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2011 06-21 CC CDC AGENDA PKT
Agenda Of The 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 — June 21, 2011 — 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 be receptive to your concerns in this community. Your participation in local government will assure a responsible and efficient City of National City. We invite you to bring to the attention of the City Manager/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 CALL 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 interpretation en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. Council Requests That All Cell Phones ------ --- - And Pagers Be Turned Off During City Council Meetings COPIES OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.nationalcitvca.gov CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 6/21/2011 - Page 2 PRESENTATIONS 1. Employee of the Month for June 2011 — Bonifacio Salazar — Housing Inspector. (Housing & Grants) 2. Port of San Diego — Waterfront Activation. 3. Development Services Department Quarterly Report and Capital Improvement Program and Consultants Update. (Development Services) 4. Proposed Bonds/Capital Improvement Project Implementation Plan (Development Services/Engineering) CITY COUNCIL CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters, which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 5. Approval of the Minutes of the City Council/Community Development Commission Regular Meetings of May 3, 2011, May 17, 2011 and June 7, 2011. (City Clerk) 6. 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) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 6/21/2011 - Page 3 CONSENT CALENDAR (Cont.) 7. Resolution of the City Council of the City of National City approving a 3-year contract agreement between the City of National City and D-Max Engineering, Inc. for the not -to -exceed amount of $250,000 per fiscal year to provide the City with engineering, environmental services and assistance with implementing National Pollutants Discharge Elimination System (NPDES) Permit requirements. (Funded by Sewer Service Funds) (Development Services/ Engineering) 8. Resolution of the City Council of the City of National City authorizing theMayor to execute a Second Amendment to the Agreement between the CityofNational City and EsGiI Corporation, not to exceed $245,000 to provide plan checking, building inspections and other related development services on an as - needed basis. (Development Services/Building) 9. Resolution of the City Council of the City of National City authorizing th the submittal of a Federal Safe Routes to School grant application for a Citywide Safe Routes to School Education and Encouragement Sustainability Program in the amount of $500,000 and committing to an "in -kind" local match of $100,000 for a total project cost of $600,000, and approving a partnership with Rady Children's Hospital San Diego for program delivery. (Development Services/ Engineering) 10. Resolution of the City Council of the City of National City authorizing the submittal of a Federal Safe Routes to School grant application for Pedestrian Safety Enhancements on E. 4th Street and T Avenue near El Toyon and Rancho de la Nacion Elementary Schools in the amount of $750,000 and committing to a local match of $250,000 for a total project cost of $1,000,000. (Funded by Prop. A, Gas Tax and Tax Allocation Bond. No General Funds) (Development Services/Engineering) 11. Resolution of the City Council of the City of National City approving and adopting the annual appropriation limit for Fiscal Year 2011-2012 of $45,342,955. (Finance) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 6/21/2011 - Page 4 CONSENT CALENDAR (Cont.) 12. Resolution of the City Council of the City of National City revising the population factor used in calculating the FY 2010-11 annual appropriation limit from 1.24% to 1.41% and adopting the revised appropriation limit for FY 2010-2011 of $43,916,515. (Finance) 13. Resolution of the City Council of the City of National City classifying the various components of fund balance as defined in Governmental Accounting Standards Board Statement No. 54 and designating to the City Manager the authority to determine and define the amounts of those components of fund balance that are classified as "Assigned Fund Balance." (Finance) 14. WARRANT REGISTER #46 Warrant Register #46 for the period of 05/11/11 through 05/17/11 in the amount of $1,301,924.97. (Finance) 15. WARRANT REGISTER #47 Warrant Register #47 for the period of 05/18/11 through 05/24/11 in the amount of $661,658.25. (Finance) PUBLIC HEARINGS 16. Joint Public Hearing of the City Council of the City of National City and the Community Development Commission of the City of National City to provide for public comment in accordance with Sections 33433, 33434, and 33679 of the State Health and Safety Code regarding the proposed terms and conditions for the lease of land in a Disposition and Development Agreement for real property located at 2020 and 2200 Hoover Avenue consisting of approximately 12.75 acres proposed to be leased to Paradise Creek Housing Partners LP for the construction of a 201-unit affordable multi -family housing project, related park and open space improvements, related community facilities and parking. (Redevelopment) **Companion Items No. 19, No. 32 and No. 33** CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 6/21/2011 - Page 5 PUBLIC HEARINGS (Cont.) 17. Public Hearing — Weed Abatement, Council to hear report findings regarding abated properties and associated fees; per National City Municipal Code 9.12.020 — Public Nuisance Declared -Weeds. and other Flammable Materials. (Fire) **Companion Item No. 20 ** ORDINANCE FOR ADOPTION 18. An Ordinance adopting the Land Use Code Update (Municipal Code Title 18 Zoning), which would repeal the existing Title 18 in its entirety and adopt the proposed Title 18 to implement the General Plan Update as part of the Comprehensive Land Use Update. (Community Development) NON CONSENT RESOLUTIONS 19. Resolution of the City Council of the City of National City approving the lease of the Community Development Commission of the City of National City of real property located at 2020 and 2200 Hoover Avenue to Paradise Creek Housing Partners, LP, and making certain findings in connection therewith. (City Attorney) **Companion Items No. 16, No. 32 and No. 33** 20. Resolution of the City Council of the City of National City authorizing the approval of Weed Abatement Public Hearing Findings. (Fire) **Companion Item No. 17** 21. Resolution of the City Council of the City of National City adopting a Budget for the 2011-2012 Fiscal Year. (City Manager/Finance) NEW BUSINESS 22. Temporary Use Permit — "Around San Diego" Summer Concert Series hosted by Lanare Media Group Productions at Las Palmas Park on July 9, 2011 from 12 pm to 3 pm with no waiver of fees. The applicant requests the use of the City's stage. (Neighborhood Services) CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 6/21/2011 - Page 6 NEW BUSINESS (Cont.) 23. Temporary Use Permit — Uprising Conference 2011 sponsored by Cornerstone Church of San Diego at 1914 Sweetwater Road on July 7 - 8, 2011 from 5 pm to 10 pm daily with no waiver of fees. (Neighborhood Services) 24. Temporary Use Permit — Cornerstone Church Fellowship at Las Palmas Park on July 23, 2011 from 12 pm to 6 pm sponsored by Cornerstone Church of San Diego with no waiver of fees. (Neighborhood Services) 25. Notice of Decision — Planning Commission approval of a Conditional Use Permit for a church at 1341 East 8th Street, Suites A, B and C. (Applicant: International Church of Praise) (Case File 2011-14 CUP) (Development Services/Planning) 26. Notice of Decision — Planning Commission approval of a Conditional Use Permit for tattoo and body piercing business at an existing clothing store in Westfield Plaza Bonita. (Applicant: Scott Marchand & Tony Waterman) (Case File 2011- 15 CUP) (Development Services/Planning) 27. Notice of Decision — Planning Commission finding of consistency with Downtown Specific Plan and approval of a Conditional Use Permit for the expansion of a Valero gas station convenience store and the sale of alcohol for off -site consumption at 10 Osborn Street. (Applicant: Hagman & Associates) (Case File 2011-16 DSP, CUP) (Development Services/Planning) 28. Report — Prop D Independent Committee. (City Manager) COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 29. Authorize the reimbursement of Community Development Commission expenditures in the amount of $154,862.11 to the City of National City for the period of 05/11/11 through 05/17/11. (Finance) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 6/21/2011 - Page 7 CONSENT CALENDAR (Cont.) 30. Authorize the reimbursement of Community Development Commission expenditures in the amount of $ 116,988.83 to the City of National City for the period of 05/18/11 through 05/24/11. (Finance) 31. Resolution of the Community Development Commission of the City of National City approving an agreement by and between Geosyntec Consultants, not to exceed $150,000 for as needed environmental consulting services until June 30, 2013. (Redevelopment) NON CONSENT RESOLUTIONS 32. Resolution of the Community Development Commission of the City of National City approving a Grant Agreement with Community Housing Works for $14,957,000 for the purpose of assisting Phase I of an infill affordable housing project, public facilities, open spaces and community services on 12.75 acres known as the National City Public Works Center (2200 Hoover Avenue) and former Illes Family Trust site (2020 Hoover). (Low Mod Housing Tax Allocation Bonds) (R) (Redevelopment) **Companion Items No. 16, No. 19 and No. 33** 33. Resolution of the Community Development Commission of the City of National City approving a Disposition and Development Agreement with Paradise Creek Housing Partners LP providing for the development of 201 units of infill affordable housing, public facilities, open spaces and community services on 12.75 acres known as the National City Public Works Center (2200 Hoover Avenue) and former Illes Family Trust site (2020 Hoover). (Low Mod Housing funds) (Redevelopment) ** Companion Items No. 16, No. 19 and No. 34** 34. Resolution of the Community Development Commission of the City of National City adopting a budget for the Fiscal Year 2011-2012. (Community Development/ Finance) 35. Resolution of the Community Development Commission of the City of National City adopting the Morgan Tower and Kimball Tower Budgets for Fiscal Year 2011-2012. (Community Development) CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 6/21/2011 - Page 8 NEW BUSINESS STAFF REPORTS 36. Amortization, Legal Non -Conforming Uses and Westside Specific Plan Dialogue. (Community Development) 37. Closed Session Report. (City Attorney) MAYOR AND CITY COUNCIL ADJOURNMENT Regular City Council and Community Development Commission Meeting — Tuesday — July 5, 2011 — 6:00 p.m. — Council Chambers — National City, California. ITEM #1 6/21/11 MEMORANDUM June7,2011 TO Chris Zapata, Gi ager FROM Stacey Stevuman Resources Director SUBJECT EMPLOYEE OF THE MONTH PROGRAM 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 June 2011 is Bonifacio Salazar — Housing Inspector By copy of this memo, the employee is invited to attend the Council meeting on Tuesday, June 21, 2011 to be recognized for his achievement and service. Attachment cc: Bonifacio Salazar Brad Raulston — CDC Executive Director Alfredo Ybarra — Community Development Manager Josie Flores -Clark — Executive Assistant Dionisia Trejo — Mayor/Council Office Human Resources — Office File SS:Igr Performance Recognition Program (2) Human Resources Department 140 E. 12th Street, Suite A, National City, CA 91950-3312 619/336-4300 Fax 619/336-4303 www.nationalcityca.gov RECE8/4t JUN 0 8 2011 lium,„,ra CITY Performance Recognition Award A,VRESpU., RCES nEPARTizm Nomination Form I nominate Bonifacio Salazar 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. This year Mr. Bonifacio Salazar will complete 4 years as a Housing Inspector for the City of National City. He has been thorough with his inspections, research of codes and standards and has kept current with continuing education. He has kept the City a safer place to live with his knowledge of local, state, and national housing standards. Mr. Salazar made a substantial contribution when he assisted the Healthy Homes Program with inspections and resulted in material costs reimbursements for over 150 property owners. His efforts assisted the City with improving our standing with the U.S. Department of Housing and Urban Development. Mr. Salazar has had and continues to have an excellent working relationship with fellow workers and the public. In conclusion we feel Mr. Salazar should be recognized as Employee of the Month for this dedication and commitment to the City of National City FORWARD COMPLETED NOMINATION TO: National City Performance Recognition Program Human Resources Department Nominated b tar Date: (r2C7(\1 Performance Recognition Program (4) Item # 2 06/21/11 PORT OF SAN DIEGO: WATERFRONT ACTIVATION CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 21, 2011 AGENDA ITEM NO. 3 EM TITLE: Quarterly Report — Development Services Department PREPARED BY: Lynn C°A-e-1 PHONE: x-4318 EXPLANATION: L4fr 11114-/ai1 ,5464k, Attached is the Development Services Department update to the Council on the status of development, Capital Improvement projects, revenue, permits issued and other department accomplishments. This report covers six months, (November 1, 2010 through April 30, 2011). p nt Services DEPARTMENT: Dev APPROVED B FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Accept and file the report. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: partment Highlights and Revenue Information, November 1, 2010 through April 30, 2011 ITEM #4 6/15/11 PROPOSED BONDS/CAPITAL IMPROVEMENT PROJECT IMPLEMENTATION PLAN (DEVELOPMENT SERVICES/ENGINEERING) ITEM #5 6/21/2011 Approval of the Minutes of the City Council/Community Development Commission Regular Meetings of May 3, 2011, May 17, 2011 and June 7, 2011. (City Clerk) 6/21/11 City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 To: Honorable Mayor and Council From: Michael R. Dalla, City Clerk Subject: Ordinance Introduction and Adoption Item #6 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." I9 Recycled Paper CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 21, 2011 AGENDA ITEM NO. 7.r _ _ ;M TITLE: Resolution of the City Council of National City approving a 3-year contract agreement between the City and D- Max Engineering, Inc. for the Not -to -Exceed amount of $250,000 per fiscal year to provide the City with engineering, environmental services and assistance with implementing National Pollutants Discharge Elimination System (NPDES) Permit requirements (Funded by Sewer Service Funds) PREPARED BY: Barby Tipton DEPARTMENT: Develo Divi PHONE: 336-4583 APPROVED EXPLANATION: See attached /Engineering FINANCIAL STATEMENT: ACCOUNT NO. 125-406-029-299 APPROVED: p°t,, , Finance APPROVED: MIS This agreement is for contract cost with a "Not to Exceed" amount of $250,000 per fiscal year (3 year contract). ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Agreement 2. Resolution Explanation: The Engineering Division of Development Services solicited Request for Proposals (RFP) from professional firms to provide general engineering, environmental services and assistance with implementing National Pollutants Discharge Elimination System (NPDES) Permit requirements Based upon requirements of the adopted National Pollutants Discharge Elimination System (NPDES) permit No. CAS0108758, Order No. R9-2007-0001, and the City's Jurisdictional Urban Runoff Management Program (JURMP), the City is committed continually to implement its efforts in various aspects of this program and maintain its compliance with the permit requirements. The program consists of the implementation of the Municipal, Industrial, Commercial, Residential, Land Use Planning for New Development/Redevelopment, Construction, Illicit Connection/Illegal Discharge, Education, Public Participation, and Program Assessment components as outlined in the City's JURMP. Three RFPs were received. The Engineering Division reviewed the proposals, taking into consideration, among other things, the past performance history (if any), knowledge of the environment, the type of services offered, and the cost to the City. All three firms, URS Corporation, Bureau Veritas North America, Inc. and D-Max Engineering, Inc. were interviewed on May 19, 2011. Staff is recommending D-Max Engineering to provide the as -needed services for the NPDES program for the next three (3) fiscal years. D-Max agreed to the City's request to hold fees to amounts submitted in the RFP, for the 3 year contract. The proposed scope of work is consistent with the requirements of the NPDES permit and commitments made by the City in its JURMP. The contract before Council for approval is for the general environmental and engineering services for the NPDES program, outlined in Exhibit "A". D-Max Engineering has been providing quality services and implementing the City's NPDES program on schedule and in a professional manner. This firm is familiar with the City's current NPDES program, storm drain system, and the State Permit requirements. The City has an excellent permit compliance record. The fee for performing the work is a "Not to Exceed" amount of $250,000 for each fiscal year. The funds are available from the Sewer Service Fund. Staff recommends approval of this contract. RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A THREE-YEAR AGREEMENT WITH D-MAX ENGINEERING, INC., IN THE NOT -TO -EXCEED AMOUNT OF $250,000 PER FISCAL YEAR TO PROVIDE ENGINEERING AND ENVIRONMENTAL SERVICES, AND ASSISTANCE WITH IMPLEMENTING NATIONAL POLLUTANTS DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT REQUIREMENTS WHEREAS, the Engineering Division of the Development Services Department issued Requests for Proposals to professional firms to provide the City with engineering and environmental services, and to assist implementing National Pollutant Discharge Elimination System ("NPDES") permit requirements; and WHEREAS, three responses to the Requests for Proposals were received and reviewed, taking into consideration, among other things, past performance history, knowledge of the environment, the type of services offered, and the cost to the City; and WHEREAS, staff recommends D-Max Engineering, Inc., to provide the as - needed services for the NPDES program for the next three (3) fiscal years; and WHEREAS, D-Max Engineering, Inc., is a professional engineering and environmental consulting firm, and is qualified by experience and ability to perform the services desired by the City, and D-Max Engineering, Inc. is willing to perform such services for the not to exceed amount of $250,000 per fiscal year. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the selection of D-Max Engineering, Inc., and authorizes the Mayor to execute a three-year agreement with D-Max Engineering, Inc., in the not to exceed amount of $250,000 per fiscal year to provide engineering and environmental services, and assist implementing National Pollutants Discharge Elimination System Permit requirements. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 21 st day of June, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND D-MAX ENGINEERING, INC. THIS AGREEMENT is entered into this 21st day of June, 2011, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and D-MAX ENGINEERING, INC., a water and environmental science consulting firm (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide engineering, environmental services and assistance with implementing National Pollutants Discharge Elimination System (NPDES) Permit requirements. WHEREAS, the CITY has determined that the CONSULTANT is a consultant in water and environmental sciences and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings cited in Exhibit "A " to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 15% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Barbara A. Tipton hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Arasalan Dadkhah thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed amount of $250,000.00 per fiscal year, the schedule given in Exhibit "A" without prior written authorization from the City Engineer. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A" as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. in the event the CONSULTANT and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. LENGTH OF AGREEMENT. This is a 3-year agreement expiring on June 22, 2014. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "A". 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY and CONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT's written work product for the CITY's purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. 2 City's Standard Agreement — June 2008 revision Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONSULTANT. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subCONSULTANTs, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its subCONSULTANT(s) shall require the SUBCONSULTANT to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CITY wholly independent CONSULTANTs and that the CONSULTANT's obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT, and each of its subCONSULTANTs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under 3 Citys Standard Agreement - June 2008 revision similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT's professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by .that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 4 City's Standard Agreement — June 2008 revision CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT's negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its subCONSULTANTs, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ❑ A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. 5 Cirys Standard Agreement — June 2008 revision I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California. List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. 6 City's Standard Agreement— June 2008 revision C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Maryam Babaki, P.E. Director of Development Services/City Engineer 1243 National City Blvd National City, CA 91950-4301 Phone: 619-336-4380 Fax: 619-336-4397 To CONSULTANT: Arsalan Dadkhah, Ph.D., P.E. 7200 Trade Street, Suite 119 San Diego, CA 92121 Phone: 858-586-6600 Fax: 858-586-6644 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 7 City's Standard Agreement— June 2008 revision 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY .may suffer by virtue of any violation of this Paragraph 21 by the CONSULTANT. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative 8 City's Standard Agreement — June 2008 revision of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or ]has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia H. Silva City Attorney D-MAX ENGINEERING, INC. (Corporation —signatures of two co rate officers) By: 104.141-- (Name) ia.AA,4 4 (Print) (Title) me) /------- I.0 (�'uestz�•� (Print) (Title) 9 Citys Standard Agreement— June 2008 revision EXHIBIT A SCOPE OF SERVICES D-MAx will provide storm water services to assist the City of National City in complying with NPDES permits and enhance the water quality of runoff generated within the City. The tasks anticipated to be necessary during the 2011-2012 fiscal year are categorized into two groups. Group I tasks are similar to those completed during previous fiscal years. Group II tasks are related to new regulatory requirements. Since Group I tasks are most critical for permit compliance, we propose giving these tasks first priority. The relative priorities to be assigned to different tasks will be discussed at the annual program kick-off meeting and revisited periodically at the monthly coordination meetings to ensure the City's needs are being met. Group I Tasks I® Project Coordination. We will provide all project coordination necessary to perform the work for the City's NPDES program implementation. Project coordination will include monthly project status meetings with the City of National City and other related agencies for the duration of this contract. Also included in the program coordination are: • Management of the program kick-off meeting and all necessary meetings with other concerned and involved agencies and community groups. • Management of all project -related meetings, including agenda and meeting minute preparation and distribution. • Assisting the City with coordination and correspondence with the RWQCB regarding National City's storm water program. • Data Management and GIS. To facilitate annual reporting and to manage various JURMP programs on a day-to-day basis, data must be tracked and stored in a reliable, easy -to -use manner. This includes data from the City's construction, industrial, commercial, development, and municipal programs. D-MAx has created five separate Microsoft Access databases for the City: one each for construction inspections, industrial/commercial inspections, SUSMP post -construction best management practice (BMP) tracking and inspections, municipal facilities and activities inspections, and one for tracking complaint investigations and MS4 maintenance. D-MAx will also assist the City with GIS analysis where necessary for the NPDES program. D-MAx will enter data provided by the City and regularly provide the City with copies of the databases it maintains. • Assist in Compliance Inspection Program. We will assist the City's compliance inspection team with the following services: • Conducting construction field inspections ■ Conducting industrial and commercial field inspections • Conducting SUSMP post -construction BMP inspections ■ Conducting municipal facilities and activities inspections • Conducting complaint and/or other special inspections, as applicable • Data entry into databases and generating letters to be mailed for these inspections Follow-up inspections will be conducted at construction, industrial, commercial, and SUSMP sites to encourage compliance with the City's minimum BMP requirements, reduce City staff workload related to evaluating the resolution of BMP violations, or document evidence of continued non-compliance for necessary enforcement action, as is necessary. • SUSMP Implementation and Document Preparation. We will continue to assist the City with implementation of the SUSMP program as follows. Note that review of SUSMP report and Storm Water Pollution Prevention Plan (SWPPP) documents are included under a different contract. • Assist in complying with requirements of the SUSMP • Conducting the annual Operation and Maintenance Verification and keeping up- to-date contact information for projects with permanent post -construction BMPs • Conduct coordination meetings with various City departments and assist in refinement of the SUSMP process • Review erosion and sediment control plans • Assist in selecting and implementing BMPs • Conduct educational presentations as required in the City's JURMP and Section D.5.b.(b) of the new Municipal Permit • Prepare SUSMPs and construction SWPPPs for City Capital Improvement Projects • Dry Weather Field Screening and Analytical Monitoring. This task will include conducting one round of field screening in accordance with the requirements of the Municipal Permit. The objective of this program is to detect and eliminate illicit connections and illegal discharges (IC/IDs) in order to minimize the negative impacts of human activities on receiving water bodies. The City of National City has identified 15 primary monitoring stations where data will be collected during the dry weather analytical and field screening monitoring program. In the event that a site is dry, visual observations will be recorded and an alternate site will be selected. This task will include the following: Visual Observations: Visual observations include looking for evidence of dry weather flows such as staining, corrosion, sediment, surrounding vegetation, algae, mosquito larvae, insects, and animals in the vicinity of the outfall. Field Analysis: At each site the flow and its temperature will be measured, and a sample will be taken for field analyses of the following parameters: • Specific conductance • Temperature • Turbidity • pH • Reactive Phosphorus • Nitrate Nitrogen 2 12 • Ammonia Nitrogen • Surfactants (MBAS) Analytical Monitoring: Water samples from 25 percent of the sites where ponded or flowing water is observed, will be collected and submitted to a California Department of Health Services certified laboratory for analysis of the following constituents: • Total hardness • Oil and grease • Diazinon and Chlorpyrifos • Cadmium (Dissolved) • Copper (Dissolved) • Lead (Dissolved) • Zinc (Dissolved) • Enterococcus bacteria • Total Coliform bacteria • Fecal Coliform bacteria Trash Monitoring: The Municipal Permit requires that the City implement a trash monitoring program during dry weather monitoring_ The Copermittee Dry Weather Monitoring Sub-Workgroup developed a trash assessment form and procedures for trash monitoring. We will complete a trash assessment form at each routine site visit. Dry Weather Data Conversion: The County of San Diego maintains a regional database of dry weather monitoring data collected by the Copermittees. The County requires that each City convert its dry weather monitoring data into a standard format so that it can be easily uploaded into the regional database. The process involves converting the data from tables designed for ease of reading and reference to more duplicative tables that are designed to allow for more efficient data analysis using the regional database. D-MAx will assist the City by performing this conversion process. Preparation of a Summary Report: At the conclusion of the field screening program, a report will be prepared to summarize the observations and the results of the study, including trash monitoring. The report will include our interpretation of the field data and test results as to the possible presence of IC/IDs. Reporting also includes preparing a spreadsheet of the collected data in the regionally standardized format and submitting it to the County of San Diego. II Follow -Up Investigations. During the dry weather field screening program if field investigations do not reveal a specific source of contamination, or if the results of the laboratory analysis indicate presence of pollutants in excess of action levels, further investigation will be conducted which may include the following steps: • Tracing flows or discharges upstream • Conducting field screening sampling • Contacting dischargers • Sampling for laboratory analysis • Documenting source investigations 3 13 At the conclusion of the follow-up investigations, a summary report will be prepared summarizing the findings, conclusions, and recommendations. Per Municipal Permit requirements, all laboratory analytical exceedances will be followed up within two business days of receiving the results from the lab. Also, upstream investigations for bacteria will utilize Colilert and Enterolert methods for bacterial analyses. These newer methods have a faster turnaround time than standard analysis methods, which is an advantage during upstream source tracking investigations. ■ MS4 Monitoring. The new Municipal Permit requires that the City conduct MS4 outfall monitoring. The MS4 monitoring will be conducted prior to August 1 and will include additional laboratory analytical work. The goal of the MS4 outfall monitoring program is to provide additional assessment of the potential for outfalls that discharge directly to receiving water bodies to discharge pollutants of concern associated with the applicable receiving water body. D-MAx will conduct MS4 outfall monitoring as described in the Copermittees' MS4 outfall monitoring workplan. We will also provide a spreadsheet of the MS4 outfall monitoring data in the regionally standardized format in advance of the regionally established deadline for targeted dry weather MS4 outfall monitoring data submittal. ■ JURMP Annual Report. As a requirement of the Municipal Permit, the City must produce an annual report to the RWQCB detailing the activities that have been conducted during the previous reporting period to reduce pollutants in urban runoff. The JURMP Annual Report to be submitted by September 30 of each year, will document the activities that the City has conducted during the past reporting period of July 1 of the previous year through June 30 of the same year. Annual reports will be prepared and submitted by the end of September in each year, starting with the annual report for the 2010-2011 fiscal year due by the end of September 2011. Report preparation includes the following: Coordinate Information Transfer with City personnel Contacting several City departments to acquire information on the program implementation and special activities carried out through the year. We will have initial meetings with responsible personnel at each department to prepare a plan for receiving information regarding the implementation of the City's JURMP. We will stay in contact with the City's departments thereafter. Pertinent information will be acquired under this task to be used in the report. Review and Respond to RWQCB Comments If any comments on the City's JURMP Annual Report are received, we will prepare a response to those comments and include it as an attachment to the next JURMP Annual Report_ Prepare JURMP Annual Report This task includes the preparation of the JURMP Annual Report in accordance with Section I of the Municipal Permit. A draft report will be prepared and submitted to the City for comments, after which a final report will be prepared. The number of hard copies and electronic copies of the final report required for submittal and for City records will be prepared and delivered to the City. The following sections will be included in the report: 4 14 ► Executive Summary: will include summary of overall changes in requirements and lists of key achievements for the various elements of the City's program. ► Introduction: will include a summary of the City's storm water program, the relevant regulatory requirements, and a summary list of key achievements. ► Development Planning: will include descriptions of the City's efforts to require BMP implementation for new development and redevelopment projects, including the City's SUSMP; treatment control BMP inventory update; treatment control BMP inspections; and treatment control BMP operation and maintenance verifications. ► Construction: will include a description of the City's BMP requirements and inventory management and inspection efforts, including enforcement. ► Municipal: will include descriptions of the City's updated programs for activities such as street sweeping, MS4 maintenance, and fertilizer management. A description of the City's inspections of municipal facilities and activities, including any relevant enforcement action, will also be included. ► Industrial/Commercial: will include a description of the City's BMP requirements and inventory management and inspection efforts, including enforcement. It will also include a discussion of the City's efforts with respect to mobile businesses. ► Residential: will include a description of the City's education and enforcement efforts, including complaint investigations, related to residential areas. ► Illicit Discharge Detection and Elimination (IDDE): will include descriptions of complaint receipt and responses, mechanisms to prevent and respond to sanitary sewer spills, Dry Weather Monitoring Program results, responses to recommendations generated based on the previous year's Dry Weather Monitoring Program, and a summary of the illicit connections and illegal discharges detected in the City and how they were resolved. ► Education: will include descriptions of various educational efforts by the City. The new Municipal Permit emphasizes presenting educational efforts categorized by type of target audience. ► Public Participation: will include a description of the City's efforts to involve the public in the development and implementation of its storm water program. ► Fiscal Analysis: will include a summary of the funding sources for the City's storm water program and budget line items. A new fiscal analysis framework has been developed by the Copermittees, and it will need to be implemented for the 2009/2010 JURMP Annual Report. Adapting the City's financial information to the new format will require developing a different structure for the section and working with the City to match financial data to the standard categories provided in the new fiscal analysis framework adopted by the Copermittees. ► Effectiveness Assessment: will include analyses of the effectiveness of the City's storm water program. The matrix presented in the City's 2008-2009 JURMP Annual Report will be used as a guideline for this section, and 5 15 graphs of Dry Weather Monitoring Program data similar to what has been presented in previous annual reports will also be prepared. ► Special Investigations: will include a summary of any additional progress on the clean community program and any other relevant special studies completed during 2009-2010. ► Conclusions: will include a brief conclusions section similar to what has been presented in previous annual reports. 1.1 Training and Education. D-MAx will conduct educational workshops and/or prepare education materials at the City's request to target audiences identified in the JURMP document. An educational calendar has been prepared in each of the last several years with storm water art generated by holding a popular third grade art contest. We will coordinate with the City each year to determine if a similar approach should be used in or whether a different approach will be more beneficial. Educational content for other programs may cover a variety of topics related to storm water quality and watershed concepts listed in the JURMP and will be tailored to each specific audience. Most likely the City will focus its outreach efforts on one or two target audiences or topics; workshops and target audiences could include those listed below: Planning and Engineering Departments The goal of this workshop will be to inform the Planning and Engineering Departments of general concepts listed in the JURMP and to address new Permit requirements relevant to each department. The Permit requires changes in land - use planning and engineering aspects of new development and redevelopment projects within the City, including the implementation of the City's SUSMP. Among the new requirements is the implementation of Low Impact Development (LID) measures for all development projects and hydromodification management measures for Priority Development Projects Subject to SUSMP. Public Works Staff The workshop will be targeted towards public works employees and will focus mainly on the practical aspects of BMP implementation. It will also address changes in public works operations required by the Municipal Permit, such as effects on channel maintenance and storm drain cleanout frequency. In the event that the City's NPDES Storm Water Compliance Inspector conducts this training, D-MAx will not provide a training session for this audience. Construction Inspectors The educational workshop for construction inspectors will include general concepts listed in the JURMP and additionally cover such topics as BMP implementation and maintenance, good housekeeping measures, site inspections and inspection frequency. School Students We will assist the City in providing training workshops for school students. The topics for these workshops include the source of pollutants, the impact of pollutants on the receiving water bodies and BMPs to prevent the pollutions. Workshops 6 16 At the request of the City, we will provide targeted educational workshops for various industry or stakeholder groups. D-MAx has recently conducted workshops for industrial businesses, automotive businesses, the development and construction industry, and City residents. Educational Materials We will assist the City in developing educational materials such as pamphlets, calendars, articles for newsletter or websites, or fact sheets. These materials may to be targeted at the development community, City residents, industrial and commercial businesses, City staff, or other audiences. The Municipal Permit requires additional education related to watershed concepts and watershed pollutants of concern. ■ Watershed Urban Runoff Management Program. The City of National City is located within the San Diego Bay Watershed. The Municipal Permit requires each Copermittee to collaborate with other Copermittees within its watershed to identify and mitigate the highest priority water quality issues/pollutants in the watershed. D-MAx will coordinate with the watershed Copermittees on behalf of the City of National City and fulfill the group requirements per the City instructions. Since 2004 we have assisted the City by helping write the San Diego Bay WURMP Annual Reports, and the City has been listed as among the primary authors of those annual reports. The City is also required to implement activities that measurably change knowledge, awareness, or behavior or target audiences and activities that result in significant pollutant load reductions or source abatement each year. We will assist the City with implementing these activities to meet WURMP requirements. El Representing the City in Various Meetings. D-MAx will represent the City of National City in various meetings including those with other Copermittees, the Regional Board, and/or Regional Workgroups. The City has taken on the responsibility of serving as the secretary for the Regional WURMP Workgroup, and we will assist the City in fulfilling that responsibility. ■ Other Storm Water Services. It has been our experience with other local municipalities and with the City of National City that storm water related situations arise from time to time that require immediate or expert action. D-MAx will be pleased to provide any other as -needed, on -call services to the City of National City that have not been identified above. Group II Tasks Source Identification Special Studies. Additional monitoring studies may be necessary for source investigation purposes, including for efforts linked to WURMP activity implementation to address watershed pollutanTs of concern or to TMDLs. In some portions of the City exceedances have been noted for several consecutive years in the dry weather monitoring program, and it may be necessary to perform additional monitoring beyond the typical dry weather follow-up investigations to evaluate the effectiveness of measures taken to address the sources of the exceedances. The current Municipal Permit also includes requirements for effectiveness assessment, including outcome 7 17 levels 4, 5, and 6 (load reduction, change in quality of discharge, and change in receiving water quality). Additional monitoring may be required to evaluate the effectiveness of City activities in accordance with these requirements. ■ Web -Based Database Development. The City's current NPDES program databases are in MS Access format, however the City is transitioning to the use of a web -based data management system. Since D-MAx currently maintains the databases, we propose to work with City or data management staff in transitioning to the online system and structuring the system to track the data that the City wants to have accessible online, such as industrial, commercial, construction, and SUSMP site inventories and inspection results. Using a web -based database will allow for both City and D-MAx users to access up to date data without the process of transferring MS Access files back and forth. This will help the City better comply with Municipal Permit requirements through more effective information transfer and a clearer understanding of where enforcement actions are needed. ■ TMDL Planning. The Paleta Creek/7th Street Channel TMDL is currently under development, and TMDLs related to 303(d) listed impairments at Sweetwater River in the City of National City are proposed in the future. We will use monitoring data, inspection data, land use information, and other relevant data to prepare a strategic framework for taking actions with respect to TMDL regulations. The framework will include an assessment of sources within the watershed for each impaired water body, an assessment of potential BMPs or related management measures to address the identified sources, and methods that can be used to assess the effectiveness of implementing the BMPs. A draft framework document will be prepared and provided to the City for review. Review comments will be incorporated, after which the document will be finalized and delivered to the City. 8 18 FEE SCHEDULE & 20 ...'012 COST SUMMARY We propose to complete the aforementioned services on a time and materials basis (not to exceed $250,000 total) in accordance with the attached schedule of fees. Our estimated costs are listed below. Principal Engineer Project Scientist Asst Proj Scientist Staff Scientist II Staff Scientist Drafter Word Processor ODC* Total Rate $140 $110 $100 $92 $85 $65 $55 Group I Tasks Project Coordination 40 40 20 $400 $12,400 Data Management and GIS 4 20 24 16 40 $8,832 Assist in Compliance Inspection Program 12 24 70 90 400 66 S1,800 $59,030 SUSMP Implementation and Document Preparation 40 30 48 20 8 $100 $16,080 Dry Weather Analytical Monitoring and Field Screening 12 6 24 16 78 4 7 $3,295 $16,782 Follow-up Investigations 8 4 16 8 56 4 4 $2,900 $12,036 MS4 Monitoring 2 2 6 24 2 2 $1,500 $4,880 JURMP Annual Report 20 50 130 30 12 $200 $24,920 Training and Education 20 20 60 20 20 $5,000 $18,940 Watershed Urban Runoff Management Program 6 40 54 30 12 $700 $14,760 Representing the City in Various Meetings 30 50 16 $800 $12,100 Other Storm Water Services 8 8 16 20 8 $200 $5,940 Sub -Total 202 294 484 230 578 10 179 $16,895 $206,700 Group ll Tasks Source Identification and Special Studies 10 24 32 120 8 16 $3,120 $21,960 Web -Based Database Development 6 40 80 20 $14,340 TMDL Planning 12 12 40 $7,000 Sub -Total 28 76 152 0 120 8 36 $3,120 $43,300 Overall Totals 230 370 636 230 698 18 215 $20,015 $250,000 *ODC for Dry Weather Monitoring includes laboratory analytical costs, and ODC for Training and Education includes outside printing of materials (e.g., calendars). FEE SCHEDULE & 2011-2012 COST SUMMARY January 1, 2011 This Schedule of Fees will be adjusted periodically. The new fee schedule will apply to all existing and new work. LABOR Classification Clerk* Word Processor* Drafter* Technician* Senior Technician* Staff Scientist/Engineer I Staff Scientist/Engineer II Assistant Project Scientist/Engineer Project Scientist/Engineer Senior Scientist/Engineer Principal Scientist/Engineer Hourly Rate $ 50 55 65 65 75 85 92 100 110 120 140 * Overtime (in excess of 8 hours per day) and weekend hours will be charged at 1.5 times the above rates for non-exempt personnel. Field and hourly services will be charged portal to portal from our office, with a two-hour minimum. Appearance as expert witnesses at court trials, mediation, arbitration hearings and depositions will be charged at $200/hour. Time spent preparing for such appearances will he charged at the above standard hourly rates. OTHER CHARGES Subcontracted services, such as sub consultants, outside testing, drilling, and surveyors, will be charged at cost plus 15%. Other project -specific costs, such as rentals, expendable or special supplies, special project insurance, permits and licenses, shipping, subsistence, tolls and parking, outside copying/printing, etc., will be charged at cost plus 15%. Mileage will be charged at a rate of $0.57 per mile. Client will he responsible for any applicable taxes in addition to the fees duc for Services. 20 A CERTIFICATE OF LIABILITY INSURANCE DATE(AIM/DD/Y'T" 1 12/27/2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, ANO THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must he endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Cavignac & Associates 450 B Street, Suite 1600 San Diego, CA 92101-8005 INSURED D-WAX Engineering, Inc. 7220 Trade Street, Suite 119 San Diego, CA 92121 United Slates COVERAGES CONTACT NAME: Certif icate Department PHONE AX IA/C No ErF Ertl: 619-214-6840 tAc Nn)819-234-8601 E-MAIl ADDRESS: certifiCatetigcavignac r1 m PRODUCER CUS TOMER10g: MAX E-1 INSURERS) AFFORDING COVERAGE ]NSURERA:TRAIIF'r Fpc 2Bnp r'AS rE r3E AMP..R INSURER B : CAT', 1 N INS CO INSURER C INSURER D INSURER E INSURER F NAIC 7574 19518 THIS REVISION NUMBER:R IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUREDNAABOVE THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONIRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES- LIMITS SI TOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. - INSR LTR TYPE OF INSURANCE AOOL SUER EN POLICY INSR WVO POLICY NUMBERPOLICY EXP - — —_ IMMIUUryYYyj (MMl00lYYY1'h LIMITS GENERAL X DABILITY COMMERCIAL GENERAL 68073501,522 1/1/2011 1/1/2012 EACH OCCURRENCE $ t,ono,000 I TABU JTY l E1S42ADE I X I DAMAGE TO RENTED PREMISES (Ea occurrence $ 1, 000, 000 X OCCUR Contractual Liab_ MED EXP (Any one person) $ 10,000 X Separation of Insureds PERSONAL & MTV INJURY $ 1, 000, 000 GENT AGGREGATE GENERAL AGGREGATE $ 2,000,000 LIMIT APPLIES PER: — I X—I FT ILOC. AUTOMOBILE X I'ABILITY ANYAUTO RA89241,251 -- I/1/2011 -- 1/L/201.2 COMBINED SINGLE LIMIT (Ea accident} $ 1, 000, 000 ALL OWNED AUTOS BODILY INJURY (Per person) $ _ SCIIODVLED AUTOS - BODILY INJURY (Per act/dent) $ HIRED AUTOS NON PROPER] Y DAMAGE (Per arciAent) -OWNED AUTOS $ UMBRELLA LIAB EXCESS LIAB O OCCUR EACH OCCURRENCE $ CLAIMS -MADE DEDUCTIBLE AGGREGA rE $ b WORKERS RETENTION 5 $ e COMPENSATION BI ANO EMPLOYERS'LAALTTY YIN UBS527Y520 1/1/2011 1/ L/7012 WC STA7l1-5 )LITORY l IM17 OTH- ANY PROPRI£TORIPAR FNER/EXECUTN£ OFFICER/MEMBER EXCLUOEU7 1 J (Mandatory in NH) NIA EL EACH ACCIDENT $ 1, 000, 000 If yes, dese,be under El DISEASE - EA EMPLOYES $ 1, 000, 000 D DESCRIPTION OF OPERATIONS below EL DISEASE -POLICY LIMIT 1,000,000 B DESCRIPTION Professional Liability OF OPERATIONS ! LOCATIONS AED985360117 L/1/2011 1/1/2012 F.a Claim & Ayg n•.q $ S1,000,000 I VEHICLES tAttach ACORD 101, Additional Remarks Schedule, if more space is rev tired) RE: Storm Water Services_ The City of National City, its elected officials, officers, agents, and employees are additional insured with respect- to general liability per attached & auto liability per policy form- waiver of Subrogation applies to workers compensation per attached_ CERTIFICATE HOLDER ...��.. -_. .. City of National City 1243 National City Blvd_ National City, CA 91950-4197 d States SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE - THE EXPIRATION DATE THEREOF, NOTICE WILL 8E DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS AUTHORIZED REPRESENTATIVE Dorothy Amundson ACORD 25 (2009/09) The ACORD name and logo are registered © 1988-2009 marks of AC RDORD CORPORATION. All rights reserved Page 2 of 5 EXIGIS - CAVIIX-ad ASSOf1ATV, 1Jola0 POLICY NUMBER: 680 73501,622 COMMERCIAL GENERAL LIABILITY DATE ISSUED: 1/1/2011 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): PROJECT/LOCATION OF COVERED OPERATIONS: PROVISIONS A. The following is added to WHO IS AN INSURED (Section II): The person or organization shown in the Schedule above is an additional insured on this Coverage Part, hut only with respect to liability for "bodily injury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing operations; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products - completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage", or "personal injury" for which that person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply to the rendering of or failure to render any "professional services". e. The limits of insurance afforded to the additional insured shall be the limits which you agreed in that "contract or agreement requiring insurance" to provide for that additional insured, or the limits shown in the Declarations for this coverage part, whichever are less. This endorsement does not increase the limits of insurance stated in the CG 03 82 09 07 2007 the travelers Companies. Inc. Page I of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission 22 Page 3 of 5 LIMITS OF INSURANCE (Section III) for this coverage part B. The following is added to paragraph a. of 4. Other insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that, for the additional insured shown in the Schedule, the insurance provided to that additional insured under this Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional to such additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance" for such additional insured. But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when the additional insured is also an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in CGD3820907 COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): We waive any rights of recovery we may have against the additional insured shown in the Schedule above because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" on or for the project, or at the location, shown in the Schedule above, performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that additional insured. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insurance" with that additional insured entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that any contract or agreement under which you are required to include the person or organization shown in the Schedule as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal injury" is caused by an offense committed. a_ After you have entered into that contract or agreement, b. While that part of the contract or agreement is in effect, and c. Before the end of the policy period. 2007 The Travelers Companies, Inc. Page 2 of 2 Includes the copyrighted material of Insurance Services Office. Inc., with its permission 23 Page 4 uI 5 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (00) POLICY NUMBER: Uess27Y62B WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule_ You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be % ofthc California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR WHICH THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER Page 5 of 5 24 COMMERCIAL AUTO POLICY NUMBER: BA-8924L251 ISSUE DATE: 06-10-11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name of Person(s) or Organization(s): THE CITY OF NATIONAL CITY, ITS ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES 1243 NATIONAL CITY BLVD. NATIONAL CITY, CA 91950-4397 RE: STORM WATER SERVICES (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section 1I of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT EETING DATE: June 21, 2011' AGENDA ITEM NO. 8 EM TITLE: A Resolution of the City Council of the City of National City authorizing the Mayor to execute a Second Amendment to the Agreement between the City of National City and EsGil Corporation, not to exceed $245,000 to provide plan checking, building inspections and other related development services on an as -needed basis. PREPARED BY: Lynn Co PHONE: x-4318 EXPLANATION: DEPARTMENT: Development Se ' Building Divisio APPROVED BY: On August 19, 2008 the City and Esgil Corporation entered into an Agreement to provide plan checking, building inspection, and other related development services on an as -needed basis. The Agreement was for two years, with the option of the City to extend the agreement at one-year intervals, up to three extensions. On August 3, 2010, the City entered into the First Amendment to the Agreement and extended the term of the Agreement for one year, expiring on August 19, 2011. The proposed Resolution would be the second amendment to the Agreement, extending the Agreement for an additional one year, from August 19, 2011 to August 18, 2012. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED:Finance APPROVED: MIS The FY 2011-12 Budget contains $150,000 in account 001-406-028-213, and $130,000 in account 120-406-028-213 to cover plan checking, building inspection and other related development services provided by EsGil Corporation. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: •TTACHMENTS: 2nd Amendment to Agreement 2. Resolution RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND ESGIL CORPORATION IN THE NOT TO EXCEED AMOUNT OF $245,000 TO PROVIDE PLAN CHECKING, BUILDING INSPECTIONS, AND OTHER RELATED DEVELOPMENT SERVICES ON AN AS -NEEDED BASIS WHEREAS, on August 19, 2008, the City Council adopted Resolution No. 2008- 164 to enter into a two-year agreement with Esgil Corporation to provide plan checking, building inspection, and other related development services on an as -needed basis; and WHEREAS, said Agreement provided the option to extend the term of the Agreement for a one-year period for up to three years; and WHEREAS, on August 3, 2010, by the adoption of Resolution No. 2010-171, the City Council authorized a one-year extension of the Agreement from August 19, 2010 to August 19, 2011, for the not to exceed amount of $245,000; and WHEREAS, the City and Esgil Corporation desire to extend the term of the Agreement for another one-year period, from August 19, 2011 to August 18, 2012, for the not to exceed amount of $245,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Second Amendment to Agreement between the City and Esgil Corporation to extend the term for one year from August 19, 2011 to August 18, 2012, for the not to exceed amount of $245,000, to provide plan checking, building inspections, and other related development services on an as -needed basis. Said Second Amendment to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 21st day of June, 2011. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND ESGIL CORPORATION TO PROVIDE PLAN CIIECKING, BUILDING INSPECTIONS AND OTHER RELATED DEVELOPMENT SERVICES ON AN AS -NEEDED BASIS This Second Amendment to the Agreement is entered into this 21st day of June, 2011, by and between the City of National City, a municipal corporation ("the CITY"), and EsGil Corporation (the "CONSULTANT"). RECITALS A. The CITY and the CONSULTANT entered into an Agreement on August 19, 2008 ("the Agreement"), wherein the CONSULTANT agreed to provide plan checking, building inspection, and other related development services on an as - needed basis. B. The Agreement provided an option to extend the term of the Agreement for one- year, with up to three extensions. C. On August 3, 2010, CITY and CONSULTANT entered into the First Amendment to the Agreement to extend the term of the Agreement for a teen of one year, expiring on August 19, 2011. D. The parties desire to exercise the option to extend the Agreement for the second of the three one-year extensions by extending the term of the Agreement for one additional year, from August 19, 2011 to August 18, 2012. NOW, THEREFORE, the parties hereto agree as follows: 1. The length of the Agreement, stated at Section 6, is extended for one year, from August 19, 2011 to August 18, 2012; and, 2_ The compensation stated in Section 4 of the Agreement shall remain unchanged, with one exception. The not to exceed amount referenced in the fourth sentence of the third paragraph of Section 4 shall be amended for the term of this extension, as follows: The total cost for all work described in Exhibit `B" shall not exceed two -hundred forty-five thousand dollars ($245,000.00) for the term of this extension, specifically August 19, 2011 to August 18, 2012, without prior written authorization from the CITY. 3. Each and every term of the Agreement, shall remain in full force and effect, except for the amendment contained herein_ IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY ESGIL CORPORATION By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia G. Silva, Esq. City Attomey By: Kurt ulver, Vice President Chuck Mendenhall, Vice President AC4 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS :ERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES IELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED IEPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDO/YYYY) 9/23/2010 IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Cavignac r Associates 450 B Street, Suite 1800 San Diego, CA 92101-8005 INSIIRED EsGi1 Corporation 9320 Chesapeake Drive, #208 San Diego, CA 92123 United States CONTACT NAME- Certificate Department PHONE (AFC No Est), 619-234-68413 E-MAIL ADDRESS: certificatesscavignac com PRODUCER CUSTOMER 100: ESGIL-1 INSURER(S) AFFORDING COVERAGE FAX No):619-234-8001 NAIC INSURER A: TRA77RT.RR4 IND CO OF CT 75 FR9 INsuRERa:TRAVELERS PROP CAS CO OF AMER 25674 oisuRERc:BEAZLEY INS CO INC 37540 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 120768 • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED_ NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS_ NSRr LTR TYPE OF INSURANCE ADDL SUBR IN SR WVO POLICYNLJMBER PMDDtyYrCY POLICY EXP [MM1D0lYYYYI (MM/DOryYYY) LIMBS R GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY 6801052T972 9/30/201U 9/1/2011 EACH OCCURRENCE S 1,000,000 DAMAGE I RENTED PREMISES /Ea occurrence) $ 1, 000, 000 CLAIMS -MADE I X I OCCUR MED EXP (Any one person) $ 10, 000 X Separation of Insureds PERSONAL A AININJURY $ 1,000,000 X contractual Liability GENERAL AGGREGATE $ 2, 000, 000 DEN/ AGGREGATE LIMIT APPLIES PR POLICY X JEC0.7 PER: Lou PRODUCES - COMP/OP AGG $ 2, 000, 000 Deductible $ 0 AUTOMOBILE X LIABILITY ANY AUTO RA066311034 9/30/2010 9/1/2011 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ $ UMBRELLA DAB EXCESS LIAS OCCUR CI -AIMS --MADE EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ 3 WORKERS COMPENSATION ANOEMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? (Mandatory in NH) II yes, describe under DESCRIPTION OF OPERATIONS below YIN N 1 A UB0675T169 9/1/2C 10 9 /1/2011 x WC STATJ- TORY LIMI(S OTH- ER EL EACH ACCIDENT $ 1, 000, 000 EL DISEASE -EA EMPLOYEE $ 1, 000, 000 EL DISEASE -POLICY LIMIT $ 1, 000, 000 C Prof ssiona1 Liability V15NOK100501 9/30/2010 9/1/2011 Each Claim $1,000,000 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, it more space Is required) CANCELLATION City of National City 1243 National City Blvd. National City, CA 91950-4397 United States SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPRTATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Jeff Cavignac ACORD 25 (2009/09) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 2of2 EXIGIS - CAVIGNAC 3 ASSOCIATES 120768 TRAVELERS WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (00) POLICY NUMBER: UHo675TI69 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS COMPLETED A WRITTEN AGREEMENT TO PROVIDE THIS WAIVER. 4 POLICY NUMBER: 5801O52T972 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to include as an additional insured on this Coverage Part, but only with respect to liability for "bodily injury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing operations; b. In connection with premises owned by or rented to you; or C. In connection with "your work" and included within the "products -completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that person or organization has assumed liability in a contract or agreement. The insurance provided to the additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. e. This insurance does not apply to the rendering of or failure to render any "professional services". f. The limits of insurance afforded to the additional insured shall be the limits which you agreed in that "contract or agreement requiring insurance" to provide for that additional insured, or the limits shown in the Declarations for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part_ B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Coverage Part must apply on a primary basis, or a primary and non- contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance". But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insurance" with such person or organization entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal injury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. CG D 3 81 09 07 02007 The Travelers Companies, Inc. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT ETING DATE: June 21, 2011 AGENDA ITEM NO. 9 EM TITLE: Resolution of the City Council of the City of National City authorizing the submittal of a Federal Safe Routes to School grant application for a Citywide Safe Routes to School Education and Encouragement Sustainability Program in the amount of $500,000 and committing to an "in -kind" local match of $100,000 for a total project cost of $600,000, and approving a partnership with Rady Children's Hospital San Diego for program delivery PREPARED BY: Stephen Manganiello, Traffic Engineer/LI° DEPARTMENT: Developmen ices / PHONE: 619-336-4382 APPROVED BY: Engine�riragi`l EXPLANATION: See attached. • FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: ay) APPROVED: Finance MIS In -kind matching funds represent staff time to be spent working on the project over a four-year period; therefore, there is no financial impact. Upon notification of grant award, staff will return to Council to accept the grant and execute an agreement with Rady Children's Hospital for program delivery. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD 1 COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Explanation 2. Resolution 3. Approved Request to Apply for Grant Form w/ Grant Proposal from Rady Children's Hospital Explanation Staff is requesting authorization to submit a Federal Safe Routes to School (SRTS) grant application for a Citywide Safe Routes to School Education and Encouragement Sustainability Program in the amount of $500,000 and committing to an "in -kind" local match of $100,000 for a total project cost of $600,000, and approving a partnership with Rady Children's Hospital San Diego for program delivery. In -kind matching funds represent staff time to be spent working on the project over a four-year period; therefore, there is no financial impact. Rady Children's Hospital San Diego Center for Healthier Communities approached staff regarding the Safe Routes to School grant opportunity and is very excited to partner with the City. Rady Children's Hospital San Diego is a local non-profit organization committed to providing community -based programs to address the cause of injuries to children and implement programs to enhance safety (see attachment for additional background). Since 2000 The Center for Healthier Communities at Rady Children's Hospital has participated in Safe Routes to School programming in communities demonstrating a desire to enhance safety. In 2006, Rady Children's Hospital partnered with the City of San Diego and was awarded a Federal SRTS grant to implement a Safe Routes to School Program in all 26 elementary schools in Southeasternern San Diego (District 4). Rady Children's Hospital is willing to assist staff with preparation of the grant application and, if successful, enter into an agreement with the City for program delivery. It is estimated that the program will be implemented over a four-year period to provide a sustainable education and encouragement program for all 14 schools Citywide. This grant will build upon previous Safe Routes to School efforts to enhance safety along walking routes between schools and feeder neighborhoods, educate students and parents about traffic safety, expand the volunteer "Parent Patrol" program, and encourage more students to walk to school. Therefore, staff is requesting City Council Resolution supporting the project, committing to "in -kind" matching funds, and approving a partnership with Rady Children's Hospital for preparation of the grant application and program delivery. RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE SUBMITTAL OF A FEDERAL SAFE ROUTES TO SCHOOL GRANT APPLICATION FOR A CITYWIDE SAFE ROUTES TO SCHOOL EDUCATION AND ENCOURAGEMENT SUSTAINABILITY PROGRAM IN THE AMOUNT OF $500,000, COMMITTING TO AN "IN KIND" LOCAL MATCH OF $100,000 FOR A TOTAL PROJECT COST OF $600,000, AND APPROVING THE PARTNERING WITH RADY CHILDREN'S HOSPITAL SAN DIEGO FOR PROGRAM DELIVERY WHEREAS, Rady Children's Hospital is a local non-profit organization committed to providing community -based programs to address the cause of injuries to children and implementing programs to enhance safety; and WHEREAS, since 2000, Rady Children's Hospital San Diego Center for Healthier Communities has participated in Safe Routes to School ("SRTS") programming in communities demonstrating a desire to enhance safety; and WHEREAS, in 2006, Rady Children's Hospital partnered with the City of San Diego, which resulted in the City of San Diego being awarded a Federal SRTS grant to implement a Safe Routes to School Program in all 26 elementary schools in Southeastern San Diego; and WHEREAS, Rady Children's Hospital San Diego Center for Healthier Communities contacted City staff regarding a Federal SRTS grant opportunity in the amount of $500,000 for a Citywide Safe Routes to School Education and Encouragement Sustainability Program, and is willing to assist staff with preparation of the grant application, and if successful, enter into an agreement with National City for program delivery. It is estimated that the program will be implemented over a four-year period to provide a sustainable education and encouragement program for all 14 schools Citywide; and WHEREAS, the SRTS grant will build upon previous Safe Routes to School efforts to enhance safety along walking routes between schools and feeder neighborhoods, educate students and parents about traffic safety, expand the volunteer "Parent Patrol" program, and encourage more students to walk to school; and WHEREAS, as part of the grant application, the City is required to commit to an "in -kind" local match of $100,000, for a total program cost of $600,000, and approve a partnership with Rady Children's Hospital San Diego for program delivery. "In -kind" matching funds represent staff time which will be spent working on the project over a four-year period, and would not impact the City financially. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the submittal of a Federal Safe Routes to School grant application for a Citywide Safe Routes to School Education and Encouragement Sustainability Program in the amount of $500,000. BE IT FURTHER RESOLVED that the City Council commits to an "in -kind" local match of $100,000, for a total project cost of $600,000. Resolution No. 2011 — Page Two BE IT FURTHER RESOLVED that the City Council hereby approves partnering with Rady Children's Hospital San Diego for delivery of the Citywide Safe Routes to School Education and Encouragement Sustainability Program, should the grant be awarded. PASSED and ADOPTED this 21 st day of June, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney REQUEST 'TO APPLY FOR FEDERAL, STATE, AND LOCAL GOVERNMENT GRANTS OR PRIVATE FUNDS Date: 11/18/11 City Department: Development Services / Engineering Dept. Ilead Signature: What agency/foundation provides the funding you seek: Federal Safe Routes to School (SRTS) Program grant B. What title would you give this proposed program/project: Citywide Safe Routes to School Education and Encouragement Sustainability Program C. Has this grant been applied for in the past? If so, when: Yes. Applied for and received a $730,000 SRTS grant for Coolidge Avenue in 2008. D. Brief description of the program you propose: Collaborate with all 14 schools in National City to implement a Safe Routes to School sustainability model for Education and Encouragement. E. Describe the benefits of the proposed program or activity: Improve health and quality of life for students and families by providing Walk to School activities and incentives. Establish a parent volunteer base for each school to assist with walk to school activities, student supervision along walking routes, traffic safety monitoring in front of schools, and identification of concerns / proposed solutions. Impletnent a sustainability model for Education and Encouragement to ensure efforts are maintained. Who will administer the program? Development Services / Engineering Does the grant allow for administrative expenses? If so, how much? Yes. No limit. 1 H. Does the program/project create on -going administrative expenses? If so, is the grant able to cover those on -going expenses? No. Does this grant require matching funds or in -kind contributions from the City? If so, how much? No. Complete the following table: Year 1 Year 2 Year 3 Year 4 TOTAL 1. Grant or foundation resources 2. General Fund contribution $200,000 $ $ $ $ $0 $ $ $ $ 3. Other City Fund contributions $30,000 $ $ $ $ $ 4. In -kind contributions $0 $ $ $ TOTAL $250,000 $ $ $ $ K. Discuss whether any of the City fund contributions (rows 2 and 3) in the above table represent new expenditures or in -kind contributions representing existing expenditures. Item 3 - $30,000 could be funded through CDBG. L. To the extent that new or existing General or other City funds are required, when would they need to be in place? The $30,000 in new City funds would need to be in place by FY 12-13. M. What FTE will be required: N/A N_ Are these new positions? N/A O. What classification titles do you propose? N/A P. Deadline for filing application: July 15, 2011 2 Q. Program period: Not stated R_ When would grant/foundation award be made? December 2011 (estimate) S. Other information: Rady Children's Hospital San Diego Center for Healthier Communities Safe Routes to School Program wants to partner with National City to provide assistance on the grant application and, if awarded the grant, provide program support and implementation fo► all 14 schools Citywide. Rady Children's Iospital is a non-profit organization currently providing community services in National City. They have extensive experience with implementing Safe Routes to School programs. See attached description and grant proposal. 3 Request to apply approved ❑ Request to apply approved — Department to notify Executive Management and Council ❑ Request to apply referred to Council — Department to present at City Council Meeting for approval ❑ Request to apply denied City 1V'Ianager Signature Date: ��i Revised 4/21/11 4 SafeRoutes tkrmal teas for kk Psalm Is Sdwd Rady ChiIdren's Hospital San Diego Center for Healthier Communities Safe Routes to School Program Rady Childress Hospital San Diego -4 Center (or Hultlucr Communirics According to statistcs collected through The Emergency Medical Services of the San Diego I lealth and Human Services Agency, pedestrian injuries are the second leading cause of unintentional death for school aged children . Nationally in 2005, 33,571 child -pedestrians were treated in emergency rooms throughout the US'. Many of these injuries are preventable through increased driver, pedestrian, and bicycle safety education efforts. Rady Children's Hospital is the sole Level 1 Pediatric Trauma Center in San Diego County and is committed to providing community based programs to address the cause of injuries and implement programs to reduce the number of injuries in high risk neighborhoods. Since 2000 The Center for Healthier Communities at Rady Children's Hospital has participated in Safe Routes to School programming in neighborhoods demonstrating the highest incident rates. Initially funded by the San Diego- Department of Health Services the center worked with several elementary schools in the Mid -City neighborhoods of San Diego. This program supported the development of parent school safety committees, School Volunteer Parent Patrols, small scale infrastructure improvements and the produced infrastructure warrants that subsequently provided funding for infrastructure elements such as bulb -outs, crosswalk count down signals and reinforcement of retaining walls near sidewalks. In 2006, The Center was awarded a Caltrans Cycle 1, Non -Infrastructure SRTS grant to implement a Safe Routes to School Program in all 26 elementary schools in Southeasterners San Diego(District 4). This program follows a customized version of the National SRTS model (addressing 5 elements: Evaluation, Education, Encouragement, Engineering, and Enforcement) to target pedestrian and bicycle safety and to increase the number of children choosing active transportation to and from school. We are examining the conditions around each school and conducting projects and activities that improve safety and reduce traffic and air pollution in the vicinity of schools. As a result, these programs make bicycling and walking to school a safer and more appealing transportation choice, encouraging a healthy and active lifestyle from an early age. All 26 elementary schools in the region receive the National SRTS one day training, are provided with resources and technical assistance for Walk to School week and other related events, and assistance with collecting survey data which represents each individual community. Six schools in the District with the highest need for intervention have been selected as "comprehensive" schools. These schools have been selected based on current injury rates and walking and biking rates. Our staff is engaing each of these comprehensive schools in more intensive evaluation and interventions representing all 5 "Eels Center for Injury Prevention and Control, Centers for Disease Control and Prevention. Unintentional Pedestrian Nonfatal injuries 2005 (United States, all races, both sexes, ages 0 to 14). Available from: URL: www.cdc gov/ncipc/wisgars. 12006 April] 5 Key components of Cycle 3 grant proposal: National City 1. Coordinate with the National City Engineering Division and Police Department to address infrastructure needs and public and social safety issues around each school. 2. Establish a PTA or other sustainable parent -based volunteer team (i.e. "Parent Patrols") at each school site_ This group will be trained and tasked with identifying concerns and helping to implement solutions specific to each school. 3. Conduct parent and student surveys to evaluate areas of concern, perceived benefits from recent Safe Routes to School infrastructure improvements, and establish rates of walking and bicycling to school. 4. Encourage and incentivize active transportation with a sustainable tracking mechanism such as " Saveagallon.org" or "iCommute websites". These technologies provide many sustainable benefits to each school while reducing the staff burden of many other incentive programs. Benefits include: a. Tracking and monitoring of children walking and biking to school including customizable reports on: financial saving, environmental savings, percent kids walking and biking to school, etc. b. Immediate feedback mechanism for children and parents c. Mechanism to provide appropriate benefits for children 5. Collaborate with individual schools, parents and volunteers to implement Walk to School Days and other community activites, including incentives for student participation (i.e. punch cards or stickers for walking to school with monthly prizes). 6. Provide educational materials, curriculum and safety training for all students in National City. 7. Establish a sustainablity model to ensure efforts at each school are maintained effeciently for years following the grant. 6 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 21, 2011 AGENDA ITEM NO. 10 .. EM TITLE: Resolution of the City Council of the City of National City authorizing the submittal of a Federal Safe Routes to School grant application for Pedestrian Safety Enhancements on E. 4th Street and T Avenue near El Toyon and Rancho de la Nacion Elementary Schools in the amount of $750,000 and committing to a local match of $250,000 for a total project cost of $1,000,000 (Funded by Prop. A, Gas Tax and Tax Allocation Bond. No General Funds). PREPARED BY: Stephen Manganiello, Traffic Engineer DEPARTMENT: Develo t ry es / PHONE: 619-336-4382 APPROVED BY: Er EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS FY 11-12 matching funds are available through Prop A, Gas Tax and Tax Allocation Bond (Capital Improvement) No financial impact at this time; upon notification of grant award, staff will return to Council to accept the grant and appropriate funding. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Explanation w/ Project Location Map 2. Approved Request to Apply for Grant Form 3. Resolution Explanation Staff is requesting authorization to submit a Federal Safe Routes to School grant application for Pedestrian Safety Enhancements on E. 4th Street and T Avenue near El Toyon and Rancho del la Nacion Elementary Schools. The grant request is for $750,000 with a local match of $250,000 resulting in a total project cost of $1,000,000. Matching funds are available through Prop A, Gas Tax and Tax Allocation Bond (Capital Improvement). The project will construct new sidewalk, curb and gutter, and ADA curb ramps along T Avenue to provide a sidewalk gap closure between E. 4th Street and E. 8th Street to improve pedestrian safety and access. The project will also construct corner bulb -outs and enhanced school zone signing and striping to calm traffic, reduce pedestrian crossing distances and improve safety at the school crossings located on E. 4th Street at T Avenue and U Avenue. The project is consistent with the recently adopted City General Plan Update for conversion of E. 4th Street to a "Community Corridor". City Council Resolution supporting the project and committing matching funds will allow staff to apply for the grant. RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE SUBMITTAL OF A FEDERAL SAFE ROUTES TO SCHOOL GRANT APPLICATION IN THE AMOUNT OF $750,000 FOR PEDESTRIAN SAFETY ENHANCEMENTS ON EAST 4TH STREET AND T AVENUE NEAR EL TOYON AND RANCHO DE LA NACION ELEMENTARY SCHOOLS, AND COMMITTING TO A LOCAL MATCH OF $250,000 FOR A TOTAL PROJECT COST OF $1,000,000 WHEREAS, the Engineering Division of the Development Services Department seeks authorization to submit a Federal Safe Routes to School grant application for pedestrian safety enhancements on East 4th Street and T Avenue near El Toyon and Rancho de la Nacfon Elementary Schools (the "Project"); and WHEREAS, the grant request is for $750,000, with a local match of $250,000, resulting in a total project cost of $1,000,000; and WHEREAS, the Project will construct new sidewalk, curb and gutter, and ADA curb ramps along T Avenue to provide a sidewalk gap closure between East 4th Street and East 8th Street to improve pedestrian safety and access. The Project will also construct corner bulb - outs and enhanced school zone signing and striping to calm traffic, reduce pedestrian crossing distances and improve safety at the school crossings located on East 4th Street at T Avenue and U Avenue. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the submittal of an application for a Federal Safe Routes to School grant application in the amount of $750,000 for pedestrian safety enhancements on East 4th Street and T Avenue near El Toyon and Rancho de la Nacion Elementary Schools. BE IT FURTHER RESOLVED that the City Council hereby authorizes the commitment from the City to provide local matching funds in the amount of $250,000, for a total project cost of $1,000,000. PASSED and ADOPTED this 21st day of June, 2011. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Ron Morrison, Mayor Legend: Project Study Area Walk -to -School Route �—�—Y► Residential Feeder Neighborhood Residential Feeder Neighborhood Project Location Map Rancho de la Nacion Elementary School El Toyon Park El Toyon Recreation Center El Toyon Park El Toyon Elementary School REQUEST TO APPLY FOR FEDERAL, STATE, AND LOCAL GOVERNMENT GRANTS OR PRIVATE FUNDS Date: 11/18/11 City Department: Development Services / Engineering Dept. Head Signature: i3tis„G; A. What agency/foundation provides the funding you seek: • Federal Safe Routes to School (SRTS) Program grant B. What title would you give this proposed program/project: E. 4th Street and T Avenue Safe Routes to School C. Has this grant been applied for in the past? If so, when: Yes. Applied for and received a $730,000 SRTS grant for Coolidge Avenue in 2008. D_ Brief description of the program you propose: Provide traffic calming and school crosswalks enhancements on E. 4th Street at T Avenue and U Avenue through bulb -outs, lighting, signing and striping. Provide sidewalk gap closures on T Avenue. E. Describe the benefits of the proposed program or activity: Improvements will enhance safety, accessibility and quality of life for children and families walking to school. F. Who will administer the program? Development Services / Engineering G. Does the grant allow for administrative expenses? If so, how much? Yes. No limit. H. Does the program/project create on -going administrative expenses? If so, is the grant able to cover those on -going expenses? No. 7 I. Does this grant require matching funds or in -kind contributions from the City? If so, how much? No. J. Complete the following table: Year 1 Year 2 Year 3 Year4 TOTAL 1. Grantor foundation resources $600,000 $ $ $ $ 2. General Fund contribution $0 $ $ $ $ 3. Other City Fund contributions $600,000 $ $ $ $ 4. In -kind contributions $0 $ $ $ $ TOTAL $1,200,000 $ $ $ $ K. Discuss whether any of the City fund contributions (rows 2 and 3) in the above table represent new expenditures or in -kind contributions representing existing expenditures. Item 3 — $600,000 will be available as a grant match through the 4th Street (Palm Ave to Harbison Ave) CIP Project, funded by the City Bond. L. To the extent that new or existing General or other City funds are required, when would they need to be in place? The $600,000 in City Bond funds would need to be in place by FY 12-13. M. What FTE will be required?: N/A N. Arc these new positions? N/A O. What classification titles do you propose? N/A P. Deadline for filing application: July 15, 2011 Q. Program period: Not stated 3 R. When would grant/foundation award be made? December 2011 (estimate) S. Other information: Harris & Associates, through our On -Call Professional Services contract, previously completed final design for T Avenue between E. 4'h Street and E. 8`h Street, including bulb -outs, signing and striping enhancements for the school crosswalk at E. 4`h Street and T Avenue. We would like to request a proposal from Ilarris & Associates to extend the design 1 block to the east to include bulb -outs, signing and striping enhancements for the school crosswalk at E. 4th Street and U Avenue. Completing this design would make the entire project "shovel ready", thereby resulting in a more competitive grant application. 4 ❑ Request to apply approved ❑ Request to apply approved - Department to notify Executive Management and Council E2 Request to apply referred to Council — Department to present at City Council Meeting for approval ❑ Request to apply denied City Manager Signature Date: Revised 4/21/11 5 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 21, 2011,'; AGENDA ITEM NO. 11 .: EM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND ADOPTING THE ANNUAL APPROPRIATION LIMIT FOR FISCAL 2011-2012 OF $45,342,95$I PREPARED BY: Tess Limfueco Financial Service Officer PHONE: '(6191 336-43331 EXPLANATION: State law requires the governing body of each local jurisdiction to establish its appropriation limit, also known as the Gann Limit, by resolution each year. The Gann limit sets a cap on the amount of local government spending that may be financed from proceeds of taxes. DEPARTMENT: Finance APPROVED BY:, The annual Gann Limit is based on the previous year's appropriation limit multiplied by the percentage change in population and percentage change in the California per capita income. Based on information provided by the State Department of Finance, the following percentage changes are used in setting the FY 2011-2012 appropriation limit : California Per Capita Personal Income 2.51% Change in San Diego County Population 0.72% FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: (; APPROVED: Finance MIS STAFF RECOMMENDATION: Approve and adopt the resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Resolution RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND ADOPTING THE ANNUAL APPROPRIATIONS LIMIT FOR FISCAL YEARS 2011-2012 OF $45,342,955 WHEREAS Article XIII-B of the California Constitution provides that appropriations made by State and local governments shall be changed annually by a factor comprised of the change in population and the change in the cost of living. NOW, THEREFORE, BE IT RESOLVED that the cost of living factors to be used in calculating the appropriations limit for fiscal year 2011-2012 shall be as set forth in Attachment 1. BE IT FURTHER RESOLVED that the population change factors to be used in calculating the appropriations limit for fiscal year 2011-2012 shall be as set forth in Attachment 1. BE IT FURTHER RESOLVED that the appropriation limit for fiscal year 2011- 2012 shall be $45,342,955, as set forth in Attachment 1. PASSED and ADOPTED this 21st day of June, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Resolution No. 2011 — Attachment 1 June 21, 2011 City of National City Gann Appropriations Limit Fiscal Year 2011-2012 FY2010-2011 Gann Appropriations Limit $ 43,916,515 California Per Capita Cost of Living Change *** 2.51 Limit Sub -Total ($43,916,515 x 1.0251) $ 45,018,819 San Diego County Population Change *** 0.72% FY 2011-2012 Gann Appropriations Limit $ 45,342,955 Gann Limit Recap Total City Appropriations $ 64,418,727 Less: Non -Tax Proceeds $ 31,266,779 Estimated Appropriations Subject to the Gann Limit $ 33,151,948 FY 2011-2012 Gann Appropriations Limit $ 45,342,955 Amount of Appropriations Below the Gann Limit $ 12,191,007 Source — State of California, Department of Finance http://www.dof.ca.gov/budgetinq/ Resolution No. Attachment 1 City of National City Gann Appropriations Limit Fiscal Year 2011-2012 FY 2010-2011 Gann Appropriations Limit $ 43,916,515 California Per Capita Cost of Living Change *** 2.51 % Limit Sub -Total ($43,916,515 x 1.0251) $ 45,018,819 San Diego County Population Change *** 0.72% FY 2011-2012 Gann Appropriations Limit $ 45,342,955 Gann Limit Recap Total City Appropriations 64,418,727 Less: Non -Tax Proceeds 31,266,779 Estimated Appropriations Subject to the Gann Limit 33,151,948 FY 2011-2012 Gann Appropriations Limit 45,342,955 Amount of Appropriations Below the Gann Limit 12,191,007 *** Source - State of California, Department of Finance http://www.dof.ca. qov/budgeting/ 1 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: ;June 21,2011. AGENDA ITEM NO. i12 .. EM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REVISING THE POPULATION FACTOR USED IN CALCULATING THE FY 2010-11 ANNUAL APPROPRIATION LIMIT FROM $1.24% TO 1.41 % AND ADOPTING THE REVISED APPROPRIATION LIMIT FOR FY2010-2011 OF $43,916,515 PREPARED BY: Tess Limfueco Financial Service Officer PHONE: (6191336-4333 EXPLANATION: State law requires the governing body of each local jurisdiction to establish its appropriation limit, also known as the Gann Limit, by resolution each year. The Gann limit sets a cap on the amount of local government spending that may be financed from proceeds of taxes. DEPARTMENT: Finance APPROVED BY: The Gann Limit is based on the previous year's appropriation limit multiplied by the percentage change in population and percentage change in the California per capita income. Based on information provided by the State Department of Finance, the following percentage changes should have been used in setting the FY2010-2011 appropriation limit : California Per Capita Personal Income -2.54% Change in San Diego County Population 1.41% FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Approve the resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Resolution RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REVISING THE POPULATION FACTOR USED IN CALCULATING THE 2010-2011 ANNUAL APPROPRIATION LIMIT FROM 1.24% TO 1.41% AND ADOPTING THE REVISED APPROPRIATION LIMIT FOR 2010-2011 OF $43,916,515 WHEREAS Article XIII-B of the California Constitution provides that appropriations made by State and local governments shall be changed annually by a factor comprised of the change in population and the change in the cost of living; and WHEREAS, the population factor used in calculating the 2010-2011 Annual Appropriation Limit is revised from 1.24% to 1.41%. NOW, THEREFORE, BE IT RESOLVED that the cost of living factors to be used in calculating the appropriation limit for fiscal year 2010-2011 shall be as set forth in Attachment 1. BE IT FURTHER RESOLVED that the population change factors to be used in calculating the appropriation limit for fiscal year 2010-2011 shall be as set forth in Attachment 1. BE IT FURTHER RESOLVED that the appropriation limit for fiscal year 2010- 2011 shall be $43,916,515, as set forth in Attachment 1. PASSED and ADOPTED this 21st day of June, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Resolution No. 2011 — Attachment 1 June 21, 2011 City of National City Gann Appropriations Limit Fiscal Year 2010-2011 FY2019-2010 Gann Appropriations Limit $ 44,434,539 California Per Capita Cost of Living Change *** -2.54% Limit Sub -Total ($434,534,539 x .9746) $ 43,305,901 San Diego County Population Change *** 1.41 FY 2010-2011 Gann Appropriations Limit $ 43,916,515 Gann Limit Recap Total City Appropriations $ 64,902,944 Less: Non -Tax Proceeds $ 32,194,392 Estimated Appropriations Subject to the Gann Limit $ 32,708,552 FY 2010-2011 Gann Appropriations Limit $ 45,916,515 Amount of Appropriations Below the Gann Limit $ 11,207,963 *** Source — State of California, Department of Finance http://www.dof.ca.qov/budgetinqi Resolution No. Attachment 1 City of National City Gann Appropriations Limit Fiscal Year 2010-2011 FY 2009-2010 Gann Appropriations Limit $ 44,434,539 California Per Capita Cost of Living Change *** -2.54% Limit Sub -Total ($44,534,539 x .9746) $ 43,305,901 San Diego County Population Change *** 1.41% FY 2010-2011 Gann Appropriations Limit $ 43,916,515 Gann Limit Recap Total City Appropriations 64,902,944 Less: Non -Tax Proceeds 32,194,392 Estimated Appropriations Subject to the Gann Limit 32,708,552 FY 2010-2011 Gann Appropriations Limit 43,916,515 Amount of Appropriations Below the Gann Limit 11,207,963 *** Source - State of California, Department of Finance http://www.dof.ca.gov/budcletinci/ 1 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 21, 2011 AGENDA ITEM NO. 1-3 EM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CLASSIFYING THE VARIOUS COMPONENTS OF FUND BALANCE AS DEFINED IN GOVERNMENTAL ACCOUNTING STANDARDS BOARD STATEMENT NO. 54 AND DELEGATING TO THE CITY MANAGER THE AUTHORITY TO DETERMINE AND DEFINE THE AMOUNTS OF THOSE COMPONENTS OF FUND BALANC THAT ARE CLASSIFIED AS "ASSIGNED FUND BALANCE" PREPARED B Tess Limfueco, Financial Services Officer DEPARTMENT: Finance PHONE: (619) 336-43331 APPROVED BY: EXPLANATION: See attached explanation. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS Adoption of the resolution will have no financial impact and will not affect the calculation of the ending fund balances. GASB 54 will only affect the presentation of fund balance in the financial reports. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve and adopt the resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. '.Resolution RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CLASSIFYING THE VARIOUS COMPONENTS OF FUND BALANCE AS DEFINED IN GOVERNMENTAL ACCOUNTING STANDARDS BOARD STATEMENT NO. 54 AND DELEGATING TO THE CITY MANAGER THE AUTHORITY TO DETERMINE AND DEFINE THE AMOUNTS OF THOSE COMPONENTS OF FUND BALANCE THAT ARE CLASSIFIED AS "ASSIGNED FUND BALANCE" WHEREAS, in March 2009, the Governmental Accounting Standards Board ("GASB") issued Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions, to enhance the usefulness of the fund balance information, to clarify governmental fund type definitions, and to promote greater comparability among municipal financial statements; and WHEREAS, the new standard does not change the total amount of a given fund balance, but it alters the categories and terminology used to describe the components that make up the fund balance; and WHEREAS, GASB Statement No. 54 defines five new components of fund balance that will replace the existing three components: Nonspendable Fund Balance Restricted Fund Balance Committed Fund Balance Assigned Fund Balance Unassigned Fund Balance WHEREAS, GASB 54 allows the City Council authority to assign ending fund balances or to delegate this authority to a City official. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that various components of fund balance shall be defined as designated by Governmental Accounting Standards Board Statement No. 54. BE IT FURTHER RESOLVED that the City Council of the City of National City hereby delegates the authority to the City Manager to determine and define the amounts of those components of fund balance that are classified as "assigned fund balance". PASSED and ADOPTED this 21st day of June, 2011. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Della, City Clerk Claudia G. Silva City Attorney Explanation: In March 2009, the Governmental Accounting Standards Board (GASB) issued Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions. The purpose of Statement No. 54 is to enhance the usefulness of the fund balance information, to clarify governmental fund type definitions and to promote greater comparability among municipal financial statements. The new standard does not change the total amount of a given fund balance, but it alters the categories and terminology used to describe the components that make up the fund balance. Fund Balance is essentially the difference between assets (what is owned) and liabilities (what is owed) reported in a governmental fund. Prior to GASB 54, fund balances have been classified into three components: Reserved, Designated, and Undesignated. GASB Statement No. 54 defines five new components of fund balance that will replace these existing three components. The five new components are: Nonspendable Fund Balance • The portion of fund balance that cannot be spent due to form, such as inventories and prepaid items. Long-term loan and notes receivables and property held for resale would also be classified under this category, unless the proceeds are restricted, committed or assigned. • The portion of fund balance that must be maintained intact legally or contractually, such as the principal portion of an endowment. This category was treated as "reserved" fund balance before GASB 54. Restricted Fund Balance • The portion of fund balance constrained for a specific purpose by external parties, such as creditors, grantors, and contributors; or, by constitutional provisions or enabling legislation. This category was previously reported as "reserved" fund balance. • The fund balances of various special revenue funds like the Gas Tax, Prop A, Section 8, Development Impact Fees, Asset Forfeiture and CDBG will fall into this category. Committed Fund Balance • The portion of fund balance that includes amounts that can only be used for specific purposes pursuant to constraints imposed by formal action of the City Council and remains binding unless changed or removed in the same manner. This category was reported as "designated" fund balance prior to GASB 54. • Amounts approved by Council action for capital projects or committed as matching funds for various grants will be classified as committed fund balance. Assigned Fund Balance • That portion of fund balance that includes amounts that are constrained by the government's intent to be used for specific purposes, but that are neither restricted nor committed. Such intent needs to be established either by the City Council or by a City official, such as the City Manager, delegated with the authority. 1 • This category was previously reported as "unreserved, designated" fund balance. For the General Fund, this classification included the amounts designated for contingencies, continuing appropriations, employees' accrued benefits and capital projects. Unassigned Fund Balance • That portion of fund balance that includes the amounts that do not fall into one of the previous four classifications. The General Fund is the only fund that should report this category. Prior to GASB 54, this category was reported as "unreserved, undesignated" fund balance. Starting with Fiscal Year 2010-2011, the City of National City will use GASB 54 definitions of fund balance for the annual financial reports. In addition, GASB 54 allows the City Council authority to "assign" ending fund balances or to delegate this authority to a city official. Staff recommends that the City Council delegate to the City Manager the authority to determine the amounts of a fund's fund balance that will be reported as "Assigned Fund Balance" in the City's financial reports. 2 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 21st, 2011 AGENDA ITEM NO.114 EM TITLE: 1Narrant Register #46 for the period of 05/11/11 through 05/17/11 in the amount of $1,301,924.97 PREPARED BY: K. Apalateguil DEPARTMENT: Finance• PHONE: 619-336-4331APPROVED BY: ,, c2,,,. EXPLANATION: U Per Government Section Code 37208, attached are the warrants issued for the period of 05/11/11 through 05/17/11 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation SDG&E 241882 $68,999.20 City Utilities April -May 2011 FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $1,301,924.97 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: arrant Register #46 PAYEE CNOA CASA DE MEXICO FILIPPI'S PIZZA GROTTO BAKER & TAYLOR BRODART CALIFA GROUP CITY OF NATIONAL CITY DEMCO INC DILEO DISCOUNT SCHOOL SUPPLY GRASS ROOTS PRESS GUILDCRAFT INC LITERATURE COMES TO LIFE MARGO SMART MIDWEST TAPE NEW READERS PRESS IENTAL TRADING CO INC 3'S EYE PUPPETS SCHOLASTIC LIBRARY PUBLISHING SMILE MAKERS SPENCER LEARNING SPRINT STAPLES ADVANTAGE THE H W WILSON COMP THE SHOPPER, INC. THOMSON GALE U S POSTMASTER WILSON LANGUAGE TRAINING XEROX CORPORATION BEST BEST & KRIEGER LLP DIXIELINE BUILDERS KEYSER MARSTON ASSOC MAYER HOFFMAN MCCANN PC N C CHAMBER OF COMMERCE NAN MCKAYANDASSOC INC PASSANTINO ANDERSEN PRO BUILD SAN DIEGO CLIPPING SERVICE SD ELECTRIC RAILWAY ASSOC STEWART TITLE OF CALIFORNIA gWEETWATER AUTHORITY BANK ,.,TA PAINT 3M COMPANY ABCANA INDUSTRIES AIRGAS WEST WARRANT REGISTER # 46 5/17/2011 DESCRIPTION REG: EMOTIONAL SURVIVAL /LAW ENF LUNCH/CORPORAL INTERVIEW PANEL LUNCH / CORPORAL INTERVIEW PANEL ADULT NON-FICTION BOOKS BOOK PROCESSING SUPPLIES RFID TAGS FOR BOOK PROCESSING OUT OF STATE SALES TAX CIO 04/27/11 SUPPLIES FOR THE WINGS FFL CRAFT MATERIALS CRAFT SUPPLIES FOR THE WOWMOBILE BOOKS FOR THE LITERACY COLLECTION CRAFT MATERIAL FOR FAMILIES FOR STORYTELLING PERFORMER TRADITIONAL STORIES AND ART DVD'S FOR THE COLLECTION LITERACY BOOKS FOR THE COLLECTION CRAFT MATERIAL FOR THE WOWMOBILE PERFORMANCE /MARIONETTE MAY SHOW RENEWAL / ON-LINE CRAFT MATERIAL FOR WOWMOBILE ULTIMATE PHONICS READING PROGRAM VIDEO CONFERENCING, LONG DISTANCE MOP #45704 - SUPPLIES REFERENCE BOOKS CLEAN SUPP/PPR ROLLS REFERENCE BOOKS POSTAGE FOR OVERDUE NOTICES LITERACY DVD'S BASE CHARGES & OVERAGES FY 2011 LEGAL SERVICES / APRIL 30, 2011 REIMB - CASA QUINTA-CASA FAMILIAR ECONOMIC CONS SVCS 4/1/11-4/30/11 CITY AUDIT JAN FEB & MARCH 2011 PIH ALERT AND NEWSLETTER / SEC8 GRANT RESEARCH/WRITING/ APR 2011 MOP 45707 MISC ITEMS - NS NEWS READING AND CLIPPING SVCS REIMB - ER PLUMBING REPAIR FOR DEPOT 1408 HARDING PRELIMINARY TITLE REPORT DEP-ORTHOPHOTOGRAPHY PARTNERSHIP CREDIT CARD EXPENSE - REDEV MOP 68834 TTN 730-401 PACKING KIT-NS SINGLE VISION GLASSES / PW POOL CHEMICALS MOP 45714 WEARING APPAREL 1/4 CHK NO DATE AMOUNT 241757 5/11/11 80.00 241758 5/17/11 54.32 241759 5/17/11 54.27 241760 5/17/11 2,136.35 241761 5/17/11 2,413.17 241762 5/17/11 3,145.44 241763 5/17/11 23.16 241764 5/17/11 1,019.57 241765 5/17/11 104.71 241766 5/17/11 319.81 241767 5/17/11 449.65 241768 5/17/11 327.39 241769 5/17/11 275.00 241770 5/17/11 575.00 241772 5/17/11 49.79 241773 5/17/11 534.51 241774 5/17/11 71.94 241775 5/17/11 200.00 241776 5/17/11 2,675.00 241777 5/17/11 222.51 241778 5/17/11 99.90 241779 5/17/11 22.65 241780 5/17/11 955.33 241781 5/17/11 192.00 241782 5/17/11 446.29 241783 5/17/11 134.01 241784 5/17/11 308.00 241785 5/17/11 243.73 241786 5/17/11 1,114.12 241787 5/17/11 9,403.28 241788 5/17/11 4,500.00 241789 5/17/11 2,943.13 241790 5/17/11 1,250.00 241791 5/17/11 25, 000.00 241792 5/17/11 349.00 241793 5/17/11 3,500.00 241794 5/17/11 552.52 241795 5/17/11 78.75 241796 5/17/11 271.95 241797 5/17/11 500.00 241798 5/17/11 5,000.00 241799 5/17/11 169.00 241800 5/17/11 382.58 241801 5/17/11 66.70 241802 5/17/11 640.66 241803 5/17/11 375.37 PAYEE ALL FRESH PRODUCTS AQCS ENVIRONMENTAL ARCO GASPRO PLUS AT&T/MCI AYLES BARRON CONSTRUCTION BENJAMIN LOPEZ BEST BEST & KRIEGER LLP BONSUISSE INC BRENNTAG PACIFIC INC BROADWAY AUTO ELECTRIC CALIFORNIA COMMERCIAL SECURITY CHEVRON & TEXACO CITY OF CHULA VISTA CLEAN HARBORS COMP VIEW CONSTRUCTION ELECTRONICS INC COX COMMUNICATIONS CULLIGAN DEPT OF JUSTICE DOKKEN ENGINEERING DOKKEN ENGINEERING DONNOE & ASSOCIATES INC DREW FORD ELESCO EMBASSY STES ARCADIA PASADENA ENTENMANN ROVIN COMPANY EQUIFAX INFORMATION SVCS ESGIL CORPORATION EXPERIAN FABINSKI FEDEX FERGUSON ENTERPRISES INC FIELD ARCHITECTURAL CORPORATION FRANK TOYOTA G & A AUTOMOTIVE, INC. GRAINGER GREEN MECHANICAL CONTRACTORS GTC SYSTEMS INC HAMILTON MEATS & PROVISIONS HARRIS & ASSOCIATES INC HARRIS & ASSOCIATES INC HARRIS & ASSOCIATES INC HD SUPPLY PLUMBING HERNANDEZ HINDERLITER DE LLAMAS & ASSOC WARRANT REGISTER # 46 5/17/2011 DESCRIPTION CHK NO FOOD FOR NUTRITION CENTER 241804 CONSULTING RE DIESEL ENGINE 241805 FUEL FOR CITY FLEET 241806 TELECOMMUNICATIONS SERVICE / CITY 241807 REIMB ICI ID THEFT INVESTIGATION COURSE 241808 REFUND PORTION OF C&D FEES NC410113021 VIOLATION DISMISSED PERSONNEL ISSUES THROUGH 04/30/11 MILK AND DAIRY DELIVERY POOL CHEMICALS ELECTRICAL PARTS MOP# 45754. LOCKS / PW'S MOP 45699 GAS ANIMAL SHELTER COSTS / 03/11 HAZARDOUS WASTE PICKUP AV SYSTEM / POLICE COVERAGE MAINT CARD / MAY 2011 COX HIGH SPEED 60MB DATA CIRCUIT WATER SOFTNER SVC / NUTRITION NEW EMP TEST RESULTS -APR 2011 PLAZA BLVD. WIDENING PLAZA BLVD. WIDENING TESTING MATERIALS MOP 49078 AUTO PARTS MAINTENANCE & INSPECTION RSVP/OPER IN URBAN INTERFACE -MINER 243-11017-2. NATIONAL CITY FD 243 TT SEC 8 CREDIT CHECKS PLAN CHECKING SERVICES / BUILDING CREDIT CHECKS / NEW PD EMPLOYEES REIMB-PIZZA PURCHASED FOR DUI SHIPMENT - FINANCE MOP 45723 SEWER PIPE & MATERIALS REFUND BLD PERMIT FEES TOYOTA PRIUS HYBRID MOP 72655 R&M AUTO EQUIPMENT MOP 65179 ELECTRICAL MATERIAL HVAC REPAIRS NETWORK ENG HOURS/APRIL 2011 MEAT DELIVERY FOR NUTRITION CENTER 30TH ST. CUL-DE-SAC VACATION DEPOSIT #1281 FIG COURT TWIN HOMES DEPOSIT #1479 - SANITARIUM PLUMBING MATERIALS REIMB - IEMC COMMUNITY SPECIFIC CONTRACT SVCS-SALES TAX 2ND QTR 2/4 DATE AMOUNT 5/17/11 176.29 5/17/11 180.00 5/17/11 40,521.04 5/17/11 357.32 5/17/11 89.40 241809 5/17/11 367.15 241810 5/17/11 330.00 241811 5/17/11 1,844.64 241812 5/17/11 712.07 241813 5/17/11 1,816.79 241814 5/17/11 195.75 241815 5/17/11 299.28 241816 5/17/11 76.52 241817 5/17/11 28,227.00 241818 5/17/11 1,073.04 241819 5/17/11 14,429.59 241820 5/17/11 843.` 241821 5/17/11 3,000 241822 5/17/11 201.0b 241823 5/17/11 435.00 241824 5/17/11 11,623.81 241825 5/17/11 278.89 241826 5/17/11 1,036.00 241827 5/17/11 504.47 241828 5/17/11 577.50 241829 5/17/11 406.08 241830 5/17/11 99.32 241831 5/17/11 73.51 241832 5/17/11 22,861.96 241833 5/17/11 27.48 241834 5/17/11 126.22 241835 5/17/11 24.58 241836 5/17/11 812.91 241837 5/17/11 2,668.17 241838 5/17/11 1,058.91 241839 5/17/11 225.50 241840 5/17/11 1,327.84 241841 5/17/11 2,370.00 241842 5/17/11 1,462.50 241843 5/17/11 2,441.39 241844 5/17/11 550.0 241845 5/17/11 31f 241846 5/17/11 210. 241847 5/17/11 1,782.85 241848 5/17/11 97.70 241849 5/17/11 3,080.71 N PAYEE HINDERLITER DE LLAMAS & ASSOC IRON MOUNTAIN JOHN DEERE LANDSCAPES KIMLEY HORN AND ASSOCIATES INC KOAZ INC KONE L1 IDENTITY SOLUTIONS LOPEZ MACIAS MAINTEX INC MAN K-9 INC. MASON'S SAW & MAURICIO CECILIO MEGGITT TRAINING SYSTEMS INC. MINUTEMAN PRESS N C CHAMBER OF COMMERCE 1TIONAL CITY AUTO TRIM 1TIONAL CITY CAR WASH NOTEWARE ORKIN PEST CONTROL PDQ PRECISION, INC. PERRY FORD PRO BUILD PROJECT PROFESSIONALS CORP. PRUDENTIAL OVERALL SUPPLY RED WING SHOES RON BAKER CHEVROLET SAFETY KLEEN SAM'S ALIGNMENT SERVICE SAN DIEGO MIRAMAR COLLEGE SAN DIEGO MIRAMAR COLLEGE SAN DIEGO PET & LAB SUPPLY SDG&E SELTZER CAPLAN MCMAHON VITEK SHEILA LANDRY & DONALD HINEY SMART & FINAL SOUTH BAY COMMUNITY SERVICES SOUTHWEST SIGNAL SERVICE STAPLES ADVANTAGE SUMMIT SUPPLY SWEETWATER AUTHORITY 'SCO SAN DIEGO .RULLI TIRE SAN DIEGO INC TOPECO PRODUCTS U S BANK UNDERGROUND SERVICE ALERT WARRANT REGISTER # 46 5/17/2011 DESCRIPTION AUDIT SERVICES - TRANSACTIONS TAX RECORDS MNGMNT/DOC STORAGE MOP 69277 PIPES, VALVES COOLIDGE PROJECT, APRIL SERVICES PROCLAMATION CERTIFICATE FOLDERS REPAIRS/MAINTENANCE ELEVATOR NEW EMP FINGERPRINT TEST -APR 2011 TRANSLATION SERVICES FY 10/11 REIMB-LAW ENFORCEMENT MEMORIAL JANITORIAL SUPPLIES MAINTENANCE TRAINING FOR K-9/PD MOP 45729 MATERIALS & SUPPLIES NC201117047 VIOLATION DISMISSED RANGE MAINTENANCE AND REPAIR. MOP 47939 GARAGE SALE FLYERS -FIN CITY ENHANCEMENT JAN-APR 2011 R&M CITY VEHICLES CAR WASHES REIMB-GRUMMAN CONFERENCE BUILDINGS PEST MAINTENANCE SUPPLIES / POLICE DEPT MOP 45703 AUTO PARTS MOP 45707 PLUMBING MATERIAL CHILLER REPLACEMENT PROJECT MOP 45742 LAUNDRY SERVICE SAFETY BOOTS - WASTEWATER MOP 45751 AUTO PART HAZARDOUS MATERIAL REMOVAL WHEEL ALIGNMENT TUITION- PHILLIPS/SHANAHAN TUITION ROT TRAINING-MACIAS/JOSSE MOP# 45753. PET SUPPLIES / POLICE STREET GAS & ELECTRIC SVCS THROUGH 04/30/2011 LIABILITY CLAIM COSTS MOP 45756 MISC SUPPLIES- FIRE REIMBURSEMENT JAN-MAR 2011 TRAFFIC SIGNAL/STREET LIGHTING MOP# 45704. OFFICE SUPPLIES/MIS PET STATION DISPENSER FACILITIES WATER BILL FOOD & CONSUMABLES MOP 47940 TIRES MOP 63849 AUTO PARTS CREDIT CARD EXPENSE - MIS UNDERGROUND SVC ALERT CHARGES 3/4 CHK NO DATE AMOUNT 241850 5/17/11 80.34 241851 5/17/11 131.00 241852 5/17/11 420.41 241853 5/17/11 6,285.14 241854 5/17/11 1,819.17 241855 5/17/11 3,788.43 241856 5/17/11 26.00 241857 5/17/11 140.00 241858 5/17/11 115.02 241859 5/17/11 284.46 241860 5/17/11 800.00 241861 5/17/11 167.19 241862 5/17/11 305.00 241863 5/17/11 1,795.00 241864 5/17/11 101.13 241865 5/17/11 15,000.00 241866 5/17/11 20.00 241867 5/17/11 236.00 241868 5/17/11 85.12 241869 5/17/11 373.33 241870 5/17/11 8,348.94 241871 5/17/11 204.38 241872 5/17/11 186.73 241873 5/17/11 27,472.25 241874 5/17/11 214.65 241875 5/17/11 123.46 241876 5/17/11 57.79 241 877 5/17/11 7,892.57 241878 5/17/11 546.42 241879 5/17/11 78.00 241880 5/17/11 26.00 241881 5/17/11 122.70 241882 5/17/11 68,999.20 241883 5/17/11 16,470.00 241884 5/17/11 6,000.00 241885 5/17/11 347.38 241886 5/17/11 5,883.00 241887 5/17/11 7,190.49 241888 5/17/11 266.40 241889 5/17/11 588.00 241891 5/17/11 21,893.06 241892 5/17/11 4,813.10 241893 5/17/11 146.59 241894 5/17/11 5.69 241895 5/17/11 448.37 241896 5/17/11 210.00 PAYEE UNION TRIBUNE PUB CO UNITED RENTALS UNITED ROTARY BRUSH CORP USA MOBILITY WIRELESS, INC. VALLEY INDUSTRIAL SPECIALTIES VISTA PAINT WATERS WAXIE SANITARY SUPPLY WEST PAYMENT CENTER WESTFLEX INDUSTRIAL WOOD & WOOD ZUMAR INDUSTRIES SECTION 8 HAPS PAYMENTS PAYROLL Pay period 10 Start Date 4/19/2011 WARRANT REGISTER # 46 5/17/2011 DESCRIPTION PUBLICATION OF PLANNING COMMISSION GENERATOR 70-84 KVA MULTIQUIP SWEEPER REPAIRS USA MOBILITY/METROCALL PAGER SVC MOP 46453 PLUMBING MATERIAL MOP 63849 TRAFFIC CONTROL SUPPLIES REIMB - NEW TABLE NUMBERS JANITORIAL SUPPLIES CLEAR INVESTIGATIVE DATABASES MOP 63850 SHOP SUPPLIES LIABILITY CLAIM - FEB/MAR 2011 STREET SIGNS / PW Start Date End Date 5/11/2011 5/17/2011 End Date Check Date 5/2/2011 5/11/2011 4/4 CHK NO DATE AMOUNT 241897 5/17/11 1,057.60 241898 5/17/11 235.44 241899 5/17/11 819.64 241900 5/17/11 8.78 241901 5/17/11 44.50 241902 5/17/11 329.71 241903 5/17/11 739.50 241904 5/17/11 2,282.18 241905 5/17/11 420.00 241906 5/17/11 34.98 241907 5/17/11 5,525.00 241908 5/17/11 474.15 A/P Total 446,928.73 20,033.1 834,962.39 GRAND TOTAL S 1,301,924.97 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 21st' 2011 AGENDA ITEM NO. 115 EM TITLE: Warrant Register #47 for the period of 05/18/11 through 05/24/11 in the amount of $661,658.25 PREPARED BY: K. Apalateguij PHONE: i619-336-4331', EXPLANATION: DEPARTMENT: Finance APPROVED BY:, ;Per Government Section Code 37208, attached are the warrants issued for the period of 05/18/11 through 05/24/11 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation Harris & Associates 241941 $109,719.68 Consultant Services / 8th St Corridor Smart Growth Rehabilitation FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $661,658.25 BOARD 1 COMMISSION RECOMMENDATION: N/A ATTACHMENTS: grant Register #47 PAYEE E2 MANAGE, TECH INC FEDEX LASER SAVER INC NAPA AUTO PARTS NBS POWER PLUS PRUDENTIAL OVERALL SUPPLY SAN DIEGO TROLLEY INC STAPLES ADVANTAGE SWEETWATER AUTHORITY VISTA PAINT ASSI SECURITY AT&T MOBILITY AT&T/MCI BALLERINI COURT REPORTERS BENNETT BROTHERS, INC. ^ ENNTAG PACIFIC INC .IFORNIA ELECTRIC SUPPLY _nLIFORNIA HIGHWAY ADOPTION CO CARQUEST AUTO PARTS CITY OF IRVINE CORPORATE PAYMENT SYSTEMS COX COMMUNICATIONS DAPPER TIRE COMPANY DATA TICKET INC D-MAX ENGINEERING ERGOMETRICS ESGIL CORPORATION FAT PIPE NETWORKS FIRE ETC FLINT TRADING, INC. GRAINGER HARRIS & ASSOCIATES INC HARRIS HD SUPPLY PLUMBING HORIZON HEALTH EAP JJJ ENTERPRISES KIMLEY HORN AND ASSOCIATES INC KLOS LASER SAVER INC LEXIS-NEXIS EZ ION'S SAW & MEYERS/NAVE LAW CORP MIKES WHOLESALE INC N C CHAMBER OF COMMERCE WARRANT REGISTER # 47 5/24/2011 DESCRIPTION ENVIRONMENTAL CONSULTING-10/29/10 EXPRESS MAIL COURIER SERVICES/CDC MOP 45725 BLACK INKJET - REDEV MOP# 45735. PAINTING SUPPLIES/NSD LANDSCAPE 1/1/2011-3/31/2011 EQUIPMENT RENTAL / CDC MOP 45742 LAUNDRY SERVICE FLAGGING SERVICES MAR -APR 2011 MOP 45704 OFFICE SUPPLIES WATER UTILITIES 1 CDC MOP 68834 PAINTING SUPPLY ASSI SECURITY ATT SECURE WIRELESS CIRCUIT / PD TELECOMMUNICATIONS SERVICE / NC HEARING TRANSCRIPTS DEC 09 2011 I SERIES-GEN-CONGRATULATIONS/HR POOL CHEMICALS MOP 45698 ELECTRICAL MATERIAL PARADISE CREEK LITTER REMOVAL MOP 47557 AUTO PARTS BASIC PATROL BICYCLE COURSE CREDIT CARD CHARGES COX CABLE / TEEN & SENIOR CENTER TIRES / EQUIP MAINT CITATION PROCESSING / APRIL 2011 STORM WATER SERVICES, APRIL SHIPPING OF TEST MATERIALS PLAN CHECK SVCS APRIL 2011 / FIRE FATPIPE GOLD SERVICE MAINTENANCE SAFETY SUPPLIES / FIRE DEPT STREET SIGNS / PW MOP 65179 ELECTRICAL MATERIAL CORRIDOR SMART GROWTH REVITALIZE TRAFFIC COLLISION INVESTIGATION PLUMBING MATERIALS, EMP ASST PROGRAM - MAY 2011 ALARM MONITORING CITY WIDE SPEED SURVEYS / POLICE SHOOTING INVESTIGATION COURSE MOP 45725 INK CARTRIDGES - DPTS LEXIS-NEXIS ONLINE LEGAL RESEARCH TRANSLATION SERVICES FY 10/11 MOP 45729 MATERIALS & SUPPLIES CONSULT MOU NEGOTIATIONS REFUND DUPLICATE BL PAYMENT CENTURION AWARDS CEREMONY 1/2 CHK NO DATE AMOUNT 241909 5/24/11 2,994.00 241910 5/24/11 44.15 241911 5/24/11 65.63 241912 5/24/11 16.89 241913 5/24/11 1,598.41 241914 5/24/11 195.00 241915 5/24/11 13.87 241916 5/24/11 179.70 241917 5/24/11 45.33 241918 5/24/11 314.58 241919 5/24/11 668.82 241920 5/24/11 1,582.50 241921 5/24/11 2,325.33 241922 5/24/11 2,517.16 241923 5/24/11 3,824.75 241924 5/24/11 600.00 241925 5/24/11 662.80 241926 5/24/11 251.22 241927 5/24/11 864.00 241928 5/24/11 306.38 241929 5/24/11 95.00 241930 5/24/11 1,134.30 241931 5/24/11 49.76 241932 5/24/11 477.29 241933 5/24/11 4,201.94 241934 5/24/11 12,713.63 241935 5/24/11 580.14 241936 5/24/11 1,138.95 241937 5/24/11 2,400.00 241938 5/24/11 4,859.73 241939 5/24/11 3,344.24 241940 5/24/11 569.06 241941 5/24/11 109, 719.68 241942 5/24/11 671.22 241943 5/24/11 390.63 241944 5/24/11 762.54 241945 5/24/11 900.00 241946 5/24/11 12,470.00 241947 5/24/11 620.00 241948 5/24/11 505.57 241949 5/24/11 427.38 241950 5/24/11 140.00 241951 5/24/11 33.93 241952 5/24/11 15,755.50 241953 5/24/11 100.00 241954 5/24/11 100.00 PAYEE NAPA AUTO PARTS NGUYEN ONE STOP PARTS SOURCE ORANGE COUNTY SHERIFF'S DEPT ORANGE COUNTY SHERIFF'S DEPT PELL MELL SUPPLY INC PERRY FORD POWERSTRIDE BATTERY CO INC PRO BUILD PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM R J SAFETY SUPPLY RED WING SHOES REGIONAL TRAINING CENTER RPM WELDING INC S & 5 WELDING SAN DIEGO BMW MOTORCYCLES SAN DIEGO REGIONAL COMPUTER SAN DIEGO SPORTS MEDICINE SMART SOURCE OF CA LLC SOUTHERN CALIF TRUCK STOP SPARKLETTS WATER STAPLES ADVANTAGE TACTICAL TECHNOLOGIES THE LIGHTHOUSE INC UNITED ROTARY BRUSH CORP UNITED TRANSMISSION EXCHANGE WEBB WEST PAYMENT CENTER WESTFLEX INDUSTRIAL ZIONS BANK ZUMAR INDUSTRIES WIRED PAYMENTS TRISTAR RISK MANAGEMENT WARRANT REGISTER # 47 5/24/2011 DESCRIPTION MOP 45735 SHOP SUPPLIES BASIC T C INVESTIGATION COURSE BRAKE ROTORS / EQUIP MAINT TRAFFIC COLLISION INVEST COURSE TRAFFIC COLLISION INVEST COURSE 75C900HCSS 3/4-10 X 9" HEX CAP SCR MOP 45703 AUTO PARTS MOP 67839 AUTO PARTS MOP 45707 MATERIALS & SUPPLIES MOP 45742 LAUNDRY SERVICE SERVICE PERIOD 5-11-4 FIRST AID KIT / PARKS SAFETY BOOTS - STREET COURT & TEMP FACILITY COURSE MOP 45749 R&M BLDGS GRATE 40 3/4 X 25 1/2 X 2 1/2 TRF R&M CITY VEHICLES FORENSIC SVCS PD / 7/1/10-6/30/11 WELLNESS EXAMS / FIRE PERSONNEL MOP 63845 BUSINESS CARD - PD MOP 45758 GAS WATER / MAYOR'S OFFICE MOP 45704 OFFICE SUPPLIES SA200 MONSTER SOFT PARTS KIT/PD MOP 45726 AUTO PARTS SWEEPER REPAIRS TRANSMISSION COOLER / EQUIP MAINT BASIC PATROL BICYCLE COURSE LEGAL PUBLICATION / 4/05/11-5/04/11 MOP 463850 AUTO PARTS 24TH LEASE PAYMT 800 MHZ EQUIP PROTECTIVE OVERLAY FILM / PW PREFUND R. MEDINA CLAIM#7NAT00629 2/2 CHK NO DATE AMOUNT 241955 5/24/11 569.44 241956 5/24/11 671.22 241957 5/24/11 399.25 241958 5/24/11 55.00 241959 5/24/11 55.00 241960 5/24/11 104.31 241961 5/24/11 337.09 241962 5/24/11 70.68 241963 5/24/11 748.41 241964 5/24/11 247.05 241965 5/24/11 256,261.11 241966 5/24/11 122.72 241967 5/24/11 125.00 241968 5/24/11 115.00 241969 5/24/11 257.19 241970 5/24/11 444.49 241971 5/24/11 815 ' ' 241972 5/24/11 12,00' 241973 5/24/11 38,9,, 241974 5/24/11 31.83 241975 5/24/11 52.78 241976 5/24/11 16.58 241977 5/24/11 564.95 241978 5/24/11 1,254.60 241979 5/24/11 101.90 241980 5/24/11 931.49 241981 5/24/11 1,736.79 241982 5/24/11 372.00 241983 5/24/11 1,224.37 241984 5/24/11 185.50 241985 5/24/11 48,678.25 241986 5/24/11 929.81 A/P Total 34453539 5/18/11 561,658.25 100,000.00 GRAND TOTAL. S 661,658.25 CITY OF NATIONAL CITY, CALIFORNIA CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT :TING DATE: June 21, 2011 AGENDA ITEM NO. ITEM TITLE: IA Joint Public Hearing of the City Council and the Community Development Commission of the City of National City to provide for public comment in accordance with Sections 33433, 33434, and 33679 of the State Health and Safety Code regarding the proposed terms and conditions for the lease of land in a Disposition and Development Agreement for real property located at 2020 and 2200 Hoover Avenue consisting of approximately 12.75 acres proposed to be leased to Paradise Creek Housing Partners LP for the construction of a 201-unit affordable multi -family housing project, related park and open space improvements, related community facilities and parking.. PREPARED BY: Patricia Beard PHONE: 4255 DEPARTMENT: Redevelopment EXPLANATION: APPROVED B k+s required by California Redevelopment Law, the attached report discloses financial aspects and redevelopment purposes to be accomplished through the Disposition and Development Agreement with Paradise Creek Housing Partners, which is a companion item on this agenda. This public hearing is to accept public comment on the report. FINANCIAL STATEMENT: ACCOUNT NO. i22-409-500-598-3934. This Agreement would commit $6,000,000 in Low Mod Housing Funds eserves and $14,957,000 in 2011 Low Mod Bond funds for Phase I and, if the 2011 Redevelopment Plan Amendment is successful, anticipates the commitment of $14,909,000 in future Low Mod Bond funds for Phase II. A total of $35,866,000 is the necessary CDC assistance for the full project. ENVIRONMENTAL REVIEW: The certified Environmental Impact Report for the Westside Specific Plan analyzed a Transit Oriented Development for this site. APPROVED: Finance ORDINANCE: INTRODUCTION: J FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution. BOARD / COMMISSION RECOMMENDATION: fACHMENTS: 1. Summary Report NATIONAL CITY REDEVELOPMENT PROJECT NATIONAL CITY, CALIFORNIA SUMMARY REPORT PERTAINING TO THE PROPOSED LEASE OF CERTAIN PROPERTY WITHIN THE NATIONAL CITY REDEVELOPMENT PROJECT AREA California Community Redevelopment Law Section 33433 PURSUANT TO PROPOSED DISPOSITION AND DEVELOPMENT AGREEMENT AND GROUND LEASE BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY AND PARADISE CREEK HOUSING PARTNERS, L.P. Community Development Commission of the City of National City National City, California KEYSE June 2011 ASSOCIATES_ TABLE OF CONTENTS Page I. Introduction 1 II. Costs of the Agreements to the CDC 7 III. Estimated Value of the Interests to be Conveyed at the Highest and Best Use Permitted Under the Redevelopment Plan 8 IV. Estimated Value of the Interests to be Conveyed at the Use and with the Conditions, Covenants, and Development Costs Required by the Agreements 10 V. Compensation which Developer will be Required to Pay 13 VI. Explanation of the Difference, if any, between the Compensation to be Paid to the CDC by the Proposed Transaction and the Fair Market Value of the Interests to be Conveyed at the Highest and Best Use Consistent with the Redevelopment Plan 15 VII. Explanation of why the Lease of the Property will Assist with the Elimination of Blight 16 VIII. Limiting Conditions 17 KEYSER MARSTON ASSOCIATES. I. INTRODUCTION A. Purpose of Report This Summary Report was prepared in accordance with Section 33433 of the California Community Redevelopment Law in order to inform the Community Development Commission of the City of National City (CDC) and the public about the proposed transaction between the CDC and Paradise Creek Housing Partners, L.P. (Developer). The Report describes and specifies: 1. The costs to be incurred by the CDC under the Disposition and Development Agreement (DDA) and Ground Lease (Lease) (collectively, Agreements); 2. Estimated value of the interests to be conveyed at the highest and best use permitted under the Redevelopment Plan; 3. The estimated value of the interests to be conveyed at the proposed use and with the conditions, covenants, and development costs required by the lease of the Property; 4. The compensation to be paid to the CDC pursuant to the proposed transaction; 5. An explanation of the difference, if any, between the compensation to be paid to the CDC under the proposed transaction, and the fair market value at the highest and best use consistent with the Redevelopment Plan; and 6. An explanation of why the lease of the Property will assist with the elimination of blight. B. Summary of Findings The CDC engaged its economic consultant, Keyser Marston Associates, Inc. (KMA), to analyze the proposed financial terms. KMA reviewed the draft Agreements under discussion between the CDC and the Developer as of June 5, 2011. The KMA conclusions are summarized as follows: • The estimated costs of the Agreements to the CDC total $44,906,000. • The estimated fair market value of the Property its highest and best use is $8,890,000. • The estimated fair re -use values of the interests to be conveyed are as follows: Summary Report Transit -Oriented Infill Affordable Housing 11097ndh 16104.007.047 Page 1 o Phase I Parcel, proposed as 109 units on 3.46 acres, estimated fair re -use value of negative $20,197,000. o Phase II Parcel, proposed as 92 units on 3.69 acres, estimated fair re -use value of negative $14,909,000. • The estimated value of the compensation to be received by the CDC is: o Phase I, negative $19,794,000 o Phase II, negative $14,909,000 C. Description of Area and Proposed Project Community Overview The site is located within the National City Redevelopment Project Area (Project Area). The Project Area encompasses approximately 2,000 acres. Goals of the Redevelopment Plan (Plan) are to keep businesses and jobs in the area, creating and improving public facilities in the area, and improving the community's supply of affordable, quality housing. Since the adoption of the Plan, numerous redevelopment ventures have been, and continue to be, carried out by public agencies, non-profit institutions, and private developers in National City. Proposed Development The site to be developed has a gross land area of approximately 12.75 acres (Property), inclusive of proposed street closures. The Property is situated south of West 19th Street, north of West 22nd Street, east of Wilson Avenue, and west of Hoover Avenue within the City of National City (City). The Property is flat, irregular in shape, and partially improved with the City's public works yard (Public Works Yard). The Property, owned by the City, consists of the Public Works Yard, Illes Trust Property, Paradise Creek (Creek), and existing street rights -of -way. Portions of the Property will continue to be occupied by the Creek and adjoining open space. As part of the Phase I development, the Developer will make improvements to Paradise Creek and improve and expand the Paradise Creek Educational Park (Park). The remaining net development site totals approximately 7.15 acres. Summary Report Transit -Oriented Infill Affordable Housing 11097ndh 16104.007.047 Page 2 The Developer intends to build a Transit -Oriented Infill Affordable Housing development comprising a total of 201 rental residential units and podium parking structures with 328 parking spaces in two phases (Project). Net Property Size Number of Units Parking Spaces Project Description Phase 1 Phase II Total 3.46 Acres 109 Units 183 Spaces 3.69 Acres 92 Units 145 Spaces 7.15 Acres 201 Units 328 Spaces The residential units comprise studio, one, two, and three bedroom units, as shown below. Studio One Bedroom Two Bedroom Three Bedroom Total Summary Report Transit -Oriented InfilI Affordable Housing 11097ndh 16104.007.047 Unit Mix by Phase Phase I 0 Units 24 Units 49 Units 36 Units 109 Units Phase it Total 6 Units 21 Units 36 Units 29 Units 92 Units 6 Units 45 Units 85 Units 65 Units 201 Units Page 3 D. Proposed Transaction Terms This section summarizes the salient aspects contained in the draft Agreements between the CDC and Developer as of June 5, 2011. • The CDC will lease the Property to the Developer for 99 years. • The Developer will pay ground rent (Rent) for Phase I as follows: oYears 1 through 30: oYears 31 through 55: oYears 56 through 99: $75,000 per year, without escalation $75,000 per year, plus a 2.0% annual escalation factor The Developer and CDC shall meet and attempt to agree on a rent figure. If the parties are unable to come to an agreement, each party will engage an appraiser to determine the rent. The appraisals will be subject to the Project's income and rent restrictions at that time. • The Developer will pay Rent for Phase II as follows: oYears 1 through 55: oYears 56 through 99: $1.00 per year The Developer and CDC shall meet and attempt to agree on a rent figure. If the parties are unable to come to an agreement, each party will engage an appraiser to determine the rent. The appraisals will be subject to the Project's income and rent restrictions at that time. • The CDC will contribute a maximum of $35,866,000 towards the development of the Project as follows: Loan CDC Subordinate Loan for Phase I CHW Third Trust Deed Loan for Phase I CHW Third Trust Deed Loan for Phase II Amount $6,000,000 $14,957,000 $14,909,000 Total Loans $35,866,000 Summary Report Transit -Oriented Infill Affordable Housing 11097ndh 16104.007.047 Page 4 o The CDC Subordinate Loan for Phase I will be in the form of a 55-year loan at 0.25% simple interest. Repayment of the CDC Subordinate Loan will be from residual receipts calculated from the Project's Phase I annual cash flow. The Developer will receive 50% of the residual receipts from cash flow. The remaining 50% will be split pro rata (based on loan amounts) between the CDC and Community Housing Works (CHW). o The entire unpaid balance of the CDC Subordinate Loan including any accrued interest will be due and payable at the end of Year 55. o The CDC will grant to CHW the Third Trust Deed Loans for each respective phase. • The Developer will acquire the necessary land use approvals and entitlements for construction and operation of the Project. • The CDC will request that the City conduct hearings and legal proceedings necessary to vacate the public rights -of -way on Coolidge and Harding Avenues. • The Developer will make good faith efforts to obtain a minimum of two (2) competitive bids for construction of the Project. • The Developer will use previously awarded Proposition 1 C funds towards the development of the Project, as follows: o Phase I, $4,664,000 o Phase II, $3,936,000 • For each Phase, the Developer will apply to the California Debt Limit Allocation Committee (CDLAC) for a tax-exempt bond allocation. • The Developer will apply to the 2012 first round of the State of California 4% Low Income Housing Tax Credits (LIHTCs) for the Phase I development. If the Developer is unsuccessful in obtaining a reservation, the Developer shall re -apply in one or more succeeding rounds of 4% LIHTCs within the time frame allotted in the Agreements. • If available before the close of escrow for Phase I, the Developer will apply for a maximum of 27 Section 8 Vouchers (Vouchers). The Vouchers must be for a minimum of 15 years. If the Vouchers are secured, the CDC Subordinate Loan Summary Report Transit -Oriented Infill Affordable Housing 11007ndh 16104.007.047 Page 5 shall be reduced by $28,000 per voucher awarded. Additionally, the Rent payment shall be increased by $2,000 per voucher for the duration of the Voucher. • The Developer will apply for a maximum of 23 Vouchers for Phase II. The Vouchers must be for a minimum of 15 years. If the Vouchers are secured, the CHW Third Trust Subordinate Loan will be reduced accordingly and the Rent payment will be increased for the duration of the vouchers. • As part of Phase I, the Developer will construct Paradise Creek Educational Park (Park). After construction, the Park will be maintained by the City. • The Developer will construct 201 residential units, inclusive of two manager units, in two phases. • During Years 1 through 99, 49% of the units will be restricted to households earning not more than 50% of Area Median Income (AMI). The remaining 51% of the units will be restricted at moderate -income levels, i.e., households not earning more than 120% of AMI. The units will be subject to restrictions imposed by California Redevelopment Law (CRL). • During Years 55-99, the Project will also be subject to Califomia Tax Credit Allocation Committee (TCAC) restrictions, as follows: Units @ 30% AMI Units @ 40% AMI Units @ 50% AMI Manager Units Phase I Phase II Total 12 Units 23 Units 73 Units 1 Unit 11 Units 21 Units 59 Units 1 Unit 23 Units 44 Units 132 Units 2 Units Total 109 Units 92 Units 201 Units • The Developer will provide tenant services for residents of the Project for 99 years. Summary Report Transit -Oriented Infill Affordable Housing 11097ndh 16104.007.047 Page 6 1I. COSTS OF THE AGREEMENTS TO THE CDC The estimated costs of the Agreements to the CDC total $44,906,000, and include the following items: CDC Costs Amount Site Acquisition — IIles Trust Property (1) Site Acquisition — Public Works Yard (1) $1,520,000 $7,370,000 Subtotal — Acquisition Costs Add: Subordinate Loans Add: Other CDC Third Party Costs (2) $8,890,000 $35,866,000 $150,000 Total CDC Costs $44,906,000 (1) Acquisition cost basis assumed to equal current fair market value based on recent appraisals. See discussion in Section III_ (2) Gross estimate; reflects appraisals, legal consultants, and economic consultants. Summary Report Transit -Oriented IntlII Affordable Housing 11097ndh 16104.007.047 Page 7 I11. ESTIMATED VALUE OF THE INTERESTS TO BE CONVEYED AT THE HIGHEST AND BEST USE PERMITTED UNDER THE REDEVELOPMENT PLAN This section presents an analysis of the fair market value of the Property at its highest and best use. In appraisal terminology, the highest and best use is that use of the Property that generates the highest property value and is physically possible, financially feasible, and legally permitted. Therefore, value at highest and best use is based solely on the value created and not on whether or not that use carries out the redevelopment goals and policies for the City of National City. By definition, the highest and best use is that use which is physically possible, financially feasible, and legally permitted. The Property is currently zoned as a civic institutional zone that allows for community, cultural, and public recreational uses (IC). The Developer proposes to rezone the Property to a multi- use commercial and residential zone that is designed to encourage transit -oriented development (MCR-2). In order to determine the fair market value of the Property, KMA first reviewed the appraisal prepared for the CDC by Lipman Stevens & Carpenter, Inc. (Lipman) with a date of value of January 11, 2010. The appraisal valued the Public Works Yard. Lipman states that the optimal utility is for the Public Works Yard is for a residential affordable housing development. Lipman relied on the comparable sales approach to value, with a conclusion of value for the Public Works Yard of $7,370,000. Secondly, KMA reviewed an appraisal prepared for the CDC by FirstService PGP Valuation (PGP) with a date of value of October 15, 2009. The appraisal valued the Illes Trust Property. PGP relied on the comparable sales approach to value, with a conclusion of value for the Illes Trust Property of $1,520,000. In sum, the appraisals concluded a blended average value of $16 per SF of land. It should be noted that the appraised properties included unusable land area in Paradise Creek. In addition, KMA undertook its own independent review of selected land sales in the City of National City. Table A-1 summarizes the KMA review of commercial land sales. The KMA survey focused on sales of sites for the time period from January 2008 to the present. As shown in the table, sales prices ranged from $19 to $40 per SF of land. The surveyed comparable sales varied in terms of location, intended use, and prevailing market conditions at time of sale. Two of the comparable sales were larger sites (5.7 and 7.0 acres), located on Hoover Avenue in close proximity to the Property in an established commercial area. These sites sold for $19 and $23 per SF of land, respectively. The other two comparable sales were smaller sites (0.42 and 0.78 acres) Summary Report Transit -Oriented lnfill Affordable Housing 11097ndh 16104.007.047 Page 8 and located further away from the Property. These sites sold for $35 and $40 per SF of land, respectively. KMA finds the Hoover Avenue comparables to be more relevant, although they must be adjusted to reflect the proportion of the Public Works Yard that is unusable. Based on the above discussion, KMA concurs with the findings of the Lipman and PGP appraisals for the Property. On this basis, then, KMA concludes that the fair market value of the Property at its highest and best use is $8,890,000, or $16 per SF of gross land area. Summary Report Transit -Oriented Infill Affordable Housing 11097ndh 16104.007.047 Page 9 IV. ESTIMATED VALUE OF THE INTERESTS TO BE CONVEYED AT THE USE AND WITH THE CONDITIONS, COVENANTS, AND DEVELOPMENT COSTS REQUIRED BY THE AGREEMENTS This section explains the principal conditions and covenants which the Developer of the Property must meet in order to comply with the Redevelopment Plan. The Agreements contain specific covenants and conditions designed to ensure that the conveyance of the Property will be carried out in a manner to achieve the CDC's objectives, standards, and criteria under the Redevelopment Plan. Based on a detailed financial feasibility analysis of the Project, KMA concludes that the fair re -use value of the Property is as follows: • Phase I Parcel, estimated fair re -use value of negative $20,197,000 • Phase II Parcel, estimated fair re -use value of negative $14,909,000. KMA estimated the re -use value of the Property based on the anticipated income characteristics of the proposed Project. Re -use value is defined as the highest price in terms of cash or its equivalent which a property or development right is expected to bring for a specified use in a competitive open market, subject to the covenants, conditions, and restrictions imposed by the Agreements. KMA reviewed and analyzed the financial pro forma submitted by the Developer for the Project. KMA then prepared independent financial pro forma analyses for the Project using inputs and assumptions consistent with our experience with comparable projects and industry standards in Southern California. Appendices B and C present the KMA pro forma analyses for Phase I and Phase II of the Project, respectively. Estimated Development Costs KMA estimated total development costs, excluding acquisition, of the Project. The estimated development costs for the Project are broken out as follows: Direct Costs Indirect Costs Financing Costs Total Development Costs t1) Development Costs $31,978,000 $7,327,000 $3,606,000 $42,911,000 $24,070,000 $6,321,000 $2,659,000 $33,050,000 (1) Excludes acquisition costs. Summary Report Transit -Oriented Infill Affordable Housing 11097ndh 16104.007_047 Page 10 Total development costs are estimated to be $42,911,000, or $377 per SF gross building area (GBA) for Phase I, and $33,050,000, or $355 per SF GBA for Phase II. These include the following: • Direct construction costs consist of such items as off- and on -site improvements, parking, shell construction, and contingency. The estimated direct construction costs total $31,978,000, or $281 per SF GBA, and $24,070,000, or $259 per SF GBA, for Phase I and Phase II, respectively. These cost estimates assume that the Developer will be required to pay prevailing wages. • Indirect costs consist of architecture and engineering, permits and fees, legal and accounting, taxes and insurance, environmental insurance, developer fee, marketing/lease-up, and contingency. Phase I and Phase II have estimated indirect costs of 22.9% and 26.3% of direct costs, respectively. • Financing costs consist of such items as loan fees, interest during construction, Tax Credit Allocation Committee (TCAC)/syndication costs, and operating/lease-up reserves. These items are estimated at 11.3% and 11.0% of direct costs for Phase I and Phase II, respectively. Net Operating Income The following table summarizes the anticipated stabilized Net Operating Income (NOI) for the Project by phase. Unit Mix Units @ 30% AMI Units @ 40% AMI Units @ 50% AMI Manager Units Total Units Total Rental Income Other Income Vacancy Factor Operating Expenses (1) Net Operating Income 12 Units 23 Units 73 Units 1 Unit 109 Units $960,000 $6 /unit/month 5% of income $5,200 /unit/year $349,000 (1) Includes operating expenses, replacement reserves, and social services. Summary Report Transit -Oriented Intl ll Affordable Housing 11097ndh 16104.007.047 11 Units 21 Units 59 Units 1 Unit 92 Units $790,000 $6 /unit/month 5% of income $5,400 /unit/year $261,000 Page 11 Residual Land Value The table below presents the KMA estimate of residual land value. The residual land value can be estimated as the difference between total available funding sources and total development costs. KMA estimates total available funding sources comprised of the following: Phase l- _ Phase I1 Supportable Debt $3,542,000 $2,648,000 Tax Credit Equity $14,508,000 $11,557,000 Proposition 1C Funds $4,664,000 $3,936,000 Deferred Developer Fee $0 $0 Total Sources of Funds $22,714,000 $18,141,000 As summarized below, the comparison of total funding sources and total development costs yield residual land values of negative $20,197,000 for Phase I and negative $14,909,000 for Phase 11. Total Sources of Funds (Less) Development Costs (1) Residual Land Value Phase I Phase 1I $22,714,000 ($42,911,000) ($20,197,000) (1) Excludes acquisition costs. Conclusion Based on the foregoing analysis, KMA concludes that the fair re -use values for the respective phases are as follows: • Phase I Parcel, negative $20,197,000. • Phase II Parcel, negative $14,909,000. Summary Report Transit -Oriented Infill Affordable Housing 11097ndh 16104.007.047 Page 12 V. THE COMPENSATION WHICH THE DEVELOPER WILL BE REQUIRED TO PAY This section summarizes the total compensation to be paid by the Developer to the CDC for the interest to be conveyed. KMA estimates Developer compensation to the CDC from two sources: • Annual Rent • Repayment of the CDC Loan through residual receipt payments Annual Rent The Developer agrees to provide the City with an annual payment of $75,000 per year beginning in Year 1 through Year 30. Beginning in Year 31, the payment will include an annual escalation factor of 2.0% per year. Table D-1 presents the KMA estimate of the revenue stream from Rent payments to the City. Residual Receipts The Developer agrees to pay residual receipts to the CDC toward repayment of the CDC Loan. This revenue stream, inclusive of the unpaid balance of each loan and any accrued interest, is due and payable at the end of Year 55 (see Table D-1). As summarized below, the net compensation to the CDC for Phase I is estimated to total negative $19,794,000. Compensation to CDC - Phase 1 Present Value of Annual Rent Payments (1) Present Value of Loan Payments (1) Amount` $941,000 $222,000 Gross Compensation to CDC (Less) CDC Subordinate Loan for Phase I (Less) CHW Subordinate Loan for Phase I $1,163,000 ($6,000,000) ($14,957,000) Net Compensation to CDC — Phase I ($19,794,000) (1) Present value figures expressed in 2011 dollars, at an 8.0% discount rate. Summary Report Transit -Oriented Infill Affordable Housing 11097ndh 16104 007 047 Page 13 Additionally, the Rent for Phase I from Years 56 through 99 will be determined in the future based on appraisal(s). As such, rent collected from Years 56 through 99 has been excluded from this analysis. Phase 11 Annual Rent The Developer agrees to provide the CDC with an annual payment of $1.00 per year beginning in Year 1 through Year 55. As summarized below, the net compensation to the CDC for Phase I is estimated to total negative $14,909,000. Annual Rent Payments (Less) CHW Subordinate Loan for Phase II $55 ($14,909,000) Net Compensation to CDC — Phase II (rounded) ($14,909,000) Additionally, the Rent for Phase II from Years 56 through 99 will be determined in the future based on appraisal(s). As such, rent collected from Years 56 through 99 has been excluded from this analysis. Conclusion Based on the foregoing analysis, KMA concludes that the compensation paid to the CDC for the interest to be conveyed is: • Phase I, negative $19,794,000 • Phase II, negative $14,909,000 Summary Report Transit -Oriented Infill Affordable Housing 11097ndh 16104.007.047 Page 14 VI. EXPLANATION OF THE DIFFERENCE, IF ANY, BETWEEN THE COMPENSATION TO BE PAID TO THE CDC BY THE PROPOSED TRANSACTION AND THE FAIR MARKET VALUE OF THE INTERESTS TO BE CONVEYED AT THE HIGHEST AND BEST USE CONSISTENT WITH THE REDEVELOPMENT PLAN The estimated fair market value of the interests to be conveyed at their highest and best use is $8,890,000. The compensation to be paid to the CDC is negative $34,703,000. Factors affecting the difference in compensation and fair market value of the Property at highest and best use include: • The fair market value at highest and best use has been determined based on assumed continued use for commercial purposes. • The Project will consist of multi -family apartments restricted to very low-, low-, and moderate income households. • The Project will be developed on a 99-year ground lease rather than fee simple ownership. • The Project is proposed to receive subsidies from Low Income Housing Tax Credits and Proposition 1C which impose specific covenants and restrictions (such as prevailing wages) on the Project. • The Project is required to maintain an annual operating budget for social services for tenants. Summary Report Transit -Oriented Inrill Affordable Housing 11097ndh 16104.007.047 Page 15 VII. EXPLANATION OF WHY THE LEASE OF THE PROPERTY WILL ASSIST WITH THE ELIMINATION OF BLIGHT The Redevelopment Plan (Plan) for the National City Redevelopment Project Area governs the Property. In accordance with Section 33490 of the California Community Redevelopment Law, the Plan contains the goals and objectives and the projects and expenditures proposed to eliminate blight within the Project Area. These blighting factors include: • The age, obsolescence, deterioration, mixed character, or shifting uses of existing buildings within the Project Area. • The subdividing and sale of lots of irregular form and shape, and inadequate size, for proper usefulness and development. • A prevalence of depreciated values and impaired investments, and social and economic maladjustment. • The defective design in character or physical condition of existing buildings. Implementation of the proposed Agreement can be expected to assist in the alleviation of blighting conditions through the following: • Improve the City's housing stock. • Consolidation of irregular parcels into a site appropriate for development. • Elimination of conditions of economic dislocation such as fragmented ownership patterns. • Expansion, renovation, and relocation of businesses within the Project Area. • Encourage private sector investment in development in the Project Area. Summary Report Transit -Oriented Infill Affordable Housing 11097ndh 16104.007.047 Page 16 VIII. LIMITING CONDITIONS The estimates of re -use and fair market value at the highest and best use contained in this Summary Report assume compliance with the following assumptions: 1. The ultimate development will not vary significantly from that assumed in this Report. 