and a 100-foot wide driveway for delivery trucks and employees in the southwestern portion of the property. The Costco Wholesale facility will sell a variety of products similar to other Costco Wholesale stores located throughout the County. The center will operated from 10:00 a.m. to 8:30 p.m. Monday through Friday, 9:30 a.m. to 6:00 p.m. on Saturdays and Sundays. The fueling center would operate from 6:00 a.m. to 9:30 p.m. Monday through Friday and 6:00 a.m. to 8:00p.m. on Saturdays, and 6:00 a.m. to 6:00 p.m. on Sundays. 4. ANALYSIS Planned Development Permit The proposed Planned Development Permit complies with the Land Use Code requirements and incorporates many elements encouraged by City Design Guidelines. The proposed building would be constructed of tan and brown split face block with tan and antique patina wall panels. A red metal band would extend around much of the building perimeter with tan and red accents. The materials proposed are consistent with the Land Use Code Section 18.16.340 which encourages decorative block and an integrated color scheme. Roof equipment would be screened from view by the parapet and screening material. The proposed height of the proposed warehouse and tire center is 37' where the Commercial General zone (Land Use Code Section 18.16.320) has no height restrictions. The proposed parking configuration would exceed the City's standards for parking. The development would provide 758 parking spaces with a majority of the spaces (595 spaces) striped at 10' x 20' exceeding the Land Use standard of 9' x 20'. A total of 15 ADA spaces would be provided. The Land Use Code Section 18.58.290 requires 1 space for every 200 2 of 42 feet of a retail center and 1 space for every 800 feet for auto service facilities. Based on this, the number of spaces required is 729 for the retail use, 12 spaces for the food service, and 7 spaces for the tire center totaling 748 spaces. The conceptual landscape plan reflects a row of 24" box Sycamore trees every 35' along Plaza Bonita Way exceeding the City's "Guidelines for On -Site Landscaping" of one tree every 40' linear feet of frontage. Native plants are proposed along the western edge of the parcel adjacent to the open space area. A plantable keystone wall would be constructed along the west and south west property boundaries. Over 30,000 square feet or 8% of the project site would be landscaped including the frontage, parking lot, and around the building. Native landscaping would be installed along the western and northwestern boundaries of the property line to ensure non-native evasive vegetation does not impact the Sweetwater River. Conditional Use Permit for the Sale of Alcoholic Beverages Section 18.71 of the City's Land Use Code requires approval of a Conditional Use Permit for the sale of alcoholic beverages. The applicant proposes to offer for sale beer, wine, and spirits for off -site consumption. The area identified for alcohol sales is approximately 3,200 square foot located towards the rear of the store. Since, alcohol sales is an accessory use, there are no distance requirements to be considered for the Costco request. The Land Use Code requires that the applicant conduct a community meeting to advise property owners and residents within a radius of 660' of the request to sell alcohol. A community meeting was conducted on November 15, 2006. Notices were sent to 60 residents and property owners. Nine members of the community attended. Costco is a membership facility and requires identification of the member by store personnel when entering the store and prior to leaving the store. The cash register receipt is verified when the member leaves the store and members under the age of 21 are issued a membership card that clearly identifies their age. These procedures control alcohol purchases to underage minors. The Conditions of Approval include standards conditions for alcohol sales and restricts on -site consumption. 5. CONCLUSION Overall the design of the structures, parking lot improvements, and proposed landscaping meet or exceed the City's design guidelines. The request for a Conditional Use Permit to sell alcohol on -site is consistent with the Land Use Code. Alcohol sales are limited to off -site consumption and the sale of alcohol is managed with controlled entrances and exits by Costco staff. Developing the site to provide retail and auto services are consistent with the Economic Development Element of the General Plan. Removal the open space easement and removal of the native vegetation would be mitigated with further development of recreational uses within the Sweetwater Regional Park and replacement of habitat either on -site or through the purchase of off -site mitigation. The Planning Commission considered the Planned Development Permit and Conditional Use Permit applications on October 15, 2007. 3 of 42 ' •. State Route 54 M. 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ACCIECED 10 2 2: S Ey: 54154.54 STA-3 5,13 S•CESS (LE S7kItS I( StA•7,6 .E SAWS" &&& PO or $7.9....S Pis • aro sr or 0.11.00.0 AREA 53 STAS.S ASSAIIPO REQUIRED 00IA0 9(0-1,716 t• .270 C7, 714 37‘,6 71.96 ("En/1117 ACCUSE(' ...SOS 744" rOoP SCRYCE RECUR, • MO" S.. 12174,S • AF,toll4N• COSTCO EIIIIIIKWHOLUALE COSTCO WHOLESALE P,AZA 30N,TA. CA.IFCqNIA CCSCO WHOLE0.AL: C.OPPOATON Ur A 051! Carter:Burgess 03 a," elf AG • n U71 • A EA.*, 07 • COSTCO WHOLESALE CONCEPT FLOOR PLAN 05 NAT!ONAL O: TY. CA,IFORNIA MARCti 36. 2007 24 Jo. ] e . M..IO MIM\.'IC0 4c10[r[1.^03l4+w4 w. IOa[V[Wti *NO p^ ▪ IIYM CCNCEPT FUEL & DELIVERY TRUCK ROUTE • 11* • r� 21 0 • DET4JL SITE CONCEPT GAS STATION PLAN \I rim E,f.•,1, N ♦ • (O ao.w IYLw IOI..KY V a VMMf DI .r oa• 4a0w10 uon.u.rmwu.r uurlwna. •0 i.. •I4:41 0.41 • M4 CO:NCEP' ELEEVAPOP S STACKING PLAN • a w•. worn COYCEMAI SIACIOYG k.FEMic4 C. ._.. _.. S'A 10'N CM'S A ANA Cosrco COSTCO WHOLESALE PLAZA BCNITA CCU CO W-10LEiAL! COPcO?A' Or. Cw;CSi Carter:Burgess •go...1,t. • ua:I.Rarl...Jw 0:3• nwvv Mi a4404 CpnalvAs I•n [}C`i.07 • • ,, I, 1. 1. • SIC/101114 .41011•10.01Mall ••••••• 044 cl•••• ;,-c.1•• STATE ROUTE 54 _ . . '-<•• • ! •;;; , • . , •.% •, •;, \•.‘ • PLAzA wawaP040om' (Yr/ ' SECTION CONCEPTUAL GRADING & DRAINAGE PLAN • :`•••/, • 7 7 IMMINEWHOUNIALE COSTCO WHOLESALE PLAZA BONITA COSTC MOLE SAIE coRpoeAro ca 4 05C3 FUSCOE Carter::Burgess 1 I • • • ,o I • I rvae,,fro., • ,ori ncr's • PAN.... C, 09 C, 0 0 th .Ms* --.• wval 0A� I•ene own,. •r/ -,alt M1I w nwR.w nOr.10•-• SNEE7I'eATER 1%E.R ie Neft/utlCr-r -�� aMCr••,a W / Lp ^per .q" /•II�CI YCC i.RR W. -'11Iwb IupO VM MAX LANDSCAPE CALCULATIONS j T4 .1/1 NAOn..4 hVlll.,w:.'M. •1. W Va^ l l\' .%AI...MIA SAWN ^ Paton VW a^>w1• fl -_fli'.W MP NWF.i.M *R.W'1A\I 1.• IJxf.alYf M:\OOId,trwra I.W.yIYY L%.N.MP•t'UO44. MMa9•..1I..M.t0: ro\.N1ro w.Aarewo xn•n n. K,[?Owyd11.}w M4 vN'ptMe 9.Y IC n COSTCO NATIONAL CITY NOTES I ro.rn wAR MrMmYvrew. 1p.:leMletl.....L. ▪ V.11010.1.20.4 .anmu.d ▪ :': mbo.149 .ale r o xor.+e.a. QII•Y n. .. IannMMowt •� ox.Iw11 a War re ax•orl..\'uuu Abbe. 7faY-Y m IfMa.//.yy�i,a W l, xs W YoaMinoYM T. •a... Y0>•O YN UM. RM Io.,iir4Tla.R • ...kw nflzJ roam MI FMfr nw' Y rCRmJaK..'T➢I.A<ttA le MIMa'V MY Mt a -.MOW I.wlh a WRIT .nMYQll.a,r!(e a JN.>4YNCe9.a NA r•\IA,tl1f a YV 14ra.ID1Al U^WI. ♦,�.W a.IR1,nUlIM A 1LIP> RII? .G.Ma NWe VRT MLA ...tor a.Y4C•RIIIa1p ]xn* 'mu a.•.al.1WNC.YYNUm j` rwv..wmll.ma•exAPIA .c.i 4OYWINIYC.1 a1....I a'ON Y.MY.MYC NAaWe,. .OfM.K1 ,bS W ,1.. OMMCK a4rl1.'Nfrl'.'.. y! N{1T1111F.a{ JNa.11Y3M •tIK4'4 yM 4N•[Ca 4•M:I N�.e[ .1� n: ..y WNl'1:1m. 11 Ra 1.ben Mee IIa.IV >,\\n LYe..d R ..•wrt roc u.aM:w vaCl.eev ..Knwn,Y M.ieG.00OYJ OMWiC-"Q „+II PLAN- MATERIAL LEGEND 0 0 PO 4,'O lot Conopv areas. WINIGMM9l M> 4n404.\ 'sb?NYY Vf'W G.RI T,Kf S'ee' hen. 1x+.'MM9 NO., waw.9U•au ":IMI,YI4alq: ro a J,trail?Mv:l 4,.,LLI?,.b.W 4L ACCenl hee: mb a•, I •n\ bu W'UC 0,100.,LL — Ye Ereveer Screeting e: aaW M.O. la."\•rN A.w e.meC nYCGII.” 1.4M U*M0O•w\rYYI: eNowe•.rq Tome ',set .n9'NWI ..1..1MN raa •;.• aao,v r. YP. T Ir f Screere'Ig 'vcge; L Stniti . MUM Ole ea Mq.Yl4,Y<4h1 s.e.k4Me ICC w Ulf1RK.W Yre41WMt . xa.. LI.G4 >MC. o.11'YII•XG ASWI..C...J.C.Y.V 17.11. 'l brelte JCM eCt.4M ..a1.R,1.Y,ad IYW,4L, exam wx•.... rr • ro-r:n.r+'r.+1' avuan.• Patl^q .c' Sh.Ci. airot L Grcl.rom�m: �L�J x.l ..11a u w, wal la .occa I.OiIYIUI SO 4p11DMVI.CU1... .C,orIc-IM Mary, AAw Wn YION.a•,IA b.•ar. et•I..aA:•Crean.\^, >RT.V ..fl*o:M2 dY1' A4i aM.4NW,IQ +oou41.111 worrl- ,n!N'vinwrl>RaMWR•414,:fiNC 11. •*40 IJ MSAW, €€ C.4TIr1. I.y.I.Y,'d, SAW, IW NMl[aRe Yyy ,h.�•, Va!4eS^r_J•n'1• r.0 Tex.. „.1.�I.A,1. tIb.MC Ye! :KIdVr .OIJ M7..\4ILK WMN WGWInJW0'0..IM •D a.o^.1• ee6.fv 11,0 :0&C PAIN >CY]•F M I.0 teU� s.w•m.•IAa own CO MGM...r• Oil LANDSCAPE CCNCEPT 0LA\ NATIONAL CI-Y, CALIEORN'A ►d1 VAwe. EAST E ..E VA, ION 5. I , 2 • 1 14 2 5 /3T.I u.. SF.1, NM • SP4 P12 MT.1Sri Si.2 Lontio Arta PARTIAL F.:OOP ALAN es 61.2 13 rre NORTH ELEVATION 6 Sr.2 PARTIAL FLOOR PLAN CONCEPT ELEVATION 1 I) 5.1 1 2 SF-2- 54 4.1 t: 55.5 1A,1 :LJ 15 3 5 le.2 SIN 3 le P1.2 CA? 1900.4G) 1 /01,3 ,51.1 3 IS Art.1 2 2 2 , '0 I 2 P1.1 313 41,1 1,2 PT P -1 SF•1 SF.3 gir 3. 0,1 SF 2 SP 3 V-- • Pet CENIEP 1300 WM6 .1 1.1 1111:1 13 17.1 35.2 faC£ ,91193).Al CIILOR Luxe( PRE:910, IVEGRA.:IN.C.11990:I4 NAL f:Ci.39 IA: rCq V 999JE0I 919,99 0.45015(1,91,ED: 49..4. 199 0 :CNC5FrE 399-.11 141 6 )J.16 C00:6I14 4mm ,99 91).l ,r9 DC). wnnz IIXR:A.r-F.D, 11 CcrtelrF 1014 SCE5 .4 sti.l.APJE DI 11 log Ft$5.14,Pm$E:) 5))110.39: i9 99.10.134 LlOoT IS 5039C19.,991)EY30 F hISKS er., 545495 .91.1.4195 POdllt ro 4*101 C./439:1901r 4947 BY 0 1991413 91.2 94101sx9.9 1.6.41^r1/Err.195191.:), (RED) :Al0C191).-1914-, SP.a 94:f 39I ANGELUS 5.3C9 59.1 SKIT FACE BY .9,G9143 fit COIS 1.1919 OW MCI 50, II 9AGE.uS .009 554 • 310.11 NV 5)5.90909 BY LOCK 1,1 V) CIAII.81.9110 VAIL 991.1. 5!9.91. 54.15 COP90194, CM. CC9.C99 A1111Q.E '471.4 447.3 9.91:-1.)C 1994CMIC .0.41. 9'9.(#3 44)44,-a BY PCIA. 9423 C).09. .1911191119111E-A1.PR Id. Arm 54111,11.311 TO MATC• .s.esee wry 663 • 0:057C0 smawnotssous COSTCO WHOLESALE Carter:Burgess P.AZA 30NITA. CALIFCPN A .2,11r 7,1112, • RI`, • COSICO 0/HOLFSALF COPPOPATICN •A•1/ V4•••14 4, CA :2/02 t., Q_3_ # 11. C0i # 01133 5,4 WEST ELEVATION 10' PT4 PARTIAL FLOGZ PLAN MTd SOUTH ELEVATION fia 9fa 'S fin SFS St 4 FA TIAL FLOOR PLAN Ca P,CrC CONCEPT ELEVATION '5 'RASSFCRMER •'CSL_AMYf SF•2 '0 3 PT, PT.' MT-1. 12 P•2 .CAf11Nc A.Ei COSMO E COSTCO WHOLESALE PLAZA SON:TA CALIFOR'n'A COS7C0 VJHOLESALE CORFCR,A1 ON s 053T $ 2' . 3 3r4 .SP.J. ura 1D PT, L: MA.1 .610 I:. FM( 51156. 3RC FACE VOCIRAL C3.nR 4CCl P3E: l0. In'EGRA..CL04Y.0C' META. ?AhE1 IC.LOi fA[Iplr APP.G,^,' AE Il. CAN.), NIE:; PAIMM: V EIA. 9M? CO1r1E:E 15E+C- CA5'FP•.ACECJI,451f ECD.YY+ VFP'4. 3C1..LP:CCP Pl'n1E0 CW1RD.101� 3 METAL CJCR'>AAL SC VFW.IL YRH SCIEEN MnFI!>u!-E01 YEIA: MIL IlO sAMSE:' aSlAGF EXTE'V L. GM t11Tw.E 30Cf'J., sE"J!0 SNE or V Mu.; •0 VA1CN A. `C.a: I.CRT. EfF ET 3? 0 PAM13 Y:t >Nn• TO YMCAW95'.nE, LAMS SA'E't RED,p.1.3, .C:i S". C4A`Jr6L.f:-, 5>.I� FAGEB.LAGE.:16&CC6 5>.3 S.AIE'.SMMN R1' I`ANG L.55L0:65 6'. '11AgY GMT PPE:O 01 R• R13E1..5!LO:N 5F4 .5,CEJYE' ME:.5 OR 5"AN3E1..S ELO:P V'• L 2.00PPYLA`nWAI PAME: !`METAL SALES CJ:LTIoAT CC C:10' A,'CUE %'I.. Y'! P5C{CC Ii3Ci. EC'IAR..rM110110,EPe ME. 'ER: SHES.:C.:a:l All M'J H035AIN 0E'AL NNE. M1N PA Ni f N15N NA3CN •5w•1515A,E, RED' Carter:Burgess 47 ALACl.11FC1M • f K.FFFh•X: • :41'.1043 • MANN', w9:q J.vn:.H, Tf.I Pr. IA'li' t[q RESOLUTION NO. 56-2007 A RESOLUTION OF TIIE PLANNING COMMISSION OF THE CITY OF NATIONAL. C'TIY, CALIFORNIA, APPROVING A (iENERAL PLAN AMENDMENT AND ZONE CHANGE FROM OPEN SPACE RESERVE (OSR) TO COMMERCIAI. GENERAL -PLANNED DEVELOPMENT (CG-PI)), A PLANNED DEVELOPMENT PERMIT TO PERMLT CONSTRUCTION OF A COSTCO WHOLESALE FACILITY, TIRE CENTER, AND FUELING STATION, A FINAL ENVIRONMENTAL IMPACT' REPORT TO ASSESS PROJE('T IMPACTS, DELETEIMODIFY A MITIGATION MEASURE REGARDING OPEN SPACE FOR THE PREVIOUSLY CERTIFIED ENVIRONMENTAL IMPACT REPORT FOR THE PLAZA BONITA MALL, AND A CONDITIONAL USE PERMIT FOR THI.: SALE OF ALCOIIOLIC BEVERAGES ON A 15.08 VACANT PARCEL, ON THE NORTH SIDE, OF PI.A'l,A BONITA ROAD, WEST OF SWEEI'WATER ROAD, AND EAST OF INTERSTATE 805 WITHIN THE OPEN SPACE RESERVE ZONE CASE FILE NO.: GP 2005-4, ZC 2005-3, PD/CUP-2005-7 ENVIRONMENTAL IMPACT REPORT SCIIit 2003111073 WIIEREAS, the Planning Commission of the City of National City considered a General Plan Amendment and rezone to redesignate the 15.08 site from Open Space Reserve (OSR) to Commercial General -Planned Development (CG-PI)), a Planned Development Permit to construct 152,120 square -foot Costco Wholesale facility including a warehouse, sales arca and tood services, tire sales and installation center, 16-pump fueling station, and 758 surface parking stalls, on -site sales of alcoholic beverages, site landscaping, and public roadway improvements on a vacant parcel located on the north side of Plaza Bonita Road, west of Sweetwater Road, and east of Interstate 805 at a duly advertised public hearing held on October 15, 2007, at which time oral and documentary evidence was presented; and, WHEREAS, the Planning Commission of the City of National City considered the Environmental Impact Report, including the comment letters and responses, and considered the environmental impacts of the project disclosed by the environmental impact report; and WHEREAS, a former mitigation measure in the Plaza Bonita Environmental Impact Report was to place the parcel into an open space reserve and create a recreational site or park to minimize the loss of recreational space by the replacement of a golf course with a stropping mall, however, the parcel was never put to such use nor arc there any plans to use the property in such a manner, nor is there any need to use the parcel in such manner, as the open space ratio contained in the general plan remains exceeded even with this land removed from the open 13 of 42 however, the parcel was never put to such use nor are there any plans to use the property in such a manner, nor is there any need to use the parcel in such manner, as the open space ratio contained in the general plan remains exceeded even with this land removed from the open space, and the option agreement with the County of San Diego includes enhancing or expanding the recreational uses provided within the Sweetwater Regional Park; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case Eile Nos. GP 2005-4, ZC 2005-3, PDiCUP 2005-7, which is maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE 11 RESOLVED by the Planning Commission of the City of National City. California, that the testimony and evidence presented to the Planning Commission at the public hearing held on October 15, 2007, support the following findings: FINDINGS FOR APPROVAL OF TIIE GENERAL PLAN AMEMDMENT AND ZONE CHANGE i . That the proposed amendment to the Combined General Plan/Zoning Map changing the subject property from Open Space Reserve (OSR) to Commercial General -Planned Development (('G-PD) is consistent with the General Plan, since the proposed 15.08 acre site is a unique City property due to its size, location, and proximity to other commercial properties and major highways, and the proposed Commercial General zoning would be consistent with the Plaza Bonita mall development adjacent to the east and south. 2. That the proposed amendment is in the public interest, since it will allow for a commercial development that will he a benefit to the community and meets the goals of the General Plan to expand the amount of retail space in the City. 3. That granting of the General Plan Amendment and Zone Change further enhances the goals of the General Plan to encourage recapturing or surpassing previous levels of sales tax revenues generated in the City in order to provide adequate funding for public programs. That granting of this General Plan Amendment and Zone Change are consistent with all other City plans and ordinances, since the proposed development, carries out the intent of the General Plan and Land Use Code to construct high quality commercial development, while further expanding the goals of providing for recreational opportunities within Sweetwater Regional Park. 5. The proposed amendment is also consistent with the (ieneral Plan and band Ilse ('ode because the open space ratios set forth in the General Plan remain exceeded. 2 14 of 42 FINDINGS FOR APPROVAL FOR THE PLANNED DEVELOPMENT PERMIT 1. That the site for the proposed use is adequate in size and shape, since the site can acconunodate the proposed retail development, adequate parking and landscaping which are appropriate for a retail development. 2. 'l'hat 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, and any additional roadway improvements may he accommodated with future improvements with the County through payment of a Traffic Impact Fe;. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the traffic generated by the project can be absorbed by the existing roads in the area, and since the characteristics integrated into the project will allow it to harmonize with the existing surrounding development. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the retail development will provide additional employment and will serve the community's growing demand for retail services. FINDINGS FOR APPROVAL FOR THE CONDITIONAL USE PERMIT 1. That the site for the proposed use is adequate in size and shape, since the sale of beer, wine and distilled spirits would occur within a wholesale retail center that typically engages in the sale of alcoholic beverages. 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, has been considered in the Environmental Impact Report prepared to assess the impacts of the retail development and the sale of alcoholic beverages on site would not increase the proposed retail traffic to the site. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the site is not adjacent to residential uses, is not within a mile of any school, and no consumption of alcohol will occur on store property. 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 Costco Wholesale project. 5. That public convenience and iiw.ssity may he served by the proposed use of the property for the retail sales of alcoholic beverages pursuant to law. 3 15 of 42 RECOMMENDED FINDINGS FOR CERTIFYING THE ENVIRONMENTAL IMPACT REPORT 1. That the Final Environmental Impact Report (FEIR) has been prepared in accordance with the (.'alifornia Envirorunental Quality Act and has been reviewed and considered together with any comments received during the public review process. The FEIR reflects the City's independent judgment and analysis. 2. The Planning Commission has considered the proposed Environmental Impact Report together with any comments received during the public review process and the responses. 3. On the basis of the whole record, including the Initial Study, written comments, and responses, there is substantial evidence that the project will have a significant effect on the cnviromnent. 4. That based on the FEIR and the analysis provided therein, a Mitigation Monitoring and Reporting Program have been prepared that assesses the potential environmental impacts and that the impacts can be mitigated to below a level of significant impact. 5. Based on the EIR, the project may have a significant effect on the environment, and although impacts can be mitigated to below a level of significant impact, a Statement of Overriding Consideration is required for impacts to Air Quality and Traffic. Impacts to Air Quality cannot be mitigated to a below a level of significant impact since the 15.08 parcel was assessed as Open Space and a rezoning to Commercial and development of the site would result in unmitigable impacts. Impacts to traffic cannot be mitigated to below a level of significant impacts because no feasible mitigation has been determined at these locations: a. Bonita Road Segment between Plaza Bonita Road and I-805 (Year 2008 and 2030) b. SR-54 Segment; Plaza Bonita Center Way and Woodman Street (Year 2008 and 2030) c. SR-54/Plaza Bonita Center Way, eastbound ramps (Year 2030) 6. The Mitigation Monitoring and Reporting Program (MMRP) sets forth all significant environmental impacts and the mitigation measures which will avoid or reduce each significant impact to a level of insignificance, with the exception of certain traffic impacts and air quality impacts which are detailed in the environmental impact report as unmitigable. 7. It is recommended that the MMRP be adopted. 8. The mitigation measures set forth in the MMRP are enforceable as conditions of approval of the project. 9. The traffic impact at the intersection of Sweetwater Road and Mesa Vista Way, is both a direct and cumulative impact, for which the applicant has agreed to participate in the County 4 16 of 42 of San Diego "Traffic Impact Fee program to mitigate the impact because the funds from the Traffic hnpact Fee program will be used to fund improvements within this traffic corridor. 10. The alternatives proposed are rejected, as explained in the environmental impact report, because they do not meet the project objectives and neither the lifestyle alternative nor the big box alternative has an overall lesser impact on the environment than the proposed project. 1 1. The Planning Commission, based on the record before it, recommends approval of the proposed Final Environmental Impact Report and Mitigation Monitoring Reporting Program. 12. The 1978 Plaza Bonita EIR identified the site as mitigation for the loss of recreational opportunities, due to the loss of the Bonita Golf Course and its replacement by a shopping mall. The golf course, however, was relocated approximately 3-miles east of the site, thus replacing the recreational opportunities. Moreover, this open space which was a mitigation measure for the loss of open space associated with the Plaza Bonita Shopping Center has not been developed or used for park purposes, nor arc there any plans to use this site for the purposes in which the mitigation measure was imposed. This mitigation measure is infeasible, impractical, and unnecessary, given the relocation of the golf course, the inability to create a recreational opportunity at the site at issue in a timely manner, and the development of the Sweetwater Regional Park. The sale of the open space easement requires that the funds be used for park improvements, thus even if the mitigation were required to he replaced, this is adequate substitute mitigation for the vacation of the open space casement that was identified in the Plaza Bonita FIR (1978). (Laud Use and Zoning Mitigation Monitoring Measure 4.2-1) BE IT FURTHER RESOI,VED that the application for General Plan Amendment and Zone Change, Planned Development Permit, and Conditional Use Permit is approved subject to the following conditions: Building C)eparttnent: 1. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical ('ode, the California Plumbing Code, the 2004 California Electrical Code, and California Title 24 energy and handicapped regulations. 2. Television cable companies shall be notified a minimum of 48 hours prior to tilling of cable trenches. 3. Prior to the issuance of a Certificate of Occupancy, the exterior of all structures and walls shall be treated with graffiti resistant coating in accordance with the manufacturer's recommendations to a minimum height of six feet to the satisfaction of the Director of Building and Safety. The type, manufacture, and application shall he noted on the building plans. 4. The property owner shall be responsible for maintenance of the walls and removal of graffiti. Prior to issuance of a Certificate of Occupancy, the property owner shall identify and provide to the City a contact and phone number of a graffiti retnoval contractor who 5 1"7 of 42 will be responsible to removing any and all graffiti with graffiti cleaner within 24-hours of its observance and/or notification by the City ('ode Enforcement Officer. Fire Department: 5. The project to be designed, developed, and constructed in compliant; with the Calitbmia Fire Code (CFC) 2001 edition or CFC in effect at time of permit issuance and the most current National Fire Protection Association (NFPA) Standards as adopted by the City of National City. Pursuant to the California Fire Code, the applicant shall comply with the following to the satisfaction of the Fire Chief: a. Smoke and heat removal systems will be required. (1'o be in compliance with CFC 8102.7) b. All buildings, with the exception of the fueling station canopy, shall be equipped with an automatic fire sprinkler and fire alarm system, subject to review and approval by the Fire Department. (To he in compliance with CFC 1003, CRC and NFPA 13 2007 edition) c. Fire hydrants, subject to review and approval of the Fire Department, shall be providexl. (Maximum separation distance not to exceed 300 feet) d. Clear access to and from the entry of all structures shall be maintained at all times. Access onto and through the property to have a minimum width of 20 feet with a vertical clearance of 13 feet 6 inches, radius to be 28 feet. (To be in compliance with ('FC 902) e. Fuel tanks to be anchored in place. (To he in compliance with CFC and NFPA 30A 2008 edition) t. Secondary containment of all fuel tanks is required. (To be in compliance with CFC and NFPA 30A 2008 edition) 6. 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. Please note t.hat the above items are based off of a preliminary review of plans submitted. Engineering_ Department 7. The parcel is located within the Federal Flood Plain area. A flood hazard permit shall be obtained frorn the Engineering Department. 8. A Conditional letter of Map Revision (CLORMR) frorn the Federal Emergency Management Agency (FEMA) shall be required. The CLORMR shall be submitted to the City prior to the issuance of a building permit. 9. The applicant may he required to obtain an Encroachment Permit from the California Department of Transportation (CALTRANS). The applicant shall provide adequate documentation prior to grading pennit from Caltrans. 6 18 of 42 10. The Priority Project Applicability checklist for the Standard Urban Stomiwatcr Mitigation Plan (SUSMP) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional urban Runoff Management Program (JURMP) an approved SUSMP will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 11. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 12. All surface run-otTshall be collected by approved drainage facilities and if directed to the street it shall be by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. 13. 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 ('ity's standard requirements by a Registered Civil Engineer. The grading plans shall be consistent with the preliminary conceptual grading. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public stone drain system from the proposed parking lot or development shall he 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 stonnwater 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 Engineering Department. 14. Compliance with the National Pollutant Discharge Elimination System (NPDES) is required for the discharge of storm water runoff associated with construction activity where clearing, grading, and excavation results in a land disturbance.. A construction storinwater permit shall he obtained from the Regional Water Quality Control Board. A copy of the permit shall be provided to the Engineering Department prior to any work beginning on the project. 15. A Notice of Intent (N01) shall he filed with the Regional Water Quality Control Board (RWQCB). 16. Sewer fees and permit will be required. The method of sewage collection and disposal shall be shown on the City approved grading/drainage plan. Any new sewer lateral in the 7 19 of 42 City right-of-way shall be, at a minimum, 6 inches in size with a cleanout. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral, it -applicable. 17. Separate street and sewer plans prepared by Registered Civil Engineer, shall be submitted showing all of the existing and proposed improvements. The plans shall be in accordance with City requirements. Planned improvements along Plaza Bonita Road shall include installation and construction of curb and gutters, three driveways, a four -foot wide sidewalk, and American with Disabilities Act (ADA) compliant pedestrian ramps at all driveway locations. 18. A soils engineering report shall he submitted for the Engineering Department's review, after Planning Conunission 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-34. All soils report findings and recommendations shall be part of the Engineering Department requirements. 19. All existing survey monuments, including any benchmark, within the boundaries of the project shall he shown on the plans. If disturbed, a licensed land surveyor or civil engineer shall restore them alter completion of the work. A Corner Record shall be filed with the County of San Diego Recorder. A copy of the documents filed shall be given to the City of National City Engineering Department as soon as filed. 20. The driveways on Plaza Bonita Road shall be designed and constructed in accordance with the San Diego Regional Standard Drawings G-17 with an alley entrance type driveway with pedestrian ramps to the satisfaction of the City Engineer. 21. Prior to construction, a permit shall he obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading or constnrction on private property. 22. Street improvements shall he in accordance with City Standards to the satisfaction of the City Engineer. Street improvements shall consist of curb, gutter, sidewalks, pedestrian ramps, and street lights fronting the project boundaries and shall extend to the intersection of Plaza Bonita Road and Sweetwater Road. 23. A title report shall he submitted to the Engineering Department, alter the Planning Commission approval, for review of all existing easements and the ownership at the property. All easements shall be shown on the grading plan. 24. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Up to 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 initial deposit amount to 20 of 42 be determined by the City Engineer. The deposit is subject to adjustment according to actual worked hours and consultant services. 25. All project work is required to include the following measures to reduce fugitive dust impacts. All unpaved construction areas shall be sprinkled with water or other acceptable APCD dust -control agents during dust generating activities. Additional watering or acceptable APCD dust -control agents shall he applied during dry weather or windy days until dust emissions are not visible. 26. During construction, excessive fugitive dust emissions shall he continuously controlled during clearing, grading, earth moving, or excavation operations by regular watering or other preventative measures using the following procedures: a. Limit on -site vehicle spexxl to 25 miles per hour. h. Water material excavated or graded sufficiently to prevent excessive amounts of dust; water at Icst twice daily with complete coverage, preferable in the late morning and alter work is one for the day. c. Water or securely cover material transported on -site or off -site sufficiently to prevent generating excessive amounts of dust. d. Prevent visible dust from project emanating beyond the property line, to the maximum extent feasible. e. indicate these above control techniques in project specifications; compliance with the measures will he subject to periodic inspections by the City of National City. f Trucks hauling dirt and debris shall he covered to reduce windblown dust and spills. g. On dry days, dirt or debris spilled onto paved surfaces shall be swept up immediately to reduce resuspcnsion of particulate matter caused by vehicle movement. Approach routes to construction sites shall he cleaned daily of construction -related dirt in dry weather. h. On -site stockpiles of material shall be covered or watered. 27. The property owner shall continue to maintain on -site treatment and source control Rest Management Practices (e.g. underground storage vault, clarifiers, filter, sweeping of impervious surfaces, etc.) for the economic life oldie project. 28. An existing 20-foot wide sewer casement reserved to the City of National City exists on the property. No building shall encroach into the casement. Relocation of the sewer main, easement and maintenance shall be reflected on the plans. This easement dedication will be brought to the City Council for consideration. 29. A minimum 20 foot wide drainage easement shall be granted to the City over new double 12' x 6' box culvert. 9 21 of 42 30. Prior to or in conjunction with grading, the applicant shall vacate the existing 20-foot public utility easement used for sewer infrastructure and relocate portions of any existing 24-inch sewer line to Ole satisfaction of the City Engineer. 31. Prior to or in conjunction with grading, the applicant shall vacate an existing 12-foot wide public utility easement used by San Diego Gas and Electric for 69 KV and 12 KV overhead electrical transmission lines and relocation of the lines underground, along with the dedication of a new easement for these facilities to the satisfaction of the City Engineer and SDG&E. All project plans that would affect SDG&E facilities or easement shall be coordinated with Kathy Babcock of Slxi&E Land Management at the appropriate stages of the development process. 32. Prior to or in conjunction with grading, the applicant shall coordinate with Sweetwater Authority and acquire approval to relocate an existing 18-inch water main on the northeast portion of the project site into Sweetwater Road and Plaza Bonita Road to the satisfaction of the City Engineer and Sweetwater Authority. The onsite easement shall he quitclaimed upon relocation of the water main. Water service to the proposed development shall he obtained from the relocated main. 33. Ozone precursor emissions born construction equipment shall be controlled by maintaining equipment engines in good condition and in proper tune per manufacturer's specifications to the satisfaction of the City Engineer and/or Public Works Director. Compliance with this measure shall he subject to periodic inspections of construction vehicles by the City. 34. All trucks that are to haul excavated or graded material on -site shall comply with State Vehicle Code Section 23114, with special attention 10 Sections 23114(b)(2)(F), (e)(2), and (e)(4) as amended, regarding the prevention of such material spilling onto public streets and roadways to the satisfaction of the City Engineer and/or Public Works Director. 35. The applicant shall routinely inspect and maintain the oil/water and hydrodynamic separator systems at intervals specified by the manufacturer or as necessitated by on -site conditions. 36. Future development shall implement erosion and dust control measures to reduce wind erosion and soil blowing impacts. 'These measures are listed in Section 4.5.4 of the Environmental impact report. 