2. The title of the Property is good and marketable; no title search has been made, nor have we attempted to determine the ownership of the property. The value estimates are given without regard to any questions of title, boundaries, encumbrances, liens or encroachments. It is assumed that all assessments, if any are paid. 3. The Property will be in conformance with the applicable zoning and building ordinances. 4. Information provided by such local sources as governmental agencies, financial institutions, realtors, buyers, sellers, and others was considered in light of its source, and checked by secondary means. 5. If an unforeseen change occurs in the economy, the conclusions herein may no longer be valid. 6. The Project will adhere to the schedule of performance described in the Agreements. 7. Both parties are well informed and well advised and each is acting prudently in what he/she considers his/her own best interest. attachments Summary Report Transit -Oriented Inf'ill Affordable Housing 11097ndh 16104.007.047 Page 17 Appendix A LAND SALES COMPARABLES Transit -Oriented Infill Affordable Housing National City CDC TABLE A-1 COMMERCIAL LAND SALES, NATIONAL CITY, JANUARY 2008 TO PRESENT (1) TRANSIT -ORIENTED INFILL AFFORDABLE HOUSING NATIONAL CITY CDC Sale Date Address City Sale Price Acres SF $ISF Intended Use 09/16/10 2120 Highland Avenue National City $1,370,000 0.78 33,846 $40 Hold for development 03/11/10 1540 E. Plaza Boulevard National City $640,500 0.42 18,295 $35 Retail 03/13/09 Hoover Avenue National City $8,900,000 6.98 304,049 $23 Hold for investment 09/30/08 Hoover Avenue National City $4,750,000 5.73 249,599 $19 Commercial Minimum $640,500 0.42 18,295 $19 Maximum $6,900,000 6.98 304,049 $40 Median $3,060,000 3.25 141,723 $29 Average $3,415,125 3.48 151,447 $29 Source: CoStar Comps, Inc. Prepared by: Keyser Marston Associates, Inc. Filename: i:National City\Re_Use_Land Comparables;6/612011;rks Appendix B FINANCIAL PRO FORMA ANALYSIS Transit -Oriented Infill Affordable Housing Phase National City CDC Phase I TABLE B-1 PROJECT DESCRIPTION TRANSIT -ORIENTED INFILL AFFORDABLE HOUSING NATIONAL CITY CDC I. Site Area 3.46 Acres Il. Gross Building Area Residential Net Building Area 102,520 SF 90% Circulation/Common Areas 11,400 SF 10% Total Gross Building Area 113,920 SF 100% (Buildings 1, 2, and 3) 111. Unit Mix # of Units Average Unit Size One Bedroom 24 Units 22% 615 SF Two Bedroom 49 Units 45% 884 SF (1) Three Bedroom 36 Units 33% 1,235 SF Total/Average 109 Units 100% 941 SF IV. Affordability Mix 30%ofAMI 12 Units 11% 40%ofAMI 23 Units 21% 50% of AMI 73 Units 67% Manager Unit 1 Unit 1% Total Units 109 Units 100% Average Affordability 46% AMI (excl. Manager Unit) V. Number of Stories 3 Stories (Type V) over Concrete Garage VI. Parking Structured At -Grade Podium Number of Spaces (1) Reflects weighted average for two -bedroom unit. 183 Spaces 1.7 Spaces/Unit Prepared by: Keyser Marston Associates, Inc. Filename: National City\Phase I_v4_Re-Use;6/6/2011;rks Phase 1 TABLE B-2 ESTIMATED DEVELOPMENT COSTS TRANSIT -ORIENTED INFILL AFFORDABLE HOUSING NATIONAL CITY CDC Totals Per Unit Comments I. Direct Costs (1)(2) Off -Site Improvements (3) $2,467,000 $22,600 $16 Per SF Site Demolition $417,000 $3,800 $3 Per SF Site On-Sites/Landscaping $2,481,000 $22,800 $16 Per SF Site Parking $7,575,000 $69,500 $41,393 Per Space Shell Construction $17,206,000 $157,900 $151 Per SF GBA FF&E/Amenities $325,000 $3,000 Allowance Contingency $1 507,000 $13,800 4.9% of Directs Total Direct Costs $31,978,000 $293,400 $281 Per SF GBA II. Indirect Costs Architecture & Engineering $2,462,000 $22,600 7.7% of Directs Permits & Fees (3) $1,090,000 $10,000 $10 Per SF GBA Legal & Accounting $825,000 $7,600 2.6% of Directs Taxes & Insurance $25,000 $200 0.1% of Directs Environmental Insurance $150,000 $1,400 0.5% of Directs Developer Fee $2,500,000 $22,900 7.8% of Directs Marketing/Lease-Up $175,000 $1,600 Allowance Contingency $100,000 $900 1.4% of Indirects Total Indirect Costs $7,327,000 $67,200 22.9% of Directs III. Financing Costs Loan Fees Interest During Construction Interest During Lease -Up Escrow/Title/Recording TCAC Fees Operating Lease-Up/Reserves Total Financing Costs $509,000 $4,700 1.6% of Directs $1,855,000 $17,000 5.8% of Directs $0 $0 0.0% of Directs $50,000 $500 0.2% of Directs $264,000 $2,400 0.8% of Directs $928,000 $8,500 2.9% of Directs (4) $3,606,000 $33,100 11.3% of Directs IV. Total Development Costs $42,911,000 $393,700 $377 Per SF GBA Excluding Land $42,911,000 (1) Assumes the payment of prevailing wages. (2) Includes pro rata share of general conditions and contractor fee. (3) Developer estimate; not verified by KMA or City. (4) Includes transition/operating reserve and other costs/reserve. Prepared by: Keyser Marston Associates, Inc. Filename: National City\Phase I_v4_Re-Use;6/6/2011;rks TABLE B-3 NET OPERATING INCOME TRANSIT -ORIENTED INFILL AFFORDABLE HOUSING NATIONAL CITY CDC 1. Gross Scheduled Income One Bedroom @ One Bedroom @ One Bedroom @ One Bedroom @ 30% of AMI 40% of AMI 50% of AMI (1) 50% of AMI # of Total Units $/Month Annual 3 $388 $13,968 5 $536 $32,160 13 $683 $106,548 3 $683 $24,588 Two Bedroom @ Two Bedroom @ Two Bedroom @ Two Bedroom @ Two Bedroom 30% of AMI 40% of AMI 50% of AMI 50% of AMI (1) Manager Unit 5 10 9 24 1 $461 $638 $780 $814 $0 $27,660 $76,560 $84,240 $234,432 $0 Three Bedroom @ 30% of AMI Three Bedroom @ 40% of AMI Three Bedroom @ 50% of AMI (1) Three Bedroom @ 50% of AMI 4 8 18 6 $528 $732 $936 $860 $25,344 $70,272 $202,176 $61,920 Total/Average Add: Laundry Income Total Gross Scheduled Income (GSI) II. Effective Gross Income (Less) Vacancy @ Total Effective Gross Income (EGI) 11I. Operating Expenses (Less) Operating Expenses (Less) Management Fee (Less) Social Services (Less) Property Taxes (2) (Less) Replacement Reserves Total Expenses 109 $734 $959,868 $6 /Unit/Month $7,848 $967,716 5.0% of GSI ($48,3861 $919,330 $3,827 /Unit/Year ($417,196) $506 /Unit/Year ($55,160) $550 /Unit/Year ($60,000) $46 /Unit/Year ($5,000) $300 /Unit/Year ($32,700) $5,230 /Unit/Year ($570,056) 62.0% of EGI IV. Net Operating Income Or Say (Rounded) $349,274 $349,000 (1) Reflects units restricted at California Redevelopment Law (CRL) moderate levels. (2) Development will be tax-exempt because co -developer is a non-profit entity. Prepared by: Keyser Marston Associates, Inc. Filename: National City\Phase I_v4_Re-Use;6/6/2011;rks Phase I TABLE B-4 RESIDUAL LAND VALUE TRANSIT -ORIENTED INFILL AFFORDABLE HOUSING NATIONAL CITY CDC I. Sources of Funds Supportable Debt(1) $3,542,000 Market Value of Tax Credits (2) $14,508,000 Deferred Developer Fee $0 Proposition 1C Funds $4,664,000 Total Sources of Funds $22,714,000 II. (Less) Development Costs - Excl. Land ($42,911,000) III. Residual Land Value ($20,197,000) Per Unit ($185,000) (1) Supportable Debt Net Operating Income $349,274 Interest Rate 6.50% Term (in years) 30 Debt Coverage Ratio 1.30 Annual Debt Service $268,672 Supportable Debt $3,542,000 (2) Low Income Housing Tax Credits (Federal) Estimate of Eligible Basis: Total Development Costs $42,911,000 (Less) Ineligible Costs ($5,216,236) Eligible Basis $37,694,764 Tax Credit Proceeds: Maximum Eligible Basis $37,694,764 Impacted Bonus Factor 130.0% $49,003,193 Tax Credit Qualified Units/Applicable Factor 100.0% $49,003,193 Tax Credit Rate @ 3.29% $1,612,205 Total Tax Credits @ 10 $16,122,051 Limited Partner Share 100.0% $16,120,438 Present Market Value @ 90.0% $14,508,000 Prepared by: Keyser Marston Associates, Inc. Filename: National CitylPhase 1_v4_Re-Use;6/6/2011;rks Appendix C FINANCIAL PRO FORMA ANALYSIS Transit -Oriented Infill Affordable Housing Phase II National City CDC Phase II TABLE C-1 PROJECT DESCRIPTION TRANSIT -ORIENTED INFILL AFFORDABLE HOUSING NATIONAL CITY CDC I. Site Area 3.69 Acres II. Gross Building Area Residential Net Building Area 83,685 SF 90% Circulation/Common Areas 9,300 SF 10% Total Gross Building Area 92,985 SF 100% (Buildings 4 and 5) III. Unit Mix # of Units Average Unit Size Studio 6 Units 7% 400 SF One Bedroom 21 Units 23% 625 SF Two Bedroom 36 Units 39% 898 SF (1) Three Bedroom 29 Units 32% 1,235 SF Total/Average 92 Units 100% 910 SF IV. Affordability Mix 30% of AMI 40% of AMI 50% of AMI Manager Unit Total Units Average Affordability (excl. Manager Unit) 11 Units 12% 21 Units 23% 59 Units 64% 1 Units 1% 92 Units 100% 45% AMI V. Number of Stories 3 Stones (Type V) over Concrete Garage VI. Parking Structured At -Grade Podium Number of Spaces (1) Reflects weighted average for two -bedroom unit. 145 Spaces 1.6 Spaces/Unit Prepared by: Keyser Marston Associates, Inc. Filename: National CitylPhase II_v4_Re-Use;6/6/2011;rks Phase 1I TABLE C-2 ESTIMATED DEVELOPMENT COSTS TRANSIT -ORIENTED INFILL AFFORDABLE HOUSING NATIONAL CITY CDC Totals Per Unit Comments 1. Direct Costs (1)(2) Off -Site Improvements (3) $1,174,500 $12,800 $7 Per SF Site Demolition $123,300 $1,300 $1 Per SF Site On-Sites/Landscaping $2,251,700 $24,500 $14 Per SF Site Parking $6,535,100 $71,000 $45,070 Per Space Shell Construction $12,529,200 $136,200 $135 Per SF GBA FF&E/Amenities $325,000 $3,500 Allowance Contingency $1,130,700 $12,300 4.9% of Directs Total Direct Costs $24,070,000 $261,600 $259 Per SF GBA II. Indirect Costs Architecture & Engineering $1,756,000 $19,100 7.3% of Directs Permits & Fees (3) $920,000 $10,000 $10 Per SF GBA Legal & Accounting $695,000 $7,600 2.9% of Directs Taxes & Insurance $25,000 $300 0.1% of Directs Environmental Insurance $150,000 $1,600 0.6% of Directs Developer Fee $2,500,000 $27,200 10.4% of Directs Marketing/Lease-Up $175,000 $1,900 Allowance Contingency $100,000 $1,100 1.6% of lndirects Total Indirect Costs $6,321,000 $68,700 26.3% of Directs 11I. Financing Costs Loan Fees Interest During Construction Interest During Lease -Up Escrow/Title/Recording TCAC Fees Operating Lease-Up/Reserves Total Financing Costs $464,000 $5,000 1.9% of Directs $1,544,000 $16,800 6.4% of Directs $0 $0 0.0% of Directs $50,000 $500 0.2% of Directs $253,000 $2,800 1.1% of Directs $348,000 $3,800 1.4% of Directs $2,659,000 $28,900 11.0% of Directs IV. Total Development Costs $33,050,000 $359,200 $355 Per SF GBA (excluding land) $33,050,000 (1) Assumes the payment of prevailing wages. (2) Includes pro rata share of general conditions and contractor fee. (3) Developer estimate; not verified by KMA or City. Prepared by: Keyser Marston Associates, Inc. Filename: National CitylPhase II_v4_Re-Use;6/6/2011;rks Phase 1I TABLE C-3 NET OPERATING INCOME TRANSIT -ORIENTED INFILL AFFORDABLE HOUSING NATIONAL CITY CDC # of Total Units $/Month Annual I. Gross Scheduled Income Studio @ 30% of AMI Studio @ 40% of AMI Studio @ 50% of AMI (1) 1 2 3 $374 $512 $649 $4,488 $12,288 $23,364 One Bedroom @ 30% of AMI 40% of AMI 50% of AMI (1) 50% of AMI One Bedroom @ One Bedroom @ One Bedroom @ 3 5 11 2 $388 $536 $683 $683 $13,968 $32,160 $90,156 $16,392 Two Bedroom @ Two Bedroom @ Two Bedroom @ Two Bedroom @ Two Bedroom Three Bedroom @ Three Bedroom @ Three Bedroom @ Three Bedroom @ 30% of AMI 40% of AMI 50% of AMI (1) 50%ofAMI 4 $461 8 $638 18 $814 5 $780 Manager Unit 1 $0 30% of AMI 40% of AMI 50% of AMI (1) 50%ofAMI 3 6 14 6 $22,128 $61,248 $175,824 $46,800 $0 $528 $732 $936 $860 $19,008 $52,704 $157,248 $61,920 Total/Average Add: Laundry Income Total Gross Scheduled Income (GSI) II. Effective Gross Income (Less) Vacancy @ Total Effective Gross Income (EGI) 11I. Operating Expenses (Less) Operating Expenses (Less) Management Fee (Less) Social Services (Less) Property Taxes (2) (Less) Replacement Reserves (Less) Monitoring Fee Total Expenses 92 $715 $789,696 $6 /Unit/Month $6,624 $796,320 5.0% of Income ($39,816) $756,504 $3,885 /Unit/Year ($357,378) $493 /Unit/Year ($45,390) $652 /Unit/Year ($60,000) $54 /Unit/Year ($5,000) $300 /Unit/Year ($27,600) /Unit/Year $5,384 /Unit/Year ($495,368) 65.5% of EGI IV. Net Operating Income Or Say (Rounded) $261,136 $261,000 (1) Reflects units restricted at California Redevelopment Law (CRL) moderate levels. (2) Development will be tax-exempt because co -developer is a non-profit entity. Prepared by: Keyser Marston Associates, Inc. Filename: National City\Phase II_v4_Re-Use;61612011;rks Phase I1 TABLE C-4 RESIDUAL LAND VALUE TRANSIT -ORIENTED INFILL AFFORDABLE HOUSING NATIONAL CITY CDC I. Sources of Funds Supportable Debt (1) $2,648,000 Market Value of Tax Credits (2) $11,557,000 Deferred Developer Fee $0 Proposition 1C Funds $3,936,000 Total Sources of Funds $18,141,000 II. (Less) Development Costs ($33,050,000) 111. Residual Land Value ($14,909,000) Per Unit ($162,000) (1) Supportable Debt Net Operating Income $261,136 Interest Rate 6.50% Term (in years) 30 Debt Coverage Ratio 1.30 Annual Debt Service $200,846 Supportable Debt $2,648,000 (2) Low Income Housing Tax Credits (Federal) Threshold Basis Limits: Total Development Costs $33,050,000 (Less) Ineligible Costs ($3 023,286) Eligible Basis $30,026,714 Tax Credit Proceeds: Maximum Eligible Basis $30,026,714 Impacted Bonus Factor 130.0% $39,034,728 Tax Credit Qualified Units/Applicable Factor 100.0% $39,034,728 Tax Credit Rate @ 3.29% $1,284,243 Total Tax Credits @ 10 $12,842,426 Limited Partner Share 100.0% $12,841,141 Present Market Value @ 90.0% $11,557,000 Prepared by: Keyser Marston Associates, Inc. Filename: National City\Phase II_v4_Re-Use;616/2011;rks Appendix D Cash Flow Analysis Transit -Oriented Infill Affordable Housing Phase I A. Income Escalation: Affordable Housing (Years 1-99) 2.5% B. Vacancy: Affordable Housing (Years 1-99) 5.0% C. Operating Expense Escalation: Operating Expenses 3.5% Services/Amenities 3.5% Property Tax 2.0% Replacement Reserves 3.5% Ground Rent Payment 2.0% Asset Management Fee Escalation 3.5% D. Ground Lease Payments: Years 1 - 30 (per Year) Years 31 - 55 (per Year) $75,000 2.0% escalation/year E. Cash Flow Distribution Years 1-30 Years 31-55 City Taxable Loan $6,000,000 14% 14% CHW Community Benefit Loan $14,197,000 36% 36% CHW Proposition 1C Funds Loan $4,664,000 15% 15% Developer 35% 35% Total $24,861,000 100% 100% rnase I TABLE D•1 55-YEAR CASH FLOW PROJECTION TRANSIT -ORIENTED INFILL AFFORDABLE HOUSING NATIONAL CITY CDC I. Gross Scheduled Income (GSI) (Less) Vacancy 1 2 2 4 5 ¢ 1 8 9 $967,716 $991,909 S1,016,707 $1,042,124 $1,068,177 $1,094,882 $1,122,254 $1,150,310 $1,179,068 ($48,386) f$49,595) ($50,835) ($52,106) ($53,409). J$54,744) ($56,113) ($57,516) f$58,9531 II. Effective Gross Income (EGI) $919,330 $942,313 $965,871 $990,018 $1,014,769 $1,040,138 $1,066,141 $1,092,795 $1,120,115 (Less) Operating Expenses ($570,056) ($589.3811, ($609,3681 ($630.038) ($651.4161 ($673.525) ($696.3921 ($720,041) ($744,501) III. Total Net Operating Income $349,274 $352,932 $356,504 $359,980 $363,353 $366,613 $369,750 $372,753 $375,614 (Less) Debt Service • Permanent Loan ($266.672) ($268,672) ($268,672) ($268,672) ($268,672) ($268,6721 f$268.672) ($268,672_1 ($268,672) IV. Project Cash Flow $80,602 $84,260 $87,831 $91,308 $94,681 $97,940 $101,077 $104,081 $106,941 V. (Less) Limited Partner Asset Mgmt, Fee ($5,000) ($5,175) ($5,356) ($5,544) ($5,738) ($5,938) ($6,146) ($6,361) ($6,584) (Less) General Partner Asset Mgmt. Fee ($25,0001 ($25.875) 026,781) J$27,7181 ($28,688) ($29,692) ($30,731) ($31,8071 f$32.9201 Total Asset Management Fees (S30,000) ($31,050) ($32,137) ($33,262) ($34,426) ($35,631) ($36,878) ($38,168) ($39,504) VI. Total Cash Flow $50,602 $53,210 $55,695 $58,046 $60,255 $62,310 $64,200 $65,913 $67,437 VII. Commission Subordinate Loan for Phase I Beginning Balance Interest (Less) Cash Flow Credit of Ending Balance Present Value of Loan Payments 0.25% 8.0% Discount Rate ' r#$5,{IOODOO $15,000 ($7.324) $6,007,676 $222,000 $6,007,676 $6,014,975 06,021,914 $6,028,512 S6,034,791 $6,040,773 $6,046,481 $6,051,941 $15,000 $15,000 $15,000 $15,000 $15,000 $15,000 $15,000 $15,000 ($7.701) ($8.061) ($8,401) 1$8,721) 1$9,018) ($9,292), ($9.540) 09,761) S6,014,975 $6,021,914 $6,028,512 $6,034,791 $6,040,773 56,046,481 $6,051,941 $6,057,180 VIII. Annual Rent Payments Present Value of Annual Rent Payments 8.0% Discount Rate Prepared by: Keyser Marston Associates, Inc. Filename: i:National City\Phase I vd_Re-Use,6/8/2011 rks $75,000 $75,000 $75,000 $75,000 $75,000 $75,000 $75,000 $941,000 $75,000 $75,000 Phase) TABLE D-1 55-YEAR CASH FLOW PROJECTION TRANSIT -ORIENTED INFILL AFFORDABLE HOUSING NATIONAL CITY CDC I. Gross Scheduled Income (GSI) (Less) Vacancy 10 ]1 12 13 14 15 18 17 L 19 $1,208,545 $1,238,758 $1,269,727 $1,301,470 $1,334,007 $1,367,357 $1,401,541 $1,436,580 $1,472,494 $1,509,307 ($60,427) ($61.938) ($63.486) ($65,074) ($66.700) ($68,368) ($70,0771 ($71.8291 ($73,625) ($75,465) 11. Effective Gross Income (EGI) $1,148,117 $1,176,820 $1,206,241 $1,236,397 $1,267,307 $1,298,990 $1,331,464 $1,364,751 $1,398,870 $1,433,841 (Less) Operating Expenses ($769.798) ($795,963) ($823,024) ($851,0131 ($879,9611 ($909,9031 ($940,871) ($972,9021 ($1.006,031) ($1,040,2981 III. Total Net Operating Income $378,319 $380,858 $383,217 $385,384 $387,345 $389,087 $390,593 $391,849 $392,838 $393,543 (Less) Debt Service - Permanent Loan ($268,6721 ($268.6721 ($268,672), ($268.6721 ($268,6721 ($268,672) ($268,6721 1$268,6721 ($268,6721 ($268,672) IV. Project Cash Flow $109,647 $112,185 $114,545 $116,712 $118,673 $120,415 $121,921 $123,177 $124,166 $124,871 V, (Less) Limited Partner Asset Mgmt. Fee ($6,814) ($7,053) ($7,300) ($7,555) ($7,820) ($8,093) $0 $0 $0 $0 (Less) General Partner Asset Mgmt. Fee ($34.0721 ($35.2651 ($36.4991 ($37.7771 ($39.0991 ($40,4671 ($41.884) ($43,350) ($44.8671 ($46.437) Total Asset Management Fees ($40,887) ($42,318) ($43,799) ($45,332) ($46,919) ($48,561) ($41,884) ($43,350) ($44,867) ($46,437) VI. Total Cash Flow $68,760 $69,867 $70,745 $71,380 $71,754 $71,854 $80,037 $79,827 $79,299 $78,434 VII. Commission Subordinate Loan for Phase I Beginning Balance $6,057,180 $6,062,228 $6,067,116 $6,071,877 $6,076,546 $6,081,160 $6,085,760 $6,089,176 $6,092,622 $6,096,145 Interest 0.25% S15,000 $15,000 $15,000 $15,000 $15,000 $15,000 $15,000 $15,000 $15,000 $15,000 (Less) Cash Flow Credit of ($9.952) ($10,1121 ($10,2391 ($10,3311 ($10,385) ($10,400) ($11.5841 ($11,5541 ($11.4771 ($11,352) Ending Balance $6,062,228 $6,067,116 S6,071,877 $6,076,546 $6,081,160 $6,085,760 $6,089,176 $6,092,622 $6,096,145 $6,099,793 Present Value of Loan Payments 8.0% Discount Rate VIII, Annual Rent Payments Present Value of Annual Rent Payments 8.0% Discount Rate Frepared by: Keyser Marston Associates, Inc. Filename: I:National City\Phase I v4 Re-Use;616/2011;rks $75,000 $75,000 $75,000 $75,000 $75,000 $75,000 $75,000 $75,000 $75,000 $75,000 TABLE D-1 55-YEAR CASH FLOW PROJECTION TRANSIT -ORIENTED INFILL AFFORDABLE HOUSING NATIONAL CITY CDC I. Gross Scheduled Income (GSI) (Less) Vacancy II. Effective Gross Income (EGI) (Less) Operating Expenses III. Total Net Operating Income (Less) Debt Service - Permanent Loan IV. Project Cash Flow 20 21 22 23 24 25 26 27 28 29 $1,547,039 $1,585,715 $1,625,358 $1,665,992 $1,707,642 $1,750,333 $1,794,091 $1,838,944 $1,884,917 $1,932,040 ($77.352). (579,286) 481,268) ($83,300) ($85,3821 ($87,5171 489,705) ($91.9471 494,2461 496,602) $1,469,687 $1,506,430 $1,544,090 $1,582,693 $1,622,260 $1,662,816 $1,704,387 $1,746,996 $1,790,671 $1,835,438 .41,075,7411 41,112,4011 ($1,150,3201 41,189.5411 41,230,1091 j$1,272,071) ($1,315,475) 41.360,3711 ($1,406.8111 41,454,847) $393,946 $394,029 $393,771 $393,152 $392,151 $390,745 $388,911 $386,625 $383,861 $380,592 ($268,6721 ($268.6721 ($268,072) 4268,6721 4268.6721 (5268,6721 4268.672) 4268.6721. 4268.6721 ($268,6721 $125,274 $125,356 $125,098 $124,480 $123,479 $122,073 $120,239 $117,953 $115,188 $111,919 V. (Less) Limited Partner Asset Mgmt. Fee $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 (Less) General Partner Asset Mgmt, Fee ($48,0631 ($49,7451 451,4861 ($53,2881. 455.153) 457,0831 ($59,081) ($61.1491 ($63,2891 ($65,5041 Total Asset Management Fees ($48,063) ($49,745) ($51,486) ($53,288) ($55,153) ($57,083) ($59,081) ($61,149) ($63,289) ($65,504) VI. Total Cash Flow $77,212 $75,612 $73,613 $71,192 $68,326 $64,990 $61,158 $56,804 $51,899 $46,415 VII. Commission Subordinate Loan for Phase I Beginning Balance $6,099,793 $6,103,618 $6,107,674 $6,112,019 $6,116,715 $6,121,826 $6,127,420 $6,133,568 $6,140,347 $6,147,835 Interest 0.25% $15,000 $15,000 $15,000 $15,000 $15,000 $15,000 $15,000 $15,000 $15,000 $15,000 (Less) Cash Flow Credit of 411.1751 (510,9441 410,6541 j610.304) 49,8891 (59,4061 48.8521 f$8.2221 ($7,512) (66,7161 Ending Balance $6,103,618 $6,107,674 $6,112,019 $6,116,715 $6,121,826 $6,127,420 $6,133,568 $6,140,347 S6,147,835 $6,156,117 Present Value of Loan Payments 8.0% Discount Rate VIII. Annual Rent Payments Present Value of Annual Rent Payments 8.0% Discount Rate Prepared by: Keyser Marston Associates, Inc. Fi ename: I:National City Phase I_v4_Re-Use;616/2011;rks $75,000 $75,000 $75,000 $75,000 $75,000 $75,000 $75,000 $75,000 $75,000 $75,000 Phase I TABLE D-1 55-YEAR CASH FLOW PROJECTION TRANSIT -ORIENTED INFILL AFFORDABLE HOUSING NATIONAL CITY CDC I. Gross Scheduled Income (GSI) (Less) Vacancy 7i0 31 32 34 35 36 37 38 39 $1,980,341 $2,029,850 $2,080,596 $2,132,611 $2,185,926 $2,240,574 $2,296,589 $2,354,003 $2,412,853 $2,473,175 099,017) ($101,492) ($104,0301 ($106,631) (8109,296) ($112,029) (8114,829) ($117,700) ($120,643) ($123 659) II. Effective Gross Income (EGI) $1,881,324 $1,928,357 S1,976,566 $2,025,980 $2,076,630 $2,128,546 $2,181,759 $2,236,303 $2,292,211 $2,349,516 (Less) Operating Expenses ($1,504,534) ($1,555,931) 01,609.096) ($1,664,090) j$1,720,976) ($1,779,8201 01,840,6891 ($1,903.655) j$1,968,788) ($2,036,164) III. Total Net Operating Income $376,790 $372,426 $367,470 $361,891 $355,654 $348,726 $341,070 $332,649 $323,423 S313,352 (Less) Debt Service - Permanent Loan ($268,672) $2 30 30 IQ :2 11 10 30 30 IV. Project Cash Flow $108,117 $372,426 $367,470 $361,891 $355,654 $348,726 $341,070 $332,649 $323,423 $313,352 V. (Less) Limited Partner Asset Mgmt. Fee $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 (Less) General Partner Asset Mgmt. Fee ($67,797) j$70.170) j$72.6261 j$75,168) j$77,799) j$80,522) ($83.340 ($86,257 ) ) ($89,276) ($92.400) Total Asset Management Fees ($67,797) ($70,170) ($72,626) ($75,168) ($77,799) ($80,522) (583,340) ($86,257) ($89,276) ($92,400) VI. Total Cash Flow $40,320 $302,256 $294,845 $286,723 $277,855 $268,204 $257,730 $245,392 $234,147 $220,952 VII. Commission Subordinate Loan for Phase I Beginning Balance $6,156,117 $6,165,281 $6,136,534 $6,108,860 $6,082,361 $6,057,145 $6,033,326 $6,011,024 $5,990,362 $5,971,448 Interest 0.25% $15,000 $15,000 $15,000 $15,000 $15,000 $15,000 $15,000 $15,000 $14,976 $14,929 (Less) Cash Flow Credit of 05.836) ($43.747) ($42.674) ($41.499) j$40.216) j$38.819) ($37.303) ($35,662) j$33.889) ($31.980) Ending Balance S6,165,281 $6,136,534 $6,108,860 $6,082,361 $6,057,145 $6,033,326 $6,011,024 $5,990,362 $5,971,448 $5,954,398 Present Value of Loan Payments 8.0% Discount Rate VIII. Annual Rent Payments Present Value of Annual Rent Payments 8.0% Discount Rate Prepared by: Keyser Marston Associates, Inc. Filename: i:National City1Phase I_v4 Re..Use:6/6/2011;rks $75,000 $76,500 $78,030 $79,591 $81,182 $82,806 $84,462 S86,151 $67,874 $89,632 Phase 1 TABLE D-1 55-YEAR CASH FLOW PROJECTION TRANSIT -ORIENTED INFILL AFFORDABLE HOUSING NATIONAL CITY CDC I. Gross Scheduled Income (GSI) (Less) Vacancy 4Q 41 42 4.1 44 45 46 47 48 49 $2,535,004 $2,598,379 $2,663,339 $2,729,922 $2,798,170 52,868,124 S2,939,828 $3,013,323 $3,088,656 $3,165,873 j$126,7501 ($129,9191 ($133,167) ($136,4961 j$139,909) ($143,4061 4146,991) j$150,666) j$154,4331 ($158,2941 II. Effective Gross Income (EGI) $2,408,254 $2,468,460 $2,530,172 $2,593,426 $2,658,262 $2,724,718 $2,792,836 $2,862,657 $2,934,224 $3,007,579 (Less) Operating Expenses j$2,105,861) j$2,177,959) 02,252.540) ($2,329,692) ($2,409.503) j$2,492,065) ($2,577,473) ($2,665.826), j$2.757,2261 (S2,851,7781 III. Total Net Operating Income $302,393 $290,502 $277,631 5263,734 $248,759 $232,653 $215,363 $196,831 $176,997 $155,801 (Less) Debt Service - Permanent Loan IQ 11 $4 IQ 12 IQ 1.4 $0 V. Project Cash Flow $302,393 $290,502 $277,631 $263,734 $248,759 $232,653 $215,363 $196,831 $176.997 $155,801 V. (Less) Limited Partner Asset Mgmt. Fee $0 $0 $0 $0 $0 $0 S0 $0 $0 $0 (Less) General Partner Asset Mgmt. Fee j$95.6341 j$98.981) j$102,446) (5106.031), j$109.743). (S113.584) ($117,5591 j$121,6741 j$125,932) ($130,340) Total Asset Management Fees ($95,634) ($98,981) (S102,446) ($106,031) ($109,743) ($113,584) ($117,559) ($121,674) ($125,932) ($130,340) VI. Total Cash Flow $206,759 $191,520 $175,186 $157,702 $139,016 $119,070 $97,804 $75,157 $51,065 S25,461 VII. Commission Subordinate Loan for Phase I Beginning Balance $5,954,398 $5,939,358 $5,926,487 $5,915,947 $5,907,912 $5,902,561 $5,900,084 $5,900,679 $5,904,552 $5,911,923 Interest 0.25% $14,886 $14,848 $14,816 $14,790 $14,770 $14,756 $14,750 $14,752 $14,761 $14,780 (Less) Cash Flow Credit of j$29.9251 j$27,720) ($25,356) j$22.8251 ($20.1211 j$17 234) 014,156) ($10,8781 ($7.3911 (63,6851 Ending Balance $5,939,358 $5,926,487 $5,915,947 $5,907,912 $5,902,561 $5,900,084 $5,900,679 $5,904,552 $5,911,923 $5,923,017 Present Value of Loan Payments 8,0% Discount Rate VIII. Annual Rent Payments Present Value of Annual Rent Payments 8.0% Discount Rate Prepared by: Keyser Marston Associates, Inc. Fi!enarne: 1:National CityPhase I_v4_Re•Use;6/6/2011;rks $91,425 $93,253 $95,118 $97,020 $98,961 $100,940 $102,959 $105,018 $107,118 $109,261 Phase I TABLE D-1 55-YEAR CASH FLOW PROJECTION TRANSIT -ORIENTED INFILL AFFORDABLE HOUSING NATIONAL CITY CDC I. Gross Scheduled Income (GSI) (Less) Vacancy 50 51 52 53 54 55 $3,245,020 $3,326,145 $3,409,299 $3,494,531 $3,581,894 $3,671,442 ($162.2511 4166,307) ($170.465) ($174,727) ($179,095) ($183.572) II. Effective Gross Income (EGI) $3,082,769 $3,159,838 $3,238,834 $3,319,805 $3,402,800 $3,487,870 (Less) Operating Expenses f$2,949,592) ($3,050,780) ($3.155,460) f$3,263,751) ($3,375,781) J$3,491.677) III. Total Net Operating Income $133,177 $109,058 $83,374 $56,053 $27,019 ($3,808) (Less) Debt Service - Permanent Loan IQ Q I0 IQ $Q IV. Project Cash Flow $133,177 $109,058 $83,374 $56,053 $27,019 ($3,808) V. (Less) Limited Partner Asset Mgmt. Fee $0 $0 $0 $0 $0 $0 (Less) General Partner Asset Mgmt. Fee ($134.902) f$139,623) f$144,5101, f$149.568) f$154,803) ($160,2211 Total Asset Management Fees ($134,902) ($139,623) ($144,510) ($149,568) ($154,803) ($160,221) VI. Total Cash Flow ($1,725) ($30,565) ($61,136) ($93,515) ($127,784) ($164,028) VII. Commission Subordinate Loan for Phase I Beginning Balance Interest (Less) Cash Flow Credit of Ending Balance Present Value of Loan Payments $5,923,017 S5,937,825 $5,952,670 $5,967,551 $5,982,470 $5,997,426 0.25% $14,808 $14,845 $14,882 $14,919 $14,956 $5,937,825 $5,952,670 $5,967,551 $5,982,470 55,997,426 8.0% Discount Rate $14,994 0 VIII. Annual Rent Payments $111,446 $113,675 $115,948 $118,267 $120,633 $123,045 Present Value of Annual Rent Payments 8.0% Discount Rate Prepared by: Keyser Marston Associates, Inc. Filename: I:National City\Phase 1_v4_Re-Use;6/612011:rks CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT EETING DATE: June 21, 20111 AGENDA ITEM NO. 17 •ITEM TITLE: Public Hearing — Weed Abatement, Council to hear report findings regarding abated properties and associated fees; per National City Municipal code 9.12.020 — public nuisance declared -Weeds and other flammable materials. (Fire) PREPARED BY: Robert Hernandez/Fire Marshal PHONE: ''336-4552 EXPLANATION: DEPARTMENT: APPROVED BY: In accordance with National City Municipal Code, Chapter 9.12, a report of the proceedings and an accurate account of the cost of abating the nuisance on each separate property shall be filed with the City Council. Notice of the public hearing shall be served in the same manner as summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. Pursuant to National City Municipal Code, Section 1.36.100, the City Council shall consider the Report and Account at the time set for the confirmation of costs hearing, together with any objections or protests by the responsible person or other interested persons. The responsible person or other interested persons may present a written or oral protest or objection to the report and account. At the conclusion of the hearing, the City Council shall by resolution either approve the Report and Account as submitted, or as modified or corrected by the City Council. • FINANCIAL STATEMENT: ACCOUNT NO. 001-12124-3561 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: p 4-v Finance APPROVED: MIS STAFF RECOMMENDATION: City Council by resolution approves the report and Account as submitted or as modified or corrected by City Council. BOARD / COMMISSION RECOMMENDATION: N/A •TACHMENTS: ed Charges Special Assessments - Please see Exhibit "A" City of "'-")nal City Weed Abatement Program 2011/2012 Fixed Charge Special Assessments 554 112 15 00 $3,340.46 2nd St National City Arregui Family Trust 04-18-94 3140 E 2nd St National City CA 91950 554 170 13 00 $930.24 614 S Harbison Ave National City 91950 Otero Delia 614 S Harbison Ave National City CA 91950 556 082 07 00 $862.72 910 Melrose St National City 91950 Ruiz David L 910 Melrose St National City CA 91950 557 180 32 00 $17,604.16 844 Palm Ave National City 91950 Hinton William E 844 Palm Ave National City CA 91950 557 180 37 00 $2,078.20 805 N Ave National City 91950 Li Zhiwei 1498 13th St #193 Imperial Beach CA 91932 557 351 17 00 $1,392.36 M Ave National City Carolino Construction Corp 3035 E 8th St National City CA 91950 557 351 18 00 $1,561.38 M Ave National City Carolino Construction Corp 3035 E 8th St National City CA 91950 557 351 19 00 $1,561.38 M Ave National City Carolino Construction Corp 3035 E 8th St National City CA 91950 557 351 20 00 $1,561.38 M Ave National City Carolino Construction Corp 303E E 8th St National City CA 91950 557 351 21 00 $1561.38 M Ave National City Carolino Construction Corp 3035 E 8th St National City CA 91950 557 351 22 00 $1,561.38 M Ave National City Carolino Construction Corp 3035 E 8th St National City CA 91950 557 351 23 00 $1,223.32 M Ave National City Carolino Construction Corp 3035 E 8th St National City CA 91950 557 351 24 00 $1,223.32 M Ave National City Carolino Construction Corp 3035 E 8th St National City CA 91950 557 351 25 00 $1,223.32 M Ave National City Carolino Construction Corp 3035 E 8th St National City CA 91950 558 132 19 00 $1,207.46 2613 E 16th St National City 91950 Wallace Grace R 2613 E 16th St National City CA 91950 i Total Parcels: 15 Total Assess: $38,892.46 EXHIBIT 'A' CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 21 , 2011' AGENDA ITEM NO. 18 _ _ EM TITLE: An ordinance adopting the Land Use Code Update (Municipal Code Title 18 Zoning), which would repeal the existing Title 18 in its entirety and adopt the proposed Title 18 to implement the General Plan Update as part of the Comprehensive Land Use Update. PREPARED BY: Raymond Pe, Principal Planner lam—' DEPARTMENT: Clopment PHONE: 336-4421 APPROVED BY: EXPLANATION: The Land Use Code implements the broad policies of the General Plan by specifying the uses permitted on each parcel of land, the intensity of development, and standards for development. This update would repeal existing Title 18 Zoning in its entirety and adopt the proposed Title 18 to implement the General Plan Update as part of the Comprehensive Land Use Update, which includes a General Plan Update, a Climate Action Plan, and a Downtown Specific Plan Amendment, all of which were approved by the City Council on June 7, 2011. FINANCIAL STATEMENT: ACCOUNT NO. Not Applicable APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: An Environmental Impact Report was certified by the City Council on June 9, 2011 pursuant to the California Environmental Quality Act. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the ordinance. BOARD / COMMISSION RECOMMENDATION: On May 16, 2011, the Planning Commission took action to recommend that the City Council approve the Land Use Code Update as part of the Comprehensive Land Use Update. ACHMENTS: ORDINANCE NO. 2010 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 18 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO ZONING BE IT ORDAINED by the City Council of the City of National City that Title 18 of the National City Municipal Code is hereby amended to read as follows: TITLE 18 ZONING DIVISION 1 GENERAL PROVISIONS CHAPTER 18-10 — UNDERSTANDING THE LAND USE CODE Sections 18.10.010 Purpose 1-2 18.10.020 Applicability 1-2 18.10.030 Authority, Relationship to the General Plan, Specific Plans, and Design Guidelines 1-2 18.10.040 Responsibility for Administration 1-3 18.10.050 Interpretation of Land Use Code Provisions 1-3 18.10.060 Rules of Measurement 1-5 CHAPTER 18-11 — NON -CONFORMING USES, STRUCTURES, AND PARCELS Sections 18.11.010 Purpose 1-7 18.11.020 Continuance 1-7 18.11.030 Enlargements and Alterations 1-7 18.11.040 Substitution of Nonconforming Uses 1-8 18.11.050 Partially Destroyed Structures 1-8 18.11.060 Religious Institutions 1-8 18.11.070 Single -Family Dwellings 1-9 18.11.080 Nonconforming Parking Facilities 1-9 18.11.090 Nonconforming Signs 1-9 18.11.100 Termination 1-10 18.11.110 Exemptions 1-11 CHAPTER 18-12 — PERMITS AND APPLICATIONS Sections 18.12.010 Permit Application and Review 1-14 18.12.020 Decision Processes for Planning Applications 1-15 18.12.030 Ministerial Decision Process 1-16 Ordinance No. 2011-2362 1 Amending Title 18 — Land Use Code 18.12.040 18.12.050 18.12.060 18.12.070 18.12.080 18.12.090 18.12.100 18.12.110 18.12.120 18.12.130 18.12.140 18.12.150 18.12.160 Discretionary Decision Process 1-17 Noticing and Public Hearings 1-18 Appeals 1-20 Site Plan Review 1-21 Minor Use Permits 1-22 Home Occupation Permits 1-24 Sign Permits 1-25 Conditional Use Permits 1-27 Variances 1-28 Planned Development Permits 1-30 Zoning Amendments 1-31 General Plan and Specific Plan Amendments 1-32 Historic Properties 1-32 DIVISION 2 ZONING DISTRICTS AND ALLOWABLE LAND USES CHAPTER 18-20 — ZONING MAP Sections 18.20.010 18.20.020 18.20.030 CHAPTER 18-21 Sections 18.21.010 18.21.020 18.21.030 18.21.040 18.21.050 Purpose 2-3 Zones and Zoning Map 2-3 Prohibited Land Uses — RESIDENTIAL ZONES Purpose 2-5 Allowed Land Uses and Permit Requirements 2-6 Accessory Uses 2-8 General Development Standards 2-7 Second Units ?-9 CHAPTER 18-22 — COMMERCIAL ZONES Sections 18.22.010 18.22.020 18.22.030 18.22.040 18.22.050 CHAPTER 18-23 Sections 18.23.010 18.23.020 18.23.030 Purpose 2-12 Allowed Land Uses and Permit Requirements 2-12 Accessory Uses 2-14 General Development Standards 2-15 Uses to be Adequately Housed in Completely Enclosed Buildings 2-15 — WESTSIDE MIXED -USE ZONES Purpose 2-16 Allowed Land Uses and Permit Requirements 2-16 General Development Standards 2-16 Ordinance No. 2011-2362 2 Amending Title 18 — Land Use Code CHAPTER 18-24 — MIXED -USE CORRIDOR AND DISTRICT ZONES Sections 18.24.010 Purpose 2-17 18.24.020 Mixed Use Zones 2-17 18.24.030 General Provisions 2-18 18.24.040 Building Form and Placement 2-18 18.24.050 Allowed Land Uses and Permit Requirements 2-27 18.24.060 Accessory Uses 2-29 18.24.070 Building Frontage Standards 2-30 18.24.080 Parking Requirements 2 41 18.24.090 Civic Space Standards 2-43 CHAPTER 18-25 — INDUSTRIAL ZONES Sections 18.25.010 Purpose 2-46 18.25.020 Allowed Land Uses and Permit Requirements 2-46 18.25.030 Accessory Uses 2-48 18.25.040 General Development Standards 2-48 18.25.050 Uses to be Adequately Housed in Completely Enclosed Buildings 2-48 CHAPTER 18-26 - INSTITUTIONAL ZONE Sections 18.26.010 Purpose 2-49 18.26.020 Allowed Land Uses and Permit Requirements 2-49 18.26.030 General Development Standards 2-50 CHAPTER 18-27 - OPEN SPACE ZONE Sections 18.27.010 Purpose 2-51 18.27.020 Allowed Land Uses and Permit Requirements 2-51 18.27.030 General Development Standards 2-51 CHAPTER 18-28 — OPEN SPACE RESERVE ZONE Sections 18.28.010 Purpose 2 52 18.28.020 Allowed Land Uses and Permit Requirements 2-52 CHAPTER 18-29 — OVERLAY ZONES Sections 18.29.010 Purpose 2-53 18.29.020 Overlay Zone Designations 2-53 18.29.030 Coastal Zone (CZ) 2-53 Ordinance No. 2011-2362 3 Amending Title 18 — Land Use Code 18.29.050 18.29.060 CHAPTER 18-30 — Height Limit Restriction Overlay Zone (H) 2-54 Mobile Horne Park Overlay Zone (MHP) 2-54 FLOODWAY (-FW), FLOODWAY FRINGE (-FF-1), AND FLOODWAY FRINGE -SHALLOW FLOODING (-FF-2) ZONES Sections 18.30.010 - Statement of purpose. 18.30.020 - Methods of reducing flood losses. 18.30.030 - Warning and disclaimer of liability. 18.30.040 - Abrogation and greater restrictions. 18.30.050 - Definitions. 18.30.060 - Lands to which chapter applies. 18.30.070 - Basis for establishing the areas of special flood hazard. 18.30.080 - Compliance. 18.30.090 - Interpretation. 18.30.100 - Severability. 18.30.110 - Floodway zone (FW) established. 18.30.120 - Floodway fringe zone (FF-1) established. 18.30.130 - Floodway fringe —shallow flooding zone (FF-2) established. 18.30.140 - Standards applicable to all areas of special flood hazard. 18.30.150 - Standards for utilities. 18.30.160 - Standards for subdivisions. 18.30.170 - Standards for manufactured homes/mobile homes. 18.30.180 - Standards for recreational vehicles. 18.30.190 - Floodways (-FW). 18.30.200 - Establishment of development permit. 18.30.210 - Designation of the floodplain administrator. 18.30.220 - Duties and responsibilities of the floodplain administrator. 18.30.230 - Map determination. 18.30.240 - Appeals. 18.30.250 - Exceptions. 18.30.260 - Conditions for exceptions. 18.30.270 - Fees. DIVISION 3 CHAPTER 18-30 Sections 18.30.010 18.30.020 18.30.030 18.30.040 18.30.050 18.30.060 18.30.070 18.30.080 18.30.090 18.30.100 18.30.110 18.30.120 SPECIFIC USE REGULATIONS Purpose Applicability 3-1 3-1 Adult -Oriented Businesses 3-2 Automobile Impound and Storage Yards 3-7 Sale of Alcoholic Beverages and Live Entertainment 3-8 Auto Body and Paint Shops 3-10 Child Day Care Centers 3-10 Family Day Care Homes 3-11 Condominium Conversions 3-11 Conversions to Nonresidential Use 3-12 Emergency Shelters 3-13 Hazardous Waste Facilities 3-14 Ordinance No. 2011-2362 4 Amending Title 18 — Land Use Code 18.30.130 Helicopter Operations 3-15 18.30.140 Mobile Homes and Similar Temporary Structures 3-15 18.30.150 Outdoor Display or Sale of Merchandise 3-16 18.30.160 Outdoor Storage 3-17 18.30.170 Recycling Collection Facilities 3-18 18.30.180 Scrap Metal Processing 3-22 18.30.190 Service Stations and Convenience Stores with Gasoline Pumps 3-23 18.30.200 Sidewalk Cafes 3-26 18.30.210 Small Wind Energy Systems 3-27 18.30.220 Telecommunications Facilities 3-29 18.30.230 Tobacco Specialty Shops 3-31 18.30.240 Urban Agriculture 3-31 18.30.250 Veterinary Hospitals and Clinics 3-34 18.30.260 Neighborhood Corner Stores 3-35 18.30.270 Motels 3-36 18.30.280 Markets that Sell Seafood 3-36 18.30.290 Bed and Breakfast Inns 3-36 18.30.300 Solar Energy Systems 3-37 18.30.310 Tattoo and Body Piercing Establishments 3-39 18.30.320 Pawn Shops and Businesses Engaged in Secondhand Dealing and/or the Purchase and Selling of Gold and Other Precious Metals 18.30.330 Payday Lenders 18.30.340 Medical Marijuana Dispensaries 18.30.350 Auto Body Uses 18.30.360 Fast Food Eating Places DIVISION 4 GENERAL DESIGN AND DEVELOPMENT REGULATIONS CHAPTER 18-40 — GENERAL STANDARDS Sections 18.40.010 Purpose 4-4 18.40.020 Applicability 4-4 18.40.030 Performance Standards for All Development and Land Uses 4-4 CHAPTER 18-41 — SITE PLANNING STANDARDS Sections 18.41.010 Purpose 4-7 18.41.020 Non -Residential Site Planning Standards 4-7 18.41.030 Multi -Unit Residential Site Planning Standards 4-8 18.41.040 Common Usable Open Space Requirements 4-8 CHAPTER 18-42 — BUILDING DESIGN STANDARDS Sections 18.41.010 Purpose 4-10 18.42.020 Projections into Setbacks and Courts 4-10 Ordinance No. 2011-2362 5 Amending Title 18 — Land Use Code 18.42.030 18.42.040 18.42.050 18.42.060 18.42.070 Accessory Structures 4-11 Screening Mechanical Equipment and Elevator Housing 4-11 Commercial and Institutional Building Design Standards 4-11 Industrial Building Design Standards 4-14 Residential Building Design Standards 4-15 CHAPTER 18-43 — FENCES AND WALLS Sections 18.43.010 18.43.020 18.43.030 18.43.040 18.43.050 18.43.060 18.43.070 18.43.080 18.43.090 18.43.100 CHAPTER 18-44 — Sections 18.44.010 18.44.020 18.44.030 18.44.040 18.44.050 18.44.060 18.44.070 18.44.080 18.44.090 18.44.100 18.44.110 18.44.120 18.44.130 18.44.140 18.44.150 18.44.160 18.44.170 18.44.180 18.44.190 CHAPTER 18-45 — Sections 18.45.010 18.45.020 18.45.030 18.45.040 18.45.050 18.45.060 Purpose 4-20 Screening Requirements 4-20 Parking Lots 4-20 Materials, Construction, and Maintenance 4-20 Maximum Height 4-21 Prohibited Fences 4-21 Entry Arbors 4-21 Openings in View -Obscuring Fences 4-22 Special Fences 4-22 Traffic Visibility Triangles 4-22 LANDSCAPING Purpose 4-24 Applicability 4-24 Definitions 4-24 Landscape Plan 4-25 Requirements 4-25 Plant Materials 4-26 Turf Lawn 4-26 Soils and Mulching 4-26 Minimum Percentage of Net Lot Area to be Landscaped 4-27 Statuary Structures and Other Lawn Art 4-27 Landscape Location Requirements 4-27 Tree Preservation 4-28 Landscaping Work Included in Building Permit Inspections 4-28 Traffic Visibility Triangles 4-29 Maintenance Required 4-29 Certain Trees a Public Nuisance 4-29 Nonconforming Landscaping 4-29 Public Utilities 4-29 Water Efficient Landscape Regulations 4-30 OFF-STREET PARKING AND LOADING Purpose 4-40 Requirements, General 4-40 Offsite Facilities 4-41 Site Plan Review Required 4-42 Off -Street Parking Requirement by Land Use 4-42 Westside Specific Plan Parking Requirements 4-45 Ordinance No. 2011-2362 6 Amending Title 18 — Land Use Code 18.45.070 Parking for Commercial Vehicles 4-45 18.45.080 Opportunities for Reduced Parking 4-45 18.45.090 Parking for Disabled Persons 4-46 18.45.100 Parking Lot Design Standards 4-47 18.45.110 Loading Requirements 4-51 18.45.120 Bicycle Parking 4-52 CHAPTER 18-46 — OUTDOOR LIGHTING Sections 18.46.010 Purpose 4-54 18.46.020 Applicability 4-54 18.46.030 General Standards 4-55 18.46.040 Lighting Plan Requirements 4-55 18.46.050 Security Lighting 4-56 18.46.060 Accent Lighting 4-56 18.46.070 Lighting Standards for Uses with 50 Feet of Residential Zones 4-57 18.46.080 Parking Lot Lighting 4-57 18.46.090 Lighting of Outdoor Performance Sport and Recreational Facilities 4-57 18.46.100 Lighting for Multi Unit Attached Residential Projects 4-57 18.46.110 Standards for Single Family Residential Uses 4-58 CHAPTER 18-47 — SIGNS AND OUTDOOR ADVERTISING DISPLAYS Sections 18.47.010 Purpose 4-59 18.47.020 Site Plan Review and/or Sign Permit Required 4-59 18.47.030 Unlawful Display of Signs or Banners Prohibited 4-60 18.47.040 Definitions 4-60 18.47.050 Design and Maintenance 4-62 18.47.060 Permanent Signs Permitted in All Zones 4-62 18.47.070 Large Permanent Signs in Commercial, Industrial, Mixed -Use, and Institutional Zones 4-62 18.47.080 Large Permanent Signs in Shopping Centers 4-63 18.47.090 Small Permanent Signs in Commercial, Industrial, Institutional, Mixed -Use, and Multi -Family Zones 4-63 18.47.100 Pole -Mounted or Freestanding Signs in Commercial, Industrial, Mixed -Use, and Institutional Zones 4-63 18.47.110 Roof -Mounted Signs 4-63 18.47.120 Revolving Signs in Commercial and Industrial Zones.. 4-64 18.47.130 Temporary Signs Permitted in All Zones 4-64 18.47_140 Projecting Signs in Commercial, Mixed -Use, and Institutional Zones 4-65 18.47.150 Vehicle Signs 4-65 18.47.160 Public Assembly Use Signs 4-65 18.47.170 Mural Type Signs in Commercial and Mixed -Use Zones 4-65 18.47.180 Digital Advertising Display (DAD) Signs 4-66 18.47.190 Hags, Banners, and Pennants 4-67 18.47.200 Signs Prohibited in All Zones 4-68 18.47.210 Master Sign Program 4-68 18.47.220 Removal from Abandoned Site or Building 4-69 18.47.230 Nonconforming Signs 4-69 18.47.240 Constitutional Severability 4-69 18.47.250 Non -Commercial Speech 4-69 Ordinance No. 2011-2362 7 Amending Title 18 — Land Use Code 18.47.260 Sign Regulations by Zone and Type 4-89 18.47.270 Signs for Special Uses CHAPTER 18-48 — DENSITY BONUS AND AFFORDABLE HOUSING INCENTIVES Sections 18.48.010 Purpose 4-74 18.48.020 Definitions 4-74 18.48.030 Density Bonus 4-75 18.48.040 Concessions, Incentives, and Development Standards 4-75 18.48.050 Application Requirements and Review 4-75 18.48.060 Density Bonus Housing Agreement 4-77 DIVISION 5 CHAPTER 18-50 — GLOSSARY 5-1 Ordinance No. 2011-2362 8 Amending Title 18 - Land Use Code DIVISION 1 GENERAL PROVISIONS CHAPTER 18-10 — UNDERSTANDING THE LAND USE CODE Sections 18.10.010 Purpose 18.10.020 Applicability 18.10.030 Authority, Relationship to the General Plan, Specific Plans, and Design Guidelines 18.10.040 Responsibility for Administration 18.10.050 Interpretation of Land Use Code Provisions 18.10.060 Rules of Measurement CHAPTER 18-11 — NON -CONFORMING USES, STRUCTURES, AND PARCELS Sections 18.11.010 Purpose 18.11.020 Continuance 18.11.030 Enlargements and Alterations 18.11.040 Substitution of Nonconforming Uses 18.11.050 Partially Destroyed Structures 18.11.060 Religious Institutions 18.11.070 Single -Family Dwellings 18.11.080 Nonconforming Parking Facilities 18.11.090 Nonconforming Signs 18.11.100 Termination 18.11.110 Exemptions CHAPTER 18-12 — PERMITS AND APPLICATIONS Sections 18.12.010 Permit Application and Review 18.12.020 Decision Processes for Planning Applications 18.12.030 Ministerial Decision Process 18.12.040 Discretionary Decision Process 18.12.050 Noticing and Public Hearings 18.12.060 Appeals 18.12.070 Site Plan Review 18.12.080 Minor Use Permits 18.12.090 Home Occupation Permits 18.12.100 Sign Permits 18.12.110 Conditional Use Permits 18.12.120 Variances 18.12.130 Planned Development Permits 18.12.140 Zoning Amendments 18.12.150 General Plan and Specific Plan Amendments 18.12.160 Historic Properties Ordinance No. 2011-2362 9 Amending Title 18 — Land Use Code CHAPTER 18-10 — UNDERSTANDING THE LAND USE CODE Sections 18.10.010 Purpose 18.10.020 Applicability 18.10.030 Authority, Relationship to the General Plan, Specific Plans, and Design Guidelines 18.10.040 Responsibility for Administration 18.10.050 Interpretation of Land Use Code Provisions 18.10.060 Rules of Measurement 18.10.010 PURPOSE A. Purposes of this Title 1 Promote and protect the public health, safety, welfare and general prosperity of the city; 2. Implement the general plan; 3. Encourage the most desirable and appropriate use of land for open space, residential, commercial, industrial, institutional, and other purposes, including the most desirable mix and intensity of uses and density of population throughout the city; 4. Ensure the orderly and adequate provision of infrastructure, facilities, and services such as streets, sidewalks, water, sewer, schools, and other public improvements; 5. Encourage the most appropriate use and occupancy of buildings; 6. Promote good planning and design; 7. Provide standards that include: the use and intensity of use of structures and land for residential, commercial, industrial, institutional, or other purposes; population density; the location, height, bulk and size of buildings and other structures; yards, courts, and other private and public open spaces; parking and loading; signs; the division of land; and grading. 18.10.020 APPLICABILITY A. Limitations on Land Use Except as otherwise provided: 1 _ No building or part thereof or other structure shall be erected, altered, added to or enlarged, nor shall any land, building, structure or premises be used, designated or intended to be used for any purpose or in any manner other than those uses listed in this title as permitted in the zone in which such building, land, or premises is located. 2. No building or part thereof or structure shall be erected, nor shall any existing building be altered, enlarged or rebuilt or moved into any zone, nor shall any open space be encroached upon or reduced in any manner, except in conformity with the standards and regulations of this title. B. Application of Provisions The provisions of this title shall apply to all structures or land owned, operated or controlled by any person, corporation, or governmental agency, unless specifically excepted by ordinance or by applicable state or federal regulations. Ordinance No. 2011-2362 10 Amending Title 18 - Land Use Code 18.10.030 AUTHORITY, RELATIONSHIP TO THE GENERAL PLAN, SPECIFIC PLANS, AND DESIGN GUIDELINES A. Statutory Authority This title is adopted pursuant to the provisions of the Planning Law, Title 7 of the Government Code of the state. B. Relationship to the General Plan The Land Use Code is the primary tool used to implement the goals and policies contained within the general plan. All matters governed by this title shall substantially conform to the purposes, intent or provisions of the general plan. Any recommendations for zone changes, if found to be not in conformance with the general plan and its phrasing, should not be permitted unless it is also found that the general plan is in error or in need of change. In this situation, the general plan must also be amended to maintain consistency between the general plan and zoning. C. Relationship to Specific Plans Specific plans are designed to meet the requirements of the State Government Code and National City's General Plan. All uses, buildings, or structures located within a specific plan area shall comply with the provisions of the applicable specific plan. Where such provisions conflict with zoning regulations, the requirements of the adopted specific plan shall take precedence over the Land Use Code. In instances where the specific plan is silent, the Land Use Code shall prevail. D. Relationship to Design Guidelines The City's design guidelines are intended to supplement the general design and development regulations located in Chapter 4 of this Land Use Code_ Conformance to the design guidelines is strongly encouraged, but not mandatory. The design guidelines represent the City's preferences and provide examples of appropriate, quality design that positively contribute to the character of the community, but they are not intended to preclude alternatives or restrict imagination. In the event there is a conflict between Chapter 4 of this Land Use Code and the design guidelines, the regulations in Chapter 4 shall prevail. 18.10.040 RESPONSIBILITY FOR ADMINISTRATION This Land Use Code shall be administrated by: the City Council, the Planning Commission, and the City Manager or his/her designee in compliance with Title 18 of the Municipal Code. 18.10.050 INTERPRETATION OF LAND USE CODE PROVISIONS A. Purpose This Section provides rules for resolving questions about the meaning or applicability of any part of this title. The provisions of this Section are intended to ensure the consistent interpretation and application of the requirements of this Land Use Code and the General Plan. B. Rules of Interpretation 1. Authority. The City Manager or his/her designee shall have the responsibility and authority on a staff level to interpret the meaning and applicability of all provisions and requirements of this title_ 2. Language. a. Terminology. When used in this title, the words "shall," "will," "is to," and "are to" are always mandatory. "Should" is not mandatory but is strongly recommended; and "may" is permissive. The present tense includes the past and future tenses; and the future tense includes the present. Ordinance No. 2011-2362 11 Amending Title 18 — Land Use Code The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise. The words "include," "includes," and "including" mean "including but not limited to...." b. Number of days. Whenever a number of days is specified in this title, or in any permit, condition of approval, or notice issued or given as provided in this title, the number of days shall be construed as calendar days, unless business days are specified. Time limits will extend to the following business day where the last of the specified number of days falls on a day that the City is not open for business, except as otherwise provided for by other state and federal laws, regulations, and agencies. c. Number of months. Whenever a time limit in this title is specified in months, the number of months shall be deemed to be consecutive months. 3. Calculations and rounding. Where provisions of this Land Use Code require calculations to determine applicable requirements, any fractional/decimal results of the calculations shall be rounded as provided by this Section. a. Residential density and number of Tots/parcels. For example, the RS-1 zoning district allows a minimum lot area of 10,000 square feet for new subdivisions. Therefore, a parcel of 38,000 square feet could be subdivided into a maximum of three parcels, if approved by the review authority (38,000 /10,000 =3.8, which would be rounded down to 3). Refer to Section 18.10.060(C) for rules regarding fractions. 4. Conflicting requirements. Any conflicts between requirements of this title, or between this title and other regulations, shall be resolved as follows. a. Land Use Code provisions. In the event of any conflict between the provisions of this title, the most restrictive requirement shall control. b. Development agreements or specific plans. In the event of any conflict between the requirements of this title and standards adopted as part of any development agreement or specific plan, the requirements of the development agreement or specific plan shall control. c. Other regulations. In the event of any conflict between requirements of this Land Use Code and other regulations of the City, the most restrictive requirement shall control as determined by the City. d. Private agreements. It is not intended that the requirements of this Land Use Code shall interfere with, repeal, abrogate or annul any easement, covenant, or other agreement that existed when this Land Use Code became effective. This Land Use Code applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development or use of structures or land than an applicable private agreement or restriction, without affecting the applicability of any agreement or restriction. The City shall not enforce any private covenant or agreement unless it is a party to the covenant or agreement. e. General Plan. See Section 18.10.030 (8). 5. Internal cross-references. When a provision of this Land Use Code refers to a requirement elsewhere, the subject of the cross reference is assumed to be another chapter, Section, or subsection of this title, or another provision within the same Section or chapter, unless the title of another document is provided. 6. Zoning map boundaries. See Chapter 18.20 (Zoning Map). 7. Allowable uses of land. See Chapters 18-21 through 18-26 for allowable land uses by zoning district. C. Procedures for Interpretations 1. Whenever the requirements of this title are subject to interpretation generally, or as applied to a specific case, the City Manager or his/her designee shall issue a determination, or refer the matter to the Planning Commission for interpretation. 2. Request for interpretation. The request for an interpretation or determination shall be filed with the City and shall include all information required by the City. 3. Referral of interpretation. The City Manager or his/her designee has the option of forwarding any determination of the meaning or applicability of any provision of this title directly to the Planning Commission for consideration. 4. Findings, basis for interpretation. The issuance of an interpretation shall include findings stating the basis for the interpretation. The basis for an interpretation may include technological changes or new Ordinance No. 2011-2362 12 Amending Title 18 — Land Use Code industry standards. The issuance of an interpretation shall also include a finding documenting the consistency of the interpretation with the General Plan, and any applicable Specific Plan. 5. Record of interpretations. a. Interpretations shall be written and quote the provisions of this title interpreted, and the applicability in the particular or general circumstances that caused the need for interpretations; and b. This title shall be amended to reflect interpretations made as soon as is practical_ Until an amendment can occur, the City Manager or his/her designee shall maintain a complete record of all interpretations indexed by the number of the chapter or Section that is the subject of the interpretation. 18.10.060 RULES OF MEASUREMENT A. Purpose The purpose of this Section is to explain how various measurements referenced in this title are to be calculated. B. Applicant Responsibility For all calculations, the applicant shall be responsible for supplying drawings illustrating the measurements that apply to a project. These drawings shall be drawn to scale and of sufficient detail to allow easy verification upon inspection by the City. C. Fractions When calculating a maximum requirement, round down to nearest whole number. When calculating a minimum requirement, round up to nearest whole number. D. Measuring Distances 1. Measurements are the shortest distance. When measuring a required distance, such as the minimum distance between a structure and a lot line, the measurement is made at the closest or shortest distance between the two objects. 2. Distances are measured horizontally. Distances are measured along a horizontal plane unless otherwise specified. 3. Measurements involving a structure. Measurements involving a structure are made to the closest wall of the structure, unless otherwise specified. 4. Measurements between uses. When measuring the distance between two different uses, the measurement is calculated from closest lot line to lot line. E. Measuring Height 1. General. Height shall be considered the vertical distance from the highest point of any structure to the ground level directly below, except as otherwise provided in this Section. 2. Measuring building height on sloped lots. Height shall be measured from any point on top of the building to a line directly below which connects to opposite perimeter walls, or other perimeter support systems, at the lower of natural or finished grade. All parts of a building, except for allowed projections specifically listed in this Land Use Code, shall comply with maximum height limits_ 3. Measuring the height of buildings located near retaining walls. If any portion of a building lies within the setback area of a lot and the base of the retaining wall is at a lower elevation than the building, the height of the building shall be calculated from the base of the retaining wall (at the lower of natural or finished grade) rather than from the base of the building wall. 4. Measuring the Height of Combined Fences and Retaining Walls. When a fence is constructed on top of or within one foot of the face of an above -ground retaining wall, and located in a required yard, the Ordinance No. 2011-2362 13 Amending Title 18 — Land Use Code height of the fence shall be measured from the top of the fence to the midpoint height of the retaining wall F. Measuring Lot Width and Depth 1. Lot width. Minimum lot width shall be measured at the front setback line, or from the front property line is there is no required setback, as determined by the zoning of the parcel. 2. Lot depth. Lot depth is measured along an imaginary straight line drawn from the midpoint of the front property line of the lot to the midpoint of the rear property line or to the most distant point on any other lot line where there is no rear lot line_ G. Determining Floor Area Floor area is the horizontal area (expressed in square feet) of all floors included within a building or buildings, according to the following rules: 1. Included in floor area. Floor area is deemed to include: a The floor of atrium and lobby areas b. Enclosed and roofed storage and equipment spaces c. Enclosed and roofed halls, stairways, and elevator shafts d. Enclosed and roofed porches and balconies e. Portions of basements and attics that meet Building Code height requirements for living space f. The actual floor space of mezzanines, interior balconies, and lofts 2. Excluded from floor area. Floor area does not include: a. Unenclosed balconies, decks, porches, and stairs b. Substandard height portions of attics and basements c. The area within a building adjacent to, and in an imaginary horizontal plane with, interior balconies, mezzanines, or lofts. H. Determining Floor Area Ratio Floor area ratio (FAR) is the ratio of the floor area of all principal and accessory buildings on a lot to the lot area. To calculate FAR, floor area is divided by lot area, and typically expressed as a decimal. For example, if the floor area of all buildings on a lot totals 20,000 square feet, and the lot area is 10,000 square feet, the FAR is expressed as 2.0. 1. Determining Lot Coverage Lot coverage is the ratio of the footprint of all structures on a lot to the lot area, typically expressed as a percentage. The footprints of all principal and accessory structures, including garages, carports and roofed porches, shall be summed in order to calculate lot coverage. The following structures shall be excluded from the calculations: 1. Unenclosed and unroofed structures; porches, landings, balconies, and stairways less than three feet in height. 2. Unenclosed and unroofed decks less than eighteen inches in height. 3. Eaves and roof overhangs projecting up to four feet from a wall. 4. Trellises and similar structures that do not have solid roofs. 5. Swimming pools and hot tubs that are not enclosed in roofed structures. 6. Trash enclosures. 7. Solar collectors. Ordinance No. 2011-2362 14 Amending Title 18 — Land Use Code CHAPTER 18-11 - NON -CONFORMING USES, STRUCTURES, AND PARCELS 18.11.010 Purpose 18.11.020 Continuance 18.11.030 Enlargements and Alterations 18.11.040 Substitution of Nonconforming Uses 18.11.050 Partially Destroyed Structures 18.11.060 Religious Institutions 18.11.070 Single -Family Dwellings 18.11.080 Nonconforming Parking Facilities 18.11.090 Nonconforming Signs 18.11.010 Termination 18.11.011 Exemptions 18.11.010 PURPOSE Within the zones established by this title, there exist uses, structures and lots which were lawful before the Land Use Code was adopted or amended, but which would be prohibited under the terms of this title or future amendment to this title. It is the intent of this title to permit these nonconforming uses to continue until they are terminated, but not to encourage their expansion. To avoid undue hardship, nothing in this Chapter shall be deemed to require a change in the plans, construction, or designated use of any building where a building permit has been issued prior to the effective date of the Land Use Code, provided such permit construction is diligently carried to completion. 18.11.020 CONTINUANCE Any lawful nonconforming use existing at the time of adoption of the Land Use Code may be continued, provided such use is continually maintained and occupied. A nonconforming use in either a conforming building or a nonconforming building, structure, or portion of either shall neither be extended to any portion of the building or structure not so used nor be enlarged or extended to any other portion of the lot not actually so occupied at the time said use became nonconforming, except as otherwise provided in this chapter. 18.11.030 ENLARGEMENTS AND ALTERATIONS A. Changes to Non -Conforming Uses No existing building or premises designed, arranged, intended, or devoted to a use not permitted in the zone in which such building or premises is located shall be enlarged, extended, reconstructed or structurally altered, except: 1. Work done in any period of twelve months on ordinary structural alterations or replacements of walls, fixtures or plumbing not exceeding twice the building's assessed value, according to the assessment thereof by the county assessor for the fiscal year in which such work is done, shall be permitted. 2. These provisions shall not prevent the expansion, increase in capacity, modernization or replacement of such public utility buildings, structures, equipment, and features as are used directly for the delivery of or distribution of the service; provided, however, that all setback requirements of the zone in which the site is located shall be maintained and there shall be no enlargement of the site. 3. A single-family detached dwelling may be reconstructed or remodeled in accordance with the standards of the existing structure, i.e., in the same building location on the lot, the same size of the existing structure, and the same height as the existing structure; however, different materials and architectural details may be used. 4. A nonconforming use located in the Westside Specific Plan area that substitutes another nonconforming use in compliance with Section 18.11.040 may expand, enlarge, reconstruct, or structurally alter the footprint of the existing building or structure for that substituted nonconforming use up to 20 percent within the existing parcel in which it is located, subject to first obtaining a conditional use permit. Ordinance No. 2011-2362 15 Amending Title 18 — Land Use Code 18.11.040 SUBSTITUION OF NONCONFORMING USES A. Conversion of Non -Conforming Uses A nonconforming use may not be converted to any use except to a specifically permitted use in the zone of the parcel on which it is located; except that conversion of a lawful nonconforming use to a nonconforming use found by the Planning Commission to be a lawful nonconforming use on another site within the same zone may be allowed where a conditional use permit therefore has been approved; provided, that this shall in no way extend the abatement provisions contained in this Chapter. The exception stated in this paragraph of allowing a conversion of a lawful nonconforming use to another nonconforming use within the same zone does not apply to nonconforming uses located within the Westside Specific Plan area. B. Nonconforming uses located within the Westside Specific Plan area 1. A nonconforming use located on a parcel or parcels located within the Westside Specific Plan may not be converted to any use except to a specifically permitted use in the zone of the parcel or parcels on which it is located, except as follows: a. A nonconforming use may be converted to any use which is specifically permitted in the allowable uses for any of the zones identified in Appendix A of the Westside Specific Plan. 2. A nonconforming use that converts to another nonconforming use from Appendix A may enlarge and alter their footprint to the extent allowed in Section 18.11.030. C. Nonconforming Uses in the CA Zone In the CA zone where there exists commercial retail shopping facilities which became nonconforming at the time of the adoption of the Land Use Code, such facilities may continue to lease commercial space to uses typical of such facilities but not otherwise permitted in the CA zone. 18.11.050 PARTIALLY DESTROYED STRUCTURES A. Nonconforming Buildings or Structures that Become Damaged A nonconforming building or structure which is damaged or destroyed by fire, explosion, or natural disaster may be restored and the occupancy or use of such structure or part thereof existing at the time of such partial destruction may be continued or resumed provided: 1. Such restoration results in an equal or lesser degree of nonconformity; 2. The total cost of such restoration for structures other than single-family detached dwellings does not exceed one-half the replacement cost of the structure at the time of such damage (the replacement cost will be calculated by the department of building and housing); 3. Such restoration is started within a period of one year and is carried out diligently to completion; 4. Such damage or destruction of structures is not intentionally caused by the owner. 18.11.060 RELIGIOUS INSTITUTIONS Religious Institutions of a permanent nature which became nonconforming at the time of adoption of the Land Use Code may be continued, reconstructed, structurally altered, extended or enlarged subject to plans approved by the Planning Commission for any reconstruction, alteration, extension or enlargement and provided such reconstruction, alteration, extension or enlargement conforms with all other provisions of this title; and provided, further, that said extension, reconstruction, alteration or enlargement shall not be extended to additional property beyond the parcel(s) upon which the nonconforming use exists. Ordinance No. 2011-2362 16 Amending Title 18 - Land Use Code 18.11.070 SINGLE FAMILY DWELLINGS A. Nonconforming Single -Family Dwellings Single --family dwellings which became nonconforming uses at the time of adoption of the Land Use Code or of amendments to the code may be continued, reconstructed, structurally altered, extended or enlarged in conformance with the following: 1. Enlargement or extension of a single-family detached dwelling shall conform to the standards of the zone which applies to the property. If a proposed enlargement or extension, except in the coastal zone, results in more than two thousand five hundred square feet of floor area and/or more than four bedrooms, parking facilities shall be provided for the increase but not for any existing deficiency in such facilities. Parking facilities required as a result of this Section may be provided in a garage, carport, or surface space. 2. No increase in parking over that previously provided shall be required for reconstruction of a nonconforming single-family residential use destroyed or partially destroyed by natural disaster, but may be permitted, in conformance to development standards of the zone which applies to the property. 18.11.080 NONCONFORMING PARKING FACILITIES A. Use Made Nonconforming by Off -Street Parking Requirements 1- Any use, excluding a single-family detached dwelling, which is nonconforming only because of changes made in the off-street parking requirements by the adoption of the Land Use Code, or any amendment thereto, may be expanded, increased or modified, or converted to a conforming use, and no addition to or change in the off-street parking facilities shall be required except as identified below. 2. If the existing off-street parking facilities are not sufficient to comply with the requirements of this title after such expansion, increase or modification, additional parking facilities shall be added. 3. The capacity of said facilities shall equal the difference between the off-street parking facilities this title would require for such use as expanded, increased or modified, and the off-street parking facilities as required for such use before said expansion, increase or modification. 4. This shall not apply to entertainment and public assembly type uses which shall provide the full amount of parking otherwise required- 5. Any additional off-street parking facilities provided under these conditions shall be developed pursuant to the provisions of Chapter 18-45 (Off -Street Parking and Loading). 6. Any modification of off-street parking requirements permitted by this Section shall not be construed to extend (he termination date of the subject nonconforming use, as specified by this title- 18.11.090 NONCONFORMING SIGNS A. Nonconforming Sign Regulations 1- In cases where the area of signs existing as a lawful nonconforming use on a property exceeds the total allowable area for permitted signs, no additional signs shall be permitted on the property. If the size or configuration of a parcel or building is changed by the subdivision or splitting of the property or alterations to the building or parcel, property identification signs and outdoor advertising signs on the resulting properties shall be required to conform to the sign regulations applicable to the newly created parcel or parcels, at the time such change becomes effective. 2- In the event a use of any site or building is vacated, terminated or abandoned, for any reason, for a period of more than one ninety consecutive days, the owner or person in possession of the property shall be responsible for the removal of all signs on the property, building or wall, or for having the copy thereon painted out, immediately upon notice from the City. 3- Nonconforming signs shall be removed or made conforming when the business or property changes occupancy or ownership. Ordinance No. 2011-2362 17 Amending Title 18 — Land Use Code 18.11.100 TERMINATION A. Violation of Title Any of the following violations of this title shall immediately terminate the right to operate a nonconforming use, except as otherwise provided in this title: 1. Changing a nonconforming use to a use not permitted in the zone; 2. Increasing or enlarging the area, space, or volume occupied by or devoted to such nonconforming use; 3. Addition to a nonconforming use of another use not permitted in the zone. B. Discontinuance A nonconforming use or structure shall become discontinued, except when extended as otherwise provided in this title, when it is: 1_ Succeeded by a conforming use; 2. Discontinued and not re-established within a period of twelve or more consecutive calendar months; 3_ Discontinued and not re-established within a period of eighteen or more nonconsecutive calendar months in a twenty-four month period. C. Termination by Operation of Law The following conditions will result in a termination of nonconforming signs. 1. Termination by abandonment. Any nonconforming sign, the use of which is discontinued for a period of ninety (90) days, regardless of any intent to resume or not to abandon such use, shall be deemed to be abandoned and shall not thereafter be re-established. Any period of such discontinuance caused by government actions, strikes, material shortages or forces of nature, and without any contributing fault by the nonconforming user, shall not be considered in calculating the length of discontinuance for purposes of this Section. 2. Termination by change of business. Any nonconforming sign advertising or relating to a business on the premises on which it is located shall be terminated upon any change in the ownership or control of such business. 3. Termination by damage or destruction. Any nonconforming sign damaged or destroyed, by any means, to the extent of thirty-five (35) percent of its replacement cost new shall not be restored but shall be terminated. 4. Termination by going out of business/closure of business. No sign that is accessory to a principal nonconforming use or structure shall continue after such principal use or structure shall have ceased or terminated, unless it shall thereafter conform to all the regulations of the zoning district in which it is located. 5. Termination due to lack of repair. Failure to keep a nonconforming sign in good repair within one year after notification by the City shall constitute abandonment and subject to termination. D. Affirmative Termination by Amortization 1. The City Council of the City of National City may order a nonconforming use to be terminated within a reasonable amount of time, upon recommendation of the Planning Commission. The Planning Commission shall conduct a public hearing after 10 days' written notice to the nonconforming user. If the nonconforming user has not made a substantial investment in furtherance of the use, or if the investment can be substantially utilized or recovered through a currently permitted use, the order may require complete termination of the nonconforming use within a minimum of one year after the date of the order. If the nonconforming user has made a substantial investment in furtherance of the use, or if the investment cannot be substantially utilized or recovered through a currently permitted use, the order may require the complete termination of the nonconforming use within a longer reasonable amount of time. Nonconforming uses that are determined to be an imminent threat to the public health or safety may be terminated immediately, pursuant to Chapter 1.36 of this Municipal Code. In Ordinance No. 2011-2362 18 Amending Title 18 — Land Use Code making its recommendation to terminate a nonconforming use and in recommending a reasonable amount of time in which to terminate, the Planning Commission shall consider: a. The total cost of land and improvements; b. The length of time the use has existed; c. Adaptability of the land and improvements to a currently permitted use; d. The cost of moving and reestablishing the use elsewhere; e. Whether the use is significantly nonconforming; f. Compatibility with the existing land use patterns and densities of the surrounding neighborhood; g_ The possible threat to public health, safety, or welfare; and h_ Any other relevant factors. The term "nonconforming use" when used in this Section shall include nonconforming uses, nonconforming structures, and nonconforming lots, consistent with the intent of this title. This amortization Section does not apply to any lawful nonconforming residential uses. Failure to comply with the City Council's order to terminate a nonconforming use shall constitute a violation of this chapter and is a public nuisance subject to abatement in accordance with Chapter 1.36 of this Code. 2. That a notice of exemption shall be filed indicating that this amendment to the Municipal Code is exempt from the California Environmental Quality Act, because it can be said with certainty that there is no possibility that the action will have a significant effect on the environment as it does not have a direct effect on any property or environmental consequence. E. Unlawful uses and structures Uses and structures that did not comply with the applicable provisions of this Land Use Code or prior planning and zoning regulations when established are violations of this Code and are subject to the provisions of Title 1 of the Municipal Code (Administration and Enforcement). This Section does not grant any right to continue occupancy of property containing an illegal use or structure. The activity shall not be allowed to continue unless/until permits or entitlements required by this Land Use Code and the Municipal Code are first obtained. 18.11.110 EXEMPTIONS A. Historic Structures Nonconforming structures of historical significance may be altered or enlarged with a building permit approval granted by the City Manager or his/her designee, without conforming to current setback provisions; provided the historic structure: 1. Has been certified to be an historic resource by the City, County, or State, or in the National Register of Historic Places; or 2. Is to be altered or enlarged as an authentic replica of the original structure. B. Single-family Dwellings Single-family dwellings are exempt from the provisions of Section 18.11.100 as follows: 1. Height. An existing single-family dwelling that is nonconforming only because it exceeds the height limit of the applicable zone, shall not be required to comply with the provisions of this title. 2. Setbacks. Where a single-family dwelling or a detached accessory structure, is nonconforming only by reason of substandard setbacks, the provisions of this title shall not apply; provided that any structural alteration of a nonconforming structure shall not increase the degree of nonconformity, and any enlargements shall comply with the setback requirements of the applicable zoning district. 3. Parking. A single-family dwelling that is nonconforming with respect to the parking requirements of this Land Use Code is exempt from requirements of this title that would otherwise require compliance with the parking requirements of this Land Use Code. Ordinance No. 2011-2362 19 Amending Title 18 — Land Use Code C. Destroyed Nonconforming Dwelling Units 1. Where the City Manager or his/her designee determines that a nonconforming single- or multi -family dwelling unit has been involuntarily damaged or destroyed by accident (e.g_, fire, explosion, etc.) or natural disaster (e.g., earthquake, etc.), the unit may be reconstructed or replaced with a new structure using the same development standards applied to the damaged or destroyed structure (e.g., building footprint, building height, density standards, number of dwelling units, setbacks, and floor area); provided: a. The applicant provides documentation, satisfactory to the review authority, supporting the claim that the damage or destruction occurred involuntarily; b. No expansion of the gross floor area or number of dwelling units occurs; c. The replacement structure: i. Is in compliance with the current Building Code, and ii. Would not be detrimental to the public health, safety, or welfare or materially injurious to the properties or improvements in the immediate vicinity of the replacement structure; d. A Building Permit is issued no later than 12 months after the date of destruction, and construction is diligently pursued to completion. 2. If the preceding requirements are not met, the replacement structure shall comply with all of the regulations of the applicable zoning district in effect on the date of application for the required Building Permit D. Seismic Retrofitting Alterations, reconstruction, or repairs otherwise required by law (e.g., City adopted Building, Electrical, Plumbing Codes) shall be allowed. Reconstruction required to reinforce unreinforced masonry structures or to comply with Building Code requirements shall be allowed without cost limitations; provided, the retrofitting and Code compliance are limited exclusively to compliance with earthquake safety standards and other applicable Building Code requirements. E. Nonconforming Upon Annexation Nonconforming uses or structures, or both, which are lawfully existing at the time the property on which they are located is annexed to the City, and which do not conform to the regulations of the subject zoning district following annexation, shall be deemed legal nonconforming uses or structures, or both, and shall, upon annexation, be subject to the provisions of this Chapter. F. Nonconforming Due to A Lack of A Conditional Use Permit Conformity of uses requiring Conditional Use Permits. A use that becomes nonconforming only because it is a use that would be required by this Land Use Code to have Conditional Use Permit approval shall be deemed conforming, but only to the extent that it previously existed prior to adoption of the Land Use Code (e.g., maintain the same site area boundaries, hours of operation, etc.). 2. Previous Conditional Use Permits in effect. A use that was authorized by a Conditional Use Permit prior to adoption of this Land Use Code, but is identified in this Land Use Code as a use that is not allowed in its current location, may continue, but only in compliance with the original Conditional Use Permit. G. Previous Permits A use or structure which does not conform to the current regulations of the subject zoning district, but for which a Building Permit, or a permit or entitlement approved in compliance with this Land Use Code, was issued and work substantially completed before the applicability of this Land Use Code, may be completed; provided, the work is diligently pursued to completion. Upon completion these uses or Ordinance No. 2011-2362 20 Amending Title 18 — Land Use Code structures. or parts thereof, shall be deemed to be legal nonconforming and shall thereafter be subject to the provisions of this Chapter. H. Public Acquisition Nonconforming due to public acquisition. Whenever any structure or parcel is rendered nonconforming within the meaning of this Chapter by reason of a reduction in a required parcel area, reduction of off- street parking facilities, or setbacks occurring solely by reason of dedication to, or purchase by, the City for arty public purpose, or eminent domain proceedings, which result in the acquisition by the City or any agency authorized for the eminent domain proceedings of a portion of the property, the structure or parcel shall not be deemed nonconforming within the meaning of this Chapter. CHAPTER 18-12 - PERMITS AND APPLICATIONS 18.12.010 Permit Application and Review 18.12.020 Decision Processes for Planning Applications 18.12.030 Ministerial Decision Process 18.12.040 Discretionary Decision Process 18.12.050 Noticing and Public Hearings 18.12.060 Appeals 18.12.070 Site Plan Review 18.12.080 Minor Use Permits 18.12.090 Home Occupation Permits 18.12.100 Sign Permits 18.12.110 Conditional Use Permits 18.12.120 Variances 18.12.130 Planned Development Permits 18.12.140 Zoning Amendments 18.12.150 General Plan and Specific Plan Amendments 18.12.160 Historic Properties 18.12.010 PERMIT APPLICATION AND REVIEW An application for a permit or other land use matter shall be filed with the Planning Division in accordance with the following provisions: A. Authority to File an Application The following persons are deemed to have the authority to file an application: 1. The record owner of the real property that is the subject of the permit or other matter; 2- The property owner's authorized agent; or 3. Any person who can demonstrate a legal right, interest, or entitlement to use the real property subject to the application; 4. The application of a redeveloper who is seeking to redevelop the property involved, and who is a party to an existing disposition and development agreement with the community development commission. R. Applications — Acceptability of Signatures If signatures of persons other than the owners of the property making the application are required or offered in support of, or in opposition to, an application, they may be received as evidence of notice having been served upon them of the pending application, or as evidence of their opinion on the pending issue, but they shall in no case infringe upon the free exercise of the powers vested in the City as represented by the Planning Commission and the City Council. Ordinance No. 2011-2362 21 Amending Title 18 — Land Use Code C. Application Form and Submittal Items The City Manager or his/her designee shall prescribe the form in which applications are made for administrative or discretionary approvals and maintain a list specifying the materials and information to be submitted with each application for a permit or other matter filed in accordance with the Land Use Code. The list may be revised as needed to comply with revisions to local, state, or federal law, regulation, or policy. D. Submittal Requirements The application shall be made on a form provided by the City Manager or his/her designee and shall be accompanied by the materials, information, fees, and deposits that are required on the date the application is filed, unless otherwise specified by the Land Use Code or state law. E. Evaluation The application shall be deemed complete when the department processing the application has determined that the application includes all of the information, materials, fees, and deposits required. The City may, in the course of processing the application, request that the applicant clarify, simplify, or provide in alternate format or medium, the information required for the application. F. Filing Fee All filing fees required to be paid upon the filing of any application shall be set forth from time to time by City Council resolution. G. Applications - Filing Applications filed pursuant to this title shall be numbered consecutively in the order of their filing, and shall become a part of the permanent official records, and there shall be attached thereto and permanently filed copies of all notices and actions, with certificates and affidavits of applicable posting, mailing or publication. H. Applications - Withdrawal Any applicant may withdraw an application at any time, provided the withdrawal is in writing and notification of public hearing has not been mailed. Any public hearing for which notification has been given shall be convened, at which time withdrawal of the application may be acknowledged and filed. 18.12.020 DECISION PROCESSES FOR PLANNING APPLICATIONS Applications for permits or other matters identified in this Land Use Code shall be acted upon in accordance with one of the decision processes depicted in Table 18.12.020 (Decision Processes for Planning Applications). Table 18.12.020 is provided for convenience of reference only and does not define, describe, or limit the scope, meaning, or intent of any provision of the Land Use Code. This table describes the City of National City's processes only and does not describe other decision processes that may be required by other agencies, such as the State Coastal Commission. Subdivision procedures are identified in Title 17. Ordinance No. 2011-2362 22 Amending Title 18 - Land Use Code TABLE 18.12.020 Decision Process for Planning Applications �i« T2KyPr�`� reaLon TyYe i 3 i,��l�Ji S y L�.D -.r�� sa Roy e o e r • n fCli� f �5 iS {. cj i_tfd �lanir y D stun �.:1 R � '��i�iY�� ® ��Li, >SY' ��� }� ,> 0,i}a�i"' 1• Ministerial Applications Interpretations (See Section 18.10.050 (C1) Decision Appeal Appeal Minor Site Plan Review Decision Appeal Appeal Minor 1_isr: Permit Decision Appeal Appeal Horne Occupation Permit Decision Appeal Appeal Sign Permit Decision Appeal Appeal Discretionary Applications Conditional Use Permit Recommend Decision Appeal Variance Recommend Decision Appeal Planned Development Permit Recommend Decision Appeal General Plan Amendment Recommend Recommend Decision Zoning Ordinance Amendment Recommend Recommend Decision Zoning Map Amendment Recommend Recommend Decision 18.12.030 MINISTERIAL DECISION PROCESS A. Purpose Ministerial review is conducted at the staff level and is intended to ensure compliance with the regulations established in the Land Use Code. B. Decision An application for an administrative permit may be approved, conditionally approved, or denied by a staff person designated by the City Manager without a public hearing_ C. Notice of Application A notice of application is only required for minor use permits pursuant to Section 18.12.080. D. Notice of Decision 1. The designated staff person shall mail notice of the decision to: a. The applicant. b. Any person who requested notice of the approval or denial of the application from the staff person. 2. Such notice shall contain a brief statement of the reason or reasons for the approval or disapproval. Ordinance No. 2011-2362 23 Amending Title 18 — Land Use Code E. Appeal to the Planning Commission The decision of the designated staff person is final and conclusive unless, within 30 days after mailing the notice of decision, the applicant or other interested party files a written letter of appeal with the Planning Division in accordance with Section 18.12.060(B). F. Appeal to the City Council The decision of the Planning Commission shall become effective and final 30 days following such action unless, within such period of time the applicant or other interested party files a written letter of appeal with the Planning Division in accordance with Section 18.12.060(C). 18.12.040 DISCRETIONARY DECISION PROCESS A. Purpose A discretionary permit is a permit or permit modification granted following determinations that require the exercise of judgment and deliberation, as opposed to merely determining that the permit request complies with a set of standards. B. Decision As identified in Table 18.12.101, depending on the permit type, the decision to approve or deny a discretionary permit or action is either made by Planning Commission or the City Council. C. Environmental Review All discretionary decisions by the Planning Commission and City Council require findings prescribed in the California Environmental Quality Act and ordinances adopted pursuant thereto, in addition to all other requirements. D. Planning Commission Decision 1. When a discretionary application is to be decided by the Planning Commission pursuant to Section 18.12.020, a hearing shall be held in accordance with Section 18.12.050. 2. Waiver of Appeal Period. Before the close of the public hearing, an applicant may request that the appeal period be waived in accordance with Section 18.12.060(D). Notwithstanding any action of the Planning Commission to grant a waiver of appeal, the City Council may set the matter for a hearing. 3. If the appeal period is not waived, the decision of the Planning Commission shall become effective and final 30 days following such action, unless, within such period of time the applicant or other interested party files a written letter of appeal with the Planning Division requesting an appeal before the City Council. 4. Within such 30 days, a copy of the Planning Commission resolution granting or denying such application shall be transmitted to the City Council unless an appeal is filed. If no appeal is filed, the City Council may set the matter for a public hearing. E. City Council Decision 1. When a discretionary action is to be decided by the City Council pursuant to Section 18.12.020, a hearing before the Planning Commission shall occur first in accordance with Section 18.12.050. 2 Once the Planning Commission has made a recommendation on the action, a hearing shall be scheduled before the City Council pursuant to Section 18.12.050. 3. The City Council's decision is final and effective upon the rendering of the decision. Ordinance No. 2011-2362 24 Amending Title 18 - Land Use Code F. Expiration 1. If a discretionary permit is not exercised within the time permitted by this chapter, such permit shall be deemed null and void. The exercise of such rights shall be commenced within the time permitted by the resolution granting such permit If no time is specified, then for all purposes such time for the exercise of right shall be deemed to be a period of one year from and after the adoption of the resolution granting such permit. 2. The granting body, upon good cause shown by the applicant, may extend the time permitted by this chapter for the exercise of such rights, for a period of not to exceed one year. 3. An additional extension of time may be granted by the granting body where the applicant, after a public hearing, which shall be noticed as provided in Section 18.12.050 (Noticing and Public Hearh,gs), shows, to the reasonable satisfaction of such body, that the exercise of such rights was prevented by causes outside of the applicant's control. Such time extensions shall be for reasonable periods of time, not exceeding one year for each such extension. 4. Requests for extensions of time within which to exercise the rights under a discretionary permit shall be made prior to the expiration date thereof. Such requests shall be in writing and, where the Planning Commission is the granting body, shall be filed with the secretary of the commission. Where the City Council is the granting body, such written requests shall be filed with the Planning Division. Upon the filing of such a written request, the time for the exercise of rights under the permit shall be deemed automatically extended until the granting body determines whether or not the request is to be granted, but in no event shall such automatic extension be for a period longer than thirty days, except as hereinafter provided. 5. Where the granting body is the City Council, if no action is taken upon such request within a period of thirty days after the filing thereof, the same shall be deemed denied. 6. Where the granting body is the Planning Commission, and the commission either denies the request or fails; within a period of 30 days, to take action thereon, the same shall be deemed denied, unless within 10 days after such request has been denied by the commission, or within 10 days after the expiration of the 30 day period, an appeal is filed, in writing, with the Planning Division. 7. Where an appeal is taken from the commission's action or inaction, the expiration date for the permit shall be automatically extended for a period of 30 days after the filing of such written appeal with the Planning Division. If the Council fails to act upon the request within said 30 day period, the same shall be deemed denied_ G. Violations The following shall be considered violations of Title 18: 1. Cornmencement or continuation of an activity which requires approval of a discretionary permit pursuant to this title, not including lawful nonconforming uses, established prior to enactment of regulations that require a discretionary permit for the activity. 2. Any violation of a condition of approval of a discretionary permit. 18.12.050 NOTICING AND PUBLIC HEARINGS A. Public Hearing Defined A public hearing is a noticed public session to receive original evidence or testimony on applications regulated by this title. These are held by the Planning Commission and City Council. 8. Scheduling For all proposals to be heard by the Planning Commission, the City Manager or his/her designee shall set the date for public hearing and give the required notice. For all appeals of Planning Commission decisions and all other matters requiring public hearings by the City Council, the City Clerk shall set dates for public hearings and give required notices. The date of the hearings shall be not less than 10 days nor more than 45 days from the time of the filing of such verified application or the adoption of a resolution or the making of a motion to set the public hearing. Ordinance No. 2011-2362 25 Amending Title 18 — Land Use Code C. Notice - Generally Notice of time and place of public hearings shall be given in the following manner: 1. A notice of any public hearing upon a proposed amendment to this title, or to the zoning map, shall be given by at least one publication in a newspaper of general circulation in the city not Tess than 10 days before the date of the public hearing. 2. Notice of public hearing to consider a variance, conditional use permit, planned development permit, or reclassification of any property shall be given by mailing a written notice not less than 10 days prior to the date of such hearing to the applicant, and to owners of property within a radius of 300 feet of the exterior boundaries of the property to be changed, using for this purpose the name and address of such owners and properties, as shown on the latest adopted San Diego County tax roll, and other persons on request_ 3. In the event that the number of owners to whom notice may be sent pursuant to this Section is greater than one thousand, notice may be given at least ten days prior to the hearing by either of the following procedures: a. By placing a display advertisement of at least one-fourth page in a newspaper having general circulation within the area affected by the proposed ordinance or amendment; or b. By placing an insert with any generalized mailing sent by the City to property owners in the area affected by the proposed ordinance or amendment, such as billings for City services. D. Notice - Additional Requirement For Conditional Use Permits For The Sale Of Alcoholic Beverages In addition to notice required pursuant to this Section, written notice for a public hearing on a conditional use permit for the sale of alcoholic beverages shall be provided as specified in Section 18.30.050 of this title. E. Notice - Required Wording Such public notice of hearings on zone reclassifications, amendments, variances, planned development permits, or conditional use permits shall consist of the words "Notice of Proposed Change of Zone Boundaries or Classification" or "Notice of Proposed Variance", "Notice of Proposed Planned Development Permit", or "Notice of Proposed Conditional Use Permit," as the case may be, setting forth the description of the property under consideration, the nature of the proposed change or use, and the time and place at which the public hearing, or hearings, on the matter will be held. F. Hearing Rules The Planning Commission may establish rules governing the conduct of its proceedings. G. Continuation of Hearing If, for any reason, testimony on any case set for public hearing cannot be completed on the date set for such hearing, the person presiding at such public hearing may, before adjournment or recess thereof, publicly announce the time and place at which the hearing will be continued, and no further notice is required. H. Testimony A summary of all pertinent testimony offered at public hearings held in connection with an application filed pursuant to this title and the names of persons testifying shall be recorded and made a part of the permanent files of the case. Ordinance No. 2011-2362 26 Amending Title 18 — Land Use Code Planning Commission Recommendation 1. For applications requiring a final decision by the City Council, the Planning Commission shall first hold a public hearing on the matter. For such hearing, the Commission shall recommend to the City Council approval or denial of the request, including the reasons for the recommendation. 2. Upon receipt of the recommendation from the Planning Commission, the City Council shall hold a public hearing. 3. The City Council may approve, modify, or disapprove of the recommendation of the Planning Commission; provided that any modification of the proposed amendment by the City Council not previously considered by the Planning Commission during its hearing shall first be referred to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a public hearing thereon. Failure of the Planning Commission to report within 40 days after the reference shall be deemed to be approval of the proposed modification. J. Hearing Body Decision The hearing body responsible for making a final determination on a matter pursuant to Section 18.12.020, be it the Planning Commission or City Council, shall announce its findings by formal resolution, and said resolution shall recite, among other things, the facts and reasons which, in the opinion of the hearing body, make the granting or denial of the permit or action necessary to carry out the provisions and general purpose of this title, and shall order that the permit or other action be granted, denied, or modified subject to such conditions or limitations that it may impose. K. Notice of Decision Not later than seven days following the adoption of a resolution ordering that a permit or other action be granted or denied, a copy of said resolution shall be mailed to the applicant and to any other parties requesting notice of the action. The resolution shall also be filed with the City Clerk. L. Effective Date of Decision 1. The decision of the Planning Commission shall become effective and final 30 days following the adoption of the resolution, unless, within such period of time, the applicant or other interested party files a written letter of appeal. Within such 30 days, the Planning Commission resolution shall be transmitted to the City Council who may set the matter for a public hearing. 2. If the appeal period is waived in accordance with Section 18.12.060(D), then the decision of the Planning Commission shall become effective and final immediately upon adoption of the resolution. 3. The decision of the City Council shall become effective and final immediately upon adoption of the resolution. M. Refiling Procedure Where an application has been denied by a hearing body and that action has become final, no new application for substantially the same request shall be accepted for a period of one year after theeffective date of the denial, unless that hearing body specifies in its decision that the denial is without prejudice. 18.12.060 APPEALS A. Effect of Filing The filing of a notice of appeal pursuant to this Section stays all proceedings until a decision on the appeal is rendered. Ordinance No. 2011-2362 27 Amending Title 18 — Land Use Code B. Appeal of Staff Decisions 1. Whenever a permit or other action has been denied at a staff level, an aggrieved person may file a written appeal with the Planning Division within 30 days after the mailing of a notice of decision. 2. The Planning Division, upon receipt of an appeal, shall set the matter for a hearing before the Planning Commission as soon as is practical in accordance with the public hearing procedures outlined in Section 18.12.050. The appealing party shall be given at least 10 days notice of the time and place of such hearing. 3. At the time set for such hearing, the Planning Commission shall give the appealing party a reasonable opportunity to be heard on the matter, and may require reports from any City department. After the hearing, the Planning Commission shall affirm, disaffirm, or modify the decision appealed. 4. A nonrefundable fee in such amount as the City Council shall from time to time establish shall be paid at the time of filing the appeal. C. Appeal of Planning Commission Decisions 1 _ Whenever a permit or other action has been denied by the Planning Commission, an aggrieved person may file a written appeal with the Planning Division within 30 days after the public hearing in which such decision was rendered. 2. The Planning Division shall notify the City Clerk of the appeal and the City Clerk shall notice and schedule a public hearing before the City Council in accordance with Section 18.12.050. The appealing party shall be given at least 10 days notice of the time and place of such hearing. 3. At the time set for such hearing, the City Council shall give the appealing party a reasonable opportunity to be heard on the matter, and may require reports from any City department. After the hearing, the City Council shall affirm, disaffirm, or modify the decision appealed. The decision of the City Council shall be final and conclusive. 4. A nonrefundable fee in such amount as the City Council shall from time to time establish shall be paid at the time of filing the appeal. D. Waiver of Appeal Period For permits and actions to be decided by the Planning Commission, before the close of the public hearing, an applicant may request that the appeal period be waived. The Planning Commission shall grant the request only after determining for the record that there are no interested persons who object to the waiver and that the applicant has waived all rights to appeal. If the appeal period is waived, the Planning Commission's decision becomes effective immediately upon adoption of the resolution. 18.12.070 SITE PLAN REVIEW A. Purpose Site plan review is a ministerial action established to ensure compliance with the Land Use Code and to attach conditions as necessary to ensure such compliance. B. Applicability and Requirements Prior to or concurrently with the submission of building plans for plan check or application for issuance of a building permit for any building to be erected in any zone wherein site plan review is required by this title, accurately dimensioned architectural drawings and plot plans for all proposed construction shall be submitted to the Planning Division for approval. The site plan or plot plan shall contain any specific information required by the City Manager or his/her designee necessary to determine compliance with the Land Use Code. A nonrefundable fee in such amount as the City Council shall from time to time establish by resolution shall be paid to the finance officer at the time of filing_ Ordinance No. 2011-2362 28 Amending Title 18 — Land Use Code C. Plan Review 1. The Planning Division shall review all plans submitted and shall endorse its approval on a copy thereof, if it determines that the plan shows: a Compliance with this title and all other applicable City ordinances; b. Desirable site layout and design; c. Utility of open areas; d. Adequate landscaping; e. Compatibility with neighboring property; f. Compliance with the General Plan or an adopted specific plan; g. Incorporation of any mitigation measures stipulated in a certified environmental impact report or negative declaration for the project, if applicable. 2.. If the department determines that the plans thus submitted do not conform or adequately provide for one or more of such provisions, it shall endorse its disapproval thereof, together with a statement of the provisions of this chapter with which such plans do not conform. 3. When referred to the engineering department, fire department, building department, or other City agency by the Planning Division, such departments shall evaluate such plans as to compliance with all applicable City ordinances and standards and may require additional plans to be submitted and approved prior to final approval of such plans. The conditions of approval of development plans by the Planning Division may include the recommendations of other City department heads required to be made by the terms of this chapter. D. Issuance of Permit No building permit, certificate of occupancy, or any other permit listed shall be issued until the approvals required by this Section have been obtained. E. Preliminary Site Plan Review 1. Site plans may be submitted for preliminary review prior to submission of building plans for plan check, or application for issuance of a building permit for any building to be erected in any zone wherein site plan review is required by title. 2. A fee in such amount as the City Council shall from time to time establish by resolution shall be paid to the finance officer at the time of submittal, which amount will be deducted from the building permit fee paid at the time building permits are issued. 18.12.080 MINOR USE PERMITS A. Purpose Minor use permits provide a ministerial process for reviewing land use activities that are allowed in the applicable zoning district, but require administrative review in order to evaluate the compatibility of the proposed use with surrounding uses and the suitability of the use to the site. B. Applicability A minor use permit is required to authorize proposed land uses identified by Chapter 2 (Zoning Districts and Allowable Land Uses) as being allowable in the applicable zoning district subject to the approval of a minor use permit. C. Notice of Application 1. The designated staff person shall mail notice of the application no later than 10 days after an application has been deemed complete to: a The applicant. Ordinance No. 2011-2362 29 Amending Title 18 — Land Use Code b. The owners of any real property, as shown on the latest equalized property tax assessment roll of the San Diego County Assessor, located within 300 feet of the boundary of the property that is the subject of the application. D. Contents of the Notice of Application 1. The notice of application shall include the following information: a. A general description of the proposed project, including, when applicable, the type of permit requested, project name, square footage of proposed construction, and number of residential units proposed_ b. The location and size of the property that is the subject of the application. c. The name, telephone number, and City address of the designated staff person to contact for additional information. d. An explanation that a minor use permit is an administrative process whereby the decision to approve, conditionally approve, or deny the proposed development will be made by the Planning Division without a public hearing. e. An explanation of the process to appeal the decision. E. Requests for Notice of Decision Persons who wish to receive notice of the approval or denial of the application may request this information from the staff person. The request must be received no later than 10 business days after the date on which the notice of application is mailed. F. Application Requirements An application for a Minor Use Permit shall contain any specific information required by the City Manager or his/her designee necessary to determine compliance with the Land Use Code. It is the responsibility of the applicant to provide evidence in support of the findings required by this Section. A nonrefundable fee in such amount as the City Council shall from time to time establish by resolution shall be paid to the finance officer at the time of filing. G. Findings and Decision The Planning Division may approve or deny an application for a Minor Use Permit. The designated staff person shall record the decision and the findings on which the decision is based. The Planning Division may approve a minor use permit only after first finding all of the following: 1. The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this Land Use Code; 2. The proposed use is consistent with the General Plan and any applicable specific plan; 3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity; 4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints; and 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. H. Issuance of Permit and Duration Upon the approval of an application, the Planning Division shall authorize the issuance of a minor use permit, with or without conditions, and one copy of which shall be forwarded to: a The applicant; b. The Building Official; c. Any other department or agency the Planning Division considers affected by the issuance of the permit; and Ordinance No. 2011-2362 30 Amending Title 18 — Land Use Code d. The Division files for permanent retention. 2_ Minor use permits shall be in effect for the duration of the use, or for a time period specified in the conditions of approval, or until the time a revocation of the permit is effectuated on the basis of non- compliance with the terms of the permit I. Conditions of Approval In approving a Minor Use Permit, the Planning Division may impose any conditions deemed reasonable and necessary to ensure that the approval would comply with the findings required by this Section. 18.12.090 HOME OCCUPATION PERMITS A. Purpose A home occupation permit is a ministerial process to ensure that an occupation conducted within a dwelling is compatible with the character of the area in which the dwelling is located and that it is clearly a secondary use to the primary residential use of the dwelling. B. Applicability Home occupations are permitted in residential zones as identified in Chapter 2 Section 18.21.020 provided that they first receive a home occupation permit. C. Application Requirements 1. An application for a home occupation permit shall contain any specific information required by the City Manager or his/her designee necessary to determine compliance with the Land Use Code. 2. It is the responsibility of the applicant to provide evidence in support of the findings required by this Section. 3. Any applicant for a home occupation permit who is not the legal owner of the subject real property shall provide a written statement from the legal owner consenting to the application. 4. A nonrefundable fee in such amount as the City Council shall from time to time establish by resolution shall be paid to the finance officer at the time of filing. D. Findings and Decision 1. The Planning Division may approve or deny an application for a home occupation permit. The designated staff person shall record the decision and the findings on which the decision is based. The Planning Division may approve a Home Occupation Permit only after first finding all of the following: a. There is no display of merchandise; b. No stock in trade nor commodity is sold upon the premises; c. The home occupation shall not result in the reduction of required off-street parking; d. Home occupations, except for urban agricultural uses permitted by Chapter 3 Section 18.30.240 (Urban Agriculture), shall be conducted within an enclosed structure on the premises; e. No person other than the resident is engaged in the home occupation on the premises; f. The resident shall not rent space to others in association with a home occupation; g. All sales of products and the performance of all service or work that requires the presence of a partner, employee, or customer shall take place off the prernises; h. No mechanical equipment is used except that which is normally necessary for housekeeping purposes; i. No signs or advertising for the home occupation is placed on the premises and other advertising does not identify the address of the premises; j. Materials or products associated with the home occupation are stored in an enclosed structure on the premises and shall not exceed 1,000 cubic feet for the entire premises or any more restrictive limitations by the Building or Housing Division or County Health Department. Ordinance No. 2011-2362 31 Amending Title 18 — Land Use Code k. Only one vehicle for business -related purposes is permitted on the premises or on any adjacent residentially zoned area. This vehicle may not exceed a one ton carrying capacity and may not be a tow truck. I. The home occupation shall be consistent with permitted residential uses, shall not create any conditions that amount to a public nuisance, and shall not be detrimental to the neighborhood by causing increased noise, traffic, lighting, odor, or by violating any applicable laws or ordinances; m. A business license is procured. 2. Additional stipulations can be placed on the permit by the City Manager or his/her designee. E. Issuance of Permit and Duration 1. Upon the approval of an application, the Planning Division shall authorize the issuance of a home occupation permit and one copy of which shall be forwarded to: a The applicant; b. Any other department or agency the Planning Division considers affected by the issuance of the permit; and c. The Division files for permanent retention. 2. The occupation shall be limited to those activities specifically described on the permit, and subject to the conditions described in this Section or as stipulated on the permit; 3. A home occupation permit shall be in effect for the duration of the home occupation unless a revocation of the permit is effectuated. 4. If it is determined or found by the City Manager or his/her designee that the home occupation authorized causes a disturbance or nuisance to the abutting neighborhood, it shall be reviewed by the Planning Commission and may be declared null and void, and any business license issued shall be subject to cancellation. 18.12.100 SIGN PERMIT A. Purpose The purpose of a ministerial sign permit is to ensure conformance with the Sign and Outdoor Advertising Display regulations in Chapter 4 and any applicable Master Sign Program or Specific Plan. B. Applicability A sign permit is required for the installation or alteration of any sign, except those specifically exempt by this Section. C. Exemptions from a Sign Permit 1. The following signs may be installed without a sign permit, provided that they meet the requirements listed below: a. Changing the copy of a sign or maintenance of a sign that does not involve structural or electrical changes; b. Interior signs; except for theater lobby signs; c. Public utility and safety signs that are required by law; d. Signs that are required by law, other than public utility and safety signs, provided that they do not exceed the minimum dimensions required by the law; e. Signs required by the Fire Department to designate fire lanes; f. Temporary real estate signs that are not illuminated. Only one such sign is permitted to face on each street adjacent to the property. Such signs may be single- or double-faced and are limited in size to four square feet or less on property in residential zones, and 10 square feet or less on property in commercial zones; Ordinance No. 2011-2362 32 Amending Title 18 — Land Use Code g. Nameplate identification signs and combination name plates and address signs with letters that do not exceed three inches in height, are not illuminated, and do not exceed four square feet in area; h. Construction site signs that are not illuminated; i. Window signs; j. Tablets, memorials, and cornerstones that are built into the walls of a building, and provide information such as the name of the building and the date of construction; k_ Incidental residential signs that provide warnings such as "no parking," "watch dogs," "private property," and "security service" that are not illuminated, do not exceed 1 square foot in area each, and do not project over a public right-of-way. No more than three of these signs shall be allowed per premises; I. Bulletin boards, provided they do not exceed 16 square feet in area, do not project over a public right of way, and are not illuminated; m. Temporary on -site banners, streamers, and pennants. D. Application Requirements Applications for sign permits shall contain any specific information required by the City Manager or his/her designee necessary to determine compliance with the Land Use Code. A nonrefundable fee in such amount as the City Council shall from time to time establish by resolution shall be paid to the finance officer at the time of filing. E. Building Division Review If placement of a sign requires a Building Permit, the Building Division will review the plans for compliance with California Building Code requirements. F. Decision and Findings 1. The Planning Division may approve or deny an application for a sign permit. The designated staff person shall record the decision and the findings on which the decision is based. The sign permit may be approved once the following findings are made: a. The proposed sign is architecturally and aesthetically compatible with the major structures on the subject site and adjacent sites and is compatible with the character of the neighborhood and general environment; b. Granting the application is in conformance with the goals, policies, and objectives of the General Plan and the purpose and intent of any applicable specific plan, and the purposes of this Land Use Code and would not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and the same zoning district; and c. Granting the application would not be detrimental or injurious to property or improvements in the vicinity of the subject site, or to the public health, safety, or general welfare_ G. Issuance of Permit and Duration 1. The sign permit may be issued after all approvals have been obtained and all required fees have been paid. 2. If the work authorized under a sign permit has not been completed within six months after date of issuance, the permit shall become null and void. 3. Before the expiration date of a sign permit, a permittee may submit a written application for an extension of time. The City Manager or his/her designee may extend a sign permit for a period not exceeding six months if the City Manager or his/her designee determines that, based on evidence provided by the permittee, circumstances beyond the control of the permittee prevented completion of the work. 4. A sign permit may not be extended more than two times. Ordinance No. 2011-2362 33 Amending Title 18 — Land Use Code 5. Upon successful completion and inspection of the work authorized under a sign permit, the sign permit shall be in effect for the duration of the use for which the sign is intended, or for a time period specified in the permit, or until the time a revocation of the permit is effectuated based on non- compliance with the terms of the permit 18.12.110 CONDITIONAL USE PERMITS A. Purpose The granting of a conditional use permit is a discretionary action that authorizes permitted uses subject to specific conditions because of the unusual characteristic or need to give special consideration to the proper location of said uses in relation to adjacent uses, the development of the community, and to the various elements of the General Plan. It is the purpose of this chapter to set forth the findings necessary for such discretionary action. B. Applicability A conditional use permit is required to authorize proposed land uses identified by Chapter 2 (Zoning Districts and Allowable Land Uses) as being allowable in the applicable zoning district subject to the approval of a Conditional Use Permit. C. Application Requirements An application for a Conditional Use Permit shall contain any specific information required by the City Manager or his/her designee necessary to determine compliance with the Land Use Code. It is the responsibility of the applicant to provide evidence in support of the findings required by this Section. A nonrefundable fee in such amount as the City Council shall from time to time establish by resolution shall be paid to the finance officer at the time of filing_ D. Conditional Use Permits Defined "Conditional use permits," as the term is used in this Section, shall be the same as those conditional use permits described in Section 65901 of the Government Code. E. Findings and Decision 1. The Planning Commission may approve or deny a conditional use permit through a public hearing process. Before any conditional use permit is granted, the applicant shall show the existence of the following facts: a. The proposed use is allowable within the applicable zoning district pursuant to a conditional use permit and complies with all other applicable provisions of the Land Use Code; and b. The proposed use is consistent with the General Plan and any applicable specific plan; and c. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity; and d. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints. e. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located; and f. The proposed project has been reviewed in compliance with the California Environmental Quality Act. 2. The decision of the Planning Commission is appealable to the City Council in accordance with Section 18.12.060. Ordinance No. 2011-2362 34 Amending Title 18 — Land Use Code F. Conditions Conditions may be imposed upon the granting of any conditional use permit so as to render the proposed use as compatible as possible with other uses in the immediate surrounding area, and to accomplish the purpose of this chapter. G. Acceptance of Conditions Before any conditional use permit granted pursuant to the provisions of this chapter shall become effective, the applicant shall file a written statement, in the form to be prescribed by the City Attorney, with the Planning Division, acknowledging and accepting all of the conditions, if any, imposed upon such conditional use permit. H. Revocation 1. Conditional use permits may be subject to revocation in the time and manner as set forth in this Section. Whenever the City Manager or his/her designee finds that any of the following facts exist, with reference to a conditional use permit, he/she may recommend to the Planning Commission or City Council, whichever body granted the permit, that the conditional use permit be revoked: a. That the conditional use permit was obtained by fraud; or i. That the use authorized by such conditional use permit has ceased, or has been suspended, for any reason, for a period of six months or more; or ii. That the conditional use permit is being exercised in a manner contrary to any law or conditions of approval imposed upon such conditional use permit; or iii. That any use or uses pursuant to such conditional use permit is being, or has been, exercised in a manner detrimental to public peace, health, safety, or welfare, or in a mariner to constitute a public nuisance. b. Upon receipt of such recommendation, the granting body shall expeditiously set and conduct a public hearing upon such matter after having given notice in the manner set forth in Section 18.12.050. At the time and place of such hearing, the body conducting such hearing shall determine whether any one of the facts, set forth in Section 18.12.110.H.1.a are present. If, as a result of the evidence produced at such hearing, the body conducting the hearing determines that any one of such facts are present, it shall revoke the conditional use permit. c. If the revocation proceeding is conducted before the Planning Commission, the decision of the Commission shall be subject to an appeal to the City Council in the time and manner as set forth in Section 18.12.060. In the absence of such appeal from a commission decision, its decision shall be final and conclusive. The action of the City Council, either upon an appeal or as a conducting body, shall be final and conclusive for all purposes. I. Modification Any condition imposed upon the granting of a conditional use permit may be modified or eliminated, or new conditions may be added; provided that the original granting body, the Commission or the Council, first conducts a public hearing thereon, in the same manner as required for the granting of the same. No such modification shall be made unless the Commission or Council finds that such modification is necessary to protect the public interest and/or adjacent or abutting properties; or, in case of deletion of an existing condition, that such action is necessary to permit reasonable operation and use under the conditional use permit. 18.12.120 VARIANCES A. Purpose Variances are discretionary actions meant to provide adjustments in the application of this title to avoid practical difficulties and unnecessary hardships with respect to a particular piece of property which is not enjoying the privileges commonly enjoyed by other properties in the same vicinity and zone. A practical Ordinance No. 2011-2362 35 Amending Title 18 — Land Use Code difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site, or because of the location of existing structures on the site, or from setbacks or building lines, or from geographic, topographic, or other physical conditions on the site or in the immediate vicinity. B. Applicability A variance may be considered for any applicant who is trying to establish a use that is expressly permitted in the zone that governs his/her property, but a hardship associated with the land deprives the property of privileges enjoyed by other properties in the vicinity within the same zone and prevents the applicant from being able to fully comply with the development standards of this Land Use Code. C. Application Requirements An application for a variance shall contain any specific information required by the City Manager or his/her designee necessary support of the findings required by this Section. A nonrefundable fee in such amount as the City Council shall from time to time establish by resolution shall be paid to the finance officer at the time of filing. D. Development Standards Except for the provision(s) of this title which are the subject of a zone variance approval, all other provisions of this title shall apply. E. Findings and Decision Before any zone variance is granted by the Planning Commission through a public hearing process, the applicant shall show compliance with the following: 1. Variances from the terms of this title shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this title deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. 2. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall 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. 3. A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property. F. Conditions of Approval Conditions of approval may be attached to the granting of a variance to render such variance compatible with adjacent uses and properties and in accord with the general intent and purpose of this title, and to prevent the granting of a special privilege inconsistent with the limitations placed upon other properties and uses similarly situated. G. Acceptance of Conditions Before any zone variance granted pursuant to the provisions of this chapter shall become effective, the applicant shall file a written statement, in the form to be prescribed by the City Attorney, with the Planning Division, acknowledging and accepting all of the conditions, if any, imposed upon such zone variance. Ordinance No. 2011-2362 36 Amending Title 18 — Land Use Code 18.12.130 PLANNED DEVELOPMENT PERMITS A. Purpose The purpose of these procedures is to: 1. Establish a review process for development that allows an applicant to request greater flexibility from the strict application of the regulations than would be allowed through a variance process; 2. Encourage imaginative and innovative planning to achieve a more preferable development than what would be achieved by strict conformance with the regulations; 3. Ensure, through the imposition of conditions of approval, a more efficient use of open space, separation of pedestrian and vehicular traffic, increased project amenities, compatibility with the surrounding neighborhood, and conformance to the achievable capacity of community utilities and improvements. 4. Consider a planned development as a comprehensive unit rather than an aggregation of separate buildings on unrelated lots. B. Applicability A planned development shall consist of not less than two acres and the area must be under one ownership or the subject of an application filed jointly by all the owners of the property included- C. Application Requirements An application for a Planned Development Permit shall contain any specific information required by the City Manager or his/her designee necessary to support the findings required by this Section. A nonrefundable fee in such amount as the City Council shall from time to time establish by resolution shall be paid to the finance officer at the time of filing. D. Dwelling Units If a planned development contains residential units, the number of residential units shall not exceed the number otherwise allowed unless a density bonus is approved consistent with the provisions of Government Code Section 65915. In no case shall the right-of-way of any public or private street, sidewalk, public or semi-public parking area, or adjacent pedestrian walk be included in the allowable lot area per dwelling unit. Two or more dwelling units may be attached or combined into a single structure. E. Special Lot Sizes, Setback, and Height Requirements 1- Reductions in lot sizes may be approved, provided that acceptable land is designated as permanent open space and/or usable recreation space. The land area of each permanent open space area shall equal or exceed the total of all lot reductions. 2. Special setback and height requirements may be established for a planned development based on design and relation of buildings to each other and the surrounding areas. F. Development Regulations Reductions in lot sizes may be approved, provided that acceptable land is designated as permanent open space and/or usable recreation space. The land area of each permanent open space area shall equal or exceed the total of all lot reductions. G. Findings and Decision A planned development permit may be approved or conditionally approved by the Planning Commission through a public hearing process only if all of the following findings are made: 1. The proposed development is consistent with the General Plan; 2. The proposed development will not be detrimental to the public health, safety, and welfare; Ordinance No. 2011-2362 37 Amending Title 18 - Land Use Code 3 The proposed development will comply with the regulations of the Land Use Code; 4. The proposed development, when considered as a whole, will be beneficial to the community; 5. Any proposed deviations pursuant to this Section are appropriate for this location and will result in a more desirable project than would be achieved if designed in strict conformance with the development regulations of the applicable zone. 6. The proposed project has been reviewed in compliance with the California Environmental Quality Act. H. Conditions of Approval Conditions of approval may be attached 10 the granting of a planned development permit to render such planned development compatible with adjacent uses and properties and in accord with the general intent and purpose of this title. I. Acceptance of Conditions Before any planned development permit granted pursuant to the provisions of this chapter shall become effective, the applicant shall file a written statement, in the form to be prescribed by the City Attorney, with the Planning Division, acknowledging and accepting all of the conditions, if any, imposed upon such zone variance. 18.12.140 ZONING AMENDMENTS A. Purpose The zoning map or Land Use Code may be amended whenever public necessity, general welfare, convenience, or sound planning principles require. B. Initiation Zoning amendments may be initiated by: 1. The application of an owner or the agent of such owner seeking an amendment, supplement to, or change of the regulations prescribed for his property, or the reclassification of his property; 2. The application of an entity authorized to exercise the power of eminent domain over property subject to amendment; 3. The application of a redeveloper who is seeking to redevelop the property involved, and who is a party to an existing disposition and development agreement with the community development commission; 4. Minute action of the City Council; 5. Minute action of the Planning Commission. C. Application Any person desiring to initiate a zoning change shall address his/her request on a form prescribed by the City Manager or his/her designee. A nonrefundable fee in such amount as the City Council shall from time to time establish by resolution shall be paid to the finance officer at the time of filing. D. Decision No decision on a zoning amendment shall be rendered by the Planning Commission or City Council until they have, respectively, found that the amendment, if adopted, would be consistent with the General Plan and has been reviewed in compliance with the California Environmental Quality Act. Ordinance No. 2011-2362 38 Amending Title 18 — Land Use Code 18.12.150 GENERAL PLAN AND SPECIFIC PLAN AMENDMENTS A. Purpose The General Plan Map, General Plan, and any specific plan may be amended whenever public necessity, general welfare, convenience, or sound planning principles require, in the manner prescribed in Sections 65350 through 65362, and 65450 through 65457 of the Government Code of the state. B. Initiation Amendments to the General Plan Map, General Plan, or any specific plan may be initiated by: 1. The application of an owner or the agent of such owner seeking an amendment, supplement to, or change of the regulations prescribed for his/her property, or the redesignation of his/her property. 