37. Prior to excavation or delivery to the project site, borrow fill material acquired off -site shall be tested consistent with the current County of San Diego Department of Environmental Health Site Assessment and Mitigation Manual to ensure that only "clean fill" material is hauled to and deposited on site. Should undocumented fill materials he encountered during excavation or grading that are suspected to contain hazardous materials (based on composition, odor, and color) work within the area of discovery shall cease. The City shall be notified, and analytical laboratory testing shall be performed. The Soils Engineer shall inspect soil samples, the amount to be determined by the San Diego County Department of Environmental Health, to screen for potential chemicals of concern in accordance with the requirements of the current Departments' Site Assessment and Mitigation Manual. 38. At all time during construction and operation of the proposed project, compliance with existing hazardous materials regulations shall be maintained and enforced. 10 22 of 42 39. In order to reduce the noise impacts of construction equipment within close proximity to adjoining residential areas, noise levels shall not exceed levels identified in National City Municipal Code Chapter 12.10. When any single -piece of stationary construction equipment is positioned within 500 feet of the nearest residence or when two pieces of stationary construction equipment are positioned within 720 feet of the nearest residence, the pennittee shall ensure that an intervening natural or constructed barrier is present interrupting the line of sight between construction equipment and the nearest residence. Where existing topography does not provide such a harrier, then the pennittee shall position a constructed barrier to provide the required interruption.. The constructed barrier may include an enclosure, a trailer with gaps between the trailer bottom and round, blocked by a contiguous, sound deadening barrier (such as a safety barrier section or temporary wall). (Noise Mitigation Measure 4.6-i). 40. During site preparation the existing loose subsurface soil shall be densified through removal and recompaction or ground improvement methods such as vibrocampaction, stone columns, or compaction grouting. A Soils Report shall he submitted for review by the engineering and building departments prior to construction and shall indicate the densification method. Compaction of all borrow material shall occur consistent with design and engineering standards. (Geology and Soils Mitigation Measure 4.8-1) 41. The applicant shall coordinate with Sweetwater Authority to address all comments provided in their letter dated April 25, 2007. In addition the applicant shall comply with the following: a. The applicant shall submit for review and approval of the Sweetwater Authority detailed improvement plans of the proposed fuel tanks. Regulatory design criteria for fuel facilities shall be applied to the proposed project. h_ The applicant shall submit for review and approval of the Sweetwater Authority detailed improvement plans of the leak detection controls, all monitoring systems and reporting procedures. c. The applicant shall submit for review and approval of the Sweetwater Authority detailed plans for the prevention and containment of surface spills. This also includes all monitoring systems and reporting procedures. The design of the facility shall include measures to assure that no surface spills would reach the Lower Sweetwater River. d. The applicant shall submit for review and approval of the Sweetwater Authority detailed grading and improvements plans showing site drainage (above and below ground). Detailed improvements plans for proposed facilities on the project site will be required. Design shall include measures to assure that no drainage from the site would reach the Lower Sweetwater River. c. Copies of tests tirr surface and underground contaminants shall be provided to Sweetwater Aut.hority. Onsitc remediation of any contaminated soils will be performed in compliance with current regulations. Immediate removal of any existing sources of contamination, including contaminated soils, from the site will tt 23 of 42 be required to minimize the washing of any petrochemical containing soils into the Lower Sweetwater River. 1. The applicant shall reimburse Sweetwater Authority for project design valuation costs. The Authority will submit a consultant's proposal for the applicant's review and approval prior to commencing work. 42. Prior to the issuance of building permits, plans showing the following shall he developed in coordination with Sweetwater Authority: a. All domestic and landscape services to include installation of an approved reduced pressure principle backflow assembly; b. Installation of an approved double check detector on all fire services; and c. Internal backflow assemblies must he tested by tested by a certified backflow assembly tester who appears on Sweetwater Authorities list of testers. 43. The applicant shall prepare a Hazardous Materials Business Plan per Chapter 6.95 of the California Health and Safety Code, Division 20 (AB 2185 & AB 2189) for review by the County Department of Health, Ilazardous Materials Division and the City's Fire Chief. The Hazardous Materials Business Plan shall include an Emergency Response Ilan that describes the procedures and equipment for minimizing the potential darnage of a hazardous materials release. 24-hour emergency numbers for Sweetwater Authority shall be noted and included in the Hazardous Materials Business Plan and available to the operator of the service station. 44. Per Sweetwater Authority requirements proposed water facilities shall not be located within three feet of the edge of all driveway aprons. Traffic 1?ngincer Conditions: 45. The applicant shall submit plans for street improvements prepared by a licensed civil engineer for review and approval by the City Engineer. Said street improvements shall consist of the following improvements: a. Right -turn overlap traffic signal phasing shall be provided for the southbound approach at the intersection of Plaza Bonita Center Way and Sweetwater Road for southhound approach.(Transportation Mitigation Measure 4.4-1) b. Right -turn overlap traffic signal phasing shall he provided for the northbound approach at the intersection of Ring Road and Sweetwater Road, for northbound approach. (Transportation Mitigation Measure 4.4-2) c. Install a traffic signal at the intersection of Plaza Bonita Road and the main site driveway for Costco. (Transportation Mitigation Measure 4.4-3) 46. The applicant shall provide a Signing and Striping Plan for Plaza Bonita Road adjacent to the project site. The plan shall be prepared by a licensed civil engineer for review and approval by the City Engineer. The plan shall also show pedestrian upgrades at the intersection of Plaza Bonita Road and Sweetwater Road. The following upgrades shall be installed by the applicant at this intersection: 12 24 of 42 a. Two new pedestrian ramps, pedestrian push buttons and pedestrian signal heads at the northwest and southwest corners of the intersection to provide pedestrian access across the west leg of the intersection. b. One crosswalk, striped in thermoplastic material, for the west leg of the intersection. c. All pedestrian improvements shall meet the latest ADA standards and be designed to the satisfaction of the City Engineer. 47. Prior to building permit issuance, the applicant shall provide written evidence that the County of San Diego Traffic Impact Fee requirements have been satisfied. 48. The applicant shall install two bus stop shelters consistent with MTS standards along the north and south sides of Sweetwater Road (one on the north side and one on the south side) to provide for adequate shelter for employees and customers. Public Works Department 49. The developer shall be required to ensure adequate street lights are installed adjacent to the project in accordance with City standards on Plaza Bonita Road to assure pedestrian safety at night. 50. The property owner shall maintain access to the City of San Diego for the ADS sewer meter located in the 3000 block of Plaza Bonita Road and Sweetwater Road, 150' from the southwest corner. 51. The property owner shall maintain or replace the landscaping and irrigation installed along the frontage of the property consistent with City -approved landscape and irrigation plans. Planning Department: 52. The Planned Development shall not be effective, and building permits shall not he issued until the zone designation affecting the property is amended to Commercial-General- i'lanned Development (('(.i-PD). 53. The Mitigation and Monitoring Reporting Program shall he revised to be consistent with the conditions contained in the adopted resolution prior to the certifying the FEIR. 54. The 1978 Plaza Bonita Shopping Center EIR references preservation of the proposed Costco site as open space mitigation for the Plaza Bonita Shopping Center. Since additional mitigation measures have been incorporated into this project to mitigate the loss of open space, the City shall modify the Plaza Bonita Shopping Center FIR to accurately reflect this change. (Land Use and Zoning Mitigation Monitoring Measure 4.2- 1) 55. Prior to the issuance of any grading permits, the ('ounty of San Diego shall vacate the Open Space Easement in accordance with agreement for off -site improvements within the County's Sweetwater Regional Park. (Land Use and Zoning Mitigation Monitoring Measure 4.2-2) 56. The site plan and grading plans shall indicate the location of the existing Sweetwater Regional bicycle trail and the proposed location and improvements. The improvements shall he consistent with the Sweetwater Regional Park trail standards. 13 25 ot 42 57. The building plans shall indicate a pre -finished metal siding, concrete masonry block, and steel awnings or canopies with a red horizontal strip around the entire exterior approximately 20 feet above the finish floor elevation and consistent with the elevation plans dated March 9, 2007. 58. The sitc plans shall indicate the location of 18 light poles, four light poles surrounding the fueling station area, eight light poles surrounding the proposed warehouse, and six light poles to provide iilurnination of the surface parking area. All light standards shall be shielded from view to restrict light falling on the adjacent properties and to the open space preserve areas. An illumination study providing illumination, light standard design, shielding, location of the standards and type of illumination shall be provided with the building plans. The proposed lighting shall he consistent with Chapter 18.60.010 and 18.102.240 of the City's Land Use Code. 59. All roof equipment shall be screened from view to the satisfaction of the Planning Director. The Building Plans shall indicate methods of screening, color/painting of mechanical equipment, screening method that reduce and/or minimize visual impacts of mechanical equipment installed on the roof. A line of site study shall be provided that reflects the height of the mechanical equipment and parapet wall height in relation to the surrounding residential properties. 60. The applicant shall provide a plan for securing or restricting the removal of shopping carts and flat-bed carts from the project site to the satisfaction of the Planning Director. 61. The applicant shall mitigate for impacts to 1.53 acres of degraded riparian scrub through (1) the purchase of 1.53 acres of riparian senib at an approved mitigation hank or (2) restoration of 1.53 acres of riparian scrub on site; or (3) a combination of purchased riparian scrub at an approved mitigation bank and onsite restoration totaling 1.53 acres. Mitigation shall consist of the purchase and dedication of land containing riparian and wetland habitat for conservation purposes in the replacement ratio of 1:1. In the event that on -site mitigation is sought, a 5-year I labitat Mitigation and Monitoring Plan, which would include quarterly monitoring and annual reporting must he submitted to the Planning Director and California Department of Fish and Game. Evident of approval of the Plan, such as an executed Section 1602 Streambed Alteration Agreement, by the California Department of Fish and Game must be provided to the Planning Director prior to project implementation. (Biological Resources Mitigation Measure 4. 1 2-1) 62. The applicant shall (1) purchase 0.53 acres of California Coastal sage scrub in an approved mitigation bank; or (2) restore 0.53 acres of coastal sage scrub onsite; or (3) purchase California Coastal sage scrub habitat at an approved mitigation bank and restore coastal sage scrub habitat onsite totaling 0.53 acres. Mitigation shall consist of the purchase and dedication of land containing riparian and wetland habitat for conservation purposes in the replacement ratio of 1:1. in the event that on -site mitigation is sought, a 5- year IIabitat Mitigation and Monitoring Plan, which would include quarterly monitoring and annual reporting must be submitted to the Department of Fish and Game for review and approval. (Biological Resources Mitigation Measure 4.12-I(a)) 14 26 of 42 63. The applicant shall purchase mitigation credits for the replacement of 1.25 acres of Army Corps of Engineers and the Regional Water Quality Control Board jurisdictional wetlands through (1) the purchase of 1.25 acres of Corps and R WQB jurisdictional wetlands at an approved mitigation bank; or (2) restoration of 1.25 acres of Corps jurisdictional wetlands onsite; or (3) a combination of purchased Corps and RWQCB jurisdictional wetlands at an approved mitigation bank, and restoration of Corps jurisdictional wetlands onsite, totaling 1.25 acres. Mitigation shall consist of the purchase and dedication of land containing riparian and wetland habitat for conservation purposes in the replacement ratio of 1:1. In the event that on -site mitigation is sought, a 5-year Habitat Mitigation and Monitoring Plan, which would include quarterly monitoring and annual reporting must be submitted to the U.S. Army Corps of Engineers. Evidence of approval of the Plan, such as . an executed Section 404 Permit, by the U.S. Army Corps of Engineers must be provided to the Planning Director prior to project implementation. (Biological Resources Mitigation Measure 4.12-2) 64. The applicant shall purchase mitigation credits for the replacement of 1.87 acres of California Department of Fish and (lame jurisdiction through the (1) purchase of 1.87 acres of CDFG jurisdictional wetland/riparian habitat at an approved mitigation bank; or (2) the restoration of 1.87 acres of CDFG jurisdictional wetland/riparian habitat onsitc; or (3) a combination of purchased CDFG wetland/riparian habitat at an approved mitigation hank, and restoration of CDFG jurisdictional wetland/riparian habitat onsite, totaling 1.87 acres. Mitigation shall consist of the purchase and dedication of land containing riparian and wetland habitat for conservation purposes in the replacement ratio of 1:1. In the event that on -site mitigation is sought, a 5-year Ilabitat Mitigation and Monitoring Plan, which would include quarterly monitoring and annual reporting must he submitted to the Department of Fish and Game for review and approval. Evidence; of approval of the Plan, such as an executed Section 1602 Streambed Alteration Agreement, by the CDFG must be provided to the Planning Director prior to project implementation. Purchase or onsite restoration of these 1.87 acres of wetland and riparian habitat will also satisfy Mitigation Measures 4.12-1 & 4.12-2 (Biological Resources Mitigation Measure 4.12-3) 65. If vegetation removal activities are to he conducted during the recognized avian breeding season, -February 15 through September 15, pre -construction surveys must be conducted by a qualified biologist within the project's area to determine if there are active nests. However, because raptors have been known to nest as early as January 1, a pre - construction survey for raptors only must he conducted by a qualified biologist within the project's area if vegetation removal activities are to he conducted between January 1 and February 14. If an active avian nest is observed, a buffer of 500' for raptors and 100' for non -raptors shall be established between vegetation removal activities and the nest so that nesting activities are not interrupted. The buffer shall be in effect as long a vegetation removal is occurring and until the nest is no longer active. Written confirmation from the biologist certifying that there arc no active nests must he provided to the Planning Department prior to commencing grading activities. (Biological Resources Mitigation Measure 4.12-4) 66. A monitoring biologist will be on site during the initial clearing and grubbing of the coastal sage scrub. The biologist will be knowledgeable of gnatcatchcr biology and 15 27 of 42 ecology. if impacts to coastal sage scrub are to occur during gnatcatcher breeding season, a minimum of three focuses surveys will be performed on separate days to determine the presence of gnatcatchers, nest building activities, egg incubation, or brood rearing activities within 100 feet of any project -related constriction activities. Should breeding gnatcatchers be observed on -site, all activities will cease and the U.S. Fish & Wildlife Service and the California Department of Fish and Game will be notified. The applicant will not conduct work within 500 feet of any active raptor nest and will not conduct any activities that are inconsistent with the Federal Migratory Bird 'Treaty Act. (Biological Resource Mitigation Measure 4.12.5) 67. A monitoring biologist will monitor the site at least eight times during the first two years of operation to identify the use of predator perches introduced by the project. Should predator perches be observed on buildings, signage, lighting fixtures, or landscaping, the biologist will notify the applicant and prepare measures to prevent or minimize perching. (Biological Resource Mitigation Measure 4.12.6) 68. Prior to construction, the applicant shall provide documentation to the Planning Director that permits have been obtained from the Army Corp of Engineers for a 404 Permit, from the RWQ('B for a Section 401 Permit, and from the CDF&G for a Section 1602 Permit. ((Biological Resource Mitigation Measure 4.12.7) 69. A certified archaeologist with knowledge in cultural resources shall monitor the site during ground disturbing activities to ensure that there is no indication of cultural resources present. The project archaeologist shall provide to the City Planning Department prior to issuance of a grading plan, a mitigation plan providing for - disposition of recovered artifacts and consultation with culturally affiliated Native Americans prior to grading. A report from the archaeologist shall be provided to the city Planning Department regarding the presence/absence of cultural resources upon completion of grading documenting resources and disposition of any cultural resources retrieved during grading. (Cultural Resources Mitigation Measure 4.13-1) 70. Should human remains be discovered during project construction, the County Coroner shall be immediately notified. Should the identified human remains he determined to be prehistoric, the Coroner shall notify the Native American Heritage Commission, which will determine and notify a Most Likely Descendent (MLD). The MLD shall complete the inspection of the site within 24 ours of notification, and may reconunend a scientific removal and nondestructive analysis of human remains and items associated with Native American burials. (Cultural Resources Mitigation Measure 4.13-2) 71. Any and all trash enclosures or trash compactors serving the site shall be screened from view with a screen block wall consistent with the huilding wall material in accordance with City standards. 72. This Conditional tJse Permit authorizes the sale of alcohol within an approximate area of 3,2()0 square feet. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, March 9, 2007. 16 28 of 42 73. Permittce shall comply with all regulatory provisions of the Business and Professions Code, Section 25600 through 25667, currently in effect or as may he amended, regarding sales, displays and marketing or merchandising of alcoholic beverages. 74. There shall be no sale of beer, wine or distilled spirits other than during posted business hours. The pernrittec shall comply with the following: a. Permanent outdoor signs related to the sale of alcoholic beverages shall be prohibited. b. The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around the subject premises. c. The sale of wine with an alcoholic content greater than 20% by volume is prohibited. d. The applicant shall satisfy all necessary requirements of the State Department of Alcoholic Beverage Control (ABC) prior to this Conditional Use Permit becoming effective. e. 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 Ofticcr of the California Department of Alcoholic Beverage Control upon demand. The sale of alcoholic beverages shall occur during the regular operating hours for the Costco facility. Sales of single unit cans of premixed distilled spirits are prohibited. Premixed distilled spirits must be sold in quantities of at least six to a pack. Landscape and Irrigation: 75. Prior to issuance of a grading permit, the applicant shall submit two copies of a landscape and automatic irrigation plan to the Planning Department for review and approval. The landscape and irrigation plan shall indicate plant species and plant material sizes, and plant material and irrigation within the cells of the plantable wall located along the south and southwest property lines. The landscape plan shall be consistent with the approved concept plan dated March 9, 2007. The plant species shall consist of a minimum of one -gallon fast growing vines provided with a drip irrigation system. A row of fast growing shrubs or vines, preferable with thorns, a minimum of 5-gallon in size planted every six -feet, shall be installed at the base of the wall. The vegetation along the wall should be selected and planted so that it will discourage the incidence of graffiti and climbing on the wall and to screen the parking lot. 76. The landscape and irrigation plans shall be routed for review to Jennifer I laines, County of San Diego, Department of Parks and Recreation. g. 17 29 of 42 General: 77. Before this Planned Development Permit/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 Fonn within 30 days of its receipt shall automatically temminate the Planned Development Permit 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 lees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Coastal 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. 78. All provisions and statements in the Project Plans dated March 9, 2007 submitted by Costco Wholesale shall he binding with regard to all currently proposed and future uses, activities, and development within the project site, except as modified by Conditions of Approval. Future development plans shall substantially conform to site plans and elevations shown in Exhibit A, dated March 9, 2007, Case File GP2005-4, %C 2005-3, PDA.1 J1 2005-7, unless authorized by and amendment to the Plaru►ed Development. 79. Within tour (4) days of final approval and exhaustion of all appeals and legal actions, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, 'Title 14, Section 753.5, the applicant shall pay all necessary environmental tiling fees for the San Diego County Clerk. Checks shall he made payable to the County Clerk and submitted to the National City Planning Department. 80. Approval of the Planned Development Permit and Conditional Use Permit expires one (1) year after adoption of the resolution of approval at 5:30 p.m. unless prior to that date a request for a time extension has been filed as provided by National City Municipal Code Section 18.116.190. 81. Owner/Developer shall defend, indemnify, protect, and hold harmless the City and/or the Parking Authority, and any of its agencies, departments, officers, officials, employees, or agents, from any and all claims, actions, suits, proceedings, liabilities, or judgments, including an award of attorney's tees or costs, against the City and/or the Parking Authority, or any of its agencies, departments, officers, officials, employees, or agents, to attack, set aside, void, or annul, any approval of the City, or its agencies, departments, advisory agencies, appeal board, or legislative body, concerning the project and the approvals and entitlements granted herein. Owner/Developer shall defend, indemnify, protect, and hold harmless the City and/or the Parking Authority, and any of its agencies, departments, officers, officials, employees, or agents, from any and all claims, actions, suits, proceedings, and judgments, including an award of attorney's fees or costs, against the City and/or the Parking Authority, or any of its agencies, departments, officers, officials, employees, or agents, arising from 18 30 of 42 challenges to any related environmental determination, document or approval, including the Final Environmental impact Report for the National City (.'ostco Wholesale Project, SCI I 112003111073 and subsequent environmental review for the project. Furthermore, Owner/Developer shall indemnity, protect, defend, and hold harmless the City and/or the Parking Authority, and its agencies, departments, officers, officials, employees, or agents against any and all claims, actions, suits, proceedings, or judgments against another governmental entity in which Owner's/Developer's project is subject to that other governmental entity's approval and a condition of such approval is that the City indemnify and defend such governmental entity. BE I1' FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Conunission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of October 15, 2007, by the following vote: AYES: Alvarado, Kara, Pruitt, Flores, Reynolds, DeLaPaz NAYS: ABSENT: Carrillo ABSTAIN: CHAIRWOMAN 19 31 of 42 NATIONAL CITY COSTCO WHOLESALE PROJECT MITIGATION MONITORING AND REPORTING PROGRAM TIIE PURPOSE OF MONITORING When a lead agency approves a project, it is doing so with a fully disclosed understanding of the project's im- pacts. Each lead agency has an obligation to adopt feasible mitigation measures and impose standard conditions ensuring that a project's environmental effects are reduced, avoided, or eliminated except in those cases where statements of overriding consideration have been adopted. The Environmental Impact Report for the Na- tional City C'ostco Wholesale project identities a number of potentially significant adverse environmental im- pacts which may occur if the project is approved and developed. A number of measures are recommended for each of the identified significant adverse impacts to mitigate those effects. In addition, if the proposed project were approved, requirements enacted by ordinance or policy arc imfxtsec} by National city widother regulatory agencies. Mitigation measures are adopted by the City of National City in through certification of the Final FIR. Standard conditions are imposed at the various entitlement approvals and permit issuance stages in the devel- opment process. Section 21081.( of the Public Resources Code, the California Environmental Quality Act, requires a public agency to adopt a monitoring and reporting program assessing and ensuring the implementation of required standard conditions and mitigation measures applied to proposed developments. Specific reporting and monitor- ing requirements enforced during project initiation, implementation, and ongoing operation are adopted coinci- dental to final approval of the project by the lead agency and subsequent responsible agencies. The mitigation monitoring and reporting program is divided into two sections: Standard Conditions and Mitiga- tion Measures. Each potentially significant environmental impact is identified in either Table 10-1: Recom- mended Conditions beginning on page 2, or Table 10-2: Mitigation Monitoring and Reporting Program begin- ning on page 5. RI':('O11MMENDED CONDITIONS Recommended conditions are requirements, usually administered with defined parameters of administrative dis- cretion, that are imposed on projects at either the entitlement stage or when a permit is issued. For Costco Wholesale, recommended conditions are first imposed by the City of National City (lead agency). and are also imposed by each of the Responsible Agencies identified in Chapter 2.0 of the Environmental impact Report. Sometimes a recommended condition imposed by a Responsible Agency may tie back to National (.'ity ensuring successful accomplishment before the next stage in the site development process proceeds. Recommended conditions are written to be either time specific or quantifiable. This milestone helps the permit holder and various agencies to understand what nerds to be completed by a certain deadline or whether a standard condition is ongoing during the operational life of the site. Clearly written and defined recommended conditions not only mitigate some of the potentially significant environmental effects, but also provide assurances to the permit holder and various agencies that all parties to this project understand what is cxfxected and when it is required to be completed. Time Specific conditions may have an established date by which it must be completed. The date may be a reference to a point in the permitting process. A condition that must be continuously monitored or reported is also a time specific condition. "Prior to May I, 2007, the permit holder shall...", "Prior to the issuance of any building or grading permits, the permit holder shall...", and "At no time shall the permit holder permit. _" are examples of time specific conditions. National CigL.os io Y!I Wlesale Mitigation Monitoring and Reporting Program • November 2007 Page t 11- r 'Pr-' Section 10.0 ,Mitigation Monitoring Program (continued) Quantifiable conditions are those conditions for which a measurable standard has been imposed. This metric allows the: agency responsible for monitoring and reporting to empirically determine whether the permit holder is in compliance with the requirement. "Sound levels measured at the edge of pavement on SR-54 shall be no more than...", "The permit holder shall plant 17...", and "'lire maximum number of..." are all examples of quantifiable conditions. Sometimes a recommended condition may be a combination of both time specific and quantifiable requirements "Prior to the issuance of a building permit, the applicant shall plant 17 trees" is an example of a recommendation that is loth time specific --the building permit cannot be issued until successful completion — and quantifiable— there is a specified number of trees to be planted. Table I is read across each row with the following meanings: 1. Significant Effect is a summary of the identified potentially significant impact, if any. 2. Recommended Condition is the recommended language from the Environmental Impact Report. 3. "Q/T" defines whether the condition is Quantifiable, Time Specific, or Both (refer to footnote 1 fix fur- ther explanation). 4. 'Tine Frame indicates at which time a specific condition must be successfully accomplished. Footnotes are printed at the end of the table on page 5. TABLE 10-1: RECOMMENDED CONDITIONS Significant Effect Recommended Condition DR Time Frame2 Section numbers refer to the Section within Chapter 4.0 of the Environmental Impact Report. 4.2 Lartd UJse and Zoning - ,, - _ _ The subject property is encumbered with an Open Space Casement (OSE) Recommended Condition 4.2-1: language in the 1978 Plaza Bonita Shopping Center EIR that references preservation of the proposed Custco site as open space mitigation for the Plaza Bonita Shopping Center will be deleted or modified. Recommended Condition 4.2-2: Prior to the issuance of any grading permits, the County of San Diego shall vacate the Open Space Easement. t Process: Prior to grading permit issuance 4.3 Aesthetics - . No significant effects identified Norte required WA Not applicable 4.4 TrantPOilativn and Gir0140irm , .. - . No significant effects beatified I None required I N/A ' Not applicable NationalCitwcivio lydesatc Mitigation Monitoring and Reporting Program November 2007 Page 2 Section 10.0 Mitigation .Monitoring Program (continued) Significant Effect 4i.5Alf Qttailijr -.. , Recommended Condit;on•me Franc` ,- .::. .., .... _ Construction activities would contribute potentially significant amounts of fugitive Mist into the atmosphere. Recommended Condition 4.5-1: Exces- sive fugitive dust emissions shaft be continuously controlled during clearing, grading, earth moving, or excavation operations by regular watering or other preventative measures using the Sol lowing procedures: • Limit un-site vehicle speed to 25 miles per hour, and • Water material excavated or graded sufficiently to prevent ex- cessive amounts of dust; water at least twice daily with complete coverage, preferably in the tate morning and after work is done for the day; and • Water or securely cover material transported on -site or off -site suf- ficiently to prevent generating ex ces.sive amounts of dust; and • Prevent visible dust from the pro- ject from emanating beyond the properly line, to the maximum ex- tent feasible; and • indicate these above control tech- niques in project specifications; compliance with the measures will be subject to periodic site inspect lions by the City of National City. B Project construction Construction activities may result in ozone emissions to be released into the atmos- phere from construction equipment. Recommended Condition 4.5-2: Ozone precursor emissions from construction equipment shall be controlled by main- taining equipment engines in good condition and in proper tune per manu- facturer's specifications, to the satis- faction of the City Engineer. Compli- ance with this measure shall be subject to periodic inspections of construction equipment vehicles by the City. R Project construction Construction activities may result in fugitive dust in the atmosphere. Recommended Condition 4.5-3: All trucks Ural are to haul excavated or graded material on -site shall comply with State vehicle Code Section 23114. with spe- cial attention to Sections 23114(b)(F), (e)(2), and (e)(4) as amended, regard- ing the prevention of such material spilling onto public streets and road- ways. t) Project construction National Cigy,'o io lXlwlesale Mitigation Monitoring and Reporting Program: November 2007 Page Section 10.0 41itigution Monitoring Program (continued) Significant Effect 4.6_Ncvse :: • I Recommended Condition Q? ! Time Frame` -. . Operational noise will result from on -site mechanical equipment Recommended Condition 4.6-1: An eight- foot high screen fence surrounding the trash compactor would provide a visual barrier and noise attenuation. T Prior to certificate of occu- pancy 4.711ydcology and Water -Quality Construction activities and operation of the proposed National City Costco Wholesale have the project potential to generate wastewater and stormwater runoff pollutants that may impact stormwater quality. Recommended Condition 4.7-1: The applicant will routinely inspect and rtain the oil/water and hydrodynamic separator systems at intervals specified by the manufacturer or as necessitated by on -site conditions. T Project ()oration 4:8; Geoieigy and Soft$ The proposed project would be subject to minor impacts caused by wind erosion and soil blowing. Recommended Condition 4.8-1: Future development shall implement erosion and dust control measures to reduce wind erosion and soil blowing impacts. These measures are listed in Section 4.5.4 of this EIR. T Project Duration Underground storage tanks (UST) are sub- ject to disruption by geologic and/or seismic events Recommended Condition 4.8-2: Settle- meet monitoring for the fueling center foundation infrastructure is recom- mended prior 10 construction. 