2. The application of an entity authorized to exercise the power of eminent domain over property subject to amendment; 3. The application of a redeveloper who is seeking to redevelop the property involved, and who is a party to an existing disposition and development agreement with the community development commission; 4. Minute action of the City Council; 5. Minute action of the Planning Commission. C. Application Any person desiring to initiate a change in the General Plan Map, General Plan, or any specific plan shall address his/her request on a form prescribed by the City Manager or his/her designee. A nonrefundable fee in such amount as the City Council shall from time to time establish by resolution shall be paid to the finance officer at the time of filing. D. Decision The Planning Commission shall recommend approval, approval with modifications, or denial of the application through a public hearing pursuant to Section 18.12.050. The City Council, after receiving such recommendation, shall hold a public hearing pursuant to Section 18.12.050 and render a final decision- E. Limitations on General Plan Amendments General Plan amendments shall occur no more frequently than four times during any calendar year unless otherwise specified in Government Code Section 65358. 18.12.160 HISTORIC PROPERTIES A. Intent and Purpose It is the intent and purpose of this Section to protect, preserve and, where damaged, restore National City's historic resources by: 1. Establishing a procedure whereby properties of historical significance are identified and appropriate notice is provided in the event demolition, significant alteration, or conversion is proposed. 2. Protecting the educational, cultural, economic, and general welfare of the public, while employing regulations that are consistent with sound historical preservation principles and the rights of private property owners. B. Designation of Historic Properties 1. A list of historic properties shall be maintained and periodically updated. 2. Changes to the historic properties list may be initiated by resolution of the City Council or on the verified application of the owner(s) of the property to be designated or their authorized agents. Ordinance No. 2011-2362 39 Amending Title 18 — Land Use Code 3. Any application or resolution that proposes changes to the historic properties list shall be accompanied by an evaluation of the historic character of the property and shall be reviewed by the Planning Division. 4. The Planning Division, after reviewing such application for completeness, shall notify the Historical Society of the proposed changes to the historic properties list. Any comments or recommendations provided by the Historical Society must be received within 20 days of the notice of proposed changes. 6. Once the Planning Division has completed review of the application and considered any comments or recommendations from the Historical Society, it shall prepare a report and recommendation to the Planning Commission. 7. The Planning Commission shall hold a public hearing on the proposal and shall provide a recommendation to the City Council. 8. The City Council shall hold a public hearing and may approve, modify and approve, or deny the proposed changes to the historic properties list. C. Review of Ministerial Permits 1. The Building Official or designee shall review each request for a non -discretionary building or demolition permit to determine if it involves any structure identified on the list of historic properties. If a property proposed for demolition or significant alteration or conversion is determined to be on the historic properties list, the Building Official or designee shall withhold issuance of the permit for a period of 30 days. 2. The Building Official shall immediately notify the Planning Division and the City Council of the pending permit. 3. Within five days, the Planning Division shall provide notice to the Historical Society of the pending permit and may request comments and recommendations. Any comments or recommendations provided by the Historical Society must be received within 20 days of the notice of pending permit. 4. Once the Planning Division has reviewed the permit application and considered any comments or recommendations from the Historical Society, it shall provide a recommendation to the City Council. The recommendation may include approval of the permit, no recommendation, recommendation that the permit be denied, or a request for additional time to evaluate the permit. 5. The City Council, at its sole discretion, may approve the permit, deny the permit if a finding is made that such permit may result in an adverse effect on the public welfare, or withhold the issuance of the permit until such time as all alternative measures are thoroughly evaluated. D. Review of Discretionary Permits All discretionary permits involving a historic resource shall be reviewed in compliance with the California Environmental Quality Act. Ordinance No. 2011-2362 40 Amending Title 18 — Land Use Code DIVISION 2 ZONING DISTRICTS AND ALLOWABLE LAND USES CHAPTER 18-20 — ZONING MAP Sections 18.20.010 Purpose 18.20.020 Zones and Zoning Map 18.20.030 Prohibited Land Uses CHAPTER 18-21 — RESIDENTIAL ZONES Sections 18.21.010 Purpose 18.21.020 Allowed Land Uses and Permit Requirements 18.21.030 Accessory Uses 18.21.040 General Development Standards 18.21.050 Second Units CHAPTER 18-22 — COMMERCIAL ZONES Sections 18.22.010 Purpose 18.22.020 Allowed Land Uses and Permit Requirements 18.22.030 Accessory Uses 18.22.040 General Development Standards 18.22.050 Uses to be Adequately Housed in Completely Enclosed Buildings CHAPTER 18-23 — WESTSIDE MIXED -USE ZONES Sections 18.23.010 Purpose 18.23.020 Allowed Land Uses and Permit Requirements 18.23.030 General Development Standards CHAPTER 18-24 — MIXED -USE CORRIDOR AND DISTRICT ZONES Sections 18.24.010 Purpose 18.24.020 Mixed Use Zones 18.24.030 General Provisions 18.24.040 Building Form and Placement 18.24.050 Allowed Land Uses and Permit Requirements 18.24.060 Accessory Uses 18.24.070 Building Frontage Standards 18.24.080 Parking Requirements Ordinance No. 2011-2362 41 Amending Title 18 — Land Use Code 18.24.090 Civic Space Standards CHAPTER 18-25 — INDUSTRIAL ZONES Sections 18.25.010 Purpose 18.25.020 Allowed Land Uses and Permit Requirements 18.25.030 Accessory Uses 18.25.040 General Development Standards 18.25.560 Uses to be Adequately Housed in Completely Enclosed Buildings CHAPTER 18-26 — INSTITUTIONAL ZONE Sections 18.26.010 Purpose 18.26.020 Allowed Land Uses and Permit Requirements 18.26.030 General Development Standards CHAPTER 18-27 — OPEN SPACE ZONE Sections 18.27.010 Purpose 18.27.020 Allowed Land Uses and Permit Requirements 18.27.030 General Development Standards CHAPTER 18-28 — OPEN SPACE RESERVE ZONE Sections 18.28.010 Purpose 18.28.020 Allowed Land Uses and Permit Requirements CHAPTER 18-29 — OVERLAY ZONES Sections 18.29.010 Purpose 18.29.020 Overlay Zone Designations 18.29.030 Coastal Zone (CZ) 18.29.050 Height Limit Restriction Overlay Zone (H) 18.29.060 Mobile Home Park Overlay Zone (MHP) 18.29.070 Floodway (-FW), Floodway Fringe (-FF-1), and Floodway Fringe -Shallow Flooding (-FF-2) Zones Ordinance No.2011-2362 42 Amending Title 18 — Land Use Code Ordinance No. 2011-2362 43 Amending Title 18 — Land Use Code CHAPTER 18-20 — ZONING MAP 18.20.010 Purpose 18.20.020 Zones and Zoning Map 18.20.030 Prohibited Land Uses 18.20.010 PURPOSE This section identifies the zones that apply to property within the City and adopts the City's zoning map. National City is organized into zones that implement the General Plan, which are identified on the zoning map. 18.20.020 ZONES AND ZONING MAP A. Official Zoning Map The Official Zoning Map of the City is a zoning regulation within the context of and adopted pursuant to this title. B. Zone Boundaries - Determination in Cases of Uncertainty The location of zone boundaries may be determined by the rules for interpretation pursuant to this title. C. Zone Boundary Changes - Procedure Changes in the boundaries of the zones shall be made by ordinance adopting an amended Official Zoning Map. D. Pre -Zoning of Unincorporated Lands 1. Areas outside of City limits, but within National City's sphere of influence are unincorporated lands and governed by the County of San Diego until such time as those areas are annexed into the City. These areas have been pre -zoned with City zones to identify the regulations that would apply once the land is annexed into the City. 2. Pre -zone changes may be initiated and heard, in the manner provided for zone changes in this title, prior to the effective date of annexation to be effective upon annexation. E. Effect of Specific Plans Lands within an adopted specific plan are governed by the zoning regulations of that specific plan. If the requirements of any specific plan are either more restrictive or less restrictive than the zoning regulations of this title, the requirements of the specific plan shall take precedence. If the specific plan is silent with regard to a development standard that is addressed within the provisions of this title, the provisions of this title shall apply. Specific plans referred to in this title shall be adopted in compliance with the procedural requirements of the California Government Code. F. Zone Classifications Established The following zone classifications are established and applied to the City as shown on the Official Zoning Map. Ordinance No. 2011-2362 44 Amending Title 18 — Land Use Code TABLE 18.20.020 Zone Classifications Zone°C(assfcat r Zonez, rt A adsertestA.g ti ni x `, ' Ftes dential XI-e � ` � w RS 1 Large Lot Residential Low Medium Density Residential RS-2 Small Lot Residential Low Medium Density Residential RS-3 Medium -Low Density Multi -Unit Residential Medium Density Residential RS-4 Residential Single -Family Specific Plan (Westside) F1M-1 Medium Density Multi -Unit Residential Medium Density Residential HM-2 High Density Multi -Unit Residential High Density Residential RM 3 Very High Density MultiUnit Residential High Density Residential iY ga ¢ :.. 4 t r w ,'y ar a `� ,���;c� `._CorirrterctaL~����, a„#- '* r.�c z :. x., fsue: :�.�-�� -��. ��.����5 CA Commercial Automotive Commercial Automotive CI_ Limited Commercial Specific Plan (Westside) CS Service Commercial Service Commercial •"p `s'v L.c�j"xY`J5. MCR-1 Mixed Commercial -Residential Specific Plan (Westside) MCR-2 Mixed Commercial -Residential (Smart Growth Area) Specific Plan (Westside) MXC 1 Minor Mixed Use Corridor Minor Mixed Use MXC-2 Major Mixed Use Corridor Major Mixed Use MXD-1 Minor Mixed Use District Minor Mixed Use MXD-2 Major Mixed Use District Major Mixed Use '", lndtstnat c c `Nye.. k k '3."�, ` It. Light Industrial Industrial IM Medium Industrial Industrial IH Heavy Industrial Industrial °' i) Ioti'iutttsnaf $ 4 - = � Institutional Institutional ''�" 'k0 en'. u _ r a}: r �: � �� � .� ��r� P ;Space ,,, � �-�_� 4...3 OS Open Space Open Space OSR Open Space Reserve �>.., ' e .„ r».nv li'itlta -, M 1 Military Military � anieg 'Do Unifred Porf WSW 1;�y ,¢ ... _ k. ,-, f UPD I Port Master Plan San Die o Unified Port District rr � . a Specific Plan ` may, 1.11W ._:.�._.,,. �_" re �, �" ��'�,-,.'-2. as � ,'P. SP Specific Plan Specific Plan 18.20.030 Prohibited Land Uses Land uses not specifically allowed are prohibited. Ordinance No. 2011-2362 45 Amending Title 18 — Land Use Code CHAPTER 18-21 — RESIDENTIAL ZONES 18.21.010 Purpose 18.21.020 Allowed Land Uses and Permit Requirements 18.21.030 Accessory Uses 18.21.040 General Development Standards 18.21.050 Second Units 18.21.010 PURPOSE This section lists the land uses allowed within the residential zones. The purposes of the individual residential zones and the manner in which they are applied are as follows: A. Large Lot Residential (RS-1) The purpose of the RS-1 zone is to provide for areas of single-family detached residences on large lots (ten thousand square feet minimum and a density of up to five dwelling units per acre). B. Small Lot Residential (RS-2) The purpose of the RS-2 zone is to provide for areas of single-family detached residences on small lots (five thousand square feet minimum and a density of six to nine dwelling units per acre). C. Medium -Low Density Residential (RS-3) The purpose of the RS-3 zone is to provide for low-rise, medium -low density (10 to 15 units per acre) single-family attached and multiple family residential areas. The RS-3 zone is intended to retain characteristics found in the single-family zones, such as private yards and patios and privately maintained open space. D. Residential Single -Family (RS-4) The purposes of the RS-4 zone are to provide for areas of single-family attached and detached homes on minimum lot sizes of 2,500 square feet; and provide for small lot single-family development within the Westside Specific Plan area. The RS-4 zone permits one attached or detached single-family dwelling for each full two -thousand five -hundred square feet of lot area provided there is no more than one single family residence for each 2,500 square feet of lot area. It also allows for the continuation of the existing mixture of housing types and encourages infill with single-family zones on vacant properties and where existing parcels may be further subdivided as provided herein. E. Medium Density Multi -Unit Residential (RM-1) The purpose of the RM-1 zone is to provide for low-rise, medium density (16 to 23 dwelling units per acre) multiple family residential areas. The RM-1 zone is a transitional zone between higher density residential uses and lesser intensity single-family areas. F. High Density Multi -Unit Residential (RM-2) The purpose of the RM-2 zone is to provide for low- to mid -rise, high density (24 to 48 dwelling units per acre) multiple family residential. G. Very High Density Multi -Unit Residential (RM-3) The purpose of the RM-3 zone is to provide for mid- to high-rise, very high density (49 to 75 dwelling units per acre) multiple family residential. Ordinance No. 2011-2362 46 Amending Title 18 - Land Use Code 18.21.020 ALLOWED LAND USES AND PERMIT REQUIREMENTS A. Residential Land Uses 1. Table 18.21.020 identifies the uses of land allowed in each residential zone. 2. Table 18.21.020 does not apply to the RS-4 zone. See Appendix A, Land Use Table, within the Westside Specific Plan for the list of permitted uses in the RS-4 zone. 3. Within the RS-4 zone, existing multi -family and duplexes may continue as a permitted use. Existing churches and religious services may continue as a permitted use whereas new churches and religious facilities and expansions to existing churches and religious facilities are permitted pursuant to approval of a conditional use permit. Parks and open space are permitted uses. TABLE 18.21.020 Allowed Land Uses Residential Zones D. $ �ermtt;Rei Uired B 1 � tlit(3 SPeptfio #Use Ltegulatt on IBMRCwt 2" Accessory structure (incidental to _ prima y use and not a second unit) P P P P P P Animal husbandry C -- -- -- -- -- Section 8.32 Bed & breakfast inn (B&B) C C C C C C Section 18.30.290 Family day care home, small P P P P P P Section 18.30.080 Family day care home, large M M M M M M Section 18.30.080 Convalescent services/hospice (in home care only) P P P P P P Dormitory (Accessory to a school) -- -- -- -- C C Dwelling unit, single detached P P P P P P Dwelling unit, single attached — -- P P P P Dwelling unit, multiple -- -- P P P P Home occupation (accessory use) P P P P P P Section 18.12.090 Neighborhood comer store M M M M M M Section 18. 30.260 Open space reserves P P P P P P Parks, passive recreation P P P P P P Parks, active recreation C C C P P P Plant nursery (a) C -- -- -- -- -- Public assembly C C C C C C Public safety facility C C C C C C Rectory (accessory to religious facility) C C C C C C Renewable energy infrastructure (accessory) P P P P P P Section 18.30.210/18.30.300; Califomia Building Code Rooming or hoarding house (accessory) C C C C C C Second unit (accessory) M M M M M M Transitional / supportive housing P P P P P P Utility facilities, minor P P P P P P Utility facilities, major C C C C C C Urban agriculture P P P P P P Section 18.30.240 P Permitted C Conditional Use Permit M Minor Use Permit (Ministerial) — Not pemiitted Ordinance No. 2011-2362 47 Amending Title 18 — Land Use Code 18.21.030 ACCESSORY USES A. Home Occupations A home occupation permit granted by the Planning Division pursuant to Chapter 1 Section 18.12.040 (Home Occupation Permits) shall be required. The home occupation shall comply with the provisions included within the definition as provided in the Glossary. B. Roomers and Boarders In a dwelling unit occupied as a private residence, one or two rooms may be rented and table board provided for a maximum of two paying guests in all residential zones. Renting to more than two paying guests in a private residence is considered a rooming or boarding house and is subject to approval of a conditional use permit. C. Limitations on Accessory Uses and Structures Accessory uses and structures are prohibited without a permissible main building. D. Recreational Facilities Recreational facilities serving a multi -unit residential development may be permitted. Typical facilities include: 1. Swimming pools, gymnasiums/fitness centers, and hut tubs/spas. 2. Tennis, badminton, volleyball, croquet, and similar courts; 3. Playgrounds, sitting areas, and picnic/barbeque areas. 18.21.040 GENERAL DEVELOPMENT STANDARDS Development standards for residential zones are set out in Table 18.21.040 Ordinance No. 2011-2362 48 Amending Title 18 — Land Use Code TABLE 18.21.040 Development Standards Residential Zones t rD 'veto irnen eqt remeni B,y ontng` fltsfrlc Minimum Setbacks,BSI ' S- ` S-3.. tRS-4' :f*RM.f €-RM2 ft1713 rt: Primary Structure Front 20' 20' 15' 10'/15(a) 15' 10' 10' Side -Interior 5' 5' 5' 3/0(b) 5' 5' 5' Side -Exterior 10' 10' 5' 10'(a) 5' 5' 10' Rear 25' 25' 10' 15' 5' 5' 5' Minimum Setbacks, Accessory Structure Front 20' 20' 15' 10/15'(c) 15' 10' 10' Side -Interior 5' 5' 5' 3'(d) 5' 5' 5' Side -Corner 5' 5' 5' 10' 5' 5' 5' Rear 5' 5' 5' 3'(d) 5' 5' 5' Minimum Lot Area 10,000SF 5,000SF 5,000SF 2,500SF 5,000SF 5,000SF 5,000SF Minimum Street Frontage (Standard) Minimum Street Frontage (Lots on the bulb of a cul-de-sac) 60' 36' 50' 36' 50' 36' 25' 15' 50' 36' 50' 36' 50' 36' Maximum Density One du per lot One du per lot One du per 2,900 SF of lot area One du for each 2,500SF of lot area One du 1 900 SF of lot area One du per 900 SF of lot area One du per 580 SF of lot area Minimum Usable Open Space N/A N/A WA N/A 200 SF/du 200 SF/du 200 SF/du Maximum Lot Coverage 75% 75% 75% N/A 75% 75% 75% Maximum Height, Primary Structure 35' 35' 35' 35' 45' 65' 95' Maximum Stories, Primary Structure 2 2 3 3 4 6 9 Maximum Height, Accessory Structure 35' 35' 35' 35' 45' 65' 95' Shall not exceed the allowed maximum height of accessory structures in adjacent zone within 100-feet of the adjacent zone. Shall no exceed the allowed maximum height of accessory structures in adjacent zone within 100 feet of the adjacent zone. Maximum Area (total), Accessory Structures NI..,.... - 25% of floor area of primary structures 25% of floor area of primary structures 25% of floor area of primary structures None None None None (a) Stoops and porches may extend into the front yard up o the front property line or in the case of a corner parcel, to the side property line. Garages shall maintain a 15' front yard setback. (b) A zero foot minimum side yard, for one side yard on the parcel, is permitted provided that there is a six foot separation to the adjacent residential structure and that there is a minimum three-foot side yard setback on the opposite side. Ordinance No. 2011-2362 49 Amending Title 18 — Land Use Code (c) Except for stoops and porches, accessory structures shall not be located in the front yard setback. Porches or stoops should be at least six feet deep. (d) A minimum of six feet between structures must be maintained. 18.21.050 SECOND UNITS A. Purpose The purpose of this section is to provide regulations for the establishment of accessory dwelling units in the residential zones. Accessory dwelling units help advance the city's growth and planning policies by: 1. Accommodating new housing units while preserving the character of existing neighborhoods; 2. Allowing efficient use of the city's existing housing stock and infrastructure; 3. Providing housing options and choices that respond to varying income levels, changing household sizes and lifestyle needs; and, 4. Providing a means for residents —particularly seniors, single parents, younger singles and younger couples, and empty nesters —to remain in their homes and neighborhoods, and obtain and preserve income, security, companionship, and assistance. B. Location Requirements 1. Accessory dwelling units: a. Shall be permitted subject to the approval of a minor use permit and provided all requirements of this section and the zoning and building codes are met; b. Shall be permitted on properties with only one single-family residence on the lot or constructed in conjunction with a single-family residence; c. Shall not be allowed where the City Manager or his/her designee determines that roadways, public utilities or services are inadequate; d. Not allowed on lots that exceed the allowed number of dwelling units; e. Shall only be permitted on lots that meet the minimum requirements of the zone; f. Shall not exceed the height of the primary residence. C. Types 1. Accessory dwelling units may be: a. Located within or attached to a single-family dwelling unit; b. Located on the second story, integrated into the roof structure, or attached to the first story of a detached or attached garage; c. Located as a separate one story structure from the primary residence; or d. A garage conversion only if a replacement garage is provided. D. Setbacks A second dwelling unit shall comply with the accessory structure setback requirements of the applicable residential zone. E. Size and Scale The square footage of the accessory dwelling unit shall be a minimum of 300 square feet. For lots less than 10,000 square feet, attached second dwelling units shall not exceed 600 square feet. On lots 10,000 square feet or greater, second dwelling units shall not exceed 800 square feet. An accessory dwelling unit on lots less than 5,000 square feet shall have no more than one bedroom. An accessory dwelling unit on lots 5,000 square feet or greater shall have no more than two bedrooms. Ordinance No. 2011-2362 50 Amending Title 18 — Land Use Code F. Height Second dwelling units shall conform to the height limits of accessory structures in the residential zones in which they are located and shall be limited to one (1) story on lots where the primary residence is a one (1) story residence. Second story residences above a detached garage are not permitted where the primary residence is one (1) story. G. Lot Coverage A second dwelling unit shall comply with the lot coverage requirements of accessory structures. H. Minimum Components An accessory dwelling unit shall include a kitchen, living/sleeping area, and bathroom facilities. I. Entrances The entrance to an accessory dwelling unit shall be a separate entry from an entrance to the primary dwelling unit. J. Architectural Compatibility A second dwelling unit shall incorporate the same or substantially similar architectural features with respect to roof pitch, compatible building materials, colors, and design details of the primary dwelling unit. K. Neighbor Privacy Accessory dwelling units shall be designed to minimize the effect of the new accessory dwelling unit on adjacent properties; any potential impacts shall be oriented to the primary residence. A balcony, window or door of a second story accessory dwelling unit shall be designed to lessen privacy impacts to adjacent properties. Appropriate design techniques may include obscured glazing, window placement above eye level, screening treatments, or locating balconies, windows and doors toward the existing on -site residence. When adjacent to a residential zone, windows may only face the interior or front of a lot, a street, an alley, and/or open space or park, or rear when set back 25-feet or more from the rear property line. L. Parking One off-street parking space, in addition to that which is required by this code for the primary residence shall be provided. Parking spaces include garages, carports, or off—street areas reserved for vehicles. Ordinance No. 2011-2362 51 Amending Title 18 — Land Use Code CHAPTER 18-22 — COMMERCIAL ZONES 18.22.010 Purpose 18.22.020 Allowed Land Uses and Permit Requirements 18.22.030 Accessory Uses 18.22.040 General Development Standards 18.22.050 Uses to be Adequately Housed in Completely Enclosed Buildings 18.22.010 PURPOSE A. Purposes The general purposes of commercial zones are to: 1. Provide areas in which business may be conducted, goods sold and distributed, public and private services rendered, and such other activities provided which are related to the function of commercial development; 2. Ensure compatibility of the various commercial areas with adjacent land uses; 3. Implement the General Plan by concentrating the locations of intensive commercial uses. B. Commercial Automotive (CA) The purpose of the Commercial Automotive (CA) zone is to provide for automobile and truck sales and services and sales and services that support such uses. Uses may also include alternative fuel vehicle sales, services and related supplies, and rental car facilities. C. Limited Commercial (CL) The purposes of the Limited Commercial (CL) zone are to: 1. Provide for small scale, limited convenience retail shopping facilities at the neighborhood level, typically including food and convenience stores, small retail and service shops, professional offices, and artisan activities such as studios, galleries, production space, and small performance venues. The sale of all merchandise shall be retail only. 2. Ensure that the character of the CL zone will be compatible with and will complement the surrounding residential area. D. Service Commercial (CS) The purpose of the Service Commercial (CS) zone is to provide for intensive commercial activities; specialized service establishments; light manufacturing, wholesaling, and distribution uses that operate in a clean and quiet manner; and supporting and complimentary uses. 18.22.020 ALLOWED LAND USES AND PERMIT REQUIREMENTS Table 18.22.020 identifies the uses of land allowed in each commercial zone. This table does not apply to the CL zone. For a list of allowable uses in the CL zone, please refer to Appendix A of the Westside Specific Plan. Ordinance No. 2011-2362 52 Amending Title 18 — Land Use Code TABLE 18.22.020 Allowed Land Uses Commercial Zones ,Land A + S tESe il!,Cl`tV'1�..i� Auto towing dispatch (accessory to service station) -- P Alcohol, sales for off -site consumption (accessory to retail sate.=.) C C Section 18.30.050 Alcohol, sales for on -site consumption (accessory to eating _place) C C Section 1 B.30.050 Car wan, automatic and full service P P Car wa;ir, manual C C Civic, fraternal, community, and cultural facilities C C Commercial recreation, indoor C C Commercial recreation, outdoor -- C Convenience store (accessory to service station) M M Section 18.30.190 Eating place, dine -in (accessory) P P Eating place, dine -in M P Eating ,place, drive-thru/take-out C C Garr.:._ al skill or amusement, maximum of four machines (accessory) P P Gasoline service station C C Section 18.30.190 Goods and services, retail M P New vehicle, sales or rental P -- Offices M P Off-street parking and loading facilities (accessory) P P Open space reserves P P Parking garage P P Pawn sh ps -- C Section 18.30.330 Payday le;:ders -- C Section 18.30.320 Public assembly C C Public safety facilities P P Research and development -- P Recycling facility, small (accessory) -- P Section 18.30.170 Recycling facility, mobile -- C Section 18.30.170 Renewable energy infrastructure (accessory) P P Section 18.30.210/ 18.30.300; CBC Storage building (accessory) P P Tattoo parlors and body piercing establishments — C Section 18.30.310 Telecommunications facilities C C Section 18.30.220 Used vehicle sales or rental (minimum one acre lot) M -- UtilitYfacilities, minor P P Utility facilities, major C C Vehicle body and paint shop (accessory to new car dealerships) P — Section 18.30.060 Vehicle body and paint shop C C Section 18.30.060 Vehicle, outdoor storage (a) C C Section 18.30.160 Vehicle parts and accessories sales P P Vehicle, repair or service (minimum 7,500 square foot lot) P P Vehicle storage (accessory to new or used vehicle sales) P -- Vending machines (accessory) P P Section 18.30.150 (E) Warehouse and distribution facility -- Wrecked vehicle storage, maximum 60 days (accessory) P P P Permitted C Conditional Use Permit M Minor Use Permit — Not permitted Ordinance No. 2011-2362 53 Amending Title 18 — Land Use Code 18.22.030 ACCESSORY USES A. Commercial Uses in Hotels and Motels Accessory uses and services incidental to the principal use may be permitted; and accessory businesses intended for the convenience or necessity of the guests of the principal use, including bars, cafes, restaurants, lunchrooms, coffee shops, gift shops, florists, barbershops, beauty shops, news and tobacco shops, travel and car rental agencies, business centers, valet service (agency for laundering, cleaning, and pressing of clothing), letting of space for professional offices, operated in conjunction with the uses permitted in this section and not as a separate enterprise, and located on the same premises may be permitted, provided there shall be no entrance to such accessory uses except from the lobby or the interior of a principal building or buildings or patio. B. Storage Buildings and Garages Storage buildings and garages incidental to principal uses on the same premises are permitted. C. Sale of Gasoline The sale of gasoline may be permitted as an accessory use in any zone where gasoline service stations are permitted, subject to the issuance of a conditional use permit. D. Auctions Auctions, in conjunction with used furniture or antique sales, may be permitted subject to the issuance of a conditional use permit. E. Games of Skill or Amusement 1. In the commercial and mixed -use zones, games of skill or amusement, as an incidental or accessory use, shall be limited to four machines per establishment, two of which may be multiple -player machines. 2. Bowling alleys shall be limited to thirty games of skill or amusement as an incidental use. All such machines shall be located in the main concourse of the facility within the line -of -sight of a supervising adult employed by the business proprietor, whom shall be continuously present at all times that machines are being used. 3. The use of games of skill or amusement as an incidental or accessory use may be permitted within an existing establishment only if a conditional use permit is granted. 4. Limitations on location of games of skill and amusement. a. No games of skill and amusement accessible for use by minors shall be maintained, operated, conducted or used, nor kept for such purposes, in or on the premises of any establishment whose primary business is the sale of alcoholic beverages. This shall not prohibit the operation of amusement machines in a bona fide establishment with an on -sale liquor license or restaurants which are not licensed to sell alcoholic beverages. b. No games of skill and amusement shall be maintained, operated, conducted or uses, nor kept for such purposes, within any place which is closer than three hundred feet from any public or private school which conducts classes for any grades from kindergarten to twelfth grade. Ordinance No. 2011-2362 54 Amending Title 18 — Land Use Code F. Catering Services Catering services for retail food preparation and party supplies may be permitted; provided said use is conducted in conjunction with a permitted restaurant, retail store, or commercial office; and further provided that the wholesaling or warehousing of merchandise does not occur in the operation of the catering business. 18.22.040 GENERAL DEVELOPMENT STANDARDS Development standards for commercial zones are set forth in Table 18.22.040. Refer to the Westside Specific Plan for additional requirements in the CL zone. TABLE 18.22.040 Development Standards Commercial Zones <: velop Standa xsCft:r� ne __Minimum Lot Area 15,000 SF(a) 5,000 SF 5,000 SF (b)(c) Minimum Street Frontage 50' 50' 50' (d) Minimum Setbacks Front Side, Interior Side, Exterior Rear When adjacent to a residential zone 0' 10' 0' 0' 0710'(e) 0' 0' 10' 0' 0' 5' 0' 20 feet from adjacent zone boundary N/A 20 feet from adjacent zone boundary Maximum Height/Stories When adjacent to Residential Zone 50' and 3 stories 50' and 3 stories 50' and 3 stories Shall not exceed the allowed maximum height in the adjacent zone within 100-feet of the adjacent zone N/A Shall not exceed the allowed maximum height in the adjacent zone within 100-feet of the adjacent zone Maximum Floor Area Ratio 1.5 0.6 1.5 Lot Coverage 80% N/A 80% (a) Used vehicle sales or rental shall have a minimum lot area of one acre. (b) Automobile service stations shall have a minimum lot area of 15,000SF (c) Automobile and truck repair facilities shall have a minimum lot area of 7,500SF (d) Automobile service stations shall have a minimum street frontage of 100'. (e) 10' if adjacent to an existing single-family or multi -family development without commercial/office uses. 18.22.050 USES TO BE CONDUCTED IN ENCLOSED BUILDINGS All uses shall be conducted in enclosed buildings; provided, however, that businesses such as auto and truck dealers, landscape nurseries, gas stations, sidewalk cafes/outdoor dining, and similar uses that customarily include outdoor use, may be permitted outside of a completely enclosed building. This section shall not restrict incidental loading, parking, property maintenance, or special promotions as provided by this title. Ordinance No. 2011-2362 55 Amending Title 18 — Land Use Code CHAPTER 18-23 - WESTSIDE MIXED -USE ZONES (MCR-1 AND MCR-2) 18.23.010 Purpose 18.23.020 Allowed Land Uses and Permit Requirements 18.24.030 General Development Standards 18.23.010 PURPOSE The purpose of the MCR-1 and MCR-2 zones is to provide an area within the Westside Specific Plan area for either commercial or multi -family residential development or a commercial and multi -family development constructed on a single parcel or as components of a single development on an assemblage of parcels. 18.23.020 ALLOWED LAND USES AND PERMIT REQUIREMENTS The uses permitted in the MCR-1 and MCR-2 zones are listed in Appendix A of the Westside Specific Plan. 18.23.030 GENERAL DEVELOPMENT STANDARDS The development standards for the MCR-1 and MCR-2 zones are identified in Table 18.23.030. Refer to the Westside Specific Plan for additional requirements in the MCR-1 and MCR-2 zones. TABLE 18.23.030 Development Standards MCR-1 AND MCR-2 Zones one eveettt.vStandar;; . _ tMGR1 =' I Minimum Setbacks "= 4 a`:,y.._ .,>. Front 10' 10' Side, Interior O'/10'(a) O'/10'(a) Side, Exterior 10' 10' Rear 5' 5' Minimum Distance Between Buildings 0710'(a) 0'/10'(a) Minimum Density 24 du/acre 24 du/acre Maximum Density 24 du/acre 45/60 du/acre (b) Minimum Dwelling Unit Size 600 SF 600 SF Maximum Height/Stories 3 stories and 50' 5 stories and 65' Common Usable Open Space (c) 300 SF/du 300 SF/du Private Usable Open Space (c) 75 SF/du 75 SF/du Maximum Floor Area Ratio 0.6 0.6 Notes: (a) 10' if adjacent to single-family or multi -family development without commercial/office uses (b) Maximum density if 45 dwelling units per acre in the MCR-2 Civic Center Drive District and 60 dwelling units per acre in the MCR-2 Transit ()dented Development District. (c) Required for each unit over three units. Ordinance No. 2011-2362 56 Amending Title 18 — Land Use Code CHAPTER 18-24 - MIXED -USE CORRIDOR AND DISTRICT ZONES (MXC-1, MXC-2, MXD-1, AND MXD-2) 18.24.010 Purpose 18.24.020 Mixed -Use Zones 18.24.030 General Provisions 18.24.040 Building Form and Placement 18.24.050 Allowed Land Uses and Permit Requirements 18.24.060 Accessory Uses 18.24.070 Building Frontage Standards 18.24.080 Parking Requirements 18.24.090 Civic Space Standards 18.24.010 PURPOSE The purpose of the mixed -use corridor and district zones is to create vibrant, mixed -use places that support a dynamic economy, affordable housing and environmental sustainability along major roadways. The mixed -use zones establish standards relating to building form and placement, building frontages, land use, parking, civic spaces, and streets. These standards are intended to create transit -oriented development with high quality architecture, pedestrian -oriented streets, a variety of housing options, accessible civic spaces, and a fine-grained mixture of land uses and activities. These standards differ from conventional zones by de-emphasizing land use regulations and instead focusing on physical form and building design. The mixed -use corridor and district zones implement policies relating to neighborhood design in the Land Use and Community Character Element of the National City General Plan. 18.24.020 MIXED -USE ZONES A. Mixed -Use Corridor, Minor (MXC-1) The MXC-1 zone supports the creation of mixed -use corridors at a scale compatible with adjacent single-family residential neighborhoods. Development in the zone is intended to create a pedestrian - oriented development that enhances the quality of life within the corridor and for adjacent residential neighborhoods. Buildings in the zone are built at or near front property lines to create a well-defined public realm. Parking areas are de-emphasized by being located adjacent to or behind buildings. Multi -family residential and mixed -use buildings provide a diversity of housing choices for existing and new residents. Commercial uses provide goods and services for residents and jobs for the community. B. Mixed -Use Corridor, Major (MXC-2) The MXC-2 zone supports the creation of mixed -use corridors that function as important activity centers within the community. Development in the zone is intended to create vibrant places at an urban scale. Buildings in the zone are built to the property lines to create a clearly defined street edge with building frontages that are active and inviting for pedestrians. Residents in mixed -use buildings with housing above retail support commercial establishments within the corridor. High quality architectural design and a distinctive sense of place make the zone an attractive destination to work, shop, and play for residents and visitors. C. Mixed -Use District, Minor (MXD-1) The MXD-1 zone supports the creation of mixed -use districts at a scale compatible with adjacent single-family residential neighborhoods. New development within the zone may be oriented towards an existing public street or a new street or civic space within the development site. A mixture of land uses within the zone will support a neighborhood feel and increase the ability for workers and Ordinance No. 2011-2362 57 Amending Title 18 — Land Use Code residents to walk to destinations. New streets established in the zone support a pedestrian -oriented environment and accommodate all modes of transportation. New civic spaces required for large redevelopment projects create a lively focal point within the district that functions as a gathering place for residents and workers within the district. D. Mixed -Use District, Major (MXD-2) The MXD-2 zone supports the creation of mixed -use districts that serve as primary activity centers within the city. These activity centers will function as 24-hour neighborhoods for residents, workers, and visitors. Housing, employment, retail, and recreational uses located within close proximity to one another will reduce dependence on the automobile. Urban -scale development will contribute to a lively, dynamic, and unique sense of place. Streets established in the zone support a pedestrian - oriented environment and accommodate all modes of transportation. New civic spaces required for large redevelopment projects will reinforce the urban design character of the district and provide a gathering place for residents, workers, and visitors. 18.24.030 GENERAL PROVISIONS The requirements of Section 18-23 (Mixed Used Zones) take precedence over the regulations found elsewhere in Title 18. In the event of a conflict between this section and another portion of the Land Use Code, the provisions of this section shall govern. 18.24.040 BUILDING FORM AND PLACEMENT A. Purpose This section establishes standards for building form and placement, including building height, bulk, mass, and parking placement within the mixed -use corridor and district zones. B. Intent The intent of these standards is to ensure excellence in site planning and building design in order to create a vibrant and well-defined public realm that is pedestrian -friendly and supportive of a sustainable way -of -life. The images below illustrate the intent of these standards. Ordinance No. 2011-2362 58 Amending Title 18 — Land Use Code C. Mixed -Use Transit Corridor, Minor (MXC-1) Development in the MXC-1 zone shall comply with the standards in Table 18.24.040A (MXC-1 Zone Building Form and Placement). TABLE 18.24.040A MXC-1 Zone Building Form and Placement L!✓,y`. 'Y t evefopment Start c� _ �x % � tut trt ..w Xi ni 0 Street Wall 75% 100% Building Setbacks Street 0, 15' - 1 s' and 2"d story None - 3`d story Other 0' None Other, ad{: rant to residential zone Same as adjacent residential zone None Buildinr; ;- _.;*backs 3rd sioh,- stepback from 2"d story street wall 8' None 3rd story stepback from 2"d story walls adjacent 10 RS zone 15' None Building Volume Height None 50' and 3 stories Height, adjacent to residential zone None Same as adjacent zone (within 50 feet) Floor:prea ratio, mixed use (a) 1.0 2.0 Floor area ratio, single use 0.5 1.0 Resideniia' Density (net rights -of -way) None 48 du/acre Parking Setback Adjacent to Street (b) 40' None Notes; (a) Mixed use shall be defined as both vertical mixed use (e.g., residential or office above ground floo commercial) and horizontal mixed use (e.g., residential and commercial uses in separate buildings located on a single parcel or site). A mixed use development that is primarily residential shall contain a minimum of 10 percent commercial floor area. A mixed use development that is primarily commercial shall contain a minimum 20 percent residential floor area. (b) Does not apply when parking is not visible from any point six feet above finish grade along property lines adjacent to public rights -of -way. Ordinance No. 2011-2362 59 Amending Title 18 — Land Use Code Building Setback Standards in the MXC-1 Zone 0 ft min. O ft min. IOC depth min: for S0%`of IOC width Building Volume Standards in the MXC-1 Zone Parking Setback Standards in the MXC-1 Zone Property Line i:.f,W �%%i / Parking Placement Property, Line. Building Placement Ordinance No. 2011-2362 60 Amending Title 18 — Land Use Code D. Mixed -Use Corridor, Major (MXC-2) Standards Development in the MXC-2 zone shall comply with the standards in Table 18.24.040E (MXC-2 Zone Building Form and Placement). TABLE 18.24.040B MXC-2 Zone Building Form and Placement re opment to -�� " . z ¢ Street Wall 75% 100% Building Setbacks Street 0. 10' —1'' and 2" story None — 3rd story Other 0' None Other, adjacent to residential zone Same as adjacent residential zone None Building tilapbacks 5th story stepback from 4th story street wall 8' None 3rtl 4th, and 5 story stepback from 2"O story walls adjacent to RS zone 15' None Building Volume Height None 65' and 5 stories Height, adjacent to residential zone None Same as adjacent zone (within 50 feet) Floor area ratio, mixed use (a) 2.0 3.5 Floor area ratio, single use 1.0 2.5 Residential Density (net rights -of -way) None 75 du/acre Parking Setback Adjacent to Street (b) 40' None Notes: (a) Mixed use shall be defined as both vertical mixed use (e.g., residential or office above ground floor commercial) and horizontal mixed use (e.g., residential and commercial uses in separate buildings located on a single parcel or site). A mixed use development that is primarily residential shall contain a minimum of 10 percent commercial floor area. A mixed use development that is primarily commercial shall contain a minimum 20 percent residential floor area. (b) Does not apply when parking is not visible from any point six feet above finish grade along property lines adjacent to public rights -of -way. Ordinance No. 2011-2362 61 Amending Title 18 — Land Use Code Building Setback Standards in the MXC-2 Zone Building Volume Standards in the MXC-2 Zone Parking Setback Standards in the MXC-2 Zone 0 ft. min. 0 ft. f50%ofloL// Jl%i.� fl �fr%f depth 50% of lot depth FRONT STREET Property Lirfe Budding Placement Property Line '/Xr Parking Placement Ordnance No. 2011-2362 62 Amending Title 18 — Land Use Code E. Mixed -Use District (MXD-1) Standards Development in the MXD-1 zone shall comply with the standards in Table 18.24.040C (MXD-1 Zone Building Form and Placement). TABLE 18.24.040C MXD-1 Zone Building Form and Placement ©eveiopm'ittS�� ��i • 2:. 6rzr aram rt. .. . -..Y' z x.m .'� ... �L ... �.m nb ,...a... Street Wall 75% ,. 100% Building Setbacks Street 0. 15' — 1st and 2nd story None — 3`d story Other 0' None Other, adjacent to residential zone Same as adjacent residential zone None Building Stepbacks 3'd story stepback from 2nd story street wall 8' None 3`d story stepback from 2nd story walls adjacent to RS zone 15' None Building Volume Height 25' 50' and 3 stones Height, adjacent to a residential zone None Same as adjacent zone (within 50 feet) Floor area ratio, mixed use (a) 1.0 2.0 Floor area ratio, single use 0.5 1.0 Residential Density None 48 du/acre Parking Setback Adjacent to Street (b) 40' None Notes: (a) Mixed use shall be defined as both vertical mixed use (e.g., residential or office above ground floor commercial) and horizontal mixed use (e g., residential and commercial uses in separate buildings located on a single parcel or site). A mixed use development that is primarily residential shall contain a minimum of 10 percent commercial floor area. A mixed use development that is primarily commercial shall contain a minimum 20 percent residential floor area. (b) Does not apply when parking is not visible from any point six feet above finish grade along property lines adjacent to public rights -of -way. Ordinance No. 2011-2362 63 Amending Title 18 — Land Use Code Building Setback Standards in the MXD-1 Zone inarcinimel Building Volume Standards in the MXD-1 Zone Property Line' — Arterial or Collector Frontage Building Placement — — — Arterial or Collector Frontage 3stories 50 ft max Parking Setback Standards in the MXD-1 Zone 0 if. min. 'fP/Vi 4- 0 50ft. or50% gig: oflot dimension V'`/'�_ t from property `. line hicheveriL�t1/1�� is greater 50 fc. or 5o% of lot dimension from property line, whkhever is greater FRONT STREET Property Line — — — — Arterial or Collector Frontage "//l L Parking Placement Ordinance No. 2011-2362 64 Amending Title 18 — Land Use Code F. Mixed -Use District, Major (MXD-2) Standards Development in the MXD-2 zone shall comply with the standards in Table 18.24.040D (MXD-2 Zone Building Form and Placement). TABLE 18.24.040D MXD-2 Zone Building Form and Placement 3eva e 6 e t tand Street Wall 75% 100% Building Setbacks Street 0 10' — 1 s' and 2nd story None — 3`0 story Other 0' None Other, adjacent to residential zone Same as adjacent residential zone None Building Stepbacks 5`' story stepback from 4'" story street wall 8' None 3ftl, 4m, and 5`" story stepback from 2'm story walls adjacent to RS zone 15' None Building Volume Height 35' 65' and 5 stories Height, adjacent to residential zone None Same as adjacent zone (within 50 feet) Floor area ratio, mixed use (a) 2.0 3.5 Floor area ratio, single use 1.5 2.5 Residential Density (net rights -of -way) None 75 du/acre Parking Setback Adjacent to Street (b) 40' None Notes: (a) Mixed use shall be defined as both vertical mixed use (e.g., residential or office above ground floor commercial) and horizontal mixed use (e.g., residential and commercial uses in separate buildings located on a single parcel or site). A mixed use developmen that is primarily residential shall contain a minimum of 10 percent commercial floor area. A mixed use development that is primarily commercial shall contain a minimum 20 percent residential floor area. (b) Does not apply when parking is not visible from any point six feet above finish grade along property lines adjacent to public rights -of -way. Ordinance No. 2011-2362 65 Amending Title 18 — Land Use Code Building Setback Standards in the MXD-2 Zone Property Line — Arterial or Collector Frontage Building Placement Building Volume Standards in the MXD-2 Zone Parking Setback Standards in the MXD-2 Zone t Pr9t?y Une, I 50 ft. or 50% of lot i whichever is dimension from �+ t greater property fine, t whichever is greater 0ft. min.• t 50 ft, or 50% ;1; fif , . F r 1 of lot - j�r,�N- 1 dimension si%// i", FRONT STREET Property Line " Arterial or Collector Fronrdge fi, Parking Placement_ 18.24.050 ALLOWED LAND USES AND PERMIT REQUIREMENTS A. Purpose Ordinance No. 2011-2362 66 Amending Title 18 — Land Use Code This section identifies permitted uses within the mixed -use zones. B. Permitted Land Uses Land uses permitted in the mixed -use zones shall be as specified in Table 18.24.050 (Allowed Land Uses — Mixed -Use Zones). TABLE 18.24.050 Allowed Land Uses Mixed -Use Zones "^ ✓$^ k U''+arwy �. b. X aY' - ermliffgfred b}one� Yc'{'L`. s� T k s^ � R�t�Usex rf egutatiot�ss 3 `� Alcohol, sales for off -site consumption (accessory to retail sales) C C C C Section 18.30.050 Alcohol, sales for on -site consumption 1accssory to eating places) C C C C Section 18.30.050 Animal boarding/kennel, small (setback 150 feet from single-family residential zones) C C C C Bar/nightclub C C C C Section 18.30.050 Bed & breakfast inn (B&B) C C C C Car wash, automatic and full service P P P P Car wash, manual C C C C Civic, fraternal, community, and cultural facilities P P P P Commercial recreation, indoor P P P P Commercial recreation, outdoor M M M M Convalescent / nursing home / hospice P P P P Child day care center M M M M Section 18.30.070 Family day care home, small (accessory) P P P P Section 18.30.080 Family day care home, large (accessory) M M M M Section 18.30.080 Convenience store (accessory to gas service station) P P P P Section 18.30.190 Dormitory (accessory to school) C C C C Dwelling unit, single detached (b) P P P P Dwelling unit, single attached (b) P P P P Dwelling unit, multiple (b) P P P P EatiLplaces, dine in P P P P Eating places, drive-through/take-out C C C C Farmers market C C C C Gasoline service station C C C C Section 18.30.190 Goods and services, retail P P P P Guidance/social assistance services C C C C Heliport/helistop (accessory) -- -- C C Home occupation (accessory) P P P P Hospital -- -- C C Hotel, motel, and related services P P P P Section 18.30.270 Maintenance yards C C C C Medical offices/clinics and laboratories P P P P Offices P P P P Open space reserves P P P P Parking garage P P P P Parks (passive and active recreation) P P P P Ordinance No. 2011-2362 67 Amending Title 18 — Land Use Code Pawn shops C C C C Section 18.30.330 Payday lenders C C C C Section 18.30.320 Private/public educational institutions, schools C C C C Public assembly C C C C Public safety facilities P P P P Rectory (accessory to religious facility) P P P P Recycling facility, small (accessory) P P P P Section 18.30.170 Recycling facility, mobile C C C C Section 18.30.170 Renewable energy infrastructure (accessory) P P P P Section 18.30.210/ 18.30.300; California Building Code Sidewalk cafe (accessory) P P P P Section 18.30.200 Storage building (accessory) P P P P Tattoo parlors and body piercing establishments C C C C Section 18.30.310 Telecommunication facilities, commercial C C C C Section 18.30.220 Tobacco specialty shops -- -- C C Section 18.30.230 Transitional/supportive housing (b) P P P P Urban agriculture P P P P Section 18.30.240 Utility facilities, minor P P P P Utility facilities, major C C C C Vending machines (accessory) P P P P Section 18.30.150 (E) Veterinary clinics/hospitals C C C C Section 18.30.250 P Permitted C Conditional Use Permit M Minor Use Permit (Ministerial) -- Not permitted Notes: (a) Visitor serving, tourist commercial, and recreational uses are prioritized in the coastal zone. (b) Residential uses are not pemiitted in the coastal zone west of 1-5. 18.24.060 ACCESSORY USES A. Commercial Uses in Hotels and Motels Accessory uses and services incidental to the principal use may be permitted; and accessory businesses intended for the convenience or necessity of the guests of the principal use, including bars, cafes, restaurants, lunchrooms, coffee shops, gift shops, florists, barbershops, beauty shops, news and tobacco shops, travel and car rental agencies, business centers, valet service (agency for laundering, cleaning, and pressing of clothing), letting of space for professional offices, operated in conjunction with the uses permitted in this section and not as a separate enterprise, and located on the same premises may be permitted, provided there shall be no entrance to such accessory uses except from the lobby or the interior of a principal building or buildings or patio. B. Storage Buildings and Garages Storage buildings and garages incidental to principal uses on the same premises are permitted. C. Recreational Facilities Recreational facilities serving the customer or patron of a principal use may be permitted. Typical facilities include: 1. Swimming pools, gymnasiums/fitness centers, and hot tubs/spas; 2. Tennis, badminton, volleyball, croquet, and similar courts; Ordinance No. 2011-2362 68 Amending Title 18 — Land Use Code 3. Playgrounds, sitting areas, and picnic/barbeque areas. D. Sale of Gasoline The sale of gasoline may be permitted as an accessory use in any zone where gasoline service stations are permitted, subject to the issuance of a conditional use permit. E. Auctions Auctions, in conjunction with used furniture or antique sales, may be permitted subject to the issuance of a conditional use permit. F. Games of Skill or Amusement 1. In the commercial and mixed -use zones, games of skill or amusement, as an incidental or accessory use, shall be limited to four machines per establishment, two of which may be multiple -player machines. 2. Bowling alleys shall be limited to thirty games of skill or amusement as an incidental use. All such machines shall be located in the main concourse of the facility within the line -of -sight of a supervising adult employed by the business proprietor, whom shall be continuously present at all times that machines are being used. 3. The use of games of skill or amusement as an incidental or accessory use may be permitted within an existing establishment only if a conditional use permit is granted. 4. Limitations on location of games of skill and amusement. a. No games of skill and amusement accessible for use by minors shall be maintained, operated, conducted or used, nor kept for such purposes, in or on the premises of any establishment whose primary business is the sale of alcoholic beverages. This shall not prohibit the operation of amusement machines in a bona fide establishment with an on -sale liquor license or restaurants which are not licensed to sell alcoholic beverages. b. No games of skill and amusement shall be maintained, operated, conducted or uses, nor kept for such purposes, within any place which is closer than three hundred feet from any public or private school which conducts classes for any grades from kindergarten to twelfth grade. G. Catering Services Catering services for retail food preparation and party supplies may be permitted; provided said use is conducted in conjunction with a permitted restaurant, retail store, or commercial office; and further provided that the wholesaling or warehousing of merchandise does not occur in the operation of the catering business. 18.24.070 A. Purpose BUILDING FRONTAGE STANDARDS This section identifies permitted frontage types for each mixed -use zone and establishes design standards that apply to each frontage type. B. Frontage Types Defined Frontage types refer to the design and function of street -facing wall building fagades. Frontage types define the way a structure engages the street and provides a transition between the public and private realm. Ordinance No. 2011-2362 69 Amending Title 18 — Land Use Code C. Permitted Frontage Types 1. MXC-1 and MXC-2 Zones. Exterior building walls in the MXC-1 and MXC-2 zones facing a street shall feature a permitted frontage type as shown in Table 18.24.070 (Building Frontage Types). 2. MXD-1 and MXD-2 Zones. Exterior building walls in the MXD-1 and MXD-2 zones facing a collector or arterial street shall feature a permitted frontage type as shown in Table 18.24.070 (Building Frontage Types). Within the MXD-1 and MXD-2 zones, frontage type requirements do not apply to building walls facing other types of streets. TABLE 18.24.070 Building Frontage Types in Mixed -Use Zones `g `^'°x4Y- u'g �}° �`.'' .w2, �yy� 'r ` .2m•n :. n t , 0 '00 . E Porch P See Note (a) Stoop P See Note (a) Lightcourt P See Note (a) Dooryard P See Note (a) Forecourt P See Note (a) Shopfront P P Gallery — P Arcade — P Lobby — P Notes: (a) Permitted only for exterior building walls fronting one or more existing single-family home. D. Residential Transitions 1. Required frontage types. The portion of a building facing and located across a street from one or more detached single family home shall feature either a porch or a stoop frontage type. 2. Distinct volumes. Frontages as required by Subsection (1) above shall read as a series of distinct volumes, each no greater than 50 feet in width. Variation in building color, breaks in the horizontal plane, architectural detailing, and other similar methods may be used to comply with this requirement. Unarticulated facades are not permitted. E. Frontage Type Standards Frontage types shall comply with the following standards. 1. Porch. a. Porch defined. A porch is a covered but unenclosed projection from the front wall of a structure generally surrounding the main entry to a dwelling unit. b. Dimensions. A porch shall comply with the following dimension standards: i. Depth: 8 feet minimum ii. Width: 12 feet minimum iii. Height: 8 feet minimum from finished floor to ceiling c. Maximum elevation. The elevation of a porch floor shall not exceed 4 feet from adjacent grade. d_ Maximum fence height. The height of a fence located at the front sidewalk shall not exceed 48 inches from adjacent grade. Ordinance No. 2011-2362 70 Amending Title 18 — Land Use Code e. Open sides required. Full or partial enclosure of porches greater than 42 inches in height is prohibited. Porch and Fence Standards: Section View Porch and Fence Standards: Plan View Ordinance No. 2011-2362 71 Amending Title 18 — Land Use Code 2. Stoop. a. Stoop defined. A stoop is an uncovered unenclosed elevated platform projecting from the front wall of a structure providing access to the ground level of a building. b. Dimensions. A stoop shall comply with the following dimension standards: i. Depth: 6 feet minimum ii. Width: 4 feet minimum c_ Maximum elevation. The elevation of a stoop floor shall not exceed 6 feet from adjacent grade. d. Maximum fence, handrail, or wall height. The height of a fence, handrail, or wall surrounding a stoop shall not exceed 42 inches as measured from the stoop floor. e. Open sides required. Full or partial enclosure of stoops greater than 42 inches in height is prohibited. Stoop Standards: Section View Stoop Standards: Plan View Ordinance No. 2011-2362 72 Amending Title 18 — Land Use Code 3. Lightcourt. a. Lightcourt defined. A Lightcourt is a sunken front yard area that buffers residential uses from adjacent sidewalks. b. Maximum depth. The lower level of a building accessed by a Lightcourt shall be no more than six feet L:elow adjacent grade. c. Maximum stoop elevation. The maximum elevation of the stoop portion of a Lightcourt shall not exceed six feet from adjacent grade. Lightcourt Standards: Section View 6'ft. max. Lightcourt Standards: Plan View Ordinance No. 2011-2362 73 Amending Title 18 — Land Use Code 4. Dooryard. a. Dooryard defined. A dooryard is a garden or terrace in the front yard area elevated from the adjacent sidewalk. b. Maximum garden or terrace elevation. The maximum elevation of an elevated garden or terrace shall be three feet from adjacent grade. c. Open sides required. Full enclosure of an elevated garden or terrace is prohibited. Dooryard Standards: Section View Dooryard Standards: Plan View Ordinance No. 2011-2362 74 Amending Title 18 — Land Use Code 5. Forecourt. a. Forecourt defined. A forecourt is an open area partially surrounded by building walls that opens to a public sidewalk. b. Minimum dimensions. The area of a forecourt surrounded by building walls shall comply with the following dimension standards: i. Depth: 6 feet minimum ii. Width: 20 feet minimum, 50 feet maximum c. Maximum elevation. The elevation of a forecourt floor shall not exceed six feet from adjacent grade. d. Minimum transparency. The minimum area of a forecourt's street -facing walls consisting of transparent windows shall be 40 percent for residential uses and 60 percent for commercial uses. Forecourt Standards: Section View Forecourt Standards: Plan View Ordinance No. 2011-23G2 75 Amending Title 18 — Land Use Code 6. Shopfront. a. Shopfront defined. A shopfront is a building facade that consists primarily of transparent glass with access to a commercial space located at street level. b. Minimum transparency, ground floor. A minimum of 65 percent of the street -facing walls of a ground floor shopfront shall consist of transparent windows or doors with views into the building c. Minimum transparency, upper floors. A minimum of 40 percent of the streety-facing walls of upper floors shall consist of transparent windows or doors. d. Ground floor doors. A minimum of 80 percent of the area of any door providing access to ground floor commercial uses shall consist of transparent glass. e. Upper floor window proportions. Facade openings and windows on upper stories shall be vertically proportioned, with a greater height than width. The height -width ratio of windows and openings shall be no Tess than 1.5:1 _ f. Ground and upper floor windows. The percentage of building facade consisting of windows shall be greater on the ground floor than on upper floors. g. Awning and canopy dimensions. An awning or canopy attached to the exterior of a shopfront shall comply with the following dimension standards. i. Maximum projection from building wall: 8 feet, or two-thirds of the sidewalk width, whichever is greater. ii. Minimum 8 feet clearance above sidewalk. h. Awning and canopy location. Awnings and canopies may be permitted along storefronts and doors only. i. Doors and windows. Doors and windows shall not open or project into the public right-of-way. Shopfront Standards: Section View 8'ft. min_ 8 ft. or 28 of the sidewalk width, whichever is greater Shopfront Standards: Plan View 8 ft.or 2f3 of the sidewalk width. whichever is greater Ordinance No. 2011-2362 76 Amending Title 18 — Land Use Code 7. Gallery a. Gallery defined. A gallery is a storefront with a covered walkway supported by columns or arches that may project over a sidewalk or walkway. b. Minimum transparency. A minimum of 60 percent of the primary frontage of a gallery shall consist of transparent windows or doors with views into the building. c. Minimum dimensions. A gallery shall comply with the following minimum dimension standards: i. Minimum dimensions of 12 feet wide, 6 feet deep, and 10 feet high ii. Maximum 3 feet distance between curb face and edge of gallery column or arch. d. Doors and windows. Doors and windows shall not open or project into the public right-of- way. Gallery Standards: Section View Gallery Standards: Plan View Ordinance No. 2011-2362 77 Amending Title 18 — Land Use Code 8. Arcade a. Arcade defined. An arcade is a shopfront with a habitable upper story that projects over a sidewalk supported by columns or arches. b. Minimum transparency, ground floor. A minimum of 60 percent of the street -facing ground floor frontage of an arcade shall consist of transparent windows or doors with views into the building. c. Minimum transparency, upper floors. A minimum of 40 percent of the upper floors of the street - facing frontage of an arcade shall consist of transparent windows or doors_ d. Minimum dimensions. An arcade shall comply with the following minimum dimension standards: i. Minimum dimensions of 12 ft. wide, 10 ft. deep, and 10 ft. high ii. Maximum 3 ft. distance between curb face and edge of arcade e. Doors and windows. Doors and windows shall not open or project into the public right-of-way Arcade Standards: Section View Arcade Standards: Plan View Ordinance No. 2011-2362 78 Amending Title 18 — Land Use Code 9. Lobby. a. Lobby defined. A lobby is a building facade that includes transparent glass with access to a lobby space located at street level. b. Minimum transparency. The minimum area of a lobby's street -facing walls consisting of transparent windows shall be 40 percent for residential uses and 60 percent for commercial uses. c. Maximum elevation. The elevation of a lobby floor shall not exceed three feet from adjacent grade. d. Entrances. Entrance may be inset or flush with building facade e. Doors and windows. Doors and windows shall not open or project into the public right-of-way. Lobby Standards: Section View Lobby Standards: Section View Ordnance No. 2011-2362 79 Amending Title 18 — Land Use Code F. Commercial Service Location and Screening 1. Service activities associated with commercial uses shall be setback a minimum of 15 feet from any property line abutting a parcel occupied by a detached single family home. 2. Outdoor storage, trash collection, and loading areas shall located and screened from view such that they are not visible from any parcel occupied by a detached single family home. G. Noise Generating Activities Outdoor dining, amplified music, and other noise -generating activities as determined by the Director shall be setback a minimum of 150 feet from the property line of any parcel occupied by a detached single- family home. 18.24.080 PARKING REQUIREMENTS A. Purpose This section establishes parking standards that apply to the mixed -use zones. B. Required On -Site Parking All land uses within the mixed -use zones shall provide on -site parking as shown in Table 18.24.080A (Required On -Site Parking). TABLE 18.24.080A Required On -Site Parking „� � ,�-'." t „��� s;� �, ,��`.i•� r'c• �% � �"a -'* a .+ triimum �`? ,ta'w,'`�j,-�`w , A T. _._ .r ximurn_' Non -Residential MXD-1 and MXD-2 zones None 4 spaces per 1,000 sq. ff. MXC-1 and MXC-2 zones None 3 spaces per 1,000 sq. ff. Residential Studio, 1 Bedroom, and 2 Bedroom Units 0.5 space 1.5 spaces 3 Bedroom (or more) Units 0.5 space 2 spaces C. Parking Structures All multi -story parking structures shall be lined with commercial, retail or residential uses on the ground floor at street frontages, except for the pedestrian and vehicular entries into the parking structure. D. Parking Buffers 1. Surface parking lots abutting a public sidewalk or street shall provide a landscaped buffer a minimum of two feet in width and three feet in height along the perimeter of the parking lot abutting the sidewalk or street. 2. A landscaped buffer at least three feet in width and six feet in height shall be provided for any surface parking lot abutting a residential zone. Ordinance No. 2011-2362 80 Amending Title 18 — Land Use Code Landscaped Parking Buffer Standards E. Residential Zone Parking Costs Street 1. The payment of parking costs shall be separate from rent payments or purchase prices for all uses located within the mixed -use zones. 2. All places of employment within the mixed -use zone shall offer a parking cash -out program that allows employees to receive either owner -subsidized free parking or a cash payment equal to the value of the parking subsidy. F. Alley Access For new development on property adjacent to a rear alley, vehicle and service access to the property shall be provided only through the rear alley. G. Driveways 1. New driveways comply with the following standards. a. Dimensions. Driveways shall comply with the dimension standards shown in Table 18.24.080E (Driveway Dimension Standards). b. Number. No more than one driveway approach shall be provided for every 50 feet of street frontage. c. Proximity. A new curb cut providing access to a driveway from a public street shall be separated a minimum distance of 35 feet from any other curb cut. d. Parking. Parking spaces shall not be located along the sides of a driveway. Ordinance No. 2011-2362 81 Amending Title 18 — Land Use Code 2. The Community Development Director may approve exceptions to the driveway requirements in ALLEY FRONT STREET 8 ft. min. 1.2 ft. max ® 20.ft. min. 25 ft max. Subsection 1 above in the case of shared or joint use of driveways and parking lots. Vehicle Access Standards 18.24.090 CIVIC SPACE STANDARDS A. Purpose This section establishes requirements and standards for civic spaces in the MXD-1 and MXD-2 zones. Civic spaces are areas within neighborhoods where people can gather, interact and enjoy access to recreational and open space amenities. B. Applicability Any commercial or mixed -use redevelopment project on a site 5 acres or greater in the MXD-1 or MXD-2 zones shall include a publically accessible civic space consistent with the standards established in this section. C. Types of Civic Spaces Permitted types of civic spaces in the MXD-1 and MXD-2 zones are greens, squares, plazas, and playgrounds, as defined in Section E (Standards for Specific Types of Civic Spaces), below. Ordinance No. 2011-2362 82 Amending Title 18 — Land Use Code D. General Standards The following standards apply to all civic spaces and new development adjacent to civic spaces. 1. The on -site parking of vehicles within a civic space is prohibited. 2. All areas with playground equipment shall be visible from the street edge. 3. All sides of a civic space shall front either a public street, the primary frontage of a building, or a natural physical barrier such as a hillside or creek. 4. All building walls fronting a civic space shall feature a frontage type permitted within the applicable zone as specified in Section 18.24.070 (Building Frontage Standards). 5. Quasi -public activities, such as outdoor seating serving a restaurant, are permitted to occupy no more than 25 percent of the area of a civic space. 6. Civic spaces shall be designed and located so as to be clearly visible from one or more public streets. 7. All civic spaces shall front onto a public street for a minimum distance of 50 feet. E. Standards for Specific Types of Civic Spaces Specific types of civic spaces within the MXD-1 and MXD-2 zones, when required by Subsection B (Applicability) above, shall comply with the following standards. 1. Green. A green shall comply with the following standards. a. The size of all greens shall be a minimum of 0.5 acres and a maximum of 5 acres. b. All greens shall front on a minimum of one public street. c. Permitted improvements include playgrounds, ball parks, picnic shelters, benches, pergolas, bandstands and other similar improvements. d. Landscape within parks shall feature lawns generally unobstructed with limited trees naturalistically arranged and a maximum 50 percent irrigated turf. e. Hardscape within greens shall be limited to the minimum needed for circulation and amenities. f. No more than 10 percent of a green shall be covered with impervious surfaces. 2. Square. A square shall comply with the following standards. a. The size of all squares shall be a minimum of 0.5 acres and a maximum of 3 acres. b. All squares shall front on a minimum of three public streets. c. Permitted improvements within squares include paths, benches, pergolas, public art, fountains, gazebos, bandstands, small structures such as kiosks and restrooms and other similar improvements. d. Landscape within squares shall include lawns and trees formally arranged and a maximum 10 percent irrigated turf. e. Hardscape within squares shall feature pathways and amenities formally arranged around a central point of interest. No more than 25 percent of a green shall be covered with impervious surfaces. 3. Plaza. A plaza shall comply with the following standards. Green - Plan Illustration Square - Plan illustration Ordinance No_ 2011-2362 83 Amending Title 18 — Land Use Code a. The size of all squares shall be a minimum of 0.25 acres and a maximum of two acres. b. All plazas shall front on a minimum of one public street. c. Permitted improvements within plazas include paths, benches, planters, seatwalls, fountains, gazebos, pergolas, bandstands, small structures such as kiosks and restrooms, and other similar improvements. d. Landscape within plazas shall be primarily pavement, trees formally arranged and a maximum ten percent irrigated turf. e. Hardscape within plazas shall feature pavement with distinctive materials and pattern. No more than 25 percent of a plaza shall be covered with impervious surfaces. 4. Playground. A playground shall comply with the following standards. a. The size of all playgrounds shall be a minimum of 0.1 acres and a maximum of one acre. b. All playgrounds shall front a minimum of one public street. c. Permitted improvements include paths, benches, shade structures, playground equipment, drinking fountains, restroom facilities, fences as required and other similar improvements. d. Adventure play or creative playgrounds are permitted. e. Landscape within playgrounds shall be accessible softscape, trees arranged for shading of play area and benches, and a maximum ten percent irrigated turf. f. Hardscape within playground shall be the minimum needed for circulation and play opportunities. No more than 25 percent of a playground shall be covered with impervious surfaces. Plaza - Plan Illustration Playground - Plan Illustration Ordinance No. 2011-2362 84 Amending Title 18 — Land Use Code CHAPTER 18-25 — INDUSTRIAL ZONES 18.25.010 Purpose 18.25.020 Allowed Land Uses and Permit Requirements 18.25.030 Accessory Uses 18.25.040 General Development Standards 18.25.050 Uses to be Adequately Housed in Completely Enclosed Buildings 18.25.010 PURPOSE This section lists the land uses allowed within the industrial zones and provides basic standards for site layout ,.rid building use. The purposes of the individual industrial zoning districts and the manner in which they are applied are as follows: A. Light Industrial (IL) The IL Light Industrial zone is intended to accommodate warehousing operations, storage, office, and research and development facilities and establishments engaged in the manufacturing, assembling, packaging, treatment and processing of products other than those that which may be obnoxious or offensive to adjacent residential and business districts due to reason of odor, dust, smoke, gas, noise, vibration or other nuisances. B. Medium Industrial (IM) The IM Medium Industrial zone is designed to provide for the development of medium manufacturing and industrial uses that operate without excessive noise, dust, odor or other nuisances and yet may be objectionable to other non -industrial uses. C. Heavy Industrial (IH) The IH Heavy Industrial zone is intended to provide for manufacturing facilities and industries that may be obnoxious by reason of emission of odor, dust, smoke, gas, noise, vibration or similar causes and therefore require isolation from many other kinds of land uses. 18.25.020 ALLOWED LAND USES AND PERMIT REQUIREMENTS Table 18.25.020 identifies the uses of land allowed in each Industrial zone. Ordinance No. 2011-2362 85 Amending Title 18 — Land Use Code TABLE 18.25.020 Allowed Land Uses Industrial Zones „ `4 4 y a x d t F.ry z ^z F "•• 6 r Land ihwtv�Alra Sri Zot�.e u"c� x �1+"F w •-n VpecIOC`UYe- Regul0ons Animal boarding/kennel, small C C C Assembly and light manufacturing/processing P P P Automotive impound and storage yards C C C Section 18.30.040 Auto towing dispatch (accessory to service station) P P -- Building supplies and equipment, sales and rental P P P Cemetery/mausoleum/crematory -- C C Commercial recreation, indoor C -- Eating places, dine -in (accessory) P P P Emergency shelter P -- -- Section 18.30.110 Gasoline service station C C -- Section 18.30.190 Goods and services, retail sales (accessory) P P P Heavy manufacturing/processing — -- C Industrial equipment/machinery, sales and rentals P P P Medium manufacturing/processing -- P P Offices (accessory) P P P Offices P M M Open space reserves P P P Outdoor storage C C C Section 18.30.160 Pawn shops C -- -- Section 18.30.330 Payday lenders C -- -- Section 18.30.320 Plant nursery P P C Parking, structure/ fleet P P P Personal storage facilities (mini -warehouses) P P -- Public assembly C -- -- Public safety facilities P P P Recycling facilities, small (accessory) P P -- Section 18.30.170 Recycling facilities, mobile C C -- Section 18.30.170 Renewable energy infrastructure (accessory) P P P Section 18.30.210/ 18.30.300; Califomia Building Code Renewable energy infrastructure P P P Section 18.30.210/ 18.30.300; California Building Code Research and development P P P Scrap metal processing -- -- C Section 18.30.180 Sixty day storage of wrecked vehicles P P P Storage facility, self (mini -warehouses) P P P Tattoo parlors and body piercing establishments C -- -- Section 18.30.310 Telecommunication facilities, commercial C C C Section 18.30.220 Trade schools P C C Trucking and transportation terminal -- C P Urban agriculture C -- -- Section 18.30.240 Utility facilities, minor P P P Utility facilities, major P P P Veterinary hospitals and clinics M M -- Section 18.30.250 Waterfront related industries P P P Wholesaling, warehousing, and distribution P P P P Permitted C Conditional Use Permit M Minor Use Permit (Ministerial) -- Not permitted Ordinance No. 2011-2362 86 Amending Title 18 — Land Use Code 18.25.030 ACCESSORY USES Accessory uses and the conditions of their use are set out in subsections A through C below. A. Storage Buildings and Garages Storage buildings and garages incidental to principal uses on the same premises are permitted. B. Sale of Gasoline The sale of gasoline may be permitted as an accessory use in any zone where gasoline service stations are permitted, subject to the issuance of a conditional use permit. C. Auctions Auctions, in conjunction with used furniture or antique sales, may be permitted subject to the issuance of a conditional use permit. 18.25.040 GENERAL DEVELOPMENT STANDARDS TABLE 18.25.040 Development Standards Industrial Zones `Dev and �. ? ,: Zo {��{- , C .� 1 SsFMM s .ffi�?'. +. M Minimum Lot Area 5,000 sq. ft. (a) 5,000 sq. ft_ (a) 5,000 sq. ft. Minimum Street Frontage 50' (b) 50' (b) 50' Minimum Setbacks Street Other When adjacent to a residential zone, 20' from the adjacent zone boundary 10' 10' 10' 0' 0' 0' Maximum Height 35' and 3 stories 60' and 4 stories 60' and 4 stories When adjacent to a residen ial zone, the maximum height shall not exceed the maximum height in the adjacent zone within 100-feet of the adjacent zone boundary. Architectural features and mechanical equipment may exceed the maximum height by an additional 10 ft. Maximum Floor Area Ratio 2 2 2 Maximum Lot Coverage 60% 80% 80% Notes: (a) Automobile service stations shall have a minimum lot area of 15,000 square feet. (b) Automobile service stations shall have a minimum street frontage of 100 feet. 18.25.050 USES TO BE ADEQUATELY HOUSED IN COMPLETELY ENCLOSED BUILDINGS All uses in the Industrial zones shall be housed in completely enclosed buildings; provided, however, that businesses such as lumber yards, building material yards, gas stations, recycling facilities, metal processing yards, vehicle storage, storage lots, and similar uses that customarily include outdoor use, may be permitted outside of a completely enclosed building when screened from public view. Ordinance No. 2011-2362 87 Amending Title 18 — Land Use Code CHAPTER 18-26 — INSTITUTIONAL ZONE 18.26.010 Purpose 16.26.020 Allowed Land Uses and Permit Requirements 18.26.030 General Development Standards 18.26.010 PURPOSE The purpose of the Institutional (I) zone is to provide for a wide range of institutional and accessory uses including public, quasi -public, and private facilities that address health, safety, educational, cultural, and welfare needs of the community and neighborhoods. Allowed uses include educational facilities, government offices and courts, community centers, libraries, museums and cultural centers, hospitals and medical centers, retirement communities, public safety facilities (i.e., fire and police stations), neighborhood gardens and community farms, public utilities, and similar uses. 18.26.020 ALLOWED LAND USES AND PERMIT REQUIREMENTS Table 18.26.020 identifies the uses of land allowed in the institutional zone TABLE 18.26.020 Allowed Land Uses Institutional Zone P1 b1i 't t,l,trea fn ,.,er, I =Pub1i iittes liia i , RetiewabFe fi l€Rasttture (ace s qry egpiret*10/ d r Animal husbandry P [Britt:Wag 6r2& 6tvetgti desiddrhuil(ngessory) M Section 18.30.160 (eoMmausoleum P akiyrteatieatlmrodecifities, 9 Section 18 30 220 014421pflatiAlnal community and P btrttanitOmtiittltae P Section 18.30.240 '"o1310 0 1 recreation, indoor -acrSeragg14it ise Permit P clof7tii it4rHllArt I104/t fl / hospicpermitted P Detention facility C Dormitory (accessory to school) C Farmers' markets C Fratemity or sorority house C Government offices P Guidance/social assistance services P HeliporUhelistop (accessory to hospital) C Hospital P Maintenance buildings/ yards C Medical offices / clinics and laboratories P Military installations P Open space reserves P Parking, structure/ fleet P Parks (passive and active recreation) P Private/public educational institutions, schools P Public assembly C Public safety facilities Ordinance No.2011-2362 88 Amending Title 18 — Land Use Code 18.26.030 GENERAL DEVELOPMENT STANDARDS Design regulations for the Institutional zone are set out in Division 4, unless specified in this Chapter. TABLE 18.26.030 Development Standards Institutional Zone a , _ . ter e � � c { ° �, a s3' . t r er , g _ _ d Hear r �l�btl f1 bite � P f10 Park .. imu �La.A Lott► rea r �t 1 Ing. et � -t h Lg I 10' 0' (a) 0' (a) 5' 5' 5,000SF 65' and 5 stories (b) 3.0 Notes: (a) Or, when adjacent to a residential zone, the interior side or rear yard setback shall be the same as the interior side or rear year setback required in the residential zone. (b) When adjacent to a residential zone, the maximum height shall not exceed the maximum height in the adjacent zone within 100-feet of the adjacent zone boundary. Ordinance No. 2011-2362 89 Amending Title 18 — Land Use Code CHAPTER 18-27 — OPEN SPACE ZONE 18.27.010 Purpose 18.27.020 Allowed Land Uses and Permit Requirements 18.27.030 General Development Standards 18.27.010 PURPOSE The purpose of the Open Space (OS) zone is to provide for public and private improved and unimproved open space. Allowed land uses include urban agriculture and recreational areas such as parks, golf courses, athletic fields, playgrounds, community gardens and farms, recreational trails, nature and wildlife preserves, marshes and wetlands, water bodies, public utility areas, flood control channels, and other scenic and open space areas. 18.27.020 ALLOWED LAND USES AND STRUCTURES AND PERMIT REQUIREMENTS Table 18.27.020 identifies the uses of land allowed in the open space zone TABLE 18.27.020 Allowed Land Uses and Permit Requirements Open Space Zone i C y Lal d Use erms �Requ S dlc e equlationsx Aquaculture P Wildlife reserves or sanctuaries P Bay access P Bikeways, paths, and trails P Civic, cultural, fratemal, and community facilities P Freeway rights -of -way P Golf course/driving range P Nature center P Open space reserves (land and water) P Parks (active and passive recreation) P Picnic areas P Playgrounds P Public recreation P Public utilities, minor P Railroad rights -of -way P Renewable energy infrastructure (accessory) P Section 18.30.210/18.30.300; California Building Code Telecommunication facilities, commercial C Section 18.30.220 Urban Agriculture P Section 18.30.240 P Permitted C Conditional Use Permit M Minor Use Permit (Ministerial) -- Not permitted 18.27.030 GENERAL DEVELOPMENT STANDARDS The maximum FAR in the open space zone is 0.25 and the maximum height limit is 35'. Ordinance No. 2011-2362 42 Amending Title 18 — Land Use Code CHAPTER 18-28 — OPEN SPACE RESERVE ZONE 18.28.010 Purpose 18.28.020 Allowed Land Uses and Permit Requirements 18.28.010 PURPOSE The intent of the open space reserve zone is to provide a use category to preserve and protect public and private open space lands, salt marsh and coastal wetlands, water areas, uninhabited agricultural lands, flood control channels, and other scenic or biological open space areas by restricting development in such areas. 18.28.020 ALLOWED LAND USES AND PERMIT REQUIREMENTS Table 18.28.020 identifies the uses of land allowed in the open space reserve zone. TABLE 18.28.020 Allowed Land Uses and Permit Requirements Open Space Reserve Zone �a 1 s P fie 't R #tom e: ia� p Aquaculture P Wildlife reserves or sanctuaries P Bay access P Bikeways, paths, and trails P Open space reserves (land and water) P Public utilities, minor P P Permitted Ordinance No. 2011-2362 43 Amending Title 18 — Land Use Code CHAPTER 18-29 — OVERLAY ZONES 18.29.010 Purpose 18.29.020 Overlay Zone Designations 16.29.030 Coastal Zone (CZ) 16.29.040 Height Limit Restrictions Overlay Zone (H) 18.29.050 Mobile Home Park Overlay Zone (MHP) 13.29.070 Floodway (-FW), Floodway Fringe (-FF-1), and Floodway Fringe -Shallow Flooding (-FF-2) Zones 18.29.010 PURPOSE The purpose of overlay zones is to provide supplemental regulations that have been tailored to specific geographic areas of the City. Overlay zones are applied in conjunction with a base zone and modify or add to the regulations of the base zone to address specific issues such as development within the Coastal Zone, special height restrictions, or supplemental processing requirements. 18.29.020 OVERLAY ZONE DESIGNATIONS Overlay zones are designated on the Zoning Map as indicated below: A. Coastal Zone (CZ) The Coastal Zone designates all properties located within the coastal zone subject to the development standards and specific requirements of the Local Coastal Plan. B. Height Restriction (H) The Height Limit Restriction Overlay Zone places a restriction on allowable building height, lower than otherwise permitted by the City's development regulations. C. Mobile Home Park (MHP) The Mobile Home Park Overlay Zone identifies where mobile home parks are permitted in the City and establishes standards for the development of new mobile home parks and the preservation of existing mobile home parks. 18.29.030 COASTAL ZONE (CZ) A. Purpose The intent and purpose of the coastal zone is to identify and give notice that properties within this zone are affected by the City's local coastal program. The purpose of the Coastal Overlay Zone is to protect and enhance the quality of public access and coastal resources. B. Applicability When any property bears on the zoning map of the City, in addition to its zone designation, the symbol CZ, the provisions of this chapter shall apply. C. Regulations In addition to meeting the requirements of the underlying zone, any use on a property bearing the symbol CZ on the zoning map must in addition meet the provisions of the City's local coastal program. Ordinance No. 2011-2362 44 Amending Title 18 — Land Use Code 18.29.050 HEIGHT LIMIT RESTRICTION OVERLAY ZONE (H) A. Applicability Whenever any property bears, on the zoning map of the City, in addition to its zone designation, the symbol "H" followed by a numerical figure, the provisions of this chapter shall apply insofar as height limitations for any buildings or structures located, or to be located, upon such property are concerned. B. Formula No building or structure shall be erected upon any property in any zone, which property bears on the zoning map the symbol "H" together with a numerical figure following, exceeding a building height, of a distance measured in feet, equal to the numerical figure following the symbol "H." 18.29.060 MOBILE HOME PARK OVERLAY ZONE (MHP) A. Purpose The purpose of the MHP overlay zone is to provide for appropriate locations for mobile home parks to be established, maintained, and protected. This overlay zone provides for a greater range and choice of housing types, recognizes the potential for higher standards offered by mobile home design and technology, and is intended to create attractive mobile home parks that will preserve and enhance the character of surrounding areas. This zone also sets forth procedures for the conversion of an existing mobile home park to another use and is intended to minimize the adverse impacts of displacing mobile home park tenants whenever an existing mobile home park or portion thereof is converted to another use. B. Applicability When any property bears on the zoning map of the City, in addition to its zone designation, the symbol MHP, the provisions of this section shall apply. C. Permitted Uses 1. New mobile home parks are subject to conditional use permit approval. 2. Accessory structures limited to awnings, cabanas, storage cabinets, renewable energy infrastructure, fences or windbreaks, carports, garages, and porches are permitted. 3. Accessory uses such as recreational facilities, parks and open space, playgrounds, clubhouses, laundries, community centers, and similar uses are permitted; provided, that such uses are designed for and limited to use by residents of the mobile home park and their guests and that such uses are not authorized on the individual mobile home lots within the mobile home park. 4. Minor utility facilities are permitted; major utility facilities require conditional use permit approval- 5. Home occupations are permitted subject to the approval of a home occupation permit pursuant to Section 18.12.090. 6. Small family day care homes are permitted subject to Section 18.30.080. 7. Large family day care homes are permitted subject to the approval of a minor use permit and provided they comply with Section 18.30.080. D. Development Standards 1. Mobile home parks shall comply with the maximum density of the applicable general plan designation and underlying zone and all other development standards of the underlying zone (unless otherwise constrained by Section 18000 et. seq. of the Health and Safety Code) with the exception of the following: a. The front yard setback shall be a minimum of 25 feet. b. The interior side yard setback shall be a minimum of ten feet. Ordinance No. 2011-2362 45 Amending Title 18 — Land Use Code 2. When located on a lot adjoining another residential use, mobile home parks shall be permanently screened from such adjoining property by a fence or wall and suitable landscaping, adjacent to or opposite the other residential use. E_ Discontinuance Procedures 1. The application for discontinuance of a mobile home park shall be accompanied by: a. A relocation plan to provide for the tenants who will be displaced by the discontinuance of the property as a mobile home park or the conversion of mobile home spaces to other uses. b. A phasing plan indicating the timing and manner in which the existing mobile home units will be discontinued. 18.29.070 FLOODWAY (-FW), FLOODWAY FRINGE (-FF-1), AND FLOODWAY FRINGE - SHALLOW FLOODING (-FF-2) ZONES A - STATEMENT OF PURPOSE. It is the purpose of this chapter to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: 1. Protect human life and health; 2. Minimize expenditure of public money for costly flood control projects; 3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; 4. Minimize prolonged business interruptions; 5. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard; 6. Help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas; 7. Ensure that potential buyers are notified that property is in an area of special flood hazard; and 8. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. B - METHODS OF REDUCING FLOOD LOSSES. In order to accomplish its purposes, this chapter includes methods and provisions to: 1. Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities; 2. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; 3. Control the alteration of natural floodplains, stream channels and natural protective barriers, which help accommodate or channel floodwaters; 4. Control filling, grading, dredging, and other development which may increase flood damage; and 5. Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas. C - WARNING AND DISCLAIMER OF LIABILITY. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city, any officer or employee thereof, the state of California or the Federal Insurance Administration, Federal Emergency Management Agency for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. Ordinance No. 2011-2362 46 Amending Title 18 — Land Use Code D - ABROGATION AND GREATER RESTRICTIONS. This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and another chapter, easement, covenant or deed restrictions conflict or overlap, whichever imposes the more stringent restriction shall prevail. E - DEFINITIONS. Unless specifically defined below, or in this Title, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. 1. "Accessory use" means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located. 2. "Adversely affects" means, for purposes of this chapter, that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot at any point. 3. "Alluvial fan" means a geomorphologic feature characterized by a cone- or fan -shaped deposit of boulders, gravel, and fine sediments that have been eroded from slopes, transported by flood flows, and then deposited on the valley floor, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration. 4. "Apex' means the point of highest elevation on an alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the slope. 5. "Appeal" means a request for a review of the ffoodplain administrator's interpretation of any provision of this chapter. 6_ "Area of shallow flooding" means a designated AO or AH zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and, velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. 7_ "Area of special flood hazard" —see "Special flood hazard area." 8. "Base flood" means a flood which has a one percent chance of being equaled or exceeded in any given year (also called the "one hundred year flood"). Base Hood is the term used throughout this chapter. 9. "Basement" means any area of the building having its floor subgrade—i.e., below ground level —on all sides, 10. "Building" —see "Structure." 11. "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials. 12. "Encroachment" means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a ffoodplain which may impede or alter the flow capacity of a ffoodplain. 13. "Exception" means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter. 14. "Existing manufactured home/mobile home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes/mobile homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of this chapter. 15. "Expansion to an existing manufactured home/mobile home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes/mobile homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or pouring of concrete pads) 16. "Flood, flooding or floodwater" means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters, and/or the unusual and rapid accumulation or runoff of surface waters from any source. Ordinance No. 2011-2362 47 Amending Title 18 — Land Use Code 17. "Flood Boundary and Floodway Map (FBFM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway. 18. "Flood Hazard Boundary Map" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated the areas of flood hazards. 19. "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Emergency Management Agency or the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. 20. "Flood Insurance Study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood. 21. "Floodplain or flood -prone area" means any land area susceptible to being inundated by water from any source —see "Flooding." 22. "Floodplain administrator" means the individual appointed to administer and enforce the floodplain management regulations. This individual shall be the city engineer of the city. 23. "Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans. 24. "Floodplain management regulations" means this chapter and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other applications of police power which control development in flood -prone areas. The term describes federal, state or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage. 25. "Floodproofing" means any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. 26. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "regulatory floodway." 27. "Floodway encroachment lines" means the lines marking the limits of floodways on federal, state and local floodplain maps. 28. "Floodway fringe" means that area of the floodplain on either side of the "regulatory floodway" where encroachment may be permitted. 29. "Fraud and victimization," as related to Section 18.30.260 (Conditions for exceptions) of this chapter, means that the exception granted must not cause fraud on or victimization of the public. In examining this requirement, the planning commission will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty to one hundred years. Buildings that are permitted to be constructed below the base flood elevation are subject, during all those years, to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates. 30. "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only clocking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities. 31. "Habitable floor" means any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a "habitable floor." 32. "Hardship," as related to Section 18.30.260 (Conditions for exceptions) of this chapter, means the unusual hardship that would result from a failure to grant the requested exception. The planning commission requires that the exception be unusual and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting Ordinance No. 2011-2362 48 Amending Title 18 — Land Use Code an exception, even if the alternative is more expensive, or requires the property owner to build elsewhere or ,x;t to a different use than originally intended. 33. "I iq„wsi adjacent grade' means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. 34. "lii,, : ii structure" means any structure that is: a. Listen individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; b. Certifi ':1 or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a rep; =tered historic district; c. lea; s :1,111v listed on a state inventory of historic places in states with historic preservation programs which li.we been approved by the Secretary of Interior; or d. Individually listed on a local inventory of historic places in communities with historic preservation program.: oat have been certified either by an approved state program as determined by the Secretary of the 1ntc:;,;; or directly by the Secretary of the Interior in states with approved programs. 35. "Levee" means a man-made structure, usually an earthen embankment, designed and constructed in accords ec with sound engineering practices to contain, control or divert the flow of water so as to provine ;iection from temporary flooding. 36. "I.: ,;,e;;; system" means a flood protection system which consists of a levee, or levees, and associated structures, each as closure -and drainage devices, which are constructed and operated in accord with sound engineering practices. 37. "Lowest floor" means the lowest floor of the lowest enclosed area, including basement. An unfinished or flood uo istant enclosure, usable solely for parking of vehicles, building access or storage in an area other tha; r a basement area (see "Basement") is not considered a building's lowest floor, provided that such enc sure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this title. (Note: This definition allows attached garages to be built at grade. Below grade garages ;re not allowed as they are considered to be basements) 38. 'Maliutactured home" or "mobile home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include "recreational vehicles" =;r "travel trailers." 39. "Man.;actured home/mobile home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent. 40. "Mears sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a communii/3 Flood Insurance Rate Map are referenced. 41. "New :;nstruction" for floodplain management purposes means structures for which the "start of construci,:.ra" commenced on or after the effective date of floodplain management practices adopted by this community, and includes any subsequent improvements to such structures. 42. "New manufactured home/mobile home park or subdivision" means a manufactured home/mobile home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes/mobile homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the ordinance codified in this chapter. 43. "Obsiruction" means and includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, or along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream. 44. "One hundred year flood" —see "Base flood." 45. "Principal structure" means a structure used for the principal use of the property as distinguished from an accessory use. 46. "Public safety and nuisance," as related to Section 18.30.260 of this chapter, means that the granting of an exception must not result in anything which is injurious to the safety or health of an entire Ordinance No. 2011-2362 49 Amending Title 18 — Land Use Code community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal or basin. 47. "Recreational vehicle" means a vehicle which is: a. Built on a single chassis; b. Four hundred square feet or less when measured at the largest horizontal projection; c. Designed to be self-propelled or permanently towable by a light -duty truck; and d. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. 48. "Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. 49. "Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. 50. "Sheet flow" —see "Area of shallow flooding." 51. "Special flood hazard area (SFHA)" means an area having special flood or flood -related erosion hazards, and shown on a FBHM or FIRM as Zone A, AO, A1—A30, AE, A99 and AH. 52. "Start of construction" means and includes substantial improvement and other proposed new development, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty days from the date of the permit. The actual start means either the first placement of permanent construction of a structure (other than a manufactured home) on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor,, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. For a structure (other than a mobile home) without a basement or poured footings, the "start of construction" includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For mobile homes not within a mobile home park or mobile home subdivisions, "start of construction" means the affixing of the mobile home to its permanent site. For mobile homes within mobile home parks or mobile home subdivisions, "start of construction" is the date on which the construction of facilities for servicing the site on which the mobile home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is completed. 53. "Structure" means a walled and roofed building that is principally aboveground. This includes a gas or liquid storage tank or manufactured/mobile home. 54. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent of the market value of the structure before the damage occurred. 55. "Substantial improvement" means any reconstruction, rehabilitation, addition or other proposed new development of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual work performed. The term does not, however, include either: a. Any project for improvement of a structure to correct violations or to comply with state or local health, sanitary, or safety code specifications which have been identified by a local code conformance official and which are solely necessary to assure safe living conditions; or b. Any alteration of a "historic structure" provided that the alteration will not preclude the structure's continued designation as a "historic structure." 56. "Violation" means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided. Ordinance No. 2011-2362 50 Amending Title 18 — Land Use Code 57. 'Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. 58. 'Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. F - LANDS TO WHICH CHAPTER APPLIES. This chapter shall apply to all areas of special flood hazards within the jurisdiction of National City. G - BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD. The areas of special flood hazard as shown on the special flood hazard map as floodway (FW), floodway fringe (FF-1), and floodway fringe -shallow flooding (FF-2) zones and conforming with the areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) for National City dated August 4, 1988, and accompanying Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), dated August 4, 1988, and all subsequent amendments and/or revisions, are adopted by reference and declared to be a part of this chapter. This FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the planning commission by the floodplain administrator. The study, FIRMs and FBFMs are on file at the office of the floodplain administrator at 1243 National City Boulevard, National City, California, 91950. H - COMPLIANCE. No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the city from taking such lawful action as is necessary to prevent or remedy any violation. I - INTERPRETATION. In the interpretation and application of this chapter, all provisions shall be: A. Considered as minimum requirements; B. Liberally construed in favor of the city; and C. Deemed neither to limit nor repeal any other powers granted under state statutes. J - SEVERABILITY. This chapter and the various parts thereof are declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid. K - FLOODWAY ZONE (FW) ESTABLISHED. There is established, on the special flood hazard map, a designated floodway zone. The FW zone shall be applied to those areas of special flood hazard designated as floodways on the "Flood Boundary and Floodway Map" of the Flood Insurance Study. L - FLOODWAY FRINGE ZONE (FF-1) ESTABLISHED. Ordinance No. 2011-2362 51 Amending Title 18 — Land Use Code There is established, on the special flood hazard map, a designated floodway fringe zone. The FF-1 zone shall be applied to those areas of special flood hazard designated as floodway fringe on the "Flood Boundary and Floodway Map" of the Flood Insurance Study, but excluding areas of shallow flooding designated AO or AH on the Flood Insurance Rate Map (FIRM). M - FLOODWAY FRINGE —SHALLOW FLOODING ZONE (FF-2) ESTABLISHED. There is established, on the special flood hazard map, a designated floodway fringe -shallow flooding zone. The FF-2 zone shall be applied to those areas of special flood hazard designated as floodway fringe on the "Flood Boundary and Floodway Map" of the Flood Insurance Study, and designated as areas of shallow flooding AO or AH on the Flood Insurance Rate Map (FIRM). N - STANDARDS APPLICABLE TO ALL AREAS OF SPECIAL FLOOD HAZARD. In all areas of special flood hazards including the FW, FF-1 and FF-2 zones, the following standards are required: 1. Anchoring. a. All new construction and substantial improvements shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. b. All manufactured/mobile homes shall meet the anchoring standards of Section 18.30.170. 2. Construction Materials and Methods. All new construction and substantial improvements shall be constructed: a. With materials and utility equipment resistant to flood damage; b. Using methods and practices that minimize flood damage; c. With electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and if d. Within Zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures. 3. Elevation and Floodproofing. (See Section 18.30.050 definitions for "new construction," "substantial damage" and "substantial improvement.") a. Residential construction, new or substantial improvement, shall have the lowest floor, including basement: i. In an AO zone, elevated above the highest adjacent grade to a height exceeding the depth number specified in feet on the FIRM by at least one foot, or elevated at least three feet above the highest adjacent grade if no depth number is specified; ii. In an A zone, elevated at least one foot above the base flood elevation, as determined by the city; iii. in all other zones, elevated at least one foot above the base flood elevation. Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional civil engineer or surveyor to be properly elevated. Such certification or verification shall be provided to the floodplain administrator. b. Nonresidential construction shall either be elevated to conform with subsection (C)(1) of this section or together with attendant utility and sanitary facilities: i. Be completely floodproofed below the elevation recommended under subsection (C)(1) of this section so that the structure is watertight with walls substantially impermeable to the passage of water; and ii. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and - iii. Be certified by a registered professional civil engineer that the standards of this subsection (C)(2) of this section are satisfied. Such certification shall be provided to the floodplain administrator. c. All new construction and substantial improvements with fully enclosed areas below the lowest floor (excluding basement) that are usable solely for parking vehicles, building access or storage, and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must exceed the following minimum criteria: i. Be certified by a registered professional civil engineer; or Ordinance No. 2011-2362 52 Amending Title 18 — Land Use Code ii. Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration, Federal Emergency Management Agency; or iii. Have a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one toot at_:ov< ade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. d. Manufactured homes shall also meet the standards in subsection (C)(3) of this section and Section 18.30.170. 4. Storage of Material and Equipment. a. The storage or processing of materials that are, in time of flooding, flammable, explosive, or could be injurious to human, animal or plant life is prohibited. b. Stogy a: r:t other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning. O - STANDARDS FOR UTILITIES. 1. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate: a. Infiltration of floodwaters into the systems; and b. Discharge from the systems into floodwaters. 2. On -site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding. P - STANDARDS FOR SUBDIVISIONS. 1. All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood. 2. All subdivision plans will provide the elevation of proposed structure(s) and pad(s). If the site is filled above the base flood elevation, the final first floor and pad elevations shall be certified by a registered professional civil engineer or surveyor and provided to the floodplain administrator. 3. All subdivision proposals shall be consistent with the need to minimize flood damage. 4. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. 5. All subdivisions shall provide adequate drainage to reduce exposure to flood hazards. Q - STANDARDS FOR MANUFACTURED HOMES/MOBILE HOMES. 1. All manufactured homes that are placed or substantially improved, within Zones A1-30, AH and AE on the Flood Insurance Rate Map, on sites located: a. Outside of a manufactured home park or subdivision; b. In a new manufactured home park or subdivision; c. In an expansion to an existing manufactured home park or subdivision; or d. In an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated at least one foot above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. 2. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-30, AH and AE on the Flood Insurance Rate Map that are not subject to the provisions of subsection A of this section shall be elevated so that either: a. The lowest floor of the manufactured home is at least one foot above the base flood elevation; or b. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six inches in height above grade and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. Ordinance No. 2011-2362 53 Amending Title 18 — Land Use Code 3. All mobile homes/manufactured homes shall be anchored to resist flotation, collapse or lateral movement by providing over -the -top and frame ties to ground anchors. Specific requirements shall be that: a. Over -the -top ties be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations, with mobile homes less than fifty feet long requiring only one additional tie per side; b. Frame ties be provided at each corner of the home with five additional ties per side at intermediate points, with mobile homes less than fifty feet long requiring only four additional ties per side; c. All components of the anchoring system be capable of carrying a force of four thousand eight hundred pounds; and d. Any additions to the mobile home shall be similarly anchored. R - STANDARDS FOR RECREATIONAL VEHICLES. All recreational vehicles placed on sites within Zones A1-30, AH and AE on the community's Flood Insurance Rate Map will either: 1. Be on the site for fewer than one hundred eighty consecutive days; 2. Be fully licensed and ready for highway use —a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or 3. Meet the permit requirements of Section 18.30.200 of this chapter and the elevation and anchoring requirements for manufactured homes in Section 18.30.170A. S - FLOODWAYS (FW). Located within areas of special flood hazard established in Section 18.30.070 are areas designated as floodways to which the following provisions apply: 1. Encroachments, including fill, new construction, manufactured homes, substantial improvements, and other development, shall be prohibited unless certification by a registered professional civil engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. 2. If Section 18.30.190A is satisfied, all new construction, substantial improvements, and other new development shall comply with all other applicable flood hazard reduction provisions of Sections 18.30.140 through 18.30.190 and require approval of a conditional use permit pursuant to Title 18 of the National City Municipal Code. (Ord. 2107 § 1 (part), 1996) T - ESTABLISHMENT OF DEVELOPMENT PERMIT. A development permit shall be obtained concurrently with or before issuance of any building, grading, conditional use, planned development, or planned unit development permit, or site plan approval, and before construction or development begins within any area of special flood hazard established in Section 18.30.070. Application for a development permit shall be on forms furnished by the floodplain administrator and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required: 1. Identify and describe the work to be covered by the permit for which application is made; 2. Describe the land on which the proposed work is to be done by lot, block, tract, house and street address; or similar description that will readily identify and definitely locate the proposed building or work; 3. Indicate the use or occupancy for which the proposed work is intended; 4. Be accompanied by plans and specifications for proposed construction; 5. Be signed by the permittee or his authorized agent who may be required to submit evidence to indicate such authority; 6. Proposed elevation in relation to mean sea level of the lowest floor (including basement) of all structures in AO zone elevation of highest adjacent grade and proposed elevation of lowest floor of all structures; Ordinance No. 2011-2362 54 Amending Title 18 — Land Use Code 7. Proposed elevation in relation to mean sea level to which any structure will be floodproofed, if required in Section i 8.30.140(C)(3); 8. Ali appropriate certifications listed in Section 18.30.220E of this chapter; 9. Description of the extent to which any watercourse will be altered or relocated as a result of the prepoip.ed ovelopment; 10. Give such other information as reasonably may be required by the floodplain administrator, including but not limited to: a. A typical valley cross-section showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross -sectional areas to be corrupted by the proposed development and higher water information, b. Locations and elevations of streets, water supply, sanitary facilities, photographs showing existing land use:, ....... vegetation upstream and downstream, soil types and other pertinent information, c. -.hewing the slope of the bottom of the channel or flow line of the stream; K. Evidence of prior or concurrent approval of any conditional use permit which may be required by Section 18.30.220 for alteration of watercourses. U - DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR. The city engineer is appointed to administer, implement and enforce this chapter by granting or denying development permits in accord with its provisions. V - DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR. The duties of the floodplain administrator shall include, but not be limited to the following: 1. Permit fleview. Review all development permits to determine that: a, Permit requirements of this chapter have been satisfied; b. All other required state and federal permits have been obtained; c. The site is reasonably safe from flooding; and d. The proposed development does not adversely affect the carrying capacity of the areas where base flood elevations have been determined but a floodway has not been designated. 2. Review and Use of any Other Base Flood Data. When base flood elevation data have not been provided in accordance with Section 18.30.070, the floodplain administrator shall obtain, review and reasonably utilize any base flood and floodway elevation data available from a federal or state agency or other source, in order to administer Sections 18.30.140 through 18.30.190, inclusive. Any such information shall be submitted to the city for adoption. 3. Information to be Obtained and Maintained. a. Obtain and record the actual elevation (in relation to mean sea level) of the lowest habitable floor (including basement) of all new or substantially improved structures; b. For all new or substantially improved flood -proofed structures: i. Verify and record the actual elevation (in relation to mean sea level); and ii. Maintain the floodproofing certifications required in subsection (C)(1), (2) and (3) of Section 18.30.140, subsection B of Section 18.30.160, and subsection A of Section 18.30.190; c. Maintain for public inspection all records pertaining to the provisions of this chapter. 4. Conditional Use Permit Required. In alteration or relocation of a watercourse, a conditional use permit shall be required by the planning commission. Such permit shall include the following conditions: a. Notification of adjacent communities and the California Department of Water Resources prior to alteration or relocation; b. Submission of evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency; c. Assurance that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained; d. The new channel shall be completed before the old channel is abandoned. 5. Documentation of Floodplain Development. Obtain and maintain for public inspection and make available as needed the following: a. Certification required by Section 18.30.140(C)(1) (floor elevations); Ordinance No. 2011-2362 55 Amending Title 18 — Land Use Code b. Certification required by Section 18.30.140(C)(2) (elevation or floodproofing of nonresidential structures); c. Certification required by Section 18.30.140(C)(3) (wet floodproofing standard); d. Certification of elevation required by Section 18.30.160B (subdivision standards); e. Certification required by Section 18.30.190A (floodway encroachments). 6. Remedial Action. Take action to remedy violations of this chapter as specified in Section 18.30.080. W - MAP DETERMINATION. The boundaries of the FW, FF-1 and FF-2 zones shall be determined by the scale contained on the special flood hazard map. Where interpretation is needed to the exact location of said boundaries (for example where there appears to be a conflict between a mapped boundary and actual field conditions), the planning commission shall make such determination in accordance with this Title based upon: 1. The recommendation of the floodplain administrator; and 2. A review of the Flood Hazard Boundary Maps adopted by reference and declared to be a part of this chapter; and 3. Technical evidence which may be presented by the applicant. The regulatory flood elevation for the point in question shall be the governing factor in locating the boundary on land. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 18.30.240. X - APPEALS. The planning commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the floodplain administrator in the enforcement or administration of this chapter. Appeals may be filed and shall be processed in the same manner as for site plan review as provided in this Title. Y - EXCEPTIONS. 1. Applications for exceptions from the terms of this chapter shall be submitted and processed in the same manner as conditional use permits, as provided in this Title. 2. In passing upon such applications for exceptions, the planning commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter and the: a. Danger that materials may be swept onto other lands to the injury of others; b. Danger to life and property due to flooding or erosion damage; c. Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner and future property owners; d. Importance of the services provided by the proposed facility to the community; e. Necessity to the facility of a waterfront location where applicable; f. Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; g. Compatibility of the proposed use with existing and anticipated development; h. Relationship of the proposed use to the comprehensive plan and floodplain management program for that area; i. Safety of access to the property in times of flood for ordinary and emergency vehicles; j. Expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site; and k. Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges. 3. Any applicant to whom an exception is granted shall be given written notice over the signature of a community official that: a. The issuance of an exception to construct a structure below the base flood level will result in increased premium rates for flood insurance; and b. Such construction below the base flood level increases risks to life and property. Ordinance No. 2011-2362 56 Amending Title 18 — Land Use Code c. A copy of the notice shall be recorded by the floodplain administrator in the office of the San Diego Count; (:.. rder and shall be recorded in a manner so that it appears in the chain of title of the affected piatcei I.i. 4. The floodplain administrator will maintain a record of all exception actions, including justification for their issuan , and report such exceptions issued in its biennial report submitted to the Federal Insurance Administration, Federal Emergency Management Agency. Z - CONDITIONS FOR EXCEPTIONS. 1. Generally, exceptions may be issued for new construction and substantial improvements and other proposed development to be erected on a lot of one-half acre or less in size contiguous to and surrot:r;ci,aci i+y lots with existing structures constructed below the base flood level, providing items in Sect „ ,,; t t ,t0.140 through 18.30.210, inclusive, of this chapter have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the exception increasiis. 2. Exceptions may be issued for the repair or rehabilitation of "historic structures" (as defined in Section 18.30.050 of this chapter) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the exception is the minimum necessary to preserve the historic character and design of the structure. 3. Exce ;,ons shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result. 4. Exceptions shall only be issued upon a determination that the exception is the "minimum necessary," considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this chapter. For example, in the case of exceptions to an elevation requires, :tat, this means the planning commission need not grant permission for the applicant to build at grade, or eveti to whatever elevation the applicant proposes, but only to that elevation which the planning commission believes will both provide relief and preserve the integrity of this chapter. 5. Exceptions shall only be issued upon: a. A showing of good and sufficient cause; b. A determination that failure to grant the exception would result in exceptional hardship to the applicant; and c. A determination that the granting of an exception will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in Section 18.30.050 of this chapter, or conflict with existing local laws or ordinances. 6. Exceptions may be issued for new construction, substantial improvement, and other proposed development necessary for the conduct of a functionally dependent use provided that the provisions of Section 18.30.260A through E are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance. 7. Upon consideration of the factors of Section 18.30.250 and the purposes of this chapter, the planning commission may attach such conditions to the granting of exceptions as it deems necessary to further the purposes of this chapter. AA - FEES. 1. A nonrefundable fee as established in the fee schedule adopted by the city shall be paid to the city at the time of filing an application for a development permit pursuant to Section 18.30.200. 2. A nonrefundable fee as established in the fee schedule adopted by the city shall be paid to the city at the time of filing an appeal pursuant to Section 18.30.240. 3. A nonrefundable fee as established in the fee schedule adopted by the city shall be paid to the city at the time of filing for an exception pursuant to Section 18.30.250. Ordinance No. 2011-2362 57 Amending Title 18 — Land Use Code 5. Necessity to the facility of a waterfront location where applicable; 6. Av.Ail; ;r,ilify of alternative locations for the proposed use which are not subject to flooding or erosion 7. Compatibility of the proposed use with existing and anticipated development; 8. Re i.:th:?rrsltip of the proposed use to the comprehensive plan and floodplain management program for that area; 9. Safety of access to the property in tunes of flood for ordinary and emergency vehicles; 10. Expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the siha. :rid 11. Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and br.d:; .s. C. Ar, ..,,;;;iicant to whom an exception is granted shall be given written notice over the signature of a community official that: 1. The issi ranee of an exception to construct a structure below the base flood level will result in increased preniiui:r rrstss for flood insurance; and 2. Such co.,struction below the base flood level increases risks to life and property. 3. A copy of the notice shall be recorded by the floodplain administrator in the office of the San Diego County f-ta-corder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel .,t D. 1 ht ? :_ ,main administrator will maintain a record of all exception actions, including justification for their issuance, and report such exceptions issued in its biennial report submitted to the Federal Insurance Administration, Federal Emergency Management Agency. 18.30.260 - CONDITIONS FOR EXCEPTIONS. A. Generally, exceptions may be issued for new construction and substantial improvements and other proposed development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in Sections 18.:10.140 through 18.30210, inclusive, of this chapter have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the exception increases. B. Exceptions may be issued for the repair or rehabilitation of "historic structures" (as defined in Section 18.30.05 ,.t this chapter) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the exception is the minimum necessary to preserve the historic character and design of the structure. C. Exceptions shall not be issued within any mapped regulatory fioodway if any increase in flood levels during t.hr 5,y3e flood discharge would result. D. Exceptions: shall only be issued upon a determination that the exception is the "minimum necessary," considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this chapter. For example, in the case of exceptions to an elevation requirement, this means the planning commission need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the planning commission believes will both provide relief and preserve the integrity of this chapter. F. Exceptions shall only be issued upon: 1. A showing of good and sufficient cause; 2. A determination that failure to grant the exception would result in exceptional hardship to the applicant; and 3. A determination that the granting of an exception will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in Section 18.30.050 of this chapter, or conflict with existing local laws or ordinances. F_ Exception_, may be issued for new construction, substantial improvement, and other proposed development necessary for the conduct of a functionally dependent use provided that the provisions of Section 18.30.260A through E are satisfied and that the structure or other development is protected by Ordinance No. 2011-2362 58 Amending Title 18 - Land Use Code methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance_ G. Upon consideration of the factors of Section 18.30.250 and the purposes of this chapter, the planning commission may attach such conditions to the granting of exceptions as it deems necessary to further the purposes of this chapter. 18.30.270 - FEES. A. A nonrefundable fee as established in the fee schedule adopted by the city shall be paid to the city at the time of filing an application for a development permit pursuant to Section 18.30.200. B. A nonrefundable fee as established in the fee schedule adopted by the city shall be paid to the city at the time of filing an appeal pursuant to Section 18.30.240. C. A nonrefundable fee as established in the fee schedule adopted by the city shall be paid to the city at the time of filing for an exception pursuant to Section 18.30.250. Ordinance No. 2011-2362 59 Amending Title 18 — Land Use Code DIVISION 3 CHAPTER 18.30 Sections: SPECIFIC USE REGULATIONS 18.30.010 Purpose 18.30.020 Applicability 18.30.030 Adult -Oriented Businesses 18.30.040 Automobile Impound and Storage Yards 18.30.050 Sale of Alcoholic Beverages and Live Entertainment 18.30.060 Auto Body and Paint Shops 18.30.070 Child Day Care Centers 18.30.080 Family Day Care Homes 18.30.090 Condominium Conversions 18.30.100 Conversions to Nonresidential Use 18.30.110 Emergency Shelters 18.30.120 Hazardous Waste Facilities 18.30.130 Helicopter Operations 18.30.140 Mobile Homes and Similar Temporary Structures 18.30.150 Outdoor Display or Sale of Merchandise 18.30.160 Outdoor Storage 18.30.170 Recycling Collection Facilities 18.30.180 Scrap Metal Processing 18.30.190 Service Stations and Convenience Stores with Gasoline Pumps 18.30.200 Sidewalk Cafes 18.30.210 Small Wind Energy Systems 18.30.220 Telecommunications Facilities 18.30.230 Tobacco Specialty Shops 18.30.240 Urban Agriculture 18.30.250 Veterinary Hospitals and Clinics 18.30.260 Neighborhood Corner Stores 18.30.270 Motels 18.30.280 Markets that Sell Seafood 18.30.290 Bed and Breakfast Inns 18.30.300 Solar Energy Systems 18.30.310 Tattoo and Body Piercing Establishments 18.30.320 Pawn Shops and Businesses Engaged in Secondhand Dealing and/or the Purchase and Selling of Gold and Other Precious Metals 18.30.330 Payday Lenders 18.30.340 Medical Marijuana Dispensaries 18.30.350 Auto Body Uses 18.30.360 Fast Food Eating Places 18.30.010 PURPOSE This chapter provides site planning, development, and/or operating standards for certain land uses that are allowed by Chapter 2 and for activities that require special standards to mitigate their potential adverse impacts. The standards for specific uses in this chapter supplement and are required in addition to those in Chapter 2 and Chapter 4. In the event of any conflict between the requirements of this chapter ! those of Chapters 2 and 4, the requirements of this chapter shall control. nce No. 2011-2362 60 Amending Title 18 — Land Use Code 18.30.020 APPLICABILITY The land uses covered by this chapter shall comply with the provisions of the sections applicable to the specific use, in addition to all other applicable provisions of this Land Use Code. The uses that are subject to the standards in this chapter shall be developed in compliance with the requirements of Chapter 2. 18.30.030 ADULT -ORIENTED BUSINESSES A. Purpose 1. It is the purpose of this chapter to establish reasonable and uniform content -neutral regulations to decrease blight and crime by either dispersing adult -oriented businesses, or by shifting part of the burden of regulating such businesses to the private sector by placing them in locations which minimize the negative secondary effects of such businesses. 2. It is the intent of this chapter that these regulations be utilized to serve the substantial interest of the city in preventing problems of blight and deterioration which accompany and are brought about by adult -oriented businesses, which allowing reasonable alternative locations for those businesses. 3. In enacting this chapter, the City Council is relying upon the experiences of the City of National City and upon the experiences and studies of other municipalities concerning the deleterious effects of adult -oriented businesses, which this chapter is intended to curtail. B. Definitions It is the purpose of this section to provide clear and concise definitions of those words, terms and phrases most commonly utilized in the regulations and provisions of this chapter in order to assist in the uniform interpretation of such regulations and provisions and to insure uniformity in their application_ It is intended that the following words, terms and phrases, whenever used in this chapter, shall be construed as defined in the following subsections, unless from the context a different meaning is specifically defined and more particularly directed to the use of such words, terms or phrases. It is also intended that those definitions and interpretations set forth in Section 1.04.010 and the Glossary shall be used for purposes of uniformity of interpretation and application of the regulations and provisions of this chapter but only where they do not conflict with any definitions or interpretation set forth in this chapter. 1. "Specified anatomical areas" means and includes any of the following: a Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areolae; or b. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. 2. "Specified sexual activities" means and includes any of the following: a. The fondling or other touching of human genitals, public region, buttocks, anus or female breast: c. Sex acts, normal or perverted, actual or simulated; or d. Masturbation, actual or simulated; or e. Excretory functions as part of or in connection with any of the activities set forth in this subsection. 3. "Adult bookstore" is an establishment that devotes more than fifteen percent of the total floor area utilized for the display of books and periodicals to the display and sale of the following: a. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides, tapes, records or other forms of visual or audio representations which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or b. Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities. Ordinance No. 2011-2362 61 Amending Title 18 — Land Use Code G. An adult bookstore does not include an establishment that sells books or periodicals as an incidental or accessory part of its principal stock -in -trade and does not devote more than fifteen percent of the total floor area of the establishment to the sale of books and periodicals. 4. "Adult motion picture theater" is an establishment, with a capacity of fifty or more persons, where, for any form of consideration, films, motion pictures, video cassettes, compact discs, digital video discs, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons. 5. "Adult mini -motion picture theater" is an establishment, with a capacity of more than five but less than fifty persons, where, for any form of consideration, films, motion pictures, video cassettes, compact discs, digital video discs, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons. 6. "Adult motion picture arcade," to include without limitation a peep show, is any place to which the public is permitted or invited wherein coin or slug -operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image -producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas. The image -producing device or peep show device shall also include any other device by or through which electronic, video, photographic, cinematic, digital, or computer -generated images depicting specified anatomical areas or specified sexual activity defined by this section are or can be reflected or projected onto an external screen or be internally projected, generated or reflected onto a screen that is an integral part of the device itself. 7. "Adult drive-in theater" means an open lot or part thereof, with appurtenant facilities, devoted primarily to the presentation of motion pictures, films, theatrical productions and other forms of visual productions, for any form of consideration, to persons in motor vehicles or on outdoor seats, and presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons. 8. "Adult cabaret" is a night club, bar, restaurant, cabaret or similar establishment which may serve food or alcoholic or non-alcoholic beverages, or both, and which, for consideration, regularly features live performances or films, motion pictures, video cassettes, compact discs, digital video discs, slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or the exposure of specified anatomical areas for observation by patrons or attendees. 9. "Adult motel" is a motel or similar establishment offering public accommodations for any form of consideration which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, compact discs, digital video discs, slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. 10. "Adult theater" is a theater, concert hall, auditorium or similar establishment, either indoor or outdoor in nature which, for any form of consideration, regularly features live performances which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified sexual activities or by exposure of specified anatomical areas for observation by patrons. 11 "Adult model studio" is any establishment open to the public where, for any form of consideration, one or more persons display or expose any portion of specified anatomical areas to be observed, sketched, drawn, painted, sculptured, photographed, videoed or be similarly viewed or depicted by any person, other than the proprietor, who pays a consideration to either the proprietor, an employee of the proprietor or the model. This definition shall also include, without limitation, a "lingerie modeling establishment." a. This definition shall not apply to any school of art which is operated by an individual, firm, association, partnership, corporation or institution which meets the requirements established in the Education Code of the state of California for the issuance or conferring of, and is in fact authorized thereunder to issue and confer a diploma. Ordinance No. 2011-2362 62 Amending Title 18 — Land Use Code 12. "Sexual encounter establishment" is an establishment, other than a hotel, motel or similar establishment offering public accommodations, which, for any form of consideration, provides a place where two or more persons may congregate, associate or consort in connection with specified sexual activities or the exposure of specified anatomical areas. This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the state of California engages in sexual therapy. a For the purposes of this chapter, sexual encounter center shall include massage or rap parlor and other similar establishments. 13_ "Body painting studio" is an establishment or business which provides the service of applying paint or other substance whether transparent or nontransparent to or on the human body when such body is wholly or partially nude in terrns of specified anatomical areas. 14. "Massage parlor" is an establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the state of California. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service. 