1 Prior to Construction 4.9::Palkservides • • No significant effects identified. None required N/A Not Applicable. 4:. Utili •10ties • As noted in section 4-7 of this table, impte• mentation of the proposed project could generate stormwater pollutants that may degrade stonmwater quality aril impact downstrearn resources Recommended Condition 4.10-1: The City of National City will define maintenance requirements for the oil/water and hydro - dynamic separators consistent with regu- latory requirements and manufacturers specifications. N/A Prior to certificate of necu- pancy 4.11NazardsMd, _ Flazardous Material __ • It fill material is not checked for contamina- tion, there is risk of moving hazardous ma- terials from one location to the project site Recommended Condition 4.11-1: Should undocumented fin materials be encoun- tered during excavation or grading that are suspected to contain hazardous materials (based ore composition, odor, and color), work in the area of discov- ery shall cease, the City shall be noti- fied, and analytical Laboratory testing shall be performed. Testing of suspect soil samples shall include a number of samples determined to be adequate by the San Diego County Department of Environmental Health to screen for po- tential chemicals of concern in accor- dance with the requirements of the cur- rent Department's Site Assessment and Mitigation Manual. Recommended Condition 4.11-2: Prior to excavation or delivery to the project site, borrow fill material acquired off - site shall be tested consistent with the current County of San Diego Depart- T T During Construction I'rior to site excavation Poanonal ('il r(:oolgn i /eilasalc Mitigation Monitoring and Reporting Program: November 2007 Page 4 Section /0.0 Mitigation Monitoring Program (continued) Significant Effect ment of Environmental Health Site As- sessment and Mitigation Manual to en- sure that only "clean fill" material is hauled to and deposited on -site. Actions to ensure no new contamination is generated during construction and ongoing operations Recommended Condition 4.11-3: At all timers during construction and opera- tion of the proposed project, compli- ance with existing hazardous materials regulations shall be maintained and en- forced. T Protect duration 4-12 Biological 1lesitiucr The proposed project would result in signifi- cant impacts to the southern riparian scrub and jurisdictional wetlands. Vegetated ripar- ian habitat will be permanently removed. None required NIA Not applicable 4-13 Cultural Resources - Sce Table 10-2 t4 RecipOon, Resources. No significant effects identified None required nua Not applicable Quantifiable. The mitigation measure has a measurable result that must be successful) Q - Q F,• y adricvel prior to its bang consid<-mi accomplished. "f Time Specific. The mitigation measure must he successfully completed by a specific time in the process or established date prior to being considered accomplished. d. 11 - Quantifiable and time specific NIA Not Applicable. "Ongoing" mans that the permit holder must always ensure compliance dunng ttre ongoing operation of the prolot. "Dur:unni - means that the permit holder must ensure compliance during the duration of the site development and construction phases of the p oject 10.1. MITIGATION MEASURES Mitigation measures are enumerated in the Environmental Impact Report to reduce or avoid the potentially sig- nificant adverse impacts. The lead agency and responsible agencies are required to implement each feasible initigation measure. Table 10-2 reads in a similar manner to Table 10-1. 'fable 10-2 is read across each row with the following meanings: 1. Significant FjJect is a sununary of the identified potentially significant impact, if any. 2. Mitigation Measure is the recommended language from the Environmental Impact Repro. 3. Responsibility defines which party or agency is responsible for implementing the measure. 4. "Q/T" defines whether the condition is Quantifiable, Time Specific, or Both (refer to footnote I for fur- ther explanation). 5. Time Frame indicates at which time a mitigation measure must be successfully accomplished. 6. Monitoring/Reporting identifies the Party responsible fire the monitoring and reporting- 'This is the agency with responsibility and authority to enforce the mitigation measure. TABLE 10-2: MITIGATION MONITORING AND REPORTING PROGRAM Significant Effect M.f.ya::en Measure Section numbers refer to the Section within Chapter 4-0 of the Environmental Impact Report. Te F 'ame` 4.2 Land. Use opaZoning No significant effects identified None required N/A Not applicrthte 4.3 Aesthetics • National Citi6(:o t o 11,1y/emit,' Mitigation Monitoring and Reporting Program • A'ovember 2007 Page 5 Section 10 0 Mitigation Monitoring Program (continued) Significant Effect No significant effects identified Mitigation Measure Nora: required arr. Time Frame` N/A Not applicable 4 4 Traffic and CirrulUtron Implementation of the proposed projewt would result in the intersection of Plaza Bonita Center Way and Sweetwater Road to operate under unacceptable conditions. Mitigation Measure 4.4-1: Hight -turn overlap signal phasing shall be provided to the traffic signal at the intersection of Plaza Bonita Center Way and Sweetwater Road for southbound approaches under 2008 conditions. T Prior to certificate of ocnr- PancY Implementation of the proposed project would result in the intersection of Ring Road and Sweetwater Road to operate under unacceptable conditions. Mitigation Measure 4.4-2: Right -turn overlap signal phasing stall be provided at the intersection of Ring Road and Sweetwater Road for northbound approaches under 2030 conditions. T Prior to buikiout (2030) conditions. Applicant may be required to make a fair share contribution prior to building permit issuance. Mitigation Measure 4.4-3: Install a traffic signal at the intersection of Plaza Bonita Road and the main site driveway in 2008. Prior to certificate of occu- pancy 4:5Air ffuaiity, Inconsistency with San Diego APCD Re- gional Air Quality Strategy No mitigation available N/A Not applicable 4-q;None Ongoing or long use of cxxrstruction equip- ment within close proximity to adjoining residential areas has the potential to ad- versely affect residential populations. Mitigation Measure 4.6-1: When any single piece of stationary constructin equip- ment is positioned within 500 feet of the nearest residence, or when tau pieces of stationary construction equipment are positioned within 720 feet of the nearest residences, the Permit Flakier shall en- sure that an intervening natural ur con- structed barrier is present interrupting the line of sight between construction equipment and the nearest residences. Where existing topography does not provide such a barrier, the Permit Holder shall position a constructed bar- rier to provide the required interruption. The constricted barrier may include an enclosure, a trailer with gaps between the trailer bottom and ground blocked by a contiguous, sound deadening barrier (such as a safety barrier section or tem- porary wall). T During Construction 4.7 Hydrology an`d Water No significant effects identified None required N/A Not applicable 4.8 Geology and Soils,,, Without proper foundation design, struc- tures located on or above potentially liquefi- able soil are subject to lateral spreading during seismic activity, and could experi- ence settling and foss of foundation support. Mitigation Measure 4.8-1: Liquefaction impacts can be mitigated during site preparation by densifying the existing case subsurface soil tlirough removal and rerxxnpaction or grand improvement methods such as vihrorxnnpacti n, stone orator -Tins or nompaction grouting. These methods are commonly used to mitigate these types of conditions in ttie San Diego area. Compaction of all borrow material will occur consistent with design and engineering standards. T Prior to grading permit issu- ance National Citfacy a nolcsale Mitigation Monitoring and Reporting Program: November 2007 Page 6 Section 10.0 Mitigation Monitoring Program (continued) Significant Effect ;i;t,tio '.tcas..re C_ m r —9' 4-9 Public Services No significant effects ide�rntified None required N/A Not applicable tlti tics .. ., No significant effects identified None required N/A Not applicable 4:1 f (iiiiids and Haii rd s eilatedaJs No significant effects identified None required WA Not applicable • 4:12 0140494CA I Resorrces Biological resources will be removed during project implementation and replaced with mitigation credits in the replacement ratio of 1:1. Nesting habitat occurs unite. Avian species nesting on -site during construction may be impacted. Mitigation Measure 4.12-1: The applicant shall mitigate for impacts to 1.53 acres of degraded riparian scrub through (1) the purchase of 1.53 acres of riparian scrub at an approved mitigation bank; or (2) restoration of 1.53 acres of ripar- tan scrub aisle: or (3) a combination of purchased riparian scrub at an ap- proved mitigation bank and onsite res- toration totaling 1.53 acres. Mitigation shall consist of the purchase and dedi- cation of land containing riparian and wetland habitat for conservation pur- poses and/or restoration of riparian and wetland habitat onsite at a re- placement ratio of I:1. In the event that on -site mitigation is sought, a 5- year Habitat Mitigation and Monitoring Plan, which wouki include quarterly monitoring and annual reporting must be submitted to the Planning Director and California Department of Fish and Game. Evidence of approval of the Plan, such as an executed Section 1602 Streambed Alteration Agree- ment, by the California Department of Fish and Game most he provided to the Planning Director prior to project implementation. Mitigation Measure 4.12-1(a): The appli- cant shall (1) purchase 0.53 acres of California Coastal sage scrub in an approved mitigation bank or (2) re- store 0.53 acres of coastal sage scrub onsite; or (3) purchase California Coastal sage scrub habitat at an ap- proved mitigation bank and restore coastal sage scrub habitat onsite total- ing 0.53 acres. Mitigation shall consist of the purchase and dedication of land containing coastal sage scrub habitat for conservation purposes and/or res- toration of coastal sage scrub habitat onsite at a replacement ratio of 1.1. In the event that onsite mitigation is sought, a 5-year Habitat Mitigation and Monitoring Plan, which would include quarterly monitoring and annual report- ing must he submitted to the Depart- ment of Fish and Game for review and approval. T I Prior to grading permit Issu- ance Prior to grading permit issu- ance Mitigation Monitoring and Reporting Program: November 2007 National (:ili'oeefo Wiplesale Page 7 Section 10.0 Mitigation Monitoring Program (continued) Significant Effect rfl,tigation Measure Time Frame2 Mitigation Measure 4.12-2: The applicant stall purchase mitigation credits for the replacement of 1.25 acres of Anny Corps of Engineers and the Regional Water Quality Control Hoard jurisdic- tional wetlands through (1) the pur- chase of 1.25 acres of Corps and RWQCB jurisdictional wetlands at an approved mitigation bank; or (2) resto- ration of 1.25 acres of Corps jurisdic- tional wetlands onsite; or (3) a combi- nation of purchased Corps and RWQCB jurisdictional wetlands at an approved mitigation bank, and restora- tion of Corps jurisdictional wetlands onsite, totaling 1.25 acres. Mitigation shall consist of the purchase and dedi- cation of land containing riparian and wetland habitat for conservation pur- poses, and/or restoration of wetland and riparian habitat onsite, at a re- placement ratio of 1:1. In the event that on -site mitigation is sought. a 5- year Habitat Mitigation and Monitoring Plan, which would include quarterly monitoring and annual reporting must be submitted to the U.S. Army Cops of Engineers. Evidence of approval of the Plan, such as an executed Section 404 Permit, by the U.S. Army Corps of Engineers must be provided to the Planning Director prior to project en- plementation. Mitigation Measure 4.123: The applicant shall purchase mitigation credits for the replacement of 1.87 acres of Cali- fornia Department of fish and Game jurisdiction through (1) the purchase of 1.87 acres of CDFG jurisdictional wet- land/riparian habitat at an approved mitigation bank; or (2) the restoration of 1.87 acres of CDFG jurisdictional wetland/riparian habitat onsite; or (3) a combination of purchased CDFG wet- land/riparian habitat at an approved mitigation bank, and restoration of CDFG jurisdictional wetland/riparian habitat onsite, totaling 1.97 acres. Mitigation shall consist of the purchase and dedication of land containing ripar- ian and wetland habitat for conserva- tion purposes, and/or restoration of wetland and riparian habitat onsite, at a replacement ratio of 1:1. In the event that onsite mitigation is sought, a 5- year Habitat Mitigation and Monitoring Plan, which would include quarterly monitoring and annual repotting must be submitted to the Department of Fish and Game for review and ap proval. Evidence of approval of the Plan, such as an executed Section 1602 Streambed Alteration Agree- ment, by the CDFG must be provided to the Planning Director prior to project implementation. Purchase and/or on - site restoration of these 1.87 acres of T T Prior to grading permit issu- ance Prior to grading permit rssu• Elf ce National l:ity3tgus c WY 1esale Mitigation Monitoring and Reporting Program:.Vorem/er 2007 Page 8 Section 10.0 Mitigation Monitoring Program (continued) Significant Effect cr. 'sit,..asu-e wetland and riparian habitat will also satisfy Mitigation Measures 4.12-1 & 4.12-2. Mitigation Measure 4.12-4: 1f vegetation removal activities are to be conducted during the recognized avian breeding season, February 15 through Septem- ber 15, pre-coiustruct.on surveys must be conducted by a qualified biologist within the project's area to determine if there are active nests. However, be- cause raptors have been known to nest as earty as January 1, a pre - construction survey for raptors only must be conducted by a qualified bi- ologist within the project's area if vege- tation removal activities are to be con- ducted between January 1 and Febru- ary 14. 11 an active avian nest is ob- served, a buffer of 500' for raptors and 100' for non -raptors shall be estab- lished between vegetation removal ac- tivities and the nest so that nesting ac- tivities are not interrupted. The buffer shall be in effect as brig a vegetation removal is occurring and until the nest is no longer active. Written confirma- tion from the biologist certifying that there are no active nests must be pro- vided to the Planning Department prior to commencing grading activities. Mitigation Measure 4.12-5: A monitoring biologist will be on site during the initial clearing and grubbing of the coastal sage scrub. The biologist will he knowledgeable of gnatcatcher biology and ecology. If impacts to coastal sage scrub are to occur during gnatcatcher breeding season, a minimum of three focused surveys will be performed on separate days to determine the pres- ence of gnatcatchers. nest building ac- tivities, egg incubation, or brood rear- ing activities within 100 feet of any pro- ject related construction activities. Should breeding gnalcatchers be ob- served on -site, all activities will cease and the U.S. Fish & Wildlife Service and the California Department of Fish and Game will he notified. The appli- cant will not conduct work within 500 feet of any active raptor nest and will not conduct any activities that are in consistent with the Federal Migratory Bird Treaty Act T T Prior to grading permit issu- arce Prior to grading permit issu- ance National City Casten Wb•lesale Mitigation Monitoring and Reporting Program: November 2007 Page 9 Section 10.0 Mitigation Monitoring Program (continued) Significant Effect Mitigation Measure Mitigation Measure 4.12.6: A monitoring biologist will monitor the site at least eight times during the first two years of operation to identify the use of preda- tor perches introduced by the project. Should predator perches be observed on buildings, signage, lighting fixtures, or landscaping, the biologist will notify the applicant and prepare measures 10 prevent or minimize perching. Mitigation Measure 4.12-7: The applicant will be required to obtain a Corps Sec- tion 404 Permit, a RWQCi3 Section 401 Permit and a COF&G Section 1602 Permit prior to construction. Q/T D T Time Frame` During the first two years of project operation. Prior to grading permit issu- ance 473 CuRural Resoulces Project constr ctioe may impact cultural resources Mitigation Measure 4.13-1: A certified ar- chaeotogist with knowledge in cultural resources shall monitor the site during ground disturbing activities to ensure that there is no induction of cultural re- sources present. The project archaeolo- gist shall provide to the city prior 10 grading a mitigation plan providing for disposition of recovered artifacts and consultation with culturally affiliated Na- tive American puix to grading. A report from the archaeologist shall be provided to the city reganfing the pres- ence/absence of cultural resources upon completion of grading document • ing resources and disposition of any cul- tural resources retrieved during grading. N/A 7 During grading Mitigation Measure 4.13-2: Should human remains be discovered during project construction, the County Coronet shall be immediately notified. Should the identified human remains be determined to be prehistoric, the Coroner shall notify the Native American Ileritage Commis- sion, which will determine and notify a Most Likely Descendent (MLD). 