15. "General motion picture theater' is a building or part of a building intended to be used for the specific purposes of presenting entertainment as defined in this chapter, or displaying motion pictures, slides or closed circuit television pictures before an individual or assemblage of persons, whether such assemblage be of a public, restricted or private nature, except a home or private dwelling where no fee, by way of an admission charge, is charged; provided, however, that any such presentations are not distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas in that any such depiction or description is only incidental to the plot or story line. 16. "Legitimate or live theater" is a theater, concert hall, auditorium or similar establishment which, for any fee or consideration, regularly features live performances which are not distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas in that any such depiction or description is only incidental to the primary purpose of the performance. 17. "General bookstore" is an establishment engaged in the buying, selling and/or trading of new and/or used books, manuscripts and periodicals of general interest. A general bookstore does not include an establishment that is encompassed by the definition of adult bookstore. 18. "School" is an institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school or any special institution of learning under the jurisdiction of the State Department of Education, but it does not include a vocation or professional institution or an institution of higher education, including a community college. 19. "Establishing an adult -oriented business," as used in this chapter, means and includes any of the following: a The opening or commencement of any such business as a new business; b. The conversion of an existing business, whether or not an adult -oriented business, to any of the adult -oriented businesses defined in this chapter; or c. The addition of any of the adult -oriented businesses defined herein to any other existing adult - oriented business; or d. The relocation of any such business. 20. 'Transfer of ownership or control," as used in this chapter, means and includes any of the following: a. The sale, lease or sublease of an adult -oriented business; b. The transfer of securities which constitute a controlling interest in such business, whether by sale, exchange or similar means; or c. The establishment of a trust, gift or other similar legal device which transfers the ownership or control of such business, except for transfer by bequest or other operation of law upon the death of the person possessing such ownership or control. Ordinance No. 2011-2362 63 Amending Title 18 -- Land Use Code 21. "Sale and display of paraphernalia and literature commonly associated with the use of narcotics and controlled substances (headshops)" is an establishment or place where more than fifteen percent of the floor area in any room is used for the sale and display of such paraphernalia and literature, including but not limited to cocaine and sniffing kits, glass mirrors for cutting cocaine, snorting spoons and tubes, strainers to sift cocaine, water pipes (bongs), everyday items with special removable tops that have been converted to conceal narcotics and drugs, including simulated beer cans, oil cans and plastic photograph film vials, "roach clips" (for holding marijuana cigarettes), or books and magazines extolling the use of narcotics or controlled substances. Such a place is an adult -oriented business. This definition does not limit licensed pharmacies in selling and displaying paraphernalia that is medical equipment prescribed by licensed medical practitioners. 22_ A "private viewing room" is an area separated from the sales or display area of the establishment by a curtain, wall, door, shade or similar obstruction thus allowing the private viewing of video tapes, compact discs, digital video discs, movies, transparencies, films or projectable motion pictures by customers at the establishments. 23. "Video cassette, compact disc, digital video disc sales and rentals --adult" is the same as "adult bookstore." 24. "Video games --adult" are coin -operated electronic game machines having visual displays and animation that depict in any manner, any sort of activity characterized by exposure of "specified anatomical areas" or "specified sexual activities." 25. "Sexually oriented business" is any business in which: a. Specified sexual activity occurs or specified anatomical areas are exposed, or both, by a patron, attendee, employee or independent contractor for any form of consideration paid or furnished to the owner, proprietor, an employee of the owner or proprietor, or to an independent contractor at the location or premises; or b. Material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activity or specified anatomical areas, or both, is displayed, sold or provided for consideration on a regular basis. 26. "Consideration," as used in this chapter, means a payment or transfer of money or other thing of value exceeding a total of one cent to an owner or proprietor, an employee of the owner or proprietor, or to a performer, independent contractor or entertainer at the establishment, without regard to: a. Any donative intent of the payer, transferor or donor; b. The time of payment or transfer; or c. Whether the payment or transfer was for admission to the establishment or for merchandise, food or beverage displayed or sold at or on behalf of that establishment. 27. "Lingerie modeling establishment" means an establishment where, for consideration and for viewing by a patron at that establishment, a person either: a. Wears and displays undergarments, lingerie, underwear and similar articles of intimate apparel which cover those areas which constitute specified anatomical areas; or b. Changes from one costume into another in the presence of a patron or patrons and thereby exposes one or more specified anatomical areas to that patron or patrons. This definition shall not, however, be construed so as to apply to a commercial retail or wholesale establishment that principally and customarily sells clothing and related wearing apparel and where specified anatomical areas are not exposed to customers during demonstration displays of merchandise for sale. C. Prohibitions No person or entity shall own, establish, operate, control or enlarge or cause or permit the establishment, operation, enlargement or transfer of ownership or control, except pursuant to Section 18.30.030(F), of any of the following adult -oriented businesses if such adult -oriented business is or would be within 1,500 feet of another adult -oriented business, within 1,500 feet of any school or public park within the city, or within 1,000 feet of any residentially zoned property in the city: a. Adult bookstore; b. Adult motion picture theater; c. Adult mini -motion picture arcade (peep shows); d. Adult arcade; Ordinance No. 2011-2362 64 Amending Title 18 — Land Use Code e_ Adult drive-in theater; f. Adult cabaret; g_ Adult motel; h. Adult theater; i. Adult model studio; j. Body painting studio; k. Massage parlor; 1. Any sexually oriented business; m. Adult video games; n. Adult video cassette sales and rentals; o. Sexual encounter establishments; p. Lingerie modeling establishment. 2. An establishment listed in this section shall not be established, operated, enlarged or transferred unless the provisions of the zone in which the site or proposed site is located permit such a use. The conduct of such establishment and the use of premises shall otherwise comply with the Land Use Code and all other applicable regulations. 3. Nothing in this chapter prohibits the location of adult -oriented businesses within retail shopping centers in all commercial and major mixed -use zones wherein such activities will have their only frontage upon enclosed malls or malls isolated from their direct view from public streets, parks, schools, churches or residentially zoned property. 4. Massage parlors, and sexual encounter establishments shall be permitted only upon the prior issuance of a conditional use permit. 5. The location of an adult -oriented business listed in Subsection C1 [with the exception of Subsections (C)(1k) and (C)(1o)] within any new or existing retail center, as specified in Subsection C3, shall not require a conditional use permit. D. Measure of Distance The required minimum distance between any two adult -oriented businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each such business. The distance between any adult -oriented business and any public school, public parks or residential zoned land shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the adult -oriented business to the closest property line of the public school, public park or residential zone. E. Development and Maintenance Standards All adult -oriented businesses hereafter commenced shall, in addition to compliance with the Land Use Code, comply with these specific requirements: 1. Signs. Except for theater marquee signs, changeable copy signs, temporary signs and small permanent signs are not permitted. In addition to the requirements of Section 18.62.020 for permit approvals, all sign permits shall be subject to review and approval by the Planning Commission. 2. Exterior Painting. Buildings and structures shall not be painted or surfaced with garish colors or textures or any design that would simulate a sign or advertising message_ 3. Advertisements, displays of merchandise, signs or any other exhibit depicting adult -oriented activities placed within the interior of buildings or premises shall be arranged or screened to prevent public viewing from outside such buildings or premises. 4. No outdoor loudspeakers or other outdoor sound equipment advertising or directing attention to an adult -oriented use is allowed. 5. Upon order of the City Manager, graffiti appearing on any exterior surface of a building or premises, which graffiti is within public view, shall be removed, and that surface shall be restored within seventy-two hours of notification to the owner or person in charge of the premises. 6. All exterior windows that are visible to the public must be opaquely covered. Ordinance No. 2011-2362 65 Amending Title 18 — Land Use Code F. Exceptions 1. Nothing in this section prohibits the transfer of principal ownership or control of adult -oriented uses permitted under Subsections 18.30.030(C) 3 or 18.30.030(C) 5. 2. Notwithstanding any other provision of this code to the contrary, the provisions of this chapter shall be applicable to all land within the City, including all redevelopment project areas now in existence or hereafter established. G. Other Regulations, Permits or Licenses 1. Effect. The provisions of this chapter do not waive or modify any other provision of this code. Adult - oriented businesses shall comply with all applicable provisions of law and this code. 2. Reference. This list is not all-inclusive and is inserted here for reference only; other applicable regulations include, but are not limited to the following chapters: H. Protection of Minors Adult -oriented business shall not allow the admission of minors and shall otherwise comply with Chapter 10.62. An attendant shall be present at all times during hours of operation to deny admittance to minors. 1. Private Viewing Rooms It is unlawful for any person or entity which is subject to the regulations of this chapter, and which sells or rents prerecorded video tapes, movies, transparencies, films, projectable motion pictures or equipment used for showing any or all of these items, to offer or allow the viewing of these materials in private viewing rooms, as defined in Subsection B-22. J. Constitutional Severability The City Council declares that the invalidity of any section or portion of this chapter shall not affect the validity of any other remaining section or portion; that the City Council would have adopted each of those remaining portions notwithstanding any later declared invalid. If any portion determined to be invalid can be severed or be judicially interpreted in a way that could harmonize it with the remaining provisions, then it may either be severed or be judicially interpreted and, as interpreted, be applied so as to give full purpose, meaning and effect to the remaining provisions of this chapter. 18.30.040 AUTOMOBILE IMPOUND AND STORAGE YARDS A. Conditional Use Permit -Required Any application for a permit to establish an automobile impound and storage yard shall be subject to the issuance of a conditional use permit. The permittee must be a successful bidder of a contract with the City to participate in the assignment of service calls on police -impounded automobiles. No permit shall be granted to premises located east of National City Boulevard. This section does not apply to storage only yards. See Section 18.30.160 (Outdoor Storage) for storage only regulations. B. Yard Area Requirements The conditional use permit shall require, for its issuance, that the proposed storage area meet the following criteria: 1. The storage area shall be in a building or enclosed by a solid fence or wall at least eight feet in height. The construction and maintenance of a required fence shall be in accordance with Section 18- 43. 2. No sign, picture, transparency, advertisement or mechanical device which is used for the purpose of or does advertise or bring to notice any person or persons, or article or articles of merchandise, or Ordinance No. 2011-2362 66 Amending Title 18 — Land Use Code any business or profession, or anything that is to be or has been sold, bartered or given away, shall be placed or maintained, or caused to be maintained, upon the outward face of such fence or wall. 3. The storage area must contain a gross surface of not less than 10,000 square feet nor more than 15,000 square feet devoted to the storage of wrecked vehicles. 4. The :;forage area, including driveways and access roads, shall be surfaced with asphalt cement, or decomposed granite with oil. 5. The storage area shall be served by drainage facilities adequate to prevent the accumulation of standing water. The City Engineer shall determine the adequacy of proposed drainage facilities. 6. Cates in the fence or wall surrounding the storage area shall be constructed of new material, the same height as the fence or wall. No gate shall swing outward. All gates shall be kept dosed except when vehicles or pedestrians are exiting or entering the premises: As an alternative to closing all gates. an interior screening fence may be erected so as to prevent public view of the contents of the storage yard during times when the gates are open. 7. A four -foot setback from dedicated streets is required. The setback area and the parkway area shall be landscaped with trees, shrubs, or other ground cover in accordance with Section 18-44 and adopted guidelines. 8. Exterior floodlighting, when used, shall be directed away from adjacent property and streets. All lights shall be shielded in such a manner that the light there from will fall only on the same premises upon which such light source is located. 9. A conditional use permit shall not be granted for an area visible from a freeway unless all wrecked vehicles can be stored out of sight of adjacent freeways. C. Rules of Operation The conditional use permit shall require, for its issuance and continued validity, that permitted storage operations be conducted pursuant to the following rules: 1. Stripping of automobiles, removal of parts, and dismantling, salvaging or junking shall be prohibited; provided, however, that the permittee may remove articles required to be removed to permit scrapping of the impounded vehicles. Removed parts may be accumulated for thirty days on the licensed premises. 2. All inflammable liquids shall be removed from any unregistered or scrapped vehicle. 3. Stored material and vehicles shall be so arranged that reasonable inspection of all parts of the premises can be made at any time by fire, health, police, planning and building authorities. 4. Trash containers shall be installed and maintained on the premises, and the premises shall be kept free of trash at all times. 5. Wrecked vehicles shall be disposed of in an expeditious manner, and no vehicle shall be retained in storage in excess of three months from the date of impoundment. Upon recommendation of the chief of police of the City or order of a court of competent jurisdiction, the City Council may extend the storage time. 6. No article shall be piled higher than the enclosing fence or wall, or nearer than two feet to the enclosing fence or wall. D. Conditional Use Permit -Expiration A conditional use permit granted under the provisions of this title will expire upon the revocation, expiration, or cancellation of a permittee's contract with the City. E. Conditional Use Permit -Revocation for Violation Violation of any requirement of this title is grounds for revocation of a conditional use permit. Ordinance No. 2011-2362 67 Amending Title 18 — Land Use Code 18.30.050 SALE OF ALCOHOLIC BEVERAGES AND LIVE ENTERTAINMENT A. Conditional Use Permit -Required A conditional use permit is required for the sale of alcoholic beverages, whether for on -site or off -site consumption. B. Conditional Use Permit -Additional Notice Required In addition to notices required pursuant to Section 18.12.050 (Noticing and Public Hearings), written notice for a public hearing on a conditional use permit for (he sale of alcoholic beverages shall be provided to owners and occupants of property within a radius of 660 feet of the exterior boundaries of the property where the sale of alcoholic beverages is proposed. C. Community Meeting -Required Prior to the public hearing, the applicant shall hold a community meeting to inform residents of a proposal for the sale of alcoholic beverages. The applicant shall provide to the Planning Division documentation of the meeting and input received. D. Distance Requirements Establishments where alcoholic beverages are sold for on or off -site consumption shall be located as follows: 1. Liquor stores, or other businesses where the principal use involves the sale of alcohol for off -site consumption, shall be: a. A minimum of 660 feet from any public school (kindergarten through twelfth grade) within the boundaries of the City; and b. A minimum of 500 feet apart. 2. Bars and cocktail lounges or other establishments where the sale of alcoholic beverages for on -site consumption is the principal use, shall be: a. A minimum of 660 feet from any public school (kindergarten through twelfth grade) within the boundaries of the City; and b. No less than 1,000 feet apart. 3. Restaurants where the sale of alcoholic beverages for on -site consumption is accessory or incidental to the principal use shall be a minimum of 660 feet from any public school (kindergarten through twelfth grade) within the boundaries of the City; except that this distance requirement shall not apply to restaurants (other than fast-food restaurants with drive -through service) where at least thirty percent of the floor area of the building is comprised of seating area. 4. Private clubs or lodges, bowling alleys, theaters and other establishments where the sale of alcoholic beverages is accessory or incidental to the principal use shall be: a. A minimum of 660 feet from any public school (kindergarten through twelfth grade) within the boundaries of the City; and b. No closer than 500 feet apart. This limitation shall not apply to restaurants. 5. No minimum distances from schools or other uses are required for grocery stores, convenience stores or other retail establishments involving the sale of alcohol for off -site consumption as an accessory use_ E. Measure of Distance For the purposes of Section 18.30.050(D) (Distance Requirements): 1 _ The distance between any two establishments that sell alcoholic beverages shall he measured in a straight line without regard to intervening structures from the closest exterior structural walls of the establishments. Ordinance No. 2011-2362 68 Amending Title 18 — Land Use Code 2. The distance between any establishment selling alcohol and a school shall be measured in a straight Tine, disregarding intervening structures, from the closest exterior structural walls of the establishment to the closest property line of the school. F. Additional Standards for the Sale of Alcohol at Restaurants or Public Eating Places Restaurants or public eating places shall conform to the following, additional standards: 1. Alcoholic beverage sales shall be incidental to food service. 2. There shall be no sale of alcoholic beverages after midnight unless otherwise specified by the conditional use permit. The conditional use permit may further restrict the times when alcoholic beverages may be sold. G. Live Entertainment 1_ Live entertainment shall be limited to a single entertainer performing musical work (piano bars, etc.) except as provided below_ 2_ Additional entertainers, dancing, audience participation, karaoke, or other live entertainment may be authorized by a conditional use permit in zones where live entertainment is permitted. 3. Live entertainment specified in Subsection B of this section may be permitted by a resolution of approval for a conditional use permit for the sale of alcohol in zones where live entertainment is permitted. 18.30.060 AUTOMOTIVE BODY AND PAINT SHOPS Automobile painting with accessory body and fender work shall be conducted entirely within a building. The hours of operation shall be between seven a.rn. and seven p.m., except where the building adjoins a residential area the hours of operation shall be restricted to between eight a.m. and six p.m. Monday through Saturday. (Accessory body work shall be defined as 'only that work required in the preparation for complete auto repaint.") 18.30.070 CHILD DAY CARE CENTERS A. Purpose The purpose of establishing child day care center regulations is to implement State law with regard to the provision of child care centers as defined by the California Health and Safety Code to ensure compatibility of such uses with surrounding uses and properties and to avoid any impacts associated with such uses. B. Applicability Day care centers are permitted as set forth in Chapter 2 subject to the requirements of this section. C. Site Location 1. Child day care facilities are encouraged to be located near schools, trolley stops, major bus stops, and close to employment centers in order to reduce commute trips and improve air quality. 2. All child care facilities shall have direct access to a public street with adequate access to a collector or arterial street system. 3. A new child care facility must be located at least 600 feet away from an existing child day care center. D. Operation and Development Standards 1. The applicant must obtain all licenses and permits required by State law for operation of the facility and shall keep all State licenses and permits valid and current. 2. The center shall meet all zoning standards applicable to the site. Ordinance No. 2011-2362 69 Amending Title 18 — Land Use Code 3. Indoor and outdoor play areas that satisfy the requirements of the State shall be provided. The outdoor play area shall be adjacent to the center and accessible through the center itself. The outdoor play area shall be screened and enclosed by a natural barrier, wall, or fence a minimum of five feet in height. If adjacent to a single-family residential zone, the separating barrier shall be of solid construction. The outdoor play area shall be designed to reduce noise impacts on adjacent properties. 4. Parking shall not be located in any required front yard setback and an adequate on -site loading/unloading area shall be provided that can be easily accessed from the child day care center without crossing any driveways or streets. Clearly designated pedestrian walkways should be provided. 5. All child day care centers shall comply with the City's noise regulations as set forth in Title 9. 6. The drop off and pick up of children from vehicles shall only be permitted on the site's driveway or parking area. A facility with access from an arterial street, as designated by the General Plan, must provide a paved drop-off/pick-up area designated with on -site parking and maneuvering to allow vehicles to pick-up/drop-off children and exit the site without backing out onto the arterial street. 7. Any additional conditions regarding safety and access deemed necessary or desirable by the City Engineer, Fire Marshal, or Building Official must be met. 18.30.080 FAMILY DAY CARE HOMES A. Purpose The purpose of this section is to implement the California Health and Safety Code provisions regarding day care homes, both large family and small family. B. Applicability Family day care homes are permitted as set forth in Chapter 2 subject to the requirements of this section. C. Site Location Properties used for large family day care homes, as defined by the California Health and Safety Code, shall not be located closer than 300 feet from any other large family day care home. D. Operation and Development Standards 1. The family day care home must be the residence of the day care provider. 2. The day care home must be clearly incidental and secondary to the use of the property for residential purposes. 3. Hours of operation shall be less than 24 hours a day. 4. The day care home shall comply with all municipal and state laws and regulations regarding single- family residences and day care homes. 5. Noise must be maintained in compliance with the City's noise regulations as set forth in Title 9. 6. The provider shall comply with all applicable regulations of the City's Fire Department regarding health and safety requirements as they relate to day care hoes and shall contain a fire extinguisher and smoke detector device. 7_ All State licensing standards must be met and the provider shall keep all State licenses and permits current. 8. The day care home shall be maintained to retain the appearance of a home consistent with the general character of the neighborhood. 9. Large family day care homes shall provide at least one off-street parking space per employee of driving age not living in the home. The residential driveway approach is acceptable for this parking requirement provided that it does not conflict with a required drop-off/pick-up area and does not block the public sidewalk or right-of-way. 10. Indoor and outdoor play areas that satisfy the requirements of the State shall be provided. The outdoor play area shall be screened and enclosed by a natural barrier, wall, or fence a minimum of Ordinance No. 2011-2362 70 Amending Title 18 — Land Use Code five feet in height. The outdoor play area shall be designed to reduce noise impacts on adjacent properties. 18.30.090 CONDOMINIUM CONVERSIONS The conversion of existing apartments, hotels and motels, and other rental properties to condominiums, community projects, or stock cooperatives may be permitted if the following conditions are satisfied: A. Permit A conditional use permit is required and the following findings shall be made: 1. The proposal is consistent with housing element goals and objectives; 2. Plans and reports submitted by the applicant, along with conditions of approval, show that necessary upgrading will be completed prior to the sale of any unit; B. Tentative and Parcel Maps A conversion shall comply with requirements for tentative and final parcel maps. C. Subdivision Map Act Requirements of the state Subdivision Map Act will be satisfied, specifically with regard to requirements for notice to tenants and right of tenants to exclusive contract for purchase in condominium, community apartment or stock cooperative projects. D. Physical Elements Reports 1. At the time of submitting the conditional use permit application required in Subsection A of this section, the applicant shall submit a report or reports on the status of the physical elements of the project, including the condition and remaining useful life of building foundations and walls, roofs, electrical systems, plumbing systems, mechanical systems, recreational facilities, parking and other paved areas and drainage facilities. These reports shall be prepared by California licensed structural or civil engineers or private home inspectors and they shall include a detailed evaluation of the existing physical elements, a recommendation on their status including any necessary repairs or replacement, either immediate or in the future, and a certification of the findings. The reports shall also specifically address or include the following: a. Measures that should be taken to improve sound attenuation between units (except for projects built after July 1,1979 in compliance with the Building Code); b_ Structural pest report; c. Building history report identifying the date of construction of all elements; d_ Characteristics of the building not in compliance with currently applicable building or housing codes, and with codes in effect at the time of construction; e. The need for smoke detectors in individual units, as well as for other on -site fire protection systems maintained by the homeowners association. 2. The Planning Commission, or City Council on appeal, shall review these reports to determine the need to repair or replace any existing physical elements as a condition of approving the proposed conversion. E. Other Materials Any other materials required by the Planning Division to provide evidence in support of the above conditions shall be submitted before the conditional use permit application is determined complete Ordinance No. 2011-2362 71 Amending Title 18 — Land Use Code 18.30.100 CONVERSIONS TO NONRESIDENTIAL USE A. Generally A structure or building intended or designed to be used as a dwelling unit may be used in the commercial and industrial zones for a permitted commercial or industrial use, subject to the provisions of this chapter. B. Approval Approval of the location and plans by the Planning Commission is required. C. Removal of Residential Facilities All facilities for living, sleeping, cooking, and dining shall be permanently removed except for employee dining facilities. D. Compliance with Zoning Regulations All other provisions of this title shall be complied with. E. Building Occupancy The structure or building shall not be used or occupied until after the issuance of a certificate of occupancy by the building official. Any change of occupancy shall comply with all requirements of the building code of the City and this title. F. Dwelling Unit of Historical Character When application is made for approval to convert a dwelling unit of recognized historical character, the Planning Commission may deny a permit on grounds of unsuitability of the proposed use. G. Dwelling Unit Used as a Place of Assembly A dwelling unit or any portion thereof shall be permitted to be converted and/or used as a place of assembly as defined by this title only by the issuance of a conditional use permit. H. Design and Aesthetics In the approval of any plans for the conversion of a residential structure for any of the uses permitted under this chapter, the Planning Commission shall take into consideration the architectural design of the structure, as well as the aesthetic quality of the structure and the property. 18.30.110 A. Purpose EMERGENCY SHELTERS This section establishes standards for the development and operation of emergency shelters where permitted by right as set forth in Chapter 2. B. Permitted Use In compliance with SB 2 effective January 1, 2008, emergency shelters shall be allowed as a permitted use without the need for a conditional use permit and are exempt from CEQA (California Environmental Quality Act). C. Limitations on Location Ordinance No_ 2011-2362 72 Amending Title 18 — Land Use Code 1. Eligible locations. A new facility shall be a permitted use in the Light Industrial (IL) zone only. 2. Separation between emergency shelters. A new emergency shelter shall not be closer than 300 feet to another emergency shelter as measured between property lines. D. Lighting Adequate external lighting shall be provided for security purposes to ensure fully lit parking, gathering and waiting areas. E. Building Design Standards 1. Number of beds. An emergency shelter shall contain a maximum of 1 bed per 150 square feet of sleeping area not to exceed 50 beds and shall serve no more than 50 persons. 2. Client waiting areas. Emergency shelters shall have an interior, enclosed client waiting and intake area large enough to accommodate the number of persons equal to 25 percent of the number of beds. The area shall be based on space required for seated persons. Any exterior overflow waiting area shall be fenced, screened, gated, and covered and shall not obstruct sidewalks or driveways. 3. Client gathering areas. Emergency shelters shall have an interior multipurpose area separate from the sleeping area. The multi -purpose area shall be provided with space equal to at least ten square feet per bed, but not be less than 250 square feet. The multipurpose area shall have an exterior gathering area equal to at least 50 square feet per bed and shall be fenced, screened, and landscaped. F. Facility Operating Standards 1. On -site management. The facility shall maintain a management plan. The management plan must document that management and staffing is sufficient for adequate control of the facility. The management plan shall include descriptions of: a. On -site management b. Staffing levels and qualifications c. Client services offered and case management d. Behavior guidelines including no drug or alcohol use e. Facility Maintenance f. Emergency Plan g. Security Plan 2. Vehicle parking. The number of off-street parking spaces shall be calculated based on the amount of office space at the facility plus one parking space per ten beds. The square footage of office space shall be used to determine the number of spaces per the standards specified in Section 18.45 (Parking and Loading Requirements). 3. Length of stay. Temporary shelter shall be available to residents for a maximum of six months. 4. Hours of operation. The emergency shelter shall only accept clients between the hours of 7:00am and 8:OOpm. 18.30.120 HAZARDOUS WASTE FACILITIES A. Definition "Hazardous waste facility" shall be defined as specified by the California Health and Safety Code and San Diego County Hazardous Waste Management Pian. B. Approval Hazardous waste facilities may be permitted only in the Medium Industrial (IM), Heavy Industrial (IH) zones and shall require approval of a conditional use permit. Data, policies, criteria and procedures contained in the San Diego County Hazardous Waste Management Plan shall he utilized for evaluation of Ordinance No. 2011-2362 73 Amending Title 18 — Land Use Code applications for hazardous waste facilities. The siting criteria, the conditional use permit procedure and the fair share policies of the plan shall be utilized in making decisions on such applications. C. Grant Conditions Before any conditional use permit may be granted for a new hazardous waste facility project or for modification of an existing facility, in addition to the conditions required by Section 18.12.110, it shall be found that the proposed facility is in compliance with the following siting criteria documents of the County of San Diego Hazardous Waste Management Plan: 1. Section E, entitled "Local and Regional Facility Needs", of Chapter IX, entitled "Siting and Permitting of Hazardous Waste Facilities" (Pages IX-35 through IX-37); 2. Appendix IX -A, entitled "Siting Criteria for Evaluating Hazardous Waste Management Facility Siting Proposals in San Diego County'; and 3. Appendix IX-B, entitled "General Areas for Siting Hazardous Waste Management Facilities". D. Information Requirements An application for a conditional use permit for a hazardous waste facility project shall provide information required by the planning director to show conformance with procedural requirements of Article 8.7 of the California Health and Safety Code. Such information may include but shall not be limited to documentation from the state office of permit assistance regarding procedures required for approval of the proposed facility. E. Related Permit Requirements All applicable zoning, subdivision, conditional use permit and variance decisions made by the City shall be consistent with the siting criteria documents of the County of San Diego Hazardous Waste Management Plan listed in Subsection C, above. 18.30.130 HELICOPTER OPERATIONS A. Purpose The purpose of this section is to provide rules and regulations governing the conduct of the operation of helicopters and related facilities within the city. B. Conditional Use Permit No person shall operate or maintain a heliport or helistop without first obtaining a conditional use permit and demonstrating that the facility will comply with FAA regulations. C. Temporary Heliport or Helistop Permits 1. No person shall operate a helicopter to or from any property within the city other than a heliport or helistop approved by the City (except in cases of an emergency situation); provided, however, that the landing and takeoff of helicopters at places other than approved heliports and helistops may be authorized for specifically designated and limited times. Such authorization shall not exceed a thirty - day period. 2. Every application for a temporary heliport or helistop permit shall include the following: a. Copy of application for state approval; b. Copy of application for Federal Aviation Administration approval; c. Written approval of landowner or duly authorized agent or representative; d. Certificate of insurance. Ordinance No. 2011-2362 74 Amending Title 18 — Land Use Code 18.30.140 MOBILE HOMES AND SIMILAR TEMPORARY STRUCTURES A. Use as Dwelling — Restrictions A mobile home shall not be used for living or sleeping purposes except when located in an approved mobile home park or unless it meets the criteria for factory built housing in State law as defined by Civil Code Section 18.007. B. Restrictions A mobile home, modular structure, or other temporary structure shall not be used as a business or other commercial use in any zone except that a modular structure may be used as a temporary office or classroom for a period of no longer than one year, subject to the issuance of a temporary use permit. This prohibition shall not apply to any former landfill site which is subject to the regulatory order or directive of a regulatory agency, due to the existence on the site of hazardous materials as defined by Section 25260 of the California Health and Safety Code. C. Mobile Home Park — Conditional Use Permit The development of a mobile home park shall require the issuance of a conditional use permit to ensure that such development will be compatible with existing and permitted uses in the adjacent areas. The conditions of approval may include, but shall not be limited to, external traffic circulation, screening walls and plantings, park layout and design (including architectural design), lot size and shape, landscaping, signs, parking, usable open space and recreation areas, and service buildings. D. Mobile Horne Park — Screening When located on a lot adjoining another residential use, mobile home parks shall be permanently screened from such adjoining property by a fence or wall and suitable landscaping, adjacent to or opposite the other residential use. 18.30.150 OUTDOOR DISPLAY OR SALE OF MERCHANDISE A. Outdoor Display or Sale of Merchandise Prohibited — General The outdoor display or sale of merchandise on public or private property is unlawful, except as provided in this section. Merchandise is displayed outdoors when it is placed to the exterior of a building or structure. B. Permitted Displays in Commercial, Mixed -Use, and Industrial Zones 1. In commercial, mixed -use, and industrial zones, service stations, auto dealers, recreational vehicle sales lots, nurseries, licensed flower shops, grocers and neighborhood corner stores limited to the sale of fresh produce and flowers, and building material yards may display merchandise outdoors only on the same site approved for the business. 2. Other businesses in commercial, mixed -use, and industrial zones shall not display or sell merchandise outdoors except pursuant to a determination by the Planning Division that the display would be customary with that type of business and consistent with or comparable to the types of uses. C. Special Promotions Except as allowed by Subsection B all other businesses in the commercial, mixed -use, and. industrial zones are permitted to have special promotions at which outdoors display and sales will be allowed, limited to a maximum of three consecutive days each, including all set-up and takedown time. No Ordinance No. 2011-2362 75 Amending Title 18 — Land Use Code business shall have more than two such sales in a calendar year. There shall be a period of at least thirty days between sales. 2. Special promotions involving outdoor display of merchandise which are to last more than three days, or would involve more than two such sales in any calendar year, are not allowed unless City Council approval in accordance with Chapter 15.60 is first obtained. All sales shall be limited to the site approved for the business. 3. No business shall conduct a special promotion with an outdoor display on a property unless the business has a permanent business address on that property. This restriction shall not apply to sales conducted entirely indoors. D. Seasonal Sale of Christmas Trees and Pumpkins 1. The seasonal sale of Christmas trees and pumpkins outdoors is permitted only in commercial and mixed -use zones on property developed with a commercial use or on vacant property in a commercial or mixed -use zone. 2. Displays and sales of Christmas trees and pumpkins are limited to thirty-five days respectively, including installation and removal of all related materials. A business license shall be obtained each year prior to setting up displays. E. Outdoor vending machines Outdoor vending machines are allowed in all commercial and mixed -use zones. Outdoor vending machines shall: 1. Be located along the front facade of a building or against a structure designed to accommodate them; 2. Occupy not more than ten percent the length of the wall facing the street or access drive, or 20 feet, whichever is less; 3. Not obstruct private pedestrian walkways; a minimum of 44 inches shall be kept clear of obstructions, or more if pedestrian traffic volume warrants. They are not allowed on public sidewalks. 18.30.160 OUTDOOR STORAGE A. Enclosure All outdoor storage, in any zone, which occupies a volume of more than 60 cubic feet and is visible from any abutting public street, or which abuts property used for residential purposes, shall be enclosed by a view -obscuring fence or wall at least six feet high. All gates provided for ingress and egress in any required fence or wall shall be at least six feet in height and shall be of view -obscuring construction. B. Stacking Stored Materials — Height Limitation Merchandise, materials, equipment, or other goods, other than neatly stacked lumber in lumberyards, shall be stacked in outdoor storage areas to a height no greater than that of any building, wall, fence, or gate enclosing the storage area. For scrap metal processing yards, see Section 18.30.180. C. Posting Signs or Devices Prohibited No sign, picture, transparency, advertisement, or mechanical device which is used for the purpose of or which does advertise or bring to notice any person or persons, or article or articles of merchandise, or any business or profession, or anything that is to be or has been sold, bartered or given away shall be placed or caused to be placed or to be maintained or caused to be maintained upon the outward face of any gate, fence or wall enclosing any outdoor storage area. D. Storage in Yard Setback Prohibited No storage shall be permitted in any required front or side yard setbacks adjacent to a public street or highway. Ordinance No. 2011-2362 76 Amending Title 18 — Land Use Code E. Materials Storage During Construction During construction and sixty days thereafter, property in said project area may be used for the storage of materials, excluding batch plants, used in the construction of the individual buildings in the project and for the contractor's temporary office. F. Areas Designated for Storage Except as specified herein, no other areas shall be used for outdoor storage. Areas designated for storage or which are otherwise restricted to vehicular passage shall be indicated on the plot plan and be so maintained. .All areas of the yard open to vehicular passage shall be paved. G. Specific Storage Regulations in Commercial, Mixed -Use, and Industrial Zones In the commercial, mixed -use, and industrial zones, the following regulations shall apply: 1. The storage of all materials or wastes which might cause fumes or dust, or which constitute a fire hazard, or which may be edible by or otherwise attractive to insects or rodents, unless said materials or wastes are stored outdoors in dosed containers, is prohibited. 2. The storage of corrosive materials is permitted subject to the provisions of the City fire code. 3. Activities involving the storage of fire and explosive hazard materials shall be conducted in accordance with the City fire code. 4. Toxic or dangerous materials shall be stored in a manner that insures against their escape from the premises to the detriment of public safety, health or welfare. 5. No material, equipment, or goods of any kind shall be stored on the roof of any building in any zone. 6- In the industrial zones, the storage or materials, liquids, or wastes upon any lot in such form or mariner that they may be transferred or flow off said lot by natural causes or forces is prohibited. 7. Shipping containers and truck trailers shall not be used for storage purposes in any zone, except pursuant to a temporary use permit as approved by (he City Council. H. Rubbish Storage 1. Rubbish and solid waste shall be disposed of by public facilities, when available. Liquid wastes shall be promptly and properly disposed of in a. manner acceptable to the City and to the San Diego Metropolitan Sewer District. Where public facilities are riot provided for disposal, rubbish and solid waste shall be contained in rodent proof, nonflammable, waterproof storage containers with close - fitting lids. When liquid wastes are of such a character as to be unacceptable in the public sewer system, such wastes shall be stored in suitable containers or tanks until transfer. Such containers or tanks shall comply with the City fire code and other applicable regulations in this title. 2. All storage and disposal facilities shall be screened from all public view. In the residential, commercial, mixed -use, and institutional zones such screening shall be of solid masonry construction with sturdy gates of view -obscuring design. Location and accessibility shall be subject to site plan review. 3. Any building or structure or portion of building or structure used for storage of rubbish -and waste shall contain an approved floor drain connected to the public sewer system. 18.30.170 RECYCLING COLLECTION FACILITIES A. Purpose It is the intent and purpose of this chapter to establish reasonable regulations for establishment of recycling collection facilities to encourage and facilitate the recycling of glass, aluminum, plastic and nonaluminum metal beverage containers in a safe and convenient manner. Ordinance No. 2011-2362 77 Amending Title 18 - Land Use Code B. Definitions For the purpose of this chapter, the following words shall have the following meanings: 1. Igloos. An "igloo" is a small, moveable collection bin or container occupying no more than 40 square feet each. 2. Mobile recycling unit. A "mobile recycling unit" means an automobile, truck, trailer or van, licensed by the Department of Motor Vehicles, which is used for the collection of recyclable materials. A mobile recycling unit also means the bins, boxes or containers, other than igloos, transported by trucks, vans, or trailers, and used for the collection of recyclable materials. 3. Recyclable material. "Recyclable material" is reusable material including aluminum, nonaluminum metal, glass and plastic beverage containers, which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable material as described in this section does not include paper, refuse, motor oil or other hazardous materials. 4. Recycling collection facility. A "recycling collection facility" is a center for the collection of recyclable materials from the public by donation, redemption or purchase. A certified recycling facility means a recycling facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986_ A recycling facility does not include storage containers located on the premises of a commercial or industrial use used solely for the collection of recyclable materials generated by that use. Recycling collection facilities include the following: a. Reverse vending machines; b. Igloos; c. Mobile recycling units. 5. Reverse vending machine. A "reverse vending machine" is an automated mechanical device which accepts at least one or more types of empty beverage containers including aluminum and nonaluminum metal cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value as determined by the state. A reverse vending machine may sort and process containers mechanically; provided that the entire process is enclosed within the machine. In order to accept and temporarily store all four container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple grouping of reverse vending machines may be necessary. A "bulk reverse vending machine" is a reverse vending machine that is larger than 50 square feet; is designed to accept more than one container at a time; and will pay by weight instead of by container. 6. Small recycling facility. A small recycling facility is defined as an igloo or reverse vending machine. C. Types of Facilities Permitted 1. Reverse vending machines, igloos, and mobile recycling units may be permitted subject to conformance with all of the following: a. Location within the MXC-1, MXC-2, MXD-1, MXD-2, CS, IL, and IM zones; b. Location within convenience zones designated by the State of California Department of Conservation, Division of Recycling; c. Certification or application for certification by the State of California; d. Required permits, as described in Subsection D; e. Operation and design standards, as described in Subsection E; f. No recycling collection facility shall be permitted if it is found that the facility or its operation will have a detrimental effect on public health, safety, or general welfare. D. Permits Required 1. Site plan review. Small recycling facilities, as defined in Subsection B, shall require site plan review approval. 2. Conditional use permit. Mobile recycling units, as defined in Subsection B, shall require conditional use permit approval. E. Operation and Design Standards Ordinance No. 2011-2362 78 Amending Title 18 — Land Use Code 1. Reverse vending machines shall comply with the following standards: a. F:.t hlished in conjunction with a commercial use or community service facility which is in compliance with the zoning, building, and fire codes of the City: b. Located within 30 feel of the entrance to the commercial structure and shall not obstruct pedestrian or vehicular circulation; c. Not occupy parking spaces required by the primary use; d. Except for bulk reverse vending machines, occupy no more than 50 square feet of floor space per installation, including any protective enclosure, and be no more than eight feet in height; no more than four reverse vending machines at the site; bulk reverse vending machines shall occupy no more than 300 square feet of floor space per installation, including any protective enclosure; e. Constructed and maintained with durable waterproof and rustproof material; I. Clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is nonoperative; g. Have a sign area of a maximum of four square feet per machine, exclusive of operating instructions; h. Maintained in a clean, litter -free condition on a daily basis; i. Illuminated to ensure comfortable and safe operation if operating hours are after dusk; j. Installation of all wiring required in accordance with the National Electrical Code, latest edition. 2. Igloos shall comply with the following standards: a. Established in conjunction with an existing commercial use or community service facility which is in compliance with the zoning, building, and fire codes of the City; b. Occupy an area no larger than 200 square feet; c. Set back at least ten feet from any front property line and shall not obstruct pedestrian or vehicular circulation; d. Accept only glass, metal, and plastic containers; e. No power -driven processing equipment used; f. Containers constructed and maintained with durable, waterproof and rust -proof material, covered when site is not attended, secured from unauthorized entry or removal of material, of a capacity sufficient to accommodate materials collected and collection schedule; g. All recyclable material stored in containers, and materials not left outside of containers at any time; h. Maintained free of litter and any undesirable materials; i. Not be located within 50 feet of a residentially zoned property; j. Operation of attended facilities located within 100 feet of a property zoned or occupied for residential use only during the hours of 9:00am and 7:00pm; k. Noise levels not exceeding 60dBA as measured at the property line of residentially zoned or occupied property, and otherwise not exceeding 65dBA; I. Location of containers for the 24 hour donation of materials at least 100 feet from any property zoned or occupied for residential use unless there is a recognized service corridor and acoustical shielding between the containers and the residential use; m. Labeling of containers to identify the type of material which may be deposited, identification of the facility with the name and telephone number of the facility operator and the hours of operation, and display of notice stating that no material shall be left outside the recycling enclosure or containers; n. Signing permitted as follows: i. Identification signs with a maximum of four square feet, in addition to informational signs required in Subsection E(2)(m), above; ii. Signs consistent with the character of the location; iii. Directional signs, bearing no advertising message, installed with the approval of the City Manager or his/her designee if the facility is not visible from the public right-of-way; iv. Authorization from the City Manager or his/her designee for increase in the number and size of signs upon finding that it is compatible with adjacent businesses. o. Required landscape area riot occupied or interfered with; Ordinance No. 2011-2362 79 Amending Title 18 — Land Use Code p. No occupation of parking spaces on the site unless deemed necessary and authorized by the City Manager or his/her designee; no additional parking spaces required for customers of an igloo collection facility located at the established parking lot of a host use; one space of host use permitted to be occupied by an attendant, if needed. 3. Mobile recycling units shall comply with the following standards: a. Established in conjunction with an existing commercial use or community service facility which is in compliance with the zoning, building, and fire codes of the City; b. No larger than 350 square feet and occupy no more than three parking spaces not including space that will be periodically needed for removal of materials or exchange of containers; c. Set back at least ten feet from any front property line and shall not obstruct pedestrian or vehicular circulation; d. Accept only glass, aluminum, nonaluminum, and plastic containers; e. No power -driven processing equipment used; f. Containers constructed and maintained with durable waterproof and rustproof material, covered when site is not attended, secured from unauthorized entry or removal of material, and of a capacity sufficient to accommodate materials collected and collection schedule; g. All recyclable materials stored in containers or in the mobile unit vehicle, and not left outside of containers at any time; h. Maintained free of litter and any other undesirable materials; mobile facilities, at which truck or containers are removed at the end of each collection day, swept at the end of each collection day; Noise levels not exceeding 60dBA as measured at the property line of residentially zoned or occupied property, and otherwise not exceeding 65dBA; j. Not to be located within 50 feet of a residentially zoned property; k_ Operation of attended facilities located within 100 feet of a property zoned or occupied for residential use only during the hours of 9:00am and 7:00pm; I. Location of containers for the 24 hour donation of materials at least 100 feet from any property zoned or occupied for residential use unless there is a recognized service corridor and acoustical shielding between the containers and the residential use; m. Labeling of containers to identify the type of material which may be deposited; identification of the facility to identify the name and telephone number of the facility operator and the hours of operation, and display of a notice stating that no material shall be left outside the recycling enclosure or containers; n. Signing permitted as follows: i. Identification signs with a maximum of four square feet, in addition to informational signs required in subsection E(3)(m), above; ii. Signs consistent with the character of the location; iii. Directional signs, bearing no advertising message, installed with the approval of the City Manager or his/her designee if the facility is not visible from (he public right-of-way; iv. Authorization from the City Manager or his/her designee for increase in the number and size of signs upon finding that it is compatible with adjacent businesses_ o. Required landscape area not occupied or interfered with; p. No additional parking spaces required for customers of a mobile recycling unit located at the established parking lot of a host use; one space of the host use permitted to be occupied by the attendant, if needed; q. Area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present; r. No reduction of available parking spaces below the minimum number required for the primary host use unless a parking study shows that existing parking capacity is not already fully utilized during the time the recycling facility will be on the site; reduction in available parking spaces in an established parking facility then permitted as follows: i. For a commercial host use: Number of Parking Spaces Available 0-25 26-35 Maximum Reduction Ordinance No. 2011-2362 80 Amending Title 18 — Land Use Code 36-49 3 50+ 4 ii. For a community facility host use, a maximum of four spaces reduction will be allowed when not in conflict with parking needs of the host use. F. Additional Requirements Additional requirements may be required as conditions of permit approval. 18.30.180 SCRAP METAL PROCESSING A. Regulations Generally Scrap metal yards, scrap or used metal sales, and scrap metal processing shall be operated in accordance with the provisions of this section. This shall not relieve the operators of scrap metal processing uses from complying with all City regulations, laws, and ordinances. B. Site Plan Review Required All scrap metal processing uses shall be subject to site plan review. C. Salvage or Junk Storage Restrictions The storage of salvage or junk shall not be placed or allowed to remain outside of the enclosed yard area. It may be stored above the height of the fence or wall, provided such storage is not within ten feet of an exterior lot line. Nonmetallic salvage or processing not clearly incidental to the principal use shall not be allowed. D. Fences and Walls - Required The entire premises shall be enclosed by fences and walls of uniform height in relation to the ground upon which they stand. Such fences or walls shall be a minimum of eight feet high and shall not exceed 15 feet in height. E. Fences and Walls — Materials All fences and walls open to view from any street shall be constructed of the following materials: 1. Metallic panels, at least .024 inches thick, painted with a baked -on enamel or similar permanent finish. All fences constructed with metallic panels exposed to view from the exterior side shall have an interior face of solid wood not less than two inches thick from the ground to the top of such fence; 2. Masonry; 3_ Other materials comparable to the foregoing if approved by the Planning Division. F. Fences and Walls — Construction Standards All fences and walls shall be constructed in a workmanlike manner and shall consist solely of new materials, unless the director of planning approves the substitution of used materials where, in his opinion, such used materials will provide the equivalent in service, appearance, and useful life. G. Fences and Walls — Painting All fences and walls, excluding masonry and approved permanent finish panels, shall be painted a uniform complimentary color, excluding black, which blends with the surrounding terrain and improvements, and shall be maintained in a neat, orderly condition at all times. Such fence or wall shall Ordinance No. 2011-2362 81 Amending Title 18 — Land Use Code contain no painted signs or posters except as approved by the director of planning. In all cases, colors shall be subject to approval by the director of planning. H. Standards for Structures Any structures which are used as part of the yard boundaries and/or are exposed to view from a street frontage shall be subject to painting, maintenance and sign requirements for fences and walls as provided in Section 18-43. The Planning Division may approve other appropriate architectural treatment. I. Paving of yards Areas designated for storage or which are otherwise restricted to vehicular passage shall be indicated on the site plan and shall be so maintained. All areas of the yard open to vehicular passage shall be paved J. Landscaping 1. Along each street frontage, all required setbacks and the adjacent street parkways shall be fully landscaped. 2. A permanent automatic irrigation system shall be provided which satisfactorily irrigates all planted areas. 3. All landscaped areas shall be continuously and properly maintained in good condition. K. Painting and Maintenance All equipment, structures, etc., extending above the height of exterior fences shall be continuously maintained and painted in a neat and orderly fashion. L. Storage and Combustibles Containers approved by the City Fire Department shall be provided for the storage of combustible materials removed from scrap autos delivered to the site. M. Litter Prohibited The entire site shall be continuously maintained to prevent accumulations of weeds, rubbish, litter, or combustible waste. Any incidents of rat or vermin harborage shall be promptly corrected. N. Performance Standards All salvage operations shall comply with the performance standards for air pollution, noise, vibration, and glare as set forth in Section 18.40.030 and Title 7 of the Municipal Code. 18.30.190 SERVICE STATIONS AND CONVENIENCE STORES WITH GASOLINE PUMPS A. Conditional Use Permit Required The development and construction of all service stations shall be subject to the issuance of a conditional use permit. B. Frontage The site shall have a minimum of 100 feet of frontage on a dedicated street. C. Minimum Site Area The minimum site area shall be 15,000 square feet. Ordinance No. 2011-2362 82 Amending Title 18 - Land Use Code D. Site Planning Standards 1. Bay doors of service stations and automotive maintenance and repair facilities should not be visible from the major street, whenever possible. 2. Fuel pump islands and canopies should be screened by the main building structure. The convenience store should be placed at the street frontage with display windows along the sidewalk, to encourage pedestrian use. 3. Curb cuts shall be limited to one per street for corner locations, or two per street for mid -block locations. 4. Curb cuts on the same street shall be spaced at least 25 feet apart. E. Screening When a service station adjoins a residential zone along a rear or side lot line, a masonry screening wall, not less than five feet and no more than six feet in height, shall be erected along such adjoining lot line. F. Building Fronts 1. All building materials and designs shall be consistent with the general standards for commercial businesses. Metal buildings are not permitted. 2. The design of stand-alone gas stations and convenience stores should conform to the dominant existing or planned character of the surrounding neighborhood or development. This can be accomplished through the use of similar forms, materials and colors. 3. The design of a facility that occupies a pad or portion of a building within a larger commercial center should be designed to reflect the design elements of that center. 4. All sides of a building visible from the street shall express consistent architectural detail and character. G. Pump Island Canopies and Other Buildings and Structures All structures on the site (including kiosks, car wash buildings, pump island canopies, and screen walls) shall be architecturally consistent with the main structure, including roof design, color, materials, and architectural details. H. Landscaping — Generally Ten percent of the gross site area shall be devoted to landscaping. I. Open Area — Surfacing All open areas, not included in landscaped areas shall be paved. J. Use Regulations The operation of all service stations shall be in accordance with the following regulations: 1. Uses permissible at a service station do not include body or fender work or automobile painting unless they are permissible uses within the particular zone. Dismantling of automobiles for the purpose of selling parts is prohibited. 2. NI repair work being conducted shall be within a structure which shall be attached to the existing service station facility. 3. Adequate facilities for such repair shall be available. 4. No outdoor storage of disabled vehicles, vehicles under repair, automobile parts, or repair equipment shall be allowed at any time. 5. Major repairs shall be conducted only between the hours of seven a.m. and seven p.m. Ordinance No. 2011-2362 83 Amending Title 18 — Land Use Code 6. Operations outside permanent structures shall be Limited to the dispensing of motor fuels and servicing of tires, batteries and/or automobile accessories. K. Gasoline Pumps as an Accessory Use This section shall have no effect on the installation and operation of a gasoline pump or pumps, or lube oil drums which are used solely to service the motorized equipment of commercial, manufacturing or industrial use of the land upon which the pump or drum is installed; provided, however, that the pump or drum shall not be installed or operated on any parcel of land not included within the land of the permissible principal use. L. Sale of Gasoline as an Accessory Use 1. The sale of gasoline as an accessory use to a permitted use shall require the issuance of a conditional use permit. 2. The sale of gasoline as an accessory use will be allowed only in zones in which the sale of gasoline as a principal use is allowed. M. Sale of Non -automotive Products at Service Stations The sale of nonautomotive products in service stations is permitted as follows: 1. Such products must be displayed within an enclosed permanent building. 2. The display area shall be a maximum of 216 cubic feet, except that a conditional use permit may be issued to authorize additional areas of display, where such use is otherwise permitted by this title. The sale of any alcoholic beverages is prohibited, regardless of the display area, unless specifically authorized by a conditional use permit. N. Lighting 1. General. All lighting shall be directed away from adjoining properties and streets and shall be so shielded and adjusted that the light is directed to fall only on the same premises upon which the light source is located. 2. Canopy Lighting. a. Lights shall not be mounted on the top or sides of the canopy. The sides shall not be illuminated in any manner. b. Fuel pump canopies shall not be internally illuminated. Light fixtures shall be completely recessed into the canopy so that the light source is concealed. O. Enhanced Vapor Recovery Systems (EVR) As required by AST Executive Order VR-401-B adopted by State of California Air Resources Board, as of April 1, 2009, all gasoline dispensary facilities with underground storage tanks must upgrade to an Enhanced Vapor Recovery System (EVR) Phase II. All EVR Systems, including pipes that and other components that extend beyond/above the tank, shall be screened from view. 18.30.200 SIDEWALK CAFES A. Purpose Sidewalk cafes make a significant contribution to the quality of public spaces and community life. They provide an active street frontage that is lively and dynamic. They are natural locations for social interaction. The purpose of this section is to provide procedures for and standards to encourage the establishment of sidewalk cafes wherever permitted. Ordinance No. 2011-2362 84 Amending Title 18 — Land Use Code B. Permit Requirements A sidewalk cafe shall require the approval of a minor use permit and an encroachment permit by the City Council. C. Review Authority A sidewalk cafe may be approved by the Planning Division if it is determined that the proposed cafe is in conformity with all of the requirements of this section. An encroachment permit must thereafter be obtained from the City Council. D. Limitations and Requirements 1. Where permitted. A sidewalk cafe may be permitted only in a zoning district that allows indoor restaurants, and then only if the sidewalk cafe is situated adjacent, as specified below, to an indoor restaurant and the sidewalk cafe's operation is incidental to and a part of the operation of such adjacent indoor restaurant. a. A sidewalk cafe may be located on the public sidewalk immediately adjacent to and abutting the indoor restaurant which operates the cafe, provided that the area in which the sidewalk cafe is located extends no farther along the sidewaik's length than the actual sidewalk frontage of the operating indoor restaurant and all other applicable provisions of this section are fulfilled. b. The service of alcoholic beverage to customers using the sidewalk cafe is prohibited. 2. Sidewalk clearances. A sidewalk cafe may be permitted only where the sidewalk is wide enough to adequately accommodate both the usual pedestrian traffic in the area and the operation of the proposed cafe. A sidewalk cafe shall not occupy more than 50 percent of the sidewalk's width at any point and not less than eight consecutive feet of sidewalk width at every point shall be kept clear and unimpeded for pedestrian traffic. 3. Outdoor furniture. All tables and chairs comprising a sidewalk cafe shall be set back not less than two feet from any curb and from any sidewalk or street barrier, including a bollard, and shall not be situated within eight feet of any designated bus stop. All outdoor dining furniture, including tables, chairs, umbrellas, and planters, shall be movable. All outdoor furniture must be of commercial quality to withstand the wear of outdoor use; plastic tables and chairs are not permitted. Outdoor furniture should be complimentary to the adjoining indoor business design and make a positive contribution to the street environment. Umbrellas must be secured with a minimum base of not less than 60 pounds. Outdoor heaters, music, or speakers are prohibited. 4. Signage. No signing shall be allowed at any outdoor cafe except for the name of the establishment on an awning or umbrella fringe. 5. Food and beverages. A sidewalk cafe may serve only food and nonalcoholic beverages prepared or stocked for sale at the adjoining indoor restaurant. 6. Service requirements. The outdoor preparation of food and busing/server stations are prohibited at sidewalk cafes. The presetting of tables with utensils, glasses, napkins, condiments, and the like is prohibited. All exterior surfaces within the cafe shall be easily cleanable and shall be kept clean at all times by the permittee. Trash and refuse storage for the sidewalk cafe shall not be permitted within the outdoor dining area or on adjacent sidewalk areas and the permittee shall remove all trash and litter as they accumulate. The permittee is responsible for maintaining the outdoor dining area, including the sidewalk surface and furniture and adjacent areas in a clean and safe condition. 7. Hours of operation. Sidewalk cafes may only operate between the hours of 7:00 a.m. and 10:00 p.m. and shall be setback a minimum of 150 feet from the property line of any parcel occupied by a detached single-family residence. Tables, chairs, and all other furniture used in the operation of an outdoor cafe shall be removed from the sidewalk and stored indoors at night and whenever the cafe is not in operation. E. Power to Suspend Operation of Sidewalk Cafe The City shall have the right and power, acting through the City Manager or his/her designee, to suspend the operation of a sidewalk cafe at any time because of anticipated or actual problems or conflicts in the Ordinance No. 2011-2362 85 Amending Title 18 — Land Use Code use of the sidewalk area. Such problems and conflicts may arise from, but are not limited to, scheduled festivals and similar events, or parades or marches, or repairs to the street or sidewalk, or from demonstrations or emergencies occurring in the area. To the extent possible, the permittee shall be given prior written notice of any time period during which the operation of the sidewalk cafe will be suspended by the City, but any failure to give prior written notice shall not affect the right and power of the City to suspend the cafe's operation at any particular time. F. Findings and Conditions In connection with granting approval for a minor use permit for a sidewalk cafe, the Planning Division shall make findings that the proposed operation meets the limitations of this section and may impose conditions in granting its approval as deemed are needed to ensure that the proposed operation will meet the operating requirements and conditions set forth in this section and to assure that the public safety and welfare will be protected. 18.30.210 SMALL WIND ENERGY SYSTEMS A. Purpose The intent of the section is to allow for the limited use of wind turbines or windmills throughout the city for the purpose of small scale generation of electricity to serve the needs of a home, institutional or open space land use, or business_ These provisions are intended to ensure that such facilities are well designed, carefully sited, and operated in a manner that will not pose a nuisance or hazard to the general public or nearby neighbors. In addition, these provisions are intended to preserve and protect public health and safety without significantly increasing the cost or decreasing the efficiency of small wind energy systems. 8. Definitions 1. "Roof peak" is the highest point of a roof excluding any architectural feature such as a cupola, parapet, turret, tower, elevator shaft enclosure, or similar architectural embellishment. 2. "Small wind energy system" means a wind energy system consisting of a single wind turbine, tower, and associated control or conversion electronics providing electricity for a home, accessory dwelling unit, multi -family residential building, or small business. 3. "Total Height" means the vertical distance from ground level to the tip of a fully extended wind turbine blade at its highest point. 4. "Tower" means a freestanding structure that supports a wind turbine. 5. "Wind Energy System" means equipment that converts and then stores or transfers energy from the wind into usable forms of energy and includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, turbine, vane, wire, or other component used in the system. 6. "Wind Turbine" means the mechanical and electrical conversion components mounted at the top of a tower in a wind energy system. C. Small Wind Energy System Standards A small wind energy system shall be a permitted use in all zoning districts subject to the following requirements: 1. Lot size and maximum height. a. Small mono -pole wind energy systems shall be subject to the height limit of the underlying zone. One mono -pole wind energy system is permitted for each half -acre or portion thereof not to exceed three. Wind turbine systems shall comply with the FAA height regulations and Coastal Zone requirements. b. Roof -mounted wind energy systems shall be allowed on any lot size with a total height limit of ten feet above the peak bf the roof and located the furthest distance from adjacent residences. 2. Setbacks. Ordinance No. 2011-2362 86 Amending Title 18 — Land Use Code a A wind tower shall be set back a distance equal to the total height to the top of a fully extended blade from any public right-of-way or overhead utility Tines and all property lines. No part of the wind system structure, including guy -wire anchors, may extend closer than accessory building setbacks of the appropriate zone to the property lines of the installation site. 3. Access. All ground mounted electrical and control equipment shall be secured to prevent unauthorized access and the tower shall be designed and installed so as not to provide step bolts or a ladder readily accessible to the public for a minimum height of eight feet above the ground. 4. Noise. Small wind energy systems shall comply with the Noise Ordinance of the National City Municipal Code. 5. Approved Wind Turbines. Small wind turbines must be approved by the Emerging Technologies program of the California Energy Commission or any other small wind certification program recognized by the American Wind Energy Association. 6. Appearance. a. The wind generator and tower shall be painted in subdued tones of white, silver, light grey, or light blue or the manufacturer's original paint or finish shall be permitted if it complies with the subdued tones identified herein or should be designed and painted a color that blends with the surrounding natural or manmade features. b. Where mounted on a building, the installation shall be well integrated with the architecture of the building. 7. Safety precautions. a. A wind energy system shall be equipped with manual and automatic overspeed controls to limit the rotational speed of the blade within the design limits of the rotor. All wind towers shall have lightening protection. If a wind tower is supported by guy wires, the wires shall be clearly visible to the height of at least six feet above the guy wire anchors. The minimum distance between the ground and any part of the rotor blade system shall be 15 feet. A six feet high fence with a locking gate shall be placed around the system's tower base. b. b. c. d. e. D. Permits 1. Small roof mounted wind energy systems are an accessory use permitted in all zoning districts. No small wind energy systems shall be erected, constructed, or installed without first receiving a building permit from the appropriate City authority. A building permit shall also be required for any modification to an existing small wind energy system. 2. Small mono -pole wind energy systems and meteorological towers shall not be erected, constructed, or installed without first receiving a conditional use permit and a building permit from the appropriate City authorities. A building permit shall also be required for any modification to an existing system. 18.30.220 TELECOMMUNICATIONS FACILITIES A. Purpose The purpose and intent of this section is to provide a uniform and comprehensive set of standards for the development, siting, and installation of wireless telecommunications facilities and antenna installation. These regulations are intended to protect and promote the public health, safety, and welfare of the residents of National City and to preserve community character and protect aesthetic quality in accordance with the guidelines and intent of the Telecommunications Act of 1996 and to encourage siting in preferred locations to minimize aesthetic impacts and to minimize the intrusion of these uses into residential areas. B. Commercial Telecommunications Facilities 1. Telecommunication facilities are subject to a conditional use permit and design review and shall comply with all applicable provisions of this section. Ordinance No. 2011-2362 87 Amending Title 18 — Land Use Code 2. Design guidelines for commercial facilities. To the greatest extent possible, commercial telecommunication facilities shall be sensitively designed and located to be compatible with and minimize visual impacts to surrounding areas, including public property. To this end, each facility shall comply with the following design guidelines. a. Innovative design solutions that minimize visual impacts should be utilized; stealth solutions where facilities are not detectable are especially encouraged. i. A good faith effort in achieving co -location shall be required of the host entity. Requests for utilization of facility space and response to such requests shall be made in a timely manner and in writing and copies shall be provided to the City. Co -location is not required in cases where the visual impacts are found to be substantial, the facility cannot reasonably accommodate additional facilities, or where good faith lease arrangements fail. ii. All properties found suitable for co -location and multiple users shall be designed to promote facility and site sharing. To this end telecommunication facilities and necessary appurtenances, shall be shared by site users, when in the determination of the Planning Commission, as appropriate, this will minimize overall visual impacts to the community. b. Telecommunication facilities shall be as small as possible and the minimum height necessary without compromising reasonable reception or transmission. c. Antennas and their support structures should be located on the rear half of property or structures when reasonable transmission and/or reception would not be impaired and when visual impacts would be reduced, unless no other feasible alternative location exists. d. Telecommunication facilities and appurtenances should not be situated between the primary building on the parcel and any public or private street adjoining the parcel. e. Telecommunication facilities should be located and designed to avoid blocking and/or substantially altering scenic views. f. Building mounted telecommunication facilities are encouraged rather than telecommunication towers. g. Building mounted telecommunication facilities should be integrated with existing structures. h. Telecommunication facilities should be designed and painted a color that blends with the surrounding natural or manmade features. i. Telecommunication facilities and appurtenances shall be screened by existing and/or proposed structures and landscaped to the extent possible without compromising reception and/or transmission. j. The design of fencing, landscaping, and other screening for telecommunication facilities shall be integrated and compatible with surrounding improvements. k. Multiple telecommunication facilities of reduced heights are encouraged to cover a service area where the visual impacts would be less than a single larger and more visually obtrusive tower. I. Co -location of commercial telecommunication towers and the use of the same site by multiple carriers is encouraged where feasible and found to be desirable. m. Monopoles or guyed/lattice towers are discouraged except where satisfactory evidence is provided demonstrating that a self-supporting tower is needed to provide the height and/or capacity necessary for the proposed facility and visual impacts would be minimized. n. All utility lines serving the facility shall be under -grounded. o. Each commercial telecommunication facility shall be installed in a manner that will maintain and enhance existing native vegetation. Suitable landscaping to screen the facility shall also be installed where necessary. p. All major commercial telecommunication facilities, other than government owned facilities, shall be prohibited in residential zones. q. All major commercial telecommunication facilities shall be located at least 75 feet from any habitable structure, except for a habitable structure on the property in which the facility is located. 3. Commercial transmission towers are prohibited. 4. Telecommunication facilities shall conform to the requirements of the FCC. C. Amateur Radio and Citizen's Band Antennas Amateur radio and citizen's band antennas shall comply with the following regulations, and all other applicable requirements of this section. Ordinance No. 2011-2362 88 Amending Title 18 — Land Use Code 1. The following amateur radio and citizen band facilities require Site Plan review only: a. An antenna facility that is not within the public view provided the facility otherwise complies with all other applicable provisions of this section. It shall be the responsibility of the applicant to prove that the proposed facility will not be in public view. b. No more than one ground mounted antenna per parcel, not to exceed 30 feet in height setback a distance equal to the height of the facility from the property line. c. No more than one building mounted antenna per parcel, not to exceed 12 feet in height above the highest part of the building. D. Receive -Only Television and Radio Antennas Receive -only TV and radio antennas shall comply with the following regulations, and all other applicable requirements of this section. 1. The following facilities require Site Plan Review only provided they comply with Subsection E: a. An antenna that is not within the public view provided the facility otherwise complies with all other applicable provisions of this section. It shall be the responsibility of the applicant to prove that the proposed facility will not be in public view. b. Ground mounted facility that is a satellite dish one meter (3.28 feet) or less in diameter. c. Building mounted facility that is a satellite dish one meter (3.28 feet) or less in diameter. E. Development Criteria for All Facilities Each antenna and other telecommunications facility, including exempt facilities, shall comply with the following requirements. 1. The antenna shall be accessory to the primary use of the property which is not a telecommunications facility. 2. No more than one citizen band, amateur radio, receive only TV or radio antenna tower is allowed per parcel. 3. Telecommunication facilities shall not be located within any setback area required by the applicable zoning district. 4. Antennas and appurtenances should not be installed between the primary structure and any private or public street adjoining the parcel unless sufficiently screened, and no other feasible alternative exists. 5. No portion of an antenna array shall extend beyond the property lines of the subject parcel, unless the affected property owner has given written consent to the encroachment and the consent has been recorded at the San Diego County Recorder. Any consent given under this condition shall set forth a procedure by which the consent may be terminated. 6. The facility shall be as small as possible and the minimum height necessary without compromising reasonable reception and/or transmission. 7. All hardware such as brackets, turnbuckles, clips, and similar items subject to rust or corrosion shall be protected by galvanizing or paint. 8. Satellite dishes shall be painted a color that blends with their surroundings. 9. Satellite dishes shall not be used as a sign or contain any advertising copy 10. Facilities shall be screened by existing and/or proposed structures and landscaping to the extent possible without compromising reception and/or transmission. 11. Each facility shall comply with all Federal, State, and City codes, including FCC and FAA standards. F. Permit Requirements A telecommunications facility shall require conditional use permit approval in compliance with this section, if not considered an amateur radio and citizen's hand antenna pursuant to Subsection C or exempt pursuant to Subsection D. 1. Conditional use permit required. a A conditional use permit is required for all commercial telecommunication facilities. The review authority for conditional use permits is the Planning Commission. Ordinance No. 2011-2362 89 Amending Title 18 — Land Use Code b. Application requirements for commercial facilities. In addition to the conditional use permit application requirements, the following information shall be submitted when applying for a telecommunications facility: i. A narrative description of the proposed facility, including the type of facility, type of technology and consumer services that provider will provide to its customers; ii. Area development, service area, and network maps; iii. Alternative site or location analysis; iv. Title reports; and v. Visual impact analysis, including photo montages, field mock ups, line of site sections, and other techniques shall be prepared by or on behalf of the applicant which identifies the potential visual impacts of the facility, at design capacity. Consideration shall be given to views from public areas as well as from private properties. The analysis shall assess visual impacts of the facility, and shall identify and include all technologically feasible mitigation measures. c. Exceptions. Exceptions to the requirements of this section may be granted through conditional use permit approval by the Planning Commission. G. Abandonment Upon abandonment of a telecommunication facility, the facility shall be removed by the applicant and/or property owner and, where applicable, the site shall be restored to its natural condition. 18.30.230 TOBACCO SPECIALITY SHOPS Tobacco specialty shops, where permitted pursuant to the Land Use Code, shall not be located within 1,000 feet of any school, playground, recreation center or facility, childcare center or library in the City of National City. 18.30.240 URBAN AGRICULTURE A. Purpose The purpose of urban agriculture is to ensure that urban garden areas are appropriately located and protected to meet needs for local food production, community health, recreation, community education, garden -related job training, environmental enhancement, preservation of green space, and community enjoyment. B. Definitions 1. "Coldframe" means an unheated outdoor structure consisting of a wooden or concrete frame and a top of glass or clear plastic, used for protecting seedlings and plans from the cold. 2. "Community farm" is an area of land larger than one -acre managed and maintained by an individual or group of individuals to grow and harvest food and horticultural products for shareholder consumption or for sale or donation. Shareholders may arrange to work on the farm in exchange for a share of the crops and/or pay for a portion of the crop in advance. A community farm may he a principal or accessory use. Sale and donation of food and horticultural products grown in the community farm may occur onsite. 3. "Greenhouse" means a building made of glass, plastic, or fiberglass in which plants are cultivated. 4. "Horne garden" means a garden maintained by one or more individuals who reside in a dwelling unit located on the subject property. Food and horticultural; products grown in the home garden may be used for personal consumption or for donation or sale. On -site sales are not permitted. A home garden is an accessory use to a principal residential use. 5. "Hoophouse" means a structure made of PVC piping or other material covered with translucent plastic, constructed in a "half -round" or "hoop" shape. Ordinance No. 2011-2362 90 Amending Title 18 — Land Use Code 6. "Neighborhood garden" is an area of land, one acre or less, managed and maintained by an individual or group of individuals to grow and harvest food and horticultural products for personal or group consumption, for sale or donation. A neighborhood garden may be divided into separate garden plots for cultivation by one or more individuals or may be farmed collectively by members of the group. Sale and donation of food and horticultural products grown in the neighborhood garden may occur on -site. A neighborhood garden may be a principal or accessory use. 7. "Rooftop garden" means any garden on the roof of a building. Besides the decorative benefit, roof plantings may provide food, temperature control, hydrological benefits, architectural enhancement, habitats or corridors for wildlife, and recreational opportunities. C. Permitted Primary Uses Cultivation of edible vegetables, flowers, herbs, fruits and other plants in the ground, in raised beds, and in greenhouses which may have occasional sales of items at the site. Safe of nonagricultural times is prohibited. D. Permitted Accessory Uses 1. Only the following accessory uses and structures shall be permitted in both neighborhood gardens and community farms: a. Open space associated with and intended for use as garden areas. b. Signs limited to identification, information and directional signs, including sponsorship information where the sponsorship information is clearly secondary to other permitted information on any particular sign, in conformance with the regulations of the signage sections. c. Benches, bike racks, raised/accessible planting beds, compost bins, picnic tables, seasonal farm stands, fences, garden art, rain barrel systems, and children's play areas. d_ Buildings, restroom facilities with composting toilets, and planting preparation houses. e. Off-street parking and walkways, in conformance with the regulations of Chapter 4. f. Tool sheds and shade pavilions. 2. Only the following accessory uses shall be permitted on community farms: a. Greenhouses, hoophouses, coldframes, and similar structures used to extend the growing season. b. Buildings limited to barns, restroom facilities with composting toilets, and planting preparation houses. c. Cold storage. d. Packing facilities. e. Market stands. E. Supplemental Regulations Uses and structures shall be developed and maintained in accordance with the following regulations: 1. Location. Buildings associated with a community farm or neighborhood garden shall be set back from property lines of a Residential District a minimum distance of ten feet, 2. Height. No building or other structure shall be greater than 16 feet in height. 3. Building Coverage. The combined area of all buildings, excluding greenhouses and hoophouses, shall not exceed 15 percent of the garden site lot areas for community farms and five percent for neighborhood gardens. Buildings and other structures may not exceed 12 feet in height. 4. Parking and walkways. Off-street parking shall be permitted only for those garden sites exceeding 15,000 square feet in lot area. Such parking shall be limited in size to 15 percent of the garden site lot area and must be surfaced in accordance with the parking section of this Land Use Code. Walkways shall be paved in accordance with the Americans with Disabilities Act (ADA). 5. Signs. Signs shall not exceed four square feet in area per side and shall not exceed six feet in height. Ordinance No. 2011-2362 91 Amending Title 18 — Land Use Code 6. Farm Stands. Farm stands that sell produce grown on site shall be removed from the premises or stored inside a building on the premises during that time of the year when the garden is not open for public use. 7. Interior fences. Fences around individual garden plots is permitted but not required. Interior fences shall be open and shall not exceed four feet in height. 8. Exterior fences. Fences located on the perimeter of a community farm or neighborhood garden shall not exceed six feet in height, shall be at least 50 percent open if they are taller than four feet, and shall be constructed of wood, chain link, or ornamental (tubular) steel. For any garden that is 15,000 square feet in area or greater and is in a location that is subject to design review and approval by the regulating authority, no fence shall be installed without review by the City Planning Division. 9. Operating rules. The garden management shall have an established set of operating rules addressing the governance structure of the garden, hours of operation, maintenance and security requirements and responsibilities; a garden coordinator to perform the coordinating role for the management of the community gardens; and, must assign garden plots according to the operating rules established for that garden. The name and contact number/address of the garden coordinator and a copy of the operating rules shall be kept on file with the City Planning Division. 10. Hours of Operation. Retail sales and all other public use of the farm shall begin no earlier than 7:OOAM and end by 7:OOPM every day of the week. F. Certain Activities Prohibited 1. Use of insecticides made from synthetic chemical materials is forbidden. 2. Use of synthetic herbicides and weed killers is prohibited. 3. Composting of animal parts is prohibited. 4. Production of intoxicating or poisonous plants is forbidden. 5. Use of chemical rodenticides, except for those that are acceptable under organic regulations. 6. Water, fertilizer, and other organic materials shall not drain onto adjacent property. 7. Use of barbed wire is prohibited. G. Procurement of Water 1. Procurement of water from public supplies should be negotiated between the Sweetwater Authority and the individual or organization conducting agricultural activities on the site. 2. Use of private sources of water, such as water delivered through a hose from a spigot attached to a participant's house, is permitted. 3. Use of onsite rainwater (i.e., rain barrels) shall be permitted providing it is not maintained for human consumption. 4. The use of water for irrigation shall be in conformance with Chapter 4, Section 18.44.190 (Water Efficient Landscape Regulations) of this Land Use Code. H. Toxic or Flammable Chemicals 1. Gasoline used for the operation of lawnmowers or other combustion engine -driven gardening machinery must be kept in sealed containers in locked, ventilated structures. 2. No flammable materials or other chemical except the permitted chemicals mentioned above may be used or stored for an urban agriculture land use. I. Machinery Tractors, lawnmowers, and other farm -related machinery may be used and stored a long as they are in good working order and do not create a nuisance as defined elsewhere in the Municipal Code J. Prevention of Growth of Poisonous or Injurious Weeds Parties using or otherwise occupying urban agriculture land uses are responsible for preventing the growth of those weeds defined as poisonous or injurious. Ordinance No. 2011-2362 92 Amending Title 18 - Land Use Code 2. Invasive species as defined by the California Native Plant Society and San Diego County American Society of Landscape Architects are not permitted and shall be promptly removed from the site. K. Handling and Preparation of Food for Sale Refer to County Health Department for rules regarding food and food establishments. These rules are to apply where parties involved in agriculture activities seek to sell food onsite. L. Soil Dangers and Toxicity 1. Prior to implementing neighborhood gardens and community farms and before any food products may be grown in topsoil, such soil should be tested for contaminants that would render it unsuitable for cultivation, including, but not limited to: lead and other toxic heavy metals; industrial solvents; gasoline; perciorethylene; and other chemicals that can be transmitted to people via soil contact or consumption of foods grown in such soil. 2. Area of dry, loose soil that may be moved by wind should be covered by mulch or plastic or otherwise confined. M. Rooftop gardens. For multi -unit residential buildings and residential care facilities, rooftop gardens are highly encouraged. Rooftop gardens are also permitted on nonresidential buildings. Rooftop gardens can be grown in containers or as a "green roof system". A rooftop must be structurally capable of supporting the additional weight of a rooftop garden and the people who use them. Rooftop gardens should: 1. Be accessible to all residents of a residential building. 2. Have access to water. 3. Be provided with a storage area for equipment, material, and gardening tools. 4. Have a minimum safety enclosure of 42 inches in height. 5. Be provided with shade if used by the elderly. 6. Be provided with a composting bin or bins. 18.30.250 VETERINARY HOSPITALS AND CLINICS A. Restriction on Types of Animals Served Veterinary clinics shall be limited to serving only those kinds of small domesticated animals or household pets commonly maintained in residence with man. B. Conditional Use Permit Required Veterinary hospitals or clinics shall be subject to the issuance of a conditional use permit. complying with the provisions of a Conditional Use Permit, such uses shall: 1. Be located no closer than 100 feet to any residential zone, or to any restaurant, hotel or 2. Show that adequate measures and controls have been taken to prevent offensive noise 3. Not allow the incineration of refuse or animal carcasses on the premises; 4. Not be operated as a kennel. 18.30.260 NEIGHBORHOOD CORNER STORES A. Purpose In addition to motel; and odor; The Neighborhood corner store is established largely to serve adjacent residential neighborhoods. The corner store allows for a small convenience store. Ordinance No. 2011-2362 93 Amending Title 18 — Land Use Code B. Applicability 1. Neighborhood corner stores are permitted in all residential zones, but limited to the following corner sites: a. Intersections of an arterial streets with an arterial street; b. Intersections of an arterial street with a collector street; c. Intersections of a collector street with a collector street. 2. The Circulation Element of the General Plan identifies the locations of all arterial and collector streets. C. Definition A small retail business (3,000 sq. ft. maximum) located in a residential area established for the sale of convenience goods limited to food, groceries, non-alcoholic beverages, toiletries, cleaning products, magazines and newspapers, indoor vending/ATM machines, lottery tickets, over-the-counter medication, and any other products determined by the City to be of the same general character as those listed here. The space devoted to the sale of non-food items shall be limited to 10 percent of the gross floor area. Corner stores are strongly encouraged to provide fresh produce. Outdoor vending machines are not permitted. A corner store may include a single residential unit. A corner store may be accessory to a residential unit. D. Permitted Locations Neighborhood corner stores are permitted in residential zones at intersections of collector and/or arterial streets. E. Setbacks 1. Front and corner side setback. Buildings shall be located between zero feet and ten feet from the front and/or corner side property line. 2. Side/rear setbacks. A corner store shall meet the minimum standards for setbacks of the residential zoning district that it is located. F. Parking Parking is allowed in rear yards but may be permitted in side yards by conditional use. Use of on street parking to meet the parking requirements of corner stores is permitted; however, the number of on street parking spaces used to meet the parking requirements may not extend further than 20 feet beyond the edge of the corner store parcel. G. Architectural standards 1. Building Footprint. The building footprint for any individual nonresidential building shall not exceed 3,000 square feet. The maximum length of building frontage is 75 feet. 2. Building Character. New buildings and renovations to existing buildings shall be harmonious with the character of nearby residential neighborhoods. 3. Drive -through Facilities. Drive through facilities are not permitted. 4. Outdoor Uses. Outdoor uses such as seating and display of fresh produce and flowers may be established consistent with Section 18.30.150 (Outdoor Display of Merchandise). Outdoor display of produce and flowers is limited to a maximum length of 15 percent of the front facing building facade or 15 percent if the facade facing a parking lot. Produce and flowers shall not obstruct the flow of pedestrian traffic. Ordinance No. 2011-2362 94 Amending Title 18 — Land Use Code H. Performance standards 1. Lighting. Lighting for the neighborhood corner store shall be appropriately shielded to not negatively impact the residential neighborhood. 2. Hours of operation. Neighborhood corner stores are only permitted to operate between the hours of 7:00am to 10:00prn. A neighborhood corner store shall be allowed to operate so that neighboring residents are not exposed to offensive noise, especially from traffic, routine deliveries or late night activity. 3. Noise. All neighborhood corner stores shall comply with the noise standards contained in Title 12. No amplified sound including music shall be audible to neighboring residents. 4. Sale of beer, wine, and alcohol prohibited. Neighborhood corner stores are not permitted to sell beer, wine, or other alcohol. Neighborhood corner stores shall not be permitted to apply for a conditional use permit to sell beer, wine, or other alcohol. 18.30.270 MOTELS A. Construction or expansion Any proposal for the construction or expansion of a motel in any zone shall comply with the following standards: 1. All motels shall have a manager's apartment. 2. Kitchen or kitchenette facilities are prohibited in all but the resident manager's unit. 3. All motels shall be located on lots that are at least 20,000 square feet in size and the minimum number of units provided shall be twenty. 4. Motel rooms shall be at least 300 square feet in size including the bathroom. 5. A swimming pool at least 525 square feet in size shall be provided on all sites. 6. On -site parking shall be provided in accordance with Chapter 4. 7. Landscaped areas shall be provided per Chapter 4. 18.30.280 MARKETS THAT SELL SEAFOOD Markets that sell fresh or frozen seafood that are less than 25,000 square feet in area shall be located a minimum distance of 300 feet from any residentially zoned properties. A conditional use permit shall be required for all markets that sell fresh or frozen seafood. This section shall not apply to manufacturers' of prepackaged frozen products. 18.30.290 BED AND BREAKFAST INNS A. Conditions for operating a bed and breakfast inn 1_ Permitted in any residence listed on the City's list of historic properties subject to the issuance of a conditional use permit. 2. Operated as an accessory use to the owner's residential use. The bed and breakfast inn shall be operated by the owner of the property only. 3. Check-in/check-out time shall be between 9:00a.m. and 8:00p.m. only. 4. Breakfast shall be the only meal served to guests. 5. No long-term rental of rooms shall be permitted. The maximum stay for guests shall be seven days. 6. No cooking facilities shall be allowed in the guest rooms. 7. If the use at any time becomes unduly intrusive to the neighborhood, the permit may be revoked at the discretion of the Planning Commission. The decision of the Planning Commission shall be final. 8. The historic character of the structure shall be maintained. 9. Bed and breakfast inns shall comply with all applicable adopted City fire and building codes. 10. The number of rooms permitted in the bed and breakfast inn shall be specified in the conditional use permit. Ordinance No. 2011-2362 95 Amending Title 18 — Land Use Code B. Design requirements The following design requirements shall apply to all bed and breakfast inns: 1. Parking shall be provided at a ratio of one off-street parking space for each guest room plus two spaces for the owner's unit. In addition, one space shall be provided for each employee of the shift of maximum employment. 2. One sign shall be permitted subject to approval of the Planning Commission at the time of the conditional use permit consideration. Such sign shall be compatible with the historic character of the structure in design, color and materials. The sign shall not exceed twelve inches wide by sixteen inches long and shall be mounted at a maximum height of four feet. Modification of the sign, at a later time, shall be subject to approval of the City Manager or his/her designee in accordance with site plan review. 3. Bed and breakfast inns shall comply with the design regulations for the underlying zone in which the site is located. 4. Bed and breakfast inns shall be subject to the provisions of site plan review. C. Preliminary Departmental Review Prior to submittal for a conditional use permit to operate a bed and breakfast inn, the applicant may request that the Building Official, or his/her designee, and the Fire Marshal, or his/her designee, conduct an inspection of the proposed bed and breakfast inn. After such inspection the applicant will be notified of the findings of the preliminary inspection and given a tentative list of modifications that will be required for the structure as conditions of the conditional use permit. Upon submission of the conditional use permit application and review by the departments, the above list may be added to or deleted from. The Planning Commission shall consider the findings of the Director of Building and Safety and the Fire Chief when considering the conditional use permit. 18.30.300 SOLAR ENERGY SYSTEMS Solar collectors are permitted outright as an accessory use to any principal use subject to the following standards: Solar collectors are not considered as "reflective roofing materials" and there is no limit to the specific percentage of roof coverage. A. Allowed Height of Solar Energy Systems 1. Single-family: Except within the coastal zone, photovoltaic solar energy systems may extend up to five feet above the height limit in the zoning district. Solar water or swimming pool heating systems may extend up to seven feet above the height limit in the zoning district; 2. All other properties: Except within the coastal zone, photovoltaic solar energy systems may extend up to five feet above the roof surface on which they are installed, even if this exceeds the maximum height limit in the district in which it is located. Solar water or swimming pool heating systems may extend up to seven feet above the roof surface on which they are installed even if this exceeds the maximum height limit in the district in which it is located. B. Side & Rear Yard Setbacks Excluding solar collector panels, solar energy system equipment may be installed within the required side and rear yard but shall not be closer than three feet to any property line. C. Visibility of Solar Energy Systems 1. Excluding solar collector panels, their necessary support structure, and conduit, solar energy systems shall riot be visible from the public right-of-way adjacent to the front property line, 2_ Solar collector panels, their necessary support structure, and conduit, shall be installed in the location that is the least visible from abutting streets directly facing the subject property so long as installation Ordinance No. 2011-2362 96 Amending Title 18 -- Land Use Code in that location does not significantly decrease the energy performance or significantly increase the cost of the solar energy system as compared to a more visible location. 3. Solar collector panels, not located on the rooftop of a primary structure, garage, or accessory structure on lots adjacent to RS-land RS-2 zones shall be limited to a maximum height of six feet. Solar collector panels located in all other zones shall comply with the maximum height permitted for an accessory structure in said zone. D. Solar collectors on historic properties 1. Add solar panels on roof surface or roof surfaces not visible from a public street or park. However, solar shingles may be added to a roof surface visible from a public way if low or non -reflective shingles are used. 2. Place solar panels or other solar devices on a non -character -defining roofline of a non -primary elevation (not readily visible from public streets). Run solar panels and devices parallel to the original roofline. 3. Set solar panels and solar devices back from the edge of a flat roof to minimize visibility. Panels and devices may be set at a pitch and elevated, if not highly visible from public streets. 4. Select solar panels, solar devices, mechanical equipment and mounting structures with non -reflective finishes such as an anodized finish. 5. Where permitted, paint mechanical equipment attached to the building fascia the same color as the fascia in order to blend into the building. 6. Locate detached arrays of solar panels and solar devices at a historic site in the rear or side yard if the arrays are not highly visible from the public streets or public parks and do not detract from other major character defining aspects of the site. The location of detached solar arrays should also consider visibility from adjacent properties, which shall be reduced to the extent possible while still maintaining solar access. 7. Use solar devices in non -historic windows, walls, siding or shutters that do not face public streets. 8. Use solar panels and solar devices that are similar in color to roof materials, if available. 18.30.310 TATTOO PARLORS AND BODY -PIERCING ESTABLISHMENTS A. Restrictions 1. No tattoo or body piercing establishment shall be located within one -mile of another such establishment. 2. Tattoo parlors and body -piercing establishments shall be located no less than 1,000 feet from a church, school, or playground. 3. Tattoo parlors and body -piercing establishments shall be no closer than 250 feet from a residential zone. 4. No tattoo and body -piercing establishments shall be located east of Interstate 805. 5. A conditional use permit is required. 18.30.320 PAWN SHOPS AND BUSINESSES ENGAGED IN SECONDHAND DEALING AND/OR THE PURCHASE AND SELLING OF GOLD AND OTHER PRECIOUS METALS A. Restrictions 1. No pawn shops and businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals shall be located within 2,000 feet of another such business. 2. Pawn shops and businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals shall be no closer than 250 feet from residential zones. 3. No pawn shop or businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals shall be located east of Interstate 805. 4. A conditional use permit is required. Ordinance No. 2011-2362 97 Amending Title 18 — Land Use Code 5. A pawn shop or businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals which provides payday lending is not exempt from the regulations of payday lenders. 18.30.330 PAYDAY LENDERS A. Restrictions 1. No more than 12 payday lending establishments shall be allowed within National City. 2. Payday lenders shall be located within shopping centers of 50,000 square feet or more and within a multi -tenant building. 3. A conditional use permit is required. 4. A pawn shop which provides payday lending is not exempt from these regulations. 18.30.340 A. Prohibition 1. Medical Marijuana Dispensaries are prohibited. B. Definitions 1. 2. MEDICAL MARIJUANA DISPENSARIES For purposes of this section, "Medical Marijuana Dispensary" shall mean a facility where marijuana is made available for medical purposes in accordance with Section 11362.5 of the California Health and Safety Code. For purposes of this section, "Marijuana" shall have the same meaning as the definition of that word in Section 11018 of the California Health and Safety Code. 18.30.350 AUTO BODY USES A. General Operation and Maintenance 1. A separate Business License shall be required of all autobody businesses operating within the City. 2, An Integrated Maintenance and Operational Plan (IMOP) shall be required of all new autobody businesses. The IMOP shall be maintained on site and provided upon request. The plan shall be in addition to, and complementary with, California's required Injury and Illness Program (IIP). 3. All autobody activities shall be conducted entirely within a building. All sanding, mixing and other pre - painting activities, as well as painting activities, are prohibited to be performed outside of a building, B. Air Pollution 1. Separate spray booths and mixing rooms shall be required. Paint spray booths shall include appropriate ventilation and filtration systems, as well as exhaust filters and/or overspray arrestors. 2. Low -volatile organic compound (VOC)-content paints shall be utilized for all painting processes (e.g., pretreatment coating, primer, paint). 3. All relevant federal, state and/or local air quality authority permits shall be required for new and renewing businesses. All such permits shall be kept current and copies provided with the application for or annual renewal of a City business license. 4. Emissions shall be at least 98% efficient in accordance with the National Emission Standards for Hazardous Air Pollutants (NESHAP), Subpart HHHHHH, or current standard in place at the time of application. Ordinance No. 2011-2362 98 Amending Title 18 — Land Use Code C. Hazardous Materials 1. Where possible, hazardous materials, such as used oil, used oil filters, antifreeze, solvents and other materials, shall be recycled. During storage prior to recycling, all waste fluids shall be stored in separate containers. 2. All flammable or combustible materials shall be stored a minimum of 50 feet from the front property line. All such storage shall comply with the adopted Uniform Fire Code. 3. Prep stations or work areas which allow sanding, mixing and other pre -painting activities shall be separated from open work areas. All such prep stations shall be located within separate and properly ventilated areas of the facility where hazardous materials can be controlled. 4. Where practical, floor drains shall not be installed in spray booth areas. If floor drains are necessary, a control system shall be installed that captures and contains waste streams. 5. Floor drains cannot connect to stormwater or sanitary sewer systems near any spray booth areas, hazardous material storage areas (e.g., mixing rooms), or hazardous waste storage areas. 6. All new autobody facilities shall use reusable cloth rags and towels. Rags and towels for disposal shall be stored in a marked container and disposed of at an approved facility. 7. All waste streams, including paints, solvents and automobile fluids, shall be separated and clearly labeled. All containers shall remain closed except when adding or removing waste. D. Parking and Site Layout 1. Parking for auto body uses shall be provided at a ratio of one parking space per 500 square feet of gross floor area. All such parking area shall be located at the rear of the property. 2. Separate ingress and egress shall be provided for new auto body uses. Driveways shall be designed so that vehicles exiting the property may do so in a forward direction. 3. Auto body uses shall be located a minimum of 500 feet from schools or residential properties, as measured from property line to property line. 4. Vehicle access doors (e.g. bay doors, garage doors, roll -up doors) shall be located at the rear of the property. In the case of a corner lot or non -vehicular right-of-way, other methods of screening may be used. 5. Queuing in front of vehicle entry doors shall be provided for no more than four cars. Vehicles in the queue shall not block traffic flow on the property. The queuing area shall be a minimum of 24 feet wide and a maximum of 104 feet long. 6. All vehicle loading and unloading areas shall be located behind the building. E. Noise 1. All repair activities shall be in accordance with Title 12 (Noise Control) of the National City Municipal Code. F. Vehicle Storage 1 All new auto body uses shall provide a minimum of 500 square feet and a maximum of 2,000 square feet of vehicle storage area. 2. Vehicle storage time shall not exceed 30 days. Vehicles awaiting repair shall be stored in a designated storage area and shall not be stored in parking or other open areas. 3. No vehicles shall be stored on adjacent streets or within the public right-of-way. G. Security and Fencing 1. All vehicle storage areas shall be screened from adjacent properties. 2. Fencing or screening shall be solid and decorative in nature, and shall be a minimum of six feet high and a maximum of eight feet high. Ordinance No. 2011-2362 99 Amending Title 18— Land Use Code H. Pollution Prevention 1. No hazardous materials shall be released into any groundwater system. Waste disposal systems including, but not limited to, discharge pits, dry wells, cesspools, septic system drain fields or shallow injection wells are prohibited. 2. Floor drains shall connect to a holding area or separator to collect waste, which shall be disposed of separately. 3. A Storm Water Pollution Prevention Plan (SWPPP) shall be required for all new autobody businesses. The SWPPP shall be consistent with Chapter 14.22 of the National City Municipal Code and shall be available at any time for review by city inspectors. 18.30.360 FAST FOOD EATING PLACES Fast food eating places shall be located a minimum of three hundred feet from any residential zoned properties. Ordinance No. 2011-2362 1 00 Amending Title 18 — Land Use Code DIVISION 3 CHAPTER 18.30 Sections: SPECIFIC USE REGULATIONS 18.30.010 Purpose 18.30.020 Applicability 18.30.030 Adult -Oriented Businesses 18.30.040 Automobile Impound and Storage Yards 18.30.050 Sale of Alcoholic Beverages and Live Entertainment 18.30.060 Auto Body and Paint Shops 18.30.070 Child Day Care Centers 18.30.080 Family Day Care Homes 18.30.090 Condominium Conversions 18.30.100 Conversions to Nonresidential Use 18.30.110 Emergency Shelters 18.30.120 Hazardous Waste Facilities 18.30.130 Helicopter Operations 18.30.140 Mobile Homes and Similar Temporary Structures 18.30.150 Outdoor Display or Sale of Merchandise 18.30.160 Outdoor Storage 18.30.170 Recycling Collection Facilities 18.30.180 Scrap Metal Processing 18.30.190 Service Stations and Convenience Stores with Gasoline Pumps 18.30.200 Sidewalk Cafes 18.30.210 Small Wind Energy Systems 18.30.220 Telecommunications Facilities 18.30.230 Tobacco Specialty Shops 18.30.240 Urban Agriculture 18.30.250 Veterinary Hospitals and Clinics 18.30260 Neighborhood Corner Stores 18.30.270 Motels 18.30.280 Markets that Sell Seafood 18.30.290 Bed and Breakfast Inns 18.30.300 Solar Energy Systems 18.30.310 Tattoo and Body Piercing Establishments 18.30.320 Pawn Shops and Businesses Engaged in Secondhand Dealing and/or the Purchase and Selling of Gold and Other Precious Metals 18.30.330 Payday Lenders 18.30.340 Medical Marijuana Dispensaries 18.30.350 Auto Body Uses 18.30.360 Fast Food Eating Places 18.30.010 PURPOSE This chapter provides site planning, development, and/or operating standards for certain land uses that are allowed by Chapter 2 and for activities that require special standards to mitigate their potential adverse impacts. The standards for specific uses in this chapter supplement and are required in addition to those in Chapter 2 and Chapter 4. In the event of any conflict between the requirements of this chapter and those of Chapters 2 and 4, the requirements of this chapter shall control. Ordinance No.2011-2362 60 Amending Title 18 — Land Use Code 18.30.020 APPLICABILITY The land uses covered by this chapter shall comply with the provisions of the sections applicable to the specific use, in addition to all other applicable provisions of this Land Use Code. The uses that are subject to the standards in this chapter shall be developed in compliance with the requirements of Chapter 2. 18.30.030 ADULT -ORIENTED BUSINESSES A. Purpose 1. It is the purpose of this chapter to establish reasonable and uniform content -neutral regulations to decrease blight and crime by either dispersing adult -oriented businesses, or by shifting part of the burden of regulating such businesses to the private sector by placing them in locations which minimize the negative secondary effects of such businesses. 2. It is the intent of this chapter that these regulations be utilized to serve the substantial interest of the city in preventing problems of blight and deterioration which accompany and are brought about by adult -oriented businesses, which allowing reasonable alternative locations for those businesses. 3. In enacting this chapter, the City Council is relying upon the experiences of the City of National City and upon the experiences and studies of other municipalities concerning the deleterious effects of adult -oriented businesses, which this chapter is intended to curtail. B. Definitions It is the purpose of this section to provide clear and concise definitions of those words, terms and phrases most commonly utilized in the regulations and provisions of this chapter in order to assist in the uniform interpretation of such regulations and provisions and to insure uniformity in their application. It is intended that the following words, terms and phrases, whenever used in this chapter, shall be construed as defined in the following subsections, unless from the context a different meaning is specifically defined and more particularly directed to the use of such words, terms or phrases. It is also intended that those definitions and interpretations set forth in Section 1.04.010 and the Glossary shall be used for purposes of uniformity of interpretation and application of the regulations and provisions of this chapter but only where they do not conflict with any definitions or interpretation set forth in this chapter. 1. "Specified anatomical areas" means and includes any of the following: a. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areolae; or b. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. 2. "Specified sexual activities" means and includes any of the following: a The fondling or other touching of human genitals, public region, buttocks, anus or female breast c. Sex acts, normal or perverted, actual or simulated; or d_ Masturbation, actual or simulated; or e. Excretory functions as part of or in connection with any of the activities set forth in this subsection. 3. "Adult bookstore" is an establishment that devotes more than fifteen percent of the total floor area utilized for the display of books and periodicals to the display and sale of the following: a. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides, tapes, records or other forms of visual or audio representations which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or b. Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities. Ordinance No. 2011-2362 61 Amending Title 18 — Land Use Code c. An adult bookstore does not include an establishment that sells books or periodicals as an incidental or accessory part of its principal stock -in -trade and does not devote more than fifteen percent of the total floor area of the establishment to the sale of books and periodicals. 4. "Adult motion picture theater" is an establishment, with a capacity of fifty or more persons, where, for any form of consideration, films, motion pictures, video cassettes, compact discs, digital video discs, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons. 5. "Adult mini -motion picture theater" is an establishment, with a capacity of more than five but less than fifty persons, where, for any form of consideration, films, motion pictures, video cassettes, compact discs, digital video discs, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons. 6. "Adult motion picture arcade," to include without limitation a peep show, is any place to which the public is permitted or invited wherein coin or slug -operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image -producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas. The image -producing device or peep show device shall also include any other device by or through which electronic, video, photographic, cinematic, digital, or computer -generated images depicting specified anatomical areas or specified sexual activity defined by this section are or can be reflected or projected onto an external screen or be internally projected, generated or reflected onto a screen that is an integral part of the device itself. 7. "Adull drive-in theater" means an open lot or part thereof, with appurtenant facilities, devoted primarily to the presentation of motion pictures, films, theatrical productions and other forms of visual productions, for any form of consideration, to persons in motor vehicles or on outdoor seats, and presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons. 8. "Adult cabaret" is a night club, bar, restaurant, cabaret or similar establishment which may serve food or alcoholic or non-alcoholic beverages, or both, and which, for consideration, regularly features live performances or films, motion pictures, video cassettes, compact discs, digital video discs, slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or the exposure of specified anatomical areas for observation by patrons or attendees. 9. "Adult motel" is a motel or similar establishment offering public accommodations for any form of consideration which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, compact discs, digital video discs, slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. 10. "Adult theater" is a theater, concert hall, auditorium or similar establishment, either indoor or outdoor in nature which, for any form of consideration, regularly features live performances which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified sexual activities or by exposure of specified anatomical areas for observation by patrons. 11. "Adult model studio" is any establishment open to the public where, for any form of consideration, one or more persons display or expose any portion of specified anatomical areas to be observed, sketched, drawn, painted, sculptured, photographed, videoed or be similarly viewed or depicted by any person, other than the proprietor, who pays a consideration to either the proprietor, an employee of the proprietor or the model. This definition shall also include, without limitation, a "lingerie modeling establishment." a. This definition shall not apply to any school of art which is operated by an individual, firm, association, partnership, corporation or institution which meets the requirements established in the Education Code of the state of California for the issuance or conferring of, and is in fact authorized thereunder to issue and confer a diploma. Ordinance No. 2011-2362 62 Amending Title 18 -- Land Use Code 12. "Sexual encounter establishment" is an establishment, other than a hotel, motel or similar establishment offering public accommodations, which, for any form of consideration, provides a place where two or more persons may congregate, associate or consort in connection with specified sexual activities or the exposure of specified anatomical areas. This definition does riot include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the state of California engages in sexual therapy. a. For the purposes of this chapter, sexual encounter center shall include massage or rap parlor and other similar establishments_ 13. 'Body painting studio" is an establishment or business which provides the service of applying paint or other substance whether transparent or nontransparent to or on the human body when such body is wholly or partially nude in terrns of specified anatomical areas. 14. "Massage parlor" is an establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the state of California. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service. 15. "General motion picture theater" is a building or part of a building intended to be used for the specific purposes of presenting entertainment as defined in this chapter, or displaying motion pictures, slides or closed circuit television pictures before an individual or assemblage of persons, whether such assemblage be of a public, restricted or private nature, except a home or private dwelling where no fee, by way of an admission charge, is charged; provided, however, that any such presentations are not distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas in that any such depiction or description is only incidental to the plot or story line. 16. "Legitimate or live theater" is a theater, concert hall, auditorium or similar establishment which, for any fee or consideration, regularly features live performances which are not distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas in that any such depiction or description is only incidental to the primary purpose of the performance. 17. "General bookstore" is an establishment engaged in the buying, selling and/or trading of new and/or used books, manuscripts and periodicals of general interest. A general bookstore does not include an establishment that is encompassed by the definition of adult bookstore. 18. "School" is an institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school or any special institution of learning under the jurisdiction of the State Department of Education, but it does not include a vocation or professional institution or an institution of higher education, including a community college. 19. "Establishing an adult -oriented business," as used in this chapter, means and includes any of the following: a. The opening or commencement of any such business as a new business; b. The conversion of an existing business, whether or not an adult -oriented business, to any of the adult -oriented businesses defined in this chapter; or c. The addition of any of the adult -oriented businesses defined herein to any other existing adult - oriented business; or d. The relocation of any such business. 20. "Transfer of ownership or control," as used in this chapter, means and includes any of the following: a. The sale, lease or sublease of an adult -oriented business: b. The transfer of securities which constitute a controlling interest in such business, whether by sale, exchange or similar means; or c. The establishment of a trust, gift or other similar legal device which transfers the ownership or control of such business, except for transfer by bequest or other operation of law upon the death of the person possessing such ownership or control. Ordinance No. 2011-2362 63 Amending Title 18 Land Use Code 21 _ "Sale and display of paraphernalia and literature commonly associated with the use of narcotics and co' rilll i substances (headshops)" is an establishment or place where more than fifteen percent of the tiai area in any room is used for the sale and display of such paraphernalia and literature, including but not limited to cocaine and sniffing kits, glass mirrors for cutting cocaine, snorting spoons and sr'..:; strainers to sift cocaine, water pipes (bongs), everyday items with special removable tops that !lave been converted to conceal narcotics and drugs, including simulated beer cans, oil cans and plastic photograph film vials, "roach clips" (for holding marijuana cigarettes), or books and magazines extolling the use of narcotics or controlled substances. Such a place is an adult -oriented business. This definition does not limit licensed pharmacies in selling and displaying paraphernalia that is medical equipment prescribed by licensed medical practitioners. 22. A "private viewing room" is an area separated from the sales or display area of the establishment by i,an wall, door, shade or similar obstruction thus allowing the private viewing of video tapes, compact discs, digital video discs, movies, transparencies, films or projectable motion pictures by customers at the establishments. 23. "Video cassette, compact disc, digital video disc sales and rentals —adult" is the same as "adult bookstore." 24. 'Video games --adult" are coin -operated electronic game machines having visual displays and animation that depict in any manner, any sort of activity characterized by exposure of "specified anatomical areas" or "specified sexual activities." 25. "Sexually oriented business" is any business in which: a. Specified sexual activity occurs or specified anatomical areas are exposed, or both, by a patron, attendee, employee or independent contractor for any form of consideration paid or furnished to the owner, proprietor, an employee of the owner or proprietor, or to an independent contractor at the location or premises; or b. Material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activity or specified anatomical areas, or both, is displayed, sold or provided for consideration on a regular basis. 26. "Consideration," as used in this chapter, means a payment or transfer of money or other thing of value exceeding a total of one cent to an owner or proprietor, an employee of the owner or proprietor, or to a performer, independent contractor or entertainer at the establishment, without regard to: a. Any donative intent of the payer, transferor or donor; b. The time of payment or transfer; or c. Whether the payment or transfer was for admission to the establishment or for merchandise, food or beverage displayed or sold at or on behalf of that establishment. 27. "Lingerie modeling establishment" means an establishment where, for consideration and for viewing by a patron at that establishment, a person either: a. Wears and displays undergarments, lingerie, underwear and similar articles of intimate apparel which cover those areas which constitute specified anatomical areas; or b. Changes from one costume into another in the presence of a patron or patrons and thereby exposes one or more specified anatomical areas to that patron or patrons. This definition shall not, however, be construed so as to apply to a commercial retail or wholesale establishment that principally and customarily sells clothing and related wearing apparel and where specified anatomical areas are not exposed to customers during demonstration displays of merchandise for sale. C. Prohibitions 1. No person or entity shall own, establish, operate, control or enlarge or cause or permit the establishment, operation, enlargement or transfer of ownership or control, except pursuant to Section 18.30.030(F), of any of the following adult -oriented businesses if such adult -oriented business is or would be within 1,500 feet of another adult -oriented business, within 1,500 feet of any school or public park within the city, or within 1,000 feet of any residentially zoned property in the city: a Adult bookstore; b. Adult motion picture theater; c. Adult mini -motion picture arcade (peep shows): d. Adult arcade; Ordinance No. 2011-2362 64 Amending Title 18 — Land Use Code e. Adult drive-in theater; f. Adult cabaret; g. Adult motel; h. Adult theater; i. Adult model studio; j. Body painting studio; k. Massage parlor; 1. Any sexually oriented business; m. Adult video games; n. Adult video cassette sales and rentals; o. Sexual encounter establishments; p. Lingerie modeling establishment. 2. An establishment listed in this section shall not be established, operated, enlarged or transferred unless the provisions of the zone in which the site or proposed site is located permit such a use. The conduct of such establishment and the use of premises shall otherwise comply with the Land Use Code and all other applicable regulations. 3. Nothing in this chapter prohibits the location of adult -oriented businesses within retail shopping centers in all commercial and major mixed -use zones wherein such activities will have their only frontage upon enclosed malls or malls isolated from their direct view from public streets, parks, schools, churches or residentially zoned property. 4. Massage parlors, and sexual encounter establishments shall be permitted only upon the prior issuance of a conditional use permit. 5. The location of an adult -oriented business listed in Subsection Cl [with the exception of Subsections (C)(1k) and (C)(1o)] within any new or existing retail center, as specified in Subsection C3, shall not require a conditional use permit D. Measure of Distance The required minimum distance between any two adult -oriented businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each such business. The distance between any adult -oriented business and any public school, public parks or residential zoned land shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the adult -oriented business to the closest property line of the public school, public park or residential zone. E. Development and Maintenance Standards All adult -oriented businesses hereafter commenced shall, in addition to compliance with the Land Use Code, comply with these specific requirements: 1. Signs. Except for theater marquee signs, changeable copy signs, temporary signs and small permanent signs are not permitted. In addition to the requirements of Section 18.62.020 for permit approvals, all sign permits shall be subject to review and approval by the Planning Commission_ 2. Exterior Painting. Buildings and structures shall not be painted or surfaced with garish colors or textures or any design that would simulate a sign or advertising message. 1 Advertisements, displays of merchandise, signs or any other exhibit depicting adult -oriented activities placed within the interior of buildings or premises shall be arranged or screened to prevent public viewing from outside such buildings or premises. 4. No outdoor loudspeakers or other outdoor sound equipment advertising or directing attention to an adult -oriented use is allowed. 5. Upon order of the City Manager, graffiti appearing on any exterior surface of a building or premises, which graffiti is within public view, shall he removed, and that surface shall be restored within seventy-two hours of notification to the owner or person in charge of the premises. 