1 he MLD shall conplete the inspection of the site within 24 hours of notification, and may recommend scientific removal and nondestructive analysis of human remains and items associated with Na- tive American burials. N/A During grading 4:f4 R rration,Rasourc No significant effects identified None required N/A Not applicable Q Quantifiable. the mitigation measure has a meaarable result that must be successfully achieved prior to its being considered accomplished.'f - lime Specific. The mitigation measure must be sea:cesstulty comrpletcd by a specific time in the process or ntablished date prior to being considered accomplished. R Quantifiable and time specific. N'A _ Not Applicable "Ongoing' means that the pcmuit holder must always cnsute compliance dining the ongoing operation of the project. "Duration" means that the permit holder must ensure compliance during the duration of the site development and constntctton phases of the project. National Co, Cost f Wholesale Mitigation Monitoring and Reporting Program: November 2007 Page 10 Section 10.0 Mitigation Monitoring Program (continued) National City's Council, when certifying the Environmental Impact Report and adopting the required findings, may modify proposed mitigation measures. Irt doing so, the Council will also create a need to modify the Miti- gation Monitoring and Reporting Program to reflect the changes. National City 2o.ocoo Wholesale lesale Mitigation Monitoring and Reporting Program: November 2007 Page II City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 19, 2007 AGENDA ITEM NO. 31 ITEM TITLE Notice of Decision - Planning Commission Approval of a Conditional Use Permit for Sale of Alcohol at the El Torito Restaurant in Plaza Bonita Shopping Center at 3030 Plaza Bonita Road (Applicant: Fancher Development) (Case File 2007-54 CUSP) PREPARED BY Angela Reeder. 336-4310 DEPARTMENT Planning EXPLANATION The subject site is an approximately 7,000 square foot restaurant proposed within the Plaza Bonita mall expansion currently under construction. El Torito will be on the west side of the mall, just north of the new south entrance and adjacent to the proposed California Pizza Kitchen restaurant. Their patio faces the parking lot to the west, with Plaza Bonita Road and I-805 beyond. El Torito is a full service restaurant with 215 indoor scats, including a bar/lounge area, and 36 outdoor seats in the fenced patio area (see attached plans). The applicant has requested a CUP for alcohol sales for on -site consumption in the proposed restaurant. The request would allow them to sell beer, wine, and spirits as a complement to their food sales during their proposed operations hours: Sunday to Thursday, 1 1:30 am to 10:00 pm, and Friday to Saturday from 11:30 am to 11:00 pm. Alcohol would only be served inside the dining area and outside on the patio. The applicant would not sell alcohol with any takeout orders, as their ARC license would he for on -site consumption only. A standard happy hour promotion with discounted food and alcohol would be available on Monday to Friday, 4-8pm, in the Cantina Area. In addition, there are lunch specials offered through the week, a "Taco Tuesday" special, and a Champagne brunch buffet that is offered on Sundays. No karaoke or live entertainment is being proposed. The applicant held a community meeting, as required, on October 9, 2007 to address any potential public concerns. The Planning Commission held a hearing on this application on November 5, 2007. No community members spoke on the application. The Police Department submitted written comments indicating concern about the number of licenses at the mall, and suggesting some additional conditions of approval. Commissioners voted to approve the CUP based on the attached findings and subject to fourteen Conditions of Approval (see attached resolution). Environmental Review X - N/A Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION 1cifo Staff concurs with the Planning Commission and Recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Ilse Permit. Ayes — Alvarado. Baca. Pruitt, Flores. Reynolds Absent — DeLaPaz. Carillo ATTACHMENTS ( Listed Below ) 1. Planning Commission Resolution 59-2007 2. Location Map Resolution No. 3. Applicant's Plans 4. Police Department comments A-200 (9/99) RESOLUTION NO. 59-2007 A RESOLUTION OF THE PLANNING COMMISSION OF TI IE CITY OF NATIONAL CU'Y, CALIFORNIA, APPROVING A CC)NI)ITIONAI, USE PERMIT FOR THE SALE OF ALCOHOL AT EL TORITO RESTAURANT PROPOSED IN PLAZA BON1'I'A SI LOPPING CENTER A'1' 3030 PLAZA BONLI'A ROAD APPLICANT: MONI DOSANJII, FANCIIER DEVELOPMENT CASE FILE NO. 2007-54 CUP WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for the sale of alcohol at El Torito Restaurant proposed in Plaza Bonita Shopping Center at 3030 Plaza Bonita Road, Suite 2510 at a duly advertised public hearing held o❑ November 5, 2007, 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. 2007-54 CUP, 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 ('it.y law; and, WIIEREAS, the action recited herein is found to he 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, Calilbrnia, that the testimony and evidence presented to the Planning Commission at the puhlic hearing held on Novmber 5, 2007, support the lbllowing findings: I. That the site for the proposed use is adequate in size and shape, since the proposed use will be housed in an approved restaurant within the shopping center and will not allcet the space needs or parking needs of the shopping center. 2. That the site has sutlicicnt 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 use is served by both Plaza Bonita Road and Sweetwater Road. arterial streets, and since the sale of alcohol at an approved restaurant is not expected to increase the amount of traffic to the site. 1 of 9 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed use will be compatible with other businesses; and sine; it will be located on the westerly side of the existing shopping center, and is oriented away from the nearest residences which are over 700 feet away and at an elevation approximately 50 feet higher than the center. In addition, the proposed use will be subject to conditions that limit the sale of alcohol, restrict the hours that it will be available, and ensure that it remains accessory to the sale of food. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the facility will provide an additional opportunity to consume beverages that arc often requested by consumers in a family restaurant setting. 5. That public convenience and necessity may he served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. BE IT FURTI IER RESOLVED that the application for Conditional I Jsc Permit is approved subject to the following conditions: 1. This Conditional Use Permit authorizes the incidental sale of beer, wine, and distilled spirits in an El "l'oritos restaurant at 3030 Plaza Bonita Road, Suite 2510, as shown on the attached plans (Exhibit A, case file no. 2007-54 CUP, dated 9/26/2007). 2. Permittee shall comply with all regulatory provisions of the Business and Professions Code, section 25600 through 25667, currently in effect or as may he amended, regarding sales, displays and marketing or merchandising of alcoholic beverages. 3. The sale of alcoholic beverages shall he consistent with the regular operating hours of the restaurant, hut in no case later than 11:00 p.m. 4. Signs shall be posted in the patio dining area indicating that alcoholic beverages must be consumed inside the restaurant or patio area and may not be taken off -premises. 5. All persons who will be serving alcoholic beverages shall receive I..E.A.D. (Licensee Education on Alcohol and Drugs) training in Responsible Beverage Service from the State Department of Alcoholic Beverage (.'ontrol, Responsible Hospitality Coalition, or similar instruction provided by qualified individuals recognized by ABC. 6. The sale of alcohol shall not exceed the sale of food. 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 he subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such hooks and records of the license, as may be necessary in their judgment 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. 7. No coin operated amusement devices shall be operated on the licensed premises. 8. 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 he revoked, pursuant to provisions of the Land Use ('ode, if discontinued for any lesser period of time. 2 of 9 9. There shall he no sale of alcoholic beverages with catering services. This permit authorizes the sale of alcohol for on -site consumption only. 10. No self-service of alcohol shall he permitted. 11. Before this Conditional Use Permit shall become cllix:tive, the applicant and the property owner both shall signn 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 I lse Pennit. 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. "fhe applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Ilse 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. 12. 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 18.1 16.190 of the Municipal ('ode. 13. Within four (4) days of approval, pursuant. to Fish and Caine Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing tees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City' Planning Department. At this time, the filing fee is $50 for a Notice of Exemption or Notice of Determination, $1,800 for a Negative Declaration or Mitigated Negative Declaration, and $2,500 for an Environmental Impact Report. 14. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic bevera.gcs, including advertising/signs directed to the exterior from within, are prohibited. interior displays of alcoholic beverages and signs, which arc clearly visible to the exterior, shall constitute a violation of this condition. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BR 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 tiled 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. 3 of 9 CERTIH('ATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of November 5, 2007, by the following vote: AYES: Alvarado, Baca, Pruitt, Flores, Reynolds NAYS: ABSENT: Carri 11o, -Del.aPaz ABSTAIN: CHAIRWOMAN 4 of 9 MO. 11000 UN. Sir_ F _ N etem=1—„ ems,— ars so Ow 'also mit 4( TARGEEICITMLssmoniMPAININIIIIN •ea...o.v.vcrsn -,,,,, 91•171M1013MSSZiat01,1111191e 1-1. kfr I '1 rl i., RI 4it AS!,0,2..(Nr EL TORITO aSS.7 A.L• • 1 1 1 11. •rn,tt tt),P4 n t. StrI.V 2JV .....,-', • \ 7 • , ...,.--:.A-,.-r,,,,,,..,.---7-,-;=.---'f,a.---,..a'c,.."-.r.-r.a..-:.1,.".,.",.,,,."--,—..;-----A---"-.,•,•,...----.1?-.' ---------;;,-------------- N. , i ' : ,. ; ., ;i ; ; 1 i',.• - , ; ' ii ' , : . ; -. . .; i, • :-.-, r.-- : ',17-_-k-,---a....-... , - \ c, ;7._)\., \ x...-1_3,,.17 \ ..,..„, ,......, ,... . x''s, ..''' .....' , ‘‘, . 7 s, \ '.., ... " • q.h ‘s. \. • f 1 1 1 1 III I ` I 1I------ I III 1 _- _ 1i,ll ii' .l I1f 1 Fr'... .'F"-'iG-�� l _ �'• 1 1 I I I I ill l i n { F� .-_:riti ��,L i. �JN .II fj' III I II L r -1 1 r -'--' ---- --- -- --'---- ------ - - - - - L � F-- -i li-- Y ''I V� F ''�' Y-' c , a�7, r `� 1l — -�-.. 1 -_. —.1 , I- V IJ 1V.� "�{ 1 t r e FL <•,,.v ' _- �_-� �r—. - C -�'Xf I —.—ry J, -{Lrgp <T _) �_i�t.� riv:'m �_,LX-XT f_+ FRONT ELEVATION FACING NORTH Itufi. I,MI-n a MS R r Wl Xv.n.aX LETORITO riETD 1a aat a. T ^Jr maED ma +wrwu �� us• DATE: TO: FROM: SUBJECT: NATIONAL. CITY PO1.I('1, DEPARTMENT lME IORANI)UM November 2, 2007 Angela Reeder, Associate Planner • Planning Department Brent Roark. Lieutenant Police Department (:onditional Use Permits 2007-53, 54 and 55 (California Pir_ca Kitchen, El Torito and Sharkey's, respectively) As the principal party responsible for alcohol related issues within the scope and authority of the Police Department, I have reviewed the aforementioned applications for issuance of conditional use permits. The following recommendations are consistent with the Police Department's ideology concerning the role alcohol plays on the health, safety and general wellbeing and livability in the community. Further considerations are given to the impact licensed establishments have on actual public safety service demands and the ability to properly regulate and control, in a pro -active manner, the sales, service and consumption of alcoholic beverages. As to California Pizza Kitchen (2007 53) and FI Torito (2007-54), the P.D. recommends all the "standard" restrictions normally associated with on -sale establishments of these types. Additionally, the restrictions should include (it they don't already): 1. No exterior alcohol advertising or indoor advertising that is visible to the exterior. 2. No alcohol sales or consumption in any area outside the primary enclosed structure. This includes any patio, extended seating area, terrace, etc. 3. No promotions sponsored, underwritten or subsidized by alcohol industry wholesalers, distributors, manufacturers, P.R. firms, etc. 4. Any beverage container (cup, glass, mug, etc.) provided with the alcoholic beverage must be clear in composition and color so as to allow immediate visibility and recognition of the contents of the container. 5 No sales after 10:00 PM on any day of operation. As to Sharkey's (2007-55), the Police Department has significant concerns regarding the location within the food court of the Mall and the lack of specificity associated with the applicants plan to corral alcohol consumption to a limited, delineated space. The Department is adamantly opposed to any plan that allows alcohol consumption within the general food court area of the mall or any plan that does not specify how consumption would be restricted to the applicant's premise if it is adjacent or open to the general food court seating area. 8 of 9 As the proposed plan now stands, alcoholic beverages could be present and being consumed at any table (or other area within the general food court) in direct proximity to children or minors with no direct control or supervision. Further, the beverage could easily be passed off to others and / or carried out of the food court area into any area of the Mall. Also, the contents could easily be transferred to any nondescript container for the purpose of concealment. Once the alcoholic beverage is out of the direct line of sight of Sharkey's personnel, there is little to no control the establishment can exert. It is difficult to fathom that the Mall itself would be willing to undertake such a degree of liability on behalf of one of its tenants. It is also feared that allowing such a venture establishes a dangerous precedent for other would-be applicants wishing to establish an alcohol licensed premise within the open general food court area. The potential is for an open, uncontrolled space in a retail venue where alcoholic beverages are being sold, served and consumed in large volume by several outlets. Finally, it is important to note that should these pending applications be approved, it will bring the total number of on -sale licensed alcohol outlets in Plaza Bonita to 6+. I believe this will constitute an over -saturation issue for the area per ABC data. With the inclusion of the new theatres and other development at the Mall, it is anticipated that calls for police service and the need for additional police presence will grow. Increased alcohol consumption in the immediate venue will undoubtedly impact public safety, the degree to which is left to be determined. 9 of 9 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 19, 2007 AGENDA ITEM NO. 32 ITEM TITLE Notice of Decision — Planning Commission Approval of a Conditional Use Permit tier Sale of Alcohol at the California Pizza Kitchen Restaurant in Plaza Bonita Shopping Center at 3030 Plaza Bonita Road (Applicant: rancher Development) (Case File 2007-53 CUP) PREPARED BY Angela Reedeerr,, 336-4310 DEPARTMENT Planning EXPLANATION The subject site is an approximately 6,200 square foot restaurant proposed within the Plaza Bonita mall expansion. The restaurant entrance is adjacent to the southwest mall entrance, directly across from the proposed Borders lxwkstore. The entrance and outdoor patio area will face the parking lot to the west, with Plaza Bonita Road and the 1-805 beyond. Califomia Pizza Kitchen is a full service restaurant with 211 indoor seats, including some bar seating, and 48 outdoor seats in the fenced patio area (see attached plans). 'lire applicant has requested a CUP for alcohol sales for on -site consumption within the proposed CPK restaurant. 'l'he request would allow them to sell beer, wine, and spirits as a complement to their toad sales during their proposed operations hours: Sunday to Thursday, 11:00 am to 10:00 pm, and Friday to Saturday from 11:00 am to 11:0(1 pm. Alcohol would only be served inside the dining area and outside on the patio. The applicant would nut sell alcohol with any takeout orders, as their ABC license would be for on -site consumption only. No karaoke or live entertainment is being proposed. The applicant held a community meeting, as required, on October 9, 2007 to address any potential public concerns. The Planning Commission held a hearing on this application on November 5, 2007. No community members spoke on the application. The Police Department submitted written comments indicating concern about the number of licenses at the mall, and suggesting some additional conditions of approval. Commissioners voted to approve the CUP based on the attached findings and subject to fourteen Conditions of Approval (see attached resolution). Environmental Review X N/A Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the Planning Commission andcommends that the Notice of Decision be tiled. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. Avcs — Alvarado. Baca. Pruitt. Flores. Reynolds Absent — DeLaPaz, Carillo ATTACHMENTS ( Listed Below) Resolution No. 1. Planning Commission Resolution 58-2007 2. Location Map 3. Applicant's Plans 4. Police Department comments A-200 (9199) RESOD 1'FI(.)N NO. 58-2007 A RESOLUTION OF THE PLANNING COMMISSION OF TILE CITY OF NATIONAL CTTY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE SALE OF ALCOHOL AT'FHE CALIFORNIA PIZZA KITCIIEN RESTAIJRANT PROPOSED IN PLAZA BONITA SIIOPPING CENTF:R AT 3030 PI.AZA BONITA ROAD APPLICANT: MON[ DOSANIH, FANCIER DEVELOPMENT CASE FILE NO. 2007-53 CUP WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for the sale of alcohol at California Pizza Kitchen Restaurant proposed in Plaza Bonita Shopping Center at 3030 Plaza Bonita Road Suite 2520, at a duly advertised public hearing held on November 5, 2007, 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. 2007-53 CUP, 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 healing held on November 5, 2007, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the proposed use will be housed in an approved restaurant within the shopping center and will not affect the space needs or parking needs of the shopping center. 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 use is served by both Plaza Bonita Road and Sweetwater Road, arterial streets, and since the sale of alcohol at an approved restaurant is not expected to increase the amount of traffic to the site. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed use; will be compatible with other businesses; and since it will be located on the westerly side of the existing shopping center, and is oriented away from the nearest residences which arc over 700 feet away and at an elevation approximately 50 feet higher than the center. In addition, the proposed use will he subject 1 of 9 to conditions that limit the sale of alcohol, restrict the hours that it will be available, and ensure that it remains accessory' to the sale of food. 4. That the proposed use is deemed essential and desirable to the puhlic convenience and welfare, since the facility will provide an additional opportunity to consume beverages that are often requested by consumers in a family restaurant setting. That puhlic convenient; and necessity may be served by a proposed use of the property for the retail sales of alcoholic heverages pursuant to law. BE ET FURTHER RESOi..VED (hat the application for Conditional Use Permit is approved subject to the following conditions: 1. This Conditional Use Permit authorizes the incidental sale of beer, wine, and distilled spirits in a California Pizza Kitchen restaurant at 3030 Plaza Bonita Road, Suite 2520, as shown on the attached plans (Exhibit A, case file no. 2007-53 CUP, dated 9/26/2007). 2. Penmittee 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 heverages. 3. The sale of alcoholic beverages shall he consistent with the regular operating hours oldie restaurant, but in no case later than 1 1:00 p.m. 4. Signs shall be posted in the patio dining area indicating that alcoholic beverages must be consumed inside the restaurant or patio area and may not be taken off -premises. 5. All persons who will he serving alcoholic heverages shall receive L.E.A.D. (Licensee Education on Alcohol and Drugs) training in Responsible Beverage Service from the State Department of Alcoholic Beverage Control, Responsible Hospitality Coalition, or similar instruction provided by qualified individuals recognized by ABC. 6. The sale of alcohol shall not excecl the sale of food. 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 he necessary in their judgment 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. 7. No coin operated amusement devices shall be operated on the licensed premises. 8. 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 ('ode, if -discontinued for any lesser period of time. 9. There shall he no sale of alcoholic beverages with catering services. This permit authorizes the sale of alcohol for on -site consumption only. 10. No self-service of alcohol shall be permitted. 2 of 9 11. 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 unposed 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 intonnation that conditions imposed by approval of the Conditional Ilse 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. 12. 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. Within lour (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall he made payable to the County Clerk and submitted to the National City (Tanning Department. At this time, the tiling fee is $50 for a Notice of Exemption or Notice of t)etennination, $1,800 for a Negative Declaration or Mitigated Negative Declaration, and $2,500 for an Environmental Impact Report. 14. 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. BE 11' El JRTIIER 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 ('ornrnission and set the matter for public hearing. 3 of 9 CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of November 5, 2007, by the following vote: AYES: Alvarado, Baca, Pruitt, Flores, Reynolds NAYS: ABSENT: Carrillo, DeLaPaz ABSTAIN: CHAIRWOMAN 4 of 9 um. 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'1 I /?7,, • • • • " • 4.f!' .", , , ', ' "...:, x , • 'V' •4- •• ?Vq.:1.1,%rte, , • ' • '' ,'•,,,cY . / ." __ , , . . ...b.-...,- p.. --- ,-;•-• --- ,,. ..r,'' -.-..„2`-3. : (. ,, ,,,,,\ . , ,....• .., ;I:'''''' ' <'__ - california PIZZA KITCHEN WESTFIELD PLAZA BONITA 3030 PLAZA BONITA RD., SPACE 2620 NATIONAL CITY, CA 91980 . • ' 1, je.:.:••<',•.;'' LC APPL CANT F,,cteR I3C BE. 4vEN.I.1 5, 7! CA 921GG ,FAX NNA e.A.EY • ,IT1 14:,•,--47- _ rAL: . I 2 2C0:' A-2 ,......... ,E,',,T,—N $rew, !.. 'r• —, F3 -•,„ , , , ,, •,, •.,— • --I i --",---- , --t- ---"'": , ,,,. A. • , \ ,s, I ...` . \--- i -1.4 ,,,— - --,, .......,•,,,,,..o. . , -,, '.. _ _ • _ ,, - ,_.......... 1 `, ; 1 , i ..,,-• .. -, •-• 1-7 :77.-r . ,, r--,,,.... x - • t I 'T -`7,T1_-_ t 1 1,. -- I—, il '1...'.il 4:••'-'..T.,," '`•:•F;,W.47,, i !. „LL I - www- ,1-- '';'..-E...1'• ''' '. ...'4''' . .".':'"'. ''' ' `-'1';'-1 -,- • L • i'''':i)L--- ---i ', 1 . I Ar-I.i7-51/C;,Iii '4.--' •- 1 , 1 lii i ' "..-1F.5.7,-_•,-7_.-i.\--'V,171EL.,...rr-ii '''-' -lifilill,•7HLA-:::' :": '--, e.,...., , / - T ,_ , .4, , ,..,.. ,„ , ST LEv4, MISC Fr- I CM' rn—...cLAIR aa....e: s.r, ...., .,-..N. 'W--1--' i..„1.,,„ ___2•,,c„,,,,„___ ,.____,!,.....=_,... resow I N., ..,.....-.1 ' 11:. wore 0 STONE _ j .., I ,I.R.A.-17-: A.. a 1 KnRr4 lc,: ,....18R .M.r,i .5 ...G.°. el .,,,,nt In. .1, ;CAE. :1':,1t. Y.... 1_'.."_...''" ,,,,... ,...,,,,. ....ow ..._ , 1 Iiii.MI4=0,,_. • 7....rwsgs --1 ll I ,— ,././., ••• 1 12 7.1 5.,,--i, , c,,,,, (.:1-1-4.--faS 0,W:: 1 ,_•,., ..— : " _i_ 4 -----, .1.- -•:IT j i• , li ,-.., 1.------,.::::- ... II ' :)1 . . ". I I "; -- • - I 'i* ,-: UMW , ,V •—i—F) • -- . Ors california PIZZA KITCHEN WESTFIELD PLAZA BONITA 3030 PLAZA BONITA RD., SPACE 2520 NATIONAL CITY, CA 91950 APPLiCAN D.tVEL,c-ENT S. TE 12-.0 )40 ..ex C '2. A-3 NATIONAL CITY POLICE 1)Ii ARTIMI':N'I .NiF.MI)RANI)t1M DA'II-1: November 2. 2007 TO: Angela Reeder, Associate Planner - Planning Department I RI)RI: 1._ Brent Roark. Lieutenant -• Police Department SUWI•IC L: Conditional Use Permits 2007-53, 5=4 and 55 (California Pizza Kitchen, F'I Torito and Sharkey's, respectively) As the principal party responsible for alcohol related issues within the scope and authority of the Police Department, I have reviewed the aforementioned applications for issuance of conditional use permits. The following recommendations are consistent with the Police Department's ideology concerning the role alcohol plays on the health, safety and general wellbeing and livability in the community. Further considerations are given to the irnpact licensed establishments have on actual public safety service demands and the ability to properly regulate and control, in a pro -active manner, the sales, service and consumption of alcoholic beverages. As to California Pizza Kitchen (2007-53) and El 1-orito (2007-54), the P.D. recommends all the "standard" restrictions normally associated with on -sale establishments of these types. Additionally, the restrictions should include (if they don't already): 1. No exterior alcohol advertising or indoor advertising that is visible to the exterior. 2. No alcohol sales or consumption in any area outside the primary enclosed structure. This includes any patio, extended seating area, terrace, etc. 3. No promotions sponsored, underwritten or subsidized by alcohol industry wholesalers, distributors, manufacturers, P.R. firms, etc. 4. Any beverage container (cup, glass, mug, etc.) provided with the alcoholic beverage must be clear in composition and color so as to allow immediate visibility and recognition of the contents of the container. 5. No sales after 10:00 PM on any day of operation. As to Sharkey's (2007-55), the Police Department has significant concerns regarding the location within the food court of the Mall and the lack of specificity associated with the applicants plan to corral alcohol consumption to a limited, delineated space. The Department is adamantly opposed to any plan that allows alcohol consumption within the general food court area of the mall or any plan that does not specify how consumption would be restricted to the applicant's premise it it is adjacent or open to the general food court seating area. 8 of 9 As the proposed plan now stands, alcoholic beverages could be present and being consumed at any table (or other area within the general food court) in direct proximity to children or minors with no direct control or supervision. Further, the beverage could easily be passed off to others and / or carried out of the food court area into any area of the Mall. Also, the contents could easily be transferred to any nondescript container for the purpose of concealment. Once the alcoholic beverage is out of the direct line of sight of Sharkey's personnel, there is little to no control the establishment can exert. It is difficult to fathom that the Mall itself would be willing to undertake such a degree of liability on behalf of one of its tenants. It is also feared that allowing such a venture establishes a dangerous precedent for other would-be applicants wishing to establish an alcohol licensed premise within the open general food court area. The potential is for an open, uncontrolled space in a retail venue where alcoholic beverages are being sold, served and consumed in large volume by several outlets. Finally, it is important to note that should these pending applications he approved, it will bring the total number of on -sale licensed alcohol outlets in Plaza Bonita to 61. I believe this will constitute an over -saturation issue for the area per ARC data. With the inclusion of the new theatres and other development at the Mall, it is anticipated that calls for police service and the need for additional police presence will grow. Increased alcohol consumption in the immediate venue will undoubtedly impact public safety, the degree to which is left to be determined. 9 of 9 City of National City, California COUNCIL AGENDA STATEMENT 33 MEETING DATE November 19, 2007 AGENDA ITEM NO. /ITEM TITLE Notice of Decision - Planning Commission Approval of a Conditional Use Permit for Sale of Beer and Wine at the Sharkey's Wood Fired Mexican Grill Restaurant in Plaza Bonita Shopping Center at 3030 Plaza Bonita Road (Applicant: Fancher Development) (Case File 2007-55 CUP) PREPARED BY Angela Reeder, 336-4310 DEPARTMENT Planning EXPLANATION The project site is Sharkey's Wood Fired Mexican Grill (Sharkey's), a proposed restaurant within the newly relocated food court on the south end of the Plaza Bonita shopping center expansion. Their 971 square foot restaurant space is located on the east side of the food court, closest to the new east entrance to the mall. Seating for Sharkey's customers will be provided by eight (8) scats at the restaurant counter, and the remainder of their seating will be provided in the common area of the food court (see attached plans). The applicant requested a CUP for beer and wine fur on -site consumption. The request would allow them to sell beer and wine as a complement to food sales during their proposed operations hours: 10 am to 10 pm daily. All alcohol would be served in specific cups to easily identify it within the dining area. in addition, the applicant proposes to post signage at all food court exits noting that removing alcohol from the food court area is prohibited. Mall security personnel would be trained to identify the alcohol containers and are also required to attend specific ABC training for their position. The applicant held a community meeting, as required, on October 9, 2007 to address any potential public concerns. In order to more fully monitor and manage alcohol use in the food court, staff recommended the applicant provide a minimum of one security officer in the food court area and also provide specific, designated seating areas for alcohol customers. An exarnple of designated seating might be the raised, fenced seating areas currently proposed in the food court. The Planning Commission held a hearing on this application on November 5, 2007. No community members spoke on the application. The Police Department submitted written comments stating they are strongly opposed to alcohol being available in the general food court area. Commissioners voted to approve the CUP based on the attached findings, subject to seventeen Conditions of Approval, including one which requires the item be reviewed by Commission 6 months after the restaurant opens to assess any potential issues with the permit (see attached resolution). / Environmental Review X N/A Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the Planning Commission and Recomnrrds that the Notice of Decision be filed. BOARD 1 COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. with the added condition that the item be reviewed six months after opening to assess any impacts. Ayes - Alvarado, Baca. Pruitt, Flores, Reynolds Absent - DeLaPaz, Carillo ATTACHMENTS ( Listed Below) Resolution No. 1. Planning Commission Resolution 60-2007 3. Applicant's Plans 2. Location Map 4. Police Department comments A-200 (9/99) RESOLUTION NO. 60-2007 A RESOLUTION OF TIfF PLANNING COMMISSION OF THE CITY OF NATIONAL CCTV, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE AT THE SHARKEY'S WOOD FIRED MEXICAN GRiL,I. RESTAt 1RANT PROPOSED) IN PLAZA BONITA SHOPPING CENTER AT 3030 PLAZA BONITA ROAD APPLICANT: MONI DOSANJH, FANCIiER DEVELOPMENT ('ASE FILE NO. 2007-55 CUP WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for the sale of alcohol at California Pizza Kitchen Restaurant proposed in Plaza Bonita Shopping Center at 3030 Plaza Bonita Road Space FC-03, at a duly advertised public hearing held on November 5, 2007, 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. 2007-55 CUP, 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 November 5, 2007, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the proposed use will be housed in an approved restaurant within the shopping center and will not affect the space needs or parking needs of the shopping center. 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 use is served by both Plaza Bonita Road and Sweetwater Road, arterial streets, and since the sale of alcohol at an approved restaurant is not expected to increase the amount of traffic to the site. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed use will be compatible with other businesses; and since it will be located on the westerly side of the existing shopping center, and is oriented away I. of 9 from the nearest residences which are over 700 feet away and at an elevation approximately 50 feet higher than the center. In addition, the proposed use will be subject to conditions that limit the sale of alcohol, restrict the hours that it will he available, and ensure that it remains accessory to the sale of food. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the facility will provide an additional opportunity to consume beverages that are often requested by consumers in a family restaurant setting. 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. BF. iT FURTIIER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. This Conditional Use Permit authorizes the incidental sale of beer and wine in a Sharkey's Wood Fired Mexican Grill restaurant at 3030 Plaza Bonita Road, Space FC03, as shown on the attache] plans (Exhibit A, case file no. 2007-55 CUP, dated 9/26/2007). 2. Perrrrittec 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 sates, displays and marketing or merchandising of alcoholic beverages. 3. The sale of alcoholic beverages shall he consistent with the regular operating hours of the restaurant, but in no case later than 10:00 p.m. 4. All alcohol shall be served in a distinctive cup that is easily recognizable by restaurant staff and security personnel at the mall. 5. Signs shall he posted within the food court dining area, specifically at all exits to the food court, indicating that alcoholic beverages must be consumed inside the seating area and may not he taken off -premises or into the remainder of the snail. 6. All persons who will be serving alcoholic beverages shall receive I..E.A.D. (Licensee Education on Alcohol and Drugs) training in Responsible Beverage Service from the State Department of Alcoholic Beverage Control, Responsible Hospitality Coalition, or similar instruction provided by qualified individuals recognized by A13C. 7. 