6. All exterior windows that are visible to the public must be opaquely covered. Ordinance No. 2011-2362 65 Amending Title 18 — Land Use Code F. Exceptions 1. Nothing in this section prohibits the transfer of principal ownership or control of adult -oriented uses permitted under Subsections 18.30.030(C) 3 or 18.30.030(C) 5_ 2. Notwithstanding any other provision of this code to the contrary, the provisions of this chapter shall be applicable to all land within the City, including all redevelopment project areas now in existence or hereafter established. G. Other Regulations, Permits or Licenses 1. Effect. The provisions of this chapter do not waive or modify any other provision of this code. Adult - oriented businesses shall comply with all applicable provisions of law and this code. 2. Reference. This list is not all-inclusive and is inserted here for reference only; other applicable regulations include, but are not limited to the following chapters: H. Protection of Minors Adult -oriented business shall not allow the admission of minors and shall otherwise comply with Chapter 10.62_ An attendant shall be present at all times during hours of operation to deny admittance to minors. I. Private Viewing Rooms It is unlawful for any person or entity which is subject to the regulations of this chapter, and which sells or rents prerecorded video tapes, movies, transparencies, films, projectabie motion pictures or equipment used for showing any or all of these items, to offer or allow the viewing of these materials in private viewing rooms, as defined in Subsection B-22. J. Constitutional Severability The City Council declares that the invalidity of any section or portion of this chapter shall not affect the validity of any other remaining section or portion; that the City Council would have adopted each of those remaining portions notwithstanding any later declared invalid. If any portion determined to be invalid can he severed or be judicially interpreted in a way that could harmonize it with the remaining provisions, then it may either be severed or be judicially interpreted and, as interpreted, be applied so as to give full purpose, meaning and effect to the remaining provisions of this chapter_ 18.30.040 AUTOMOBILE IMPOUND AND STORAGE YARDS A. Conditional Use Permit -Required Any application for a permit to establish an automobile impound and storage yard shall be subject to the issuance of a conditional use permit. The permittee must be a successful bidder of a contract with the City to participate in the assignment of service calls on police -impounded automobiles. No permit shall be granted to premises located east of National City Boulevard. This section does not apply to storage only yards. See Section 18.30.160 (Outdoor Storage) for storage only regulations. B. Yard Area Requirements The conditional use permit shall require, for its issuance, that the proposed storage area meet the following criteria: 1. The storage area shall be in a building or enclosed by a solid fence or wall at least eight feet in height. The construction and maintenance of a required fence shall be in accordance with Section 18- 43. 2. No sign, picture, transparency, advertisement or mechanical device which is used for the purpose of or does advertise or bring to notice any person or persons, or article or articles of merchandise, or Ordinance No. 2011-2362 66 Amending Title 18 — Land Use Code any business or profession, or anything that is to be or has been sold, bartered or given away, shall he placed or maintained, or caused to be maintained, upon the outward face of such fence or wall. 3. The storage area must contain a gross surface of not less than 10,000 square feet nor more than 15,000 square feet devoted to the storage of wrecked vehicles. 4. The storage area, including driveways and access roads, shall be surfaced with asphalt cement, or decomposed granite with oil. 5. The storage area shall be served by drainage facilities adequate to prevent the accumulation of standing water. The City Engineer shall determine the adequacy of proposed drainage facilities. 6. Gates in the fence or wall surrounding the storage area shall be constructed of new material, the same height as the fence or wall. No gate shall swing outward. All gates shall be kept closed except when vehicles or pedestrians are exiting or entering the premises. As an alternative to closing all gates, an interior screening fence may be erected so as to prevent public view of the contents of the storage yard during times when the gates are open_ 7. A four -foot setback from dedicated streets is required. The setback area and the parkway area shall be landscaped with trees, shrubs, or other ground cover in accordance with Section 18-44 and adopted guidelines. 8. Exterior floodlighting, when used, shall be directed away from adjacent property and streets. All lights shall be shielded in such a manner that the light there from will fall only on the same premises upon which such light source is located. 9. A conditional use permit shall not be granted for an area visible from a freeway unless all wrecked vehicles can be stored out of sight of adjacent freeways. C. Rules of Operation The conditional use permit shall require, for its issuance and continued validity, that permitted storage operations be conducted pursuant to the following rules: 1. Stripping of automobiles, removal of parts, and dismantling, salvaging or junking shall be prohibited; provided, however, that the permittee may remove articles required to be removed to permit scrapping of the impounded vehicles. Removed parts may be accumulated for thirty days on the licensed premises. 2. All inflammable liquids shall be removed from any unregistered or scrapped vehicle. 3. Stored material and vehicles shall be so arranged that reasonable inspection of all parts of the premises can be made at any time by fire, health, police, planning and building authorities. 4. Trash containers shall be installed and maintained on the premises, and the premises shall be kept free of trash at all times. 5. Wrecked vehicles shall be disposed of in an expeditious manner, and no vehicle shall be retained in storage in excess of three months from the date of impoundment. Upon recommendation of the chief of police of the City or order of a court of competent jurisdiction, the City Council may extend the storage time. 6. No article shall be piled higher than the enclosing fence or wall, or nearer than two feet to the enclosing fence or wall_ D. Conditional Use Permit -Expiration A conditional use permit granted under the provisions of this title will expire upon the revocation, expiration, or cancellation of a permittee's contract with the City. E. Conditional Use Permit -Revocation for Violation Violation of any requirement of this title is grounds for revocation of a conditional use permit. Ordinance No. 2011-2362 67 Amending Title 18 — Land Use Code 18.30.050 SALE OF ALCOHOLIC BEVERAGES AND LIVE ENTERTAINMENT A. Conditional Use Permit -Required A conditional use permit is required for the sale of alcoholic beverages, whether for on -site or off -site consumption- B. Conditional Use Permit -Additional Notice Required In addition to notices required pursuant to Section 18.12.050 (Noticing and Public Hearings), written notice for a public hearing on a conditional use permit for the sale of alcoholic beverages shall be provided to owners and occupants of property within a radius of 660 feet of the exterior boundaries of the property where the sale of alcoholic beverages is proposed. C. Community Meeting -Required Prior to the public hearing, the applicant shall hold a community meeting to inform residents of a proposal for the sale of alcoholic beverages. The applicant shall provide to the Planning Division documentation of the meeting and input received. D. Distance Requirements Establishments where alcoholic beverages are sold for on or off -site consumption shall be located as follows: 1. 1iquor stores, or other businesses where the principal use involves the sale of alcohol for off -site consumption, shall be: a. A minimum of 660 feet from any public school (kindergarten through twelfth grade) within the boundaries of the City; and b. A minimum of 500 feet apart. 2. Bars and cocktail lounges or other establishments where the sale of alcoholic beverages for on -site consumption is the principal use, shall be: a. A minimum of 660 feet from any public school (kindergarten through twelfth grade) within the boundaries of the City; and b. No less than 1,000 feet apart. 3. Restaurants where the sale of alcoholic beverages for on -site consumption is accessory or incidental to the principal use shall be a minimum of 660 feet from any public school (kindergarten through twelfth grade) within the boundaries of the City; except that this distance requirement shall not apply to restaurants (other than fast-food restaurants with drive -through service) where at least thirty percent of the floor area of the building is comprised of seating area. 4. Private clubs or lodges, bowling alleys, theaters and other establishments where the sale of alcoholic beverages is accessory or incidental to the principal use shall be: a. A minimum of 660 feet from any public school (kindergarten through twelfth grade) within the boundaries of the City; and b_ No closer than 500 feet apart. This limitation shall not apply to restaurants. 5. No minimum distances from schools or other uses are required for grocery stores, convenience stores or other retail establishments involving the sale of alcohol for off -site consumption as an accessory use. E. Measure of Distance For the purposes of Section 18.30.050(D) (Distance Requirements): 1. The distance between any two establishments that sell alcoholic beverages shall be measured in a straight line without regard to intervening structures from the closest exterior structural walls of the establishments. Ordinance No. 2011-2362 68 Amending Title 18 — Land Use Code 2. The distance. between any establishment selling alcohol and a school shall be measured in a straight line, disregarding intervening structures, from the closest exterior structural walls of the establishment to the closest property line of the school_ F. Additional Standards for the Sale of Alcohol at Restaurants or Public Eating Places Restaurants or public eating places shall conform to the following, additional standards: 1. Alcoholic beverage sales shall be incidental to food service. 2. There shall be no sale of alcoholic beverages after midnight unless otherwise specified by the conditional use permit. The conditional use permit may further restrict the times when alcoholic beverages may be sold. G. Live Entertainment 1. Live entertainment shall be limited to a single entertainer performing musical work (piano bars, etc.) except as provided below. 2. Additional entertainers, dancing, audience participation, karaoke, or other live entertainment may be authorized by a conditional use permit in zones where live entertainment is permitted. 3. Live entertainment specified in Subsection B of this section may be permitted by a resolution of approval for a conditional use permit for the sale of alcohol in zones where live entertainment is permitted. 18.30.060 AUTOMOTIVE BODY AND PAINT SHOPS Automobile painting with accessory body and fender work shall be conducted entirely within a building. The hours of operation shall be between seven a.m. and seven p.m., except where the building adjoins a residential area the hours of operation shall be restricted to between eight a.m. and six p.m. Monday through Saturday. (Accessory body work shall be defined as "only that work required in the preparation for complete auto repaint.") 18.30.070 CHILD DAY CARE CENTERS A. Purpose The purpose of establishing child day care center regulations is to implement State law with regard to the provision of child care centers as defined by the California Health and Safety Code to ensure compatibility of such uses with surrounding uses and properties and to avoid any impacts associated with such uses. B. Applicability Day care centers are permitted as set forth in Chapter 2 subject to the requirements of this section. C. Site Location 1. Child day care facilities are encouraged to be located near schools, trolley stops, major bus stops, and close to employment centers in order to reduce commute trips and improve air quality. 2. All child care facilities shall have direct access to a public street with adequate access to a collector or arterial street system. 3. A new child care facility must be located at least 600 feet away from an existing child day care center. D. Operation and Development Standards 1. The applicant must obtain all licenses and permits required by State law for operation of the facility and shall keep all State licenses and permits valid and current. 2. The center shall meet all zoning standards applicable to the site. Ordinance No. 2011-2362 69 Amending Title 18 — Land Use Code 3. Indoor and outdoor play areas that satisfy the requirements of the State shall be provided. The outdoor play area shall be adjacent to the center and accessible through the center itself. The outdoor play area shall be screened and enclosed by a natural barrier, wall, or fence a minimum of five feet in height. If adjacent to a single-family residential zone, the separating barrier shall be of solid construction. The outdoor play area shall be designed to reduce noise impacts on adjacent properties. 4. Parking shall not be located in any required front yard setback and an adequate on -site loading/unloading area shall be provided that can be easily accessed from the child day care center without crossing any driveways or streets. Clearly designated pedestrian walkways should be provided. 5. AD child day care centers shall comply with the City's noise regulations as set forth in Title 9. 6. The drop off and pick up of children from vehicles shall only be permitted on the site's driveway or parking area. A facility with access from an arterial street, as designated by the General Plan, must provide a paved drop-off/pick-up area designated with on -site parking and maneuvering to allow vehicles to pick-up/drop-off children and exit the site without backing out onto the arterial street. 7. Any additional conditions regarding safety and access deemed necessary or desirable by the City Engineer, Fire Marshal, or Building Official must be met. 18.30.080 A. Purpose FAMILY DAY CARE HOMES The purpose of this section is to implement the California Health and Safety Code provisions regarding day care homes, both large family and small family. B. Applicability Family day care homes are permitted as set forth in Chapter 2 subject to the requirements of this section. C. Site Location Properties used for large family day care homes, as defined by the California Health and Safety Code, shall not be located closer than 300 feet from any other large family day care home_ D. Operation and Development Standards 1. The family day care home must be the residence of the day care provider. 2. The day care home must be clearly incidental and secondary to the use of the property for residential purposes. 3. Hours of operation shall be less than 24 hours a day. 4. The day care home shall comply with all municipal and state laws and regulations regarding single- family residences and day care homes. 5. Noise must be maintained in compliance with the City's noise regulations as set forth in Title 9. 6. The provider shall comply with all applicable regulations of the City's Fire Department regarding health and safety requirements as they relate to day care hoes and shall contain a fire extinguisher and smoke detector device. 7. All State licensing standards must be met and the provider shall keep all State licenses and permits current. 8_ The day care home shall be rnaintained to retain the appearance of a home consistent with the general character of the neighborhood. 9. Large family day care homes shall provide at least one off-street parking space per employee of driving age not living in the home. The residential driveway approach is acceptable for this parking requirement provided that it does not conflict with a required drop-off/pick-up area and does not block the public sidewalk or right-of-way. 10. Indoor and outdoor play areas that satisfy the requirements of the State shall be provided. The outdoor play area shall be screened and enclosed by a natural barrier, wall, or fence a minimum of Ordinance No. 2011-2362 70 Amending Title 18 - Land Use Code five feet in height. The outdoor play area shall be designed to reduce noise impacts on adjacent properties. 18.30.090 CONDOMINIUM CONVERSIONS The conversion of existing apartments, hotels and motels, and other rental properties to condominiums, community projects, or stock cooperatives may be permitted if the following conditions are satisfied: A. Permit A conditional use permit is required and the following findings shall be made: 1. The proposal is consistent with housing element goals and objectives; 2. Plans and reports submitted by the applicant, along with conditions of approval, show that necessary upgrading will be completed prior to the sale of any unit; B. Tentative and Parcel Maps A conversion shall comply with requirements for tentative and final parcel maps. C. Subdivision Map Act Requirements of the state Subdivision Map Act will be satisfied, specifically with regard to requirements for notice to tenants and right of tenants to exclusive contract for purchase in condominium, community apartment or stock cooperative projects. D. Physical Elements Reports 1. At the time of submitting the conditional use permit application required in Subsection A of this section, the applicant shall submit a report or reports on the status of the physical elements of the project, including the condition and remaining useful life of building foundations and walls, roofs, electrical systems, plumbing systems, mechanical systems, recreational facilities, parking and other paved areas and drainage facilities. These reports shall be prepared by California licensed structural or civil engineers or private home inspectors and they shall include a detailed evaluation of the existing physical elements, a recommendation on their status including any necessary repairs or replacement, either immediate or in the future, and a certification of the findings. The reports shall also specifically address or include the following: a. Measures that should be taken to improve sound attenuation between units (except for projects built after July 1,1979 in compliance with the Building Code); b. Structural pest report; c. Building history report identifying the date of construction of all elements; d. Characteristics of the building not in compliance with currently applicable building or housing codes, and with codes in effect at the time of construction; e. The need for smoke detectors in individual units, as well as for other on -site fire protection systems maintained by the homeowners association. 2. The Planning Commission, or City Council on appeal, shall review these reports to determine the need to repair or replace any existing physical elements as a condition of approving the proposed conversion. E. Other Materials Any other materials required by the Planning Division to provide evidence in support of the above conditions shall be submitted before the conditional use permit application is determined complete. Ordinance No. 2011-2362 71 Amending Title 18 — Land Use Code 18.30.100 CONVERSIONS TO NONRESIDENTIAL USE A. Generally A structure or building intended or designed to be used as a dwelling unit may be used in the commercial and industrial zones for a permitted commercial or industrial use, subject to the provisions of this chapter. B. Approval Approval of the location and plans by the Planning Commission is required. C. Removal of Residential Facilities All facilities for living, sleeping, cooking, and dining shall be permanently removed except for employee dining facilities. D_ Compliance with Zoning Regulations All other provisions of this title shall be complied with. E. Building Occupancy The structure or building shall not be used or occupied until after the issuance of a certificate of occupancy by the building official. Any change of occupancy shall comply with all requirements of the building code of the City and this title. F. Dwelling Unit of Historical Character When application is made for approval to convert a dwelling unit of recognized historical character, the Planning Commission may deny a permit on grounds of unsuitability of the proposed use. G. Dwelling Unit Used as a Place of Assembly A dwelling unit or any portion thereof shall be permitted to be converted and/or used as a place of assembly as defined by this title only by the issuance of a conditional use permit. H. Design and Aesthetics In the approval of any plans for the conversion of a residential structure for any of the uses permitted under this chapter, the Planning Commission shall take into consideration the architectural design of the structure, as well as the aesthetic quality of the structure and the property. 18.30.110 A. Purpose EMERGENCY SHELTERS This section establishes standards for the development and operation of emergency shelters where permitted by right as set forth in Chapter 2. B. Permitted Use In compliance with SB 2 effective January 1, 2008, emergency shelters shall be allowed as a permitted use without the need for a conditional use permit and are exempt from CEQA (California Environmental Quality Act). C. Limitations on Location Ordinance No. 2011-2362 72 Amending Title 18 — Land Use Code 1. Eligible locations. A new facility shall be a permitted use in the Light Industrial (IL) zone only. 2. Separation between emergency shelters. A new emergency shelter shall not be closer than 300 feet to another emergency shelter as measured between property lines. D. Lighting Adequate external lighting shall be provided for security purposes to ensure fully lit parking, gathering and waiting areas. E. Building Design Standards 1. Number of beds. An emergency shelter shall contain a maximum of 1 bed per 150 square feet of sleeping area not to exceed 50 beds and shall serve no more than 50 persons. 2. Client waiting areas. Emergency shelters shall have an interior, enclosed client waiting and intake area large enough to accommodate the number of persons equal to 25 percent of the number of beds. The area shall be based on space required for seated persons. Any exterior overflow waiting area shall be fenced, screened, gated, and covered and shall not obstruct sidewalks or driveways. 3. Client gathering areas. Emergency shelters shall have an interior multipurpose area separate from the sleeping area. The multi -purpose area shall be provided with space equal to at least ten square feet per bed, but not be less than 250 square feet. The multipurpose area shall have an exterior gathering area equal to at least 50 square feet per bed and shall he fenced, screened, and landscaped. F. Facility Operating Standards 1. On -site management. The facility shall maintain a management plan. The management plan must document that management and staffing is sufficient for adequate control of the facility. The management plan shall include descriptions of: a. On -site management b. Staffing levels and qualifications c. Client services offered and case management d. Behavior guidelines including no drug or alcohol use e. Facility Maintenance f. Emergency Plan g. Security Plan 2_ Vehicle parking. The number of off-street parking spaces shall be calculated based on the amount of office space at the facility plus one parking space per ten beds. The square footage of office space shall be used to determine the number of spaces per the standards specified in Section 18.45 (Parking and Loading Requirements). 3. Length of stay. Temporary shelter shall be available to residents for a maximum of six months. 4. Hours of operation. The emergency shelter shall only accept clients between the hours of 7:00am and 8:OOpm. 18.30.120 A. Definition HAZARDOUS WASTE FACILITIES 1. "Hazardous waste facility" shall be defined as specified by the California Health and Safety Code and San Diego County Hazardous Waste Management Plan_ B. Approval Hazardous waste facilities may be permitted only in the Medium Industrial (IM), Heavy Industrial (IH) zones and shall require approval of a conditional use permit. Data, policies, criteria and procedures contained in the San Diego County Hazardous Waste Management Plan shall be utilized for evaluation of Ordinance No. 2011-2362 73 Amending Title 18 — Land Use Code applications for hazardous waste facilities. The siting criteria, the conditional use permit procedure and the fair share policies of the plan shall be utilized in making decisions on such applications. C. Grant Conditions Before any conditional use permit may be granted for a -new hazardous waste facility project or for modification of an existing facility, in addition to the conditions required by Section 18.12.110, it shall be found that the proposed facility is in compliance with the following siting criteria documents of the County of San Diego Hazardous Waste Management Plan: 1. Section E, entitled "Local and Regional Facility Needs", of Chapter IX, entitled "Siting and Permitting of Hazardous Waste Facilities" (Pages IX-35 through IX-37); 2. Appendix IX -A, entitled "Siting Criteria for Evaluating Hazardous Waste Management Facility Siting Proposals in San Diego County"; and 3. Appendix IX-B, entitled "General Areas for Siting Hazardous Waste Management Facilities". D. Information Requirements An application for a conditional use permit for a hazardous waste facility project shall provide information required by the planning director to show conformance with procedural requirements of Article 8.7 of the California Health and Safety Code. Such information may include but shall riot be limited to documentation from the state office of permit assistance regarding procedures required for approval of the proposed facility. E. Related Permit Requirements All applicable zoning, subdivision, conditional use permit and variance decisions made by the City shall be consistent with the siting criteria documents of the County of San Diego Hazardous Waste Management Plan listed in Subsection C, above. 18.30.130 HELICOPTER OPERATIONS A. Purpose The purpose of this section is to provide rules and regulations governing the conduct of the operation of helicopters and related facilities within the city. B. Conditional Use Permit No person shall operate or maintain a heliport or helistop without first obtaining a conditional use permit and demonstrating that the facility will comply with FAA regulations. C. Temporary Heliport or Helistop Permits 1. No person shall operate a helicopter to or from any property within the city other than a heliport or helistop approved by the City (except in cases of an emergency situation); provided, however, that the landing and takeoff of helicopters at places other than approved heliports and helistops may be authorized for specifically designated and limited times. Such authorization shall not exceed a thirty - day period. 2. Every application for a temporary heliport or helistop perrnit shall include the following: a. Copy of application for state approval; b. Copy of application for Federal Aviation Administration approval; c. Written approval of landowner or duly authorized agent or representative; d. Certificate of insurance. Ordinance No. 2011-2362 74 Amending Title 18 — Land Use Code 18.30.140 MOBILE HOMES AND SIMILAR TEMPORARY STRUCTURES A. Use as Dwelling — Restrictions A mobile home shall not be used for living or sleeping purposes except when located in an approved mobile home park or unless it meets the criteria for factory built housing in State law as defined by Civil Code Section 18.007. B. Restrictions A mobile home, modular structure, or other temporary structure shall not be used as a business or other commercial use in any zone except that a modular structure may be used as a temporary office or classroom for a period of no longer than one year, subject to the issuance of a temporary use permit. This prohibition shall not apply to any former landfill site which is subject to the regulatory order or directive of a regulatory agency, due to the existence on the site of hazardous materials as defined by Section 25260 of the California Health and Safety Code_ C. Mobile Home Park — Conditional Use Permit The development of a mobile home park shall require the issuance of a conditional use permit to ensure that such development will be compatible with existing and permitted uses in the adjacent areas. The conditions of approval may include, but shall not be limited to, external traffic circulation, screening walls and plantings, park layout and design (including architectural design), lot size and shape, landscaping, signs, parking, usable open space and recreation areas, and service buildings. D. Mobile Home Park — Screening When located on a lot adjoining another residential use, mobile home parks shall be permanently screened from such adjoining property by a fence or wall and suitable landscaping, adjacent to or opposite the other residential use. 18.30.150 OUTDOOR DISPLAY OR SALE OF MERCHANDISE A. Outdoor Display or Sale of Merchandise Prohibited — General The outdoor display or sale of merchandise on public or private property is unlawful, except as provided in this section. Merchandise is displayed outdoors when it is placed to the exterior of a building or structure. B. Permitted Displays in Commercial, Mixed -Use, and Industrial Zones 1. In commercial, mixed -use, and industrial zones, service stations, auto dealers, recreational vehicle sales lots, nurseries, licensed flower shops, grocers and neighborhood corner stores limited to the sale of fresh produce and flowers, and building material yards may display merchandise outdoors only on the same site approved for the business_ 2. Other businesses in commercial, mixed -use, and industrial zones shall not display or sell merchandise outdoors except pursuant to a determination by the Planning Division that the display would be customary with that type of business and consistent with or comparable to the types of uses. C. Special Promotions 1. Except as allowed by Subsection B all other businesses in the commercial, mixed -use, and industrial zones are permitted to have special promotions at which outdoors display and sales will he allowed, limited to a maximum of three consecutive days each, including all set-up and takedown time. No Ordinance No. 2011-2362 75 Amending Title 18 — Land Use Code business shall have more than two such sales in a calendar year. There shall be a period of at least thirty days between sales. 2. Special promotions involving outdoor display of merchandise which are to last more than three days, or would involve more than two such sales in any calendar year, are not allowed unless City Council approval in accordance with Chapter 15.60 is first obtained. All sales shall be limited to the site approved for the business. 3. No business shall conduct a special promotion with an outdoor display on a property unless the business has a permanent business address on that property. This restriction shall not apply to sales conducted entirely indoors. D. Seasonal Sale of Christmas Trees and Pumpkins 1. The seasonal sale of Christmas trees and pumpkins outdoors is permitted only in commercial and mixed -use zones on property developed with a commercial use or on vacant property in a commercial or mixed -use zone. 2. Displays and sales of Christmas trees and pumpkins are limited to thirty-five days respectively, including installation and removal of all related materials. A business license shall be obtained each year prior to setting up displays. E. Outdoor vending machines Outdoor vending machines are allowed in all commercial and mixed -use zones. Outdoor vending machines shall: 1. Be located along the front facade of a building or against a structure designed to accommodate them; 2. Occupy not more than ten percent the length of the wall facing the street or access drive, or 20 feet, whichever is less; 3. Not obstruct private pedestrian walkways; a minimum of 44 inches shall be kept clear of obstructions, or more if pedestrian traffic volume warrants. They are not allowed on public sidewalks. 18.30.160 OUTDOOR STORAGE A. Enclosure All outdoor storage, in any zone, which occupies a volume of more than 60 cubic feet and is visible from any abutting public street, or which abuts property used for residential purposes, shall be enclosed by a view -obscuring fence or wall at least six feet high. All gates provided for ingress and egress in any required fence or wall shall be at least six feet in height and shall be of view -obscuring construction. B. Stacking Stored Materials — Height Limitation Merchandise, materials, equipment, or other goods, other than neatly stacked lumber in lumberyards, shall be stacked in outdoor storage areas to a height no greater than that of any building, wall, fence, or gate enclosing the storage area. For scrap metal processing yards, see Section 18.30.180. C. Posting Signs or Devices Prohibited No sign, picture, transparency, advertisement, or mechanical device which is used for the purpose of or which does advertise or bring to notice any person or persons, or article or articles of merchandise, or any business or profession, or anything that is to be or has been sold, bartered or given away shall be placed or caused to be placed or to be maintained or caused to be maintained upon the outward face of any gate, fence or wall enclosing any outdoor storage. area. D. Storage in Yard Setback Prohibited No storage shall be permitted in any required front or side yard setbacks adjacent to a public street or highway. Ordinance No. 2011-2362 76 Amending Title 18 — Land Use Code E. Materials Storage During Construction During construction and sixty days thereafter, property in said project area may be used for the storage of materials, excluding batch plants, used in the construction of the individual buildings in the project and for the contractor's temporary office. F. Areas Designated for Storage Except as specified herein, no other areas shall be used for outdoor storage_ Areas designated for storage or which are otherwise restricted to vehicular passage shall be indicated on the plot plan and be so maintained. .All areas of the yard open to vehicular passage shall be paved. G. Specific Storage Regulations in Commercial, Mixed -Use, and Industrial Zones In the commercial, mixed -use, and industrial zones, the following regulations shall apply: 1. The storage of all materials or wastes which might cause fumes or dust, or which constitute a fire hazard, or which may be edible by or otherwise attractive to insects or rodents, unless said materials or wastes are stored outdoors in closed containers, is prohibited. 2. The storage of corrosive materials is permitted subject to the provisions of the City fire code. 3. Activities involving the storage of fire and explosive hazard materials shall be conducted in accordance with the City fire code. 4. Toxic or dangerous materials shall be stored in a manner that insures against their escape from the premises to the detriment of public safety, health or welfare_ 5. No material, equipment, or goods of any kind shall be stored on the roof of any building in any zone. 6. In the industrial zones, the storage or materials, liquids, or wastes upon any lot in such form or manner that they may be transferred or flow off said lot by natural causes or forces is prohibited. 7. Shipping containers and truck trailers shall not be used for storage purposes in any zone, except pursuant to a temporary use permit as approved by the City Council_ H. Rubbish Storage 1. Rubbish and solid waste shall be disposed of by public facilities, when available. Liquid wastes shall be promptly and properly disposed of in a manner acceptable to the City and to the San Diego Metropolitan Sewer District. Where public facilities are not provided for disposal, rubbish and solid waste shall be contained in rodent proof, nonflammable, waterproof storage containers with close - fitting lids. When liquid wastes are of such a character as to be unacceptable in the public sewer system, such wastes shall be stored in suitable containers or tanks until transfer. Such containers or tanks shall comply with the City fire code and other applicable regulations in this title. 2. All storage and disposal facilities shall be screened from all public view. In the residential, commercial, mixed -use, and institutional zones such screening shall be of solid masonry construction with sturdy gates of view -obscuring design. Location and accessibility shall be subject to site plan review. 3. Any building or structure or portion of building or structure used for storage of rubbish -and waste shall contain an approved floor drain connected to the public sewer system. 18.30.170 RECYCLING COLLECTION FACILITIES A. Purpose It is the intent and purpose of this chapter to establish reasonable regulations for establishment of recycling collection facilities to encourage and facilitate the recycling of glass, aluminum, plastic and nonaluminum metal beverage containers in a safe and convenient manner. Ordinance No. 2011-2362 77 Amending Title 18 — Land Use Code B. Definitions For the purpose of this chapter, the following words shall have the following meanings: 1. Igloos. An "igloo" is a small, moveable collection bin or container occupying no more than 40 square feet each. 2. Mobile recycling unit A "mobile recycling unit" means an automobile, truck, trailer or van, licensed by the Department of Motor Vehicles, which is used for the collection of recyclable materials. A mobile recycling unit also means the bins, boxes or containers, other than igloos, transported by trucks, vans, or trailers, and used for the collection of recyclable materials. 3.. Recyclable material. "Recyclable material" is reusable material including aluminum, nonaluminum metal, glass and plastic beverage containers, which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable material as described in this section does not include paper, refuse, motor oil or other hazardous materials. 4. Recycling collection facility. A "recycling collection facility" is a center for the collection of recyclable materials from the public by donation, redemption or purchase. A certified recycling facility means a recycling facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers located on the premises of a commercial or industrial use used solely for the collection of recyclable materials generated by that use. Recycling collection facilities include the following: a Reverse vending machines; b. Igloos; c. Mobile recycling units. 5. Reverse vending machine. A "reverse vending machine" is an automated mechanical device which accepts at least one or more types of empty beverage containers including aluminum and nonaluminum metal cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value as determined by the state. A reverse vending machine may sort and process containers mechanically; provided that the entire process is enclosed within the machine. In order to accept and temporarily store all four container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple grouping of reverse vending machines may be necessary. A "bulk reverse vending machine" is a reverse vending machine that is larger than 50 square feet; is designed to accept more than one container at a time; and will pay by weight instead of by container. 6_ Small recycling facility. A small recycling facility is defined as an igloo or reverse vending machine. C. Types of Facilities Permitted 1. Reverse vending machines, igloos, and mobile recycling units may be permitted subject to conformance with all of the following: a. Location within the MXC-1, MXC-2, MXD-1, MXD-2, CS, IL, and IM zones; b_ Location within convenience zones designated by the State of California Department of Conservation, Division of Recycling; c. Certification or application for certification by the State of California; d. Required permits, as described in Subsection D; e. Operation and design standards, as described in Subsection E; f. No recycling collection facility shall be permitted if it is found that the facility or its operation will have a detrimental effect on public health, safety, or general welfare. D. Permits Required 1. Site plan review. Small recycling facilities, as defined in Subsection B, shall require site plan review approval. 2. Conditional use permit. Mobile recycling units, as defined in Subsection B, shall require conditional use permit approval. E. Operation and Design Standards Ordinance No. 2011-2362 78 Amending Title 18 — Land Use Code Reverse vending machines shall comply with the following standards: a. Established in conjunction with a commercial use or community service facility which is in compliance with the zoning, building, and fire codes of the City: b. Located within 30 feet of the entrance to the commercial structure and shall not obstruct pedestrian or vehicular circulation; c. Not occupy parking spaces required by the primary use; d. Except for bulk reverse vending machines, occupy no more than 50 square feet of floor space per installation, including any protective enclosure, and be no more than eight feet in height; no more than four reverse vending machines at the site; bulk reverse vending machines shall occupy no more than 300 square feet of floor space per installation, including any protective enclosure; e. Constructed and maintained with durable waterproof and rustproof material; f. Clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is nonoperative; g. Have a sign area of a maximum of four square feet per machine, exclusive of operating instructions; h. Maintained in a clean, litter -free condition on a daily basis; i. Illuminated to ensure comfortable and safe operation if operating hours are after dusk; j. Installation of all wiring required in accordance with the National Electrical Code, latest edition. 2. Igloos shall comply with the following standards: a. Established in conjunction with an existing commercial use or community service facility which is in compliance with the zoning, building, and fire codes of the City; b. Occupy an area no larger than 200 square feet; c. Set back at least ten feet from any front property line and shall not obstruct pedestrian or vehicular circulation; d. Accept only glass, metal, and plastic containers; e. No power -driven processing equipment used; f. Containers constructed and maintained with durable, waterproof and rust -proof material, covered when site is not attended, secured from unauthorized entry or removal of material, of a capacity sufficient to accommodate materials collected and collection schedule; g. All recyclable material stored in containers, and materials not left outside of containers at any time; h. Maintained free of litter and any undesirable materials; i. Not be located within 50 feet of a residentially zoned property; j. Operation of attended facilities located within 100 feet of a property zoned or occupied for residential use only during the hours of 9:00am and 7:00pm; k. Noise levels not exceeding 60dBA as measured at the property line of residentially zoned or occupied property, and otherwise not exceeding 65dBA; I. Location of containers for the 24 hour donation of materials at least 100 feet from any property zoned or occupied for residential use unless there is a recognized service corridor and acoustical shielding between the containers and the residential use; m. Labeling of containers to identify the type of material which may be deposited, identification of the facility with the name and telephone number of the facility operator and the hours of operation, and display of notice stating that no material shall be left outside the recycling enclosure or containers; n. Signing permitted as follows: i. Identification signs with a maximum of four square feet, in addition to informational signs required in Subsection E(2)(m), above; ii. Signs consistent with the character of the location; iii. Directional signs, bearing no advertising message, installed with the approval of the City Manager or his/her designee if the facility is not visible from the public right-of-way; iv. Authorization from the City Manager or his/her designee for increase in the number and size of signs upon finding that it is compatible with adjacent businesses. o. Required landscape area not occupied or interfered with; Ordinance No. 2011-2362 79 Amending Title 18 — Land Use Code p. No occupation of parking spaces on the site unless deemed necessary and authorized by the City Manager or his/her designee; no additional parking spaces required for customers of an igloo collection facility located at the established parking lot of a host use; one space of host use permitted to be occupied by an attendant, if needed. 3. Mobile recycling units shall comply with the following standards: a. Established in conjunction with an existing commercial use or community service facility which is in compliance with the zoning, building, and fire codes of the City; b. No larger than 350 square feet and occupy no more than three parking spaces not including space that will be periodically needed for removal of materials or exchange of containers; c. Set back at least ten feet from any front property line and shall not obstruct pedestrian or vehicular circulation; d. Accept only glass, aluminum, nonaluminum, and plastic containers; e. No power -driven processing equipment used; f. Containers constructed and maintained with durable waterproof and rustproof material, covered when site is not attended, secured from unauthorized entry or removal of material, and of a capacity sufficient to accommodate materials collected and collection schedule; g. All recyclable materials stored in containers or in the mobile unit vehicle, and not left outside of containers at any time; h. Maintained free of litter and any other undesirable materials; mobile facilities, at which truck or containers are removed at the end of each collection day, swept at the end of each collection day; i. Noise levels not exceeding 60dBA as measured at the property line of residentially zoned or occupied property, and otherwise not exceeding 65dBA; j. Not to be located within 50 feet of a residentially zoned property; k. Operation of attended facilities located within 100 feet of a property zoned or occupied for residential use only during the hours of 9:00am and 7:00pm; I. Location of containers for the 24 hour donation of materials at least 100 feet from any property zoned or occupied for residential use unless there is a recognized service corridor and acoustical shielding between the containers and the residential use; m. Labeling of containers to identify the type of material which may be deposited; identification of the facility to identify the name and telephone number of the facility operator and the hours of operation, and display of a notice stating that no material shall he left outside the recycling enclosure or containers; n. Signing permitted as follows: i. Identification signs with a maximum of four square feet, in addition to informational signs required in subsection E(3)(m), above; ii. Signs consistent with the character of the location; iii. Directional signs, bearing no advertising message, installed with the approval of the City Manager or his/her designee if the facility is not visible from the public right-of-way; iv. Authorization from the City Manager or his/her designee for increase in the number and size of signs upon finding that it is compatible with adjacent businesses. o. Required landscape area not occupied or interfered with; p. No additional parking spaces required for customers of a mobile recycling unit located at the established parking lot of a host use; one space of the host use permitted to be occupied by the attendant, if needed; q. Area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present; r. No reduction of available parking spaces below the minimum number required for the primary host use unless a parking study shows that existing parking capacity is not already fully utilized during the time the recycling facility will be on the site; reduction in available parking spaces in an established parking facility then permitted as follows: For a commercial host use: Number of Parking Spaces Available 0-25 26-35 Maximum Reduction 0 2 Ordinance No. 2011-2362 80 Amending Title 18 — Land Use Code 36-49 3 50+ 4 ii. For a community facility host use, a maximum of four spaces reduction will be allowed when not in conflict with parking needs of the host use. F. Additional Requirements Additional requirements may be required as conditions of permit approval. 18.30.180 SCRAP METAL PROCESSING A. Regulations Generally Scrap metal yards, scrap or used metal sales, and scrap metal processing shall be operated in accordance with the provisions of this section. This shall not relieve the operators of scrap metal processing uses from complying with all City regulations, laws, and ordinances. B. Site Plan Review Required All scrap metal processing uses shall be subject to site plan review. C. Salvage or Junk Storage Restrictions The storage of salvage or junk shall not be placed or allowed to remain outside of the enclosed yard area. It may be stored above the height of the fence or wall, provided such storage is not within ten feet of an exterior lot line. Nonmetallic salvage or processing not clearly incidental to the principal use shall not be allowed. D. Fences and Walls - Required The entire premises shall be enclosed by fences and walls of uniform height in relation to the ground upon which they stand. Such fences or walls shall be a minimum of eight feet high and shall not exceed 15 feet in height. E. Fences and Walls — Materials All fences and walls open to view from any street shall be constructed of the following materials: 1. Metallic panels, at least .024 inches thick, painted with a baked -on enamel or similar permanent finish_ All fences constructed with metallic panels exposed to view from the exterior side shall have an interior face of solid wood not less than two inches thick from the ground to the top of such fence; 2. Masonry; 3. Other materials comparable to the foregoing if approved by the Planning Division. F. Fences and Walls — Construction Standards Alt fences and walls shall be constructed in a workmanlike manner and shall consist solely of new materials, unless the director of planning approves the substitution of used materials where, in his opinion, such used materials will provide the equivalent in service, appearance, and useful life. G. Fences and Walls — Painting All fences and walls, excluding masonry and approved permanent finish panels, shall be painted a uniform complimentary color, excluding black, which blends with the surrounding terrain and improvements, and shall be maintained in a neat, orderly condition at all times Such fence or wall shall Ordinance No. 2011-2362 81 Amending Title 18 — Land Use Code contain no painted signs or posters except as approved by the director of planning. In all cases, colors shall be subject to approval by the director of planning. H. Standards for Structures Any structures which are used as part of the yard boundaries and/or are exposed to view from a street frontage shall be subject to painting, maintenance and sign requirements for fences and walls as provided in Section 18-43. The Planning Division may approve other appropriate architectural treatment. 1. Paving of yards Areas designated for storage or which are otherwise restricted to vehicular passage shall be indicated on the site plan and shall be so maintained. All areas of the yard open to vehicular passage shall be paved J. Landscaping 1. Along each street frontage, all required setbacks and the adjacent street parkways shall be fully landscaped. 2. A permanent automatic irrigation system shall be provided which satisfactorily irrigates all planted areas. 3. All landscaped areas shall be continuously and properly maintained in good condition. K. Painting and Maintenance All equipment, structures, etc., extending above the height of exterior fences shall be continuously maintained and painted in a neat and orderly fashion. L. Storage and Combustibles Containers approved by the City Fire Department shall be provided for the storage of combustible materials removed from scrap autos delivered to the site. M. Litter Prohibited The entire site shall be continuously maintained to prevent accumulations of weeds, rubbish, litter, or combustible waste. Any incidents of rat or vermin harborage shall be promptly corrected. N. Performance Standards All salvage operations shall comply with the performance standards for air pollution, noise, vibration, and glare as set forth in Section 18.40.030 and Title 7 of the Municipal Code. 18.30.190 SERVICE STATIONS AND CONVENIENCE STORES WITH GASOLINE PUMPS A. Conditional Use Permit Required The development and construction of all service stations shall be subject to the issuance of a conditional use permit. B. Frontage The site shall have a minimum of 100 feet of frontage on a dedicated street. C. Minimum Site Area The minimum site area shall be 15,000 square feet. Ordinance No. 2011-2362 82 Amending Title 18 — Land Use Code D. Site Planning Standards 1. Bay doors of service stations and automotive maintenance and repair facilities should not be visible from the major street, whenever possible. 2. Fuel pump islands and canopies should be screened by the main building structure. The convenience store should be placed at the street frontage with display windows along the sidewalk, to encourage pedestrian use. 3. Curb cuts shall be limited to one per street for corner locations, or two per street for mid -block locations. 4. Curb cuts on the same street shall be spaced at least 25 feet apart. E. Screening When a service station adjoins a residential zone along a rear or side lot line, a masonry screening wall, riot less than five feet and no more than six feet in height, shall be erected along such adjoining lot line. F. Building Fronts 1. All building materials and designs shall be consistent with the general standards for commercial businesses. Metal buildings are not permitted_ 2. The design of stand-alone gas stations and convenience stores should conform to the dominant existing or planned character of the surrounding neighborhood or development. This can be accomplished through the use of similar forms, materials and colors. 3_ The design of a facility that occupies a pad or portion of a building within a larger commercial center should be designed to reflect the design elements of that center. 4. All sides of a building visible from the street shall express consistent architectural detail and character. G. Purnp Island Canopies and Other Buildings and Structures All structures on the site (including kiosks, car wash buildings, pump island canopies, and screen walls) shall be architecturally consistent with the main structure, including roof design, color, materials, and architectural details. H. Landscaping — Generally Ten percent of the gross site area shall be devoted to landscaping. I. Open Area — Surfacing All open areas, not included in landscaped areas shall be paved. J. Use Regulations The operation of all service stations shall be in accordance with the following regulations: 1. Uses permissible at a service station do not include body or fender work or automobile painting unless they are permissible uses within the particular zone. Dismantling of automobiles for the purpose of selling parts is prohibited. 2. All repair work being conducted shall be within a structure which shall be attached to the existing service station facility. 3. Adequate facilities for such repair shall be available. 4_ No outdoor storage of disabled vehicles, vehicles under repair, automobile parts, or repair equipment shall be allowed at any time. 5. Major repairs shall be conducted only between the hours of seven a.m. and seven p.m. Ordinance No. 2011-2362 83 Amending Title 18 — Land Use Code 6. Operations outside permanent structures shall be limited to the dispensing of motor fuels and servicing of tires, batteries and/or automobile accessories. K. Gasoline Pumps as an Accessory Use This section shall have no effect on the installation and operation of a gasoline pump or pumps, or lube oil drums which are used solely to service the motorized equipment of commercial, manufacturing or industrial use of the land upon which the pump or drum is installed; provided, however, that the pump or drum shall not be installed or operated on any parcel of land not included within the land of the permissible principal use. L. Sale of Gasoline as an Accessory Use 1. The sale of gasoline as an accessory use to a permitted use shall require the issuance of a conditional use permit. 2. The sale of gasoline as an accessory use will be allowed only in zones in which the sale of gasoline as a principal use is allowed. M. Sale of Non -automotive Products at Service Stations The sale of nonautomotive products in service stations is permitted as follows: 1. Such products must be displayed within an enclosed permanent building. 2. The display area shall be a maximum of 216 cubic feet, except that a conditional use permit may be issued to authorize additional areas of display, where such use is otherwise permitted by this title. The sale of any alcoholic beverages is prohibited, regardless of the display area, unless specifically authorized by a conditional use permit. N. Lighting 1. General. All lighting shall be directed away from adjoining properties and streets and shall be so shielded and adjusted that the light is directed to fall only on the same premises upon which the light source is located. 2. Canopy Lighting. a. Lights shall not be mounted on the top or sides of the canopy. The sides shall not be illuminated in any manner. b. Fuel pump canopies shall not be internally illuminated. Light fixtures shall be completely recessed into the canopy so that the light source is concealed. O. Enhanced Vapor Recovery Systems (EVR) As required by AST Executive Order VR-401-B adopted by State of California Air Resources Board, as of April 1, 2009, all gasoline dispensary facilities with underground storage tanks must upgrade to an Enhanced Vapor Recovery System (EVR) Phase II. All EVR Systems, including pipes that and other components that extend beyond/above the tank, shall be screened from view. 18.30.200 SIDEWALK CAFES A. Purpose Sidewalk cafes make a significant contribution to the quality of public spaces and community life. I hey provide an active street frontage that is lively and dynamic. They are natural locations for social interaction. The purpose of this section is to provide procedures for and standards to encourage the establishment of sidewalk cafes wherever permitted. Ordinance No. 2011-2362 84 Amending Title 18 — Land Use Code B. Permit Requirements A sidewalk cafe shall require the approval of a minor use permit and an encroachment permit by the City Council. C. Review Authority A sidewalk cafe may be approved by the Planning Division if it is determined that the proposed cafe is in conformity with all of the requirements of this section. An encroachment permit must thereafter be obtained from the City Council. D. Limitations and Requirements 1. Where permitted. A sidewalk cafe may be permitted only in a zoning district that allows indoor restaurants, and then only if the sidewalk cafe is situated adjacent, as specified below, to an indoor restaurant and the sidewalk cafe's operation is incidental to and a part of the operation of such adjacent indoor restaurant. a. A sidewalk cafe may be located on the public sidewalk immediately adjacent to and abutting the indoor restaurant which operates the cafe, provided that the area in which the sidewalk cafe is located extends no farther along the sidewalk's length than the actual sidewalk frontage of the operating indoor restaurant and all other applicable provisions of this section are fulfilled. b. The service of alcoholic beverage to customers using the sidewalk cafe is prohibited. 2. Sidewalk clearances. A sidewalk cafe may be permitted only where the sidewalk is wide enough to adequately accommodate both the usual pedestrian traffic in the area and the operation of the proposed cafe. A sidewalk cafe shall not occupy more than 50 percent of the sidewalk's width at any point and not less than eight consecutive feet of sidewalk width at every point shall be kept clear and unimpeded for pedestrian traffic. 3. Outdoor furniture. All tables and chairs comprising a sidewalk cafe shall be set back not less than two feet from any curb and from any sidewalk or street barrier, including a bollard, and shall not be situated within eight feet of any designated bus stop. All outdoor dining furniture, including tables, chairs, umbrellas, and planters, shall be movable. All outdoor furniture must be of commercial quality to withstand the wear of outdoor use; plastic tables and chairs are not permitted. Outdoor furniture should be complimentary to the adjoining indoor business design and make a positive contribution to the street environment. Umbrellas must be secured with a minimum base of not less than 60 pounds. Outdoor heaters, music, or speakers are prohibited. 4. Signage. No signing shall be allowed at any outdoor cafe except for the name of the establishment on an awning or umbrella fringe. 5. Food and beverages. A sidewalk cafe may serve only food and nonalcoholic beverages prepared or stocked for sale at the adjoining indoor restaurant. 6. Service requirements. The outdoor preparation of food and busing/server stations are prohibited at sidewalk cafes. The presetting of tables with utensils, glasses, napkins, condiments, and the like is prohibited. All exterior surfaces within the cafe shall be easily cleanable and shall be kept clean at all times by the permittee. Trash and refuse storage for the sidewalk cafe shall not be permitted within the outdoor dining area or on adjacent sidewalk areas and the permittee shall remove all trash and litter as they accumulate. The permittee is responsible for maintaining the outdoor dining area, including the sidewalk surface and furniture and adjacent areas in a clean and safe condition. 7. Hours of operation. Sidewalk cafes may only operate between the hours of 7:00 a.m. and 10:00 p.m. and shall be setback a minimum of 150 feet from the property line of any parcel occupied by a detached single-family residence. Tables, chairs, and all other furniture used in the operation of an outdoor cafe shall be removed from the sidewalk and stored indoors at night and whenever the cafe is not in operation_ E. Power to Suspend Operation of Sidewalk Cafe The City shall have the right and power, acting through the City Manager or his/her designee, to suspend the operation of a sidewalk cafe at any time because of anticipated or actual problems or conflicts in the Ordinance No. 2011-2362 85 Amending Title 18 —Land Use Code use of the sidewalk area. Such problems and conflicts may arise from, but are not limited to, scheduled festh :i and sirnilar events, or parades or marches, or repairs to the street or sidewalk, or from dei;lot 1:, r-rtions or emergencies occurring in the area. To the extent possible, the permittee shall be given prior written notice of any time period during which the operation of the sidewalk cafe will be suspended by II i City , but any failure to give prior written notice shall not affect the right and power of the City to suspend the cafe's operation at any particular time_ F. Findings and Conditions In connection with granting approval for a minor use permit for a sidewalk cafe, the Planning Division shall make findings that the proposed operation meets the limitations of this section and may impose condiiturris in granting its approval as deemed are needed to ensure that the proposed operation will meet the operating requirements and conditions set forth in this section and to assure that the public safety and welfare will be protected. 18.30.210 SMALL WIND ENERGY SYSTEMS A. Purpose The intent of the section is to allow for the limited use of wind turbines or windmills throughout the city for the purpose of small scale generation of electricity to serve the needs of a home, institutional or open space land use, or business. These provisions are intended to ensure that such facilities are well designed, carefully sited, and operated in a manner that will not pose a nuisance or hazard to the general public or nearby neighbors. In addition, these provisions are intended to preserve and protect public health and safety without significantly increasing the cost or decreasing the efficiency of small wind energy systems. B. Definitions 1. "Roof peak" is the highest point of a roof excluding any architectural feature such as a cupola, parapet, turret, tower, elevator shaft enclosure, or similar architectural embellishment. 2. "Small wind energy system" means a wind energy system consisting of a single wind turbine, tower, and associated control or conversion electronics providing electricity for a home, accessory dwelling unit, multi -family residential building, or small business. 3. "Total Height" means the vertical distance from ground level to the tip of a fully extended wind turbine blade at its highest point 4. "Tower" means a freestanding structure that supports a wind turbine. 5. "Wind Energy System" means equipment that converts and then stores or transfers energy from the wind into usable forms of energy and includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, turbine, vane, wire, or other component used in the system. 6. "Wind Turbine" means the mechanical and electrical conversion components mounted at the top of a tower in a wind energy system. C. Small Wind Energy System Standards A small wind energy system shall be a permitted use in all zoning districts subject to the following requirements: 1 Lot size and maximum height. a Small mono -pole wind energy systems shall be subject to the height limit of the underlying zone. One mono -pole wind energy system is permitted for each half -acre or portion thereof not to exceed three. Wind turbine systems shall comply with the FAA height regulations and Coastal Zone requirements. b. Roof -mounted wind energy systems shall be allowed on any lot size with a total height limit of ten feet above the peak of the roof and located the furthest distance from adjacent residences. 2. Setbacks_ OrdinanceNo. 2011-2362 86 Amending Title 18 — Land tJse Code a. A wind tower shall be set back a distance equal to the total height to the top of a fully extended blade from any public right-of-way or overhead utility lines and all property lines. b. No part of the wind system structure, including guy -wire anchors, may extend closer than accessory building setbacks of the appropriate zone to the property lines of the installation site. 3. Access_ All ground mounted electrical and control equipment shall be secured to prevent unauthorized access and the tower shall be designed and installed so as not to provide step bolts or a ladder readily accessible to the public for a minimum height of eight feet above the ground. 4. Noise. Small wind energy systems shall comply with the Noise Ordinance of the National City Municipal Code. 5. Approved Wind Turbines. Small wind turbines must be approved by the Emerging Technologies program of the California Energy Commission or any other small wind certification program recognized by the American Wind Energy Association. 6. Appearance. a. The wind generator and tower shall be painted in subdued tones of white, silver, light grey, or light blue or the manufacturer's original paint or finish shall be permitted if it complies with the subdued tones identified herein or should be designed and painted a color that blends with the surrounding natural or manmade features. b. Where mounted on a building, the installation shall be well integrated with the architecture of the building. 7. Safety precautions_ a. A wind energy system shall be equipped with manual and automatic overspeed controls to limit the rotational speed of the blade within the design limits of the rotor. b. All wind towers shall have lightening protection. c. If a wind tower is supported by guy wires, the wires shall be clearly visible to the height of at least six feet above the guy wire anchors. d. The minimum distance between the ground and any part of the rotor blade system shall be 15 feet. e. A six feet high fence with a locking gate shall be placed around the systems tower base. D. Permits 1. Small roof mounted wind energy systems are an accessory use permitted in all zoning districts. No small wind energy systems shall be erected, constructed, or installed without first receiving a building permit from the appropriate City authority. A building permit shall also be required for any modification to an existing small wind energy system. 2. Small mono -pole wind energy systems and meteorological towers shall not be erected, constructed, or installed without first receiving a conditional use permit and a building permit from the appropriate City authorities. A building permit shall also be required for any modification to an existing system. 18.30.220 TELECOMMUNICATIONS FACILITIES A. Purpose The purpose and intent of this section is to provide a uniform and comprehensive set of standards for the development, siting, and installation of wireless telecommunications facilities and antenna installation. These regulations are intended to protect and promote the public health, safety, and welfare of the residents of National City and to preserve community character and protect aesthetic quality in accordance with the guidelines and intent of the Telecommunications Act of 1996 and to encourage siting in preferred locations to minimize aesthetic impacts and to minimize the intrusion of these uses into residential areas. B. Commercial Telecommunications Facilities 1. Telecommunication facilities are subject to a conditional use perrnit and design review and shall comply with all applicable provisions of this section. Ordinance No. 2011-2362 87 Amending Title 18 — Land Use Code 2. Design guidelines for commercial facilities_ To the greatest extent possible, commercial telecommunication facilities shall be sensitively designed and located to be compatible with and minimize visual impacts to surrounding areas, including public property. To this end, each facility shall comply with the following design guidelines. a. Innovative design solutions that minimize visual impacts should be utilized; stealth solutions where facilities are not detectable are especially encouraged. i. A good faith effort in achieving co -location shall be required of the host entity. Requests for utilization of facility space and response to such requests shall be made in a timely manner and in writing and copies shall be provided to the City. Co -location is not required in cases where the visual impacts are found to be substantial, the facility cannot reasonably accommodate additional facilities, or where good faith lease arrangements fail. ii. All properties found suitable for co -location and multiple users shall be designed to promote facility and site sharing. To this end telecommunication facilities and necessary appurtenances, shall be shared by site users, when in the determination of the Planning Commission, as appropriate, this will minimize overall visual impacts to the community. b. Telecommunication facilities shall be as small as possible and the minimum height necessary without compromising reasonable reception or transmission. c. Antennas and their support structures should be located on the rear half of property or structures when reasonable transmission and/or reception would not be impaired and when visual impacts would be reduced, unless no other feasible alternative location exists. d. Telecommunication facilities and appurtenances should not be situated between the primary building on the parcel and any public or private street adjoining the parcel. e. Telecommunication facilities should be located and designed to avoid blocking and/or substantially altering scenic views. f. Building mounted telecommunication facilities are encouraged rather than telecommunication towers. g. Building mounted telecommunication facilities should be integrated with existing structures. h. Telecommunication facilities should be designed and painted a color that blends with the surrounding natural or manmade features- i. Telecommunication facilities and appurtenances shall be screened by existing and/or proposed structures and landscaped to the extent possible without compromising reception and/or transmission. j- The design of fencing, landscaping, and other screening for telecommunication facilities shall be integrated and compatible with surrounding improvements. k. Multiple telecommunication facilities of reduced heights are encouraged to cover a service area where the visual impacts would be less than a single larger and more visually obtrusive tower. 1. Co -location of commercial telecommunication towers and the use of the same site by multiple carriers is encouraged where feasible and found to be desirable. m. Monopoles or guyed/lattice towers are discouraged except where satisfactory evidence is provided demonstrating that a self-supporting tower is needed to provide the height and/or capacity necessary for the proposed facility and visual impacts would be minimized. n. All utility lines serving the facility shall be under -grounded. o. Each commercial telecommunication facility shall be installed in a manner that will maintain and enhance existing native vegetation. Suitable landscaping to screen the facility shall also be installed where necessary. p. All major commercial telecommunication facilities, other than government owned facilities, shall be prohibited in residential zones. q. All major commercial telecommunication facilities shall be located at least 75 feet from any habitable structure, except for a habitable structure on the property in which the facility is located. 3. Commercial transmission towers are prohibited. 4. Telecommunication facilities shall conform to the requirements of the FCC. C. Amateur Radio and Citizen's Band Antennas Amateur radio and citizen's band antennas shall comply with the following regulations, and all other applicable requirements of this section. Ordinance No. 2011-2362 88 Amending Title 18 -- Land Use Code 1. The following amateur radio and citizen band facilities require Site Plan review only: a. An antenna facility that is not within the public view provided the facility otherwise complies with all other applicable provisions of this section. It shall be the responsibility of the applicant to prove that the proposed facility will not be in public view. b. No more than one ground mounted antenna per parcel, not to exceed 30 feet in height setback a distance equal to the height of the facility from the property line. c. No more than one building mounted antenna per parcel, not to exceed 12 feet in height above the highest part of the building. D. Receive -Only Television and Radio Antennas Receive -only TV and radio antennas shall comply with the following regulations, and all other applicable requirements of this section. 1. The following facilities require Site Plan Review only provided they comply with Subsection E: a. An antenna that is not within the public view provided the facility otherwise complies with all other applicable provisions of this section. It shall be the responsibility of the applicant to prove that the proposed facility will not be in public view. b. Ground mounted facility that is a satellite dish one meter (3.28 feet) or less in diameter. c. Building mounted facility that is a satellite dish one meter (3.28 feet) or less in diameter. E. Development Criteria for All Facilities Each antenna and other telecommunications facility, including exempt facilities, shall comply with the following requirements. 1. The antenna shall be accessory to the primary use of the property which is not a telecommunications facility. 2. No more than one citizen band, amateur radio, receive only TV or radio antenna tower is allowed per parcel. 3. Telecommunication facilities shall not be located within any setback area required by the applicable zoning district. 4. Antennas and appurtenances should not be installed between the primary structure and any private or public street adjoining the parcel unless sufficiently screened, and no other feasible alternative exists. 5. No portion of an antenna array shall extend beyond the property lines of the subject parcel, unless the affected property owner has given written consent to the encroachment and the consent has been recorded at the San Diego County Recorder. Any consent given under this condition shall set forth a procedure by which the consent may be terminated. 6. The facility shall be as small as possible and the minimum height necessary without compromising reasonable reception and/or transmission. 7. All hardware such as brackets, turnbuckles, clips, and similar items subject to rust or corrosion shall be protected by galvanizing or paint. 8. Satellite dishes shall be painted a color that blends with their surroundings. 9. Satellite dishes shall not be used as a sign or contain any advertising copy 10. Facilities shall be screened by existing and/or proposed structures and landscaping to the extent possible without compromising reception and/or transmission. 11. Each facility shall comply with all Federal, State, and City codes, including FCC and FAA standards. F. Permit Requirements A telecommunications facility shall require conditional use permit approval in compliance with this section, if not considered an amateur radio and citizen's band antenna pursuant to Subsection C or exempt pursuant to Subsection D. 1. Conditional use permit required. a. A conditional use permit is required for all commercial telecommunication facilities. The review authority for conditional use permits is the Planning Commission. Ordinance No. 2011-2362 89 Amending Title 18 — Land Use Code h. Application requirements for commercial facilities. In addition to the conditional use permit application requirements, the following information shall be submitted when applying for a telecommunications facility: i. A narrative description of the proposed facility, including the type of facility, type of technology and consumer services that provider will provide to its customers; ii. Area development, service area, and network maps; iii. Alternative site or location analysis; iv. Title reports; and v. Visual impact analysis, including photo montages, field mock ups, line of site sections, and other techniques shall be prepared by or on behalf of the applicant which identifies the potential visual impacts of the facility, at design capacity. Consideration shall be given to views from public areas as well as from private properties. The analysis shall assess visual impacts of the facility, and shall identify and include all technologically feasible mitigation measures. c. Exceptions. Exceptions to the requirements of this section may be granted through conditional use permit approval by the Planning Commission. G. Abandonment Upon abandonment of a telecommunication facility, the facility shall be removed by the applicant and/or property owner and, where applicable, the site shall be restored to its natural condition. 18.30.230 TOBACCO SPECIALITY SHOPS Tobacco specialty shops, where permitted pursuant to the Land Use Code, shall not be located within 1,000 feet of any school, playground, recreation center or facility, childcare center or library in the City of National City. 18.30.240 URBAN AGRICULTURE A. Purpose The purpose of urban agriculture is to ensure that urban garden areas are appropriately located and protected to meet needs for local food production, community health, recreation, community education, garden -related job training, environmental enhancement, preservation of green space, and community enjoyment. B. Definitions 1. "Coldframe" means an unheated outdoor structure consisting of a wooden or concrete frame and a top of glass or clear plastic, used for protecting seedlings and plans from the cold. 2. "Community farm" is an area of land larger than one -acre managed and maintained by an individual or group of individuals to grow and harvest food and horticultural products for shareholder consumption or for sale or donation. Shareholders may arrange to work on the farm in exchange for a share of the crops and/or pay for a portion of the crop in advance. A community farm may be a principal or accessory use. Sale and donation of food and horticultural products grown in the community farm may occur onsite. 3. "Greenhouse" means a building made of glass, plastic, or fiberglass in which plants are cultivated. 4. "Horne garden" means a garden maintained by one or more individuals who reside in a dwelling unit located on the subject property. Food and horticultural; products grown in the home garden may be used for personal consumption or for donation or sale. On -site sales are not permitted. A home garden is an accessory use to a principal residential use. 5. "Hoophouse" means a structure made of PVC piping or other material covered with translucent plastic, constructed in a "half -round" or "hoop" shape. Ordinance No. 2011-2362 90 Amending Title 18 — Land Use Code 6. "Neighborhood garden" is an area of land, one acre or less, managed and maintained by an individual or group of individuals to grow and harvest food and horticultural products for personal or group consumption, for sale or donation. A neighborhood garden may be divided into separate garden plots for cultivation by one or more individuals or may be farmed collectively by members of the group. Sale and donation of food and horticultural products grown in the neighborhood garden may occur on -site. A neighborhood garden may be a principal or accessory use. 7. "Rooftop garden" means any garden on the roof of a building. Besides the decorative benefit, roof plantings may provide food, temperature control, hydrological benefits, architectural enhancement, habitats or corridors for wildlife, and recreational opportunities. C. Permitted Primary Uses Cultivation of edible vegetables, flowers, herbs, fruits and other plants in the ground, in raised beds, and in greenhouses which may have occasional sales of items at the site. Sale of nonagricultural times is prohibited. D. Permitted Accessory Uses 1 _ Only the following accessory uses and structures shall be permitted in both neighborhood gardens and community farms: a Open space associated with and intended for use as garden areas. b. Signs limited to identification, information and directional signs, including sponsorship information where the sponsorship information is clearly secondary to other permitted information on any particular sign, in conformance with the regulations of the signage sections. c. Benches, bike racks, raised/accessible planting beds, compost bins, picnic tables, seasonal farm stands, fences, garden art, rain barrel systems, and children's play areas. d. Buildings, restroom facilities with composting toilets, and planting preparation houses. e. Off-street parking and walkways, in conformance with the regulations of Chapter 4. f. Tool sheds and shade pavilions. 2. Only the following accessory uses shall be permitted on community farms: a. Greenhouses, hoophouses, coldframes, and similar structures used to extend the growing season. b. Buildings limited to barns, restroom facilities with composting toilets, and planting preparation houses. c. Cold storage. d. Packing facilities. e. Market stands. E. Supplemental Regulations Uses and structures shall be developed and maintained in accordance with the following regulations: 1. Location. Buildings associated with a community farm or neighborhood garden shall be set back from property lines of a Residential District a minimum distance of ten feet, 2. Height. No building or other structure shall be greater than 16 feet in height. 3. Building Coverage. The combined area of all buildings, excluding greenhouses and hoophouses, shall not exceed 15 percent of the garden site lot areas for community farms and five percent for neighborhood gardens. Buildings and other structures may not exceed 12 feet in height. 4. Parking and walkways. Off-street parking shall be permitted only for those garden sites exceeding 15,000 square feet in lot area. Such parking shall be limited in size to 15 percent of the garden site lot area and must be surfaced in accordance with the parking section of this Land Use Code. Walkways shall be paved in accordance with the Americans with Disabilities Act (ADA). 5. Signs. Signs shall not exceed four square feet in area per side and shall not exceed six feet in height. Ordinance No. 2011-2362 91 Amending Title 18 -- Land Use Code 6. Farm Stands. Farm stands that sell produce grown on site shall be removed from the premises or stored inside a building on the premises during that time of the year when the garden is not open for public use. 7. Interior fences. Fences around individual garden plots is permitted but not required. Interior fences shall he open and shall not exceed four feet in height. 8. Exterior fences. Fences located on the perimeter of a community farm or neighborhood garden shall not exceed six feet in height, shall be at least 50 percent open if they are taller than four feet, and shall be constructed of wood, chain link, or ornamental (tubular) steel. For any garden that is 15,000 square feet in area or greater and is in a location that is subject to design review and approval by the regulating authority, no fence shall be installed without review by the City Planning Division. 9. Operating rules. The garden management shall have an established set of operating rules addressing the governance structure of the garden, hours of operation, maintenance and security requirements and responsibilities; a garden coordinator to perform the coordinating role for the management of the community gardens; and, must assign garden plots according to the operating rules established for that garden. The name and contact number/address of the garden coordinator and a copy of the operating rules shall be kept on file with the City Planning Division. 10. Hours of Operation. Retail sales and all other public use of the farm shall begin no earlier than 7:OOAM and end by 7:OOPM every day of the week. F. Certain Activities Prohibited 1. Use of insecticides made from synthetic chemical materials is forbidden. 2. Use of synthetic herbicides and weed killers is prohibited. 3. Composting of animal parts is prohibited. 4. Production of intoxicating or poisonous plants is forbidden. 5. Use of chemical rodenticides, except for those that are acceptable under organic regulations. 6. Water, fertilizer, and other organic materials shall not drain onto adjacent property. 7. Use of barbed wire is prohibited. G. Procurement of Water 1. Procurement of water from public supplies should be negotiated between the Sweetwater Authority and the individual or organization conducting agricultural activities on the site. 2. Use of private sources of water, such as water delivered through a hose from a spigot attached to a participant's house, is permitted. 3. Use of onsite rainwater (i.e., rain barrels) shall be permitted providing it is not maintained for human consumption. 4_ The use of water for irrigation shall be in conformance with Chapter 4, Section 18.44.190 (Water Efficient Landscape Regulations) of this Land Use Code. H. Toxic or Flammable Chemicals 1. Gasoline used for the operation of lawnmowers or other combustion engine -driven gardening machinery must be kept in sealed containers in locked, ventilated structures. 2. No flammable materials or other chemical except the permitted chemicals mentioned above may be used or stored for an urban agriculture land use. I. Machinery Tractors, lawnmowers, and other farm -related machinery may be used and stored a long as they are in good working order and do not create a nuisance as defined elsewhere in the Municipal Code J. Prevention of Growth of Poisonous or Injurious Weeds 1. Parties using or otherwise occupying urban agriculture land uses are responsible for preventing the growth of those weeds defined as poisonous or injurious. Ordinance No. 2011-2362 92 Amending Title 18 — Land Use Code 2. Invasive species as defined by the California Native Plant Society and San Diego County American Society of Landscape Architects are not permitted and shall be promptly removed from the site. K. Handling and Preparation of Food for Sale Refer to County Health Department for rules regarding food and food establishments. These rules are to apply where parties involved in agriculture activities seek to sell food onsite. L. Soil Dangers and Toxicity 1. Prior to implementing neighborhood gardens and community fauns and before any food products may be grown in topsoil, such soil should be tested for contaminants that would render it unsuitable for cultivation, including, but not limited to: lead and other toxic heavy metals; industrial solvents; gasoline; perclorethylene; and other chemicals that can be transmitted to people via soil contact or consumption of foods grown in such soil. 2. Area of dry, loose soil that may be moved by wind should be covered by mulch or plastic or otherwise confined. M. Rooftop gardens. For multi -unit residential buildings and residential care facilities, rooftop gardens are highly encouraged. Rooftop gardens are also permitted on nonresidential buildings. Rooftop gardens can be grown in containers or as a "green roof system". A rooftop must be structurally capable of supporting the additional weight of a rooftop garden and the people who use them. Rooftop gardens should: 1. Be accessible to all residents of a residential building. 2. Have access to water. 3. Be provided with a storage area for equipment, material, and gardening tools. 4. Have a minimum safety enclosure of 42 inches in height. 5. Be provided with shade if used by the elderly. 6. Be provided with a composting bin or bins. 18.30.250 VETERINARY HOSPITALS AND CLINICS A. Restriction on Types of Animals Served Veterinary clinics shall be limited to serving only those kinds of small domesticated animals or household pets commonly maintained in residence with man. B. Conditional Use Permit Required Veterinary hospitals or clinics shall be subject to the issuance of a conditional use permit. In addition to complying with the provisions of a Conditional Use Permit, such uses shall: 1. Be located no closer than 100 feet to any residential zone, or to any restaurant, hotel or motel; 2. Show that adequate measures and controls have been taken to prevent offensive noise and odor; 3. Not allow the incineration of refuse or animal carcasses on the premises; 4. Not be operated as a kennel. 18.30.260 A. Purpose NEIGHBORHOOD CORNER STORES The Neighborhood corner store is established largely to serve adjacent residential neighborhoods. The corner store allows for a small convenience store. Ordinance No. 2011-2362 93 Amending Title 18 — Land Use Code B. Applicability 1. Neighborhood corner stores are permitted in all residential zones, but limited to the following corner sites: a. Intersections of an arterial streets with an arterial street; b. Intersections of an arterial street with a collector street; c. Intersections of a collector street with a collector street. 2. The Circulation Element of the General Plan identifies the locations of all arterial and collector streets. C. Definition A small retail business (3,000 sq. ft. maximum) located in a residential area established for the sale of convenience goods limited to food, groceries, non-alcoholic beverages, toiletries, cleaning products, magazines and newspapers, indoor vending/ATM machines, lottery tickets, over-the-counter medication, and any other products determined by the City to be of the same general character as those listed here. The space devoted to the sale of non-food items shall be limited to 10 percent of the gross floor area. Corner scores are strongly encouraged to provide fresh produce. Outdoor vending machines are not permitted. A corner store may include a single residential unit. A corner store may be accessory to a residential unit. D. Permitted Locations Neighborhood corner stores are permitted in residential zones at intersections of collector and/or arterial streets. E. Setbacks 1. Front and corner side setback. Buildings shall be located between zero feet and ten feet from the front and/or corner side property line. 2. Side/rear setbacks. A corner store shall meet the minimum standards for setbacks of the residential zoning district that it is located. F. Parking Parking is allowed in rear yards but may be permitted in side yards by conditional use. Use of on street parking to meet the parking requirements of corner stores is permitted; however, the number of on street parking spaces used to meet the parking requirements may not extend further than 20 feet beyond the edge of the corner store parcel. G. Architectural standards 1. Building Footprint. The building footprint for any individual nonresidential building shall not exceed 3,000 square feet. The maximum length of building frontage is 75 feet. 2. Building Character. New buildings and renovations to existing buildings shall be harmonious with the character of nearby residential neighborhoods. 3. Drive -through Facilities. Drive through facilities are riot permitted. 4. Outdoor Uses. Outdoor uses such as seating and display of fresh produce and flowers may be established consistent with Section 18.30.150 (Outdoor Display of Merchandise). Outdoor display of produce and flowers is limited to a maximum length of 15 percent of the front facing building facade or 15 percent if the facade facing a parking lot. Produce and flowers shall not obstruct the flow of pedestrian traffic. Ordinance No. 2011-2362 94 Amending Title 18 — Land Use Code H. Performance standards 1. Lighting. Lighting for the neighborhood corner store shall be appropriately shielded to not negatively impact the residential neighborhood. 2. Hours of operation. Neighborhood comer stores are only permitted to operate between the hours of 7:00am to 10:00pm. A neighborhood corner store shall be allowed to operate so that neighboring residents are not exposed to offensive noise, especially from traffic, routine deliveries or late night activity. 3. Noise. All neighborhood corner stores shall comply with the noise standards contained in Title 12. No amplified sound including music shall be audible to neighboring residents. 4. Sale of beer, wine, and alcohol prohibited. Neighborhood corner stores are not permitted to sell beer, wine, or other alcohol. Neighborhood corner stores shall not be permitted to apply for a conditional use permit to sell beer, wine, or other alcohol. 18.30.270 MOTELS A. Construction or expansion Any proposal for the construction or expansion of a motel in any zone shall comply with the following standards: 1. All motels shall have a manager's apartment. 2. Kitchen or kitchenette facilities are prohibited in all but the resident manager's unit. 3. All motels shall be located on lots that are at least 20,000 square feet in size and the minimum number of units provided shall be twenty. 4. Motel rooms shall be at least 300 square feet in size including the bathroom. 5. A swimming pool at least 525 square feet in size shall be provided on all sites. 6. On -site parking shall be provided in accordance with Chapter 4. 7. Landscaped areas shall be provided per Chapter 4. 18.30.280 MARKETS THAT SELL SEAFOOD Markets that sell fresh or frozen seafood that are less than 25,000 square feet in area shall be located a minimum distance of 300 feet from any residentially zoned properties. A conditional use permit shall be required for all markets that sell fresh or frozen seafood. This section shall not apply to manufacturers' of prepackaged frozen products. 18.30.290 BED AND BREAKFAST INNS A. Conditions for operating a bed and breakfast inn 1. Permitted in any residence listed on the City's list of historic properties subject to the issuance of a conditional use permit. 2. Operated as an accessory use to the owner's residential use. The bed and breakfast inn shall be operated by the owner of the property only. 3. Check-in/check-out time shall be between 9:00a.m. and 8:00p.m. only. 4. Breakfast shall be the only meal served to guests. 5. No long-term rental of rooms shall be permitted. The maximum stay for guests shall be seven days. 6. No cooking facilities shall be allowed in the guest rooms. 7. If the use at any time becomes unduly intrusive to the neighborhood, the permit may be revoked at the discretion of the Planning Commission. The decision of the Planning Commission shall be final. 8. The historic character of the structure shall be maintained 9. Bed and breakfast inns shall comply with all applicable adopted City fire and building codes. 10. The number of rooms permitted in the bed and breakfast inn shall be specified in the conditional use permit. Ordinance No. 2011-2362 95 Amending Title 18 — Land Use Code B. Design requirements The following design requirements shall apply to all bed and breakfast inns: 1. Parking shall be provided at a ratio of one off-street parking space for each guest room plus two spaces for the owner's unit. In addition, one space shall be provided for each employee of the shift of maximum employment. 2. One sign shall be permitted subject to approval of the Planning Commission at the time of the conditional use permit consideration. Such sign shall be compatible with the historic character of the structure in design, color and materials. The sign shall not exceed twelve inches wide by sixteen inches long and shall be mounted at a maximum height of four feet. Modification of the sign, at a later time, shall be subject to approval of the City Manager or his/her designee in accordance with site plan review. 3. Bed and breakfast inns shall comply with the design regulations for the underlying zone in which the site is located. 4. Bed and breakfast inns shall be subject to the provisions of site plan review. C. Preliminary Departmental Review Prior to submittal for a conditional use permit to operate a bed and breakfast inn, the applicant may request that the Building Official, or his/her designee, and the Fire Marshal, or his/her designee, conduct an inspection of the proposed bed and breakfast inn. After such inspection the applicant will be notified of the findings of the preliminary inspection and given a tentative list of modifications that will be required for the structure as conditions of the conditional use permit. Upon submission of the conditional use permit application and review by the departments, the above list may be added to or deleted from. The Planning Commission shall consider the findings of the Director of Building and Safety and the Fire Chief when considering the conditional use permit. 18.30.300 SOLAR ENERGY SYSTEMS Solar collectors are permitted outright as an accessory use to any principal use subject to the following standards: Solar collectors are not considered as "reflective roofing materials" and there is no limit to the specific percentage of roof coverage. A. Allowed Height of Solar Energy Systems 1. Single-family: Except within the coastal zone, photovoltaic solar energy systems may extend up to five feet above the height limit in the zoning district. Solar water or swimming pool heating systems may extend up to seven feet above the height limit in the zoning district; 2. All other properties: Except within the coastal zone, photovoltaic solar energy systems may extend up to five feet above the roof surface on which they are installed, even if this exceeds the maximum height limit in the district in which it is located. Solar water or swimming pool heating systems may extend up to seven feet above the roof surface on which they are installed even if this exceeds the maximum height limit in the district in which it is located. B. Side & Rear Yard Setbacks 1. Excluding solar collector panels, solar energy systemn equipment may be installed within the required side and rear yard but shall not be closer than three feet to any property line. C. Visibility of Solar Energy Systems 1. Excluding solar collector panels, their necessary support structure, and conduit, solar energy systems shall not be visible from the public right-of-way adjacent to the front property line. 2. Solar collector panels, their necessary support structure, and conduit, shall be installed in the location that is the least visible from abutting streets directly facing the subject property so long as installation Ordinance No. 2011-2362 96 Amending Title 18—Land Use Code in that location does not significantly decrease the energy performance or significantly increase the cost of the solar energy system as compared to a more visible location. 3. Solar collector panels, not located on the rooftop of a primary structure, garage, or accessory structure on lots adjacent to RS-land RS-2 zones shall be limited to a maximum height of six feet. Solar collector panels located in all other zones shall comply with the maximum height permitted for an accessory structure in said zone_ D. Solar collectors on historic properties 1. Add solar panels on roof surface or roof surfaces not visible from a public street or park. However, solar shingles may be added to a roof surface visible from a public way if low or non -reflective shingles are used. 2. Place solar panels or other solar devices on a non -character -defining roofline of a non -primary elevation (riot readily visible from public streets). Run solar panels and devices parallel to the original roofline. 3. Set solar panels and solar devices back from the edge of a flat roof to minimize visibility. Panels and devices may be set at a pitch and elevated, if not highly visible from public streets. 4. Select solar panels, solar devices, mechanical equipment and mounting structures with non -reflective finishes such as an anodized finish_ 5. Where permitted, paint mechanical equipment attached to the building fascia the same color as the fascia in order to blend into the building. 6. Locate detached arrays of solar panels and solar devices at a historic site in the rear or side yard if the arrays are not highly visible from the public streets or public parks and do not detract from other major character defining aspects of the site. The location of detached solar arrays should also consider visibility from adjacent properties, which shall be reduced to the extent possible while still maintaining solar access. 7. Use solar devices in non -historic windows, walls, siding or shutters that do not face public streets. 8. Use solar panels and solar devices that are similar in color to roof materials, if available. 18.30.310 TATTOO PARLORS AND BODY -PIERCING ESTABLISHMENTS A. Restrictions 1. No tattoo or body piercing establishment shall be located within one -mile of another such establishment. 2_ Tattoo parlors and body -piercing establishments shall be located no less than 1,000 feet from a church, school, or playground. 3. Tattoo parlors and body -piercing establishments shall be no closer than 250 feet from a residential zone. 4. No tattoo and body -piercing establishments shall be located east of Interstate 805. 5. A conditional use permit is required. 18.30.320 PAWN SHOPS AND BUSINESSES ENGAGED IN SECONDHAND DEALING AND/OR THE PURCHASE AND SELLING OF GOLD AND OTHER PRECIOUS METALS A. Restrictions 1. No pawn shops and businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals shall be located within 2,000 feet of another such business. 2. Pawn shops and businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals shall be no closer than 250 feet from residential zones. 3. No pawn shop or businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals shall be located east of Interstate 805. 4. A conditional use permit is required. Ordinance No. 2011-2362 97 Amending Title 18 — Land Use Code 5. A pawn shop or businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals which provides payday lending is riot exempt from the regulations of payday lenders. 18.30.330 PAYDAY LENDERS A. Restrictions 1. No more than 12 payday lending establishments shall be allowed within National City. 2. Payday lenders shall be located within shopping centers of 50,000 square feet or more and within a multi -tenant building. 3. A conditional use permit is required. 4. A pawn shop which provides payday lending is not exempt from these regulations. 18.30.340 MEDICAL MARIJUANA DISPENSARIES A. Prohibition 1. Medical Marijuana Dispensaries are prohibited. B. Definitions 1. 2. For purposes of this section, "Medical Marijuana Dispensary" shall mean a facility where marijuana is made available for medical purposes in accordance with Section 11362.5 of the California Health and Safety Code. For purposes of this section, "Marijuana" shall have the same meaning as the definition of that word in Section 11018 of the California Health and Safety Code. 18.30.350 AUTO BODY USES A. General Operation and Maintenance 1. A separate Business License shall be required of all autobody businesses operating within the City. 2. An Integrated Maintenance and Operational Plan (IMOP) shall be required of all new autobody businesses. The IMOP shall be maintained on site and provided upon request. The plan shall be in addition to, and complementary with, California's required Injury and Illness Program (IIP). 3. All autobody activities shall he conducted entirely within a building. All sanding, mixing and other pre - painting activities, as well as painting activities, are prohibited to be performed outside of a building, B. Air Pollution 1. Separate spray booths and mixing rooms shall be required. Paint spray booths shall include appropriate ventilation and filtration systems, as well as exhaust filters and/or overspray arrestors. 2. Low -volatile organic compound (VOC)-content paints shall be utilized for all painting processes (e.g., pretreatment coating, primer, paint). 3. All relevant federal, state and/or local air quality authority permits shall be required for new and renewing businesses. All such permits shall be kept current and copies provided with the application for or annual renewal of a City business license. 4. Emissions shall be at least 98% efficient in accordance with the National Emission Standards for Hazardous Air Pollutants (NESHAP), Subpart HHHHHH, or current standard in place at the time of application. Ordinance No. 2011-2362 98 Amending Title 18 — Land Use Code C. Hazardous Materials 1. Where possible, hazardous materials, such as used oil, used oil filters, antifreeze, solvents and other materials, shall be recycled_ During storage prior to recycling, all waste fluids shall be stored in separate containers. 2. All flammable or combustible materials shall be stored a minimum of 50 feet from the front property line. All such storage shall comply with the adopted Uniform Fire Code. 3. Prep stations or work areas which allow sanding, mixing and other pre -painting activities shall be separated from open work areas. All such prep stations shall be located within separate and properly ventilated areas of the facility where hazardous materials can be controlled. 4. Where practical, floor drains shall not be installed in spray booth areas. If floor drains are necessary, a control system shall be installed that captures and contains waste streams. 5. Floor drains cannot connect to stormwater or sanitary sewer systems near any spray booth areas, hazardous material storage areas (e.g., mixing rooms), or hazardous waste storage areas. 6. All new autobody facilities shall use reusable cloth rags and towels. Rags and towels for disposal shall be stored in a marked container and disposed of at an approved facility. 7. All waste streams, including paints, solvents and automobile fluids, shall be separated and clearly labeled. All containers shall remain closed except when adding or removing waste. D. Parking and Site Layout 1. Parking for auto body uses shall be provided at a ratio of one parking space per 500 square feet of gross floor area. All such parking area shall be located at the rear of the property. 2. Separate ingress and egress shall be provided for new auto body uses. Driveways shall be designed so that vehicles exiting the property may do so in a forward direction. 3. Auto body uses shall be located a minimum of 500 feet from schools or residential properties, as measured from property line to property line. 4. Vehicle access doors (e.g. bay doors, garage doors, roll -up doors) shall be located at the rear of the property. In the case of a corner lot or non -vehicular right-of-way, other methods of screening may be used. 5. Queuing in front of vehicle entry doors shall be provided for no more than four cars. Vehicles in the queue shall not block traffic flow on the property. The queuing area shall be a minimum of 24 feet wide and a maximum of 104 feet long. 6. All vehicle loading and unloading areas shall be located behind the building. E. Noise 1. All repair activities shall be in accordance with Title 12 (Noise Control) of the National City Municipal Code. F. Vehicle Storage 1. All new auto body uses shall provide a minimum of 500 square feet and a maximum of 2,000 square feet of vehicle storage area. 2. Vehicle storage time shall not exceed 30 days. Vehicles awaiting repair shall be stored in a designated storage area and shall not be stored in parking or other open areas. 3. No vehicles shall be stored on adjacent streets or within the public right-of-way. G. Security and Fencing 1. All vehicle storage areas shall be screened from adjacent properties. 2. Fencing or screening shall be solid and decorative in nature, and shall be a minimum of six feet high and a maximum of eight feet high. Ordinance No. 2011-2362 99 Amending Title 18 — Land Use Code H. Pollution Prevention 1. No hazardous materials shall be released into any groundwater system. Waste disposal systems including, but not limited to, discharge pits, dry wells, cesspools, septic system drain fields or shallow injection wells are prohibited. 2. Floor drains shall connect to a holding area or separator to collect waste, which shall be disposed of separately. 3. A Storm Water Pollution Prevention Plan (SWPPP) shall be required for all new autobody businesses. The SWPPP shall be consistent with Chapter 14.22 of the National City Municipal Code and shall be available at any time for review by city inspectors. 18.30.360 FAST FOOD EATING PLACES Fast food eating places shall be located a minimum of three hundred feet from any residential zoned properties. Ordinance No. 2011-2362 1 00 Amending Title 18 — Land Use Code DIVISION 4 GENERAL DESIGN AND DEVELOPMENT REGULATIONS CHAPTER 18-40 — GENERAL STANDARDS 18.40.010 Purpose 18.40.020 Applicability 18.40.030 Performance Standards for All Development and Land Uses CHAPTER 18-41 — SITE PLANNING STANDARDS 18.41.010 Purpose 18.41.020 Non -Residential Site Planning Standards 18.41.030 Mufti -Unit Residential Site Planning Standards 18.41.040 Common Usable Open Space Requirements CHAPTER 18-42 — BUILDING DESIGN STANDARDS 18.42.010 Purpose 18.42.020 Projections into Setbacks and Courts 18.42.030 Accessory Structures 18.42.040 Screening Mechanical Equipment and Elevator Housing 18.42.050 Commercial and Institutional Building Design Standards 18.42.060 Industrial Building Design Standards 18.42.070 Residential Building Design Standards CHAPTER 18-43 — FENCES AND WALLS 18.43.010 Purpose 18.43.020 Screening Requirements 18.43.030 Parking Lots 18.43.040 Materials, Construction, and Maintenance 18.43.050 Maximum Height 18.43.060 Prohibited Fences 18.43.070 Entry Arbors 18.43.080 Openings in View -Obscuring Fences 18.43.090 Special Fences 18.43.100 Traffic Visibility Triangles CHAPTER 18-44 — LANDSCAPING 18.44.010 Purpose 18.44.020 Applicability 18.44.030 Definitions 18.44.040 Landscape Plan 18.44.050 Requirements 18.44.060 Plant Materials 18.44.070 Turf Lawn 18.44.080 Soils and Mulching 18.44.090 Minimum Percentage of Net Lot Area to be Landscaped 18.44.100 Statuary Structures and Other Lawn Art 18.44.110 Landscape Location Requirements 18.44.120 Tree Preservation Ordinance No. 2011-2362 101 Amending Title 18 — Land Use Code 18.44.130 18.44.140 18.44.150 18.44.160 18.44.170 18.44.180 18.44.190 Landscaping Work Included in Building Permit Inspections Traffic Visibility Triangles Maintenance Required Certain Trees a Public Nuisance Nonconforming Landscaping Public Utilities Water Efficient Landscape Regulations CHAPTER 18-45 — OFF-STREET PARKING AND LOADING 18.45.010 18-45.020 18.45.030 18.45.040 18.45.050 18.45.060 18.45.070 18.45.080 18.45.090 18.45.100 18-45.110 18.45.120 Purpose and Intent Requirements, General Offsite Facilities Site Plan Review Required Off -Street Parking Requirement by Land Use Westside Specific Plan Parking Requirements Parking for Commercial Vehicles Opportunities for Reduced Parking Parking for Disabled Persons Parking Lot Design Standards Loading Requirements Bicycle Parking CHAPTER 18-46 — OUTDOOR LIGHTING 18.46.010 Purpose 18.46.020 Applicability 18.46.030 General Standards 18.46.040 Lighting Plan Requirements 18.46.050 Security Lighting 18.46.060 Accent Lighting 18.46.070 Lighting Standards for Uses with 50 Feet of Residential Zones 18.46.080 Parking Lot Lighting 18.46.090 Lighting of Outdoor Performance Sport and Recreational Facilities 18.46.100 Lighting for Multi Unit Attached Residential Projects 18.46.110 Standards for Single Family Residential Uses CHAPTER 18-47 — SIGNS AND OUTDOOR ADVERTISING DISPLAYS 18.47.010 Purpose 18.47.020 Site Plan Review and/or Sign Permit Required 18.47.030 Unlawful Display of Signs or Banners Prohibited 18.47.040 Definitions 18.47.050 Design and Maintenance 18.47.060 Permanent Signs Permitted in all Zones 18.47.070 Large Permanent Signs in Commercial, Industrial, Mixed -Use, and Institutional Zones 18.47.080 Large Permanent Signs in Shopping Centers 18.47.090 Small Permanent Signs in Commercial, Industrial, Institutional, Mixed -Use, and Multi -Family Zones 18.47.100 Pole -Mounted or Freestanding Signs in Commercial, Industrial, Mixed -Use, and Institutional Zones 18.47.110 Roof -Mounted Signs 18.47.120 Revolving Signs in Commercial and Industrial Zones 18.47.130 Temporary Signs Permitted in All Zones 18.47.140 Projecting Signs in Commercial, Industrial, Mixed -Use, and Institutional Zones Ordinance No. 2011-2362 102 Amending Title 18 — Land Use Code 18.47.150 18.47.160 18.47.170 18.47.180 18.47.190 18.47.200 18.47.210 18.47.220 18.47.230 18.47.240 18.47.250 18.47.260 18.47.270 Vehicle Signs Public Assembly Use Signs Mural Type Signs in Commercial and Mixed -Use Zones Digital Advertising Display (DAD) Signs Flags, Banners, and Pennants Signs Prohibited in All Zones Master Sign Program Removal from Abandoned Site or Building Nonconforming Signs Constitutional Severability Non -Commercial Speech Sign Regulations by Zone and Type Signs for Special Uses CHAPTER 18-48 — DENSITY BONUS AND AFFORDABLE HOUSING INCENTIVES 18.48.010 Purpose 18.48.020 Definitions 18.48.030 Density Bonus 18.48.040 Concessions, Incentives, and Development Standards 18.48.050 Application Requirements and Review 18.48.060 Density Bonus Housing Agreement CHAPTER 18-40 GENERAL STANDARDS 18.40.010 Purpose 18.40.020 Applicability 18.40.030 Performance Standards for All Development and Land Uses 18.40.010 PURPOSE This chapter expands upon the standards of Chapter 2 by addressing details of site planning, building design, landscaping, parking and loading, outdoor lighting, and signs and outdoor advertising displays. These standards are intended to ensure that all development produces an environment of stable and desirable character, is compatible with existing and future development, and protects the use and enjoyment of neighboring properties, consistent with the General Plan. 18.40.020 APPLICABILITY The requirements of this chapter shall apply to existing and new development and land uses and shall be considered in combination with the standards for the applicable zone in Chapter 2 and Specific Use Regulations in Chapter 3. If there is conflict, the standards in Chapter 3 shall control. 18.40.030 PERFORMANCE STANDARDS FOR ALL DEVELOPMENT AND LAND USES A. Purpose This section provides performance standards that are designed to minimize various potential operational impacts of land uses and development within the city, and promote compatibility with adjoining areas and land uses. B. Applicability The provisions of this section apply to all new and existing land uses, in all zones, unless an exemption Ordinance No. 2011-2362 103 Amending Title 18 — Land Use Code is specifically provided. C. Noise No use shall be established nor any activity conducted which violates the standards of the Noise Control Ordinance --Title 12 of the Municipal Code. D. Air emissions Other than as permitted by the County of San Diego Air Pollution Control District, no visible dust, gasses, or smoke shall be emitted. E. Combustibles and explosives The use, handling, storage, and transportation of combustibles and explosives shall comply with the Uniform Fire Code and California Code of Regulations Title 19. F. Dust 1. Activities that may generate dust emissions (e.g., construction, grading, commercial gardening, and similar operations) shall be .conducted to limit the emissions beyond the site boundary to the maximurn extent feasible. Appropriate methods of dust management shall include the following, subject to approval by the Building Division. a. Standards for all construction activities. The Building Official may require the following control measures for construction activities when necessary: i. Water all active construction areas twice per day and use. erosion control measures to prevent water runoff containing silt and debris from entering the streets and storm drain system; ii. Cover trucks hauling soil, sand, and other loose material; iii. Pave, water, or apply non -toxic soil stabilizers on unpaved access roads and parkina areas; iv. Sweep and collect (i.e_, vacuum) paved access roads and parking areas daily; and v. Sweep and collect (i.e., vacuum) streets daily if visible material is carried onto adjacent public streets. b. Additional standards for large construction sites. When construction is proposed on a site of four acres or larger, the following measures will be required in addition to those above when determined by the Building Official to be necessary: i. Hydroseed or apply non -toxic soil stabilizers to inactive construction areas; ii. Enclose, cover, water, or apply non -toxic soil binders to open materials stockpiles; iii. Limit traffic speeds to 15 mph on unpaved access roads: iv. Install erosion control measures to prevent silt runoff onto public roadways; v. Replant vegetation in disturbed areas within ten days after project completion; vi. Install wheel washers for exiting trucks, or wash all equipment leaving site; vii. Install wind breaks, or plant trees/vegetation at windward sides of construction areas, or avoid removing existing vegetation which acts as a windbreak; viii. Suspend excavation and grading activity when winds exceed 25 mph; and, ix. Limit area subject to excavation, grading, and other construction activities at any one time. G. Ground vibration No ground vibration shall be generated that is perceptible without instruments by a reasonable person at the property lines of the site, except for vibrations from temporary construction or demolition activities, and motor vehicle operations. Ordinance No. 2011-2362 104 Amending Title 18 - Land Use Code H. Light and glare 1. Outdoor lighting shall comply with the requirements of Chapter 18-46 (Outdoor Lighting). 2_ Any operation or activity producing glare shall be conducted or shielded so as not to cause illumination in residential zones in excess of five -tenths footcandles. Flickering or intrinsically bright sources of illumination shall be controlled so as not to be a nuisance in residential zones. 3. Illumination levels shall be measured with a photoelectric photometer having a spectral response similar to that of the human eye, following the standard spectral luminous efficiency curve adopted by the Illuminating Engineering Society of North America (IESNA). I. Liquid waste No liquid shall be discharged into a public or private body of water, sewage system, watercourse, or into the ground, except in compliance with applicable regulations of the Regional Water Quality Control Board. J. Odor 1. No obnoxious odor or fumes shall be emitted that are perceptible without instruments by a reasonable person at the property line of the site. For mixed -use buildings, commercial uses that emit odors, such as restaurants and nail salons, shall be properly ventilated to as not to impact adjoining residential uses. 2. No use shall be established nor any activity conducted which violates the standards of the Odor Control Ordinance --Title 7.08—Environmental Conditions of the Municipal Code. K. Radioactivity, electrical disturbance or electromagnetic interference None of the following shall be emitted: 1. Radioactivity, in a manner that does not comply with all applicable State and Federal regulations; or 2. Electrical disturbance or electromagnetic interference that interferes with normal radio or television reception or with the function of other electronic equipment beyond the property line of the site; or that does not comply with all applicable Federal Communications Commission (FCC) and other applicable State and Federal regulations. CHAPTER 18-41 — SITE PLANNING STANDARDS 18.41.010 Purpose 18.41.020 Non -Residential Site Planning Standards 18.41.030 Multi -Unit Residential Site Planning Standards 18.41.040 Common Usable Open Space Requirements 18.41.010 PURPOSE The purpose of this Chapter is to provide guidance and standards for site planning for nonresidential and multi -unit residential development in order to enhance safety, convenience and attractiveness for walking, transit use and bicycling; provide safe access to businesses and minimize pedestrian conflicts; and foster an attractive, quality environment to foster community pride and attract desired development and uses. 18.41.020 NON-RESIDENTIAL SITE PLANNING STANDARDS These standards apply to those areas in the city that will be developed as commercial use without a residential component (mixed -use) or areas where only a commercial use is permitted. This section considers two basic types of development: freestanding buildings and multi -tenant strip developments including mini -malls. Ordinance No. 2011-2362 105 Amending Title 18 — Land Use Code A. Shopping Center Development 1. When shopping centers are set back from the street with parking in front, 30% of the street frontage shall be lined with buildings. 2_ Parking lots for shopping centers should provide vehicular connections to adjacent commercial projects. 3. Pedestrian walkways for shopping centers should provide pedestrian connections to adjacent uses_ 4. Access drives for commercial centers should be located at least 200 feet apart and at least 100 feet from any major intersection. Access drives should be located a minimum of ten feet from property lines unless a shared drive is provided. 5. For neighborhood -serving and convenience retail centers and office and institutional developments, the first row of parking which is perpendicular to an access drive from a street shall be set back at least 40 feet from the sidewalk to provide adequate queuing distance from the street and for pedestrian safety. Larger community or regional retail centers may require significantly more setback area as determined by the Engineering Division. B. Freestanding or "Pad" Buildings 1. Except for drive-through/drive-in establishments, parking for freestanding retail or "pad" buildings fronting a public street shall be located a maximum of 20 feet from the property line. Freestanding buildings adjacent to a public street are discouraged from being separated from the sidewalk with parking. 2. The building entry shall be accentuated with architectural details and landscaping. 3. Freestanding restaurants may provide outdoor seating at the building entry. C. Drive -Through Businesses 1. Minimum vehicular queuing distance shall be established through the conditional use permit process. 2. Drive through business aisles shall have a minimum interior turning radius of 25 feet for any curves. 3. A drive -through window or lane shall not be placed between the right-of-way or internal drive and the associated building unless a ten foot wide landscape strip extending the entire length of the drive - through queuing is installed and maintained with a minimum three foot height continuous hedge and ornamental trees spaced a minimum of 20 feet on center. D. Industrial Site Planning Standards Planning standards for industrial buildings and business parks include the following: 1. Services areas shall be located at the sides or rear of buildings. Service areas located at the exterior side of buildings shall be screened from view by a combination of screen walls, landscaping, and/or portions of the building. 2. Loading areas must be designed so that trucks will not need to back in from the public street onto the site. 3. Parking for visitors shall be convenient to the main entrance. 4. Emphasis shall be placed on the building entry. 5. Buildings should be oriented so as to provide space for plazas and courtyards. 6. Outdoor storage and equipment shall be screened from public right-of-ways. E. Pedestrian Walkways 1. A pedestrian walkway within a retail center, office, industrial or institutional development shall be a minimum of five feet wide. Pedestrian walkways immediately adjacent to and perpendicular to parking stalls shall be a minimum of six feet wide. 2. Materials for pedestrian walkways may include concrete, concrete pavers, brick, stone or combination thereof or materials as approved by the Planning Division. 3. A pedestrian walkway shall provide " direct pedestrian access from peripheral sidewalks to the sidewalks that front on -site buildings and building entrances. Ordinance No. 2011-2362 106 Amending Title 18 — Land Use Code 18.41.030 MULTI -UNIT RESIDENTIAL SITE PLANNING STANDARDS A. Pedestrian Access 1 _ Unit entries adjacent to a street. Multi -unit projects should be designed with each unit adjacent to a street having its primary pedestrian entrance from the street sidewalk, or as forecourt projects with at at least the primary building entrance having access to the street sidewalk. Where individual units have access to the street sidewalk, private "front yard" outdoor space may be differentiated from the public right-of-way by a porch, or small yard (i.e., patio) enclosed by a low wall or fence not to exceed 42 inches in height. 2. Pedestrian walkways shall be provided to every unit entry. 3. Notwithstanding the provisions of Section 4450, et seq., of Chapter 7 of Title 1 of the Municipal Code, containing requirements for facilities necessary to assure access and usability for the physically handicapped, in all multi -unit residential projects the following provisions shall apply: a. Safe, convenient, well -drained pedestrian access to dwelling units, parking lots, and service areas, by provision of walks, steps or stepped ramps, so constructed as to assure reasonable durability and economy of maintenance, shall be required. b. Pedestrian walkways shall be a minimum of 36 inches in width. c. Pedestrian walkways shall be graded or ramped to no steeper than a one -to -twelve slope. 18.41.040 COMMON USABLE OPEN SPACE REQUIREMENTS A. Purpose The purpose of this section is to prescribe standards for the development of open space areas provided for the exclusive use of the occupants of a multi -unit residential building. B. Definitions 1. "Private usable open space" refers to any areas with a minimum area of 60 square feet and devoted to the following private uses: patio, porch, balcony, or private deck. 2. "Common usable open space" refers to active or passive recreational open space for use of the residents and their guests of a multi -unit residential development. Common usable open space may include gardens, playgrounds, courtyards, swimming pools, sitting areas. court games (indoor or outdoor), recreation rooms, exercise rooms or gyms, spas, community rooms, lawn/turf used for open play, ponds, fountains, atriums, picnic areas, rooftop gardens or green roofs, or similar passive or active recreational/leisure uses or facilities that are not used for enclosed dwelling unit floor area or commercial use space. C. Standards 1. For projects of three units or more, common usable open space shall be required in a minimum amount of 300 square feet per dwelling unit. 2. Private usable open space may be substituted for such common usable open space but may not exceed 100 square feet per unit. Each square foot of private usable open space shall be considered equivalent to two square feet of required common usable open space, and may he so substituted, subject to the minimum requirements for actual common usable open space. All units shall be provided with at least 60 square feet of private usable open space. 3. Both common and private usable open space provided at ground level may be provided in the interior side yard and rear yard setback areas, within courts, and within exterior side yard setback areas to within five feet of the property line. 4. Private usable open space provided above the first floor may be located in the front setback area to within 12 feet of the front property line. 5. Up to a maximum of 40 percent of the required common usable open space may be provided indoors. Ordinance No. 2011-2362 107 Amending Title 18 — Land Use Code 6. Common usable open space areas shall be provided with minimum length and width dimensions of 20 feet. 7. See the Westside Specific Plan for other open space requirements related to the MCR-1 and MCR-2 zones. CHAPTER 18-42 - BUILDING DESIGN STANDARDS 18.42.010 Purpose 18.42.020 Projections into Setbacks and Courts 18.42.030 Accessory Structures 18.42.040 Screening Mechanical Equipment and Elevator Housing 18.42.050 Commercial and Institutional Building Design Standards 18.42.060 Industrial Building Design Standards 18.42.070 Residential Building Design Standards 18.42.010 PURPOSE The purpose of standards for building design and materials is to focus efforts on good design in order to create a quality image for the city, making new buildings and building additions compatible with their surroundings, encourage reinvestment, and improve the city's economic vitality. These standards apply to those areas in the city that will be developed as a commercial or institutional use without a residential component (mixed -use) or areas where only a commercial or institutional use is permitted. 18.42.020 PROJECTIONS INTO SETBACKS AND COURTS A. Requirements -- General Every required front, side, and rear setback shall be open and unobstructed from the ground to the sky, unless otherwise provided. In addition to permitted accessory buildings and structures, the following structures may be erected or projected into any required setback: 1. Fences and walls may be erected or projected into any required setback as provided in this section. 2. Cornices, belt courses, sills, eaves, or other similar architectural features (other than bay windows or vertical projections) may project into a required interior side setback not more than two inches for each one foot of width of such side setback, and may project into any other required setback, passageway or other open space not more than 30 inches, provided the width of an exterior side setback is not reduced to less than three feet. 3. Eaves may project into a required interior side setback not more than four inches for each one foot of width of such side setback, provided the width of such side setback is not reduced to less than two and one-half feet. Eaves may also project into any other required setback, passageway or other open space not more than 30 inches, provided the width of an exterior side setback is not reduced to less than two and one-half feet. 4. Chimneys may project into a required setback, passageway or other required open space not more than two feet, provided the width of any required side setback is not reduced to less than three feet. 5. Fire escapes may project into any setback not more than four feet. 6. Open unenclosed stairways or balconies, not covered by a roof or canopy, may project into a required rear setback not more than four feet, and into a required front setback, exterior side setback side or other required open space not more than 30 inches, provided the width of an exterior side setback is not reduced to less than two and one-half feet. 7. Open, unenclosed porches, platforms or landing places, including access stairways, not covered by a roof or canopy, which do not extend above the level of the first floor of the building, may project into any required setback passageway or other open space not more than four feet, provided that in no event shall any such porch, platform or landing place be more than four feet above the adjacent natural ground level. 8. A one-story unenclosed breezeway, not over five feet in width, extending from a main residential building to an accessory parking or other accessory structure, may project into a required rear or exterior side yard setback a distance not to exceed the required setback of the accessory structure. Ordinance No. 2011-2362 108 Amending Title 18 — Land Use Code 9. Awnings or canopies without enclosing walls or screening may be attached to the exterior walls of a residential structure provided that: a. Such awnings or canopies do not extend more than four feet into a required front setback and have no vertical support within the setback or space; b. Such awnings or canopies do not extend more than 30 inches into a required side setback, rear setback, or other required open space, but in no event nearer than 30 inches to an interior lot line; c. Where such awnings or canopies project into a required front or side setback or other required open space, they may extend only over the windows or doors to be protected and for 12 inches on each side thereof. 10. Entry arbors, either freestanding or as part of a fence as provided for in this section. 18.42.030 ACCESSORY STRUCTURES A. Conditions Accessory structures and uses may be developed as permitted in this title, provided they are located on the same lot or parcel of land, and are incidental to and do not substantially alter the character of the principal permitted use. B. Alteration No accessory structure shall be structurally altered, converted, enlarged or maintained for the purpose of providing a second dwelling units unless such accessory structures are made to conform to all regulations of this title for new structures. C. Westside Specific Plan Accessory structures in the RS-4 Zone shall maintain a three foot setback from the side lot line and the rear lot line and a minimum of six feet between structures, but shall not be located in the front yard setback required except as provided by this title. 18.42.040 SCREENING MECHANICAL EQUIPMENT AND ELEVATOR HOUSING A. Standards Applicable to All Zones 1. All mechanical equipment located at ground level shall be enclosed within a permanent noncombustible enclosure subject to the approval of the building official, and subject to all yard and setback regulations. 2. All elevator housing and mechanical equipment located on the roof of any building shall be screened from adjacent views and contained within a completely enclosed penthouse or portion of the same building having walls and roofs with construction and appearance similar to the building served by the equipment and other appurtenances. 18.42.050 COMMERCIAL AND INSTITUTIONAL BUILDING DESIGN STANDARDS A. Applicability This section provides standards for commercial buildings including retail, service, office, and institutional buildings in any zone where they are permitted. B. Commercial Retail Buildings 1. Large format retail or anchor stores. a. Ground floor facades that face public streets shall have arcades, pergolas or galleries; display windows, accentuated entries or entry pavilions; awnings; raised planters; or special corner Ordinance No. 2011-2362 109 Amending Title 18 — Land Use Code treatments such as towers, turrets, angled corners with parapets, or similar architectural treatments on at least 60 percent of the total facade length. b. Facades greater than 120 feet in length measured horizontally shall incorporate wall plane projections or recesses having a depth of at least two percent of the length of the facade and extending at least 25 percent of the length of the facade. c. A minimum of 25 percent transparency (clear vision glass) is required on the ground floor of a large format retail or anchor store. 2. Freestanding or "pad" buildings. a. Freestanding retail buildings fronting a sidewalk shall be provided with sufficient display windows meeting the transparency requirements identified in Subsection E below. b. Freestanding retail or "pad" buildings within centers (multi -tenant strip developments) that do not front on a public street shall exhibit a minimum of a 50 percent window to 50 percent wall on at least three building facades. 3. Retail shops/multi-tenant development. a. Buildings facades within a multi -tenant development must provide a repeating pattern that shall include at least one of the following elements at horizontal intervals of no more than 30 feet: i. Color change; ii. Texture change; iii. Material change; or iv_ Structural bay expression through a change in plane no less than 12 inches in width such as an offset, reveal, or project rib. b. Retail storefronts set back from a street with parking in front shall provide a minimum 60 percent transparency through the use of clear vision windows and doors when located along a sidewalk, building arcade or gallery. c. Doors and windows mounted flush with the wall surface shall not be used unless in conjunction with an arcade or covered walkway. Doors and windows shall be set back in their wall openings to reveal the thickness of the wall when an arcade or covered walkway is not provided. C. Building Aesthetics and Materials 1. Articulation is required to reduce the mass and scale of large monolithic commercial buildings_ Articulation is required on at least three sides of a building's facade by use of color, changes in materials, arrangement of facade elements (such as insets, offsets or varying setbacks, canopies, window recesses, arches, arcades or colonnades, varied roof planes, vertical projections, and fenestration). The service side of a building's facade shall not require the same articulation unless it is visible from an adjacent street, park or open space or residential/residentially-zoned area 2. Any side of an office, commercial and institutional building visible from or adjacent to residential areas or residentially zoned lands shall be treated in the same manner as the street facing facade. 3. For buildings that front on a public right-of-way, internal private street or private drive intended to function as a street, the following minimum standards for transparency or clear vision glass are required: a Ground floor retail: 60 percent. b. Upper story retail: 40 percent. c. Ground floor office or institutional: 50 percent. d. Second floor office or institutional: 35 percent. 4. Rooflines. a. Both single and multi -tenant buildings shall have variations in the rooflines and roof features that are consistent with the buildings mass and scale. Roofs shall meet at least two of the following requirements: i. Decorative parapets that are a minimum of three feet in height. ii. A three-dimensional cornice treatment a minimum of 12 inches in height. iii. Overhanging eaves that extend at least two feet beyond the building facade. iv. Three or more roof planes. Ordinance No. 2011-2362 110 Amending Title 18 — Land Use Code v. Any other treatment that in the opinion of the Planning Division, meets the intent of this section. 5. Exterior facades of new buildings should be constructed of materials which will withstand the abuses of weathering and possible defacing due to vandalism. These materials should be easily maintained and attractive from any distance. In the commercial and mixed -use zones, the exteriors of all buildings or accessory structures shall be constructed of stucco, masonry, architectural concrete masonry units, pre -cast concrete, rock, and/or wood or wood simulated siding; provided, however, that all buildings or structures shall have an integrated color or painted exterior. a. Metal for use as a primary exterior building material is not permitted. The use of metal is permitted only as an accent material and may not exceed ten percent of each building facade face. b. Building fronts shall incorporate and present either a finished parapet or overhang to the street. c. All roof edges shall be finished with facia and/or combination fascia gutter. d. Finished soffits are required. e. The use of decorative materials to enhance the aesthetic appearance of the building or structure shall be required on any portion of the building or structure abutting upon a public street. 6. The exterior walls of all buildings or structures constructed within the commercial and mixed -use zones shall be of new material; provided, however, that quality used materials such as rock, red brick, or decorative masonry may be permissible. Other forms of architectural treatment of used materials may be approved by the Planning Division. 7. Color. a. The use of colors on the exterior of a building shall be limited to an appropriate and complementary palette. b. Large areas of intense white color shall be avoided except on rooftops. c. The color palette chosen for a building should be compatible with the colors of adjacent buildings except where existing buildings strongly diverge from these standards. d. Fluorescent or neon colors shall be avoided. 8. Accessory structures shall have compatible architectural details, design elements, and roof designs as the primary structure. 9. Trash and recycling enclosures. a. Standards for trash enclosures are found in Title 7, Section 7.10.080 (Enclosures required). b. Trash enclosures shall be provided with receptacles for both rubbish and recyclable materials. D. Prohibited Exterior Wall Materials The following materials are prohibited as a primary exterior wall material: 1. Unfinished concrete and concrete block, except split -face concrete block or slump block. 2. Corrugated metal, standing seam metal, or other metal wall materials. 3. Reflective mirror -type glass. 4. Plywood, including T-11 or similar wood products. 5. Imitation "rock work" veneer. 6. Corrugated fiberglass. 7. Asphalt shingles. 8. Plastic or plastic laminates. E. Prohibited Roofing Materials The following materials are prohibited for use as a roofing material: 1. Corrugated metal. 2. High contrast or brightly colored glazed tile, except where desirable for accent purposes. 3. Highly reflective surfaces. 4 Aluminum sheet metal. Ordinance No. 2011-2362 111 Amending Title 18 - Land Use Code 18.42.060 INDUSTRIAL BUILDING DESIGN STANDARDS A. Building Aesthetics and Materials 1. Long unbroken building facades shall be avoided. Facades with varied front setbacks shall be required. 2. Warehouses shall avoid blank front and exterior side wall elevations on street frontages through the use of building indentations and architectural details. 3. Building entrances to industrial use buildings shall be enhanced with architectural elements and landscaping for emphasis. 4. Materials. a. All buildings and structures shall be constructed of stucco, masonry, architectural concrete masonry units, pre -cast concrete, rock, and/or wood or wood simulated siding, and shall have an integrated color or painted exterior. b. 30 percent, including doors, of the gross area, to a 12 foot height, of any building or structure abutting on the front or exterior side yard of a lot shall be constructed of, or surfaced with, glass, stone, wood, brick, and/or decorative masonry as architectural treatment to increase the aesthetic appearance of the building. On a corner lot, if the treatment required on the exterior side yard is concentrated on the corner of the building or structure and is located nearest the corner of the intersecting streets, the percentage of required area for decorative purposes may be reduced on the exterior side yard to ten percent c. Where the end use of any building or structure prohibits the use of decorative materials in either the front or exterior side of any building or structure or it is not economically feasible to use decorative materials, a color combination of the exterior surface of integrated or painted finish may be permitted, subject to site plan review. d. The exterior walls of all buildings or structures in the industrial zones shall be of new material; provided, however, that quality used materials such as rock, red brick, or decorative masonry may be permissible. Other forms of architectural treatment of used materials may be approved by the Planning Division. e. Metal for use as a primary exterior building material is not permitted. The use of metal is permitted only as an accent material and may not exceed. 10% of each building facade face. 5. Trash and Recycling Enclosures a. Standards for trash enclosures are found in Title 7, Section 7.10.080 (Enclosures required). b. Trash enclosures shall be provided with receptacles for both rubbish and recyclable materials. 18.42.070 RESIDENTIAL BUILDING DESIGN STANDARDS A. Multi -Unit Residential Building Design Standards 1. The exterior design, height, and bulk of multi -unit projects should not negatively impact adjacent lower density residential areas. 2. Facade and roof articulation. A structure with three or more attached units should incorporate wall and roof articulation to reduce apparent scale. Changes in wall planes and roof heights, and elements such as balconies, porches, arcades, dormers, and cross gables can avoid a barracks -like quality. Long flat walls and roofs shall be avoided. Secondary hipped or gabled roofs covering the entire rnass of a building are preferred. 3. Scale. Because multi -unit projects are usually taller than one story, their bulk can be imposing on surrounding uses. Structures with greater height may require additional setbacks at the ground floor level and/or upper levels. 4. Balconies porches or patios as part of multi -unit structures are required. These elements shall be used to break up large wall masses, offset floor setbacks, and add human scale to structures, and increase neighborhood safety by providing opportunities for "eyes on the street". Individual unit entrances within a multi -unit project shall have individual covered porches. 5. Trash and recycling enclosures. a. Standards for trash enclosures are found in Title 7, Section 7.10.080 (Enclosures required). Ordinance No. 2011-2362 112 Amending Title 18 — Land Use Code b. Trash enclosures shall be provided with receptacles for both rubbish and recyclable materials. 6. Laundry facilities. For multi -unit residential projects containing nine units or more that do not provide a washer and dryer for each unit, the following laundry facilities shall be provided: one washer and one dryer for each 20 dwelling units. The minimum requirement shall be one washer plus one dryer for multi -unit residential projects containing nine to 20 dwelling units. 7_ Storage space. In all multi -unit residential projects, a storage space of not less than 150 cubic feet for each unit plus 50 cubic feet for each additional bedroom more than one. The cubic feet utilized by mechanical equipment (e.g., water heater, furnace, etc.) may not be included in the cubic footage requirement. A bedroom closet shall not be included in the cubic footage requirement. B. Mobile Homes 1 Factory -Built Housing 1. Definition. Factory -built housing includes modular housing and residential structures certified under the National Mobile Home Construction and Safety Standards Act of 1974 and as defined in 798.3 of the Civil Code. All factory -built housing and the lot on which it is placed shall comply with all applicable provisions of Title 18 of the National City Municipal Code and the Design Guidelines. 2. Eligibility. A mobile home shall not be located on a permanent foundation, on a private lot, unless it: a. Was constructed after September 15, 1971, and was issued an insignia of approval by the California Department of Housing and Community Development or was constructed after July 1, 1976, and was issued an insignia of approval by the U.S. Department of Housing and Urban Development; and, b. Has not been altered in violation of applicable codes. 3. Criteria. Mobile homes placed on a permanent foundation system, on a private lot, shall: a. Be occupied only as a residential use type; b. Meet all requirements for the zone in which located; c. Be attached to a foundation system in compliance with all applicable building regulations and Section 18551 of the Health and Safety Code; d. Have a minimum width of 20 feet; e. Be covered with an exterior material customarily used on conventional dwellings and approved by the planning division pursuant to site plan review. The exterior covering material shall extend to the ground, except that when a solid concrete or masonry perimeter foundation is used, the exterior covering material need not extend below the top of the foundation; f. Have a roof consisting of shingles or other material customarily used on conventional dwellings; g. A mobile home may be required to have a porch, eaves or roof with eaves when it is determined, pursuant to site plan review, it is necessary to have it compatible with the dwellings in the area. 4. Foundation system. The most recently adopted California Building Code specifies regulations for the mobile home foundation system. These regulations provide: a. Foundation system definition. A "foundation system" is an assembly of material constructed below, or partly below grade, not intended to be removed from its installation site, which is designed to support the structure and engineered to resist the imposition of external natural forces; b. That mobile home foundation systems be designed in accordance with the provisions of the most recently adopted California Building Code, and local soil conditions. Design conditions for roof, wind, and seismic loads applicable to permanent building foundations shall be applicable to the mobile home foundation system; c. The mobile home shall be installed in accordance with installation instructions provided by: d. The manufacturer of the mobile home, or, e. A California -licensed architect or engineer for an individual mobile home where manufacturer's installation instructions are not available; f. That both the foundation system and connection of the mobile home to the foundation system shall be capable of withstanding the design loads and concentrated loads identified in the installation instructions; g. A foundation system plan shall be provided in addition to the installation instructions. The foundation system plan may be: Ordinance No. 2011-2362 113 Amending Title 18 — Land Use Code i. Provided by the mobile home manufacturer either as a part of, or separate from, the installation instructions, ii. Provided by the installation contractor, iii_ Required to be signed by a California -licensed architect or engineer; iv. A foundation system plan approved by the California Department of Housing and Community Development will be accepted. 5_ Utility connections. The mobile home electrical, gas, water and drain connections shall be made permanent in a manner applicable to permanent buildings. Gas shut-off valves, meters and regulators shall not be located beneath the mobile homes. 6_ Surrender of registration. Prior to occupancy, the owner shall request a certification from the Planning Division that a certificate of occupancy be issued pursuant to Section 18551 (b) (2) of the California Hea•.fi; _,nd Safety Code. Thereafter, for an existing mobile home, any vehicle license plate, certificate of ownership and certificate of registration issued by a state agency is to be surrendered to the appropriate state agencies. 7. Park and school fees. Mobile homes placed on a permanent foundation shall be subject to local park and school fees in the same manner as conventional single-family dwellings. 8. Modification of criteria. Modification of the criteria set forth in this section may be granted by the Planning Division if the site plan review finds that such modification will not be detrimental to the public interest or surrounding residents or properties. No such modification may be granted from Subsections 3a, 3b, and 3c of this section. 9. Additions. Additions to a mobile home placed on a permanent foundation shall be made in accordance with all applicable laws, codes, and ordinances enforced by the City, and installation instructions provided by (site plan review required): a. The manufacturer of the mobile home; or, b. A California -licensed architect or engineer; or, c_ A building addition plan approved by the California Department of Housing and Community Development. C. Single Family Infill Standards 1. Architectural considerations_ a. New single family projects should incorporate the distinctive architectural characteristics of surrounding development, for example: window and door detailing, decoration, materials, roof style and pitch, finished -floor height, porches, bay windows, dormers, chimneys, balconies, shutters, decorative molding, and similar architectural details. b. Rooflines of building additions should be constructed to integrate the addition with the existing building. Contrasting rooflines which emphasize the separate construction of the addition, such as shed roofs extending from the wall of a structure with a hip or gable roof, should be avoided. c. Exterior materials, window details, and colors of building additions should match those of existing structures. d. Roof pitches in common use in the residential neighborhood are gable and hip. New residential construction and additions should incorporate roofs which are compatible with the existing neighborhood style. Minimize the use of flat roofs unless the surrounding context suggests their use, or the structure being added on to has a flat roof. e. Walls should be of either wood or simulated wood clapboard or stucco where the style and context would allow it. Brick or stone is recommended as an accent material. Clay tile is also a very suitable material for roofs and accents, but very shiny glazed roof tile should be avoided. f. If concrete block is used for exterior wall construction, it shall receive a finish coat of stucco. g. While two-story construction is considered acceptable in single -story neighborhoods, the structure should incorporate both vertical and horizontal variations in the wall planes in order to reduce the overall bulk of the project and develop a smaller scale to be compatible with adjacent single story structures. h. The use of any roof mounted equipment is highly discouraged for single family units. If alternatives are not feasible, equipment must he screened from view in a manner which blends with the architectural style of the house, including use of materials and colors. Ordinance No. 2011-2362 114 Amending Title 18 — Land Use Code 2. Site design considerations. a. New development should continue the functional, on -site relationships of the surrounding neighborhood. For example, in many older neighborhoods, common patterns that should be continued are entries facing the street, front porches, and parking at the rear. b. Front setbacks for new single family development in existing neighborhoods should be either: i. Equal to the average setback of all residences and buildings on both sides of public streets within 100 feet of the property lines of the new project or ii. Equal to the average of the two immediate adjacent buildings. c. In cases where averaging between two adjacent existing buildings is chosen, the new building may be averaged in a stepping pattern. d. Side yard setbacks in the neighborhood create a certain rhythm along the street. New projects or additions should be respectful of the open space pattern created by these setbacks. CHAPTER 18-43 -- FENCES AND WALLS 18.43.010 Purpose 18.43.020 Screening Requirements 18.43.030 Parking Lots 18.43.040 Materials, Construction, and Maintenance 18.43.050 Maximum Height 18.43.060 Prohibited Fences 18.43.070 Entry Arbors 18.43.080 Openings in View -Obscuring Fences 18.43.090 Special Fences 18.43.100 Traffic Visibility Triangles 18.43.010 PURPOSE The purpose of this Chapter is to establish regulations for fences and walls. The intent is to enhance the aesthetic appearance of property by providing standards relating to the quality of design materials; to create buffers between different land uses; and to protect the public health, safety, and welfare. 18.43.020 SCREENING REQUIREMENTS A. Between Land Uses 1. Where the side or rear setback of a commercial or industrial use abuts a residential zone, those side or rear setbacks of the commercial or industrial use shall be screened from the residential zone by an opaque fence or wall with a minimum six feet and a maximum height not to exceed eight feet. 2. Where the side or rear setback of a multi -family residential use abuts a single family residential zone, those side or rear setbacks of the multi -family residential use shall be screened from the single- family residential zone by and opaque fence or wall with a minimum six feet and a maximum height not to exceed eight feet. 18.43.030 PARKING LOTS A. Screening 1. Parking lots shall be screened from adjacent residential zones and adjacent streets with a five- to six- foot high fence or wall within a five foot wide landscape buffer. 2. The screening requirements for parking lots may be waived when the parking lot serves the structure or use to which the parking is accessory. 3. Required screening shall he continuous, broken only for access driveways and walkways. Ordinance No. 2011-2362 1 15 Amending Title 18 — Land Use Code 18.43.040 MATERIALS, CONSTRUCTION, AND MAINTENANCE A. Fences and Walls 1. All fences and walls shall be constructed of new or good used material, and all fences and walls shall be kept in good repair and adequately maintained. Any dilapidated, dangerous, or unsightly fences or walls shall be removed, unless otherwise required, or repaired. 2. All masonry walls shall conform to the requirements of the California Building Code. All masonry walls require a building permit. 3. Wood fencing must be constructed using pressure -treated wood posts set in concrete footings. 4. Vinyl fencing is permitted 5. Chain link fences. Chain link fencing of minimum nine -gauge wire and three and one-half inch by five inch mesh with two and one-half inch by five -sixteenths inch redwood slats may be used in screening residential or industrial areas. 18.43.050 MAXIMUM HEIGHT A. Fences and Walls 1. Fences and walls not exceeding eight feet in height and hedges may be located in setback areas; provided, that if located in any front setback or exterior side setback of any corner lot, they shall not exceed four feet in height, except that a residentially developed property in a residential zone may have a fence, wall or hedge not exceeding six feet in height within the exterior side setback of a corner lot. 2. Fences, walls and hedges over four feet in height shall not be permitted in the rear setback area of a reversed corner lot where such reverse corner lot abuts a front setback of the key lot at the rear. 3. The height of retaining walls contributes to the allowable height of fences and walls; provided, that within interior side setbacks and rear setbacks, the required height of screens or protective fences shall not be inhibited by the height of a retaining wall. The height of such protective fences shall be measured from the top of the retaining wall above or upon which the protective fence is placed. 4. Masonry walls shall not exceed a height of eight feet. Masonry walls that include a retaining wall shall not exceed a maximum height of six feet for the masonry wall and two feet eight inches for the retaining wall. 5. Up to 30 percent of the length of a fence may exceed the height limits specified in this section by up to six inches. 18.43.060 PROHIBITED FENCES A. Materials 1. The use of barbed wire, electrified fence, concertina or razor wire fence in conjunction with any fence, wall, or hedge, or by itself within any zoning district, is prohibited in residential and commercial zones unless required by law or regulation of the City, the State, or the Federal Government. 2. The use of barbed wire above six feet in height is only allowed in industrial zones except for front and exterior side yards. 3. In the Westside Specific Plan area, the use of chain link, barbed wire and razor wire fencing shall he prohibited. 18.43.070 ENTRY ARBORS A. Requirements Arbors may be placed freestanding, or at entrances along fences within required front and exterior side setbacks, subject to the following standards: 1. The height of the arbor shall not exceed ten feet. 2. The width of the arbor shall not exceed six feet between centerlines of the supports. Ordinance No. 2011-2362 116 Amending Title 18 — Land Use Code 3. A maximum two -foot overhang is permitted on each side of the center of the supports. 4. The depth of the arbor shall be no more than two feet six inches. 5. A minimum six-foot eight -inch vertical clearance above grade is required. 6. Supports shall not exceed six inches by six inches (horizontal dimensions). 7. The arbor shall not be enclosed on any side other than where attached to a building or by an entry gate that is part of an allowed fence. 8. Arbors may encroach into the entire width of the required front or exterior side setback. 18.43.080 OPENINGS IN VIEW -OBSCURING FENCES A. When Allowed 1. With the approval of a site plan, the Planning Division may allow view -obscuring fences to have visual openings, for security surveillance. Such openings shall not exceed 24 inches in width and the aggregate of openings shall not exceed 15 percent of the linear length of the fence along any side of an enclosed area. 2. Upon recommendation of the chief of police, the Planning Division or Building Division may require that security openings be provided in view -obscuring fences constructed after the effective date of the ordinance codified in this section. 18.43.090 SPECIAL FENCES A. Conditions and Restrictions Special fences are subject to review and approval by the Planning Division. Staff may impose reasonable conditions or restrictions including, but not limited to, neighbor notification, setbacks and landscape screening as staff deems necessary to secure the purpose of this title and to assure compatibility of the special fence with adjoining properties and those in the general vicinity, and may require guarantees and evidence that such conditions are being, or will be, complied with. B. Types Special fences include, but are not limited to the following: 1. Recreation area fence. Fences not to exceed 12 feet in height may be located near or around tennis courts, badminton courts, batting cages, golf courses/driving ranges, basketball or volleyball courts and similar play areas, providing that all parts of the fence over six feet are made of open -wire construction or other corrosion -resistant material; 2. Security fences. Fences not to exceed eight feet in height may be located near and around industrial, industrial or research uses where required for security purposes, screening, or containing and protecting hazardous materials; 3. Swimming pool fences. Fences required for swimming pools are governed by Chapter 15.40 of the Municipal Code. Swimming pool fences are subject to Building Official approval. 4. Wood fence posts greater than eight inches in width or depth; 5. Front yard fence posts with more than two attached lights. In no event shall such posts exceed four feet in height plus a two -foot -high light fixture; 6. Chain link fencing in residential areas is permitted in the side and rear yards with vinyl -coating and landscape screening. Chain link fencing shall not exceed six feet in height in these areas. Chain link fencing in front yards in residential areas is not permitted; 7. Gates exceeding four feet in width for pedestrian use or 14 feet in width for driveway use; 8. Other structures which in the opinion of the review authority are of a similar nature. Ordinance No. 2011-2362 117 Amending Title 18 — Land Use Code 18.43.100 TRAFFIC VISIBILITY TRIANGLES A. Sight Requirements 1 Also known as a "Sight Visibility Triangle", each corner or reversed corner lot in the commercial and industrial zones shall maintain a yard area conforming to the traffic visibility triangle requirements as defined in Table 18.43.100, except that a single supporting column, for a cantilevered roof or second story, having a diameter of eight inches or less may be located in the triangle area. 2. A visibility triangle is the area encompassed by the triangle formed by projecting lines of a specified distance from the point of intersection of the front and side street edges of pavement and a straight line connecting the termini of said projected lines. Within the area comprising the triangle, no tree, fence I , shrub, or other physical obstruction higher than three feet above the official grade lot line gra(k: ;hall be permitted. 3. The following traffic visibility triangles shall be established for the following intersection types as identified in Table 18.43.100 below: TABLE 18.43.100 Traffic Visibility Triangles Gins:ssifscation of Intersection` Types ,;{ b,is tancetMeasuremeihts from Point of Intersection of ,Front ancl Stdp_Lot Lines Driveway or Alley with any street As provided by Caltrans and AASHTO stopping sight distance criteria Local -- I_.ocal 25' Local - Collector 25' Driveway - Collector or Arterial Street 30' Collector -- Arterial 30' Arterial -- Arterial 30' CHAPTER 18-44 - LANDSCAPING 18.44.010 Purpose 18.44.020 Applicability 18.44.030 Definitions 18.44.040 Landscape Plan 18.44.050 Requirements 18.44.060 Plant Materials 18.44.070 Turf Lawn 18.44.080 Soils and Mulching 18.44.090 Minimum Percentage of Net Lot Area to be Landscaped 18.44.100 Statuary Structures and Other Lawn Art 18.44.110 Landscape Location Requirements 18.44.120 Tree Preservation 18.44.130 Landscaping Work Included in Building Permit Inspections 18.44.140 Traffic Visibility Triangles 18.44.150 Maintenance Required 18.44.160 Certain Trees a Public Nuisance 18.44.170 Nonconforming Landscaping 18.44.180 Public Utilities 18.44-190 Water Efficient Landscape Regulations Ordinance No. 2011-2362 118 Amending Title 18 - Land Use Code 18.44.010 PURPOSE The purpose of this Chapter is to provide property owners with standards in landscaping their properties. These standards will be used by the Planning Division, Planning Commission, and City Council when reviewing plans for landscaped areas. These standards are also intended to provide direction for the design, installation, and maintenance of water efficient landscaping as directed by California State law. 18.44.020 APPLICABILITY These standards shall be used when preparing landscape and irrigation plans for all multi -family residential, commercial, industrial, and institutional projects. Projects with a total landscaped area of 500 square feet or less, private yard areas for single-family dwellings, and registered historic sites shall be exempt from requirements for water efficiency identified in this Chapter. These standards shall not apply to revegetation plans that will be reviewed individually by staff and all appropriate State and Federal agencies. 18.44.030 DEFINITIONS A. Definitions Used in this Chapter 1. "Landscaping" means the use of architectural and horticultural materials to provide control of erosion, dust, weeds, and accumulation of litter in a manner complementary to the purpose of adding natural environmental quality to the premises. "Landscaping" includes the planting and maintenance of some combination of trees, shrubs, ground cover, vines, flowers, lawns or other planting materials, other than weeds, providing shade, visual screening, aesthetic enhancement, soil conservation, and the removal or reduction of fire hazards, rodent harborages, vermin, and disease -bearing creatures. In addition, the combination or design may include natural features such as rock and stone and structural features such as pools, artwork, screens, walls, fences, and benches. See also "fence," defined in Glossary, and "screening," defined in the Glossary. 2. "Landscaping maintenance" includes sufficient irrigation, fertilization, pruning, trimming and training, and all other reasonable acts necessary to keep plants in a healthy vigorous condition. "Maintenance" also includes removal of weeds, dead materials and accumulated litter, rubble or other foreign substances; and reseeding, and replacement of dead plants and planting where necessary to restore a landscaped area to the level of coverage required of a new installation. 18.44.040 LANDSCAPE PLAN A. Requirements A detailed landscape plan shall be submitted as part of a site plan review. The landscape plan shall include, but not be limited to, the following items: 1. The landscape plan shall be drawn at the same scale as the plot or site plan or at a minimum scale of one inch to 20 feet. 2. The landscape plan shall locate and identify existing and proposed buildings, walls, fences, walks, drives, utilities, etc. 3. Proposed plant location, spacing, size, species (common and botanical name). 4. Existing and proposed contours on -site and 100 feet beyond the site at intervals not to exceed two feet. 5. Height and type of construction of wall or fence, including footings_ 6. Provide the types and amounts of soil amendments (additives mixed with the soil) used per 1,000 square feet. 7. Significant site details to resolve specific site conditions, such as tree wells to preserve existing trees or culverts to maintain existing natural drainage patterns. 8. Planting and staking details in drawing form to ensure proper installation and establishment of proposed materials. Ordinance No. 2011-2362 119 Amending Title 18 — Land Use Code 9. Identification of existing trees proposed to be saved including individual tree caliper size and species. Clearly reference on the plan the total number of trees proposed to be preserved, caliper of tree saved, and number of trees requested for credit consideration. 10. Identification of tree protection method for trees proposed to be preserved. 11. Identification of existing trees over two -and -one-half inch caliper proposed to be removed. 12. Identification of grass and other groundcover or proposed seed mix and the amount in pounds to be used per 1,000 square feet and method of planting. 13. Prepare calculations for the total number of parking spaces and number of parking lot shade canopy trees required to be placed within the interior of the parking area. 14. Prepare calculations for the square footage of the 20 percent landscape area requirement. The 20 percent required landscape area shall be dearly denoted on the landscape plan. 15. For sites with existing buildings and parking that are proposed for expansion, label the net percent increase and calculated landscape requirement. 16. An irrigation and planting plan shall be submitted that meets the requirements of the Water Efficient Landscape Regulations of this Chapter. 17. Each landscape plan shall be prepared by a California licensed landscape architect, licensed landscape contractor, certified nurseryman, or other professional determined by the City to be qualified. 18.44.050 REQUIREMENTS A. General 1. Where on -site landscaping is required by this Chapter as part of a project, all landscaping work shall be included in such permit. Such landscaping shall not be considered complete until approved by the Planning Division. 2. Notwithstanding other provisions of this title requiring on -site landscaping, all buildings erected hereafter shall have the surrounding courts, yard areas, open -space areas, and public street parkways, that are otherwise unimproved, landscaped in accordance with Section 18.54.030. This shall include centrally controlled mechanical irrigation systems. 3. New single-family and two-family residences shall be landscaped with a minimum of: a. Complete landscaping of all slopes steeper than 3:1; b. Turf or suitable ground cover on all other ground area lying between the curb, or edge of roadway, within adjoining streets and the rear line of the rearmost main building and the area between the main building and the rear property line on reversed corner lots; c. This required landscaping shall include irrigation systems meeting the guidelines of this Chapter. All street parkways and slopes more than three feet in height shall have permanent centrally controlled mechanical irrigation systems. 4. All street parkways and slopes more than three feet in height shall have permanent centrally controlled mechanical irrigation systems. 5. Street trees shall be installed within the parkway of public streets at a ratio of one per 30 linear feet of frontage and may not interfere with effective street lighting. Tree selection and tree location shall be approved by the Planning Division. 18.44.060 PLANT MATERIALS A. Requirements 1. Landscaping shall include a variety of trees, shrubs, and groundcover. 2. Plant materials shall conform to or exceed the plant quality standards of the latest edition of American Standard for Nursery Stock published by the American Association of Nurserymen, or the equivalent. 3. Plant materials shall be sized and spaced to achieve immediate effect and shall not be less than a 15-gallon container for trees, five gallon container for specimen shrubs, and six inch pots for mass planting, unless otherwise approved by the regulating authority. Ordinance No. 2011-2362 120 Amending Title 18 — Land Use Code 4. Plant materials shall be selected for low water demand and drought tolerance; use of appropriate native species; adaptability to the National City environment; the geological and topographical conditions of the site; ability to provide shade; and, soil retention capability. 5. Plants having similar water use shall be grouped together in distinct hydrozones. 6. Deciduous trees shall be used to shade buildings and parking Tots in summer and allow for passive solar heating of buildings in winter. 7. Street trees shall be planted at a rate of one tree for every 30 linear feet of right-of-way. The review authority may modify this requirement depending on the chosen tree species and its typical spread at maturity. 8. Shrubs. A minimum of two, five gallon shrubs shall be provided for every six feet of distance along street frontages. 18.44.070 TURF LAWN A. Restrictions 1. Turf lawn is the landscape element which requires the most water and maintenance; therefore, the use of turf must be limited to functional areas such as playgrounds, entertainment areas, picnic areas, employee areas, play areas, etc. 2. Turf shall not exceed 20 percent of the total landscaped area. Decorative cool season turf shall not exceed 15 percent of the landscaped area. 3. Turf shall not be used in parking lot islands or strips. 4. Turf may not be planted in areas with a width of less than six feet. 18.44.080 SOILS AND MULCHING A. Requirements 1. A minimum of one -foot depth of uncompacted soil shall be provided for water absorption and root growth in each planted area. 2. Soil shall be prepared and/or amended to be suitable for the landscaping to be installed. 3. A minimum of two to three inches of mulch such as ground bark or other composted organic material shall be added in each non -turf area to the soil surface after planting. Any plant type that is intolerant to mulch shall be excluded from this requirement. 4. If a weed control barrier is needed, only porous fabrics shall be used under mulches. 5. Gravel or crushed rock for use as mulching is not permitted. 18.44.090 MINIUMUM PERCENTAGE OF NET LOT AREA TO BE LANDSCAPED The minimum area of each site to be landscaped with trees, shrubs, groundcover, or turf lawn shall be twenty percent of the net site area, except for a reduction approved by the City Manager or his/her designee due to lot size, sites with existing development, or for lots with zero setback requirements. 18.44.100 STATUARY STRUCTURES AND OTHER LAWN ART Statuary structures and other lawn art shall be limited to a maximum of three structures and shall not exceed four feet in height and two feet in depth unless otherwise determined by the Planning Division. Staff may impose reasonable conditions or restrictions including, but not limited to, neighbor notification, setbacks and landscape screening as staff deems necessary to secure the purpose of this title and to assure compatibility of the statuary structures and other lawn art with adjoining properties and those in the general vicinity, and may require guarantees and evidence that such conditions are being, or will be, complied with. Ordinance No. 2011-2362 121 Amending Title 18 — Land Use Code 18.44.110 LANDSCAPE LOCATION REQUIREMENTS A. Provisions Landscaping shall be provided in all areas of a site subject to development with structures, grading, or the removal of natural vegetation, as follows: 1 _ Setbacks. The setback and open space areas required by this Land Use Code, and easements for utilities and drainage courses shall be landscaped except where: a. Occupied by approved structures or paving b. A required single family dwelling residential setback is screened from public view; or c. They are retained in their natural state, and the review authority determines that landscaping is not necessary to achieve the purposes of this Chapter. 2. Unused areas. Any area of a project site not intended for a specific use, including a commercial pad site intended for future development, shall be landscaped unless retained in the natural state, and the review authority determines that landscaping is not necessary to achieve the purposes of this Chapter. 3. Areas adjacent to side or rear property lines. A parking area for a nonresidential use or multi -unit residential project shall provide a perimeter landscape strip at least eight feet wide where the parking area adjoins a side or rear property line_ The requirement for a landscape strip may be satisfied by a setback or buffer area that is otherwise required to be eight feet or greater. Trees shall be provided within the landscape strip at the rate of one for each 30 linear feet of landscaped area. 4. Areas adjacent to buildings. When a parking area is located adjacent to a nonresidential structure, a minimum eight -foot wide landscape strip shall be provided adjacent to the structure, exclusive of any building entries, or areas immediately adjacent to the wall of the structure that serves as pedestrian accessways_ Landscape strips shall be planted with a combination of canopy trees, ornamental trees, shrubs, perennials, ornamental grasses, and groundcover. 5. Areas adjacent to residential use. A parking area for a nonresidential use or multi -unit residential project adjoining a residential use in an RS Zone shall provide a landscaped buffer with a minimum ten foot width between the parking area and the common property line bordering the residential use. A solid, continuous decorative masonry wall or fence and landscape buffer shall be provided along the property line, except for approved access points, to address land use compatibility issues (e.g., nuisance noise and light/glare), as determined by the review authority to be necessary. Trees shall be provided at the rate of one for each 30 linear feet of landscaped area. 6. Parking lot landscape requirements. a A minimum of one shade canopy tree shall be required for every seven parking spaces in a parking lot for all zones. b. All of the required parking lot trees shall be placed within the parking lot envelope, described as the area including the parking lot surface and extending a minimum of eight to ten feet from the edge of the parking lot. c_ Landscape areas within the parking lot island shall be planted with a combination of required canopy trees, ornamental trees, shrubs, perennials, ornamental grasses, and groundcover. d. A minimum of two thirds of the required trees shall be placed within the interior of the parking area. A maximum of one third may be placed within the ten foot landscape area that surrounds a parking lot. e. A parking area for a nonresidential use adjacent to a public street shall be designed to provide a minimum ten foot wide landscape planting strip between the street right-of-way and the parking lot. f. A parking area for a residential use except for dwelling or duplex, shall be designed to provide a landscaped planting strip between the street right-of-way and parking area equal in depth to the setback required by the applicable zoning district. g. The landscaping shall be designed and maintained to screen vehicles from view from the street to a minimum height of three feet, but shall not exceed any applicable height limit for landscaping within a setback or traffic visibility triangle. Screening materials may include a combination of plant materials, earth berms, solid decorative masonry walls, raised planters, or other screening devices which meet the intent of this requirement. Ordinance No. 2011-2362 122 Amending Title 18 — Land Use Code h. All landscaping including canopy tree placement shall be dispersed throughout the parking lot in order to balance and soften the large areas of pavement and help direct traffic flow within the lot. A permanent underground irrigation system shall be provided for all landscaped areas. 18.44.120 TREE PRESERVATION A. Site Plan Requirements, Maintenance, and Credits 1. All trees over eight inches caliper shall be identified on the site plan and landscape plan with notations of trees to be preserved and trees to be removed. 2. Trees intended to be preserved shall be noted with a unique symbol on the site plan and be protected during construction through the use of construction fencing at or beyond the drip line of the tree or trees to be preserved. 3. Trees to be preserved shall be considered for credit only if they are located on the developed portion of the site. To obtain credit consideration, the preserved trees shall be of a high quality and at least two -and -one-half inches caliper. 4. The following credits will be considered for high quality trees that are preserved: a. 2-1/2" to 7.99 inches: one tree b. 8-inches to 11.99 inches: two trees c. 12 inches and over: three trees 5. To protect and encourage the continued health and vitality of the preserved trees, the ground within the drip line shall be maintained in the existing natural state. Storage of soils, construction equipment or other materials during or after construction within the tree dripline is prohibited. 6. If preserved trees die within three years after construction, the property owner shall replace with the number of trees that would have been required had the tree preservation credit not been provided. Said trees shall be replaced within 30 days of written notice from the City or within an extended time period as specified in said notice. 7. The minimum number of required trees shall not be reduced by less than 50 percent through the use of approved tree credits, unless the Planning Commission determines that during the site plan review existing vegetation intended to be preserved would provide adequate landscaping, shading, buffering or screening comparable to that required under this Chapter. 18.44.130 LANDSCAPING WORK INCLUDED IN BUILDING PERMIT INSPECTIONS Where on -site landscaping is required by this title as part of a project for which a building permit is also required, all landscaping work shall be included in such permit. Such landscaping shall not be considered complete until inspected, certified for compliance, and approved by the Planning Division. The City Fire Department is authorized to annually inspect all properties for adequacy of landscaping maintenance as a part of its annual weed abatement program. Conditions of inadequate landscaping maintenance that cannot be abated pursuant to the weed abatement provisions of the California Health and Safety Code, which nonetheless constitute unsightly or otherwise detrimental conditions, shall be reported to code enforcement for enforcement under this title. 18.44.140 TRAFFIC VISIBILITY TRIANGLE Refer to Table 18.43.100, Traffic Visibility Triangle, for regulations on landscaping. 18.44.150 MAINTENANCE REQUIRED A. Property Owner Responsibilities 1. It shall be the responsibility of each property owner to adequately maintain the landscaping of private property and the adjoining public street parkway landscaped, except street trees. All landscaping shall be properly maintained. Trees located within public street parkways will be pruned and trimmed by City forces and not by private property owners. 2. All trees, shrubs, plants, and other landscaping of parking lots, including interior landscaped areas, setbacks, and parkways shall be periodically and systematically watered, weeded, fertilized, and Ordinance No. 2011-2362 123 Amending Title 18 — Land Use Code maintained in a healthy, growing condition. Dead growth should be promptly replaced so as to maintain the designed planting scheme. 3. Land cz!ping--pruning or trimming. All growth in landscaped areas should be controlled by pruning, trimming or otherwise so that: a. It will not interfere with the maintenance or repair of any public utility; b. It will not restrict pedestrian or vehicular access; c. It will not constitute a traffic hazard because of reduced visibility. 18.44.160 CERTAIN TREES A PUBLIC NUISANCE Any tree or shrub growing or standing on private property in such a manner that any portion thereof interfere with utility poles, lines, wires or electroliers lawfully erected, constructed or maintained along any pubic street, sidewalk, or intersection or with any person or persons lawfully using the same, or any such tree which has become diseased or weakened in such a manner as to be dangerous to persons lawfully using the streets or sidewalks, or any such tree which has roots that pose a hazard to pedestrians using a sidewalk constitutes a public nuisance. The Public Works Department shall cause notice to be served upon such property owner directing that such public nuisance be abated or removed within seven days after said notice is served. The Public Works Department is authorized to abate or cause to be abatec :-,ucit public nuisance by trimming, pruning, cutting or removing all or such portion of such tree, shrub ar plant as may be necessary to eliminate such interference, obstruction or condition. Whenever it is necessary for the Public Works Department to direct the use of City employees to abate, remove, or cause to be abated or removed, public nuisances as contained in this section, he/she shall determine the cost of the work performed by City employees and bill the property owner the cost of the work performed. 18.44.170 NONCONFORMING LANDSCAPING All properties, now landscaped, which are inadequately maintained shall be brought into compliance with this Chapter upon not less than 90 days' from the date of a written notice from the City. All properties not now landscaped shall be landscaped whenever a building permit for structures valued $10,000 or more is issued for the site. AU other properties or portions of properties, not landscaped shall be kept free of rubbish, litter, debris, unused merchandise, unused building materials, machinery or vehicular paraphernalia not essential to the occupancy of the premises. 18.44.180 PUBLIC UTILITIES No species of trees or large shrubs shall be planted under overhead lines or over underground utilities if its growth might interfere with the installation or maintenance of any public utilities. 18.44.190 WATER EFFICIENT LANDSCAPE REGULATIONS A. Purpose The purpose of this section is to provide property owners with standards in landscaping their properties. These standards will be used by the Planning Division, Planning Commission, and Director or Parks and Recreation when reviewing plans for landscaped areas. These standards are also intended to provide direction for the design, installation, and maintenance of water efficient landscaping as directed by California State law. 1. Promote the values and benefits of landscapes while recognizing the need to utilize water and other resources as efficiently as possible. 2. Establish a structure for planning, designing, installing. maintaining, and managing water efficient landscapes. 3. Promote the use, when available, of tertiary treated recycled water, for irrigating landscaping. 4. Use water efficiently without waste by setting a maximum applied water allowance (MAWA) as an upper limit for water use and reduce water use to the lowest practical amount. 5. Encourage water users of existing landscapes to use water efficiently and without waste. Ordinance No. 2011-2362 124 Amending Title 18 — Land Use Code B. Definitions The following definitions shall apply to this section: 1. "Automatic irrigation controller" means an automatic timing device used to remotely control valves that operate an irrigation system. Automatic irrigation controllers shall schedule irrigation events using either evapotranspiration (ETo) (weather -based) or moisture sensor data. 2. "Building permit" means a permit to engage in a certain type of construction at a specific location. 3. "Certified landscape irrigation auditor" means a person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization, or other accredited certification program. 4. "Developer" means a person who seeks or receives permits for or who undertakes land development activities who is not a single-family homeowner. Developer includes a developer's partner, associate, employee, consultant, trustee, or agent. 5. "Director" means the development services director or anyone to whom the director has designated or hired to administer or enforce this section. 6. "Discretionary permit" means any permit requiring a decision -making body to exercise judgment prior to its approval, conditional approval, or denial. 7. "Estimated total water use" (ETWU) means the estimated total water use in gallons per year for a landscaped area. 8. "ET adjustment factor" (ETAF) means a factor that when applied to reference ETo, adjusts for plant water requirements and irrigation efficiency, two major influences on the amount of water that is required for a healthy landscape. 9. "Evapotranspiration" (ETo) means the quantity of water evaporated from adjacent soil and other surfaces, and transpired by plants during a specified time period. 10. "Reference evapotranspiration" means a standard measurement of environmental parameters which affect the water use of plants. ETo is given in inches per day, month, or year and is an estimate of the ETo of a large field of four -inches to seven-inch tall, cool season turf that is well watered. Reference ETo is used as the basis of determining the MAWA so that regional differences in climate can be accommodated. 11. "Grading" means any importation, excavation, movement, loosening, or compaction of soil or rock. 12. "Hardscape" means any durable surface material, pervious, or non -pervious. 13. "Homeowner -provided landscaping" means landscaping installed either by a private individual for a single-family residence or installed by a California licensed contractor hired by a homeowner. 14. "Hydrozone" means a portion of the landscape area having plants with similar water needs. A hydrozone may be irrigated or non -irrigated. 15. "Invasive plant species" means species of plants not historically found in California that spread outside cultivated areas and may damage environmental or economic resources. 16. "Irrigation audit" includes an in depth evaluation of the performance of an irrigation system conducted by a certified landscape irrigation auditor. An irrigation audit may include, but is not limited to, inspection, system tune up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule. 17. "Irrigation efficiency" means the measurement of the amount of water beneficially used divided by the water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. 18. "Landscaped area" means an area with outdoor plants, turf, and other vegetation. A landscaped area may include a water feature either in an area with vegetation or that stands alone. A landscaped area may also include design features adjacent to an area with vegetation. A landscaped area does not include the footprint of a building, decks, patio, sidewalk, driveway, parking lot, or other hardscape. A landscaped area also does not include an area without irrigation designated for non -development such as designated open space or area with existing native vegetation and areas dedicated for food production. 19. "Landscape Manual" means the Water Efficient Landscape Design Manual, approved by the City of National City that establishes specific design criteria and guidance to implement the requirements of this section. Ordinance No. 2011-2362 125 Amending Title 18 — Land Use Code 20. "I, ow head drainage" means a sprinkler head or other irrigation device that continues to emit water after the water to the zone in which the device is located has shut off. 21. "f onx volume irrigation" means the application of irrigation water at low pressure through a system of tubing or lateral lines and low volume emitters such as drip lines or bubblers. 22. "Maximum applied water allowance" (MAWA) means the maximum allowed annual water use for a specific landscaped area based on the square footage of the area, the ETAF, and the reference ETo. 23. "Mulch" means an organic material such as leaves, hark, straw, or inorganic mineral materials such as rocks, gravel, or decomposed granite left loose and applied to the soil surface to reduce evaporation, suppress weeds, moderate soil temperature, or prevent soil erosion. 24. "Overspray" means the water from irrigation that is delivered outside an area targeted for the irrigation and makes contact with a surface not intended to be irrigated. 25. "Pervious" means any surface or material that allows the passage of water through the material and into underlying soil. 26. "Plant factor" means a factor when multiplied by the ETo, estimates the amount of water a plant needs. 27. "Recycled water" means waste water that has been treated at the highest level required by the California Department of Public Health for water not intended for human consumption. 28. "Recreational areas" means areas of active play or recreation, such as parks, playgrounds, sports fields, golf courses, school yards, picnic grounds, or other areas where turf provides a playing surface or serves other recreational purposes. 29. "Runoff' means water that is not absorbed by the soil or landscape to which it is applied and flows from the landscaped area. 30. "Special landscaped area" means an area of the landscape dedicated to edible plants, an area irrigated with recycled water, or an area dedicated as turf area within a park, sports field, or golf course where turf provides a passive or active recreational surface. 31. "Standard Urban Strom Water Mitigation Plan" (SUSMP) means a plan designed to reduce pollutants and runoff flows from new development and significant redevelopment. 32. "SUSMP Manual" means the manual prepared for implementation of SUSMP requirements, and available for reference at the City's Development Services Department and on the City's website. 33. "Storm Water Management and Discharge Control" means regulations contained in Chapter 14.22 of the Municipal Code enacted to reduce the effects of polluted discharge on water of the state, to secure benefits from the use of storm water as a resource, to ensure compliance with the San Diego Regional Water Quality Control Board (RWQCB) and applicable state and federal law. 34. "Subsurface irrigation" means an irrigation device with a delivery line and water emitters installed below the soil surface that slowly and frequently emit small amounts of water into the soil to irrigate plant roots. 35. "Tertiary treated recycled water," means water that has been through three levels of wastewater treatment including filtration and disinfection, but not intended for human consumption. 36. "Transitional area" means a portion of a landscaped area that is adjacent to a natural or undisturbed area and is designated to ensure that the natural area remains unaffected by plantings and irrigation installed on the property. 37. "Turf" means a groundcover surface of mowed grass. 38. "Water feature" means a design element where open water performs an aesthetic or recreational function. A water feature includes a pond, lake, waterfall, fountain, artificial streams, spa, and swimming pool. Constructed wetlands used for onsite wastewater treatment or storm water best management practices are not water features. 39. "WUCOLS III" means Water Use Classification of Landscape Species and refers to the Department of Water Resources 1999 publication or the most current version. C. Applicability 1. All new industrial, commercial, institutional, or multi -family residential development with a total landscaped area less than 2,500 square feet shall provide the following: a. Install on -site landscaping and below grade automatic irrigation system in accordance with the landscape manual. Ordinance No. 2011-2362 1 26 Amending Title 18 — Land Use Code b. Landscaping shall be installed in all areas not utilized for structures, parking, drainage, and hardscape. c. Drought tolerant landscaping and water efficiency in accordance with this section and the landscape manual is encouraged. d. Parkways, between the curb and the sidewalk, bordering the development shall be provided with ground cover, shrubs, and at a minimum one 15 gallon street tree every 40 linear feet. 2. All new single-family and two-family residences with a total landscaped area less than 5,000 square feet shall provide the following: a. Install on -site landscaping and below grade automatic irrigation systems in accordance with the landscape manual. b. Landscaping shall be installed on all areas not used for structures, driveways, drainage, and hardscape. c. Drought tolerant landscaping and water efficiency for all new landscaping consistent with this section is encouraged. d. Parkways, between the curb and the sidewalk, bordering the development shall be provided with groundcover, shrubs, and at a minimum one 15 gallon street tree every 40 linear feet. 3. For all other projects that exceed the landscape area identified in 18.44.190(C)(1) and (C)(2) of this section shall apply to the following projects when a building permit or a discretionary permit is required: a. A project for an industrial, commercial, institutional, or multi -family residential use with a total landscaped area equal to or greater than 2,500 square feet. b. Developer installed residential and common area landscapes where the total landscaped area for the development is equal to or greater than two thousand five hundred square feet. c. A new single-family residence with homeowner provided landscaping, where the landscaped area is equal to or greater than 5,000 square feet. d. A model home that includes a landscaped area. e. A public agency project that contains a landscaped area equal to or greater than 2,500 square feet. f. A rehabilitated landscape for an existing industrial, commercial, institutional, public agency, or multi -family use where a building permit or discretionary permit is being issued, and the applicant is installing or modifying two thousand five hundred square feet or more of landscaping. 4. This section shall not apply to the following: a. A registered local, state, or federal historical site. b. An ecological restoration project that does not require a permanent irrigation system. c. A mined land reclamation project that does not require a permanent irrigation system. d. A botanical garden or arboretum, open to the public. e. Any single-family residence that is being rebuilt after it was destroyed due to a natural disaster, such as a fire, earthquake, or hurricane. D. Administration and Enforcement 1. The director shall administer and enforce this section. 2. The director shall provide guidance to applicants on how to comply with the requirements of this section. E. Landscape Documentation Package 1. Building permit applications for projects shall submit and have approved a landscape documentation package to the development services department prior to issuance of a building permit. A minimum of three percent of the construction cost to install the landscaping and irrigation improvements shall be submitted as a deposit to review the landscape documentation package. The developer shall be billed for actual costs incurred by the City, including actual labor charges and consultant fees, less the amount of the deposit. In addition to the fee, the landscape documentation package shall contain the following. a. A soils management report and plan that complies with Subsection F. b. Planting and irrigation plans that comply with Subsection G. Ordinance No. 2011-2362 127 Amending Title 18 — Land Use Code c. A water efficient landscape worksheet that complies with Subsection H. d. A grading plan that complies with Subsection 1, below, and Chapters 14.22 (Storm Water Management and Discharge Control) and 15.70 (Grading) of the Municipal Code. F. Soils Management Report 1. The soils management report as required by Section 18.44.190 (E)(1)(a), above shall be prepared by a licensed landscape architect, licensed civil engineer, licensed architect, or other landscape professional appropriately licensed by the state, and shall contain the following information: a. An analysis of the soil for the proposed landscaped areas of the project that includes information about the soil texture, soil infiltration rate, pH, total soluble salts, sodium, and percent organic matter. b. Recommendations about soil amendments that may be necessary to foster plant growth and plant survival in the landscaped area using efficient irrigation techniques. c. Proposed soil amendments and mulch as follows: i. The report shall identify the type and amount of mulch for each area where mulch is applied. Mulch shall be used as follows: • A minimum two-inch layer of mulch shall be applied on all exposed soil surfaces in each landscaped area except in turf areas, creeping or rooting ground covers or direct seeding applications where mulch is contraindicated. • Stabilizing mulch shall be applied on slopes. • The mulching portion of seed/mulch slurry in hydro -seeded applications shall comply with Subsection F(1), above. • Highly flammable mulch material shall not be used. • The report shall identify any soil amendments and their type and quantity. 2. When a project involves mass grading of a site, the soils report shall be submitted with the certificate of completion required by Subsection S. G. Planting and Irrigation Plan 1. The planting and irrigation plans required shall be prepared by a licensed landscape architect, licensed civil engineer, licensed architect, or other landscape professional appropriately licensed by the state. The plans shall: a. Include the MAWA for the plans, including the calculations used to determine the MAWA. The calculations shall be based on the formula in Subsection K. b. Include the ETVVU for the plans, including the calculations used to determine the ETWU. The calculations shall be based on the formula in Subsection L. c_ Include a statement signed under penalty of perjury by the person who prepared the plan that provides, "I am familiar with the requirements for landscape and irrigation plans contained in the City of National City Water Efficient Landscape Regulations (LUC Chapter 4 Section 18.44.190). I have prepared this plan in compliance with those regulations. I certify that the plan implements those regulations to provide efficient use of water." d. Demonstrate compliance with best management practices identified in Municipal Code Chapter 14.22, including the Storm Water Management, Discharge Control Ordinance and Standard Urban Stormwater Mitigation Plan (SUSMP). e. Demonstrate compliance with state and City requirements for defensible space around buildings and structures, and avoid the use of fire prone vegetation. 2. The planting plan shall meet the following requirements: a. The plan shall include a list of all vegetation by common and botanical plant name, which exists in the proposed landscaped area. The plan shall state what vegetation will be retained and what will be removed. b. The plan shall include a list of all vegetation by common and botanical plant name which will be added to each landscaped area. Invasive plant species shall not be added to a landscaped area. The plan shall include the total quantities by container size and species. If the applicant intends to plant seeds, the plan shall describe the seed mixes and applicable purity and germination specifications. Ordinance No. 2011-2362 128 Amending Title 18 — Land Use Code c. The plan shall include a detailed description of each water feature, including the type and surface area of all water features that will be included in the landscaped area. The water feature shall utilize a recirculating water system. d. The plan shall be accompanied by a drawing showing the specific location of all vegetation, retained or planted, the plant spacing and plant size, natural features, water features, and hardscape areas. The drawing shall include a legend listing the common and botanical plant name of each plant shown on the drawing. e. All plants shall be grouped in hydrozones, and the irrigation shall be designed to deliver water to hydrozones based on the moisture requirements of the plant grouping. A hydrozone may mix plants of moderate and low water use or mix plants of high water use with plants of moderate water use. No high water use plants shall be allowed in a low water use hydrozone. The plan shall also demonstrate how the plant groupings accomplish the most efficient use of water. f. The plan shall identify areas permanently and solely dedicated to edible plants. g_ The plan shall demonstrate that landscaping when installed and at maturity will be positioned to avoid obstructing motorists' views of pedestrian crossings, driveways, roadways, and other vehicular travel ways. If the landscaping will require maintenance to avoid obstructing motorist's views, the plan shall describe the maintenance and the frequency of the proposed maintenance. h. The plan shall avoid the use of landscaping with known surface root problems adjacent to a paved area, unless the plan provides for installation of root control barriers or other appropriate devices to control surface roots. i. Plants in a transitional area shall consist of a combination of site adaptive and compatible native and/or non-native species. Invasive species shall not be introduced or tolerated in a transitional area. The irrigation in a transitional area shall be designed so that no overspray or runoff shall enter an adjacent area that is not irrigated. j. Where applicable, the plan shall identify passive and active recreational areas. k. Parkways, between the curb and the sidewalk, bordering the development shall be provided with ground cover, shrubs, and at a minimum one 15 gallon street tree every 40 linear feet. 3. The irrigation plan shall meet the following requirements: a The plan shall show the location, type, and size of all components of the irrigation system that will provide water to the landscaped area, including the controller, water lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, pressure regulators, and backflow prevention devices. h. The plan shall show the static water pressure at the point of connection to the public water supply and the flow rate in gallons, the application rate in inches per hour, and the design operating pressure in pressure per square inch for each station. c. The irrigation system shall be designed to prevent runoff, overspray, low -head drainage and other similar conditions where irrigation water flows or sprays onto areas not intended for irrigation. The plan shall also demonstrate how grading and drainage techniques promote healthy plant growth and prevent erosion and runoff. d. The plan shall identify each area irrigated with recycled water. e. The plan shall provide that any slope greater than 25 percent will be irrigated with an irrigation system with a precipitation rate of seventy-five hundredths inches per hour or less to prevent runoff and erosion. As used in this section, 25 percent grade means one foot of vertical elevation change for every four feet of horizontal length_ An applicant may employ an alternative design if the plan demonstrates that no runoff or erosion will occur. f. The plan shall provide that all wiring and piping under a paved area that a vehicle may use, such as a parking area, driveway or roadway, will be installed inside a PVC conduit. g. The plan shall provide that irrigation piping and irrigation devices that deliver water, such as sprinkler heads, shall be installed below grade if they are within 24 inches of a vehicle or pedestrian use area. The director may allow on -grade piping where landform constraints make below grade piping infeasible. h. The plan shall provide that only low volume irrigation shall be used to irrigate any vegetation within 24 inches of an impermeable surface unless the adjacent impermeable surfaces are designed and constructed to cause water to drain entirely into a landscaped area. Ordinance No. 2011-2362 129 Amending Title 18 — Land Use Code i. The irrigation system shall provide for the installation of a manual shutoff valve as close as possible to the water supply. Additional manual shutoff valves shall be installed between each zone of the irrigation system and the water supply_ j. The irrigation system shall provide that irrigation for any landscaped area will be regulated by an automatic irrigation controller using either evapotranspiration or soil moisture sensor data. k. The irrigation system shall be designed with a landscape irrigation efficiency necessary to meet the MAWA. I. The plan shall describe each automatic irrigation controller the system uses to regulate the irrigation schedule, and whether it is a weather -based system or moisture detection system. The plan shall depict the location of electrical service for the automatic irrigation controller or describe the use of batteries or solar power that will power valves or an irrigation controller. m. Parkways, between the curb and the sidewalk, bordering the development shall be provided below grade irrigation. H. Water Efficient Landscape Worksheet The water efficient landscape worksheet required by section 18.44.190(E)(1)(c) shall be prepared by a licensed landscape architect, licensed civil engineer, licensed architect, or other landscape professional appropriately licensed by the state, and shall contain the following: 1. A hydrozone information table that contains a list of each hydrozone in the landscaped area of the project and complies with the following requirements: a. For each hydrozone listed, the table shall identify the plant types and water features in the hydrozone, the irrigation methods used, the square footage, and the percentage of the total landscaped area of the project that the hydrozone represents. b. The plant types shall be categorized as turf, high water use, moderate water use, or low water use. 2. Water budget calculations, which shall meet the following requirements: a. The plant factor used shall be from WUCOLS III. A plan that mixes plants in a hydrozone that requires a different amount of water shall use the plant factor for the highest water using plant in the hydrozone. b. Temporarily irrigated areas shall be included in the low water use hydrozone. Temporarily irrigated as used in this section means the period of time when plantings only receive water until they become established. c. The surface area of a water feature, including swimming pools, shall be included in a high water use hydrozone. d. The calculations shall use the formula for the MAWA in Subsection K and for the ETWU in Subsection L. e. Each special landscaped area shall be identified on the worksheet and the area's water use calculated using an ETAF of 1.0. I. Grading Plan The required grading plan shall comply with the Municipal Code Chapters 14.22 (Storm Water Management and Discharge Control) and 15.70 (Grading). See the SUSMP Manual for implementation guidelines for Chapter 14.22 to reduce runoff and the discharge of pollutants. The grading plan shall be prepared by a California licensed civil engineer, and shall comply with following requirements: 1. The grading on the project site shall be designed for the efficient use of water by minimizing soil erosion, runoff, and water waste, resulting from precipitation and irrigation. 2. The plan shall show the finished configurations and elevations of each landscaped area including the height of graded slopes, the drainage pattern, pad elevations, finish grade, and any storm water retention improvements. J. Irrigation Schedule Ordinance No. 2011-2362 130 Amending Title 18 — Land Use Code The irrigation schedule shall be prepared by a licensed landscape architect, licensed civil engineer. licensed architect or other landscape professional appropriately licensed by the State, and shall provide the following information: 1. A description of the automatic irrigation system that will be used for the project. 2. The irrigation schedule shall consider irrigation run times, emission device, flow rate, and current reference evapotranspiration so that applied water meets the estimated total water use. Total annual applied water shall be less than or equal to maximum applied water allowance (MAWA). Actual irrigation schedules shall be regulated by automatic irrigation controllers using current reference evapotranspiration data or soil moisture sensor data. 3. Overhead irrigation will be scheduled between 4:00 p.m. and 9:00 a.m., unless weather conditions prevent it. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance. 4. The parameters used for setting the irrigation system controller for watering times for: a. The plant establishment period. b. Different seasons during the year. c. Established landscaping and temporarily irrigated areas. d. Irrigation uniformity or efficiency setting. 5. The consideration used for each station based on the following factors: a. The days between irrigation. b. Stations run time in minutes for each irrigation event, designed to avoid runoff. c. Number of cycle starts required for each irrigation event, designed to avoid runoff. d. Amount of water to be applied on a monthly basis. e. The root depth setting. f. The plant type setting. g. The soil type. h. The slope factor. i. The shade factor. j. Application rate setting. k. Irrigation uniformity or efficiency setting. K. Maximum Applied Water Use 1. A landscape project subject to this section shall not exceed the MAWA. The MAWA for a landscape project shall be determined by the following calculation: MAWA = (ETo)(0.62)[0.7 x LA + 0.3 x SLA]. 2. The abbreviations used in the equation have the following meanings: a. MAWA = Maximum Applied Water Allowance in gallons per year. b. ETo = Evapotranspiration in inches per year. c. 0.62 = Conversion factor to gallons per square foot. d. 0.7 = ET adjustment factor for plant factors and irrigation efficiency. e. LA = Landscaped area includes special landscaped area in square feet. f. 0.3 = the additional ET adjustment factor for a special landscaped area (1.0 - 0.7 = 0.3). g. SLA = Portion of the landscaped area identified as a special landscaped area in square feet. L. Estimated Total Water Use 1. An applicant for a project subject to Section 18.44.190 shall calculate the ETWU for each landscaped area and the entire project using the following equation: ETWU = (ETo)(0.62)(PF x HA/IE + SLA)_ 2_ The abbreviations used in the equation have the following meanings: a. ETWU = Estimated total water use in gallons per year. b. ETo = Evapotranspiration in inches per year. c. 0.62 = Conversion factor to gallons per square foot. d. PF = Plant factor from WUCOLS. e_ HA = Hydrozone Area in square feet. Each HA shall he classified based upon the data included in the landscape and irrigation plan as high, medium, or low water use. f. IE = Irrigation Efficiency of the irrigation method used in the hydrozone_ g. SLA = Special landscaped area in square feet. Ordinance No. 2011-2362 131 Amending Title 18 — Land Use Code 3. The ETWU for a proposed project shall not exceed the MAWA. M. Adjustment to Landscaped Area for Non -Vegetated Area Rock and stone or pervious design features, such as decomposed granite ground cover that are adjacent to a vegetated area may be included in the calculation of the MAWA and ETWU provided the features are integrated into the design of the landscape area and the primary purpose of the feature is decorative. N. Regulations Applicable to Use of Turf on Landscaped Areas The following regulations shall apply to the use of turf on a project subject to Section 18.44.190: 1. Only low volume or subsurface irrigation shall be used for turf in a landscaped area when either of the following occurs: a. On a slope greater than 25 percent grade where the toe of the slope is adjacent to an impermeable hardscape. b. Where any dimension of the landscaped area is less than eight feet wide. 2. On a roadway improvement project, commercial, industrial, institutional, or multi -family project, no turf shall be allowed on a center island median strip or on a parking lot island. 3. A ball field, park, golf course, cemetery, and other similar use shall be designed to limit turf in any portion of a landscaped area not essential for the operation of the facility. 4_ No turf shall be allowed in a landscaped area that cannot be efficiently irrigated to avoid runoff or overspray. O. Projects with Model Homes A person who obtains a permit to construct a single family residential development that contains a model home or homes shall provide a summary of this section to each adult visitor that visits a model home. If an adult visitor is accompanied by one or more adults during the visit only one set of written materials is required to be provided. Each model home shall provide an educational sign in the front yard of the model home visible and readable from the roadway that the home faces that states in capital black lettering at least two inches high on a white sign, 'THIS MODEL HOME USES WATER EFFICIENT LANDSCAPING AND IRRIGATION." P. Recycled Water 1. A person who obtains a permit for a project that is subject to this section shall use recycled water for irrigation and decorative water features when tertiary treated recycled water is available from the water purveyor who supplies water to the property. 2. A person using recycled water shall install a dual distribution system for water received from the water purveyor. Pipes carrying recycled water shall be purple. 3. A person who uses recycled water under this section shall be entitled to an ETAF of 1.0. 4. This section does not excuse a person using recycled water from complying with all state and local laws and regulations related to recycled water use. Q. Landscaping and Irrigation Installation A person issued a landscape approval for a project shall install the approved landscaping and irrigation system before final inspection of the project. R. Landscaping and Irrigation Maintenance 1. A property owner using water on property subject to a landscape approval shall prepare a maintenance schedule for the landscaping and irrigation system on the project. The schedule shall provide for (1) routine inspection to guard against runoff and erosion and detect plant or irrigation system failure; (2) replacement of dead, dying and diseased vegetation; (3) eradication of invasive species; (4) repairing the irrigation system and its components; (5) replenishing mulch; (6) soil Ordinance No. 2011-2362 132 Amending Title 18 — Land Use Code amendment when necessary to support and maintain healthy plant growth; (7) fertilizing, pruning, and weeding and maintaining turf areas; and (8) maintenance to avoid obstruction of motorists' view. The schedule shall also identify who will be responsible for maintenance. 2. After approval of a landscape plan, the owner is required to: a. Maintain and operate the landscaping and irrigation system on the property consistent with the MAWA. b. Maintain the irrigation system to achieve efficiency that meets or exceeds the MAWA. c. Replace broken or malfunctioning irrigation system components with components of the same materials and specifications, their equivalent or better. d. Ensure that when vegetation is replaced, replacement plantings are representative of the hydrozone in which the plants were removed, and are typical of the water use requirements of the plants removed, provided that the replaced vegetation does not result in mixing high-water use plants with low-water use plants in the same hydrozone. S. Certificate of Completion Each person issued a landscape approval shall submit: 1. A signed certificate of completion, under penalty of perjury, on a form provided by the City of National City within ten days after installation, that includes the following: a. A statement verifying that the landscaping and irrigation were installed as allowed in the approved landscape and irrigation plan, all recommended approved soil amendments identified in the soil management report were implemented, the installed irrigation system is functioning as designed and approved, the irrigation control system was properly programmed in accordance with the irrigation schedule, and the person operating the system has received all required maintenance and irrigation plans. b. "As -built" plans submitted by the landscape design professional of record showing the changes when there have been significant changes to the landscape plan during the installation of landscaping or irrigation devices or irrigation system components. c. Signature by the landscape design professional of record. 2. An irrigation schedule that complies with Subsection J that describes the irrigation times and water usage for the project. 3. A landscaping and irrigation system maintenance schedule that complies with Subsection R. 4. A soil management report that complies with Subsection F if the applicant did not submit the report with the landscape documentation package. T. Waste Water Prevention No person shall use water for irrigation that results in runoff, low head drainage, overspray or other similar condition, water flows onto adjacent property, non -irrigated areas, structures, walkways, roadways, or other paved areas. CHAPTER 18-45 — OFF-STREET PARKING AND LOADING 18.45.010 Purpose 18.45.020 Requirements, General 18.454.030 Offsite Facilities 18.45.040 Site Plan Review Required 18.45.050 Off -Street Parking Requirement by Land Use 18.45.060 Westside Specific Plan Parking Requirements 18.45.070 Parking for Commercial Vehicles 18.45.080 Opportunities for Reduced Parking 18.45.090 Parking for Disabled Persons 18.45.100 Parking Lot Design Standards 18.45.110 Loading Requirements 18.45.120 Bicycle Parking Ordinance No. 2011-2362 133 Amending Title 18 — Land Use Code 18.45.010 PURPOSE A. Intent of this Chapter 1. Provide for the establishment of accessory off-street parking and loading facilities incidental to new uses and to major alterations and enlargements of existing uses, in order to prevent or to progressively alleviate traffic congestion and shortage of curb space; 2. Prescribe minimum off-street parking and loading requirements for the various structures and uses irrespective of the districts in which they occur; 3. Ensure that off-street parking and loading facilities are designed, developed and maintained in a manner that will assure their usefulness, provide for public safety, and, where appropriate, insulate surrounding uses from their impact. 18.45.020 REQUIREMENTS - GENERAL For any structure or use hereafter constructed, established, substantially altered, increased in intensity of use, or changed in, off-street parking and loading facilities conforming to the requirements of this Chapter shall be provided on the same lot as the main building or structure or on contiguous property_ A. Required for New or Moved Structures Parking and loading facilities shall be provided for all structures and uses hereafter constructed, established, or moved to new sites. B. Additional Facilities for Altered Structures - Requirements 1. Additional parking and loading facilities need not be provided where any structure is renovated or repaired, provided said structure is not increased in intensity of use or changed to a use requiring additional facilities. 2. Parking and loading facilities shall be provided in accordance with the requirements for an equivalent new structure where any such structure is in any way structurally altered to the extent of more than twice the latest assessed valuation prior to the alteration. (This provision applies to existing structures which, upon the effective date of the National City Land Use Code, are nonconforming as to parking and loading. The "latest assessed valuation" requirement is identical to the requirement for all nonconforming structures under the nonconforming provisions.) C. Increase in Intensity of Use 1. For the purpose of this Chapter, an increase in the intensity of use of any structure or premises shall mean the addition of dwelling units, employees, gross floor area, seating capacity, or any other unit of measurement specified in this title as a basis for determining required parking and loading facilities. 2. When the intensity of use of any structure or premises, excluding single-family detached dwellings, is increased by less than 50 percent, parking and loading facilities shall be provided for the increase but not for any existing deficiency in such facilities. 3. When the intensity of use is increased by more than 50 percent, excluding single-family detached dwellings, parking and loading facilities shall be provided for the entire structure or premises. 4. When consecutive increases in intensity of use amount to a total increase of more than 50 percent, parking and loading facilities shall be provided for the entire structure or premises. Consecutive increases shall be figured from the effective date of the National City Land Use Code or from the time of the initial construction or establishment, whichever is more recent. 5. When a single-family detached dwelling is increased or expanded to more than 2,500 square feet of floor area and/or more than four bedrooms, off-street parking facilities shall be provided for the increase but not for any existing deficiency in such facilities. Parking facilities required as a result of this Chapter may be provided in a garage, carport, or surface space. Ordinance No. 2011-2362 134 Amending Title 18 - Land Use Code D. Change in Use When the use of any structure or premises is changed to a different use, parking and loading facilities shall be provided for the different use, in compliance with the provisions of this section for increase in intensity of use. E. Permitted Facilities Any off-street parking or loading facility which is permitted but not required by this title shall comply with all regulations in this Chapter governing the location, design, improvement, operation and maintenance of such facilities. F. Reduction of Existing Facilities Accessory parking and loading facilities in existence on the effective date of the National City Land Use Code, or authorized and subsequently established under a building permit issued prior to said effective date, shall not be reduced below, or if already less than, shall not be further reduced below, the requirements for an equivalent new structure or use. All such facilities shall be continued for as long as the structure or use served is continued, or until equivalent facilities are substituted in conformance with the requirements of this title. In no case, however, shall it be necessary to continue parking or loading facilities in excess of those required by this title for equivalent new structures or uses. 18.45.030 OFFSITE FACILITIES A. Offsite Facilities — Recorded Agreements 1. Where required parking or loading facilities are provided on a lot other than the lot on which the structure or use served is located, as a prerequisite to the issuance of a building permit or certificate of occupancy, the property owners for which the facilities are required to be provided shall record an agreement, approved by the City Attorney as to form and content, in the Office of the County Recorder as a covenant running with the land for the benefit of the city. The agreement shall provide that said facilities shall be continued so long as the structure or use they intended to serve is continued. 2. Said agreement shall remain in effect until satisfactory evidence has been submitted to the Planning Division either that other parking or loading facilities meeting the requirements of this title have been provided or that the structure or use served has been removed or changed so" as to no longer require said facilities. Upon submission of such evidence, the Planning Division shall remove the restriction from the property. B. Offsite Facilities — Certificate of Occupancy for Building or Structure Being Served 1. Any certificate of occupancy for the structure or use referred to in Section 18.43.030(A) shall be valid only while such parking facilities are continued and shall bear a notation to that effect. 2. Each such certificate shall be continuously displayed in a conspicuous place in the building, or, if there is no building, on the premises. The City Manager or his/her designee shall keep a record of each off -site parking or loading facility and shall periodically inspect such facilities to ensure their continuation. 3. If such facilities are not continued, the certificate of occupancy for the structure or use served by the facilities shall be automatically canceled. The Building Official shall notify the person having custody of said structure or use of the cancellation of the certificate and the reasons therefore. The structure or use shall not thereafter be occupied or used until the required facilities are again provided in accordance with the provisions of this title and a new certificate is issued. Ordinance No. 2011-2362 135 Amending Title 18 — Land Use Code C. Requirements --General Where there is a combination of structures or uses on a lot, the total number of parking stalls and loading facilities required shall be the sum of the individual requirements of the various structures or uses on the preniises_ D. Unspecified Uses — Determination of Parking Requirements Parking requirements for structures and uses not specified in Section 18.45.050 shall be determined by the Planning Commission based on the requirements for the most comparable structure or use specified. 18.45.040 SITE PLAN REVIEW REQUIRED All parking facility improvements shall comply with the provisions of Chapter 1 Section 18.12.070 (Site Plan Review). Improvements subject to review include, but are not limited to, driveways, access to streets and alleys, arrangement of parking stalls, aisles and maneuvering areas, signs and traffic -control devices, striping, surfacing, lighting, landscaping, screening, pedestrian walkways, fire access ways, obstructions, traffic flow and protective barriers. 18.45.050 OFF-STREET PARKING REQUIREMENTS BY LAND USE The off-street parking and loading spaces as required by this section shall be completed and made available for use, including curb break and driveway installed to the established grade of the street, prior to the occupancy of the building served. A. Off -Street Parking Schedule The following is the schedule of off-street parking requirements for residential use. Each land use shall be provided the number of parking spaces required as determined in Table 18.45.050. In addition, the following information shall be used to determine off-street parking requirements. 1. Floor area. Where Table 18.45.050 establishes a parking requirement based on the floor area of a use in a specified number of square feet (e.g., 1 space per 250 square feet), the floor area shall be construed to mean gross floor area. 2. Fractions. Where application of the requirements in Table 18.45.050 results in a fractional requirement, a fraction of 0.5 or greater shall be increased to the next higher number and a fraction of less than 0.5 shall be reduced to the next lower number. Ordinance No. 2011-2362 136 Amending Title 18 — Land Use Code TABLE 18.45.050 Schedule of Off -Street Parking Requirements by Land Use Uses and Str'ucfurgs' !rum n P,prktng Spaces Required J�nrless`Otherwse Specified) Residential Uses Dwelling, single detached (RS-1 zone) 2 spaces within a garage or carport for dwellings 2,500 square feet or less. 3 spaces, including 2 spaces within a garage or carport, for dwellings greater than 2,500 square feet Dwelling, single detached (all other RS and RM zones, except within the Westside Specific Plan area) 2 spaces, including 1 space in a garage or carport, for dwellings 2,500 square feet or less. 3 spaces, including 2 within a garage or carport, for dwellings greater than 2,500 square feet. Dwelling, single attached 1.5 spaces per dwelling unit in a garage or carport Dwelling, multiple 1.3 spaces per 1-bedroom dwelling unit plus 1.5 spaces per 2- bedroom or more unit, and conveniently located guest parking of 'A space per unit for 20 units or less, plus'' 'A space for each unit over 20. l lalf of the required guest parking spaces may include parallel curb parking spaces on dedicated public streets contiguous to the site. Fraternity, Sorority House, or Dormitory 1.5 spaces for each sleeping room Mobile Horne Parks 2 spaces per unit Rectory 1 garage space per bedroom Rooming or boarding house 1 space per guest room Second dwelling unit 1 space in addition to primary residence parking requirements Senior Housing 1 space per unit plus 1 guest space for each 10 units RS-4 (Westside Specific Plan): Units greater than 1,200 square feet 2 spaces per unit RS-4 (Westside Specific Plan): Units less than 1,200 square feet 1.7 spaces per unit Gommerciai and'_Office Uses.- Banks and financial institutions 3 spaces per 1,000 square feet floor area Offices, administrative, clerical, and professional • First 5,000 square feet • 5,000 to 10,000 square feet • 10,000 to 30,000 square feet • 30,000 to 100,000 square feet • Over 100,000 square feet Number of required parking spaces varies depending on the amount of floor area as identified in the column to the left. • 1 space per 200 square feet floor area • 1 space per 250 square feet floor area • 1 space per 300 square feet floor area • 1 space per 350 square feet floor area • 1 space per 400 square feet floor area Offices, medical/dental office or outpatient clinic, veterinary hospitals and clinics 1 space per 300 square feet floor area Lodging — Hotel, motel, bed and breakfast inn 1 for each guest bedroom, plus 1 for the manager's unit Restaurant, bar, nightclub, pool hall, bowling alley, or similar establishment 10 spaces per 1,000 square feet floor area Gasoline service station 1 space per 1,000 square feet of lot area; less the footprint of any convenience store area, plus 3.3 spaces per 1,000 square feet of convenience store area Commercial recreation, indoor 2.5 spaces per 1,000 square feet floor area Retail sales 1 for each 250 square feet of floor area Personal services 1 space per 300 square feet of floor area Shopping centers with multiple tenants 1 space per 200 square feet floor area Vehicle repair or service, including car wash 1 space per 500 square feet floor area Vehicle sales or rental (new and used) 1 space per 500 square feet floor area plus one per every 2,500 square feet outdoor display area Theater/auditorium, stadium/sports arena 1 space per 5 seats Mausoleum/crematory 25 spaces per 1,000 square feet of seating area CL zone (Westside Specific Plan): Office 2.9 spaces per 1,000 square feet floor area CL zone (Westside Specific Plan): Retail 3.6 spaces per 1,000 square feet floor area CL zone (Westside Specific Plan): Industrial 2 spaces per 1,000 square feet floor area Ordinance No. 2011-2362 137 Amending Title 18 — Land Use Code Mixed -Uses MXD-1 and MXD-2 (Non-residential uses) Minimum: 2 spaces per 1,000 square feet floor area; Maximum: 4 spaces per 1,000 square feet floor area MXC-1 And ,4\C-2 (Non-residential uses' Minimum: None; Maximum: 3 spaces per 1,000 square feet floor area MXD and MXC zones: Residential — studio, 1 bedroom, and 2 bedroom units Minimum: 1 space per unit; Maximum: None MXD and MXC zones: Residential — 3 or more bedroom units Minimum: 1.5 spaces per unit; Maximum: None MCR-1 and MCR-2 (Westside Specific Plan): Residential units greater than 1200 square foci 1.5 spaces per unit MCI,..-1 a,c.a [Ai:R-2 (Westside Specific Plan): Residential units less than 1200 square feet 1 space per unit MCR-1 and MCR-2 (Westside Specific Plan): Office use., 2.9 spaces per 1,000 square feet floor area MCR-1 and MCR-2 (Westside Specific Plan): Retail uses 3.6 spaces per 1,000 square feet floor area MCR-1 and MCR-2 (Westside Specific Plan): Industnr.t ......cs 2 spaces per 1,000 square feet floor area Industrizal Uses: . Industri..: cn;;nufacturing and processing uses, waterfront related industry, wholesaling, warehouse j, and dislnhution 1 space for each 1,000 square feet of floor area Industrial/building supplies and equipment, sales and rentals 1 space per 800 square feet floor area Research and development 1 space per 400 square feet of floor area Recycling facilities 2 s aces er 1,000 s uare feet floor area Animal boarding/kennel 1 space per 500 square feet floor area Trucking and transportation terminal 2 spaces per 1,000 square feet floor area plus 1 space for every 2 fleet vehicles Institutiorlat Use',- 'r 'g en 5 Hospital or other inpatient medical institution 1 space per 3 beds, excluding bassinets Civic, fraternal, community, and cultural facilities 1 space per every 200 square feet of floor space open to the public plus 1 space per each 300 square feet of administrative office area Pubiic!rcligiou ., assembly, fraternal lodge or club, banquet fall/facilities, and similar establishments 1 space for every 35 square feet of seating area Convention center 1 space per 50 square feet floor area Child day care center, preschool, or nursery school 2 spaces per 1,000 square feet floor area Schools, elementary and middle 1.5 spaces per classroom plus area one space for each 300 square feet of office area Schools, high 1 space per each 150 square feet of classroom area plus one space for each 300 square feet office area Schools, trade, college/university, business, adult education 1 space per 40 square feet of classroom area plus 1 space per 300 square feet of office area Open Space/Agriculture` . Neighborhood and community farms Minimum 2 parking spaces, plus one additional space for every acre of garden site lot area over 2 acres. Each garden site that includes a farm stand shall provide 1 additional space for every 250 feet of floor area and outdoor display space. Ordinance No. 2011-2362 138 Amending Title 18 — Land Use Code 18.45.060 WESTSIDE SPECIFIC AREA PLAN PARKING REQUIREMENTS A. Shared parking for mixed use in MCR-1 and MCR-2 zones Shared parking may be considered where 50 percent of the parking may be shared between daytime uses (commercial and office) and nighttime uses (residential). B. Joint parking arrangements Joint parking arrangements may be developed on -site or within an off -site parking lot or parking structure located within 500 feet of the property line of the development. C. Tandem parking 1. Two -car tandem garages are permitted within the RS-4 zone. A two -car tandem garage shall measure a minimum of ten feet wide by 38 feet long. A tandem parking space within a parking structure shall be a minimum of 8.5-feet wide by 36-feet long. 2. A maximum of 25 percent of multi -family development may be provided with tandem parking spaces. 3. Tandem parking is permitted when a mechanical lift parking device is used. See subsection 18.45.100.G. 18.45.070 PARKING FOR COMMERCIAL VEHICLES In addition to the parking spaces required by Table 18.45.050, for owners, occupants, employees, customers, or visitors of structures and uses, one parking space shall be provided for each commercial vehicle used in connection with the operation of any structure or use. Parking spaces for accessory vehicles shall be provided within an open or enclosed parking facility on the same lot as the structure or use to which the vehicles are accessory. 18.45.080 OPPORTUNITIES FOR REDUCED PARKING A. Transportation Demand Management Program (TDM) The Planning Commission, appealable to City Council, may approve a reduction in off-street parking spaces otherwise required by the strict application of this section, subject to conditions it deems appropriate, when the applicant has demonstrated to the City's satisfaction that, due to the TDM program, that the spaces proposed to be eliminated for the subject development are unnecessary and that the reduction will not adversely affect the site or the adjacent area. A TDM program shall include, at a minimum, the following components_ 1. A projected reduction in parking demand expressed as a percentage of overall parking demand and the basis for such reduction; 2_ The TDM program actions to be taken by the applicant to reduce the parking demand; 3. A requirement by the applicant to periodically monitor whether the projected reductions are being achieved; and 4. A commitment and plan whereby the applicant shall provide additional parking spaces in an amount equivalent to the reduction should the TDM program not result in the projected reduction in parking demand. B. Proximity to Transit The Planning Commission, appealable to City Council, may approve a reduction in off-street parking spaces otherwise required by the strict application of this section, subject to conditions that it deems appropriate, when the subject development is conveniently accessible to a transit station. The transit station rnust either exist or is programmed for completion within the same time frame as the completion of the subject development. In addition, the subject development shall be located within a quarter -mile radius (1,320 feet) of the transit station. Such reduction may be approved when the applicant has proven Ordinance No. 2011-2362 139 Amending Title 18 — I and Use Code that the parking spaces proposed to be eliminated are unnecessary based on the projected parking demand resulting from the proximity to the transit station and such reduction in parking spaces will not adversely affect the site or the adjacent area. Parking may be reduced to no more than two parking spaces per 1,000 square feet of commercial floor area and multi -unit residential parking requirements may he reduced to no more than space for studio, one -bedroom, and two -bedroom units and two spaces for three -bedroom units. C. Shared Parking The Planning Commission, appealable to City Council, encourages parking lots for different structures or uses. or for mixed -uses, to be shared. At the applicant's request, a reduction in off-street parking spaces otherwise required by the strict application of this section, subject to conditions it deems appropriate, when the applicant has demonstrated to the review authority's satisfaction that, due to the shared parking approach, that the spaces proposed to be eliminated for the subject development are unnecessary and that the reduction will riot adversely affect the site or the adjacent area. Uses that are sharing the parking facility shall be a maximum of 500 feet from the closest parking space in a lot providing the shared spaces. D. Adjacent On -Street Parking The Planning Commission, appealable to City Council, may approve a reduction in off-street parking spaces otherwise required by the strict application of this section, subject to conditions it deems appropriate, when the applicant has demonstrated to the City's satisfaction that the spaces proposed to be elirinated for the subject development are unnecessary and that the reduction will not adversely affect the site or the adjacent area. A reduction in parking spaces will only be allowed for adjacent on -street parking when said spaces are located along the public street frontage shared with the building's facade. For example, if a building fronting a public street measures 100 linear feet and four parking spaces are located adjacent to the 100 linear feet of frontage, the parking reduction may be four spaces. Fractions of spaces will not be permitted to count towards the reduction allowance. E. Car -sharing The Planning Commission, appealable to City Council, may approve a reduction in off-street parking spaces otherwise required by the strict application of this section, subject to conditions it deems appropriate, when the applicant has demonstrated to the City's satisfaction that the spaces proposed to be eliminated for the subject development are unnecessary and that the reduction will not adversely affect the site or the adjacent area. A reduction of one parking space for each car sharing vehicle space leased by a car sharing program may be allowed for every 60 dwelling units in a multi -unit residential development. F. Motorcycle Parking Spaces Parking lots with 40 or more spaces may replace regular spaces with motorcycle spaces. One regular space may be replaced for each 40 required spaces. Motorcycle spaces shall be a minimum size of four feet by eight feet. Although more spaces may be provided, a maximum of two -and -one-half percent of the total parking space requirement based on the strict application of this section may be motorcycle parking spaces provided in lieu of automobile parking space. Motorcycle parking spaces shall be located within 100 feet of a building entry. 18.45.090 PARKING FOR DISABLED PERSONS A. California Vehicle Code Properly posted and identified off-street' parking stalls reserved for disabled persons shall be provided pursuant to California Vehicle Code Section 21107.8 et seq. or the most recently adopted Chapter 11 of Ordinance No. 2011-2362 140 Amending Title 18 — Land Use Code the California Building Code. Such parking stalls shall be included in the minimum number of parking stalls required by this Chapter. 18.45.100 PARKING LOT DESIGN STANDARDS A. Setbacks 1. Parking facilities may occupy any portion of a lot, except and as provided by this section. 2. Parking facilities shall not extend into any required yard that adjoins a street lot line. 3. Where a parking facility is on a lot not in a residential zone but which adjoins a residential zone along the same street, the parking facility shall not be located closer to the street lot line than would be permitted on the adjoining residential zone lot or 20 feet, whichever is less. The street setback provided by this provision shall extend for a distance of at least 50 feet from the adjoining residential zone. 4. All required yards separating off-street parking areas from street lot lines shall be landscaped in accordance with this chapter, except multi -unit residential projects of eight units or less. 5. All parking stalls in an open parking facility shall be setback from any dwelling unit wall on the same lot if the wall contains doors or windows which are on the same or approximately the same level as the parking facility. The setback shall be at least ten feet in width, at least one-half the width of which shall be unpaved. B. Minimum Dimensions: Stalls, Back -Up Areas, and Aisles All parking stalls for a standard size car shall measure no less than nine feet wide and 18 feet long. All two-way aisles providing access to parking stalls, including compact parking spaces, shall provide a minimum back-up and maneuvering distance of 12 feet for each space. In no instance may a two-way aisle measure less than 18 feet in width. All one-way aisles providing access to parking stalls, including compact parking spaces, shall provide a minimum back-up and maneuvering distance of 12 feet for each space, but in no instance may a one-way aisle measure less than 12 feet width. The following diagrams illustrate the minimum layout of parking stalls, back-up space, and drive aisles. The minimum back-up area for two-way aisles is 24-feet. All aisles shall be adequate to provide safe and efficient access to and from parking spaces, based on minimum standards administered by the City Traffic Engineer. Two feet shall be added to the width of the stall for stalls abutting a building, fence, or other obstruction. Ordinance No. 2011-2362 141 Amending Title 18 — Land Use Code Parking Lot Design Standards Dimensions i9 18' No Less Than 18' 12' 12' 18' 24' 24' Total Standard Size Car Minimum Stall, Back -Up, and Two -Way Aisle Dimensions 16' Min. 24' No I ess than 18' \/\% Compact Size Car Minimum Stall, Back -Up, and Two -Way Aisle Dimensions 24Total i9. 16' 12' 12' 16' 18' \A_Ay2\y2\2 No Less Than 12' Standard Size Car Minimum Stall, Back -Up, and One -Way Aisle Dimensions 18' No Less Than 12' 16' Compact Size Car Minimum Stall, Back -Up, and One -Way Aisle Dimensions Ordinance No. 2011-2362 142 Amending Title 18 — Land Use Code C. Parking Stalls — General Provisions 1. Parking stalls --openings. All parking stalls shall open directly on a maneuvering or turnaround area, an access driveway, or an aisle leading to an access driveway, and shall be individually and continuously accessible. 2. Parking stalls --location. All parking stalls shall be so located and free of obstructions that parking can be accomplished in a continuous forward movement and unparking can be accomplished with not more than one backing movement and one forward movement. 3. Vertical clearance. Each parking space shall have a vertical clearance of at least seven feet. D. Driveways and Aisles — General Provisions 1. Access to streets or alleys. a. Access driveways shall be provided between each parking facility and a public street or alley. Lots should not have access from predominantly residential streets, except when the lot is serving a residential use. Residential driveways shall be permitted only on an arterial street where no other access to the property exists. b. One-way driveways and driveways serving a single-family residence shall have a minimum width of 12 feet; except for driveways leading to a single car garage or parking space where the City Manager or his/her designee may authorize a lesser width. c. Two-way driveways between a street and private parking facilities shall have a minimum width of 18 feet. Two-way driveways between a street and public parking facilities shall have a minimum width of 24 feet. Two-way driveways within a parking facility connecting separated areas of parking spaces shall have a minimum width of 18 feet, or as otherwise required by this section. d. Where access is available from any,adjoining or abutting alley to any lot proposed for residential or mixed use development in the commercial zones, access to the required residential parking facility shall be from that alley when appropriate to avoid access to commercial collector or arterial streets. 2. Internal circulation --generally. All parking facilities, except those serving not more than two dwelling units, shall be arranged so that: a. Any vehicle entering a public street can do so traveling in a forward motion; b. A vehicle entering the parking facility shall not be required to enter a street to move from one location to any other location within the parking facility or premises. 3. Internal circulation --serving not more than two dwelling units. Parking facilities serving not more than two dwelling units shall be arranged so that any vehicle entering a street can do so traveling in a forward motion where: a. The parking facility is served by a single access driveway that is less than 20 feet in width and more than 100 feet in length; b. The access driveway opens upon an arterial street. 4. Vehicle maneuver restrictions. All parking facilities, except those serving not more than two dwelling units, shalt be arranged so that parking maneuvers can be accomplished without driving, maneuvering, or encroaching into or upon any public right-of-way, walkway, or unpaved landscaped area within or adjoining the parking facility. 5. Parking facilities —Driveway vertical clearance. The minimum vertical clearance for driveways shall be 13 feet six inches to allow for the passage of emergency vehicles, or as required by the City Fire Department, whichever is greater. 6. Parking facilities —aisles, approach lanes, and maneuvering areas for two-way traffic. For two-way traffic within parking facilities, all aisles, approach lanes and maneuvering areas shall have a minimum width as specified in this section or as required by the City Fire Department for emergency access, whichever is greater. 7. Parking facilities --one-way aisles --width. One-way aisles shall have a minimum width of 12 feet or as specified in this section, whichever is greater. 8. Parking facilities --one-way aisles --directional markings. One-way aisles shall have directional markings to indicate one-way circulation. Ordinance No. 2011-2362 143 Amending Title 18 — Land Use Code 9. Parking facilities --entrances and exits. a. The location and design of all street or alley entrances and exits for off-street parking facilities shall be subject to the approval of the City Engineer, to insure traffic safety. b. Each exit to a parking lot shall be constructed and maintained so that any vehicle leaving the parking lot shall be clearly visible to a person reaching a point ten feet from the edge of the approach to the driveway nearest to him, when the vehicle is at a point distant ten feet from the property line within the parking lot. Exits from parking lots shall be clearly posted with stop signs. Appropriate bumper guards, entrance and exit signs, and directional signs shall be maintained where needed. Upon a finding that parking facilities cause imminent hazard upon adjoining public streets, the City Engineer may order the placement and maintenance of such guards and signs. Failure to comply with any such order may be grounds for a finding of a public nuisance. 10. Vertical clearance. The minimum vertical clearance for driveways shall be 13 feet six inches to allow for the passage of emergency vehicles, or as required by the City Fire Department, whichever is greater. E. Compact Car Parking 1. In the industrial, institutional zones, commercial, and mixed -use zones (except retail uses) 25 percent of the parking stalls required by the schedules set out in this section may be allocated to compact car spaces. No compact parking spaces shall be permitted for retail uses and guest and visitor parking. 2. For residential multifamily use, one parking space may be compact in size for every ten parking spaces required. 3. All parking spaces provided in excess of the number required by Table 18.45.050 set out in this section may be allocated to compact car spaces. 4. All parking facilities constructed, installed or modified to incorporate compact car spaces shall comply with the provisions of this section. Design features subject to review shall include, but are not limited to, specific findings of good circulation, adaptability to balance of parking lot; easy identification and adequate signs and pavement markings. The design of such signs and markings shall be subject to approval of the Planning Division. 5. Maintenance of parking facilities pursuant to this section shall also include maintenance of all special compact car signs and pavement markings shown on approved site plans or otherwise required by this section. 6. The dimensions of compact car parking stalls, back-up areas, and drive aisles shall be as indicated in the diagrams in Section 18.45.100(B). F. Dimensions for Garage or Carport Areas and Openings 1. A one -car garage or carport shall contain an unobstructed interior parking area of a minimum of 11 feet wide by 19 feet deep. A two -car garage or carport shall contain an unobstructed interior parking area of a minimum of twenty feet wide by nineteen feet deep. 2. A garage for more than two cars shall contain a minimum area of nine feet by 18 feet for each additional car. 3. A single -car garage door or opening to a single space carport shall be a minimum of eight feet wide; a two -car garage door or opening to a two -space carport shall be a minimum of 16 feet wide. For larger parking garages or carports serving multifamily residential or nonresidential development, openings shall be increased in width by at least one foot if a column, post, or similar obstruction is located within at least three -and -one-half feet of the opening to the stall. G. Mechanical Lift Parking Mechanical lifts for vertical storage of vehicles are permitted in the Downtown and Westside Specific Plan areas. Each vertically stacked space shall count as one space. Mechanical lifts shall be completely enclosed or fully screened from street view and adjacent residential zones. Vertically stacked vehicles are exempt from the seven foot vertical clearance requirement. All mechanical parking equipment must be designed, installed, constructed, and maintained so as to be reasonably safe to life, limb, and adjoining Ordinance No. 2011-2362 144 Amending Title 18 — Land Use Code property and must be reviewed by the City Manager or his/her designee prior to installation or construction. H. Motorcycle Parking Each motorcycle parking space shall measure at least four feet wide and 32 square feet in total area. Motorcycle parking spaces shall be located within 100 feet of a building entry. 1. Pedestrian Walkways 1. All parking facilities shall have safe, unobstructed, convenient, well -drained pedestrian access by provision of walks, steps or stepped ramps, so constructed as to assure reasonable durability and economy of maintenance. 2. Pedestrian walkways shall be a minimum of five feet in width_ Pedestrian walkways located immediately adjacent to and perpendicular to a parking stall shall be a minimum of six feet. 3. The preferred gradient for pedestrian walkways is no greater than five percent. Pedestrian walkways shall not exceed a gradient of 12 percent. Pedestrian walkways between five percent and 12 percent gradients shall be provided with handrails. 18.45.110 LOADING REQUIREMENTS A. General Provisions 1. On the same premises with every building, structure or part erected and occupied in the commercial or industrial zones, there shall be provided and maintained, on the lot, adequate space for standing, loading and unloading services, in order to avoid undue interference with public use of the streets or alleys. 2. Such space, unless otherwise adequately provided for, shall include one 12 foot by 50 foot loading space with a 14 foot height clearance for every 20,000 square feet or fraction thereof of building floor area, or for every 20,000 square feet or fraction thereof of land use. 3. All loading facilities shall be improved in accordance with the requirements established for parking facilities by this section. 4. Required loading facilities shall be used exclusively for the loading and unloading of vehicles concerned with the transportation of goods or materials. Loading facilities shall not be used to satisfy the stall requirements for parking facilities, nor shall they be used for the sale, display, rental or repair of motor vehicles. 5. Loading facilities shall be screened as provided in this section except that all loading berths exceeding 25 feet in length which are located within 50 feet of a residential zone shall be enclosed or screened from the residential zone by a solid masonry wall not less than six feet nor more than eight feet in height. 6. No interior landscaping of loading areas shall be required. 7. All loading facilities shall be arranged so that any vehicle utilizing the facility may enter a street traveling in a forward motion. 8. Each loading berth shall open directly upon a maneuvering or turnaround area, an access driveway, an aisle leading to an access driveway, or an alley, and shall be easily accessible. 9. All access driveways serving loading facilities shall conform to the requirements established in this section for parking facility access driveways, but in addition shall be located so that any street entrance or exit to or from the loading facility is at a point at least 50 feet from the nearest point of intersection of any two streets and at least 30 feet from any lot in a residential district. B. Number of Spaces Required The following loading and unloading spaces shall be provided and maintained as specified below for the use to which the property is devoted. Fractional requirements are omitted. Encroachment of the loading space on a public right-of-way is not permitted. Ordinance No. 2011-2362 145 Amending Title 18 — Land Use Code 1. Retail and wholesale markets, warehouses, hotels, hospitals, laundry and dry cleaning establishments and other places where large amounts of goods are received and shipped, no loading space is required for a building less than 10,000 square feet in gross Floor area. 2. For such buildings with 10,000 to 40,000 square feet in gross floor area, one off-street loading space shall be required. 3. For such buildings with greater than 40,000 square feet in gross floor area, one off-street loading space is required for each 40,000 square feet in total gross floor area. 18.45.120 BICYCLE PARKING A. Number of Spaces Required The following minimum off-street bicycle parking facilities shall be required for all new or expanded developments. Calculation of bicycle parking facilities shall be based on the off-street vehicle parking spaces required prior to consideration of any vehicle parking reduction measures. Fractional requirements up to one-half shall be omitted. One-half or over shall require one space. Calculation of bicycle parking facilities for mixed use land uses shall be based on the individual use as identified in Table 18.45.120A, below. - TABLE 18.45.120A Bicycle Parking Requirements by Land Use gquITP.. lumberof Btcycle PaT itt`g paces • Multi -family Residential 1 for every 10 vehicle parking spaces Senior Housing 1 space for every 20 dwelling units Health Care Facilities 1 space for every 10 vehicle parking spaces Retail Commercial, Public and Civic 1 space for every 20 vehicle parking spaces Public Assembly, Health Clubs, Hotels, Private Clubs and Lodges 1 space for every 10 vehicle parking spaces Business, professional, and corporate office 1 space for every 10 vehicle parking spaces Industrial 1 space for every 10 vehicle parking spaces B. Bicycle Parking Design 1. Bicycle parking facilities shall be installed in a manner which allows adequate spacing for access to the bicycle. and the locking device when the facilities are occupied. Space allowances shall be 30 inches wide and six feet long per bicycle and include a five foot maneuvering space behind the bicycle. At least seven feet of vertical clearance is required. 2. The facilities shall be located on a hard dust -free surface, such as asphalt or a concrete slab. 3. Bicycle parking facilities shall be located in view of building entrances or in view of windows and/or security personnel stations. At least 50 percent of required bicycle parking must be located within 50 feet of a customer entrance, and the remainder must be located within 100 feet of any entrance. 4. Bicycle spaces shall be separated from sidewalks, motor vehicle parking spaces or aisles by a fence, wall, or curb, or by at least five feet of open area, marked to prohibit motor vehicle parking. C. Required Shower Facilities All news buildings and additions to existing buildings that result in a total floor area as shown in the following table are encouraged to provide employee showers and dressing areas for each gender as shown in the following Table 18.45.120B Ordinance No. 2011-2362 146 Amending Title 18 — Land Use Code TABLE 18.45.120B Required Number of Showers Office Use (Business, Professional) Retail trade and services Industrial/Manufacturing Number of . Specified 1 Shower for Each Gender 50,000 to 149,000 square feet 100,000 to 299,999 square feet 50,000 square feet or more CHAPTER 18-46 - OUTDOOR LIGHTING 18.46.010 18.46.020 18.46.030 18.46.040 18.46.050 18.46.060 18.46.070 18.46.080 18.46.090 18.46.100 18.46.110 18.46.010 ovirer's Re uire' 9, por Each 100,000 square feet over 150,000 Each 200,000 square feet over 300,000 N/A Purpose Applicability General Standards Lighting Plan Requirements Security Lighting Accent Lighting Lighting Standards for Uses with 50 Feet of Residential Zones Parking Lot Lighting Lighting of Outdoor Performance Sport and Recreational Facilities Lighting for Multi Unit Attached Residential Projects Standards for Single Family Residential Uses PURPOSE A. Intent and Purpose of this Chapter 1. To provide reasonable restrictions and limitations upon the use of lighting in or near the residential zones of the City so as to prevent lighting from creating a nuisance to residents within said residential zones. It is recognized that lighting is widely used in commercial or industrial zones for the purpose of advertising and security and that such lighting is essential to the conduct of many commercial or industrial enterprises. 2. The City acknowledges that protective security lighting in residential zones constitutes a deterrent to crime and an aid in taw enforcement and contributes generally to the safety of those persons residing in such residential zones. It is further accepted that properly controlled lighting in residential areas used for landscaping and highlighting of architectural features of buildings and structures enhances and promotes the aesthetic condition of the property and the general welfare of the area. 3. It is equally recognized that lighting, by virtue of its intensity, brightness, direction, duration and hours of operation, can constitute a nuisance to adjacent residential dwellers. The purpose and intent of this section is to establish outdoor lighting standards that reduce the impacts of glare, light trespass, overlighting, skyglow, and poorly shielded or inappropriately directed lighting fixtures and that promote safety and energy conservation. 4 It is the intent of the City to adopt this section to encourage the continued and appropriate use of lighting for (he purposes set forth in this section, but to require that said lighting be regulated and controlled in a manner so as to avoid the creation of a public nuisance in residential areas. All outdoor lighting in National City shall be regulated by this Land Use Code and by the State of California Tithe 24 Energy Efficiency Standards for outdoor lighting requirements. Ordinance No. 2011-2362 147 Amending Title 18 — Land Use Code 18.46.020 APPLICABILITY A. New Uses, Buildings, and Additions Unless specifically exempted elsewhere in this Chapter, the provisions of this Chapter shall apply to all outdoor lighting for proposed new land uses, developments, buildings, structures, or building additions that require a permit. B. Non -Conforming Uses, Structures, or Lots Whenever a nonconforming use, structure or lot is abandoned for a period of one year and then re crunmenced or changed to a new use, then any existing outdoor lighting shall be reviewed and brought into compliance with the provisions of this Chapter as necessary for the entire building, structure or premises, to the maximum extent possible as determined by the Planning Division. 18.46.030 GENERAL STANDARDS A. Outdoor Lighting Fixtures All outdoor lighting fixtures shall be designed, shielded, aimed, located, and maintained to shield adjacent properties and to not produce glare onto adjacent properties or roadways. Parking lot light fixtures and light fixtures on buildings shall be full cut-off fixtures. B. Street Lighting Street lighting shall be provided in accordance with the requirements of the National City Standards Manual. C. Prohibited Lighting Flashing, revolving, intermittent exterior lighting or internally illuminated signs are prohibited. High intensity light beams, such as, but not limited to, outdoor searchlights, lasers, or strobe lights shall be prohibited. D. Lighting for Safety In all multiple family residential, commercial, or industrial developments, all sites shall be well lit so as to provide safe pedestrian and vehicular access and to eliminate dark areas. 18.46.040 LIGHTING PLAN REQUIREMENTS A. Exterior Lighting Plan The applicant shall submit to the Planning Division sufficient information, in the form of an overall exterior lighting plan, to enable the director to determine that the applicable provisions will be satisfied. The exterior lighting plan shall include, at a minimum, the following information: 1. Manufacturer specification sheets, cut sheets or other manufacturer provided information for all proposed lighting fixtures. 2. The proposed location, mounting height, and aiming point of all exterior lighting fixtures. 3. If building elevations are proposed for illumination, drawings shall be provided for all relevant building elevations showing the fixtures, the portions of the elevations to be illuminated, the luminance levels of the elevations, and the aiming point for any remote light fixture. If only architectural lighting below five foot-candles is proposed, this section or any portion of it may be waived by the director_ 4. A brief written narrative which describes the objectives of the lighting_ Ordinance No. 2011-2362 148 Amending Title 18 — Land Use Code 5 Photometric data, Color Rendering Index (CRI) of all lamps (bulbs), and other descriptive information of the fixtures, and, if applicable or required, designation as Illuminating Engineering Society of North America (IESNA) "cut-off" fixtures. 6. A computer generated photometric grid showing foot-candle readings every ten feet within the property or site, and ten feet beyond the property lines at a scale specified by the director. Iso foot- candle contour line style plans may be substituted for the photometric grid. 7. For exterior lighting installations within 50 feet of upper level living units, horizontal and vertical projection of photometric data is required. 8. If needed to review proposed exterior lighting installations, the director may require additional information following the initial lighting plan submittal, including but not limited to: a. Landscaping information that indicates mature tree size; b. Shrubbery and other vegetation in order to evaluate the long-term and seasonal effectiveness of lighting or screening of lighting. 18.46.050 SECURITY LIGHTING A. Defined For the purposes of this section, security lighting is defined to include the following: lighting intended to reduce the risk (real or perceived) of personal attack and lighting intended to discourage intruders, vandals, or burglars, and to protect property_ B. Shielded and Aimed All security lighting fixtures shall be shielded and aimed so that illumination is directed only within the owner's property boundaries and not cast on other areas. In no case shall lighting be directed above a horizontal plane through the top of the lighting fixture, and the fixture shall include shields that prevent the light source or lens from being visible from adjacent properties and roadways. The use of general floodlighting fixtures shall be prohibited unless it meets the shielding requirements of this section. C. Vertical Surfaces Security lighting may illuminate vertical surfaces (e.g. building facades and walls) up to a level eight feet above grade or eight feet above the bottoms of doorways or entries, whichever is greater. D. Pole -Mounted Security lighting fixtures may be mounted on poles located no less than ten feet from the perimeter of the property boundary. E. Site Perimeters Security lights intended to illuminate a perimeter (such as a fence line) shall include motion sensors and be designed to be off unless triggered by an intruder located within five feet of the perimeter. The zone of activation sensors must be within the property boundaries of the property wishing to be illuminated. F. Timers and Photocells Security lights shall combine timers with dusk -to -dawn photocells to ensure lights are on only when it is dark. G. Requirements In addition to the application materials set forth in the general provisions of this sction, applications for security lighting installations shall include a written description of the need for and purposes of the security lighting, a site plan showing the area to be secured and the location of all security lighting Ordinance No. 2011-2362 149 Amending Title 18 — Land Use Code fixtures, specifications of all fixtures, the horizontal and vertical angles in which light will be directed, and adequate cross -sections showing how light will be directed only onto the area to be secured. 18.46.060 ACCENT LIGHTING Architectural features may be illuminated by uplighting, provided that the light is effectively contained by the structure, the lamps are low intensity to produce a subtle lighting effect, and no glare or light trespass is produced. For national flags, statues, public art, or other objects that cannot be illuminated with down lighting, upward lighting may only be used in the form of two narrow -cone spotlights that confine the illumination to the object of interest. 18.46.070 LIGHTING STANDARDS FOR USES WITHIN 50 FEET OF RESIDENTIAL ZONES A. For Uses within 50 Feet of Residential Zones 1. Lighting poles shall be no taller than 20 feet. 2. Lighting fixtures shall be aimed and shielded in a manner that shall not direct illumination on adjacent residential zones. Fixtures shall be of a type or adequately shielded to prevent glare from normal viewing angles. 3. At the discretion of the review authority and, where feasible, additional landscaping may be used to provide light screening between commercial zones and residential zones to help prevent light trespass. Where landscaping is used for light screening, the director shall take into consideration the applicable landscaping standards, the design standards, the creation of excessive shadows or dark spaces, and views into and out of a site. 18.46.080 PARKING LOT LIGHTING A. Standards 1. Parking lots shall comply with the standards of this Chapter in addition to the other requirements of this title. 2. Parking lot lighting shall be designed to provide for uniform lighting throughout the facility with no dark patches or pockets. 3. Parking lot lighting shall be designed to provide sufficient lighting to identify parking features and provide pedestrian safety. 4. In order to direct light downward and minimize the amount of light spilled into the dark night sky, all lighting fixtures serving parking lots, shall be full cut-off fixtures as defined by the Illuminating Engineering Society of North America (IESNA). 5. The maximum permissible mounting height of all parking lot lighting shall be 30 feet unless otherwise specified in this Chapter. 18.46.090 LIGHTING OF OUTDOOR PERFORMANCE, SPORT AND RECREATIONAL FACILITIES A. Events and Special Activities 1. Lighting levels and pole heights for outdoor performance, sports, and recreation facilities shall not exceed by more than five percent of the Illuminating Engineering Society of North America published standards for the proposed activity. 2. Where playing fields or other special activity areas are to be illuminated, lighting fixtures shall be specified, mounted, aimed and shielded so that their beams fall within the primary playing area and immediate surroundings, and so that no direct illumination is directed off the site. 3. The main lighting shall be turned off as soon as possible following the end of the event. The main lighting shall not remain on longer than 30 minutes following the end of the event. Where feasible, a low level lighting system shall be used to facilitate patrons leaving the facility, cleanup, nighttime Ordinance No. 2011-2362 150 Amending Title 18 — Land Use Code maintenance and other closing activities. The low level lighting system shall provide a horizontal illumination level at grade of no more than four foot-candles. 18.46.100 LIGHTING FOR MULTI -UNIT ATTACHED RESIDENTIAL PROJECTS In all multi -unit attached residential developments, light fixtures for walks, steps, parking areas, driveways, onsite streets, and other facilities shall be provided in keeping with the type of development and at locations to assure safe and convenient nighttime use. Fixtures shall be designed in keeping with the project and shall be properly shaded to screen the windows of habitable rooms from the direct rays of light. All outdoor lighting shall be so shielded and adjusted that the light is directed to fall only on the same premises upon which the light source is located. All outdoor security and safety lighting shall be installed in accordance with the standards in this Chapter. 18.46.110 STANDARDS FOR SINGLE FAMILY RESIDENTIAL USES A. Standards 1. Protective security lighting, landscape lighting or architectural highlighting, properly directed and shielded, may be operated at all hours of the night. 2. Luminaires providing outdoor lighting and permanently mounted to a residential building or to other buildings on the same lot are allowed. 3. Motion sensors with integral photo -control area and high -efficacy dust -to -dawn lighting are encouraged. 4. Permanently installed luminaires in or around swimming pools, water features, or other locations subject to Article 680 of the California Electrical Code need not be high -efficacy luminaires_ 5. Lighting for single family residential uses shall be directed to fall only on the same premises upon which the light source is located. 6. Floodlighting is discouraged, and if used, must be shielded to prevent: a. Disability glare for drivers or pedestrians; b. Light trespass beyond the property line; and c. Light above a horizontal plane. 'Wallpack' type fixtures are not permitted. CHAPTER 18-47 — SIGNS AND OUTDOOR ADVERTISING DISPLAYS 18.47.010 Purpose 18.47.020 Site Plan Review and/or Sign Permit Required 18.47.030 Unlawful Display of Signs or Banners Prohibited 18.47.040 Definitions 18.47.050 Design and Maintenance 18.47.060 Permanent Signs Permitted in all Zones 18.47.070 Large Permanent Signs in Commercial, Industrial, Mixed -Use, and Institutional Zones 18.47.080 Large Permanent Signs in Shopping Centers 18.47.090 Small Permanent Signs in Commercial, Industrial, Institutional, Mixed -Use, and Multi -Family Zones 18.47.100 Pole -Mounted or Freestanding Signs in Commercial, Industrial, Mixed -Use, and Institutional Zones 18.47.110 Roof -Mounted Signs 18.47.120 Revolving Signs in Commercial and Industrial Zones 18.47.130 Temporary Signs Permitted in All Zones 18.47.140 Projecting Signs in Commercial, Industrial, Mixed -Use, and Institutional Zones 18.47.150 Vehicle Signs 18.47.160 Public Assembly Use Signs 18.47.170 Mural Type Signs in Commercial and Mixed -Use Zones 18.47.180 Digital Advertising Display (DAD) Signs Ordinance No. 2011-2362 151 Amending Title 18 — Land Use Code 18.47.190 18.47.200 18.47.210 18.47.220 18.47.230 18.47.240 18.47.250 18.47.260 Flags, Banners, and Pennants Signs Prohibited in All Zones Master Sign Program Removal from Abandoned Site or Building Nonconforming Signs Constitutional Severability Non -Commercial Speech Sign Regulations by Zone and Type 18.47.010 PURPOSE The purposes of this Chapter are to: aid in the identification of properties, land uses, and enterprises; improve traffic safety by reducing visual distractions and physical obstructions and hazards; enhance the general appearance and aesthetics of the urban environment; and protect the natural beauty of the city's open space. 18.47.020 SITE PLAN REVIEW AND/OR SIGN PERMIT REQUIRED A. Site Plan Review and/or Sign Permit Approval Signs allowed by this Chapter may not be installed until a site plan review and/or sign permit is conducted and approved (see Chapter 1 Section 18.12.100) and a finding of compliance is made with the design criteria identified in this Chapter by the Planning Division. Signs that are not consistent with the design criteria outlined in this Chapter may not be installed. This determination may be appealed pursuant to the provisions of Section 18.12.060_ B. Considerations Site plan review and/or a sign permit shall be limited to considerations of the location, installation or placement, size, public safety and sight distance, view blockage, and comparable matters, and not to the content of the message conveyed by the sign or banner, except when the publication of such message is unlawful. C. Exempt Signs Site plan review and sign permits are not required for exempt signs pursuant to Section 18.12.100 (c). 18.47.030 UNLAWFUL DISPLAY OF SIGNS OR BANNERS PROHIBITED A. Except as provided in this Chapter and in Section 18.12.100, it is unlawful for any person or entity to install, maintain, or allow the installation or maintenance of a sign or banner as defined in this Chapter in any zone. B. The reference to a specific prohibition in this Chapter shall not affect the validity and effect of the general prohibition set forth in this Chapter or its application regulating the uses of property outlined throughout the remainder of the Land Use Code, nor shall it affect Chapter 10.54 prohibiting the maintenance of graffiti as a public nuisance. C. This Chapter shall not apply to any governmental agency or to any regulatory sign prescribed or required by federal or State law or local ordinance. D. Nothing in this Chapter is intended to authorize the installation of a sign or banner without the permission of the owner or occupant of that property. E. Within this Chapter, all regulations shall refer and apply only to "on -site" displays of signs and banners. When a regulation is made applicable to an "off -site" display, it shall be so designated. Unless so designated, off -site displays are prohibited. Off -site displays include "sign spinners". Ordinance No. 2011-2362 152 Amending Title 18 — Land Use Code 18.47.040 DEFINITIONS A. As used in this Chapter, and in addition to the definitions in the Glossary, the following definitions or concepts shall be applicable: 1. "Banner" is any flexible material, such as cloth, plastic, vinyl, paper, cardboard or thin metal, with or without a "message", attached outdoors to a building, structure or mounting device, or attached indoors to a building, structure or mounting device so as to be visible from the exterior of a building, or structure. The term "banner" includes a pennant, flag, or bunting. 