'l'he sale of alcohol shall not exceed the sale of food. 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 hooks and records of the license, as may be necessary in their judgment to verily that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 8. No coin operated amusement devices shall be operated on the licensed premises. 9. 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. 2 of 9 10. There shall he no sale of alcoholic beverages with catering services. This permit authorizes the sale of alcohol for on -site consumption only. 1 1. No self-service of alcohol shall he permitted. 12. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sigh 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. T'he 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 he approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 13. This pcnnit shall become null and void it not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 14. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. At this time, the filing fee is $50 for a Notice of Exemption or Notice of Determination, $1,800 for a Negative Declaration or Mitigated Negative Declaration, and $2,500 for an Environmental Impact Report. 15. A mall security officer must be posted in the tood court area at all times when alcohol is available for purchase. 16. Specific seating areas shall be provided in the food court, in addition to the counter seating at the Sharkey's restaurant, as designated areas for alcohol consumption and should include a restraint or barrier such as 4 foot high fencing, to clearly distinguish the alcohol consumption area from the remainder of the food court. Signage shall he posted to indicate these areas. 17. This Conditional Use Permit shall be subject to review by the Planning Conmmission six months after the restaurant opening, and at subsequent intervals to be determined by the Conunission. BE i'1' 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. 3 of 9 CE,RTIFI(.'A"IION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of November 5, 2007, by the following vote: AYES: Alvarado, Baca; Pruitt, l•lores, Reynolds NAYS: ABSENT: Carri 11o, Del.al'az ABSTAIN: CI IAIRWOMAN 4 of 9 • m.:.. at. . _,_ < �• 1 SEE AS-121 SHARKY'S WOODFIRED MEXICAN GRILL PNITA Expansion .ate= ) ®I e © r))) () OO :) ( G FK9• •D '. PAIM6'1 :IIIUGNP['. iel<i Corporation, in m riem ....._ w.�rn •s .axaa- )EVLLOPMENI'PLAN SCALE [r, Um nu. rev), al sxJ T7' 1 a.Lrn ..I., .:I Ls, I .^.n ... It75.4...77 *TV,V NI f.•.' VIC e,4 P.M r*a» Me [UNA F'�I tsar .aar ',El] ..w nr,n, HRa N ti, 5101:4 PCLCMar Loa [Vp71 1,111171 1 mn O.? SI, A rt. ?KV .n[ A.) [EA YAW {CE F.M Y1 I U'e1 E1 e 0 sit.CNICY MAP Westfie[d {.){(]7U Bon i 1(I Loa IVY 0 — ®�P 0 0 0 PLAZA WIlTA L41A/�1'A,. [ Loll 2 6 of 9 n 1r-1 I: 1 ,!•, !;! • !I I i 0: ! --E:1,1=!:, -.7-.1,-1.7' ;_lf t1;1.11.i'li:T1:1-r 1 -1-1:11.4,11_,.] 1 F7-1_71::t. 't t i' „i: t!;-, ilitl!TIIIilairT4T! "..;i1IIM fi'll[ gli 1 :01' ''iri;I:' ' 'CI' !!!'- ;1 YII 1 ' I ' i l IIiiil; ILL! .I 1— r ?I' E '''i '!'li!! g - , I ' ' b-i, , 0 Ili , r,,,Agi; : 0. ; ,,, A il4j;"01!",p, i!!!,r'.., ! ; 1 '' '. ' I ' I I 1 !!` I I 1 11 si I 3 IIFF15. 5 r'ililfrifr'LlIrlit2-,T;1-11! ! ! • w 11 I 11, , 1 L. _ ILL ! !- _L _LI i i L,_ r I J 'It ' 21' • Etlward Oun & Cotapanv • !I _ :• . 11 EQUIPMENI PIAN !! 7 Of 9 NATIONAL CITY POLICE DEPARTMENT MEMORANDUM DA 11-: November 2, 2007 TO: Angela Reeder, Associate Planner - Planning Department FROM: L. Brent Roark, Lieutenant - Police Department SUI3JEC1: Conditional Use Permits 2007-53, 54 and 55 (Calilbrnia Pizza Kitchen, El Torito and Sharkey's, respectively) As the principal party responsible for alcohol related issues within the scope and authority of the Police Department, I have reviewed the aforementioned applications for issuance of conditional use permits. The following recommendations are consistent with the Police Department's ideology concerning the role alcohol plays on the health, safety and general wellbeing and livability in the community. Further considerations are given to the impact licensed establishments have on actual public safety service demands and the ability to properly regulate and control, in a pro -active manner, the sales, service and consumption of alcoholic beverages. As to California Pizza Kitchen (2007-53) and El Torito (2007-54), the P.D. recommends all the "standard" restrictions normally associated with on -sale establishments of these types. Additionally, the restrictions should include (if they don't already): 1. No exterior alcohol advertising or indoor advertising that is visible to the exterior. 2. No alcohol sales or consumption in any area outside the primary enclosed structure. This includes any patio, extended seating area, terrace, etc. 3. No promotions sponsored, underwritten or subsidized by alcohol industry wholesalers, distributors, manufacturers, P.R. firms, etc. 4. Any beverage container (cup, glass, mug, etc.) provided with the alcoholic beverage must be clear in composition and color so as to allow immediate visibility and recognition of the contents of the container. 5. No sales after 10:00 PM on any day of operation. As to Sharkey's (2007-55), the Police Department has significant concerns regarding the location within the food court of the Mall and the lack of specificity associated with the applicants plan to corral alcohol consumption to a limited, delineated space. The Department is adamantly opposed to any plan that allows alcohol consumption within the general food court area of the mall or any plan that does not specify how consumption would be restricted to the applicant's premise if it is adjacent or open to the general food court seating area. 8 of 9 As the proposed plan now stands, alcoholic beverages could be present and being consumed at any table (or other area within the general food court) in direct proximity to children or minors with no direct control or supervision. Further, the beverage could easily be passed off to others and / or carried out of the food court area into any area of the Mall. Also, the contents could easily be transferred to any nondescript container for the purpose of concealment. Once the alcoholic beverage is out of the direct line of sight of Sharkey's personnel, there is little to no control the establishment can exert. It is difficult to fathom that the Mall itself would be willing to undertake such a degree of liability on behalf of one of its tenants. It is also feared that allowing such a venture establishes a dangerous precedent for other would-be applicants wishing to establish an alcohol licensed premise within the open general food court area. The potential is for an open, uncontrolled space in a retail venue where alcoholic beverages are being sold, served and consumed in large volume by several outlets. Finally, it is important to note that should these pending applications be approved, it will bring the total number of on -sale licensed alcohol outlets in Plaza Bonita to 6+. I believe this will constitute an over -saturation issue for the area per ABC data. With the inclusion of the new theatres and other development at the Mall, it is anticipated that calls for police service and the need for additional police presence will grow. Increased alcohol consumption in the immediate venue will undoubtedly impact public safety, the degree to which is left to he determined. 9 of 9 CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT MEETING DATE Nnvamhnr 20, 2007 AGENDA ITEM NO. 34 �EM TITLE January 2008 City Council Meeting Schedule PREPARED BY Leslie Deese - DEPARTMENT 619-336-4242 EXPLANATION City Manager This year, New Year's Day falls on Tuesday, January 1st an observed holiday, which is also the date of a regularly scheduled City Council Meeting. It would be timely and appropriate for the City Council to dispense with and/or reschedule the January 1st meeting. A calendar for the months of December and January are attached for Council's convenience. Environmental Review ✓ NIA Financial Statement N/A Account No. STAFF RECOMMENDATION City Council dispense with the January 1, 2007 City Council meeting and consider selecting an alternative meeting date in January. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Calendars for the months of December and January A-200 (9180) December 2007 Monday Tuesday Wednesday December 2007 Jan.ary 2008 M T W F 5 5 m TWTF S 2 3 -4 5 6 7 81 1 2 3 4 5 9 19 11 12 13 14 15 13 14 15 16 17 18 129 .16 17 18 19 20 21 22 20 21 22 23 24 25 26 23 24 25 26 27 28 29 27 28 29 39 31 30 31 Thursday Friday Leslie Deese 3r 5 6 [- City Council Meeting_ I I I I I I I ice ---- ilk-- - - --- 12 13 31 18 City Council MeeU'ng 19 26 20 27 28! Sat/Sun December 1 9 16 22 23 29 30 1 11/14/2007 12:17 PM January 2008 s tl January 2008 T W F S 5 7 13 14 23 21 27 28 9 15 22 29 2 3 9 10 16 17 23 24 30 31 4 5 11 12 18 19 25 26 - February 2008 5 T W T F S 2 3 5 6 7 8 9 IC 11 12 13 14 15 :6 17 IS 19 23 2: 22 23 24 25 25 27 29 29 Monday Tuesday Wednesday Thursdy... , = Friday Sat/Sun Ci Council Meetin 11 12 Open Meeting Date 14 15 City Council Meeting 21 16. 17 13 18 19 20 23 25 26 28 Open Meeting Date Open Meeting Date 27 301 311 Leslie Deese 11/14/2007 12:17 PM City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT dr1EETING DATE November 20, 2007 AGENDA ITEM NO. 35 ( .EM TITLE Warrant Register for the period of 10/19/07 through 11/01/07 in the amount of $776,568.99 PREPARED BY Rizza A. Dela Cuadra DEPARTMENT CDC— Finance Accountant Jeanette Ladrido EXPLANATION (619) 336-4331 The Finance Department has implemented a policy to provide explanation of all warrants above $50,000.00. Vendor Check# Christmas in July 17506 Pacific Municipal Consultants 17507 CDC Payroll S8 Housing Assistance Payments See attached report. Amount $64,705.19 $70.236.14 various $69,754.48 Various $333,465.34 80075 - 235,430.36 80277 Explanation Professional Services for 1st & 2nd Quarter FY 2006-2007 Professional Services -Enterprise Zone Payroll for PPE 10/22/07 Direct Deposit Manual Checks Environmental Review ✓ N/A Financial Statement Approved bv: ..anette Ladrido, Finance Director Account No. N/A STAFF RECOMMENDATION Ratification of warrants in the amount of $776,568.99 BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. Ratification of Expenditures for the period 10/19/07 THROUGH 11/01/07 A-200 (9/80) Payee STATE OF CALIFORNIA cHfusTm As LN JULY PACIFIC MUNICIPAL CONSULTANTS PAYROLL FOR MEETING OF NOVEMBER 20, 2007 WARRANT REGISTER FOR PERIOD: 10/19 - 11/01/07 Description Chk No Amount ;..2*.Fet*M.tK7.:S.'..,:417.1:;1111rAlLiritZtZleeenifk4441P4MONIIIM EDD SDI REPORT .3RD QTR FY 2006 - 2007 CLAIM FOR 1ST AND 2ND QTR FY 2006-2007 PROFESSIONAL SERVICES FOR ENTERPRISE ZONE SUBTOTAL - REDEVELOPMENT .',1.;l1MVP/Ctig.Se:7:1'0FRalf, PPE 10/31/07 SUBTOTAL - ADMINISTRATIVE REVOLVING FUND 17505 $ 198.48 17506 64,705.19 17507 70,236.14 135,139.81 "-Taa 69,754.48 69,754.48 $eittuikVaVtVifik4.7,'4Yi':1.,1AU41.A.i-Of0 (CA: it HOUSING ASSISTANCE PAYMENTS MANUAL PAYMENTS S 568,895.70 CORPORATE EX [R ESS SS OFFICE SUPPLIES 10398 2,779 00 $ 571,674.70 SUBTOTAL - SECTION 8 TOTAL OF ALL FUNDS: 776,568.99 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE November 20. 2007 36 AGENDA ITEM NO. ITEM TITLE Investment Report for quarter ended September 30, 2007 PREPARED BY DEPARTMENT Jeanette Ladrido, CPA Finance x 4331 EXPLANATION See attached report Environmental Review Not applicable. Financial Statement Staff certifies that there are sufficient funds to meet he Community Development Commission's financial needs. Account No STAFF RECOMMENDATION Accept and file the Investment Report for the Quarter ended September 30. 2007. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS Resolution No. 1 Background/Investment Overview 2 Portfolio Summary — Quarter ended September 30, 2007 A-200 (9/80) ATTACHMENT 1 BACKGROUND California Government Code Section 53646 requires that staff submit an investment report to the Community Development (CDC) Chairman and members within 30 days following the end of the quarter that consists of the following information: := Type of investment or description, Y Issuers (bank or institution), Y Dollar amount, Interest rate, Current market valuation as of the date of the report, And the date of maturity. In addition, the code requires that the report states the CDC's compliance with it's investment policy and include a statement on the CDC's ability to meet it's pool's expenditure requirements. OVERVIEW OF CITY INVESTMENTS The CDC investments most of its funds the California Treasurer's Local Agency Investment Fund (LAIF). This is a liquid investment pool, which allows participants to earn market rate returns of large investments, while retaining access to funds within 24 hours of a withdrawal request. Most funds have remained in LAIF to meet staffs cash flow objectives. Large sums of money must remain liquid to ensure that staff does not miss opportunities to purchase land or property within the project area. For the quarter ended September 30, 2007, LAIF's return was 5.24%. The investment of debt service reserve funds, the 2004 and 2005 Tax Allocation Bonds, is controlled by the designated fiscal agent. The reserve funds account for approximately 25% of the CDC's portfolio. Federal Agency Securities account for approximately 11 % of the investment portfolio. The average rate of return is 4.24% The CDC has 10% invested in Negotiable Certificates of Deposit. The average rate of return is 3.57%. The average monthly expenditures of the CDC is $889,635.00. To ensure compliance with Government Code Section 53646, the CDC must $5,337,810.00 available to meet cash flow requirements. Staff certifies that there are sufficient funds to meet the cash flow requirements. SUMMARY OF INVESTMENT PORTFOLIO As of September 30, 2007 INVESTMENTS HELD BY THE COMMUNITY DEVELOPMENT COMMISSION % of Investment Type Book Value Market Value Portfolio Certificates of Deposit 1,559,087 19 1,530,783.96 10.43% LAIF 8,025,740.04 8,025,740.04 53.67% Federal Agency Securities 1,584,000.00 1,582,404.37 10.59% Debt Service Reserves 3,784,626.31 3,784,626.31 25.31% 14,953,453.54 14,923, 554.68 100.00% Debt Service Reserves 2 5% Federal Agency Securities 11% Certificates of Deposit 10% LA IF 54°A) Investments Liquidity Book Value % of Portfolio On Demand Within One Month One Month to One Year Within One to Five Years 11,811,453.54 685, 000.00 2,457,000.00 14,953,453.54 78.99% 0.00% 4.58% 16.43% 100.00% COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY INVESTMENT INVENTORY WITH MARKET VALUE AS OF SEPTEMBER 30, 2007 1AIF LOCALAGENCY INVESTMENT SI fBTO"I'AL LAIF $ 8,025,740.04 $ $ 8,025,740.04 $ 8,025)40.04 $ 8,025,740.04 $ 53.78% CD ALLEGIANCE. CMN'I' BK SOUTH ORANGE $ 99.000.00 $ 09/29/0R 5.250 99,000.W 95,0W.00 97,000.00 95,0W.W 98,0(Nl.00 97,000.00 95,000.00 97 000.00 99,000.00 95,000.00 99,000.00 100,000.00 99,000.00 95,000.00 99.000.00 Gash Account Balance 1,0R7.19 CD AMERICAN NATIONAL BANK 01 / 16/09 3.650% CD BANK OFOKLAMIOMA 04/16/09 3.200% CD BRIDGEVIFW 13&'I' CO 05/05/09 3.850'Y (.'D CARROLL COUNTY TC OF MO 06/18/08 2.950% CD COLONIAL BANK, NA 11/13/07 3.000% CD COMMUNITY BANK OFRAVENSWOOr) 04/14/09 3.500% CD EUROBANK 05/14/08 CD EVF.RRANK 04/30/09 CD FARMERS R&7' 05/09/08 CD FIRST IN'I'ERNI;T I3K OF IN 01/28/10 CD THE FIRST NB OF SHELRY CI ) 06/18/08 CD 1RIDSON UNrrED RANK 05/13/0R CD MILLENNIUM BANK, NA 1 1 /07/08 CD PEACHTRBE NATI.13ANK 10/31/08 CD SOVEREIGN BANK 05/05/09 3.300% 3.800% 3.450% 4.150% 2.9009. 3.500% 3.600% 3 400 % 3.650' 98,857.44 99.856`3: 96,8137.34 306.90 97.866% 92,028.40 96.872% 94.811.68 97.744% 93,373.60 98.288 97,736.38 99.731% 94,397.49 97.317%• 93,784.95 98.721% 94,758.33 97.689% 97,831.80 9R 820% 92,51 8.60 97.3RR% 97,271.46 9K 254% 9R,R45.00 98.R45% 97,119.99 98.101 % 93,034.45 97.931% 96,439.86 97.414% 1.087.19 (142.56) (2,112.66) (2,971.60) (2,188.32) 238.02 (1,626.40) (263.62) (2,602.51) (1,215.05) (2.241.67) 290.00 (1,168.20) 334.84 (2,481.40) 243.84 (1,728.54) (1,155.00) 302.72 (1,880.01) (1,965.55) 306.90 (2,560.14) SUBTOTAL CD - CDC $ 1,559,087.19 $ 1,530,783.96 $ 2,023.22 $ (28,3113.23) 10.264E Page 1 of 2 AGENCY FMB STEP COUPON 05/12/09 AGENCY F11LMC 09/03/10 AGENCY FEDERAL FARM CR 08/27/12 AGENCY FEDERAL HOME LN 11/16/09 AGENCY FEDERAL (TOME LN 09/13/11 AGENCY FNMA 02/25/11 AGENCY FEDERAL NAZI. MTG 01/30/09 COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY INVESTMENT INVENTORY WITH MARKET VALUE AS OF SEPTEMBER 30, 2007 3.250% 4.000% 5.650%c 4.000% 4.800% 4.000%. 4.000% 300,000.00 95,000.00 500,000.00 504,375.00 100.875% 95,000.00 94,108.90 395,000.00 393,396.30 99.594% 100,000.00 98,313.00 99,000.00 98,319.87 300,189.00 100.063% 93,702.30 98.634% 99.062% 98.313% 99.313% 316.67 316.67 189.00 (1,297.70) 4,375.00 (891.10) (1.603.70) (1,687.00) (680.13) SUB'l'OI'AL FEDERAL AGENCY SECURITIES - CDC $ 1,584,000.00 $ 1,582,404.37 $ 633.34 $ (1,595.63) 10.60% DEUTSCHE BANK 2004 TAB REDEVELOPMENT FUND INVESTMENT 1'REASIIRY MONEY FUND $ 1,395,805.49 $ 2005A TAB RESERVE ACCOUNT 2,344,080.00 2,344,080.W UBS FINANCE 100.003% 1.00 28,012.74 28,012.74 2005A TAB COST OF ISSUANCE FUND 2,312.91 2,312.91 INVESTMENT TREASURY MONEY FUND 2005A TAR RESERVE ACCOUNT INVESTMENT TREASI IRY MONEY FUND 2005B'T'AB RESERVE ACCOUNT INVESTMF.NTTREASURY MONEY HIND 2005B TAB COST OF ISSUANCE FUND INVESTMENTT'REASIIRY MONEY FUND 1,395,805.49 1.00 1,00 9,539.56 9,539.56 4.875.61 4,875.61 1.00 1.00 $ SUBTOTAL WITH CASH FISCAL AGENT $ 3,784,626.31 $ 3,784,626.31 $ - $ 25.36% GRAND TOTAL $ 14,953,453.54 $ 14,923,554.68 $ 2,65656 $ (29,898.86) 100.00% Page 2 of 2