2. "Billboard" means a sign which directs attention to a business, community service or entertainment not exclusively related to the premises where such sign is located. 3. "Bunting" is a form of banner that is typically presented and displayed in a folded or gathered fashion or combination. It may include a display in combination with a flag or banner. Depending on the format of the display, the term may be synonymous with banner. 4. "Business premises" refers to specific business occupancy within a building or upon a parcel of land, typically having a specific address and discrete entrance(s) and exit(s) so as to maintain a specific business identity and location. 5. "Changeable copy sign" refers to a sign displaying a "message" that is changed by means of moveable letters, slats, lights, Tight emitting diodes, or moveable background material. 6. "Directional sign" is any individual sign used to provide directions to pedestrians and vehicular traffic. It shall not include a grouping or mosaic of individual signs that are arranged in such a manner as to constitute a larger sign. 7. "Flag" is a form of "banner" that is mounted and displayed outdoors on a pole. 8. "Freestanding sign" means a sign which is permanently supported on the ground by one or more uprights, braces, poles, or other similar structural components that are not attached to any building. This category includes both monument and pole signs. 9. "Frontage" when used as a measurement reference of a building or business premises, shall refer to the distance between the two most distant corners of a building measured in a straight line along the building face bordering the adjoining street. See Glossary pertaining to frontage when made applicable to a parcel of land. It shall also refer to the elevation of a building that abuts or adjoins a private or public right-of-way or parking lot. 10. "Height" means the distance measured vertically from grade to the highest point or portion of the object to be measured or height limited. 11. "Illuminated sign" means a sign whose message is made readable by internal or external lights or light emitting diodes, typically during hours of darkness. 12. "Install" or "installation" includes but is not limited to the act by which a sign is constructed or placed on land or a structure, or the act of attaching, painting, printing, producing, or reproducing, or using any other method or process by which a visual message is presented or placed upon a surface. 13. "Message" means any form of visual communication presented on any type of media. It is not material whether the communication has any logical, practical, literary, or artistic significance or not. It includes any form or combination of letters, graphics, symbols or designs. The term is not intended to include mono -color paint applied to the exterior, trim, fascia, or other architectural elements of a building for protection against the elements. 14. "Monument sign" means a low -profile freestanding sign supported by a structural base or other solid structural features other than support poles and may contain signage on more than one side. 15. "Mural" or "mural -type sign" means a sign painted on the exterior wall of a building consisting of graphics or images, either alone or in combination with letters. 16. "Off -site" or "off -site sign" refers to a sign or banner that promotes or advertises goods, services or activities located or offered on a business premises or parcel that is separate from the parcel where the sign is located, even if the two sites or parcels are contiguous to each other. 17. On -site" or "on -site sign" refers to a sign or banner that promotes or advertises goods. services, or activity located or offered on the business premises or parcel of property where the sign is located. 18. "Outdoors" means a location on undeveloped property or to the exterior of a building or structure. 19. "Outdoor advertising" refers to the placement of a message on signs or banners located outdoors, or located indoors in a manner such that the message is visible from the exterior of a building or structure. Ordinance No. 2011-2362 153 Amending Title 18 — Land Use Code 20. "Parcels" or "property' or similar references or descriptions shall refer to parcels defined or delineated by assessor parcel numbers maintained by the County tax assessor or as defined in the Glossary of this Code. 21. "Pennant" is a banner with three sides. 22. "Permanent sign" means a sign that is solidly attached to a building, structure, or the ground by means of mounting brackets, bolts, welds, or other combination of attachment methods, thereby rendering the sign non -moveable or difficult to reposition without the use of machinery, cutting devices, or mechanical devices. See also "temporary sign." 23. "Pole sign" means a permanently mounted, freestanding sign which is supported above the ground by one or more uprights, braces, poles, or other similar structural components. 24. "Projecting sign" is any sign which projects beyond a building face and uses a wall or vertical element of a building as its main source of support. A projecting sign includes a double-faced sign that is installed more or less perpendicular to the face of a building so as to allow a message to be viewable from either side. A projecting sign does not include signs that are installed along the face of a building and that are completely attached to the face of a building. 25. "Rooftop or roof -mounted sign" means a sign that extends above the ridgeline of the roof of a building or a sign attached to any portion of the roof of a building. 26. "Shopping center" shall mean a group of commercial buildings as defined in the Glossary. 27. "Sign" as used in this Chapter, shall generically refer to any medium through which a message is conveyed which is placed outdoors in any zone or is visible to the exterior of a commercial or industrial building or structure_ It shall include a banner and any of the following: a. Any advertising display defined in Section 9.32.010. b. Any message painted, printed, or otherwise produced or affixed on or to: c. The exterior of a building or structure; d. A rigid or semi -rigid material or surface, such as wood, metal, or plastic, attached to a building, structure, or pole or which is itself free-standing; or e. An inflatable balloon or other three-dimensional object that is tethered or fastened to a building, structure, pole, or the ground. 28. 'Temporary sign" means a sign that is easily moveable and which is not attached to a building, structure, or the ground in such a manner as to be rendered a permanent sign. 29. "Visible to the exterior" refers to the placement of a sign or banner within the interior first eight feet of a commercial or industrial building or structure in such a manner so that it or its message is readily visible on an immediately contiguous public right-of-way, parking lot, or parcel To be visible does not require that the message be understandable or readable. 18.47.050 DESIGN AND MAINTENANCE A. Uniform Building, Electrical and Mechanical Code compliance --Required No sign shall be installed that does not comply with the applicable Uniform Building, Mechanical and Electrical Codes adopted by the City. Permits for installation shall be obtained, when required, prior to any installation, from the director of building and safety. B. Maintenance All signs and their supporting structures and components shall be maintained in a state of safe condition and good repair. Signs shall be "face washed" at least once a year. Electrically energized components must bear the seal of approval of an approved testing laboratory. Broken faces and burned -out lamps, bulbs, or tubes must be replaced within thirty days from the date of notification from the City. 18.47.060 PERMANENT SIGNS PERMITTED IN ALL ZONES The following signs shall be permitted in all zones. Site plan review shall not be required. Ordinance No. 2011-2362 154 Amending Title 18 - Land Use Code A. Permanent Signs 1. Size. The display on any parcel of any single sign, flag, or banner that is less than six square feet in area is permitted, except when a home occupation perrnit has been issued for a residential parcel, this exemption shall not apply, and that property shall he subject to all the requirements of this Chapter. 2. Restrictions. No signs shall be placed in the public right-of-way nor shall they obstruct the free flow of traffic. B. Directional Signs Directional signs which do not exceed a total of three square feet in size per sign and total area combined does not exceed nine square feet. C. Freestanding or Monument Signs. A maximum of two freestanding or monument signs not to exceed a total of one hundred square feet, are permitted for single-family subdivisions, multi -family developments, or mobile home parks. D. Official Flags Up to three official flags of the Unites States, the State of California, or other states of the nation, counties, municipalities, and official flags of sovereign nations. Proposals for more than three flags require a sign permit and site plan review. If flags are to be displayed on vertical flagpoles, these poles shall be permanently installed with appropriate building permits. Flags of nationally or internationally recognized organizations and corporate or business flags are only permitted if displayed in conjunction with the United States flag. The Flag Code of the United States shall be observed at all times. 18.47.070 LARGE PERMANENT SIGNS IN COMMERCIAL, INDUSTRIAL, MIXED -USE AND INSTITIONAL ZONES A. Specifications and Restrictions Except in shopping centers, large permanent signs (those exceeding 25 square feet in area) may be installed on or along the face of a building in commercial, and commercial uses in a mixed -use zone, industrial or institutional zones, subject to the following specifications and restrictions: 1. Signs shall be limited to one sign per business premise per frontage along a street, freeway, or parking lot. 2. Sign area on the primary frontage shall riot exceed 30 percent of the area of the building face or four square feet of sign for each linear foot of building face along that frontage, whichever is greater. 3. Sign area on a secondary frontage shall not exceed 15 percent of the area of the building face or two square feet per linear foot of secondary frontage, whichever is greater. 4. The sign face shall not be located, such as by a cabinet, deep lettering, or architectural feature, more than 18 inches from a building face unless an exception is approved pursuant to site plan review. 18.47.080 LARGE PERMANENT SIGNS IN SHOPPING CENTERS Large permanent signs for businesses within a shopping center shall be limited to one per business premises per frontage on a common walkway, parking lot, driveway, alleyway, street, or freeway. The size and placement of these signs shall conform with the standards specified by Subsections 18.47.070 as well as standards that may be applied through any required City Council or Planning Commission approval, including but not limited to a conditional use permit, planned development permit, specific plan, or variance. Ordinance No. 2011-2362 155 Amending Title 18 — Land Use Code 18.47.090 SMALL PERMANENT SIGNS IN COMMERCIAL, INDUSTRIAL, INSTITUTIONAL, MIXED -USE, AND MULTI -FAMILY ZONES A. Permanent Signs Less than 25 Square Feet Any permanent sign measuring less than 25 square feet and not described elsewhere in this Chapter shall be considered a small permanent sign that shall only be permitted in commercial, industrial, and institutional zones and commercial uses in a mixed -use zone as follows: 1. Small permanent signs shall be permitted only in windows or along the face of a building. 2. The total area of all small permanent signs and any allowable small temporary signs combined shall not exceed ten percent of the wall or elevation on which the sign is placed. 18.47.100 POLE MOUNTED OR FREESTANDING SIGNS IN COMMERCIAL, INDUSTRIAL, MIXED -USE, AND INSTITIONAL ZONES A. Requirements Pole -mounted or freestanding signs are permitted in the commercial and industrial zones and commercial uses in a mixed -use zone, subject to the following requirements: 1. Pole signs or freestanding signs shall be limited to one sign per frontage on street, freeway, or parking lot, and may include a cluster sign identifying individual businesses on the parcel(s). 2. The total area of any sign installed along the primary frontage shall not exceed four square feet per lineal foot of property on the primary frontage. 3. The total area of any sign installed along each secondary frontage shall not exceed two square feet per lineal foot of property on the secondary frontage. 4. Sign structures shall not be placed within the required setback area, except that projecting signs may protrude into or overhang a maximum distance of one-half of the setback. 18.47.110 ROOF MOUNTED SIGNS. Roof -mounted signs are not permitted. 18.47.120 REVOLVING SIGNS IN COMMERCIAL AND INDUSTRIAL ZONES Signs that revolve shall be restricted to those that rotate 360 degrees and no more than eight revolutions per minute. Revolving signs shall be permitted only in commercial and industrial zones_ 18.47.130 TEMPORARY SIGNS PERMITTED IN ALL ZONES. A. Temporary Signs on Construction Sites Temporary signs on construction sites having the following specifications shall be permitted in all zones: 1. The maximum total area for signs at single-family residential construction projects shall be 20 square feet per street frontage. 2. The maximum area of signage at other construction projects shall be 50 square feet per street frontage. 3. For any request for square -footage exceeding the limits set forth in Subsections A.1. and A.2., a temporary use permit is required, the granting or denial of which shall be based solely on objective criteria such as time, location, and size_ 4. All signs must be removed prior to and as a condition of the final inspection and approval of the project. Ordinance No. 2011-2362 156 Amending Title 18 — Land Use Code B. Temporary Signs on For Sale or For Lease Property A maximum of two temporary signs on currently for sale or for lease property may be installed on developed or undeveloped property in all zones, with the following requirements and specifications for the sign: 1. The maximum area of signage allowed by this section per parcel per street frontage in commercial, industrial, mixed -use, multi -family, or institutional zones shall be 50 square feet. 2. The maximum area of signage allowed by this section per parcel per frontage in single-family residential zones is six square feet. 3. These signs shall not be lighted. 4_ Signs shall be removed within ten days following the lease or sale of the premises on which the sign is displayed. C. Temporary Off -site Signs Prohibited Temporary off -site signs are prohibited in all zones, unless otherwise provided herein and by State law. D. Temporary Signs For Events Additional temporary signs erected due to an event are permitted as follows: Commercial/industrial/multi-family/mixed-use/institutional zones. a. One or more temporary signs, each of which is 32 square feet or less in area, shall be permitted per parcel. b. Temporary signs, except flags and banners, shall not be fastened directly to the exterior wall or face of any building. Such signs may be displayed in windows or on display boards, provided the combined total area of all signs does not exceed ten percent of the area of the building face upon which the signs are mounted. (See Section 18.47.190 for restrictions on flags and banners.) c_ Such signage is permitted on a temporary basis as defined hereinafter, in addition to other sign allotment per site. 2_ Single-family residential zones. a. One or more temporary signs, each of which is six square feet or less in area, shall be permitted per parcel. b. A parcel that is a corner lot can also have up to two signs greater than six square feet or less in area, but less than or equal to 16 square feet in area per parcel. c. Permission of the property owner or occupant where the sign is placed shall be required. d. No temporary signs are permitted in the public right-of-way. e. Removal. If the signage was erected for an event, such signage shall be removed within ten days after the event. 18.47.140 PROJECTING SIGNS IN COMMERCIAL, INDUSTRIAL, MIXED -USE, AND INSTITIONAL ZONES A. Conditions A projecting sign may be permitted in all commercial, industrial, mixed -use, and institutional zones, subject to the following conditions: 1 Projecting signs shall not project over any public right-of-way, including streets or alleys, except as provided in Subsection.D below. 2. The maximum height of projecting signs shall be 12 feet, and may project above any eave or parapet of less than 12 feet in height, but may not project inward over any such eave or parapet 3. The maximum area of a projecting sign shall be 32 square feet. Ordinance No. 2011-2362 157 Amending Title 18 — Land Use Code 4. Projecting signs may project over street parkways and required setback areas a maximum of one-half of the street parkway or setback width. For the purpose of this section, "street parkway" is defined as that part of the public street right-of-way lying between the front property line and the edge of the roadway. 5. No more than one projecting sign shall be placed on each street frontage per business premises. 6. A projecting sign shall be permitted only in lieu of a freestanding or marquee sign, and may not be utilized in addition to a freestanding or marquee sign. 7. Projecting signs shall be supported so as to appear to be an architectural and integral part of the building. The sign shall be free of any extra bracing, angle iron, guy wires, or cables. 18.47.150 VEHICLE SIGNS A_ Permitted Vehicle Signs 1. Advertising signs on buses and taxis. 2. Signs on automobiles and trucks that are painted on or attached flat against the vehicle to identify or advertise the associated business, provided that the vehicle is primarily used for the business and not parked on public streets. 18.47.160 PUBLIC ASSEMBLY USE SIGNS On property used for public assembly, one wall mounted sign not to exceed 20 square feet in area per street frontage or parking lot frontage, and one freestanding changeable copy directory sign not to exceed six feet in height and 20 square feet in area per street frontage or parking lot frontage shall be allowed; provided, however, that the signs shall be architecturally related to the structure to which they are appurtenant. No more than two wall -mounted signs plus no more than two freestanding signs shall be permitted. 18.47.170 MURAL TYPE SIGNS IN COMMERCIAL AND MIXED -USE ZONES Mural -type signs not exceeding 110 square feet in area shall be allowed in commercial zones and for commercial uses in mixed -use zones in lieu of a fixed sign. 18.47.180 DIGITAL ADVERTISING DISPLAY (DAD) SIGNS A. Purpose The use of digital advertising display technology (also known as a message center display or electronic reader board) for on -premises advertising signage can be an enhancement to the city as a whole, provided that sufficient standards are established to regulate daytime/nighttime illumination, prohibit movement, flashing. and other animation that may distract motorists, and allow for reasonable height and size requirements that balance the need for visibility with overall city aesthetic concerns, and; The need for establishing design and operational standards for digital advertising displays for digital advertising signage will ensure that they do not create adverse effects on adjacent uses, for motorists, or conflict with Amber light or other digital emergency response signage, and; The Federal Highway Administration in a 2007 ruling stated that digital billboards are permissible adjacent to and visible from federal highways. Ordinance No. 2011-2362 158 Amending Title 18 — Land Use Code B. Applicability Digital advertising display signs are allowed in commercial, mixed -use, and industrial zoned areas along highways and arterial roadways (as defined by the General Plan Circulation Element) with approval of a sign permit provided all the conditions identified below are met. C. Requirements 1 _ The maximum height of the sign structure containing the digital advertising display shall be subject to the same height restrictions as contained in Section 18.47.260 of the Land Use Code. 2. For properties that front on arterial roadways, the electronic message display component of the sign structure shall not exceed 80 square feet in area per sign face. 3. For properties that front on highways, the electronic message display component of the sign structure shall not exceed 250 square feet in area per sign face. 4. No more than one digital advertising display sign shall be permitted on a site. The electronic message display may be single -faced or double-faced. 5. The electronic message display shall be an electronic LED (Light Emitting Diode) screen. 6. The pixel pitch of the LED electronic message display shall be no greater than 25mm; 20mm or less is preferred, especially for arterial roadways. 7. Each DAD sign shall be provided with encapsulated LED's for weather protection. 8. The DAD may be programmed to allow changeable messages, provided that any image shall be displayed for a minimum of 8 seconds, and transitions between slides shall not exceed one second. Fading in or out, or scrolling of text shall be permitted as transitions. 9. Each DAD shall include a photometric sensor that will adjust the intensity of the sign for daytime and nighttime viewing. The nighttime intensity shall be limited to 0.3-foot candles (over ambient levels) as measured at a preset distance as established by the Lewin Report as prepared for the Outdoor Advertising Association of America (OAAA). The City may modify or further restrict the intensity of any DAD display should the lighting create a distraction to drivers or an adverse effect on nearby residential property_ 10. The electronic message display shall not be operated between the hours of midnight and 6:00 am. 11. The electronic message display shall riot result in unacceptable light intensity and glare impacting surrounding property. 12. All new digital advertising display signs not attached to a building shall be mounted on one support column only_ 13. Digital advertising display signs are permitted to be located on the wall of a building provided the sign does not obscure any of the building's windows, architectural features, or other architectural details. 14. No digital advertising display sign may be placed within one -mile of another DAD on the same side of a highway. No more than 2 DAD signs are permitted per freeway. 15. Digital advertising display signs are limited to on -premise signs only. No digital display signs may be placed within 1,000 feet of another DAD sign on the same side of an arterial roadway. 16. An existing billboard sign may be refurbished with a digital advertising display sign provided it does not exceed the area of the existing billboard and in all other respects meets the requirements of this Chapter. 17. Cabinetry shall include solid welds and voltage protection. 18. Exterior cabinetry consisting of sheet metal or fabricated metal construction is not permitted. 19. The electronic message display shall be maintained in good operating condition and external appearance at all times. 20. Solar powered DAD signs are encouraged. 21. A DAD shall be subject to all other sign face size restrictions as contained in this Chapter. Ordinance No. 2011-2362 159 Amending Title 18 — Land Use Code 18.47.190 FLAGS, BANNERS, AND PENNANTS A. Regulations 1. Permit required. All banners require the approval of the Planning Division. In order to obtain approval, see application and drawings required at the City Planning Division. 2. Minimum standards. Flags and banners may be displayed on automobile sales lots without time limitation or site plan review provided that: a The displays are properly maintained; b. Displays are limited to the perimeter of the lot; c. Displays do not exceed a height of 25 feet above the ground; d. Displays may not be used in place of a permanent sign. 3. Flags, banners, and pennants may be displayed on other commercial and industrial uses for a cumulative period of 60 days within each calendar year. The time limit commences when a banner permit is issued by the planning director. The 60-day period may be divided into two occasions per calendar year, provided the total display time does not exceed 60 days per calendar year. A banner permit fee and an administrative fee in an amount representing the anticipated City enforcement costs in causing the applicant to remove flags or banners shall be paid to the City Treasurer at the time of application for site plan review. The administrative fee shall be refunded upon the verified removal of the flag or banner by the specified deadline. 4. The following shall apply to all displays of flags, banners, and pennants: a. Must be removed by the owner or occupant within 15 days after a determination by the City Manager or his/her designee that the display is improperly maintained or the flag or banner is tattered or worn. b. Shall not be larger than 40 square feet. c. Shall not be displayed in lieu of a permanent sign. d. Shall not be placed on a roof, placed in required yard areas, or landscaped areas. e. Must be compatible with the primary building's appearance. I. Violation of the time limits shall render the site ineligible for issuance of a permit for display of a banner for a period of one year from the date that the violation is abated. g. The restrictions of this section shall also apply to signs and banners located within the first eight feet of the interior of commercial or industrial premises when such sign or banner is visible to the exterior. 18.47.200 SIGNS PROHIBITED IN ALL ZONES A. Prohibited Signs Notwithstanding Section 18.47.030 the following signs are strictly prohibited in all zones: 1. Signs that obstruct any window, door, or opening used or required as a means of regular ingress and egress, legal light and ventilation, as a fire escape or other emergency access or escape. 2. Signs placed on public property or within the public street right-of-way. 3. Signs placed on property without permission of the property owner or occupant. 4. Signs on fences. 5. Except as provided in otherwise in this Chapter, signs on vacant or unimproved land. 6. Any sign whose intensity of illumination or size, shape, or location interferes with the safe operation of a vehicle or creates distraction to the operator of a motor vehicle on adjoining public streets. 7. Animated and flashing signs exceeding the following limits or restrictions: a. Flashing signs are limited to a maximum illumination equivalent to incandescent bulbs of sixty watts per bulb maximum, and shall not flash more than sixty times per minute. "Chasers" are prohibited. b. High intensity neon lights, tubes, or flashing lights exceeding sixty watts are prohibited on animated or flashing signs. c. Rotating beacon -type lighting elements on signs are prohibited. Ordinance No. 2011-2362 160 Amending Title 18 — Land Use Code 8_ Temporary or permanent off -site signs, including billboards, are prohibited except where otherwise provided by State law or in Section 18.47.180. 9. Inflatable signs and displays, unless authorized pursuant to a temporary use permit. 10. Signs mounted on motor vehicles that are in violation of Section 7.20.150 or signs exceeding 25 square feet mounted on motor vehicles parked for more than eight hours in any 24-hour period on private property. 11. Off site temporary signs, mobile billboards on public streets (excepting buses, taxicabs, and business vehicles with an advertisement or display of its owner). 12. Mobile billboard advertising. Mobile billboard advertising includes any vehicle or wheeled conveyance which carries, conveys, pulls, or transports any sign or billboard for the primary purpose of advertising. Mobile billboard advertising upon any street or other public place within the city in which the public has the right of travel is prohibited. Any vehicle which displays an advertisement or business identification of its owner, so long as such vehicle is engaged in the usual business or regular work of the owner and not used merely, mainly, or primarily to display advertisements; buses; and taxicabs are exempt from this prohibition. 18.47.210 MASTER SIGN PROGRAM A. Purpose and Applicability The purpose of the Master Sign Program provisions is to provide a coordinated approach to signage for National City's business districts, which include the Harbor District, Downtown, Mile of Cars, and Plaza Bonita. The development of a master sign program is optional, but strongly encouraged for these areas. B. Approval A Master Sign Program shall require the approval of the Planning Commission and the City Council. C. Design Standards Master Sign Programs shall feature a unified and coordinated approach to the materials, color, size, type, placement and general design of signs proposed for a project or property. D. Effect of Master Sign Program All subsequent signs proposed for a development or property subject to an approved Master Sign Program shall comply with the standards and specifications included in the Master Sign Program. 18.47.220 REMOVAL FROM ABANDONED SITE OR BUILDING When the use of any parcel or building is vacated, terminated, or abandoned for any reason for a period of more than 120 consecutive days, the owner or person in possession of the property shall be responsible for the physical removal of all signs on the property, building or wall(s), and for painting over the surface so as to obliterate any painted or printed signs on the building so that the copy is not visible, within 30 days following notice from the City. Removal, painting out. or obliteration shall be performed in a manner that does not create a blighting influence. 18.47.230 NONCONFORMING SIGNS Any sign that is made nonconforming by enactment of Ordinance 2001-2192 may continue to be maintained or displayed subject to the provisions of 18.11.090 regarding the continuance and abatement of nonconforming signs. Ordinance No. 2011-2362 161 Amending Title 18 — Land Use Code 18.47.240 CONSTITUTIONAL SEVERABILITY The City Council declares that the judicial invalidity of any subsection or portion of this Chapter shall not affect the validity of any other remaining section or portion; that the City Council would have adopted each of those remaining portions, notwithstanding any later declared invalidity. If any provision determined invalid under the preceding sentence can either be judicially severed or interpreted in a way that could harmonize it with the remaining provisions, then it may be severed or interpreted and applied so as to give full purpose, meaning, and effect to the remaining provisions of this Chapter. 18.47.250 NON-COMMERCIAL SPEECH Anywhere that commercial signage is allowed, non-commercial signage is allowed subject to the same restrictions as those set forth for commercial signage, but not in addition to such allowance. 18.47.260 SIGN REGULATIONS BY ZONE AND TYPE The following table summarizes the types of signs that shall be permitted within the zoning designations listed below. Signs are not permitted in public rights -of -way unless otherwise noted in Table 18.47.260 below. TABLE 18.47.260 Sign Regulations by Zone and Type ���as Sign yp Ise nr Zone * Location Maximum Srze aril Q&her4Regulations Permanent Signs less than 6SF All (except home occupation) -- 6 square feet — Directional Sign All -- 3 square feet per sign and a combined total of 9 square feet — Official Flags (United States, California, other state or nation, county, municipality or sovereign nation) All -- -- Maximum of three flags; must be on permanently installed poles; organizations, corporations and business flags prohibited Building Mounted Greater than 25SF Commercial, Industrial, Mixed -Use One sign per building premises per frontage on a street, parking lot or freeway. Primary frontage: 30% of the area of the building face or 4 square feet of sign for each linear fool of building face along the frontage, whichever is greater. Secondary Frontage: 15% of the area of the building face or 2 square feet per linear foot of secondary frontage, whichever is greater. May not extend more than 18" from building face. Internally illuminated light box or cabinet signs not permitted. Building Mounted Greater than 25SF Shopping Centers, MXD-1 and MXD-2 (except residential buildings) One sign per business premises per frontage along a common walkway, parking lot, driveway, alleyway, street or freeway. Primary frontage: 30% of the area of the building face or 4 square feet of sign for each linear foot of building face along the frontage, whichever is greater. Secondary Frontage: May not extend more than 18" from building face. Internally illuminated light box or cabinet signs not permitted. Ordinance No. 2011-2362 162 Amending Title 18 — Land Use Code Cs N .,G n Ype Yf i 1 %; Y �+t Us Or¢Zone' xS + "s S x 4' ocatlori /b ''� pY+++Fd Vmw..S+Yv,,, ..:s il.. F si Other Regulations r.. 6";y-.Z 15% of the area of the building face or 2 square feet per linear foot of secondary frontage, whichever is greater. Building Mounted Less than 25SF Commercial, Industrial, Mixed -Use, Institutional, Multi -Family Commercial, Industrial, MXD- 1 and MXD-2 (except residential buildings), Institutional Windows or along the face of a building. 10% of the wall or elevation on which the sign is placed or 25SF, whichever is less. May not extend more than 18" from building face. Internally illuminated light box or cabinet signs not Freestanding/Pole Mounted One sign per building premises per frontage on a street, parking lot or freeway. Not permitted in required setbacks Primary Frontage: 4 square feet per lineal foot Secondary Frontage: 2 square feet per lineal foot _permitted. Cluster signs identifying individual businesses on a parcel are permitted. Roof -Mounted All zones Not permitted. Not permitted. Not permitted. Revolving Commercial, Industrial Same as Freestanding/Pole Mounted 360 degree rotation only and maximum of 8 revolutions per minute Projecting Sign Commercial, Industrial, Mixed -Use, Institutional One sign per street frontage per business premise. May extend into or overhang no more than one half of the setback or street parkway distance. A sign may not extend beyond the street curb. Area: 32 square feet Height: 12 feet Permitted only in lieu of a freestanding or marquee sign. Must be an integral component of building. Decorative brackets permitted. Public Assembly Signs All One wall -mounted sign per street or parking lot frontage plus one freestanding sign per street frontage. One wall mounted sign not to exceed 20 square feet in area and one freestanding sign not to exceed 6 square feet in height and 20 square feet in area. No more than 2 wall - mounted signs and no more than 2 freestanding signs shall be permitted. Temporary Signs, Construction Sites All -- Single Family Residential, MXC-1 and MXC-2: 20 square feet per street Frontage Other: 50 square feet per street frontage Temporary use permit required. Shall be removed in ten days following sale or lease of the premises. Temporary Signs, Event All Window display or display boards permitted only. Commercial, industrial, mixed -use or multi- family, institutional: One or more each of which is 32 square feet or less in area Single Family Residential: one or more limited to 6 square feet or less in area per parcel except corner lots are permitted up to two signs greater than 6 square For commercial, industrial, mixed -use or multi -family, may not be fastened to exterior wall or building face (except flags and banners). Ordinance No. 2011-2362 163 Amending Title 18 —Land Use Code Stgn Type Use or Zone, Location yGaHei , 1V[axmurn Size and , , ..,,i4i $ iY § ht Other e ulations ii 3�-s feet or less in area per parcel, but less than or equal to 16 square feet in area per parcel. Temporary Off -Site Signs Prohibited in all zones Prohibited in all zones Prohibited in all zones Prohibited in all zones Mural Signs Commercial — 110SF or 25% of the wall of a building, whichever is less. Permitted in lieu of a fixed sign. Must be coated with anti -graffiti coating. Window Signs Commercial, Industriai, Mixed -Use — 15% of the area of a window or 12SF, whichever is less. — Awning, Canopy or Marquee Commercial, Industrial, Mixed -Use -- Awning or canopy: 50% of the total area of the awning or canopy Marquee: 75% of the total area of the marquee Internally illuminated or backlit awning signs not permitted Building Arcade Hinging Sign (also known as suspended or blade sign) Commercial, Mixed -Use One per tenant. Must be perpendicular to face of building. Area: 6 square feet; Width: No more than 60% of arcade. Clearance: No less than 8' above finished grade. Internal illumination not permitted 18.47.270 SIGNS FOR SPECIAL USES For institutional, educational, regional commercial or other large campus -style uses — including but not limited to hospitals, schools and colleges, or shopping malls — signs may exceed the design guidelines as prescribed in this chapter with the approval of the Planning Commission. Approval may be either through a discretionary development process (PD, CUP, etc) for new construction or through the Approval of Plans process for existing facilities. CHAPTER 18-48- RESIDENTIAL DENSITY BONUS AND AFFORDABLE HOUSING INCENTIVES 18.48.010 18.48.020 18.48.030 18.48.040 18.48.050 18.48.060 Purpose Definitions Density Bonus Concessions, Incentives, and Development Standards Application Requirements and Review Density Bonus Housing Agreement 18.48.0.010 PURPOSE A. Intent and Purposes of Section The intent and purposes of this Chapter are to: 1. Implement the policies of the General Plan's Housing Element for developing affordable housing for households with very low, low, and moderate incomes. 2. Encourage affordable housing units to be developed citywide and designed to be consistent with the surrounding neighborhood. 3. Implement the provisions of State Government Code Section 65915. Ordinance No. 2011-2362 164 Amending Title 18 — Land Use Code 18.48.020 DEFINITIONS A. Section Definitions Within this Chapter, the following definitions shall apply: 1. "Additional incentives" means any regulatory concessions or incentives which would result in identifiable cost avoidance or reductions that are offered in addition to a density bonus, as also specified in California Government Code Subsections 65915. 2. "Density bonus" means a density increase of up to thirty-five percent over the otherwise maximum residential density allowable by the applicable zoning designation, pursuant to State Government Code Section 65915, as amended from time to time. 3. "Density bonus units" means those residential units granted pursuant to the provisions of this Chapter that exceed the otherwise allowable maximum residential density for the development site. 4. "Development standard" shall have the meaning given that term by Government Code Section 65915. 5. "Financial Pro Forma" means a financial report for density bonus projects that shall include identifiable, financially sufficient, and actual cost reductions achieved through any requested incentives or concessions, as well as evidence that the cost reduction allows the developer to provide affordable rents or affordable sales prices. 6. "Housing development" for the purpose of this Chapter means construction projects consisting of five (5) or more residential units, including single-family, multi -family, and mobile homes for sale or rent. 7. "Lower income household" means households whose income is no more than 80 percent of the area median income of San Diego County, as established and amended time to time by Section 8 of the United States Housing Act of 1937, pursuant to Section 50079.5 of the California Health and Safety Code. 8. "Maximum residential density" means the maximum number of residential units permitted by the City's General Plan Land Use Element and Land Use Code at the time of application, excluding the provisions of this Chapter. In calculating the required number of dwelling units affordable to moderate, lower, or very low income households, any decimal fraction resulting from the applicable percent of the total units shall be rounded to the next larger whole number. 9. "Moderate income household" means households whose income does not exceed 120 percent of the area median income of San Diego County, as established and amended time to time by Section 8 of the United States Housing Act of 1937, pursuant to Section 50093 of the California Health and Safety Code. 10. "Non -restricted unit" means all units within a housing development as defined in this section, excluding the target units_ 11. "Target unit" means a dwelling unit within a housing development that will be reserved for sale to or rent to, and affordable to, very low, or moderate income households, or qualifying residents. 12. "Very low income household" means households whose income is no more than 50% of the area median income of San Diego County, as established and amended time to time by Section 8 of the United States Housing Act of 1937, pursuant to Section 50105 of the California Health and Safety Code. 18.48.030 DENSITY BONUS A. In applications for projects meeting the minimum threshold of five units or more, the density bonus provisions set forth in Government Code Section 65915, as amended from time to time, shall apply. B. It is the intent of this Chapter to ensure that all projects applying for the concessions and incentives of this Chapter provide for affordable housing units that are comparable in size, design, and quality to the market units in the same project. The City Manager or his/her designee, unless otherwise specified, shall have the discretion and authority to enforce this provision during the application process. Ordinance No. 2011-2362 165 Amending Title 18 — Land Use Code 18.48.040 CONCESSIONS, INCENTIVES, AND DEVELOPMENT STANDARDS A. Requests for Incentives and Concessions In applications for projects meeting the minimum threshold of five units or more, concessions and incentives including reductions in site development standards, modifications of zoning code or architectural design requirements, and other incentives or concessions defined in Government Code Section 65915(1) may be requested, consistent with the parameters enumerated below_ B. Financial Pro Forma The applicant shall provide a financial pro forma demonstrating to the City that the requested concession or incentive results in identifiable, financially sufficient, and actual cost reductions to the project pursuant to California Government Code Section 65915(1)(1). C. Development Standards Applicants may seek a waiver or .modification of developrnent standards that will have the effect of precluding the construction of a residential development meeting the criteria of Government Code Section 65915 at the densities or with the incentives or concessions permitted by that section. D. Financial Incentives Nothing in this section requires the City to provide direct financial incentives for the residential development, including but not limited to the provision of publicly owned land, waiver of fees, off -site improvements, or dedication requirements. 18.48.050 APPLICATION REQUIREMENTS AND REVIEW A. Application Conference Prior to submitting an application, an applicant proposing a housing development pursuant to this section shall schedule a pre -application conference with appropriate Planning and/or Housing Division staff_ The applicant should provide the following information: 1. A brief description of the proposed development, including at a minimum the total number of units, total number of target units, and total number of density bonus units proposed. 2. The combined general plan/zoning designations and assessor parcel number(s) of the project site. 3. A vicinity map and preliminary site plan, drawn to scale, including building footprints, driveway and parking layout_ 4. If an additional incentive(s) is requested, the application should describe why the additional incentive(s) is necessary to ensure affordability of the target units and density bonus units proposed! 5. The developer/applicant should also submit the project pro -forma, outlining revenue sources, expenses, and projected profit. B. Application/Processing Requests for a density bonus and/or additional incentive(s) pursuant to this section shall be submitted to the Planning Division and processed pursuant to procedures in Chapter 1 for approval of a conditional use permit and concurrently with any other application(s) required for the development. In addition, applications shall include the following: 1. A description of any requested density bonuses, incentives, concessions, waivers or modifications of development standards, or modified parking standards. 2. Identification of all affordable units qualifying for the project for a density bonus, and level of affordability of all affordable units. Ordinance No. 2011-2362 166 Amending Title 18 — Land Use Code 3. For all incentives and concessions, a financial pro forma demonstrating that the requested incentives and concessions result in identifiable, financially sufficient, and actual cost reductions is required. 4. For waivers or modifications of development standards: evidence that the imposition of the development standards for which a waiver is requested will have the effect of precluding the construction of the residential development at the densities or with the incentives or concessions permitted by Government Code Section 65915. 5. Any financial pro forma submitted to comply with this section may not include the lost opportunity cost of any affordable units (i.e., the revenue that would have been generated had the units been rented or sold at market rate) and may include as an additional cost only those additional expenses that are required solely because of the proposed construction of the affordable units. The pro forma shall also include: a The actual cost reduction achieved through the incentive or concession; and b. Evidence that the cost reduction allows the developer to provide affordable rents or affordable sales prices. 6. The City may retain a consultant to review the financial report (pro forma). The cost of the consultant shall be borne by the applicant with the following exception: if the applicant is a non profit organization, the cost of the consultant may be paid by the City upon prior approval of the City Council. C. Findings for Approval Before any density bonus and/or additional incentive is granted, the approving authority shall make the following findings: 1. The residential development is eligible for a density bonus and any concessions, incentives, waivers, modifications, or reduced parking standards requested. 2. The residential development conforms to all standards for affordability included in this Chapter. 3_ Any requested incentive or concession will result in identifiable, financially sufficient, and actual cost reductions based upon appropriate financial analysis and documentation if required by conditional use permit. 4. If a waiver or modification is requested, the applicant has shown that the imposition of the development standards sought to be waived or modified will have the effect of physically precluding the construction of the development at the densities or with the incentives or concessions otherwise permitted by this Chapter. D. Findings for Denial - Concessions, Incentives, Waivers, Modifications. 1. Concessions or incentives. The City may deny one or more requested concessions or incentives if, based on substantial evidence, the City makes either of the following findings: a. The concession or incentive is not required in order to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in Section65915(c); or b. The concession or incentive would have a specific adverse impact, as defined in Government Code Section 65598.5(d)(2), upon public health and safety or the physical environment, or on any real property that is listed in the California Register of Historical Resources, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rending the development unaffordable to very low, low, and moderate income households. 2. Waivers and modifications. The City may deny one or more requested waivers or modifications if the City makes either of the following findings: a The waiver or modification would have a specific adverse impact, as defined in Government Code Section 65598.5(d)(2), upon public health and safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact; or b. The waiver or modification would have a specific adverse impact on any real property that is listed in the California Register of Historical Resources. Ordinance No. 2011-2362 167 Amending Title 18 — Land Use Code E. Deed Covenant Approval of a density bonus and/or additional incentive(s) pursuant to this section shall require the recordation of a deed covenant recorded against the property to ensure the target unit(s) is maintained for affordability for the time period required prior to Final Map recordation or prior to the issuance of a building permit, if no subdivision of property is involved. F. Appeal Procedure The decision of the Planning Commission to approve or deny a request for a density bonus, additional incentive(s), and/or waivers or modifications of development standards pursuant to this section may be appealed to the City Council pursuant to procedures for appeal of other discretionary permit applications that are concurrently considered, or I if no other discretionary permit applications are concurrently considered, the decision of the Planning Commission may be appealed pursuant to procedures specified in Chapter 1 Section 18.12.110 (Conditional Use Permits) of the Land Use Code. 18.48.060 DENSITY BONUS HOUSING AGREEMENT A. Agreement with the City Applicants/developers requesting a density bonus shall enter into a Density Bonus Housing Agreement with the City. The terms of the draft agreement shall be approved by the Executive Director of the Community Development Commission of the City of National City or his designee. B. Recordation Following execution of the Agreement by all parties, the completed Density Bonus Housing Agreement, or memorandum thereof, shall be recorded with the County of San Diego Recorders Office, and the conditions therefore filed and recorded on the parcel or parcels designated for construction of target units and a copy of the recorded document shall be provided to the City. Recordation of the Agreement shall occur prior to recordation of a Final Map or prior to issuance of building permits, whichever occurs first. The Density Bonus Housing Agreement shall be binding to all future owners and successors in interest during the term of the Agreement, unless rescinded by the City upon completion of terms of the Agreement_ C. Provisions of Agreement The Density Bonus Housing Agreement shall include at least the following: 1. The total number of units approved for the housing development, including the number of target units. 2. A description of the household income group to be accommodated by the housing development, as outlined in Section 18.47.050 of this chapter, and the standards for determining the corresponding affordable rent or affordable sales price and housing cost. 3. The location, unit sizes (square feet), and number of bedrooms of target units. 4. Tenure of use restrictions for target units of at least ten or 30 years, in accordance with Section 18.47.050 of this chapter. 5. A schedule for completion and occupancy of target units. 6. A description of the density bonus, additional incentive(s) or equivalent financial incentives being provided by the City. 7. A requirement to submit to the Executive Director of the Community Development Commission of the City of National City or his designee for review and approval of an Affirmative Marketing Plan, which details the actions the developer/applicant shall take to provide information and otherwise attract eligible persons to the available housing units without regard to race, sex, sexual orientation, marital status, familial status, color, religion, national origin, ancestry, handicap, age, or any other category which may be defined by law now or in the future. Ordinance No. 2011-2362 168 Amending Title 18 — Land Use Code 8. A description of remedies for breach of the Agreement by either party. The City may identify tenants or qualified purchasers as third party beneficiaries under the Agreement. 9. Other provisions to ensure implementation and compliance with this section. 10. Provision allowing payment of fee by applicant to the City to recover their administrative expenses. D. For -Sale Housing Developments In the case of for -sale housing developments, the Density Bonus Housing Agreement shall provide for the following conditions governing the initial sale and use of target units during the applicable use restriction period: 1. Target units shall, upon initial sale, be sold to eligible very low, low, or moderate income households at an affordable sales price and housing cost, or to qualified residents (i.e., maintained as senior citizen housing) as defined by this Chapter. 2. Target units shall be initially owner -occupied by eligible very low, low, or moderate households, or by qualified residents in the case of senior citizen housing. 3. Target units, if later rented by the owner, shall be made available to eligible very low, low, or moderate income households at an affordable rent or to qualified residents (i.e., senior citizens) as defined by this Chapter. 4. The initial purchaser of each target unit shall execute an instrument or agreement approved by the City restricting the sale or rental of the target unit in accordance with this Ordinance during the applicable use restriction period. Such instrument or agreement shall be recorded against the parcel containing the target unit and shall contain such provisions as the City may require to ensure continued compliance with this Chapter and the State density bonus law. E. Rental Housing Developments In the case of rental housing developments, the Density Bonus Housing Agreement shall provide for the following conditions governing the use of target units during the use restriction period: 1. The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies, and maintaining target units for qualified tenants; 2. Property owners shall be required to verify tenant incomes on an annual basis and maintain books and records to demonstrate compliance with this Chapter. 3. Propertyowners shall be required to submit an annual report to the City, which includes the name, address, household size, and income of each household occupying target units, and which identifies the bedroom size and monthly rent or cost of each target unit. 4. Property owners shall be required to allow a City representative to inspect each unit annually at a minimum to ensure that units are being maintained to local Code and the Department of Housing and Urban Development (HUD) Housing Quality Standards. Ordinance No. 2011-2362 169 Amending Title 18 — Land Use Code DIVISION 5 CHAPTER 18-50 GLOSSARY Generally For the purpose of carrying out the provisions of this title, the words, phrases, and terms included herein shall be deemed to have the meaning ascribed to them in this Chapter. Abut or Abutting "Abut" or "abutting" means the same as "adjoining" and "contiguous". Access "Access" means the place or way by which pedestrians and vehicles shall have safe, adequate and suitable ingress and egress to a property or use as required by this title. Accessory building or structure "Accessory building or structure" means a subordinate building or structure, the use of which is incidental to that of aid separate from the main building or primary structure and is located on the same lot. Administrative services "Offices, administrative, clerical or public contact services that deal directly with the citizen, together with incidental storage and maintenance of necessary vehicles. Typical uses include federal, state county and city offices." Accessory Use "Accessory use" is a use conducted on the same lot as the principal use or structure to which it is related, except that where specifically provided in the parking and loading regulations, accessory off-street parking or loading need not be located on the same lot; and, a use which is dearly incidental to and customarily found in connection with such principal use, and which is either in the same ownership as such principal use or is maintained and operated on the same lot substantially for the benefit or convenience of the owners, occupants, employees, customers, or visitors of the principal use. Addition "Addition" means the result of any work that increases the volume of an existing structure or replaces a demolished portion. Compare "alteration" and "structural alteration". Adjacent "Adjacent" refers to two or more lots or parcels of land separated only by an alley, or located in close proximity to each other; or two or more objects that lie near or close to each other. Compare "adjoining". Adjoining "Adjoining" refers to two or more lots or parcels of land sharing a common boundary line, or two or more objects in contact with each other. Synonyms are "contiguous" or "abutting." Adult Day Health Care Center "Adult day health care center" means a facility for seniors which provides care, protection and activities on a less than twenty -four-hour basis under the supervision of professional staff. The establishment shall be licensed by the state and conducted in accordance with state requirements. Advertising For definitions relating to advertising, see Sign -Related definitions. Agent of Owner "Agent of owner" means any person who can show certified written proof that he is acting for the property owner. Ordinance No. 2011-2362 170 Amending Title 18 — Land Use Code Agricultural or Agriculture "Agricultural" or "agriculture" means the use of land for agricultural purposes, including farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, and animal and poultry husbandry, and the necessary accessory uses for handling, treating or storing the produces; provided, however, that the operation of any such accessory use shall be secondary to that of the normal agricultural activity. Air Contaminant "Air contaminant" means particulate matter, dust, fumes, gas, mist, smoke, vapor, or any combination thereof having or tending to have a deleterious effect on human beings, vegetation, animals or property. Alley "Alley" means a public or private right-of-way, other than a street or highway, permanently reserved as a means of providing secondary vehicular access to abutting properties. Alteration "Alteration" means any work on a structure that does not result in any addition to the structure. Compare "addition" and "structural alteration". Amendment "Amendment" means a change in the wording, context or substance of this title, or a change in the zoning maps, which are part of this title when adopted by ordinance of the city council in the manner prescribed by law. Anchor "Anchor". A large store, such as a department store or supermarket, that is prominently located in a shopping mall to attract customers who are then expected to patronize the other shops in the mall. See also "Large Format Retail". Animal boarding/kennel, small The provision of temporary shelter and care for small animals on a commercial basis. Small animals include domesticated animals or household pets commonly maintained in residence with humans. Animal Hospital For a definition of "Animal Hospital," see "Veterinary Hospital". Animal Husbandry "Animal husbandry" is the care and breeding of domestic agricultural animals such as chickens and other fowl and horses. Arcade "Arcade". A covered walkway composed of a succession of arches supported by columns Architectural Projection For this definition, see "Projection, Architectural". Area "Area" means the same as "net area", unless otherwise specified. Area, Net "Net area" means that area of a lot or parcel of land exclusive of public alleys, highways or streets; or proposed public facilities such as alleys, highways, or streets or other necessary public sites when included within a proposed development project; or other public or private easements where the owner of the servient tenement does not have the right to use the entire surface of the land. Ordinance No. 2011-2362 171 Amending Title 18 — Land Use Code Articulation "Artieili.+lion". The degree or manner in which a building wall or roofline is made up to distinct parts or elerneeL i; highly articulated wall will appear to be composed of a number of different planes, usually made distinct by their change in direction (projections and recesses) and/or changes in materials, colors, or textures. Assembly Building "Assembly building" means a building or a portion of a building used for gathering for such purposes as deliberation, worship, auditorium, church or chapel, dance floor, lodge rooms, conference rooms, dining rooms, drinking establishments, exhibit rooms, or lounges. Assembly and Light Manufacturing/Processing Assernb, light manufacturing, and processing uses have no objectionable environmental influences by reason of the emission of odor, heat, smoke, noise, and vibration and do not use explosive or petroleum material!. Such uses may include manufacturing, printing, assembling, processing, repairing, bottling, or packaging of products from previously prepared materials (excluding the assembly of large equipment and machinery); manufacturing of electrical and electronic instruments, devices and components, furniture; tools, clothing and shoes, toys and novelties, renewable energy infrastructure; artist studios;, dyeing and cleaning plants, except large-scale operations; and any other limited manufactured/processing use which is determined by the City to be of the same general character as the uses listed here. Assisted Living Facility "Assisted living facility" means a complex that is designed to accommodate primarily the elderly but may accommodate others, with staff personnel and programs to assist residents with many activities of daily living. Units may or may not have kitchens, but meals are provided in a central location. Units usually rent on a monthly basis. Auto body Uses A building or portions of a building where painting and interior and body modifications or repairs are performed on motor vehicles and trailers, including associated floor space used for offices, parking or showrooms. This includes shops that specialize in collision repair work; customization work on the body and interior of vehicles for aesthetic purposes or for the physically disabled, or other customers with special requirements; painting for post -collision, refurbishment or customization; and restoration of classic and antique vehicles. Automobile, Abandoned "Abandoned automobile" means any motor vehicle which is required to be registered by the California Vehicle Code when operated upon a highway and whose registration has been expired for a period of six months or more. However, a motor vehicle stored within a permitted building or structure shall not he considered to be an abandoned automobile. Automobile and Trailer Sales Area "Automobile and trailer sales area" means an open area, other than a street, used for the display, sale or rental of new or used automobiles or trailers and where no repair work is done except minor incidental repairs of automobiles or trailers to be displayed, sold or rented on the premises. Automobile Dismantling Yard or Automobile Wrecking Yard "Automobile dismantling yard" or "automobile wrecking yard" means any premises used for the dismantling or wrecking of vehicles required to be registered under the California Vehicle Code, including the buying, selling or dealing of such vehicles or the integral parts or component materials thereof, or the storage, sale or dumping of dismantled, partly dismantled or wrecked inoperative vehicles. "Automobile dismantling" shall not include the incidental storage of inoperative or disabled vehicles in connection with a legal operation of an automobile repair garage, automobile body and fender repair shop, or automobile impound yard. See "scrap metal processing" Ordinance No. 2011-2362 172 Amending Title 18 — Land Use Code Automobile Impounding Yard "Automobile impounding yard" means facilities maintained by a permittee, on contract with the city, for the temporary storage of vehicles legally removed or impounded by a peace officer from public or private property as prescribed by law. Automobile Parking For definitions relating to Automobile Parking, see "Parking Lot" and Parking -Related Definitions. Automobile Repair, Major "Major automobile repair" means repair involving removal of heads, pans, transmissions; repairing, replacing, or overhauling of engines, motor transmissions; repairing or replacing driving mechanisms, steering mechanisms, differential assemblies; and repairing or replacing any other major automotive part or parts. Automobile Repair, Minor "Minor automobile repair" means the sale, installation, and servicing of tires, batteries, automotive accessories and replacement items, engine tuneup, replacing points and plugs, carburetor overhaul; brake replacement and drum turning; alignment work, wheel balancing; replacing shock absorbers; air conditioning service; washing and lubricating services; steam cleaning; and supplying other incidental customer services and products. Automobile Service Station "Automobile service station" means a retail place of business engaged in the sale of motor fuels and in supplying goods and services generally required in the operation and maintenance of automotive vehicles and the fulfilling of motorist needs. These shall include free restroom facilities for service station customers, and may include any of the items included under "major automobile repair" or "minor automobile repair". Automobile Wrecking For a definition of "automobile wrecking," see "automobile dismantling, or wrecking yard". Awning "Awning" means a temporary shelter supported by an exterior wall of a building and of a type which can be retracted, folded or collapsed against the face of the supporting building. Balcony "Balcony" means an unroofed platform enclosed by a railing or parapet projecting from the wall of a building for the private use of tenants or for exterior access to the above -grade living units. When a balcony is roofed and enclosed with operating windows, it is considered part of the room it serves. Bar/Nightclub "Bar/Nightclub" includes restaurants with dancing after dinner hours, cocktail lounges, bars, establishments that provide live entertainment, and similar uses. Basement For a definition of "basement," see the Uniform Building Code. Batching Plant "Batching plant" means a plant for the manufacture or mixing of concrete, cement, and concrete and cement products, including any apparatus and uses incident to such manufacturing and mixing. Bed and Breakfast Inn "Bed and breakfast inn" means a residential building containing a specified number of guest rooms occupied by a specific number of persons, which provides living units and limited refreshments for transient guests, and which is managed and occupied by the owner of the property. Ordinance No. 2011-2362 173 Amending Title 18 — Land tJse Code Bedroom "Beciroo,a" means a private room intended for or capable of being used for sleeping, separated from other rooms uy a door, having a window and closet/storage nook, and accessible to a bathroom without crossing another bedroom. Beginning of Construction "Beginning of construction" means demolition, elimination and removal of an existing structure preparatory to new construction, or the incorporation of labor and materials in the foundation of a building or buildings. Billboard or Outdoor Advertising Structure For definitions relating to billboards or outdoor advertising structures, see sign -related definitions in Section 'i 8-47. Block "Block" means the land adjoining one side of a street between two consecutive junctions of said street with streets, railways, rights -of -way, or waterways crossing or meeting said side of said street. Body Piercing Body piercing" means penetrating the skin to make a hole, mark, or scar that is generally permanent in nature: to place jewelry or objects of metal or plastic on any area for cosmetic purposes. "Body piercing" does not include practices that are considered medical procedures or the puncturing of the outer perimeter or lobe of the ear using a pre -sterilized, single -use stud and clasp ear piercing system. Bona Fide Public Eating Place "Bona fide public eating place" means a place which is regularly and in a bona fide manner, used and kept open for the serving of meals to guests for compensation and which has suitable kitchen facilities connected therewith, containing conveniences for cooking an assortment of foods which may be required for ordinary meals, the kitchen of which must be kept in a sanitary condition with the proper amount of refrigeration for keeping of food on said premises and must comply with all the regulations of the local department of health. "Meals" mean the usual assortment of foods commonly ordered at various hours of the day; the service of such food and victuals only as sandwiches or salads shall not be deemed a cornphance with this requirement. "Guests" mean persons who, during the hours when meals are regularly served therein, come to a bona fide public eating place for the purpose of obtaining, and actually order and obtain at such time, in good faith, a meal therein. Nothing in this section, however, shall be construed to require that any food be sold or purchased with any beverage. Buildable Area "Buildable Area" Means the same as "net area" Building For a definition of "building," see the Uniform Building Code. Building Bulk "Building bulk" means the size of buildings or other structures and their relationships to each other and to open areas and lot lines. Regulations controlling bulk include maximum height, maximum lot coverage, maximum floor area ratio, minimum size of yards and setbacks, shape of buildings or other structures, the area of the lot upon which a residential building is located, and the number of dwelling units or rooms within such building in relation to the area of the lot. Building Height Fora definition of "building height," see the Uniform Building Code. Building Line "Building line" means a line established by law or agreement usually parallel to the property line beyond which a structure may not extend. Ordinance No. 2011-2362 174 Amending Title 18 — Land Use Code Building Lot Coverage "Building lot coverage" means that percentage of a lot which, when viewed directly from above, would be covered by a structure or structures, or any part thereof, excluding projecting roof eaves. Building, Main or Primary "Main building" means any building in which is conducted the principal use of the building site on which it is situated. In any residential zone, any dwelling shall be deemed to be a main building on the building site on which it is located. Building Site "Building site" means: 1. The ground area of one lot; or 2. The ground area of two or more lots when used in combination for a building or permitted group of buildings, together with all open spaces as required by this title. See "lot". Bulk Distributing Station, Hazardous Materials "Hazardous materials bulk distributing station" means any distributing station for hazardous materials where there is located a loading rack and which is not an integral part of a refinery, natural gasoline plant, or crude petroleum producing or pipeline operation. Cabaret "Cabaret" means a cafe, restaurant, bar or other public establishment that serves food or alcoholic or nonalcoholic beverages, or both, where entertainment is regularly provided by paid or unpaid performers or musicians, or dancing is regularly allowed to the accompaniment of recorded or live music or rhythmic sound. Camper For a definition of "camper," see "Recreational Vehicle". Compare "mobile home". Camp, Tourist For this definition, see "Tourist Camp". Camp, Youth For this definition, see "Youth Camp". Canopy "Canopy". A roof -like projection extending horizontally from a structure, usually made of metal, over a sidewalk or driveway for protection from sun or rain. Car For definitions relating to cars, see "motor vehicle", "vehicle", and other automobile -related definitions. Carport "Carport" means an accessory structure or portion of a principal structure, consisting of a roof and supporting members such as columns or beams, unenclosed from the ground to the roof on at least two sides, and designed or used for the parking or temporary storage of motor vehicles of owners or occupants of the structure to which it is accessory. Car Wash, automatic An "automatic car wash" means a building or portion thereof containing facilities for washing vehicles, using conveyorized and/or mechanized equipment where the washing of the vehicle is performed by the equipment. Ordinance No. 2011-2362 175 Amending Title 18 — t_and Use Code Car wash, full service A "full service car wash" means a budding or portion thereof containing facilities for washing vehicles, using cunveyorized and/or mechanized equipment where the washing of the vehicle is performed by the equipment and an employee or employees of the facility assist in performing other services such as cleaning, drying, vacuuming, waxing, detailing, or similar services on the vehicle. Car Wash, manual A "manual car wash" means a building or portion thereof containing self-service facilities where the washing of the vehicle is performed by the customer. Cellar For a definition of "cellar," see the Uniform Building Code. Cemetery "Cemetery" means land used or intended to be used for the burial or interment of the dead and dedicated for such purposes, including columbariums, crematories, mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery. Certificate of Occupancy "Certificate of occupancy" means a required document issued by the department of building and housing prior to the occupation or use of vacant land, except for agricultural uses, or prior to occupation or use of buildings erected or structurally altered_ Child Day Care Center "Child care center" means any child care facility of any capacity, other than a child day care home, in which less than 24-hour per day nonmedical care and supervision are provided to children in a group setting.. Circus and/or Carnival "Circus" and/or "Carnival" means a temporary outdoor amusement center, bazaar or fair, either involving use of special purpose equipment or conducted by professional operators, or both, and where activities include such things as rides, exhibitions, food service, sales, or small-scale games. City Council See Chapter 2.04. City Manager See Chapter 2.01. Civic, fraternal, community, and cultural facilities A facility operated entirely on a public or nonprofit basis for the purpose of providing education, information, training, and/or entertainment of a civic or cultural nature. Such facilities include, but are not limited to, libraries, museums, and community centers. Clinic "Clinic" means any facility used for the care, diagnosis and treatment of sick, active, infirm or injured persons and those who are in need of medical, dental or surgical attention, but who are not provided with board or room, or kept overnight on the premises. "Clinic" includes dental clinic, health clinic, medical clinic and doctors' offices, and may include laboratory facilities in conjunction with normal clinic services. Club, Country "County club" means a private club organized and operated for social purposes and possessing outdoor recreational facilities, such as golf courses, tennis courts or polo grounds. Ordinance No. 2011-2362 176 Amending Title 18 — Land Use Code Club, A "club" means any building or premises used by an association of two or more people united by a common interest or goal, whether incorporated or unincorporated, organized for some common purpose, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise. College and university facilities "Educational institutions of higher learning which offer a course of study designed to culminate in the issuance of a degree." Colonnade "Colonnade". See arcade Commencement, Land Use Activity "Commencement" of any land use activity as provided for by this title is the date of beginning of such activity after all required city permits and approvals have been given. Where a use or premises require an occupancy permit, commencement shall not be recognized before that permit is issued. Any land use activities begun prior to commencement as defined above are, for the purposes of this title, not commenced. Commercial "Commercial" refers to any activity on or use of land which involves the buying, selling, processing, or improving of things riot produced on the land and having financial gain as the primary aim of the activity or use, whether or not such activity or use is for hire or on account of the buyer, seller, processor, or improver. Commercial Recreation (indoor) "Commercial recreation (indoor)" refers to indoor recreational facilities that are operated as a business and open to the general public for a fee. Such uses may include, but are not limited to, gyms/health clubs, bowling alleys, martial arts, dance and exercise studios, skating rinks, batting cages, indoor swimming pools, boxing studios, indoor climbing walls, and similar uses. Commercial Recreation (outdoor) "Commercial recreation (outdoor)" refers to outdoor recreational facilities that are operated as a business and open to the general public for a fee. Such uses may include, but are not limited to, sports fields, golf courses/driving ranges, miniature golf, outdoor swimming pools, skate parks, court games, and similar uses. Communication Equipment Building or Use "Communication equipment building or use" means a building or lot housing electrical and mechanical equipment necessary for the conduct of a public communications business with or without necessary personnel. Community Center "Community center" means a neighborhood building for social, recreational, and cultural activities. Community Farm "Community farm" means an area of land larger than one -acre managed and maintained by an individual or group of individuals to grow and harvest food and horticultural products for shareholder consumption or for sale or donation. Shareholders may arrange to work on the farm in exchange for a share of the crops and/or pay for a portion of the crop in advance. A community farm may be a principal or accessory use. Conditional Use "Conditional use" means a use which requires a special degree of control because of characteristics peculiar to it, or because of size, technological processes or type of equipment, or because of the exact location with reference to surroundings, streets and existing improvements or demands upon public Ordinance No. 2011-2362 177 Amending Title 18 Land Use Code facilities. Such control is to ensure that the particular use at the particular site on which such use is proposed to be located is compatible with other existing or permitted uses surrounding the site. Condominium Development "Cor cl it :num development" means a structure and appurtenant premises divided in ownership by the existence of condominiums as now or hereafter defined by state law, and includes instances where ownership is so divided following prior single ownership of the entire structure and premises, as well as new structures and premises so divided in ownership. Construction Yard "Cons rnrction yard" means an area on or immediately adjacent to a major construction or demolition site used ,,ii :a temporary basis for the parking and storage of equipment used in the project, and the storage and t,iivaration of materials and other items used in the project. Such yard may include construction offices and such shops as are necessary for work on the immediate project. Contiguous "Contiguous" means the same as "adjoining". Convalescent services "A use• providing bed care and in -patient services for persons requiring regular medical attention, such as musing homes, but excluding facilities providing surgical or emergency medical services, facilities providing care for alcoholism, drug addiction, mental disease or communicable disease." Convenience Establishments "Convenience establishments" means small establishments designed and intended to serve the daily or frequent trade or service needs of the surrounding population. Such establishments include grocery stores, variety stores, drugstores, coin -operated laundry and dry cleaning establishments, beauty shops, barber shops, and medical and dental offices. Specifically excluded are automobile service stations and repair garages, and drive-in eating and drinking establishments. Corner Lot For this definition, see "Lot, Corner". Cornice "Cornice". An ornamental molding that finishes or crowns the top of a building, wall, arch or similar structure. Court "Court" means an area on the same lot with a building which is bounded on two or more sides by the exterior walls of a building or buildings on the same lot. Courtyard Housing "Courtyard Housing" means a group of three or more detached or attached one-story dwellings located on a single lot, and having a common court or yard_ Each dwelling unit will have a separate entrance on the ground floor. Coverage For this definition, see "Building Lot Coverage"_ Curb Level "Curb level" means the level of the established curb in front of the building measured at the center of such front. Where no curb level has been established, the city engineer shall establish such curb level or its equivalent. Ordinance No. 2011-2362 178 Amending Title 18 — Land Use Code Dairy "Dairy" means any premises where three or more cows or goats or any combination thereof equaling three or more animals are kept or maintained for the purpose of producing milk or milk products. Decibel "Decibel" is a unit which describes the sound pressure level or intensity of sound. The sound pressure level in decibels is twenty times the logarithm, to the base ten, of the ratio of the pressure of the sound to a reference pressure of 0.0002 microbars. Density "Density" means the number of dwelling units that may be constructed per acre or per square foot of lot area. Department Store "Department store" means a store or group of shops under unified management selling a variety of merchandise groups, normally including clothing, appliances, hardware, and furniture. Depth of Lot For this definition, see "Lot Depth". Development "Development" means the design, construction and related use of real property in any manner requiring compliance with this code. Disposal Facility A "disposal facility" provides permanent containment or destruction of waste materials. Landfills and incinerators are examples of disposal facilities. Dock "Dock" means a landing pier for boats; a wharf, a structure supported by piling or floats in such a manner as to allow free flow of water beneath said structure and in which any buildings constructed thereon are incidental to the use of said structure as a wharf or landing pier. Dormitory "A dormitory is a living facility accessory to a learning center designed to house students. A dormitory may be located on the same property as the learning center (college, university, boarding school, nursing school, or similar learning center) or may be located within one -quarter mile radius of the learning center." Drive -Through Restaurant or Drive -Through Eating Place "Drive -through restaurant" or "drive -through eating place" means any commercial establishment serving food or drinks, making provisions encouraging consumption of food or beverages off -site. Drive -through restaurants or eating places may also provide areas for indoor consumption. Driveway "Driveway" means a private road, the use of which is limited to persons residing, employed or otherwise using or visiting the parcel on which located. Dump "Dump" means an area devoted to the disposal of refuse and salvage, including incineration, reduction, or the dumping of ashes, garbage, combustibles or non -combustibles, or offal. Duplex "Duplex" means a building containing two dwelling units meant for residential occupancy which are attached by a common wall. Ordinance No. 2011-2362 179 Amending Title 18 — land Use Code Dwelling "Dwelling" means a building or portion thereof designed or used exclusively for residential occupancy. For the purposes of this title, dwellings do not include hotels, motels, roominghouses, nursing homes, rest homes, university -owned or university -leased housing or institutions. See also "residential building". Dwelling, Group "Group dwelling" means two or more single detached, single attached, or multiple- dwellings or apartments located on the same lot. Dwelling, Mobile Horne For a definition of "mobile home dwelling," see "mobile home".. Dwelling, Multiple "Multiple dwelling" means the same as multi -unit residential dwelling. Dwelling, Single Detached "Single detached dwelling" means a detached building containing one dwelling unit meant for residential occupancy. Dwelling, Single Attached "Single attached dwelling" means a building containing two dwelling units meant for residential occupancy which are attached by a common wall. Dwelling Unit "Dwelling unit" means one or more rooms with private kitchen and bathroom facilities, designed for occupancy for living and sleeping purposes. Easement, Private Road For this definition, see "Private Road Easement" in the Glossary. Educational Institution "Educational institution" means any elementary school, junior high school, high school, or college or university, either public or private, giving general academic instruction in the several branches of learning. Efficiency Unit For this definition, see "Studio Unit" in the Glossary. Electric Distribution Substation "Electric distribution substation" means the assembly of equipment which is part of a system for the transmission of electric power, which receives electric energy at a very high voltage from its source of generation, by means of a network of high voltage lines, and where, by means of transformers, said high voltage is transformed to a lower subtransmission voltage for the purpose of supplying electric power to large individual customers, or interconnections with other power -producing agencies or electric distribution substations for transformation to still lower voltage for distribution to smaller individual use. Emergency shelter "Emergency shelter" is defined in Section 50801(e) of the Health and Safety Code and includes housing with minimal supportive services that is limited to occupancy of up to six months. No individual or household may be denied emergency shelter because of an inability to pay. Essential Services "Essential services" means the erection, construction, alteration, or maintenance by public utilities or municipal or other governmental agencies of underground or overhead gas, electrical, steam or water transmission systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police callboxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such utilities or Ordinance No. 2011-2362 180 Amending Title 18 — Land Use Code municipal or other governmental agencies or for the public health or safety or general welfare, but not including any buildings, electrical substations, or water storage tanks. Explosive Material "Explosive material" means any chemical compound mixture or device, the primary and common purpose of which is to function by explosion with substantially simultaneous release of gas and heat, the resulting pressure being capable of producing destructive effects. Facade "Facade". The exterior face of a building which is the architectural front, sometimes distinguished from other faces by elaboration of architectural or ornamental details. Family Day Care Home, Large "Large family day care home" means a home that provides family day care for 7 to 14 children, inclusive, including children under the age of 10 years who reside at the home, or as set forth in Section 1597.465 of the California Health and Safety Code and as defined in regulations. Family Day Care Home, Small "Small family day care home" means a home that provides family day care for eight or fewer children, including children under the age of 10 years who reside at the home, or as set forth in Section 1597.44 of the California Health and Safety Code and as defined in regulations. Family Foster Care Home "Family foster care home" means a family residence in which twenty -four-hour full-time care is provided for not more than six foster children (persons under eighteen years of age) and the dwelling unit is licensed by the state. Farm Stand A "Farm stand" is a temporary or permanent structure used for the display and sale of agricultural products. Fast Food Eating Place "Fast food eating place" means any retail food establishment that primarily provides short order food services for on -site dining or take-out service, where such food and beverage is served on paper, plastic, or other disposable containers, and including drive in and drive through restaurants where ready -to -eat foods are served primarily to be consumed off the premises. This definition includes all self-service restaurants, except cafeterias, sit-down pizza parlors, and donut shops. Fence "Fence" means a freestanding structure of metal, masonry, composition or wood, or any combination thereof, resting on or partially buried in the ground and rising above ground level, and used for confinement, privacy, protection, screening or partition purposes. Fenestration. "Fenestration" is the number, design, and arrangement of exterior windows. Final Map "Final map" means a map prepared in accordance with the land division regulations and with any applicable provisions of the Subdivision Map Act, designed to be recorded with the county recorder. Fire Protection "Fire protection" means such fire hydrants and other protective devices as required by the chief of the fire department. Ordinance No. 2011-2362 181 Amending Title 18 — Land Use Code Floor Area "Floor ,area" means the sum of the gross area of each floor of a building, excluding mechanical space, cellar :.Dace, elevators and stair bulkheads, open balconies, open porches, open breezeways, open terraces, and required parking.' Floor Area Ratio "Floor area ratio" means the total floor area on a lot divided by the lot area. For example, a building containing twenty thousand square feet of floor area on a zoning lot of ten thousand square feet has a floor area ratio of two. Free Standing Retail "Free: standing retail" means a single retail sales facility of up to 20,000 square feet in size that is situated independently on a building lot and for which associated parking serves exclusively that facility. Freeway "Freeway" means a divided highway for through traffic with full control of access and with grade separations at intersections, and declared to be such in compliance with the California Streets and Highways Code. Frequency "Frequency" means the number of times that a displacement completely repeats itself in one second of time. Frequency may be designated in cycles per second or hertz (Hz). Frontage "Frontage" means all property fronting on one side of a street between intersecting or intercepting streets, or between a street and right-of-way, waterway, end of dead-end street, or city boundary measured along the street line. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts. Frontage Road For this definition, see "Service Road" in the Glossary. Front Yard For this definition, see "Yard, Front" in the Glossary. Future Street or Alley For this definition, see "Street or Alley, Future" in the Glossary. Games of Skill or Amusement "Games of skill or amusement" means any machines, devices or apparatus, the operation or use of which is permitted, controlled, allowed or made possible by the deposit or placement of any currency, plate, disc, slug or key into any slot or crevice, for the purpose or use as a game or amusement of any description the use for the purpose of which is not prohibited by any law of the state. Garage, Private For a definition of "private garage," see "parking garage, private". Garage, Public For a definition of "public garage," see "parking garage, public". Garage, Repair "Repair garage" means a structure or portion thereof, other than a storage or parking garage, designed or used for repairing, equipping or servicing motor vehicles. Such garages may also be used for housing, storage or sale of motor vehicles. Ordinance No. 2011-2362 182 Amending Title 18 — Land Use Code Garage, Storage "Storage garage" means a structure or portion thereof designed and used exclusively for the storage of motor vehicles, and within which temporary parking may also be permitted. , General Plan "General plan" means a comprehensive declaration of purposes, policies and programs for the development of the city and including, where applicable, diagrams, maps and text setting forth objectives, principles, standards, and other features, and which have been adopted by the city council. Goods and Services, Retail Retail goods include commercial establishments that provide physical goods, products or merchandise directly to the consumer, where such goods are typically available for immediate purchase and removal from the premises by the purchaser. Typical uses include, but are not limited to, apparel, household appliances, computers and electronics, books and stationary, gifts and souvenirs, paint and wallpaper, pets, plants, groceries and baked goods, hardware, hobby and crafts, sports equipment or similar products. Services include establishments or places of business primarily engaged in the provision of frequent or recurrent needed services of a personal nature. Typical uses include, but are not limited to, beauty shops, barbershops, nail salons, animal grooming establishments, shoe, jewelry, or watch repair, coin -operated Laundromats, dry cleaners and tailors, travel agencies, insurance agencies, banks and credit unions, printing and copy businesses, photographic studios, or similar businesses. Retail goods and services do not include the sale and service of vehicles, industrial -type equipment, heavy machinery, or other similar uses. Government Service Agency "Government service agency" means a government service facility providing direct services to the public wherein large aggregations of people are probable, especially those such as employment offices, public assistance offices, motor vehicle registration and licensing services and similar activities commonly accustomed to having sizeable assemblages of people queueing, tarrying, biding or waiting for service, whether pedestrian or vehicular. Grade For a definition of "grade," see the Uniform Building Code. Gradient "Gradient" means the rate of vertical change of a ground surface expressed as a percentage figure and determined by dividing the vertical distance by the horizontal distance. Guidance/social assistance services "A use providing counseling, guidance, recuperative, or similar services for persons requiring rehabilitation assistance as a result of mental illness, alcoholism, detention, drug addiction, or similar conditions for only part of a 24-hour day." Hazardous Waste Facility "Hazardous waste facility" shall be defined as specified by the California Health and Safety Code and the San Diego County Hazardous Waste Management Plan. Health Facility, Long -Term "Long-term health facility" means an institution or premises licensed by the state and used for the housing and care of the ambulatory, aged or infirm, and offering or providing lodging, meals, nursing, dietary or other personal services, but not including the care and treatment of persons with contagious or communicable diseases or persons insane or addicted to narcotics or alcohol. There shall be no surgery, physical therapy, or other similar activities such as are customarily provided in hospitals. Also called rest homes; convalescent homes; homes for the aged; veterans' homes; institutions for the feebleminded, cerebral palsied and the like; plus other similar names signifying long-term care, which is personal and, at most, nursing help, rather than medical or surgical care. See also "hospital". (Note: A senior citizens' project or housing -for -the -elderly project is to be distinguished from a long-term health facility in that the Ordinance No. 2011-2362 183 Amending Title 18 — Land Use Code senior citizens' project or housing is primarily of a residential character with only incidental nursing facilities while a nursing home is primarily designed and used for the care of convalescent or ill persons.) Heavy Manufacturing/Processing "Hea' ; rnr,nufacturing/processing" includes uses that process or treat materials for the fabrication of large base -sector products. Assembly of large equipment and machines is included in this category as well as manufacturing uses that typically produce noise, dust, or other pollutants capable of harming or annoying adjacent uses. Such uses include manufacturing and processing of plastics and synthetic resins; rubber produ k. soaps, bleaching products, and other disinfectants; large scale laundry and dry cleaning facilities; industrial chemicals; paint and lacquer; fish, vinegar, and other food products with offensive odors (except slaughterhouses); steel mills; petroleum chemical sales; organic chemical research; and other uses that are found by the City to be of the same general character to those listed here. Helicopter "Helicopter" means a rotary -wing aircraft which depends, for its support and motion in the air, principally upon the lift generated by one or more power -driven rotors that rotate on a substantially vertical axis. Heliport "Heliport" means an area of land or water or a structural surface which is used or intended for use for the landing and takeoff of helicopters, and any appurtenant areas which are used or intended for use for heliport buildings and other heliport facilities. Helistop "Helistop" means the same as a heliport, except that no refueling, maintenance, repairs or storage of helicopters is permitted. Highway For definition, see "Freeway". Home, Convalescent "Convalescent home" means the same as "long-term health facility". Home Garden "Horne garden" means a garden maintained by one or more individuals who reside in a dwelling unit located on the subject property. Food and horticultural; products grown in the home garden may be used for personal consumption or for donation or sale on —site. A home garden is an accessory use to a principal residential use_ Home Occupation "Home occupation" means an occupation carried on within the main building by the occupant of the dwelling as a secondary use, in connection with which there is no display, no stock in trade nor commodity sold upon the premises, no person employed, and no mechanical equipment used except that which is normally necessary for housekeeping purposes. Homeless Shelter "Homeless shelter" means the same as "Emergency Shelter". Hospice A program that provides care for clients in the last stages of a terminal illness within the client's home or a home -like facility. Hospital "A facility providing medical, psychiatric or surgical service for sick or injured persons, primarily on an in- patient basis, and including ancillary facilities for out -patient and emergency treatment, diagnostic services, training, research, administration and services to patients, employees, or visitors." Ordinance No. 2011-2362 184 Amending Title 18 — Land Use Code Hospital, Long -Term Convalescent, Or Nursing And Convalescent "Long-term convalescent hospital" or "nursing and convalescent hospital" means the same as "long-term health facility". Hospital, Psychiatric "Psychiatric hospital" means the same as "special hospital". Hotel A building in which lodging is provided and offered to the public for compensation, and which is open to transient guests for less than 30 days. No room rentals shall be provided on an hourly basis. The hotel may include facilities available to the general public, such as meeting and dining facilities and limited goods and services, provided these are an integral part of the hotel operations. Household Pet "Household pet" means any domesticated animal commonly maintained in residence with humans. Improvement, Public "Public Improvement" means such street work and utilities as may be installed on land to be used for public or private streets, highways, alleys, pedestrian ways, ways, and easements, as are necessary for the general use and safety of the landowner and the public. Such street work and utilities may include necessary monuments, street name signs, guardrails, barricades, safety devices, fire hydrants, grading, retaining walls, storm drains and flood control channels and facilities, erosion control structures, sanitary sewers, street lights, street trees, traffic warning devices (other than traffic signals), and such other facilities as may be required by this title. Incidental Use "Incidental use" means the same as "accessory use". Industrial Park "Industrial park" means a special or exclusive type of industrial area designed or equipped to accommodate a community of industries, or approved under the procedure for planned development. Institution An "Institution" is a non-profit or quasi -public use, or institution such as a library, public or private school, hospital, or municipally owned or operated building, structure or land used for public purposes. Institution, Health For definitions relating to health institutions, see "clinic", "long-term health facility", and "hospital". Institution, Philanthropic For this definition, see "Philanthropic Institution". Inundation "Inundation" means ponded water or water in motion of sufficient depth to damage property due to the presence of the water or due to deposits of silt. Junk or Salvage Yard "Junk or salvage yard" means any premises used for the keeping or storage of junk, including but not limited to iron and scrap metals, paper, rags, glass, wood and similar materials, and includes the dismantling of machinery or the storage or keeping for sale of parts and equipment resulting from dismantling or wrecking operations on said property or elsewhere. "Junk or salvage yard" also includes the baling of cardboard, cardboard boxes, paper and paper cartons. Compare "automobile dismantling, or wrecking yard" and "scrap metal processing". Ordinance No. 2011-2362 185 Amending Title 18 — Land Use Code Kennel "Ken r;l" means any place where three or more dogs are kept for breeding purposes and where the pups are s,:ld any other person; or where dogs are received for care or for boarding by the day, week or month, or for longer periods of time. Kitchen "Kitchen" means any room or space within a building designed, intended to be used, or used for the cooking or the preparation of food. Landscaping "Landscaping" means the use of architectural and horticultural materials to provide control of erosion, dust, - : cL and accumulation of litter in a manner complementary to the purpose of adding natural enviroiu, ontal quality to the premises. "Landscaping" includes the planting and maintenance of some combination of trees, shrubs, groundcover, vines, flowers, lawns or other planting materials, other than weeds providing shade, visual screening, aesthetic enhancement, soil conservation, and the removal or reduction of fire hazards, rodent harborages, vermin, and disease -bearing creatures. In addition, the combination or design may include natural features such as rock and stone, and structural features such as pools, art work, screens, walls, fences and benches. See also "fence" and "screening" as defined in the Glossary. Landscaping Maintenance "Landscaping maintenance" includes sufficient irrigation, fertilization, pruning, trimming, training, and all other reasonable acts necessary to keep plants in a healthy vigorous condition. Maintenance also includes removal of weeds, dead materials and accumulated litter, rubble, or other foreign substances; and reseeding, and replacernent of dead plants and planting where necessary to restore a landscaped area to the level of "coverage" required of a new installation. Large Format Retail "Large format retail" is a single retail sales facility that has greater than 20,000 square feet of gross floor area and is contained in a single building. Loading Berth "Loading berth" means a space within a loading facility, exclusive of driveways, aisles, maneuvering areas, ramps, columns, landscaping areas, office and work areas, for the temporary parking of a commercial vehicle while loading or unloading goods or materials, and which abuts upon a street, alley, or other appropriate means of access. Loading Facility "Loading facility" means an area, either open or enclosed, or partially enclosed within a structure or portion thereof, designed or used for the temporary parking of commercial vehicles while loading or unloading goods or materials. Lot The following shall constitute a legal building site: 1. A parcel of land which is shown on a final subdivision map recorded in the office of the county recorder, pursuant to the provisions of the Subdivision Map Act; or 2. A parcel of land, the dimensions or boundaries of which are defined by a duly recorded record of survey map; or 3. A parcel of land shown on the approved lot split map on file in the city engineering department; or 4. A parcel of land which is shown on an approved parcel map recorded in the office of the county recorder; or 5. A parcel of land not described as in subsections 1, 2, 3, and 4 of this definition and legally subdivided prior to the adoption of this National City Land Use Code. Ordinance No. 2011-2362 186 Amending Title 18— Land Use Code Lot Area "Lot area" means the total area, measured on a horizontal plane, included within the lot lines of a lot or parcel of land. Lot, Corner "Corner lot" means a lot or parcel of land situated at the intersection of two or more streets or highways, which streets or highways have an angle of intersection, measured within the lot or parcel of land, of not more than one hundred thirty-five degrees Lot Depth "Lot depth" means the horizontal distance between the front and rear lot lines, measured in the mean direction of the side lot lines. Lot Frontage For a definition of "lot frontage," see "frontage". Lot, Interior "Interior lot" means a lot other than a corner lot or reversed corner lot. Lot, Key "Key lot" means the first interior lot to the rear of a reversed corner lot and not separated by an alley. Lot Line "Lot line" means the property line bounding the lot. Lot Line, Front "Front lot line" means a line separating an interior lot from a street or highway, or a line separating the narrower street frontage of a corner lot from the street or highway. In the case of a corner lot with equal frontages on intersecting streets, the front lot line shall be the continuation of the street line with the greatest number of lot frontages in the block. Lot Line, Rear "Rear Lot Line" Means a lot line which is opposite and most distant from the front lot line and, in the case of an irregular, triangular, or gore -shaped lot, a line ten feet in length within the lot, parallel to and at the maximum distance from the front lot line. Lot Line, Side "Side lot line" means any lot boundary line not a front lot line or a rear lot line. Lot, Reversed Corner "Reversed corner lot" means a corner lot, the side street line of which is substantially a continuation of the front lot line of the first lot to its rear. Lot, Through "Through lot" means a lot having frontage on two parallel or approximately parallel streets. Lot Width "Lot width" means the horizontal distance between the side lot lines measured at right angles to the lot depth at a point midway between the front and rear lot lines_ Maintenance and service facilities A facility supporting maintenance, repair, vehicular or equipment servicing, material storage, and similar activities, including corporation yards, equipment service centers and similar uses having characteristics of commercial services or contracting or industrial activities. Ordinance No. 2011-2362 187 Amending Title 18 — Land Use Code Major Highway For definition, see "Freeway"_ Maps For definitions relatingmaps, see "final map", to "parcel map" "Subdivision Map Act", "tentative map', and "zoning map" in the Glossary.. Mass 'Mass". Three dimensional form; the visual impact of a building's height, depth, and length. Massage and Massage Parlor 1 _ Ma -rage See Section 10-79. 2. Massage Parlor. See Sections 18.30.030. Marquee "Marque" means a fixed shelter used only as a roof and extended over a building line, and which is entirely supported by the building to which it is attached. Compare "awning" and "canopy" in the Glossary. Medical Office / Medical Clinic A faciii y- pr )ividing medical, psychiatric, or surgical services for sick or injured persons exclusively on an out-porir--rot basis, including emergency treatment, diagnostic services, training, administration and services to out -patients, employees or visitors. Medium Manufacturing/Processing Includes uses that have moderately objectionable environmental influences by reason of the emission of odor, cleat, smoke, noise, or vibration. Such uses include the manufacture of food products, drugs, pharmaceuticals and the like; wineries, distilleries, and large breweries; lumber yards and wood products; leather products; plastics; paper products and packaging material; floor coverings; stone, day, glass, and concrete activities and products; manufacturing of textile products; metal fabrication and welding; vehicle manufacture, railroad equipment; and any other uses found by the City to be of the same general character of those listed here. Merchandise "Merchandise" means any tangible object of nominal or value greater than one cent including, but not limited to, all manufactured products, food, goods and flowers, but excluding "newspapers". Microbrevvery A pub or restaurant that also produces and sells beer on the premises. Generally, a microbrewery produces fewer than 10,000 barrels of beer and ale a year. Military installations Military facilities of the federal and state governments. Mini -warehouse / self -storage "Mini -warehouse" (also know as self storage facilities) means a building used for private rental of space for temporary storage of household goods and materials other than storage by commercial "household goods storage" businesses and except "warehouses." Mixed Use The term "mixed use" shall be defined as a combination of commercial and residential uses or structures, designed and built on a single lot or parcel, or as components of a single development. Mobile Horne A "mobile home" is defined by Section 798.3 of the California Civil Code. Ordinance No. 2011-2362 188 Amending Title 18 — Land Use Code Mobile Home Park "Mobile home park" means an area of land where two or more mobile home sites are rented or leased, or offered for rent or lease, to accommodate mobile homes used for human habitation. Mobile Horne Site "Mobile home site" means that portion of a mobile home park set aside and designated for the occupancy of a mobile home and including the area set aside or used for parking or structures, including awnings, cabanas or ramadas which are accessory to the mobile home. Model Home "Model home" means a dwelling or residential building having all of the following characteristics: 1. Said dwelling is constructed upon a proposed lot previously designated as a model home site by the planning commission in a subdivision for which the commission has approved or conditionally approved a tentative map but for which a final map has not yet been recorded; 2. The proposed lot upon which the model home is constructed is recognized as a legal building site for the duration of the model home permit; 3. No certificate of occupancy for such dwelling has been issued by the director of building and housing; 4. Where applicable, temporary access to such dwelling is permitted over future streets previously restricted to public access; and, 5. Said dwelling is intended to be temporarily utilized as an example of the dwellings which have been built or which are proposed to be built in the same subdivision. Motel Any building or group of buildings containing guest rooms for overnight visitor accommodations and not more than 30 days. No room rentals shall be provided on an hourly basis. The motel may include facilities available to the general public, such as dining facilities, provided these are an integral part of the motel operations. Motor Vehicle "Motor vehicle" means a self-propelled device used or intended to be used for the transportation of freight or passengers upon a street or highway, excepting a device moved by human power or a device used exclusively upon stationary rails or tracks. See also "recreational vehicles" and automobile -related definitions, plus "accessory vehicle", "commercial vehicle" and "vehicle". Multi -Unit Residential "Multi -Unit Residential" is a residential structure containing three (3) or more residential dwelling units. Neighborhood Corner Store A small convenience store not more than 3,000 square feet established in a residential zone pursuant to Chapter 3 Section 18.30.260. Neighborhood Garden "Neighborhood garden" is an area of land, one acre or less, managed and maintained by an individual or group of individuals to grow and harvest food and horticultural products for personal or group consumption, for sale or donation. A neighborhood garden may be divided into separate garden plots for cultivation by one or more individuals or may be farmed collectively by members of the group. Neighborhood garden group members may or may not reside on the subject property_ Sale and donation of food and horticultural products grown in the neighborhood garden may occur on -site. A neighborhood garden may be a principal or accessory use. Net Area For this definition, see "Area, Net". Nonconforming Structure "Nonconforming structure" means a structure which was lawfully erected prior to the adoption of the ordinance codified in this title but which, under the provisions of this title, does not conform to the Ordinance No. 2011-2362 189 Amending Title 18 — Land Use Code standards of coverage, yards, height of structures, or distances between structures prescribed in the regulations for the zone in which the structure is located. Nonconforming Use "Ncrwrinforming use" means a use of a structure or land, which was lawfully established and maintained prior to the adoption of the ordinance codified in this title, but which, under the provisions of this title, does not conform with the use regulations for the zone in which it is located. Nursing Home "Nursing home" means the same as "long-term health facility". Office An establishment providing direct, "over-the-counter" services to consumers and office -type facilities occupied by businesses providing professional services and/or engaged in the production of intellectual property This includes, but is not limited to such uses as accounting, auditing, and bookkeeping services, advertising agencies, travel reservation centers, architectural, engineering, planning, and surveying services, real estate and related services, legal services, art and design services, computer software and hardware design, counseling services, data processing services, detective agencies, insurance companies, telemarketing, management and public relation services, photography studios, writer and artist offices, postal facilities, administrative and clerical services, or public contact offices of a government agency, and banks and financial institutions. Open Space, Common Usable "Common open space" means open space substantially free of structures but containing improvements which are part of a general development plan and are appropriate for the active or passive recreation of residents of a planned residential development. The common usable open space shall be designed and screened appropriately for its intended use and shall have a minimum dimension of ten feet. The common open space shall be located within the total development site and shall be used for active or passive recreational purposes by occupants of the development, or dedicated to the city for public park. "Common open space" shall not include public or private streets, driveways, private yards or patios, parking or loading spaces, or utility easements where the ground surface cannot be used appropriately for active or passive recreation, nor other areas primarily designed for other operational functions. Open Space, Private Usable "Private usable open space" shall be improved for recreational use by the residents of the unit to which it is credited. It shall be located adjacent to and accessible from the unit that it serves, and shall have a minimum dimension of five feet. At ground level it shall be screened by the use of five and one half foot tall dense landscaping or a wall/fence. If the space is four feet or higher above grade or at ground level but located such that the space faces a beneficial outward and open orientation the space shall be screened with three and one half foot tall dense landscaping or a wall/fence. Open Space, Usable Roof Area "Usable roof area open space" means that part of a roof which is usable by all residents of the building, is accessible to all residents by a passageway from the buildings, is enclosed by parapet or ground rails adequate for the safety of the occupants, has no dimension less than twenty feet, and is developed for active or passive recreational use. Outdoor Advertising Display "Outdoor advertising display" means any card, paper, cloth, metal, glass, wooden or other display or device of any kind placed for outdoor advertising purposes on the ground or on any tree, wall, rock, structure, or other object. Outdoor Advertising Structure For definitions relating to outdoor advertising structures, see sign -related definitions. Ordinance No. 2011-2362 190 Amending Title 18 — Land Use Code Outdoor Storage "Outdoor storage" means storage of goods and materials outside of any building or structure, but not including storage of a temporary or emergency nature. Overlay Zoning / Overlay Zone "Overlay zoning is a regulatory tool that creates a special zoning district, placed over an existing base zone(s), which identifies special provisions in addition to those in the underlying base zone. The overlay district can share common boundaries with the base zone or cut across base zone boundaries. Regulations or incentives are attached to the overlay district to protect a specific resource or guide development within a special area." Pad, Building "Building pad" means the area occupied by a building or buildings on a building site, including the open area contiguous to and surrounding such buildings and having a slope not greater than ten percent. Building pads shall be exclusive of required front yards. Parapet "Parapet". The part of a wall which rises above the edge of a roof. Parcel For a definition of "parcel," see "lot". Parcel Map "Parcel map" means a map showing the division of land, as described in the California Subdivision Map Act, and prepared in accordance with the provisions of this title and the Subdivision Map Act. Pergola "Pergola". An open framework over a walkway or path, which is usually designed to be covered in climbing plants; a walk framed by columns or posts and covered by cross members. Park (active recreation) "Park (active recreation)" means a piece of land that is not part of a residential development, which is developed with such uses as sports fields, court games, skate parks, swimming pools, and other recreational uses that have the potential to generate a lot of noise. Park (passive recreation) "Park (passive recreation)" means a piece of land that is not part of a residential development, which is generally kept in a natural state and contains sitting areas, picnic areas, trails, and other recreational activities that do not generate a significant amount of noise. Parking Facility "Parking facility" means an area other than a street or other public way, either open or enclosed within a structure or portion thereof, designed or used for the parking of motor vehicles. Parking Facility, Accessory "Accessory parking facility" means a parking facility which is accessory to a structure or use on the same lot or another lot, and may include both required or permitted parking stalls. Parking Garage, Private, or Carport, Private "Private parking garage" or "private carport" means a detached accessory building or portion of a main building assigned for the parking or temporary storage of automobiles of the occupants of the premises. Parking Garage, Public "Public parking garage" means a structure or portion thereof designed or used for the parking of motor vehicles and some or all of whose parking stalls are nonaccessory. Commercial or public parking garages Ordinance No. 2011-2362 191 Amending Title 18 - Land Use Code may include accessory off-street parking stalls limited to such stalls which are accessory to other structures or uses on the same lot. Parking Lot "Parking lot" means an open area, other than a street, used or designated to be used for temporary storage of vehicles, and which is available for either public or private use, whether free, for compensation, as an accommodation for clients or customers, or for private use. Parking Lift, Mechanical A "mechanical parking lift" is an automated parking lift contained entirely within a parking lift rack structure for parking 2 or more vehicles. The parking lift rack structure is two or more tiers high and is erected indoors or outdoors. Parking spaces for a mechanical parking lift are considered tandem spaces. Parking Space or Stall "Parking space" or parking stall" means a permanently surfaced space within a parking facility, exclusive of driveway, aisles, maneuvering or landscaped areas, ramps, columns, office and work areas, for the parking of one motor vehicle. Parkway "Parkway" means the space located between the street curb and the property line. The parkway may include a sidewalk and a landscape strip, a sidewalk, or a sidewalk with a cut-off for a street tree. Patio Structure "Patio structure" means an attached roofed structure open on one or more sides, whose principal use shall be for indoor -outdoor living and recreation. Pawn Shop A "pawn shop" is a business that offers secured loans to people, with items of personal property used as collateral. Payday Lender A payday lender is an establishment that provides monetary loans to borrowers that must be paid in full, usually at a high interest rate, when the borrowers receive their next pay check. Pedestrian Way "Pedestrian way" means a right-of-way for pedestrians, free from vehicular traffic and including access ramps, stairs, and mechanical lifts and routes through buildings which are available for public use. Performance Standards For provisions regarding "performance standards", see Section 18-4, Title 7, and Title 12 and specific definitions dispersed throughout this chapter. Petroleum Bulk Plant "Petroleum bulk plant" means any premises used for the wholesale distribution and storage of gasoline, oil or petroleum products, but not including the storage of liquid petroleum gas, a tank farm, or connection to a pipeline constituting, in effect, a petroleum terminal. Pet Grooming "Pet Grooming" is a personal service establishment that, for a fee, trims, cleans or curries domestic pets such as dogs and cats and which may sell pet supplies. This term shall not include establishments which board pets or provide pet day care. Pet Shop "Pet shop" means any store, department of any store, or place of business where dogs, cats, monkeys, birds, reptiles, or any other animals are kept for sale, for hire, or are sold. Ordinance No. 2011-2362 192 Amending Title 18 — Land Use Code Philanthropic Institution "Philanthropic institution" means a nonprofit, charitable institution devoted to the housing, training or care of children, or of aged, indigent, handicapped or underprivileged persons, but not including the following: office buildings, except as an accessory to and located on the same lot with an institutional activity, as listed above; hospitals, clinics or sanitariums, correctional institutions; institutions or homes for the insane or those of unsound mind; lodging houses or dormitories providing temporary quarters for transient unemployed persons; organizations devoted to collecting and salvaging new or used materials; or organizations devoted principally to distributing food, clothing or supplies on a charitable basis. Planning Commission_ For this definition, see Chapter 2.28. Planning Division The "Planning Division" is a unit of City government responsible for reviewing land development proposals, ensuring compliance with the City's General Plan, Land Use Code, Local Coastal Program Land Use Plan (PDF), Local Coastal Program Implementation (PDF), State Subdivision Map Act, California Environmental Quality Act (CEQA), and other applicable local and state regulations. The Planning Division also provides staff support to the Planning Commission, and recommends and implements changes to the land use section of the Land Use Code. Postal facilities Postal services, including post offices, bulk mail processing or sorting centers, operated by the United States Postal Service. Principal Permitted Use "Principal permitted use" means a use which does not require the issuance of a conditional use permit, but which may be subject to site plan and architectural approval, planned unit development approval, or planned development approval. Where more than one use, as identified in Appendix D, is located within a single place, the principal use is that activity to which the greatest amount of floor and/or ground space is devoted_ All other activities are "accessory uses." An accessory use that is clearly subordinate and incidental to a permitted use is a component of that permitted use. Private Road Easement "Private road easement" means a parcel of land not dedicated as a public street but intersecting or connecting with a public street, or another private street, for which a private easement for road purposes has been proposed or granted to the owners of property contiguous or adjacent thereto, and for which an instrument creating the easement has been duly recorded and filed with the county recorder. Projection, Architectural "Architectural projection" means anything attached to and extended outside the outer face of the exterior wall of a structure and not intended for shelter or occupancy. Property Line 'Property line" means a line separating parcels of real property having separate legal descriptions, but not including a building line. Public Assembly "Public Assembly" means an institution, such as a church or lodge, that people regularly attend to participate in or hold religious services, public meetings, or other similar activities. This term does not carry a secular connotation and includes the buildings or other locations in which the religious services of any denomination are held.. Public Safety Facilities Facilities for conduct of public safety and emergency services, including police and fire protection services and emergency medical and ambulance services. Ordinance No. 2011-2362 193 Amending Title 18 — Land Use Code Public Utility Service Center "Ptxbiic : 'iiit} service center" means any building or premises used for the administration of public utility re; ,ai itenance and installation crews, including parking for vehicles not to exceed one and one -half - ton rated capacity, but riot including warehouses or storage yards. Public Utility Service Yard "Public utility service yard" means any building or premises used for the office, warehouse, storage yard, or maintenance garage of a public utility, including microwave repeater stations when incorporated as a part of the service yard use. See also "communication equipment building" and "telephone repeater station". Public Nay "Pul ii; v<,y'" means any street, alley, pedestrian way, channel, viaduct, subway, tunnel, bridge, easement, right-of-way, or other way in which a public agency has a right of use. See also "Street or Public Street" and "Freeway". Quarry "Quarry" means any place on a lot or parcel of land where dirt, soil, sand, gravel, rock, clay, decomposed granite cr other similar material is removed by excavation or otherwise. "Quarry" includes mining operatit,es for the removal of ores, precious stories, or other solid minerals, but shall not include excavatooi: and removal of materials from a lot or parcel of land preparatory to construction of a building for which a building permit has been issued and remains in full force and effect, provided that such excavation is confined to that necessary for such building construction, but in no event shall more than five thousand cubic yards of soil or other excavated materials be removed from the premises; or excavatiorn, cm a lot, parcel of land or subdivision, necessary to grading, building construction or operation on the prerrnises, where a building permit is not in full force and effect, provided that such grading is necessary to prepare a site for a lawful use permitted thereon, but in no event shall more than five hundred cubic yards of soil or other excavated materials be removed from such premises. Railroad facilities Railroad yards, equipment servicing facilities and terminal facilities. Real Estate Sales Office "Real estate sales office" means a sales office established and maintained in one model home as approved by the planning commission, or in a single-family dwelling on a recorded lot previously designated as a model home site by the planning commission and serving temporarily as an example of houses in the same subdivision, and subject to the provisions of this title. Rear Lot Line For this definition, see "Lot Line, Rear'. Rear Yard For this definition, see "Yard, Rear'. Recreational Vehicles 1- Recreational vehicles include the following: a. Boats and boat trailers, including boats, floats, and rafts, plus the normal equipment to transport the same on a highway; b. Campers, which are structures designed primarily to be mounted upon a motor vehicle and with sufficient facilities to render same suitable for use as a temporary dwelling for camping travel, recreational and vacation purposes; c. Full tent trailers, which are canvas folding structures mounted on wheels and designed for travel and vacation use; d. Motorized homes, which are portable dwellings designed and constructed as an integral part of a self-propelled vehicle; Ordinance No. 2011-2362 194 Amending Title 18 — Land Use Code e. Travel trailers, which are vehicular portable structures built on a chassis and designed to he used as temporary dwellings for travel, recreational and vacation uses permanently identified as a travel trailer by the manufacturer. 2. See also "mobile home" and "motor vehicle". Recreation, Commercial "Commercial recreation" means recreation facilities operated as a business and open to the general public for a fee. Recreation, Private, Noncommercial "Noncommercial private recreation" means clubs or recreation facilities operated by a nonprofit organization and open only to bona fide members of such nonprofit organization. Recreation, Public "Public recreation" means publicly owned or operated recreation facilities. Recreation Room or Building "Recreation room or building" means a room, contained in either a main building or an accessory building, designed to be utilized primarily for games, the pursuit of hobbies, social gatherings, and such activities. Such a room may contain such plumbing fixtures as are utilized in a bar or for hobby activities. Such a room in a single-family or two-family dwelling, or in an accessory building appurtenant to a single-family or two-family dwelling, may not include facilities for the cooking and preparation of food. However, in a multiple residential use or in an accessory building appurtenant thereto, a recreation room which is for the common use of all the dwelling units therein may contain facilities for the cooking and preparation of food. Rectory "A rectory is the residence of one or more leaders of a religious institution of any denomination and may also function as the administrative offices of the religious institution. A rectory is also known as a presbytery, parsonage, or manse. Recyclables or Recyclable Materials "Recyclables" or "recyclable materials" means plastic bottles, plastic containers, glass bottles, glass jars, newspapers, aluminum and/or metal cans, and any other material designated by the city as a recyclable material in Chapter 9.52. Renewable energy infrastructure Renewable energy infrastructure is equipment used to generate electricity or heat from renewable or low - carbon sources. Renewable energy infrastructure includes, but may not be limited to, solar power, wind power, electric vehicle charging stations, and similar facilities and devices. Repair Garage For this definition, see "Garage, Repair". Research and Development "Research and development" means a laboratory facility that is primarily used for scientific research. This use can include the design, development, and testing of biological, chemical, electrical, magnetic, mechanical, and/or optical components in advance of product manufacturing. This use does not involve the fabrication, mass manufacture, or processing of the products. Residential Building "Residential building" means a building or portion thereof designed or used for human habitation. Residential Care Home "Residential care home" means a state authorized, certified, or licensed home serving six or fewer mentally disordered or otherwise handicapped persons or dependent or neglected children, and providing care on a twenty -four -hour -a -day basis, as defined in Section 5116, California Welfare and Institutions Code. Ordinance No. 2011-2362 195 Amending Title 18 — Land Use Code Residential Density "Residential density" means the average number of families living on one acre of land in a given area. Net residential density is determined by dividing the total number of families in a defined area by the total acr.:a,:.icr of all parcels of land within the area that are used for residential and accessory purposes. Gross residential density is obtained by dividing all land in a defined area used for residences, streets, local schools, local parks, and local shopping facilities into the total number of families in said area. Rest Home "Rest home" means the same as "long-term health facility". Restoration is initiated "Restoration is initiated" means that, at a minimum, a Building Permit application has been issued: Retail Sales or Retail Store "Retail sales" or "retail store" means the sale of goods, merchandise or commodities for consumption or use by the purchaser. Right -of -Way "Right-of-way" means an area of land reserved for public or private easements. Roadway "Roadway" means that portion of a right-of-way for a street, highway or alley designed or used for accommodating the movement of vehicles_ Rooming or Boarding House A private residence which is rented out to more than two paying guests. Rubbish "Rubbish" means refuse and waste material, whether combustible or noncombustible, not included within the definition of garbage as herein defined, including but riot limited to paper, rags, leaves, glass, cans, ashes, tree and vine trimmings. It shall not include plaster, rock sand, dirt, automobile frames or fenders, or waste material pertaining to building operations, construction or repair. It shall not mean discarded water heaters or furniture. Salvage Yard For this definition, see "Yard, Salvage". Satellite Television Antenna "Satellite television antenna" means a device or instrument designed or used for the reception of television or other electronic communications signals broadcast or relayed from an earth satellite_ It may be a solid, open -mesh or bar -configured structure, typically eight feet in diameter, in the shape of a shallow dish or parabola. Scale "Scale". The measurement of the relationship of one object to another object. The scale of a building or the scale of a building's components can be described in terms of its relationship to a human being. A building's scale can range from intimate or pedestrian -scale to monumental. Intimate or pedestrian -scale refers to the portions of a building that are around 8 to 10 feet in height above the ground plane. A monumental scale is used to present a feeling of grandeur. Building types which commonly use a monurnental scale usually include banks, churches, and civic buildings. Soffit "Soffit". The finished underside of an eave. Ordinance No. 2011-2362 196 Amending Title 18 — Land Use Code School, Elementary and High "Elementary school" and "high school" mean institutions of learning which offer instruction in the several branches of learning and study required to be taught to the public schools by the Education Code of the state. "High school" includes junior and senior high schools. School, Trade, Vocational, Business or Professional "Trade school," "vocational school," "business school" or professional school" means an institution of learning which offers specialized instruction as preparation for entrance into, or as supplementary training in, a specific field or endeavor. Such institutions include, but are not limited to, secretarial schools, barber schools, modeling schools, language schools, electronics schools, dancing schools, and art schools_ Scrap Metal Processing "Scrap metal processing" means the recovery of metals from salvage for consumption by primary metals industries, using cutting, shredding, and melting processes. "Scrap metal processing" includes the preparation of such salvaged metals for reshipment. "Scrap metal processing" does not include wrecking yards, junkyards, or any similar use where metals are stored or sold as secondhand or used materials. Nonmetallic salvage or processing not dearly incidental to the principal use shall not be allowed. Screening "Screening" means solid walls, solid fences, or dense living hedges for the purpose of concealing from view the area behind such structure or hedge. See also "fence" and "landscaping". Second Unit "Second unit" is a small, self-contained residential unit built on the same lot as an existing primary residence or built in conjunction with a primary residence. It provides complete independent living facilities for one or more persons. Second units are also referred to as "accessory dwelling units", "in-law apartments", "granny flats", "ancillary apartments" or "carriage houses". Second units may be attached to or detached from the primary residence. Refer to Chapter 2 Section 18.21.050 for second unit regulations. Senior Citizens' Housing For this definition, see "Senior Housing". Senior Housing "Housing for the elderly" or "senior housing", also called "elderly housing and senior citizen housing" means a project specially designed for elderly persons and providing living unit accommodations. Senior housing may also include spaces for common use by the occupants in social and recreational activities and, when needed, incidental facilities and space for the project residents. Setback "Setback" means a horizontal distance determining the location of a building with respect to a street, zone boundary line, or another use. Where the term "setback" is used in conjunction with a modifying word or words, such as "parking area," the setback shall, in its application, include but not be limited to building. Shared Parking Parking spaces shared by more than one user or land use. Shopping Center "Shopping center" means a group of commercial establishments planned and developed, owned or managed as a unit, with off-street parking and loading provided on the property, and related in its location, size, and type of shops to the trade area which the unit serves. Sidewalk "Sidewalk" means that portion of a thoroughfare, other than a roadway, set apart by curbs, barriers, markings or other delineations for pedestrian travel. Ordinance No. 2011-2362 197 Amending Title 18 — Land Use Code Sidewalk Cafe The outdoor seating portion of an eating or drinking establishment such as a restaurant, coffeehouse, or cafe. Sidewalk cafes must conform to the regulations set forth in Chapter 3 Section 18.30.200. Side Yard For this definition, see "Yard, Side". Sight Visibility Triangle Refer to "Traffic Visibility Triangle". Site, Building For this definition, see "Building Site". Skilled Nursing Facility "Skilled Nursing Facility" means an institution, or part of an institution, that provides licensed, skilled nursing care and related services for patients who require 24-hour medical, nursing or rehabilitative services. Sloping Terrain "Sloping terrain" means any ground surface having a rate of incline or decline of greater than a ten - percent gradient. Solar Array A "solar array" is an electrical device consisting of a large array of connected solar cells Solar collector A "solar collector" is any of several devices that absorb and accumulate solar radiation for use as a source of energy. Solar Energy System (1) Any solar collector or other solar energy device, certified pursuant to State law, along with its ancillary equipment, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating. (2) Any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating. Specific Plan "Specific plan" means a definite statement, adopted by ordinance, of policies, standards, and regulations, together with a map or description defining the location where such policies, standards, and regulations are applicable. Stall, Parking For a definition of "parking stall". Storage, Outdoor For a definition of "outdoor storage". Story For a definition of "story," see the Uniform Building Code_ Street or Public Street "Street" or "public street" means any public thoroughfare other than an alley or walk. Where a subdivision has been recorded containing lots which abut only on an alley or walk, the alley or walk may be considered to be a street. Ordinance No. 2011-2362 198 Amending Title 18 — Land Use Code Street, Collector "Collector street" means a street (including the principal access streets of a subdivision) which carries traffic from local streets, either directly or by way of other existing or proposed collector streets, to a major or secondary highway Street Line "Street line" means the boundary line between a street and the abutting property. Street, Local "Local street" means any street, other than a collector street, major or secondary highway or freeway, providing access to abutting property and serving local, as distinguished from through, traffic. Street or Alley, Future "Future street or alley" means any real property which the owner thereof has offered for dedication to the city for street or alley purposes but which has been rejected by the city council subject to the right of the council to rescind its action and accept by resolution at any later date and without further action by the owner all or part of said property as a public street or alley. Street, Private "Private street" means a private road easement that the director determines to be adequate for access and which conforms to such dimensional and improvement standards as are adopted by the commission. Street, Side "Side street" means a street which is adjacent to a corner lot and which extends in the general direction of the line determining the depth of the lot. Structural Alteration "Structural alteration" means any change in the supporting members of a building, such as foundations, bearing walls, columns, beams, floor or roof joists, girders, or rafters, or changes in roof or exterior lines. Structure "Structure" means anything constructed or erected which is supported directly or indirectly on the earth, but not including any vehicle which conforms to the California State Vehicle Act. "Structure" includes any building or accessory building which can be used for the housing, shelter, or enclosure of persons, animals, chattels, or property of any kind, plus fences, walls, billboards, platforms, towers, panels and signs. Structure, Accessory For this definition, see "Accessory Structure". Subdivision Map Act "Subdivision Map Act" means the Subdivision Map Act of the state. Studio or Efficiency Unit "A studio or efficiency unit" means a dwelling that combines kitchen, living, and sleeping rooms into one room. Substantial conformance "A determination in which a revision to a development that was approved through a permit or tentative map complies with the objectives, standards, guidelines, and conditions, for that permit or tentative map." Supportive housing Supportive housing is defined in Section 50675.14 of the Health & Safety Code and has no limit on the length of stay, is linked to onsite or offsite services, and is occupied by a target population as defined in Health & Safety Code Section 53260 (i.e., low income persons with mental disabilities, AIDS, substance abuse or chronic health conditions or persons whose disabilities originated before the person turned 18). Ordinance No. 2011-2362 199 Amending Title 18 — Land Use Code Services typically include assistance designed to meet the needs of the target population in retaining housing, living and working in the community, and/or improving health and may include case management, mental health treatment, and life skills. Tattoo The terms "tattoo refers to any method of placing designs, letters, scrolls, figures, symbols or any other marks upon or under the skin of a human with ink or any other substance, resulting in the coloration of the skin by the aid of needles or any other instrument designed to touch or puncture the skin. Tattoo and Body Piercing Establishment A "tattoo and body piercing establishment" is an establishment that provides a service for tattoos and body piercing as defined in this Section. See "tattoo" and "body piercing". Telecommunications Facility/ Wireless Telecommunications Facility A facility consisting of any commercial antenna, monopole, microwave dish, and/or other related equipment necessary for the transmission and/or reception of cellular, personal communication service, andior data radio communications. Tandem Parking "Tandem parking" is where vehicles park nose -to -end or are stacked vertically. Tandem parking shall only be permitted in the Westside and Downtown Specific Plan areas. See definition for "parking lift, mechanical". Telephone Repeater Station "Telephone repeater station" means a building used for housing amplifying equipment along aerial or underground telephone cable routes. See also "public utility service center" and "public utility service yard". Temporary Use For this definition, see "Use, Temporary". Tentative Map "Tentative map" means a map made for the purpose of showing the design of a proposed subdivision and the existing conditions in and around it, and need not be based upon an accurate or detailed final survey of the property. Tentative Map, Revised "Revised tentative map" means a map involving a revised arrangement of the streets, alleys, easements or lots within property for which a tentative map has been previously approved, or a modification of the boundary of the property. Termination, Land Use Activity "Termination" or "cessation" of a land use activity occurs when premises are, from outward appearance, vacated, abandoned, inoperative or disused for a consecutive period of thirty days or more, or when electric service has been discontinued by the occupant or the premises are barricaded, padlocked or otherwise closed to all entry; or when the holder of city permits or licenses advises city agencies that a use has terminated or ceased. Texture "Texture". Variations in the exterior facade described in terms of the roughness of the surface material and the patterns inherent in the material or the patterns in which the material is placed. Threshold Concentration or Threshold Limit Value For definitions, see "odor threshold concentration" and "odor threshold limit value" . Ordinance No. 2011-2362 200 Amending Title 18 — Land Use Code Tideland "Tideland(s)" means that area designated by the state legislature to be the jurisdiction of the San Diego Unified Port District. Tobacco specialty shop "Tobacco specialty shop" means any business, the primary use of which is the sale of tobacco products or tobacco related paraphernalia. A business shall be determined a tobacco specialty shop when more than forty percent of its retail floor area is devoted to the display and sales of tobacco products and/or paraphernalia. Townhouses or Townhomes 'Townhouses" means attached buildings, each containing a single dwelling unit and each located or capable of being located on a separate lot. Trailer For definitions relating to trailers, see "recreational vehicles". Trailer, Utility "Utility trailer" means a vehicle designed to be drawn by a motor vehicle for the purpose of transporting cargo, but not including any recreational vehicle or mobile home. The vehicle shall not exceed two thousand pounds in weight. Compare "mobile home" and "recreational vehicles". Traffic Visibility Triangle "Traffic visibility triangle" is a triangular area that defines a zone necessary for the clear view by the driver of a motor vehicle or a bicyclist of oncoming cross -street motor vehicle, bicycle or pedestrian traffic or of a traffic control device, and includes street intersection visibility triangles, alley intersection visibility triangles, and public access driveway visibility triangles for all land uses. A visibility triangle is the area encompassed by the triangle formed by projecting lines of a specified distance from the point of intersection of the front and side street edges of pavement and a straight line connecting the termini of said projected lines. Within the area comprising the triangle, no tree, fence, shrub, or other physical obstruction higher than three feet above the official grade lot line grade shall be permitted. Transient 'Transient" means any person who exercises temporary occupancy by reason of concession, permit, right of access or license under the provision of Civil Code Section 1940(b). Transitional housing "Transitional housing" is defined in Section 50675.2 of the Health & Safety Code as rental housing for stays of at least six months but where the units are re -circulated to another program recipient after a set period. Transitional housing may be designated for a homeless individual or family transitioning to permanent housing. This housing can take several forms, including group housing or multifamily units, and may include supportive services to allow individuals to gain necessary life skills in support of independent living. Trash Enclosure A "trash enclosure" is a wall surrounding a trash bin or bins and accessible by a gate of sufficient width to allow the bin to be removed and which is constructed in a manner and of materials that blend architecturally and aesthetically with the main structure. A trash enclosure shall not be considered in the calculations for lot coverage. See also Title 7_ Travel Trailer For this definition, see "Recreational Vehicles". Trucking and Transportation Terminal A "trucking and transportation terminal" is an establishment which provides the movement of goods/products from one location to another, where trucks/tractors are dispatched from a central location Ordinance No. 2011-2362 201 Amending Title 18 — Land Use Code to haul goods/products from one location to another or to many other locations. A transportation facility may also include parking, refueling, and accessory uses including but not limited to an office, convenience goods and services, maintenance, and repair of vehicles. Urban Agriculture "Urban agriculture" is the cultivation, processing, and distribution of edible vegetables, flowers, herbs, fruits, and other plants. Usable Open Space The required portion of a lot at ground level, unoccupied by principal or accessory buildings, or mechanical equipment, and available to all occupants of the building, except as otherwise provided. Usable open space shall not be devoted to service driveways, off-street parking spaces, or loading be the Such space shall be usable for landscaping and hardscape (such as plazas and sidewalks), active and passive recreational space, and other leisure activities normally occurring outdoors. Enclosed space devoted exclusively to recreational use as indicated in the definition of "Floor area" such as an exercise room may be counted as a portion of the usable open space. Usable Open Space "Usable open space" is the required portion of a lot at ground level, unoccupied by principal or accessory buildings, or mechanical equipment, and available to all occupants of the building, except as otherwise provided for herein. This usable open space shall be unobstructed to the sky and shall not be devoted to service driveways, off-street parking spaces, or loading berths. Such space shall be usable for landscaping and hardscape (excluding parking), active and passive recreational space, and other leisure activities normally occurring outdoors. Enclosed space devoted exclusively to recreational use as indicated in the definition of "Floor area" such as an exercise room may be counted as a portion of the usable open space. Use "Use" means the purpose for which land or structures are arranged, designed or intended, or for which either land or structures are, or may be, occupied or maintained. "Use" includes construction, establishment, maintenance, alteration, moving onto, enlargement, operation or occupancy. Use, Accessory For this definition, see Accessory Use". Use, Conditional For this definition, see "Conditional Use". For provisions regarding conditional use permits, see Chapter 18-2. Use, Principal "Principal use" means the main or primary purpose for which a structure or lot is designed, arranged or intended, or for which either may be used, occupied or maintained under this title. Use, Temporary "Temporary use" means a use of land or structures not intended to be of permanent duration and regulated by Chapter 15.60. Utility Building "Utility building" means a separate building on the same lot with the main building or a portion of an accessory building designed or intended for use as a washhouse, laundry room, or any similar purpose. Plumbing facilities are permitted but the building shall not be designed nor equipped for cooking or preparation of food. Utility Facilities, Major Generating plants, electrical switching facilities and primary substations, refuse collection or disposal facilities, water and wastewater treatment plants and similar facilities. Ordinance No. 2011-2362 202 Amending Title 18 — Land Use Code Utility Facilities, Minor Facilities which are necessary to support principal development and involve only minor structures such as lines and poles which are necessary to support principal development. Utility Trailer For this definition, see "Trailer, Utility". Variance For a definition of "variance" and provisions regarding variances, see Chapter 18.10. Vehicle "Vehicle" means a device or craft that is designed or used to transport people or cargo. Vehicles include automobiles, trucks, boats and other watercraft, campers, motor homes and other recreational vehicles, trailers, and motorcycles. A semi -trailer truck and farrn equipment shall not be included in the definition of a vehicle for the purpose of this Land Use Code. Vehicle, Accessory "Accessory vehicle" means any motor vehicle used in connection with the operation of any structure or use. Vehicle, Commercial "Commercial vehicle" means a vehicle which when operated upon a highway is required to be registered as a commercial vehicle by the California Vehicle Code, and which is used or maintained for the transportation of persons for hire, compensation, or profit, or designed, used or maintained primarily for the transportation of property. Vehicle, Recreational For definitions relating to recreational vehicles, see "Recreational Vehicles" Vehicle queuing "Vehicle queuing" is the length of a drive aisle necessary to allow for the movement of vehicles within a parking lot to a drive -up window service or other drive -through services without impeding the flow of traffic on -site and off -site. Vehicle Storage Yard, Commercial "Commercial vehicle storage yard" means the storage, for compensation or consideration, of more than one motor vehicle, recreational vehicle, or unoccupied mobile home on a parcel of land for a period of time exceeding seventy-two hours. A commercial vehicle storage yard shall comply with the provisions of Chapter 18.40.040 (Automobile Impound and Storage Yards) and Chapter 18.40.070 (Outdoor Storage). Premises used for the sale, lease, or rental of motor vehicles, recreational vehicles, or mobile homes shall not be governed by this section. Vehicular Access Rights "Vehicular access rights" means the right or easement for access of owners or occupants of abutting lands to a public way other than as pedestrians. Vending machine A "vending machine" is a device which dispenses a product or service, either for sale or for free, and which is activated entirely by the receiver of the product or service, including ice machines; food and beverage vending machines; purified, distilled or spring water vending machines; movie vending machines; and, newspaper racks or similar. Vending machines do not include motor fuel pumps. Veterinary Clinic "Veterinary clinic" means a treatment center serving only those kinds of small domesticated animals or household pets commonly maintained in residence with man. Ordinance No. 2011-2362 203 Amending Title 18 — Land Use Code Veterinary Hospital "Ve,,minary hospital" means an establishment where more than six domestic animals are kept for observation, diagnosis, and medical care. Walk "Walk" means any right-of-way for pedestrians, including sidewalks and inner -block walks. Walkway Any path or way, which is some manner, is specifically designated exclusively for pedestrian travel. Warehouse A 'warehouse" is a building used for storage of goods or materials other than stock in trade of businesses on the premises or for goods stored in conjunction with permitted distribution type businesses operated on the premises or goods or materials manufactured on the premises. Warehouse includes the storage of impounded goods and materials, dead storage, and storage of in -transit commodities. It does not include miniwarehouses or self storage facilities. Waterfront Related Industry Include=, waterfront uses and activities including small boat marinas; ship berthing; supportive commercial and recreational businesses; boat and other water vehicle sales, leasing, rentals, and service/repair; freight handling; any use operated and maintained by the San Diego Unified Port District as part of the marine terminal; and any other use determined by the City to have the same general character as those uses listed here. Water Supply 'Water supply" means such water system supply and distribution facilities as are necessary to provide a reliable and adequate water supply for private use and public fire protection services. Wholesale Store or Sales "Wholesale store" or "wholesale sales" means a business establishment engaged in selling to retailers or jobbers, rather than consumers. Wind Energy System "Wind energy system" means equipment that converts and then stores or transfers energy from the wind into usable forms of energy and includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, turbine, vane, wire, or other component used in the system. Yard "Yard" means an open space, other than a court, on a lot or parcel of land, unoccupied and unobstructed from the ground upward, except as otherwise provided in this title. Yard, Front "Front yard" means an open space extending the full width of the lot measured between the building closest to the front lot line, which open space is between a building and the front lot line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this title. Yard, Front, Least Depth. 1. "Front yard least depth" means the shortest distance, measured horizontally between any part of a building other than parts herein excepted, and the front lot line. 2. Such depth shall be measured from the front lot line; provided, however, that if the proposed location of the right-of-way line of such street as adopted by the city differs from that of the existing street, then the required front yard least depth shall be measured from the right-of-way line of such street as adopted; or said building shall comply with the official setback lines as adopted by the city. Yard, Rear Ordinance No. 2011-2362 204 Amending Title 18 — Land Use Code "Rear yard" means an open space between a building and the rear lot line, unoccupied and unobstructed from the ground upward and extending across the full width of the lot, except as specified elsewhere in this title. Yard, Rear, Least Depth "Rear yard least depth" means the shortest distance, measured horizontally, between any part of a principal building other than parts hereinafter excepted, and the rear lot line. Yard, Side "Side yard" means an open space extending from the front yard to the rear yard between a building and the nearest side lot line, unoccupied and unobstructed from the ground upward, except as specified elsewhere in this title. A side yard on the street side of a corner lot shall be known as an exterior side yard_ Yard, Side, Least Width 1. "Side yard least width" means the shortest distance, measured horizontally, between any part of a building other than parts herein excepted, and the nearest side lot line. 2. Such width shall be measured from the nearest side lot line and, in case the nearest side lot line is a side street lot line, from the right-of-way line of the existing street; provided, however, that if the proposed location of the right-of-way line of such street as adopted by the city differs from that of the existing street, then the required side yard least width shall be measured from the right-of-way of such street as adopted; or said building shall comply with any applicable official setback lines. Zone "Zone" means a portion of the territory of the city within which certain uniform regulations and requirements or various combinations apply under the provisions of this title. Zoning Map "Zoning map" means the designated official map or maps which show the location and boundaries of the districts established by this title and which are referred to as the "zoning map" and incorporated as a part of this title. The zoning rnap, together with everything shown thereon and all amendments thereto, are as much a part of this title as if fully set forth and described in context. PASSED and ADOPTED this day of , 2011. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Ron Morrison, Mayor Ordinance No. 2011-2362 205 Amending title 18 — Land Use Code CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 21, 2011 AGENDA ITEM NO. 19 EM TITLE: Resolution of the City Council of the City of National City approving the lease by the Community Development Commission of the City of National City of real property located at 2020 and 2200 Hoover Avenue to Paradise Creek Housing Partners, LP, and making certain findings in connection therewith PREPARED BY: George H. Eiser, III DEPARTMENT: PHONE: Ext. 4221 APPROVED BY: EXPLANATION: Please see attached memorandum. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS The CDC will loan the Developer $6,000,000 in low/mod reserve funds, and grant Community Housing Works through an escrow account $14,957,000 in 2011 Tax Allocation Bond funds. ENVIRONMENTAL REVIEW: The Project is within the scope of the environmental documents prepared for the Westside Specific Plan. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: posed Resolution Mayor Ron Morrison Council Members Alejandra Sotelo-Solis Louis Natividad Mona Rios Rosalie Zarate +" 9ALIi QRN A INCORPORATED 'J Office of the City Attorney City Attorney Claudia Gacitua Silva Legal Counsel George H. Eiser, III Senior Assistant City Attomey Jodi L. Doucette TO: Mayor and City Council DATE: June 14, 2011 FROM: George H. Eiser, III, Legal Counsel SUBJECT: City Council Approval of a Lease by the CDC of Real Property Located at 2020 and 2200 Hoover Avenue to Paradise Creek Housing Partners, LP BACKGROUND Paradise Creek Housing Partners, LP (the "Developer") proposes to construct a 201 unit Transit - Oriented Infill Affordable Housing Development in two phases on 12.75 acres of property (the "Project"). The property is comprised of nine parcels of land at 2020 (2 parcels) and 2200 (7 parcels) Hoover Avenue, which are at the present time owned by the City. The parcels at 2020 Hoover Avenue were recently acquired by the City from the Illes Family Trust. The parcels at 2200 Hoover Avenue are currently the City's public works yard. It is anticipated that these parcels will be sold or leased by the City to the CDC for this Project. In order to assemble the land necessary for the Project, it is proposed that the Developer enter into a 99-year ground lease with the CDC of the parcels at 2020 and 2200 Hoover Avenue. Because the parcels will be acquired from the City by the CDC using tax increment funds, the procedures set forth in the Community Development Law, specifically Health and Safety Code Section 33433, must be followed in order for the subject land to be leased by the CDC to the Developer. The first step required by Section 33433 is for the CDC to make available to the public a report summarizing the transaction. Such summary report was made available by the CDC beginning June 7, 2011. On the same date, the first notice of a public hearing to be held on June 21, 2011, was published, as required by Section 33433; a subsequent notice was published on June 14, 2011. The final actions required by Section 33433 are for the City Council to hold a public hearing and to adopt a resolution approving the lease of the Property, and for the CDC to approve a Disposition and Development Agreement ("DDA") with the Developer. A public hearing to consider approval of the lease is a companion item on this agenda. Also appearing as a companion item is a proposed resolution of the CDC approving the DDA pursuant to which the property will be leased. A copy of the DDA is included with that agenda item. The resolution proposed for this agenda item would approve the lease by the City Council, and would be based upon the following findings: 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 • That the lease of the land will assist in the elimination of blight or provide housing for low or moderate income persons, and is consistent with the Implementation Plan. • That the consideration for the lease is not less than the fair reuse value of the land at the use and with the covenants and conditions and development costs authorized by the lease. FACTUAL BASES OF FINDINGS The Lease of Land Will Assist in Elimination of Blight, and is Consistent with the Implementation Plan Page 16 of the Summary Report explains why the lease will assist in the elimination of blight, and is consistent with the Implementation Plan, as follows: The Redevelopment Plan ("Plan") for the National City Redevelopment Project Area governs the property. In accordance with Section 33490 of the California Redevelopment Law, the Plan contains the goals and objectives and the projects and expenditures proposed to eliminate blight within the Project Area. These blighting factors include: • The age, obsolescence, deterioration, mixed character, or shifting uses of existing buildings within the Project Area. • The subdividing and sale of lots of irregular form and shape, and inadequate size, for proper usefulness and development. • A prevalence of depreciated values and impaired investments and social and economic maladjustment. • The defective design in character or physical condition of existing buildings. Implementation of the proposed lease can be expected to assist in the alleviation of blighting conditions through the following: • Improve the City's housing stock. • Consolidation of irregular parcels into a site appropriate for development. • Elimination of conditions of economic dislocation such as fragmented ownership patterns. • Expansion, renovation, and relocation of businesses within the Project Area. • Encourage private sector investment in development in the Project Area. With respect to encouragement of private sector investment, it should be noted that the Implementation Plan sets forth as an objective of the CDC "to increase private investment wherever possible, to promote jobs and improve the property and sales tax base of the City". 2 Lease of 2020 and 2200 Hoover Avenue The Lease Will Provide Housing for Low or Moderate Income Persons Pursuant to the DDA, and upon execution of the lease, the Developer will proceed to construct a 201 unit Transit -Oriented Infill Affordable Housing Development. The Project will consist of multi -family apartments restricted to very low, low, and moderate income households. Consideration for the Lease is not Less than the Fair Reuse Value of the Land at the Use and With the Covenants and Conditions and Development Costs Authorized by the Lease The Summary Report explains the basis of this finding at page 15, as follows: The estimated fair market value of the interests to be conveyed at their highest and best use is $8,890,000. The compensation to be paid to the CDC is negative $34,703,000. Factors affecting the difference in compensation and fair market value of the property at the highest and best use include: • The fair market value at highest and best use has been determined based on assumed continued use for commercial purposes. • The Project will consist of multi -family apartments restricted to very low, low, and moderate income households. • The Project will be developed on a 99-year ground lease rather than fee simple ownership. • The Project is proposed to receive subsidies from Low Income Housing Tax Credits and Proposition 1C, which impose specific covenants and restrictions (such as prevailing wages) on the Project. • The Project is required to maintain an annual operating budget for social services for tenants. CONCLUSION It is recommended that the proposed resolution be approved. GHE/gm GE R, III Legal Coun 3 Lease of 2020 and 2200 Hoover Avenue RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE LEASE BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY OF REAL PROPERTY LOCATED AT 2020 AND 2200 HOOVER AVENUE TO PARADISE CREEK HOUSING PARTNERS, LP, AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH WHEREAS, the Community Development Commission of the City of National City (the "CDC") is engaged in activities necessary to execute and implement the Redevelopment Plan (the "Redevelopment Plan") for the National City Redevelopment Project ("NCRP"); and WHEREAS, in furtherance of the objectives of the California Community Redevelopment Law (California Health and Safety Code Section 33000 et seq.), the CDC desires to redevelop a certain approximately 12.75 acre portion of the NCRP area located at 2020 and 2200 Hoover Avenue (the "Property") which is currently owned by the City of National City, and which will be sold or leased to the CDC; and WHEREAS, the Implementation Plan adopted by the CDC with respect to the NCRP area sets forth as an objective of the CDC to "increase private investment whenever possible, to promote jobs and improve the sales tax base of the City"; and WHEREAS, the CDC and Paradise Creek Housing Partners, LP (the "Developer"), propose to enter into a Disposition and Development Agreement ("DDA") pursuant to which the CDC would lease the Property to the Developer, and the Developer would construct on the Property improvements consisting of a 201 unit Transit -Oriented Infill Affordable Housing Development (the "Project"); and WHEREAS, pursuant to Section 33433 of the Community Redevelopment Law, the CDC is authorized, with the majority approval of the City Council after public hearing, to lease the Property for redevelopment purposes pursuant to the Redevelopment Plan upon a determination by the City Council that the lease of the Property will assist in the elimination of blight or provide housing for low or moderate income persons, and is consistent with the Implementation Plan adopted pursuant to Health and Safety Code Section 33490, and that the consideration for the lease is not Tess than the fair reuse value of the land at the use and with the covenants and conditions and development costs authorized by the lease; and WHEREAS, a public hearing notice was duly noticed in accordance with the requirements of Health and Safety Code Section 33433; and WHEREAS, the proposed DDA and summary report meeting the requirements of Health and Safety Code Section 33433, were available for public inspection consistent with the requirements of Health and Safety Code Section 33433; and WHEREAS, on June 21, 2011, the City Council held a public hearing on the proposed DDA and evaluated all of the information, testimony, and evidence presented during the public hearing; and WHEREAS, the CDC has reviewed the summary report required pursuant to Health and Safety Code Section 33433 and evaluated other information provided to it pertaining to the findings required pursuant to Section 33433; and Resolution No. 2011 — June 21, 2011 Page Two WHEREAS, the lease of the Property pursuant to the proposed DDA will assist in the elimination of blight by improving the City's housing stock; by the consolidation of irregular parcels into a site appropriate for development; by elimination of conditions of economic dislocation such as fragmented ownership patterns; by expansion, renovation, and relocation of businesses within the NCRP Project Area; and by encouraging private sector investment in the NCRP Project Area; and WHEREAS, the lease of the Property pursuant to the proposed DDA will provide housing for low or moderate income person, in that the Developer will construct a 201 unit • Transit -Oriented Infill Affordable Housing Development, which will consist of multi -family apartments restricted to very low, low, and moderate income households; and WHEREAS, the lease of the Property pursuant to the proposed DDA is consistent with the Implementation Plan, which sets forth as an objective of the CDC "to increase private investment wherever possible, to provide jobs, and improve the property and sales tax base of the City; and WHEREAS, the consideration for the lease is not less than the fair reuse value of the land at the use and with the covenants and conditions and development costs authorized by the lease, because the fair market value of the Property has been determined based on assumed continued use of the Property for commercial purposes; the Project will consist of multi -family apartments restricted to very low, low, and moderate income households; the Project will be developed on a 99-year ground lease rather than fee simple ownership; the Project is proposed to receive subsidies from Low Income Housing Tax Credits and Proposition 1C, which impose specific covenants and restrictions (such as payment of prevailing wages) on the Project; the Project is required to maintain an annual operating budget for social services for tenants; and WHEREAS, all actions required by all applicable law with respect to the proposed DDA have been taken in an appropriate and timely manner; and WHEREAS, the CDC has duly considered all terms and conditions of the proposed DDA and believes that the disposition of the Property pursuant thereto is in the best interests of the City of National City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local law requirements. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of National City as follows: Section 1. The City Council hereby finds and determines, based upon substantial evidence provided in the record before it, that the Project is of benefit to the NCRP area, the area in which it is proposed to be located. Section 2. The City Council hereby finds and determines, based upon substantial evidence provided in the record before it, that the consideration for the disposition of the Property, pursuant to the terms and conditions of the proposed DDA, is not less than the fair reuse value of the Property at the use and with the covenants and conditions and development costs required by the DDA and by the lease. Resolution No. 2011 — June 21, 2011 Page Thee Section 3. The City Council hereby finds and determines, based on substantial evidence provided in the record before it, that the disposition of the Property pursuant to the proposed DDA will assist in the elimination of blight within the Project Area. Section 4. The City Council hereby finds and determines, based on substantial evidence provided in the record before it, that the disposition of the Property will provide housing for low or moderate income persons. Section 5. The City Council hereby finds and determines, based on substantial evidence provided in the record before it, that the disposition of the Property is consistent with the Implementation Plan adopted pursuant to Health and Safety Code Section 33490. Section 6. The CDC Chairman is authorized to execute the proposed DDA following adoption by the CDC of the resolution approving the proposed DDA PASSED and ADOPTED this 21st day of June, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 21, 2011 AGENDA ITEM NO. p EM TITLE: Resolution of the City of National City Authorizing the Approval of Weed Abatement Public Hearing Findings PREPARED BY: Robert Hernandez/Fire Marsh. DEPARTMENT: Fir PHONE: 336-4552 APPROVED BY: EXPLANATION: In accordance with the National City Municipal Code, 1.36.100, the City Council shall consider the Weed Abatement Report and Account together with any objectives or protest by any parties interested in the same. At the conclusion of the hearing, the City Council shall by resolution either approve the Report and Account as submitted, or as modified or corrected by the City Council. The amounts so approved shall be liens upon the respective lots or premises. In accordance with the National City Municipal Code, 1.36.110, a copy of the resolution required by section 1.36.100 shall be served on the responsible person, pursuant to the procedures set forth in the Section 1.36.030 no later than fifteen days after the date of adoption of such resolution. i+ 's important to note that the large amount of rain fall experienced by the county this year resulted in nificantly higher volumes of inspections and weed abatements. FINANCIAL STATEMENT: ACCOUNT NO. 001-12124-3561 No financial impact at this time. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: p' Finance APPROVED: MIS STAFF RECOMMENDATION: Adopt City Council Resolution Confirming Weed Abatement Public Hearing Report and Account BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 'fixed Charges Special Assessments z. Summary Report of Abated Properties Exhibit "A': RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CONFIRMING ASSESSMENT OF COSTS OF WEED ABATEMENT WHEREAS, the Director of Emergency Services filed with the City Clerk an assessment, attached hereto as Exhibit "A", for weed abatement work done under and pursuant to National City Municipal Code Chapter 1.36; and WHEREAS, as required by Ordinance No. 2081, the City Clerk has given notice of the filing of the assessment and of the time for a hearing by the City Council, and an affidavit of posting such notice has been made and is on file in the office of the City Clerk; and WHEREAS, on June 21, 2011, a hearing was held by this City Council at which the report and account, and all written appeals, protests, or objections, if any, were duly presented, read, and considered, and all persons desiring to be heard thereon were heard, and the City Council gave all persons present an opportunity to be heard in respect to any matter relating to said work, to any act or determination of the Director of Emergency Services, or to any matter relating to said work or the assessment or the proceedings, therefore; and WHEREAS, all such persons desiring to be heard have been heard by the City Council. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City does hereby find, resolve, determine, and order as follows: That said hearing has been duly held; that each and every step of the proceeding prior to and including the hearing has been duly and regularly taken; that the City Council is satisfied with the correctness of the assessment, the proceedings and all matters relating thereto, and all protests, objections, or appeals be and the same are hereby overruled and denied, and the City Council does hereby confirm said proceedings and said assessment; that the City Council approve the report and account as submitted; and that the City Clerk is directed to file with the County Auditor of the County of San Diego, a certified copy of this Resolution. PASSED and ADOPTED this 21st day of June, 2011. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Mike Dalla, City Clerk Claudia G. Silva City Attorney City c tional City Weed Abatement Program 2011/2012 Fixed Charge Special Assessments t'. I � all d s � Zi 554 112 15 00 $3,340.46 2nd St National City Arregui Family Trust 04-18-94 3140 E 2nd St National City CA 91950 554 170 13 00 $930.24 614 S Harbison Ave National City 91950 Otero Delia 614 S Harbison Ave National City CA 91950 556 082 07 00 $862.72 910 Melrose St National City 91950 Ruiz David L 910 Melrose St National City CA 91950 557 180 32 00 $17,604.16 844 Palm Ave National City 91950 Hinton William E 844 Palm Ave National City CA 91950 557 180 37 00 $2,078.20 805 N Ave National City 91950 Li Zhiwei 1498 13th St #193 Imperial Beach CA 91932 557 351 17 00 $1,392.36 M Ave National City Carolino Construction Corp 3035 E 8th St National City CA 91950 557 351 18 00 $1,561.38 M Ave National City Carolino Construction Corp 3035 E 8th St National City CA 91950 557 351 19 00 $1,561.38 M Ave National City Carolino Construction Corp 3035 E 8th St National City CA 91950 557 351 20 00 $1,561.38 M Ave National City Carolino Construction Corp 3035 E 8th St National City CA 91950 557 351 21 00 $1,561.38 M Ave National City Carolino Construction Corp 3035 E 8th St National City CA 91950 557 351 22 00 $1,561.38 M Ave National City Carolino Construction Corp 3035 E 8th St National City CA 91950 557 351 23 00 $1,223.32 M Ave National City Carolino Construction Corp 3035 E 8th St National City CA 91950 557 351 24 00 $1,223.32 M Ave National City Carolino Construction Corp 303E E 8th St National City CA 91950 557 351 25 00 $1,223.32 M Ave National City Carolino Construction Corp 3035 E 8th St National City CA 91950 558 132 19 00 $1,207.46 2613 E 16th St National City 91950 Wallace Grace R 2613 E 16th St National City CA 91950 ti" ,tlY LYYi: t� ,.. Lh 'h.. S"..x ` .�'� �s�i� k L�?(�- E �Sgfro..k $ :.y. ap,y, a�� g"g�'r&i`Prm. nl . 8�':n'f��� ��L?""d"'.` } eiR�7�� i�S's .. ,.—+'�k ✓�., �. . _� � b k s<'T. � v _# .,.f-.a M'ta.,� .. ✓ '�R+. i.:... rc a.a '. (yy�p �JaF{ }{x� Total Parcels: 15 Total Assess: $38,892.46 EXHIBIT 'A' SUMMARY REPORT FOR APN 554-112-15-00 04/28/10 Initial inspection was made, property was found to be in violation. 04/29/10 Mailed 30 day courtesy notice to the property owner. 06/01/10 Re -inspection was made, property was found to be in violation. 06/01/10 Posted property. 06/02/10 Mailed 10 day final notice to the owner, certified mail. 06/15/10 Final inspection was made, property was found to be in violation. 06/15/10 Met property owner on -site, explained the violation and process. 06/24/10 Received certified notice returned "unclaimed". 06/24/10 Verified ownership information with the County of San Diego. 07/01/10 Work order authorization signed by City Official. 07/16/10 F.P.S.I. crews abated the property. 07/19/10 The owner was mailed a bill at our contracted rates. 08/05/10 The owner was mailed a final bill. 08/20/10 A Notice of Abatement was filed on the property. 06/10/11 The list of Fixed Charge Special Assessments [EXHIBIT "A") and the City Clerk's "NOTICE OF PUBLIC CONFIRMATION OF COSTS HEARING" was served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the property. All we gr the following: Owner: Address CITY OF NAT ENT 140 E. 12thSt. : Suite A : NATIONAL CITY, CA. 91950-4596 NOTICE TO ABATE PUBLIC NUISANCE Arregui Family Trust 04-18-94 3140 £ 2nd St Date: 4/29/2010 National City, CA 91950 Parcel Number: 554 112 15 00 Location ofPublic Nuisance: 2nd St National City instructions for Abatement Please clear the entire property of all weeds, dead vezetation trash, debris and arundo. All piles of dead vegetation and debris must be removed froxnthe property. (Please maintain any and all grasses below 3 inches year (round) You are hereby duetted to abate the public nuisance described above, of which you are the occupant or owner, within thirty (30) days of 4/29/2010. "Your fat a lure to comply with this order will result in the City having your property clewed by the City's contractor at four expense (per National City Municipal Code Chapter 1.36). A S350.00 adm7nistrative fee will be charged in addition to the contractor's fees to clean the property (per Resolution number 94-97), Violations are also subject to prosecution as misdemeanors. Guidelines For The Abatement of Flammable Veneration For the protection of lift and proPerty, remove all brush, flammable vegetation, or combustible growth which is located from thirty (30) feet to one hundred (100) feet from such a building or structure or to the property line, whichever is nearer, or as required by the Fire Department, including the maintenance of grass and other vegetation more than thirty,(30) froth suer( budding or'structure. Cuttings are to be removed front the property and disposed of properly. Vegetation is to be cut within two (2) inches of the ground_ "NOTICE REGARDING RARE, TISREATEi+FD OR ENDANGERED SPECIES" 1f you have previously recetycd a notice from the Califomta Department of Fish and Game or the U.S. Fish and WildlifeSerrices that rare, threatened or endangered species of fish or wildlife have occurrt¢ oil your property in tint arras identified for fuel break clearance, 'YOU MUST NOTIFY BOTH AGENCIES AND THE NATIONAL CITY` FIRE DEPARTMENT iN WR1TINC, Al'LFA.ST TEN (10) DAYS PRIOR TO BEGINNING VEGETATION CLEARING. IF THESE AGENCIES F JL. TO OBJECT OR NOTIFY YOU OF ANY ALTERNATIVE PROCEDURES WITHIN THOSE TEN II()) DAYS, YDU MAY THEN PROCEED TO CLEAR VEGETATION AS DIREC 1ED BY THIS NOTICE. Failure tu provide trotification to these agencies may render you rabic under Federal or State Law to penalties National City Municipal Code 9.12.010 Public Nnisanee Declared —In General Any of the: following conditions are hueby declared to constitute it public nuisance; A. When the Fire Chief or his/her designee determines drat there exists in any budding or on any premisesentubusstrbk, hazardous or explosive materials or dangerous accumulations of rubbish; or tinnece sary accumulations of wasttpapet, boxes, shavings, or any highly flamtnabic materials which are so situated as to endanger laic oor Property; or finds bstrucliem td of on lire escapes, stairs, passageways, doors or windows that ream:Moldy tend to interfere with the operations of the fire department or the egress of the occupants of suer( building of premises; or finds that the effectiveness of any exit door, attic separation or any fire separation wall is reduced; or finds that any provision of the Uniforiin Fire Code is being violated. B. When 1heFite Chief or his/her designee -deems any ehiritney, smokestack, stove, oven, incinerator, fomace or other heating device, eketric fixture or any appurtenance thereto, or anything,regutated" under a nationally recognized standard in or upon any building. structure or premises not specifically mentioned in the Uniform Fire Code, to be defective or unsafe so as to create a hazard: C. When the fire Chief or his/her designee finds any condition which in his/her judgment increases or may cause an increase ofthe hazard or menace of fire to a greater degree that customarily reeogn'tztdas normal by persons in the public service regularly' engaged in preventing, suppressing or extinguishing fire ar any thin([ or act which may obstmet, delay, hinder or interfere with the operations of the fire department or the egress ofoeeupants in the event of fire. National City Municipal Code 9.12.020.Public Nulsanee Declared -"Weeds' and Other Fiammable:hiaterials ing or located upon streets, sidewalks or private property are hereby` declared to be a public nuisanee. For the purposes of this: chapter, "weeds' shall inctucke A. Weeds whtcb bear seeds of a downy or wingy nature. C. Sagebrush, chaparral, and any other brush or weeds which attain Such large growth as to become; iv hen dry, a fire menace to adjacent improved Weeds which are otherwise noxious or dangerous. D. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace the the public health. E Drygrass, stubble, brush, titter, er otitcr flammable material which endangers the public safety by erecting a fire hazard in a portion ofhe City which has been zoned for single and multiple lesidenoe purposes. 0 rty- National City 3f unicival Cede 136.1110 Pafar nisance Defined 'Public Nuisance' means any condition defined or declared to he a public nuisance in any section of this code, and/or aril condition caused, maintainedor permitted to which constitutes a threat to the public's health, safety and welfare or which significantly obstructs, injures or interferes with the reasonable of lice use of property in a neighborhood, community or to any considerable number of persons A public nuisance also has the same meaning as set forth in California Civil Code Section 3479. National City Municipal Code 136.060 Abatement At peal— Hearing Within ten (10) days from the date of posting, mailing or personal service of the required notice, the owner or person occupying or controlling such Jot Or premises at?ccled may appeal to the City Connell. Such appeal shall be in writing and shall be filed with the City Clerk If you should have any questions, please feel free to call this number: 1-866-779-3774 Si usted tieneatguna pregunta, porfavor !lame al numbeo: 1-866-779-3774 Sa anumang karanungan,tnmawng tang po sa nurnerong ito: 1-866-779-3774 Sincerely yours in public safety, 1-866-779-3774 ext.311 or httpJ/fireprevention:net Fire Prevention Services*** '*You have the right to appeal this matter to the City Council within ten (10) days of the receipt of this notice. The appeal shall be in writing and tiled with the City Clerk (NCMC 1 36.050) ***Eire Prevention Services, Inc is under contract with the City of National City. NATIONAL CITY FIRE DEPARTMENT COMMON QUESTIONS AND ANSWERS ARE YOU THE CURRENT OWNER OF THIS PROPERTY? Yes 4 HAVE YOU CLEARED THIS PROPERTY SINCE THIS NOTICE? No 1 DO YOU UNDERSTAND THE INSTRUCTIONS FOR ABATEMENT? Yes 4 HAVE YOU MADE ARRANGEMENTS TO ABATE THE PROPERTY? No Yes CALL FIRE PREVENTION 1-866-779-3774 h ttp: //f i re p re v e nti o n .net CALL FIRE PREVENTION FOR RE -INSPECTION. 1-866-779-3774 http://fireprevention.net PROPERTY OWNERS ARE RESPONSIBLE FOR MAINTAINING HAZARD ABATEMENT ON A YEAR ROUND BASIS. No—► HAVE YOU THOROUGHLY READ THE ABATEMENT INSTRUCTIONS No i WOULD YOU LIKE THE CITY TO ABATE THE HAZARD FOR YOU? No 1 IF NOT ABATED WITHIN TIME SPECIFIED THE OWNER WILL BE CHARGED A $350.00 ADMINISTRATIVE FEE. PLUS FIRE PREVENTION WILL ABATE. THE OWNER WILL BE BILLED FOR ALL COSTS Yes Yes Yes - IF YOU DO NOT UNDERSTAND INSTRUCTIONS CALL FIRE PREVENTION. 1-866-779-3774 http://fireprevention.net CALL FIRE PREVENTION WHEN COMPLETED FOR RE -INSPECTION. 1-866-779-3774 http:Ufireprevention.net a CALL FIRE PREVENTION FOR ARRANGEMENTS. 1-866-779-3774 http://fireprevention.net IF ARRANGEMENTS ARE MADE PRIOR TO CITY ABATING HAZARD, THE ADMINISTRATIVE FEE MAY BE WAIVED. 333 E. 16th Street : National City, CA : 91950-4596 1, 1 CITY OF NATIONAL CITY Tractor Mowing A. per parcel, B. per parcel, C. per parcel, D. per parcel, E. Per square SCHEDULE OF FEES sized 1 to 7,500 square feet sized 7,501 to 15,000 square feet sized 15,001 square feet to 30,000 square feet sized 30,001 square feet to one acre foot over one acre Hand Labor A. per square foot of area abated 3. Dozer Operation A. hourly rate B. move -on fee $250.00 $325.00 $400.00 $450.00 $ 00.02 $ 00.10 $150.00 $150.00 4. Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $ 38.00 B. dump fees (reimbursement of cost) 5. Administrative Fee (failure to comply with final notice) A. per parcel $350.00 6. Attorney Services A. per parcel, per hour 7. Assessment Fees (includes preparing reports, attending hearings, etc.) A. Cost confirmations fee, per parcel $200.00 $275.00 8. Miscellaneous Fees A. special inspection fee $ 50.00 B. abatement lien $ 50.00 C. Interest on lien (apr) 10% D release of abatement lien $ 50.00 E. public notary $ 20.00 F. File duplication fee $ 50.00 G. Unscheduled Labor per man hour $ 50.00 H. unscheduled fees (reimbursement of cost) CITY OF NATIONALNT 1401.12th St. : Stlite'A ; NAtICNAT. CITY, CA. 91950-4596 FINAL NOTICE TO ABATE PUBLIC NUISANCE Owner: Arregui Family Trust 04-18-94 Address' 3140E 2nd St Date: 6/2/2010 National City, CA 91950 Parcel Number: 554 112 15 00 Location of Public Nuisance: 2nd St National City Instructions for Abatement: Please clear the entire property of all weeds, dead vegetation, trash,: debris and arundo. All piles of dead vegetation and debris must be removed from the property. (Please maintain any and all grasses below 3 inches year round) You are hereby directed to abate the public nuisance described above, of which you are the occupant or owner, within ten (10) days of6/2I2010 *"Your failure to comply. with this order will result in you being charged the administrative fee and the City having your property cleaned by the City's contractor at your expense (per National City Municipal Code Chapter 1.36): A $350 00 administrative fee will be charged in addition 10 the contractor's fees to clean the property per Resolution number 94-97). Violations are also subject to prosecution as misdemeanors. Guidelines For The Abatement of Flammable Veeetation For the protection of fife and property, remove all brush. flammable Vegetation, or combustible growth whichis located from thirty (30) feet to one hmtdred (100) feet from such a building or structure or to the property line, whichever is nearer, or as required by the Fire Department, including the maintenance of grass and other vegetationmore than thirty (30) from such building or structure. Cuttings are to be removed from the property and disposed of properly. Vegetation is to he cut within two (2) inches of the ground. "NOTICE REGARDING RARE, THREATENED OR ENDANGERED SPECIES" If you have previously received anotice from the California Department of Fish and Game or the U.S Fish and Wildlife Services that rare, threatened or endangered species of fish or wildlife have occurred on your property in the areas identified for fuel break clearance, YOU MUST NOTIFY BOTH AGENCIES AND THE NATIONAL CITY FIRE DEPARTMENT IN WRITING AT LEAST TEN (10) DAYS PRIOR TO BEGINNING VEGETATION CLEARING. IF THESE AGENCIES FAIL TO OBJECT OR NOTIFY YOU OF ANY ALTERNATIVE PROCEDURES WITHIN THOSE TEN (10) DAYS, YOU MAY THEN PROCEED TO CLEAR VEGETATION AS 'DIRECTED BY THIS NOTICE. Failure to provide notification to these agencies may render you fiabfe under Federal or State Law to penalties. lNptionat City Alunicleral Code 9-12.010 Public Nuisance Declared —In General Any of the following conditions are hereby declared to constitute a Public nuisance: A When the Fire Chief or his/her designee determines that there exists in any burlding or on any premise$ combustible, hazardous or explosive matenets or '+angerous accumulations of rubbish; or unnecessary accumulations ofw tstepaper, boxes, shavings, or any highly flvninable materials which are so situated'aa to endanger' fe or property; or finds obstructions to or on fire escapes, stairs, passageways, doors or windows that reasonably tend to interfere with the operations of the fire department r the egress of the occupants of such building of premiser, or finds chat the effectiveness of any exit door, attic separation or any fire separation will is reduced; or finds mat any provision of the Uniform Fire Code is being violated. B. When the Fire Chief or histher designee deems any chimney, smokestack, stove, oven,' incinerator, furnace or other heating device, eketric fixture or any appurtenance thereto, or anything regulated under a nationally recognized standard in or upon any building, structure or premises not specifically mentioned in the Uniform Fire Code, to be defective or -unsafe so as to create a hazard. C. When the Fire Chief or his/her designee finds any condition which in his/her judgment increases or niay cause an increase ofthe hazard or menace of fire to a greater degree that customarily recognized as normal � by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or any thing or act which may obstruct, delay, binder or interfere with the operations of the fire department or the egress of occupants in the event of fire. National pity Municipal Code 9.12.020 Pnbtie Nuisance Declared -Weeds and Other Flammable Miterla14 All weeds, growing or located upon streets, sidewalks or private property are hereby declared to be a public nuisance. For the purposes of this chapter, "weeds" shall' i the following: A. Weeds which bear seeds of a downy or wtngy nature C. Sagebrush, chaparral, and. any other brush or weeds which attain such large' growth as to become, when dry, a fire menace to adjacent improved property. C. Weeds which are otherwise noxious or dangerous D. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace the the public health E. Thy grass, stubble, brush; litter, or purer flammable material which endangers the public safety by c eaung a fire hazard In a portion of the City which has been zoned for single and multiple` residence purposes, National Cit ' Municipal Code 1.36.010 Putsbc Nufssnce Defintd "Public Nuisance" means any condition defined er declared to be a public nuisance any. ny stcuon of this code, and/or and' condition caused, maintained or permitted to exist which constitutes a threat tor the public's health.; safety and welfare or wine significantly obstructs, injures. or interferes with the reasonable of free use of properly in, a neighborhood, common ty or to any considerable number of persons. A public nuisance also has the same meaning as set forth in Catifomia Civil Code Section 3479. National City rslunieipal Code 1.36.060 ,Abatement-- Appeal— Hearing, Within ten (10) days from the date of posting, .mading or personal service of the required notice, the owner orpersorr occupying or oontrofling such lot or premises affected may appeal to the City Gownctl. Such appeal shall be in writing and shall be filed with the City Clerk. If you should bave any questions, please feet free to call this number:-1-866-779-3774 Si usted tienealguna prtguuta, por favur flame al numeroc i-S66-779-3774' Sa anumang katanungan, tumaw sg tang po as numerong to: 1-866-719-3774 '-cerelylyours in public safety. **You have the right to appeal this matter to the City Council within ten (10) days of the receipt of this ice. 1-866-779-3774 ext. 311 or http://tirepreyention.net The appeal shall be in writing and filed with the City Clerk. (NCMC 1 36.050) ***fire. Prevention Scrvices, Inc is under contract with. the City of National City_ Fire Prevention Services*** rev. 0327/06. 0424i06, 0&21 /06 fn f' NATIONAL CITY FIRE DEPT. 3 1243 National City Boulevard N NATIONAL CITY, CA 91950-4596 t . ,. Postai, Service ra CERTIFIED MA1.,,, RECEIPT pornestio NatiOnly; No insureace Coverage Pr For denim rl!;infOrm tion-visit alitmebsate at ',iti it u TQttAt'u 9 a$1' Lo ru a • `rE.oniiivtlfea. i'iBnNiatFQs. nP,Fiejuirenp apIlet,i+i,`lie.iive.ry Fee.. nomy,rKipx�M WecuFed} ''" Arregui Family Trust 04-18-94 3140 E 2nd St r- "" 7" National City CA 91950 N. to. <4 $2. 42..,, 404 554112 15 00 NC dfEirITIFIE AIL 7009 0960 0000 5257 9458 NCLA MED b''l*67 Arregui Falnil ust 04-4$ 94 314U B 2 t ` Date 6/2/2010 -Nation City, CA 91.950` Parcel Numi of Public Nuisance: 2nd. St National. City ins for Abatement: Please clear the entire. property of all weeds. 919„500 4S96 I N3X2E DC:: UIHTFO3T417F3 POSTAL SJRVJCF .000 F RATIONAL CITY U.S. POSTAGE PAID CL CAJON.G: 9202C JUN 02. I0 AMOUNT $5�59 a .21 DO 1 00 06/CO/10 RETURN TO SENDER UNCLAIMED UNA0LI TO rOr,w ir:D 91950,1_S., 99 . :1577--Q1C4O--02-.-41 ,c4.0 '4,4° fj. 4 Job location:2nd St National City CIT 333 E. 16t##t` St. 1' A I > ONAL CITY, CA. 91950-459 Owner: Arregui Family Tnist 04-18-94 Address: 3140 E 2nd St National City, CA 91950 Parcel #554 112 15 00 Authorized by: 6 WHEN SIGNED THIS DOCUMENT ALLOWS RIGHT OF PASSAGE ONTO PRIVATE PROPERTY FOR THE PURPOSE OF FIRE VIOLATION / PUBLIC NUISANCE REDUCTION OR REMOVAL. METHOD OF CLEARING Entire Parcel Fire Break. Hand Cutting: ail 7oo sq ft.' RemovaI: cu. yds. Tractor Mowing: sq. ft, Discing: sq. ft. Type: Type: Type: CREW INFORMATION Notes: Please clear the entire'pro_perty of all weeds, dead vegetation; trash. debris and arundo. Ail piles )f dead vegetation and debris must be removed from the property. (Please maintain any and all grasses below 3 inches year round) 06 SAN (NEW 'COUNTY ASSESSOR'S YAP BDCK 554 PACE IT � 18 'C) L7 14 a FOURTH w z 0 N m CC - 2ND S"T. St 1 TFD&{NP �Ay pREPARW FOR ASSEfSLENF P PZ4sSONLY. NO'L]ABIRTY IS.. ASSUNfl7i0A TIE ACCIJ Y-OF WDATA 8Fg1VN IOSSESSORSPARCELS I YNOT COAPEY 4%lTN, LOCAL SUBDAfigari55 SUP.f1NO ORDINANCES . wr H G BLK OLD Y� MAP 2475-RANCHO HILLS UNIT 5 112 11 EW ti, CUT rtp), - IVAOLL 4),/ 11116d, 7-15-10 Photo 3 1 �;i u. Box 172t1 EI Caon CA 92022-1720 {619) 401-18 3 fa (�1�j:445-633 http:/lfireprevention,nef 7/19/2010 Arregui Family Trust 04-18 94 3140E 2nd St National City, CA 91950 Parcel 4 554 112 15 00 Location: 2nd St National City Dear Arregui Family Trust 04-18-94, This letter is to inform you that the Public Nuisance on the above referenced property was abated pursuant to a prior Notice to Abate and order of the City of National City. Fire Prevention Services was contracted by the City of National City to help reduce Public Nuisances and potential fire violations: thus improving the safety of its citizens. The abatement work on your property was performed as mandated by The National City Municipal Code Chapter 1.36. The charges thus far total $2,520.00. You will incur no further costs if this amount is paid within fifteen (15) days of the date of this notice. Failure to pay this bill may result in the filing of an abatement lien upon your property, Please make your check payable to Fire Prevention Services and include the Parcel # 554 112 15 00 on the check. If you have any questions please call us direct at619-401-1863. Fire Prevention Se rev.05/I9/06 ces, Inc. Tractor Mowing per parcel, sized 1 to 7,500 square feet $250.00 ts. per parcel, sized 7,501 to 15,000 square feet $325.00 C. per parcel, sized 15,001 square feet to 30,000 square feet $400.00 D. per parcel, sized 30,001 square feet to one acre $450.00 E. per square foot over, one acre $00.02 sq. ft. sub total Hand Labor A. per square foot of area abated Dozer Operation A. hourly rate 13. move -on fee $0.10 21.700 sq. ft. 2.170.00 $150.00 $150.00 Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $38.00 X B. dump fees (reimbursement of cost) Administrative Fee (failure to comply by deadline o A. per parcel „,.rnev Services per parcel, per hour otice) Assessment Fees (includes preparing reports, attending hearings, etc. A. cost confirmation fee, per parcel Miscellaneous Fees Per Parcel A. special inspection fee B. abatement lien C. Interest on lien (apr) D, release of abatement lien E. public notary F. tile' duplication fee G. unscheduled Labor per man hour H. unscheduled fees FILE 2562 cu.vds $35000 1 350.00 $200.00 $275.00 $50.00 $50.00 10%' $50.00 $20.00 $50.00 $50.00 (reimbursement of cost) APN #/ 554-112-15-00 TOTAL $ 2.520.00 P.O. Box 1720 : El Cajon, CA 92022-1720 (619) 401-1863 : fax (619) 445-6336 h ttp://firep-rey en.t1on.n et Final Bill 8/5/2010 Arregui Family Trust 04-18-94 3140 E 2nd St National City, CA 91950 Ref: Parcel # 554 112 15 00 Dear Arregui Family Trust 04-18-94, This is a reminder of the letter we sent you amount of $2,520.00 Inc. 7/19/2010 and we have not received payment in the Ifwe do not receive payment within 10 days we will be required to seek appropriate action to collect these monies. This action may include filing an abatement lien on your property and forwarding this bill to our collection agency. Under state and local law, costs for such action will be added to your total amount. Please tender a check to us immediately to avoid any further action. Make your check payable to Fire Pre% Parcel # 554 112 15 00 on the check. Should you need to discuss this matter you may Sincerely, Fire Prevention Services, Inc. rev.05:19'O6 ices, Inc., and include the (619) 401-1863. h d and official seal-- „ - utc01Upti46141)tik$TE0 RY Fire PO Biak Ayipit, CA 9490....2012 ts.1(1: 619) 561- 1.058- fax (619) 445-6336 AN1) WHEN RECORDED MAIL '1'0 Fire Prevention Services, Inc. PO Box 2012 Alpine, CA 91903-2012 11111111111111111111111111111111 I Mil' AUG 23, 2010 2:00 PM OFFICIAL RECORDS SAN CAECA COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER FEES. 000 PAGES: 1 111111111111111111111111111111110111111111111111111111111111111111111111 NOTICE OF ABATEMENT TO THE CURRENT OWNER OF RECORD AND ANY FUTURE OWNERS/PURCHASERS OF THE HEREIN DESCRIBED PIZOPERl'Y WHEREAS it was determined that a violation of Chapter 1.36 of the National City Municipal Code did exist, and IVFIEREAS such violation was ordered abated on 7/1 f.),0 I O. and WHEREAS representatives of the National City Fire Department abated the violation(s) on 7/16/2010, nd WHEREAS the charge for such abatement amounted to 52,590.M), 'THEREFORE be it known that an abatement obligation exists on the property regardless of OW ner until paid. "Fhe current owner of the property is Arregui Family Trust 04-13-94 at 3140 F 2nd St, National Cty, C.:A 91950 described as follows: pNf( 554 112 15 00 bDikESR: 2nd St Nationhl City LEGAL DESCRIPTION: Rancho !Tills Unit .5 lExc St Op/ SoExc NIy 155 Ft Of Elv 60 Ft,' Ely This abatement obligation shall attach to the property,. not the owner, and after confirmation by the City Council shall become a special assessment on -The property tax bill. If not paid pursuant to State Law and State Tax Lien Law, the property may be sold to satisfy that obligation, The amount of such claim shall be $2,590,00 plus interest and other costs which may hereafter become due. This filing does not preclude the filing of leual action for collecticm Should such actions be required or determined to be appropriate, reasonable legal fees will be incuned and added to said obligation. PATEDt-Angtiq.20, 2.010 State of California County of San Die,: SS. BY: Ken O)orn, Fire Prevention er Inc,„ Designee for National (.7ity Fire t)eparttriera Certificate ()I Acknowledgement On August 20, 2010 before me, Gavin James Broatch. NotaryNotar Puhlic, personalty appeared RenOsborn, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isiare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ics), and that by his/her/their signatures ) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under,PEN, TY OF PERJURY under tfic laws of the State of California that the foregoing paragraph is true and cot-rect. FINES. GAVIN4JAMES OATH COMM. # 1823129 A 0 NOTARY PUHA - CALIFORNIA W (Sea)) SAN DIEGO COUNTY 0 COMA!. EXPIRES NOV, 112012 -11, SUMMARY REPORT FOR APN 554-170-13-00 04/13/10 Initial inspection was made, property was found to be in violation. 04/14/10 Mailed 30 day courtesy notice to the property owner. 05/18/10 Re -inspection was made, property was found to be in violation. 05/18/10 Posted property. 05/19/10 Mailed 10 day final notice to the owner, certified mail. 06/01/10 Final inspection was made, property was found to be in violation. 06/07/10 Verified ownership information with the County of San Diego. 06/09/10 Received certified notice returned "unclaimed". 06/22/10 Work order authorization signed by City Official. 06/29/10 F.P.S.1. crews abated the property. 07/02/10 The owner was mailed a bill at our contracted rates. 07/23/10 The owner was mailed a final bill. 08/06/10 A Notice of Abatement was filed on the property. 06/10/11 The list of Fixed Charge Special Assessments [EXHIBIT "Al and the City Clerk's "NOTICE OF PUBLIC CONFIRMATION OF COSTS HEARING" was served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the property. 0E.12t11S NOTICE TC owner: Otero Delia Address: 614 S 'Harbison Ave National City, CA 91950 Location of Public Nuisance: 614 S Harbison Ave National City 91950 Instructions for Abatement: Please dear the entire property of all piles of dead vegetation and debris. Please clear the entire property of all weeds, dead vegetation, trash, debris and arundo. All piles of dead vegetation and debris must be removed from the property. (Please maintain any and all grasses below 3 inches year round) You are hereby directed to abate the public nuisance described above, of which you are the occupant or owner, within thirty (30) days of 4/14/2010. **Your failure to comply with'this order will result in the City having your property cleaned by the City's contractor at your expense (per National City Municipal Code Chapter I.36)will . A �350.00 administrative fee ll he charged in addition to the contractor's fees to ckan the property (per Resolution number 94-97) Violations are also subject to prosecution as misdemeanors. D, ITY, CA. 91950-4596" E PY BLIC NUISANCE Parcel Number: 554 170 13 00 Date: 4/14/2010 Guidelines For The Abatement of 1-laminable Vegetation For the protection of life and property, remove allbrush, flammable vegetation, or combustible growth which is located loom thirty (30) diet to one hundred t 100) feet from such a building or structure or to the property line, whichever is nearer, or as required by the Fire Department, including the maintenance of grass and other vegetation more than thirty (30) from such building or structure. Cuttings are tube removed from the property and disposed of properly. Vegetation is to he cut within two (2) inches of the ground. "NOT1f[:E REGARDING RARE THREATENED OR ENDANGERED SPECIES"it you have previously received a notice from the California Department of Fish and Game or the U.S: Fish and: Wildlife Services that rare, threatened or endangered species of fish nr wildlife have occurred on your property in the areas identified for titel break clearance, YOU MUST NOTIFY BOTH AGENCIES AND THE NATIONAL CfFY FIRE DEPARTMENT IN WRITING AT LEAST TEN (10) DAYS PRIOR TO BEGINNING VEGETATION CLEARING. iF THESE AGENCIES FAIL TO OI3IECT OR NOTIFY YOU OF ANY ALTERNATIVE PROCEDURES Wirt TIN THOSE TEN {10) DAYS, YOU MAY "ff1EN PROCEED TO CLEAR VEGETATION AS DIRECTED 13Y THIS NOTICE. Fatlure o provide notifiicationto these agencies may render you liable under Federal or State Law to penalties, National City Municipal Code 9.12,010 Public Nuisance Declared -In General of the following conditions are hereby declared to constitute a public nuisance: When the Fire Chief or his/her designee determines that there exists in any building or on any premises combustible, hazardous or explosive materials or dangerous ae..,..,,idi,rtions of rubbish;. or nnnecessary acconiniations of wastepaper. 1?oxes, shavings, or any highly flammable materials which are so situated as to endanger life or property, or finds obstructipas to or on fire escapes, stairs, passageways, doors or windows that reasonably tend to interfere with the operations of the fire department or the egress of occupants- ofSueh building of premises; or finds that the effectiveness of any exit door, attic separation or any fire separation wall is reduced, Of finds that any provision of the Uniform Fire Code is being violated.: B. When the Fire Chief or his/her designee deems any chimney, smokestack, stove, oven, incinerator, furnace or other heating device, electric fixture or any appurtenance thereto, or anything regulated under a nationally recognized standard in or upon any building. structure or premises not specifically mentioned in the Unifomt Fire Code, to be defective or. unsafe so as to create a hazard. C. When the Fare Chief or his/her designee finds any condition which in his/her)udgrnent increases or may cause an increase of the hazard or menace of fire to -a greater degree that customarily recognized as nointall by "persons' in the public service regularly engaged in preventing, suppressing or extinguishing fire or any thing or act which may obstruct, delay, hinder or interfere with the operations of the fire department or the egress of occupants in the event of fire. National City Municipal Code 9.12.020 Public Nuisance Declared -Weeds and Other Flammable Materials All weeds, growing or located upon streets, sidewalks or private property are hereby declared to be a public nuisance. For the purposes of this chapter, "weeds" shall include he following_. Weeds which bear seeds of a downy orwingy nature. Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved property Weeds which are "otherwise noxious or dangerous. Poison oak and poison ivy when the `conditions ol'growth are such as to constitute a menace the the public health, Dry grass, stubble, brush, litter, or other flammable material which endangers the public' safety by creating a fire hazard in a portion of the City which has been zoned for single and multiple residence purposes. National City Municipal Code 1.36.010 Public Nuisance Defined Public Nuisance" means any condition defined or declared to be a public nuisance in any section of this code, and/or and condition caused, maintained or permitted to exist vhich constitutes a threat to the public's health, safety and welfare or which significantly obstructs, injures or interferes wuh the reasonable of free use of property in a icighborhood, community or to any considerable number of persons. A public nuisance also has the same meaning as set forth in California Civil Cade Section 3479. National City Municipal Code 1.36.060 Abatement Appeal- Hearing Vithin ten (10) days from the date of posting, mailing ar personal service of the required notice, the owner or person occupying or controlling such Int or premises affected nay appeal to the City Council. Such appeal shall be in writing and shall be filed with the City Clerk aid have any questions, please feel free to call this number: 1-866-779-3774 inealguna pregunta, por favor flame al numcro: 1-866779-3774 -a _,.....,...tg katamingan,tumawag long po sa numerong ito: 1-866-779-3774 incerely yours in public safety, **You have the right to appeal this matter to the City Council within ten (10) days of the receipt of this notice. -866-779-3774 e't. 311 or http:t/firepreyention.net The appeal shall be in writing and filed with the City Clerk. (NCMC I.36.059) ***Fire Prevention Seivicee Inc it under enntract with the City of Natinnal C ry NATIONAL CITY` COMMON QUESTIONS AND ANSWERS ARE YOU THE CURRENT OWNER OF THIS PROPERTY? Yes HAVE YOU CLEARED THIS PROPERTY SINCE THIS NOTICE? DO YOU UNDERSTAND THE INSTRUCTIONS FOR ABATEMENT? Yes HAVE YOU MADE ARRANGEMENTS TO ABATE THE PROPERTY? No r_ WOULD YOU LIKE THE CITY TO ABATE THE HAZARD FOR YOU? No IF NOT ABATED WITHIN TIME SPECIFIED THE OWNER WILL BE CHARGED A $3559.00 ADMINISTRATIVE FEE. PLUS FIRE PREVENTION WILL ABATE. THE OWNER WILL BE BILLED FOR ALL COSTS Yes — PROPERTY OWNERS ARE RESPONSIBLE FOR MAINTAINING HAZARD ABATEMENT ON A YEAR ROUND BASIS (CALL FIRE PREVENTION1-866-779.3774 pt/fi repreventi on. net CALL FIRE PREVENTION FOR RE -INSPECTION. 1-866-779-3774 http://fireprevention.net No—► HAVE YOU THOROUGHLY': READ THE ABATEMENT INSTRUCTIONS -Yes Yes Yes YOU DO NOT UNDERSTAND NSTRUCTIONS CALL FIRE PREVENTION. 1-866-779-3774 J/f reprevention.net / CALL FIRE PREVENTION WHEN COMPLETED FOR RE -INSPECTION. 1-866-779-3774 http;//fi reprevention.net CALL FIRE PREVENTION FOR ARRANGEMENTS. 1-866-779-3774 http://fireprevention,net J II i IF ARRANGEMENTS ARE MADE PRIOR CITY ABATING HAZARD, THE ADMINISTRATIVE FEE MAY DE WAIVED, 333' E. 16th 'Street : National City, CA : 91950.4596 3. Tractor Mowing A. per parcel, sized I to 7.500 square feet B. per parcel, sized 7,501 to 15,000 square feet D. per parcel, sized 30,001 square feet to one acre E, Per square foot over one acre Hand Labor A. per square foot of area abated C. per parcel, sized 15,001 square feet to 30,000 square feet Dozer Operation A. hourly rate B. move -on fee $250.00' $325.00 $400.00 $450.00 $ 00.02 $ 00.10 $150.00 S150,00 Debris Re mediation (includes chipping. grinding, andlor shredding) A. per cubic yard of material prior to chipping, and or compacting $ 38.00 B. dump fees (reirnbursernent of cost) 5. Administrative Fee (failure to co A. per parcel b. Attornev Services A. per parcel, per hour 7. Assessment Fees (includes preparing reports, at A. Cost confirmations fee, per parcel Miscellaneous Fees A. special inspection B. abatement lien C. Interest on lien (apr) D release of abatement lien E. public notar}. F. File duplication fee G. Unscheduled Labor per m 11, unscheduled fees fee ply with hour final notice) hearings, etc $350.00 $200_00 275.00 $ 50.00 $ 50.00 10% $5000 $ 20.00 S 50.00 $ 50.00 (reimbursement of cost) CITY 0' 144 E.121 FINAL NOTI Jwner: Otero Delia Address: 61 4 S Harbison Ave National City, CA 91950 Parcel Number: 554 170 13 00 Date: 5/19/2010 Location of Public Nuisance: 614 S Harbison Ave National City 91950 Instructions for Abatement: Please clear the entire property of"all "piles of dead vegetation and debris. Please clear the entire property of all weeds, dead vegetation, trash, debris and arundoAll piles of dead vegetation and debris must be removed from the property. (Please maintain' any and all grasses helow 3 inches year round) You are hereby directed to abate the public nuisance described above. of which you are the occupant or owner; within ten; (10) days of 5/19/2010 '+Your failure to comply with this order will result in you being charged the administrative fee and the City having your property cleaned by the City's contractor at your expense (per Notional City Municipal Code Chapter 1. 6), A S350.00 administrative fee will be charged in addition to the contractor's fees to clean the property (pet Resolution number 94-97) Violations are also subject to prosecution as misdemeanor . Guidelines For The Abatement of Flammable Vegetation For the protection of life and property, remove all brush flammable vegetation, or combustible growth which is located from thirty (30) feet to one hundred (100) feet from such a buildirigor sanctum or to the property line- whichever is nearer, or as required by the Fire Department, including the maintenance of grass and other vegetation more than thine_ (30) from such budding or structure. Cuttings are to be removed from the property and disposed of properly. Vegetation is to be cut wittiintwo (2) inches of the ground. NOTICE REGARDING RARE T}1RE�TE� ED OR ENDANGERED SPECSES" If you have previously recetvect a notice from they California Oepartrhent of Fish and Game or the U.S. Fish and Wildlife Services that rare, threatened or endangered specicc of fish or wildlife have occurred on your property in the areas identifed for fuel break clearance. YOU MUST NOTIFY BOTH AGENCIES AND THE NATIONAL CITY FIRE DEPARTMENT IN WRITING: AT LEAST 'PEN (10) DAYS PRIOR. TO BEGINNING VEGETATION CLEARING. IF THESE AGENCIES FAIL TO 0137EC'I OR NOTIFY YOU OF ANY ALTERNATIVE PROCEDURES WITHIN TIIOSE TEN (10) DAYS, YOU MAY THEN PROCEED TO CLEAR VEGETATION AS DIRECTED BY 11113 NOTICE. Failure to provide notification to these agencies may render you liable under Federal or State Lain to penalties. National City Municipal Code 9.12_010 Public Nuisance Declared --In General Any of the following conditions are hereby declared to constitute a public nuisance: When the Fire Chief or his/her designee detennines that there exists in any building or on any premises combustible, hazardous or explosive materials or igervus accumulations of rubbish; or unnecessary acclimn!atians ofwastepaper,, boxes, shavings, or any highly #Iammabte materials which are So situated as to endant,.. life nr property; or finds obstructions to or on fire escapes, stairs, passavays, doors or windows that reasonably tend to interfere with the operations of the fire department or the egress of the occupants of such building of premises; or finds that the efi'eetiveness of any exit door, attic separation or any fire separation wall is reduced; or finds that any provision of the Uniform Fire Codc is being violated. B. When the Fire Chkf or his/her designee deems any chin-mey,'sunokestack, stove, oven, incinerator, furnace or other heating device, electric fixture or any appurtenance thereto, or anything regulated under a nationally recognized standard in or upon any building, structure or premises not specifically mentioned in the llnifornt Fire Code, to be defective or unsafe so as to create a hazard. C. When the Fire Chief or ltisfher designee linds any condition which in his/her judgment inc,eases or may cause an increase of the hazard or menace of fire to a greater degree that customarily recognized as normal by persons in the, public service regularly engaged in preventing, suppressing or extinguishing fire or any thing or act which may obstruct, decay, hinder or interfere with the operations of the tire department or the egress of occupants in the event of fire Alt weeds, growing the following: A. 13, G. D. Weeds which bear seeds of a downy or wingy nature. Sagebrush, chaparral, and any other brush or weeds which attaim such large growth as to become, when dry; a fire menate to adjacent improved property_ Weeds which are otherwise noxious or dangerous. Poison oat alit poison ivy when the conditions of growth arc such as to constitute a menace the the public health; Dry grass, stubble, hruah, titter, or other flammable material which endangers the public safety by creating a fire hazard in a portion of the City which has been zoned for single and multiple residence purposes National City Municipal Code 9.12.020'" Public Nuisance Declared —Weeds and other- Flammable Materials Located upon streets. sidewalks or private property are hereby'dcclared to be a public nuisaneef For the purposes of this chapter, "weeds" shall include National City Municipal Code 1.36.010 Public NuisaneeDefined "Puhtic Nuisance° means any condition defined or declared to be a public nuisance in any section of this code, and/or attd condition caused; maintained or permuted to exist which constitutes a threat to the public's health, safety and welfare or which significantly obstructs, injures or interferes with the reasonable of free use of property in a neighborhood, community° or to any considerable number ofpersons. A"public-nuisance also has the same meaning as set forth in Califomia Civil Code Section 3479 National City Municipal Code 1.36.060 Abatement— Appeal —Bearing Within ten (10) days from the date of posting, mailing or personal service of the required notice, the owner or petson occupying or coatrotlins such lot or premises affected may appeal to the City Council. Such appeal shall be in writing and shall be tiled with the City Clerk. If Lou should have any questions, please feel free to call this number: 1-866-779-3774 'fisted tienealguna pregunta, por favor !tome al numero: 1-866-779-3774 numang katanungan, tumawag`tang posa numerong ito: 1-366.779-3774 Sincerely yours in public safety, notice, I-866-779 3774 eat.3 Fire Prevention Services*** **You have the right to appeal this matter to the City Coursed within ten (10) days of the receipt ofthis or http://fireprevention.net The appeal shall be in writing and fled with the City Clerk. (NCMC 136.050) ***Fire Prevention Services, Inc is under contract with the City ofNatinnal City. n /2 Posta�l3 RTIFI molt Or O I ,MEnr, R..4tga' Fea �cujt ,.wfl. a- 554 170 1 fi00 15.54 ICY, Otero Delia a 614 S Harbison Ave National City CA 91950 r` ,. NATIONAL CITY FIRE DEPT. 1243 National City Boulevard NATIONAL CITY, CA 91950-4596 1 ,ner: vtero ueiia ddress: 614 S Harbison Ave National City, CA 91950 7009 0960 0000 5257 9335 haicel •Number: 554 170 13 00 ate $/19/2010 .ocation of Public Nuisance: 614 S Harbison Ave National City 91950 Istructions for Abatement: Please clear the entire property of alllpiles of derf0 ?,s.ce clear the entire nrnnerty ofali weeds. dead veaetatinn t►och rlpl;y7� VN/TFOST8TES AOST4L SFAVICF 1000 i i i 91950 U.S. POSTAGE PAI CL`CAJON.CA 9202Q MAY 19. 10 AMOUNT $5 51 Ei ^� •; T,� w lrJ fl 1 71f17111/11111171til ilifiifiilillifillif1111)117'11Ii11I11111 N Owner: Otero Delia Address: 614 S Harbison Ave National City, CA 91950 Parcel #55.4 1 0 13 00 Authorized° b Sigi ORDER AUTHORIZATION Authorization # 2501 Job location:614 S Harbison Ave ational City 91950 Date: G - _ - ICNED THIS DOCUMENT ALLOW HT OF PASSAGE ONTO PRIVATE PROPERTY FOR THE 'PURPOSE OF FIRE VIOLATION I PUBLIC NUISANCE REDUCTION OR REMOVAL. METHOD OF CLEARING eParcel Fire Break Hand Cutting: sq. fit. Removal: cu. yds. Tractor Mowing: sq. f. Discing: sq lt. Crew Type: Type: Type: Type: CREW INFORMATION Date Notes: Please clear the entire ro ertv of all iles of dead ;vegetation and debris. Please clear the entire property of all weeds; dead vegetation, trash, debris and arundo. All piles of dead vegetation and debris mustbe removed from the property. (Please, maintain anyand all grasses below 3 inches year round) C S. DIEGO COun'v ASSCSSORS Map MAP 2305 - PARADISE KNOLLS MAP 166 - RANCHO OE LA NACION -POR NWQ OF 5E0 OF OSEC 105 ROS 8346 qrnovol cu, , • • ,• • t 't 0 , 7/2/2010 Otero Delia 614 S Harbison Ave National City, CA 91950 Parcel # 554 170 13 00 Location: 614'S Harbison. Ave National City 91950 Dear Otero Dells This letter is to informyou that the=Public Nuisance crn the above referenced property was abated pursuant to a prior Notice to Abate and order of the City ofNational City. entian Servit es vas contracted by the City of National City to help reduce Public Nuisances and fire violations thus improving thc safety of its citizens The abatement iworkon your property was performed as mandated by The National City Municipal Code Chapter. 1.36. The charges thus; far total ,$386.80. You will incur no further costs if this amount is paid within fifteen (15) days of the date of this notice. Failure to pay is bill may result in the fling of abatement lien upon your property. Please make your check payable to Fire Prevention Services and include the Parcel 554 170 13 00 on the check. 1f you have any questions please call us direct at 619-401-1863. Sincerely, Fire Prevention' Services, luc. rev.05/19/06 o,i B. dump fees Administrative Fee (failure to comply by deadline of notice) A. per parcel Tractor Mowing per parcel, sized 1 to 7,500 square feet $250.00 D. per parcel, sized 7,501 to 15,000 square feet. $325.00 C. per parcel, sized 15,001 square feet to 30,000 square feet $400.00 D. per parcel, sized 30,001 square feet to one acre S450.00 E. per square foot over one acre $00.02 sq. ft. sub total Hand Labor A. per square foot of area abated Dozer Operation A. hourly rate B. move -on fee Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $38.00 X cu.yds (reimbursement of cost) $0.10 $150.00 $150.00 368 _ sq. ff. 36,80 ---vrney Services A. per parcel, per hour Assessment Fees (includes preparing reports, attending hear A. cost confirmation fee, per parcel Miscellaneous Fees Per Parcel A. special inspection fee B. abatement lien C. Intereston lien (apr) D. release of abatement lien E. public notary F. file duplication fee G. unscheduled Labor per man hour H. unscheduled fees FILE # 2501 gs.; etc_) $35000 $200.00 $275.00 $50.00 $50.00 10% $50.00 $20.00 $50.00 $50.00 (reimbursement of cost) APN # 554 170 13 00 TOTAL $ 386.80 350.00 `2, 7_ P.O:>BBox 1720 El Cajon,CA 92022-1720 (619). 401-1863 : fax (619) 445-6336 http //fir�eprevrentionnet Final Bill 7/23/2010 Otero Delia 614 S Harbison Ave National City, CA 91950 Ref: Parcel 4 554 170 13 00 Dear Otero Delia, This is a reminder of the letter we sent you on 7/2/2010 and we have not received payment in the amount of S386.80 If we do not receive pay these monies. ed to seek appropriate action to collect This action may include filing an abatement lien on your property and forwarding this bill to our collection agency. Under state and local law, costs for such action will be added to your total amount. Please tender a check to us inirnediately to avoid any further action. Make your check payable to Fire Prey Parcel 4 554 170 13 00 on the check. Should you need to discuss this matte Sincerely, Fire Prevention Services, Inc. rev.05/19!06 ntiori Service Inc., and include the rou may contact us at (619) 40.1-1863.. RECORDING REQUESTED BY Fire Prevention Services, Inc. PO Box 2012 Upine, CA 91903-2012 519) 562-1058 fax (619) 445-6336 ANI) WHEN RECORDED MAIL TO Fire Prevention Services, Inc. PO Box 2012 Alpine, CA 91903-2012 I IIIIIIII III IIIIIVIIINIIIWI��II!�III �Illtlllllll'll IIIIII AUK10,2110 2:17.Pm. OFFICIAL RECORDS SAN DIEGO COUNTY RECt7RDER`S OFFICE DAVID.L. EIUTLER, COt1NTY RECORDER FEES: 0_D0 PAGES: 1II1111IIIIIIIIIIlllll1111111111111111III1111111INIIIIIIIIII111111NII111111111Illl NOTICE OF ABATEMENT TO THE CURRENT OWNER OF RECORD AND ANY FUTURE OWNERS/PURCHASERS OF THE HEREIN DESCRIBED PROPERTY WHEREAS it was determined that a violation of Chapter 1.36 of the National City Municipal Code did exist, and WHEREAS such violatio vas ordered abated an 622, 2010, and WI ICREAS representatives of the National City Fire Department abated the violations) on 6/29/2010, and WHEREAS the charge for such abatement amounted to $456.80; THEREFORE beit known that an abatement obligation exists on the property regardless of owner until paid. owner of the property is Otero Delia at 614 S Harbison Ave, National City. CA 91950 described as follows: 'N # 554 170 13' 00 . _JDR.ESS: 6I4 S Harbison Ave National City 91950 LEGAL DESCRIPTION- Paradise Knolls Lot 6 Blk 2 The current This abatement obligation shall attachto the property, not the owner, and after confirmation by the City Council shall become a special assessment on the property tax bill. If not paid pursuant to State Law and State Tax Lien Law. the property may be sold to satisfy that obligation. The amount of such claim shall be $456.80 plus interest and Tither costs which may hereafter become due. This filing does not preclude the filing of legal action for' collection. Should s ch actions be required or determined to be appropriate, reasonable legal fees will be incurred and added to said obligation. ! DATED: August 6, 2010 State of California County of San Diego ) SS. ) Ken Osborn, Fire Prevention Services, Inc., Designee for National City Fire Department Certificate Of Acknowledgement On August 6, 2010 before me, Gavin James Broateh, Notary Public, personally appeared Ken Osborn, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument andacknowledged to me that he/she/they executed the same in his/her/their authorized eapacitv(ies), and that by his/her/then signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. r ,--rtify under PENALTY OF PERJURY I MESS iriy hand and ofticia seal. rider the laws of the State of California that the foregoing paragraph is true and correct. OACOMM, # 1323129�t n NOTARY PUBLIC - CALIFORNIA NIA SAN DIEGO COIJNTY 0 -5Z1: , COMM. EXPIRES NOY. 13 2012 (Seal) SUMMARY REPORT FOR APN 556-082-07-00 10/21/10 Initial inspection was made, property was found to be in violation. 10/21/10 Mailed 30 day courtesy notice to the property owner. 1 1/29/10 Re -inspection was made, property was found to be in violation. 11/29/10 Posted property. 11/30/10 Mailed 10 day final notice to the owner, certified mail. 12/15/10 Final inspection was made, property was found to be in violation. 12/16/10 Verified ownership information with the County of San Diego. 01/04/11 Received certified notice returned "unclaimed". 01/06/11 District Official and Inspector met the property owner on -site and explained the violation and granted an extension. 01/27/11 Work order authorization signed by City Official. 02/02/11 F.P.S.I. crews abated the property. 02/03/11 The owner was mailed an Administrative bill at our contracted rates. 02/24/11 The owner was mailed a final bill. 03/18/11 A Notice of Abatement was filed on the property. 06/10/11 The list of Fixed Charge Special Assessments [EXHIBIT "Al and the City Clerk's "NOTICE OF PUBLIC CONFIRMATION OF COSTS HEARING" was served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the property. CITY OF NATIONA I CITY FIRE DEPARTMENT 1243 E. 12th St. : Suite A : NATIONAL CITY, CA. 91950-4596 NOTICE Owner: Ruiz David L Address: 910 Melrose St National City, CA 91950 PUBLIC NUISANCE Parcel Number: 556 082 07 00 Date: 10/21 /20 1 0 Location of Public Nuisance: 910 Melrose St National City 91950 Instructions for Abatement: Please clear the entire property of all weeds, dead vegetation, trash, debris and arundo. All piles ofdead vegetation and debris mtast be removed from the property. (Please maintain any and all grasses below 3 inches year round) You are hereby directed to abate the public nuisance described above. of which you are the occupant or os{ner, within thirty (30) days of l0/21120i0. "Your failure to comply with this order win result in the City having your property cleaned by the City's contractor at your expense (per National City Mbnicipal Code Chapter 1.36. A $350 00 administrative fee will be charged in addition to the contractor's fees to clean the property (per Resolution number 94-97) Violations are also subject t prosecution as misdemeanors. Guidelines For The Abatement of Flammable Vegetaton. For the protection of life and property, remove an brush, tlammable vegetation, or combustible growth which is located from thirty (30) feet to one hundred (100) feet iron such a building or structure or to the property line, whichever is nearer, or as required by the Fire Department, including the maintenance of grass and other vegetation mot than thirty (30) from such building or structure. Cuttings are to be removed from the property"Maid disposed of properly. Vegetation is to be cut within two (2) inches of th ground: "NOTICE REGARDING RARE, THREATENED OR ENDANGERED SPECIES" If you have previously received a notice from the;Cahfornia Department of Fish and Game or the U.S. Fish and Wildlife Services that rare, threatened or endangered species c fish or wildlife have occurred on your property in the areas identified for fuel break clearance, YOU MUST NOTIFY BOTH AGENCIES AND THE NATIONAL CITY FIR] DEPARTMENT IN WRITING AT LEAST TEN (10) DAYS PRIOR TO I3EGINNING VEGETATION CLEARING. IF THESE AGENCIES FAIL TO OBJECT OR NOTIF] YOU OF ANY ALTERNATIVE PROCEDURES WITHIN THOSE TEN (10) DAYS, YOU MAY THEN PROCEED'I'O CLEAR VEGETATION AS DIRECTED I3Y THL NOTICE. Failure to provide notification to"rhese'agencies may render yoti liable under Federal or State Law to penalties. National City Munielpal Code 9.12.010 Public Nuisance Declared-1u General Any of the foifosvmg conditions are hereby declared to Constitute a pantie nuisance. When the Fire Chief or his/her designee determines that there exists in any budcombustible or on any premises cobustible hazardous or explosive materials or dangerous nlations of rubbish; or unnecessary aceumulaions of wastepaper, boxes, shavings, or any highly flammable rnatCrials which are so situated as to endanger life o property; or finds obstructions to or ors fire escapes, stairs, passageways, doors or windows that reasonably tend to interfere with the operations of the fire deparunent or th/ egress of the occupants of such building of premises, or finds that the effectiveness of any exit door, attic separation or any fire separation wall is reduced; or finds that ans provision of the Uniform Fire Code is being violated_ B. When the Fire Chief or his/her designee deems. any chimney, smokestack, stove, oven, incinerator, furnace or other heating device,'eiectric fixture or any appurtenance thereto,, or anything regulated under a nationally recognized standard in or upon any budding, structure or premises not specifically mentioned in the Unit Fire Code, to be defective or unsafe sours to create- a taint -el C. When the Fire Chief or his/her designee finds any condition which to MAIM` Judgment increases or may cause an increase of the hazard or menace of fire to a greater degree that customarily recb nized.as normal by persons, in the public service regularly engaged in preventing, suppressing or extinguishing fire or any dung or ac which may obstruct, delay, hinder or interfere with the operations of the fire department or the egress of occupants in the event of fire.' National City Municipal Code 9.i2.020 Public Nuisance Declared- Needs and Other Flammable Materials All weeds, growing or located upon streets, sidewalks or private property are hereby declared to be a public nuisance. For the purposes of this chapter, "weeds" shall includ the following: A Weeds which bear seeds ofa downy or wingy natuio, B. Sagehr0sh„chaparral, and any other brush orweeds which attain suc C. h large growth as to become, when dry, a fire menace to adjacent improved properly. Wecds which are otherwise itoxioys-or` iangerou D, Poison oak and poson ivy when the`eoi dttions ivf growth arc ouch as to eonstrnne 'menace the Me public health E. Dry glass, stubble. brush, litter, or other fiatnniabie material which endangers the in nb1icsalety by creating a lire hazard in a portion ot'the City which has been zoned for single and multiple residence purposes. NationahCity Municipal Code 1.36.010 Public Nuisance Defined "Public Nuisance" means any condition defined or declared to be a public nuisance in any section of this code, and/or and condition caused, maintained 'or permitted to exis which constitutes a threat to the public's health, safety and welfare or which significantly obstructs, injures or interferes with the reasonable of free.pse of property in t moa neighborhood, community or to any considerable number of persons. A public nuisance also has the same ning as set forth In California Civil Code Section 3479. National City Municipal Code 1.36.060 Abatement- .appeal— Clearing Within ten (10) days from the date of posting; mailing or personal service oldie required notice, the owner or person occupying or controlling such lot or premises affectec may appeal to the City Council Such appeal shall be in writing and shall he filed with the City Clerk hould have any questions, please feel free to call this number; 1-866-779-3774 4 tienealguna pregunta, por favor name al nuniero; 1-S66-779-3774 nang katanungan, tumawag tang posit numerong Ito: 1 S66-779-3774 Sincerely yours in public safety, 1-866-779-3774 ext. 311 or http://firepre "You have the right to appeal this matter to the City Council within ten (10) days of the receipt of this notice. The appeal shall be in writing and tiled with the Cm, Clerk. (NC1v(C 1.36 050) **Fire Prevention Services, Inc is under contract with the City of National City. COMMON QUESTIONS AND ANSWERS' ARE YOU THE CURRENT OWNER OF THIS PROPERTY? Yes HAVE YOU CLEARED THIS PROPERTY SINCE THIS NOTICE?" No DO YOU UNDERSTAND THE INSTRUCTIONS FOR ABATEMENT? Yes HAVE YOU MADE ARRANGEMENTS TO ABATE THE PROPERTY? No WOULD. YOU LIKE THE CITY TO ABATE THE HAZARD FOR YOU? No IF NOT ABATED WITHIN TIME SPECIFIED THE OWNER WILL BE CHARGED A $350.00 ADMINISTRATIVEFEE. PLUS FIRE PREVENTION WILL ABATE. THE OWNER WILL BE BILLED FOR ALL COSTS Yes PROPERTY OWNERS ARE RESPONSIBLE FOR MAINTAINING HAZARD ABATEMENT ON A YEAR ROUND BASIS.., CALL FIRE PREVENT ION 1-866-779-3774 http:Afi repreve nti on_ net CALL FIRE PREVENTION FOR, RE -INSPECTION. 1-866-779-3774 http://fireprevention.net HAVE YOU THOROUGHLY READ THE ABATEMENT INSTRUCTIONS —Yes -Yes Yes r✓r IF YOU DO NOT UNDERSTAND INSTRUCTIONS CALL FIRE PREVENTION. 1-866-779-3774 http://tiireprevention.net CALL FIRE PREVENTION WHEN COMPLETED; FOR RE -INSPECTION. 1-866-779-3774 http://fireprevention.net j1 CALL FIRE PREVENTION FOR ARRANGEMENTS. 1-866-779-3774 http://fireprevention.net IF ARRANGEMENTS ARE MADE PRIOR TO CITY ABATING HAZARD, THE ADMINISTRATIVE 'FEE MAY BE WAIVED. 333 E. 16th Street: National City, CA . 91950-4596 Tractor Mowing. A. per parcel, B• per parcel, C. per parcel, D. per parcel, E Per square sized I to 7,500 square feet sized 7,501 to 15,000 square feet sized 15,001 square feet to 30,00Q sq uarc feet sized 30,001 square feet to one acre foot over one acre Hand Labor A. per square foot of area abated Dozer Operati A. hourly rate B. move -on fee 4. Debris Remediatierr (includes chipping, grinding., and/or shredding) A per cubic yard of material prior to chipping, and or compacting dump fees (reimburse Administrative Fee (failure to comply witft final notice) A. per parcel Attorney Services' A. per parcel; per horn Assessment Fees (includes preparing reports, at A. Cost confirmations' fee, per parcel Miscellaneous Fees A. special inspection tee B. abatement; lien C. Interest on lien (apr) D release ofabatenlent lien E. public notary F. File duplication fee G. Unscheduled Labor per I !. rurscheduled fees ending hearings, etc $250.00 $325.00 $400.00 $450.00 $ 00.02 $ 00.10 $150.00 $150.00 $ 38.00 eat of cost) $350,00 $200.00 $275.00 $ 50.00 $ 5(1.00 10% $ 50,00° $ 20.00 $50.00 $ 50.00 bursernent of cost) CITY OF CITY FIRE DEPARTMENT 1243£� 12tli $t.: Suite -A NATIONAL CITY, CA. 91950-4596 I'INAL NOTICE TO ABATE PUBLIC NUISANCE Owner: Ruiz David L Address: 910 Melrose St National City, CA 91950 Parcel Number: 556 082 07 00 Date: 11 /30/2010 Location ofPublic Nuisance: 910 Melrose St National City 91950 Instructions for Abatement: Please clear tile entire property of all weeds, dead vegetation, trash, debris and arundo. All piles of Beat vegetation and debris must be retni)ved from the property. (Please maintain any and all grasses below 3 inches year round) You are hereby directed to abate the public nuisance described above, of which you are the occupant or owner, within ten (I0) days of t7/30/2010.. **Year failure to comply with this order will result in you being charged the administrative fee and the City having your property cleaned by the City's contractor at your experts (per National City Municipal Code Chapter 1.36). A $350.00 administrative fee will be charged in addition to the contractor's fees to clean the property (per Resolutioi number 94-97), Violations are also subject to proseeutlon as misdemeanors: Guidelines For The Abatement of Flammable Vegetation For the protection of life and property, remove all brush, flammable vegetation, or combustible growth which is located from thirty (30) feet to one hundred (WO) feet fron such a building or structure or to the property line, whichever is nearer, or as required by the Fire Department, including the maintenance of grass and other vegetation lion than thirty (30) EOM such building or structure. Cuttings are to be removed from the property and disposed of properly. Vegetation is to be cut within two (2) inches of tic ground. "NOTICE REGARDING RARE, THREATENED OR ENDANGERED. PECIES" Ryon have previously received a notice Irom the California Department of Fish and Game or the U.S Fish and Wildlife Services that rare, threatened or endangered specie of fish or wildlife have occurred; on your property in the areas identified for fuel break clearance, YOU MUST NOTIFY BOTH AGENCIES AND ThE NATIONAL Gf1.1 FIRE DEPARTMENT IN WRITING AT LEAST TEN (10) DAYS PRIOR TO REGINNING VEGETATION CLEARING IF THESE AGENCIES FAIL TO OBJECT OF NOTIFY YOU OF ANY ALTERNATIVE PROCEDURES WITHIN THOSE TEN t I0) DAYS, YOU MAY THEN PROCEED TO CLEAR VEGETATION AS DIRECTEL BY THIS NOTICE Failure to provide notification to these agencies may render you liable: under Federal or State Law to penalties. National City municipal Cnde 9-12.010 Public Nuisance Declared --In Cenrral Any of the following conditions are hereby declared to constitute a public nuisance: A. When the Fire Chief or his/her designee determines that there exists in any budding or On any premises combustible, hazardous or explosive materials or dangerous accumulations of rubbish', or unnecessary accui nulations ofwa_slepaper, boxes,-shavtnss, or any highly 8arrunabltc materials 'which atCso situated as to en life or property; or finds obstructions to or on fire escapes. stairs, passageways",;doors or windows Mat reasonably tend to interfere with the operations of the fire department or the egress of the occupants of such building of premises, or fiends Char the effectiveness of any exit door, attic separationor any fire separation wall is reduced; or finch that any provision of the Uniform Fire Code is being violated., en the Fire Chief orhis/her designee deems any chimii'ey, smokestack, stove, oven, incinerator, furnace or other heating device, electric fixture of any appurtenance thereto, or anything regulated under a nationally recognized standard in or upon any building,, structure or premises not specificatty mentioned in the Uniforn Fire Code; to be defective or unsafe so as to create a hazard. C. When the Fire Chief or his/her designee finds any condition which in his/her judgment increases or may cause an increase of the hazard or menace of fire to a greater degree that customarily recognized as normal by persons,in the public service regularly engaged in preventing, suppressing or extinguishing tire or any thing_ or ace which may obstruct, delay, hinder or interfere with the operations' of the fire department or the egress ofoccupants the eventafire. ' National CitiMunielpal Code 9,12.020 Public Nuisance Declared —Weeds and Other Flammable 3tateriats All weeds, growing or located upon streets, sidewalks or private property are hereby declared to be ©public nuisance For the purposes of this chapter, "weeds" shall include the following: A. Weeds which bear seeds of a downy or svingynatttre. B Sagebrush, chaparral, and any other brush or weeds which;atia `has C Weeds which are otherwise noxious or dangerous. D. Poison oak and poison ivy when the conditions peg rowth are such as To eonstitute;a menace the the public health. F. Dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire haze which has been zoned for single and multiple residence purposes in such large growK to become. when dry, a fire menu National City Municipal Code 1.36.010 Public Nuisance Defined "Public Nuisance" means any condition defined or declared to be a public nuisance itt any'section of this code, and/or and condition caused, maintained or permitted to exist which constitutes a threat to the public's health_ safety and welfare or which significantly obstructs, injures or interferes with the reasonable of free use of property in is neighborhood, community or to any considerable number of persons' A public nuisance also has the same meaningas set forth in California Civil Code Section 3479. National City Municipal Cnde 1.36.060 Abatement-- Appeal --Hearing Within ten (10) days from the date of posting, mailing of personal service of the required notice, the owner or person occupying or controlling such tot or premises at ected may appeal to the City Council. Such appeal shall be in writing and shall he filed with the City Clerk, If you should have any questions, please feel free to can this number: 1-866-779-3774 Si usted tienealguaa pregunta, par favor !lame al nutpero: 1 866-779-3774 a anumang katanungan, tuma w'ag lang po sa numerong ito: 1-866-779.3774 Sincerely yours in public safety, o adjacent improved property. d in a portion of the City **You have the right to appeal this matter to the City Council within ten (10) days of the receipt of this notice. 1-866-779-3774 eat. 311 or liltp://fireprev (glimmer The appeal shall he in uriting and filed with the City Clerk. (NCMC i 36.050) Fire Prevention Services.'" **Fire Prevention Services, Inc. is under contract with the City of National City. rev 03/27/06, 04/24/06. 0621/06 r3'✓. NATIONAI. CITY FIRE DEPT I2 43 'National Gity Boule NATIONAL ( ,,14. oV !1 " Pastal (IVIED M I Clc; Pkait; Only; No in ;uiJwd Fee tYawepitA,ario: $0;00 $5.54 1id30/2010 556 082 07 00 Ruiz David L 910 Melrose St National City CA 91950 7010 1670 0000 4433 4563 vi1 .11I. 1V t1J.)I1L'2 twner Ruiz David'L address: 910 °Metros St National laity, -CA 91950 4° Parcel Number; 556 082'07 00 Date: 11/30/2010 ^%1tian Of public Nilsa or. ,;�9,Y;Il,.Mvl.rnen st N¢tin..oi !`:♦.. OtACA UN/TGOSTATFS POSTAL SIRWGi O Not Oelwenble 9tt NUI1�bl�'Ppl raw Niwo 2irrlsLrlJut isdrtimid o ted- Not Kr . PT161writ O No Alain AwESTEY O sox Closed No Order O Returned For Better AdJress 101111 U.S. POSTAGE EL CA ON,CA 9020 NOAJMQUNTiC 91951 $5.59oE Addressed May wrW u, • .....-..M _ ��1l11m��711111ii71)PIlt3FlB�17 i7177t�1li Vli li lll.71/11171 F7 �� �A.i �.��L.14' � r ..� v .�.1M1r�w � 333 Lr It #h"St. NATIONAL C!T"Y, CA. 9195O-45 6' Owner: Ruiz David 1, Address: 910 Melrose St National City, CA 91950 Parcel 4556 082 07 00 Authorize Signatur Job location:910 Melrose St National City 91950 Date: �-Z 11 WHEN SIGNED THIS DOCUMENT A ®; 'S RIGHT OF PASSAGEONTO PRIVATE PROPERTY FOR TIIE PURPOSE OF FIRE VIOLATION 1 PUBLIC NUISANCE REINIC'TION OR REMOVAL. METHOD OF CLEARING ntire Parcel Fire Break ` } Hand Cutting: sq. ft. Removal: cu. y Tractor Mowing: sq. ft. Discing: sq. ft. Type: Type: Type: Type: Notes: Please clear the entire property of all weeds. dead vegetation, trash, debris and arundo. All piles of dead vegetation and debris must be removed from the property. (Please maintain any and all grasses below 3 inches year round) vv 0 a r t-SW sa C Ss o as MELROSE O 57 V 5D PN203S5:' PAR4 OR 20 AC..LCT 1 SECOND SAN DIEOO COUNTY ASSESSORS: NAP BOO(PG OS THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY.. NO LIABILITY tS A95UAfED FOR THE ACCURACY IF THEOATA SHOWN. ASSESSOR'S PARCELS YAr NOT COMPLY WITH LOCAL SUBOIYISVJN OR BUILDING ORDINANCES; 56 ♦5, 3 -,4 Se VI R S E149 WIO ST ST 55tr -.-J8 NECOR 20 ALAT 1' gr5 5 -- 4 6 1 05 r' t 7 6. if4 t' 1135 so cl 9 ST 01/t52005 ACR CHANGES fr 8LK OGB,. COT OS'I` a92 oar AR v-45 MWSO 19. 39-47 11LL4S 45 .50' 5 F44 e6, 0 t5;, MAP 1885'— SUNNY ^ HILL MAP 175 JORDAN'S SUB MAP 166 - RANCHO DE LA NAGIQN — POR QSEC ROS 753,13498,15990 31 P.O.13ox 1720 : El Caj'On , CA 92O22=1720 (619) 401§ I$ 3 , #�z (f19) 44S=6336 http://firepre entton.i5 t Ruiz David l 910 Melrose St National City, CA 91950 Parcel ill 556 082 07 00 Location: 910 Melrose St National City 91950 Dear Ruir David 1,, Fire Prevention Services has been contracted by the City o violations thus improving the safety of its citizens. Your property was re -inspected -on 12115/2010 and found to still be in violation of the National City Municipal Code Chapter 1.36, !Ns stated in the notice. iftrre violation is not corrected prior to the deadline you will be charged an administrative fee. National Cityto help reduce'po final inspection was performed on the above referenced parcel, as of 2.121201 1 this parcel is in compliance with the National City Municipal Code Chapter 1.36 Due to the abatement not being completed by the deadline, von are being eharged the administrative fee. Thus far your hill is$350 and ifpaid within Fifteen (15) days of this notice no further costs will be incurred by von. Please make check payable to r.P.S.t. and please include the File it 556 082 07 00 on the check. 1f you ha Sincerely. any questions please call us direct at (619) 401-1863 Fire Prevention Sc r ices, Inc. re v.05: 19;06 (b19) 01-1863 ''t' fax (6l http://firepreve 2/24/2911 Ruiz David 'L 910 Melrose St National City, CA 91950 f: Parcel m 556 082 07 00 Dear Ruiz David L- 1'his is a reminder of the le amount of $350.00 r we sent; you on 2/3/2011 and we have not re. If we do not receive payment within 10 days use be requi these Anonies. ived payjnent in the -ed to seek appropriate action to collect is action may nc] de tiling an abatement lien on your property and fors aig this hill to our collection agency. Under state and local law, costs for such action will be added to your total atnount. Please tender a cheek to us immediately to avoid any further action. u Make your check payable to Fire Preventio l arce] 1` 556 082 07 00 on the check. Serv>iecs,1nc., and inelnde tl Should you need to discuss this matter you may contact us of (619) 401-1863 Sincerely, Fire Prevention Services. Inc. re .0519 06 .; c i2ECOR Fire Preven_., PO 13ox 2012 Alpine, CA 9191 3 (619) 562-1058 fax I.? WHEN RFC-DADE)) MAIL TO Fire Prevention Sen ices, Inc, PO Rox 2012 Alpine, CA 91903-2012 TO THE CURREN OFFICIAL RECt7ADS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES. 0.00 PAGES: 1 111111111111111111111111111111111111101111111111011111111 NOTICE OF ABATEMENT OWNER OF RECORD AND ANY FUTURE OW1\E12S/P .1RCHASl* RS OF THE HEREIN DESCRIBED PROPERTY WHEREAS it was detenii iolation of Chapter 1.3fi of the National City Municipal Code did exist, and WHEREAS such violation was ordered abated on 1 �27.201 1 _ and WHEREAS representatives of the National City Fire Department abated the violation(s) on 22,201I irud WiIEREAS the charge for such abatement amounted to S420.00: THEREFORE be it known that an abatement obligation exists en the property regardless of ov,ner paid. The ctirr owner of the property is Ruiz David L at 910 Melrose St, National City: CA 91950 describcd as follows: A1'N .r 556 082 07 00 ADDRESS: 910 Melrose St fattonal•:City 919 0-- EGAL DESCRIPTION- Rancho De LaNacion M p 50 Et Of 1,V -140FtOfS 1/2Of 1 This abatement obligation shall attach to the property, not the owner, and after confirmation by the City council shall become a spacial assessment on the property tax bill. If not paid pursuant to State Law and State fax Lien Law. the property may he sold to satisfy that obligation. The amount of such claim shall he S420 00 plus interest and other costs which may hereafter become due, This tiling does not preclude the filing of legal action for collection. Should such actions be requited or determined to be appropriate, reasonable legal tees will be incurred and added to said obligation. DATED: Mardi 18, 201 f State of California County of Slim Diego ) SS. Ken "(Jsborn,;F"ire Pr Designee forNation CertitI ate Of Acktrnwtedgenren evtntion Services, Inc. al City Fire Deparmieiit On March 18, 2011 before me, Michelle D. Hizggins,Notary Public. personally appeared Ken Osborn- proved to me on the basis of satisfactory evidence to be the person(s) who e name(s) is/are subscribed to the within instrument and acknowledged to me that he sheithey executed the same in his/her/their authorized captrcity(ies), and that by his/her their signature(s) on the irnstrumerrt the person(s), or the entity upon behalf of which the persons) acted, executed the instrument, 1 certify,- under PENALTY OF PERJURY under the laws of the State of ('aiifirrnia that the foregoing paragraph is true and correct. \ 1TNLSh r d Ml HELIE D. HIGGINS 190I512 2 NotCOMM;ary Puhhc#• C0a o nia T Salt A3e90 County �- P Comm. Eons Au 21. 2014! (Seal) SUMMARY REPORT FOR APN 557-180-32-00 10/12/10 Received citizen complaint. 10/12/10 Initial inspection was made, property was found to be in violation. 10/13/10 Mailed 30 day courtesy notice to the property owner. 11/15/10 Re -inspection was made, property was found to be in violation. 11/15/10 Posted property. 11/16/10 Mailed 10 day final notice to the owner, certified mail. 11/29/10 Final inspection was made, property was found to be in violation. 11/30/10 Verified ownership information with the County of San Diego. 12/14/10 Work order authorization signed by City Official. 12/15/10 Received certified notice returned "unclaimed". 01/11/11 F.P.S.1. crews abated the property. 01/14/11 The owner was mailed a bill at our contracted rates. 01/14/11 A Notice of Abatement was filed on the property. 02/04/11 The owner was mailed a final bill. 06/10/11 The list of Fixed Charge Special Assessments [EXHIBIT "Al and the City Clerk's "NOTICE OF PUBLIC CONFIRMATION OF COSTS HEARING" was served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the property. CITY OF NATIONAL CITY FIRE DEPARTMENT T 1243, E. 12th S nite A : NATJONAL CITY, CA. 91950-4596 ABATE PUBLIC NU Owner. Hinton William E Parcel Number: 557180 32 00 Address: 844 Palm Ave Date: 10/13/2010 National City, CA 91950 Location of Public Nuisance: 844 Palm Ave National City 91950 Instructions for Abatement: Please clear the a entire property of all weeds, dead vegetation, trash, debris and arundo. All piles of dead vegetation and debris must be removed from the property. (Please maintain any and all °grasses;below 3'inches year round) Please remove any tree branches and/or vegetation existing upon or touchingrooftop. Please remove all tree branches that exist within 6 feet from the ground. (Penner trees) Please remove any and all dead trees/bushes) You are hereby directed to abate the public nuisance described above, of which you are the occupant or owner, within thirty (30) days of 10/13/2010. **Tim c, failure to comply with this order will result in the City having your property cleaned by the City's contractor at your expense (per National City Municipal Code Chapter 136 A $350,00 administrative fee will be charged in addition to the_ contractor's fees to clean the property (per Resolution number 94-97) Violations are also subject • prosecution as misdemeanors. Guidelines For The Abatement of Flammable Vegetation For the protection of life and property, remove all brush, flammable vegetation, or combustible growth which is located from thirty (30) feet to one hundred (100) feet trot such a building or structure or to the property tine, whichever is nearer, or as required by the Fire Department, including the, maintenance of grass and other vegetation mot than thirty (30) from such building or structure. Cuttings are to be removed from the property and disposed of properly. Vegetation is to he cut within two (2) inches of a ground. "NOTICE REGARDING RARE THREATENED OR ENDANGERED SPECIES" t you nave previously received a notice from; the California Department of Fish and Game or the U.S Fish and Wildlife Services that rare, threatened or endangered species fish or wildlife have occurred on your property in the areas identified for fuel break clearance, YOU MUST NOTIFY BOTH AGENCIES AND THE NATIONAL CITY FIR DEPARTMENT TNWRITRuG AT LEAST TEN (10) DAYS PRIOR TO BEGINNJNG VEGETATION' CLEARING. IF THESE AGENCIES FAIL TO OBJECT OR NOT1F' YOU OF ANY ALTERNATIVE, PROCEDURES WITHIN THOSE TEN (10) DAYS. YOU MAY THEN PROCEED TO CLEAR VEGETATION AS DIRECTED NOTICE. Failure to provide notification to these agencies may render you liable tinder Federal or State Law to penalties. National Citv Municipal Code 9-12.010 Public Nuisancel)eclared--In General s are hereby declared to constitute a public nuisance' Eire Code- to be dOfectiwe or unsafe so as to ereate a hazard. C When the Fire Chief orr his/her desi nee finds any condition which in his/her judgment increases or may cause an increase of the hazard or mcnace of fire to n greater degree the[ cuslonianly rccogniaed as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or any thing or at which may ohstnict, delay, hinder Or interfere with the operations of the fire department or the egress of occupants in the event of fire. National City Municipal Code 9,12.020 Public Nuisance Declared —Weeds and Other Flammable Materials All weeds, growing or located upon streets, sidewalks or private property are hereby declared to be a public nuisance. Far the purposes of this chapter, "weeds" shaft includ the following: A. When the Fire Chief or hisllter designee determines that there exists in any building or on any premises combustible, hazardous er explosive materials or dartgezous accumulahpns of rubbish; oc unnecessaryaccumulations of wastepaper, loses, shavings, -or any highly flammable materials which are so situated as to endanger life c Properly; to finds obstructions to or on fire escapes, stairs, passageways, doors or windows that reasonably tend to interfere wi h the operations of the file department or th egress of the occupants of stall building of premises; or, finds that the effectiveness of any; exit door, attic separation or any fire separation wall is reduced; er finds that an provision of the Uniform Fire Code is being violated. B. When the Fire Chief, or his/her designee deems any chimney smokestack stove, oven, incinerator, furnace or other' heating device, electric fixture or any appurtenance ti eieta, Or anything regulated under a nationatly recognized standard ,,. .,any building, t eture or premises not specifically mentioned in the Unifan A Weeds which hear seeds of downy or wingy nature. B Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a Ore menace to adjacent improved property, C Weeds which are otherwise noxious or dangerous. D Poison oak and poison ivy when the conditions of growth are such as to constitute a menace the the public health. L Dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard in a portion of the City which has been zoned for single and multiple residence purposes. National Citv Municipal Code 136.010 Public Nuisance Defined "Public Nuisance" mruns any condition defined or declared to be a public nuisance in any section of this code, and/or and condition caused, maintained or permitted to ex which constitutes a threat to the public's health, safety and welfare or whidi significantlyobstructs, injures or interferes with the reasonable of free use of property in neighborhood, community or to any considerable number of persons ;A public nuisance also has the same meaning as set forth in California Civil Code Section 3479. National City Municipal Code 1.36.060 Abatement-- Appeal -Hearing Minn ten 00) days from the date of posting, mailing or personal service of the required nonce, the owner or person occupying or controlling such lot or prernises afr, nay appeal to the City Council. Such appeal shall be in writing and shall be filed with the City Clerk. tf you should have any questions, please feel free to call this number: 1-866-779,3774 Si usted rienealguna pregnant, nor favor (tame al numero: 1-866-779-3774 Sa anuntang katanungan, tumawag fang po`sa numerong ito: 1-866-779-3774 ARE YOU THE CURRENT OWNER OF THIS PROPERTY? Yes HAVE YOU CLEARED THIS PROPERTY SINCE THIS NOTICE? DO YOU UNDERSTAND THE INSTRUCTIONS FOR ABATEMENT? HAVE YOU MADE ARRANGEMENTS TO ABATE THE PROPERTY? WOULD YOU LIKE THE CITY TO ABATE THE HAZARD FOR YOU? IF NOT ABATED WITHIN TIME SPECIFIED THE OWNER WILL BE CHARGED A $350.00 ADMINISTRATIVE FEE, PLUS FIRE PREVENTION WILL ABATE THE OWNER WILL BE BILLED FOR ALL COSTS, —NO--► —Yes CALL FIRE PREVENTION 1-866-779-3774 http:lifireprevention. nt CALL FIRE PREVENTION FOR RE -INSPECTION. 1-866-779-3774 h ttp:llfirepreve noon.net PROPERTY OWNERS ARE RESPONSIBLE FOR MAMNTAINING HAZARD ABATEMENT ON A YEAR ROUND BASIS: HAVE YOU TH0R0LJGHLY READ THE ABATEMENT INSTRUCTIONS YeS IF YOU DO NOT UNDERSTAND INSTRUCTIONS CALL FIRE PREVENTION. 1-866.779-3774 http://fireprevention. n et CALL FIRE PREVENTION WHEN prove COMPLETED FOR RE -INSPECTION; http:llfirereve 1-86 774 nti or CALL FIRE PREVENTION FOR ARRANGENIENTS 1-866-779-3774r http;//fireprevetItion.net IF ARRANGEMENTS ARE MADE PRIOR TO C:TY ABATING HAZARD; THE ADMINISTRATIVE FEE MAY BE WAIVED. 333' E. 16th Street : National City, CA 91950-4596 7. SCHEDULE OF FEES Tractor :Mowing A. per parcel, sized 1 to 7,500 square feet per parcel, sized 7,501 to 15,000 square feet` C. per parcel, sized 15,001 'square feet to 30,000 square D. per parcel, sized 30,001 square feet to one acre E. Per square foot over one acre Hand Labor A. per square foot of area abated Dozer Operation A. hourly rate . move -on fee Debris Remediation (includes chipping, A. per cubic yard of materialprior to B, dump fees Administrative` Fee (failure to comply A. per parcel Attorney Services A. per parcel, per hour eet grinding, and/or shredding) chipping, and or compacting $ 38.00 (reimbursement of cost), $250.00 $32.5.00 $400.00 $450.00 $ 00.02 150.00' $150.00 ith final notice)' assessment Fces; (includes preparing repo Cost confirirzations fee, per parcel 8 1` Iiseellai eons Fecs A, special inspection fee 13: alatement lien C. Interest on lien (apr) D release of abatement lien > . public notate F. File duplication fee G. Unscheduled Labor per man h H. unscheduled fees ur s, a ding hearings et $350.00 $200.00 $2 75.00 $ 50,00 $ 50.00 1 0% $ 50.00 $ 20,00 $ 50.00 $ 50.00 (reimbursement of cost) CITY OF NA T`I( NAL I'T I' FARTT TENT 1243 E..12th St ,Suite A . NATIONAL CITY, CA. 91950-4596 FINAL I OTIC TO ABATE P $I IC N owner; Hinton William E Parcel Number: 557 180 32 00 Address' 844"Palm Ave Date: 11/16/2010 National City, CA 91950 Location of Public Nuisance: 844`Palm Ave National City 91950 Instrtrctions for Abatement: Please clear the entire property of all weeds, dead vegetation, trash, debris and arundo. All piles oL dear vegetation and debris must be removed from the property. (Please maintain any and all grasses below 3 inches year round) Please remove any tree branches`and/or vegetation existing uponor touching rooftop. Please remove all tree branches that exist within 6 feet from the ground. (Pepper trees) Please remove anv and all dead trees/bushes) ISANCE You are hereby directed to abate the public nuisance described above. of which you are the occupant or owner. within ten (10) days of 11/16I2010. "*Your failure to comply with this order will result in you being charged the administrative fee and the City having your property cleaned by the City's contractor at your expens (per National City Municipal Code Chapter 1 36). A S350 00 administrative fee will becharged in addition to the contractor's fees to clean the property. (per Resohitiot number 94.973. Violations are also subject to prosecution as misdemeanors.. Guidelines For The Abatement of Flammableaeoetation For the protection of life and propeny, remove all brush, flammable vegetation, or combustible growth which is located from thirty (30) feet to one hundred (100) feet trim such a building or structure err le the property line, whichever is nearer, or as required by the Fire Department. including the maintenance of grass and other vegetation mor< than thirty (30) front such building or structure Cuttings are to he removed from the property and disposed of properly. Vegetation is to be cut within two (2) inches of ihi ground "NOTICE REGARDING RARE, THREATENED OR ENDANGERED SPECIES" If you have previously received a notice from the California Department of Fish and flame of the U.S. Fish and Wildlife Services that rare. threatened or endangered specie of fish or wildlife have occurred on your propen y in the areas identified for fuel. bread. clearance, YOU UST NOTIFY BOTH AGENCIES AND THE NATIONAL CIT' FIRE DEPARTNIENT IN WRITING AT LEAST TEN (10) DAYS PRIOR TO BEGINNING VEGETATION CLEARING. IF THESE AGENCIES FAIL TO OBSECT OF NOTIFY YOU OF ANY ALTERNATIVE PROCEDURES WITHIN THOSE TEN (10) DAYS, YOU MAY THEN PROCEED' TO CLEAR VEGETATION AS DIRECTEL BY THiS NOTICE, Failure to provide notification to these agencies may render you liable under Federal or State Law to penalties National Citv Municipal Code 9.12.010 Public Nuisance Declared-1n General of the following conditions are hereby declared to eonstihnea public nuisance: A. When the Fire Chief or his/her designee determines that there exists in any building; or on any premises combustible, hazardotas er explosive materials or dangerous accumulations of rubbishy or unnecessary accumulations ofwastcpapet, boxes, shaving, or any highly any materials which are so situated as to endanger life or egrea iy, or finds obstructions to or on fire escapes,: stairs, passageways, doors er windows that reasonably tend to interfere with the operations of the fire dcpartmen� or the egress of the occupants of such budding of premtses; or finds that the effectiveness of any exit door, attic separation or any fire separation wall is reduced; or find: that any provision of [he-Unifurm Fire Code is being violated. 8. When the Fire Chief or his/her designee deems any chimney, smokestack, stove, oven, incinerator, furnace or other heating device, electric fixture or any appurtcnence thereto, or anything unsaf regoulatedasto under createa a hazard. nationally recognized standard in or upon any building, structure. or premises not specifically mentioned in the Uniforn Fire Code, to be defective C LVhen the Fire Chief or his/her designee finds any condition which in his/her judgment increase3-or may cause an increase of the hazard or menace of tire to a greater degree that customarily tecogmzed as normal by persons in the public service regularly engaged ha preventing, suppressing or extinguishing fire or any thing fir ac- which may obstmct. delay. hinder or interfere with the operations of the fire department or the egress of occupants in the event of fire. National City Municipal Code 9.12.020 Public Nuisance Declared —Weeds and Other Flammable Materials All weeds, growing or located upon streets, sidewalks or private property are hereby declared to be a public nuisance For the purposes of this chapter, "weeds" shall include the following; �. V,tecdt which bear seeds of a downy or wingy nature 13. Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry; a fire menace to adjacent improved property. G. Weeds which are otherwise noxious or dangerous. 4. Poison oak and poison ny when the conditions of.gro stb r ro such as to constitute aMenaet the the public health. E. Dry grass, stubble, brush, litter, or other flammable material ishich endangers the public saFetp by creating a fire hazard in a portion of the City which has been zoned for single and multiple residence purposes National Citv Municipal Code 1.36.010 Public Nuisance Defined "Public Nuisanee' means any condition defined or declared to be a public nuisance in any section of this code, and/or and condition caused, maintained or permitted to exist which constitutes a threat to the public's health, safety and welfare or which significantly obstructs, injures or interferes with the reasonable of free use of property in a neighborhood, community or to any considerable number of persons. A public nuisance also has the same meaning as set forth in California Civil Code Section 3479. National Citv Municipal Code 1.36.060 Abatement-- Appeal —Hearing Within ten (10) days from the date of posting, mailing or personal sexy ice of the required notice, the owner or person occupying or controlling such lot or premises affected inpeal to the City Council. Such appeal shall he in writing and shall be tiled At ith the City Clerk. .,rya should' have any questions, please feel free to call this number: 1-866-779-3774 Si aimed tienealguna pregunta, por favor name al nulnero: 1-866-779-3774 Sa,anumang I:arannngan, tumawag lang po sa nurnerong Ito: 1.866-779-3774 Sincerely yours in public safety, "You have the right to appeal this matter to the City Council within ten (10) days of the receipt of this a Uf7 m isit, our 4 lbsi 4 �aV ##5 C. at t 12t1 coeKlre Fee Refum,ElnGeOl Feo • (Endorsement Ilequirt,d) Rectnrtetl fie.+ry f. • Endorstisnrrt Required) N Q a N Track & Confirm 'o?n1-Pr. ex pc-)& $5,54 557 180 32 00 Hinton William E 844 Palm Ave National City CA Search Results Label/Receipt Number: 7010 1670 0000 4433 4501 Expected Delivery Date: November 17, 2010 Class: First-Claes Mail® Service(s): Certified Mail" Return Receipt Status: Notice Left 91950 We attempted to deliver your item at 3:14 pm on November 17, 2010 in NATIONAL CITY, CA 91.950 and a notice was left. You may pick up the item at the Post Office indicated on the notice, go to www.usps.com/redeliver, or call 800-ASK-LISPS to arrange for redelivery. If this item is unclaimed after 15 days then it will be retumed to the sender. Information, if available, is updated periodically throughout the day. Please check again later. Detailed Results: • Notice Left, November 17, 2010, 3:14 pm, NATIONAL CITY, CA 91950 • Acceptance, November 16, 2010, 3:28 pm, EL CAJON, CA 92020 Track & Confirm Enter Label/Receipt Number. Notification Options f' C �� `4It... 1% Owner: Hinton 4Villianr E Address: 844 Palm Ave National City, CA 91150 Parcel #557 180.32 00 Job location:844 Palm Ave National City 9 Signature: 950 WHEN SIGNED THIS DOCUMENT ALLOWS RIGHT OF PASSAGE ONTO PRIVATE PROPERTY FOR THE PURPOSE OF FIRE VIOLATION./PUBLIC NUISANCE REDUCTION OR REMOVAL. METHOD OF CLEARING Entire Parcel ire Break Hand Cutting: 1tln„ , sq. ft. Removal: yds. Tractor Mowing Crew Type Type: Type: lope sq. ft. Discing: sq. fi. Notes: Please clear the entire property of all weeds, dead vegetation, trash, debris and arundo. All piles of dead vegetation and debris must be removed liom the property. (Please maintain any and all grasses below 3 inches year round) Please remove any tree branches and/or vegetation existing upon or touching rooftop. co 06 SAN 111EGO C OUMTT PSSESSORS MAP ROOK ;SST. PAGE .E B- .__ fG++T-Hr is6A `k NmY,'E TINS MAP WAS PREPARED SSA ASSESSMENT PURPOSES ONLY, NO LIASSIIY IS ASSUMES FOR TMEACCURPCTOE TKE OAT& AHCNMAcuc'pRS PARCELS NAY Rai LOAIPLY IMTH LCCA. SW S NS,OV OP ;MUMS OPIRRANCES O!R At PORN 40 AC. hl: MAP 14619 - PARADISE HOMES MAP 166 — RHO DE LA NACION — POR QSEC I32 ROS 11345 1 CHAN /8; ' s• yy'1all �-�,8n ra«. .3542"0:''81 Work space for diagrams and amoun,t,of work done Gm9YA Bo1"72 E1,: Cajon, CA 92022-1720 (619) 4OEI 863 fax (619) 445-6336 I ttp:/lfireprevYent on.net inton William E 844 Paitn Ave National City. CA 91950 Parcel557 18032 00 Location: 844 Palm Ave National City 91950 Dear Hinton William E, This letter is to inform you that the Public Nuisance on the above referenced property was abated Pursuant to a prior Notice to Abate and order of the City of National City. ire Prevention Services %vas contracted by the City of National Ci potential fire violations thus improving the safety of its citizens. o help- reduce Publ c Nuisances and The abatement work on your property was performed as mandated by The National City Municipal Code Chapter 1.36. The charges thus far total $1 5,696.68. You will incur no further costs if this amount is paid within fifteen (15) days of the date of this notice. Failure tc pay this bill ni y -suit in the Ming of an abatement lien upon you Please make your check payable to Fire Prevention Services and include the Parcel 557 180 32 00 on the check, If you have any questions please call us direct at 619-401-1863, Sincerely, Fire Prevention Services, Inc, rev.05/ 19/06 property. TY SCHEDULE OF FEES Tractor Mowing *; per parcel, sized 1 to 7,500 square feet $250-.00 per parcel, sized 7,501 to`15,000'square feet $325.00 C. per parcel, sized 15,001 square feet to 30000 square feet $400.00 D. per parcel, sized 30,001 square feet to one acre $450.00 E. per square foot over one acre $00.02 sq. fr. Hand Labor A. per square foot of area abated Dozer Operation A. hourly rate B. move -on fee S0.10 16,2Of)' sq. ft. 1620.00 $150.00 $150.00 Debris Remediation (includes chipping, grinding, and/or shredding) �. per cubic yard of material prior to chipping, and or compacting $38.00 X 354.03 cu.yds =13,45 .14 B. dump fees (reimbursement of cost) 5 273.54 Administrative Fee A. per parcel .torney Services A. per parcel, per hour $20000 Assessment Fees (ineludespreparing reports, attending hearings, etc.) A, cost confirmation fee, per parcel $275.00 ailure to comply by deadline of notice) $350.00 1 350.00 Miscellaneous Fees Per Parcel A. special inspection fee B. abatement lien C, Interest on lien (apr) D. release of abatement lien E. public notary F. file duplication fee G. unscheduled Labor perinan hour 1I. unscheduled fees $50.00 $50.00 1 0% $50.00 $20,00 $50.00 $50.00 (reimbursement of cost) FILE # 2765 APN 4 557-180-32-00 TOTAL S 15.696.68 P.U. Box1720 : El Cajon, CA'92022-1720 (619) 401-1863: fax (6191'445-6336 Final Bill Hinton William E 811 Palm Ave National City. CA 91 950 Ref: Parcel # 557 1.80 32 00 Dear Minton William 1. This is a reminder of the letter' we sent you amount of $15.696.68 2011 and have no eceived payment in the If we do not receive payment within 1t) days we will be required to seek appropriate action to collect these monies, This action may include tiling an abatement lien on your property and forwarding this bill to our collection agency. Under state and local law. costs for such action will be added to your total amount. Please tender a check to us irnincdiately to avoid any further action. Make your check payable to Fire Prevention es, Inc., and include the Parcel # 557 180 32 00 on the check. Should you need to discuss this matter you may contact us at (619) 401:-1863. Sincerely_ Fire Prevention Services. inc. rev,05/E9 06 RECORDING REQUI Fire Prevention Service I'O Box 2012 Alpine, CA 91903-2012 (619) 562-1058 fax (619)445-6336 AND WHEN RECORDED MAIL TO Fire Prevention Services, Inc. ri'.'PO Box 2012 tf Alpine. CA 91903-2012 JAN 14, 2011 1;43 PM OFFICIAL RECORDS SAN DIEGO COUNT' RECORDER'S OFFICE Ernest,'_ Dtonenburg, Jr., COUNTY RECORDER FEES- 0.00 PAGES • I IIIIII IIIII IIII I I III IIIII II11II11111lt1111l llll lllI UM 11111II11I i111111I NOTICE OF' ABATEMENT TO THE CURRENT OWNER OF RECORD AND ANY FUTURE OWNERS/PURCHASERS OF THE HEREIN. DESCRIBED PROPERTY WHEREAS it was determined that a violation of Chapter 1.36 of the National City Municipal Code did exisi, and WHEREAS such violation was ordered abated on 1214'2010. and WHEREAS representatives of the National City Fire Department abated the violations) on 1 i 1 201 1, and WHEREAS the charge for such abatement amounted to S 15.766.68; THEREFORE be it known that an abatement obligation exists on the property regardless of owner until paid 11ae owner of the property is Hinton William E at 844 Palm Ave, National City, CA 91950 described as follows: APN 7f557 1803200 ADDRESS: 844 Palm Ave National City 91950 EGAL DESCRIPTION: Rancho De La Nacion Morrill Map (ExSt Sc St Wid)S 100 Ft Of Neq Of Neq This abatement obligation shall attach to the property, not the owner, and after confirmation` by the City Council shall bcc me a special assessment on the property tax bill_ If not paid pursuant to State Law and State Tax: Lien Law, the property may he sold to satisfy that obligation. The amount ofsuch claim shall be $15,766.68-plus interest and other costs which may hereafter become due. This filing does not preclude the filing of legal action for collection. Should such actions he required or determined to be tappropri oe. reasonable legal fees will be incurred and added to said obligation. DATED: January 14, 2011 State of California ) SS. County of San Diego BY: Ken Osborn, Fire Prevention Services, Inc., Designee for National City Fire Department Certificate Of Acknowledgement On January 14, 2011 before me, IvlichelleD. Hiegins,Notary Public, personally appeared Ken Osborn_ who proved to me an the basis of satisfactory evidence to be the person(s) whose name(s) is!are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his'heritheir authorized capacitv(ies), and that by his'her,their signature(s) ' on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PLNALTY OF PERJURY under tic laws ofthe State of California that the foregoing pal acuiph is true and correct. MICHELLE D. HIGGINS COMM, #19OO612 z Notary Public - California (Seal) San Diego County Comm. Ernes Aug. 21_ 2014r SUMMARY REPORT FOR APN 557-180-37-00 06/22/10 Initial inspection was made, property was found to be in violation. 06/23/10 Mailed 30 day courtesy notice to the property owner. 07/27/10 Re -inspection was made, property was found to be in violation. 07/27/10 Posted property. 07/28/10 Mailed 10 day final notice to the owner, certified mail. 07/30/10 Received signed certified return receipt. 08/09/10 Received certified notice returned "attempted not know". 08/10/10 Final inspection was made, property was found to be in violation. 08/11/10 Verified ownership information with the County of San Diego. 08/25/10 Work order authorization signed by City Official. 09/03/10 F.P.S.I. crews abated the property. 09/08/10 The owner was mailed a bill at our contracted rates. 09/10/10 Received bill returned "attempted not know". 09/22/10 The owner was mailed a final bill. 09/22/10 A Notice of Abatement was filed on the property. 06/10/11 The list of Fixed Charge Special Assessments [EXHIBIT "A" l and the City Clerk's "NOTICE, OF PUBLIC CONFIRMATION OF COSTS HEARING" was served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the property. 76 140 E. 12th St. : Suite A : NATIONAL CITY, CA. 91950-4596 NOTICE TO ABATE PUBLIC NUISANCE Owner: Li Zhiwef Address: 1498 13th St # 193 Imperial Beach, CA 91932 Parcel Number: 557180 37 00 Date: 6/23/2010 Location of Public Nuisance: 805 N Ave National City 91950 instructions for Abatement: Please clear the entire property of all weeds, dead vegetation, trash. debris and arundo. All piles of dead vegetation and debris must be removed from the property. (Please maintain any and all grasses below 3 inches year round) You are hereby directed to "abate the public nuisance described above, of which you are the occupant or owner, within thirty (30) days of 6/23/2010. "Your failure to comply with this order will result in the City haying your property cleaned by the City's contractor at your expense (per National City Municipal Code Chapter 1.36) A $35000 administrative fee will be charged in addttion to the contractors fees to clean the property (per Resolution number 94-97). Violations are also subject to prosecution as misdemeanors. Guidelines For The Abatement of Flammable Vegetation For the protection of life and property, remove all brush, flammable vegetation, or combustible growth h uhich is located from thins, (30) feet to one hundred (100) feet born such a building or structure or to the property line, whichever is nearer, or as required by the Fire Department, including the maintenance of grass and other vegetation more than thirty (30) from such building or structure Cuttings are to be removed front the property and disposed of properly. Vegetation is to be cut within two (2) inches of the ground. NOTICE REGARDING RARE, THREATENED ORENDANCERED SPECIES" If you have previously received a notice from the California Department of Fish and Game or the U.S. Fish and Wildlife Services that rare, threatened or endangered species of Fish or wildlife have occurred on your property m the areas identified for fuel break clearance, YOU MUST NOTIFY BOTH AGENCIES AND THE NATIONAL CITY FIRE DFPAR fMENT IN WRITING AT LEAST TEN (10) DAYS PRIOR TO BEGINNING VEGETATION CLEARING, IF THESE .AGENCIES FAIL 1'O OBJECT OR NOTIFY YOU OF ANY ALTERNATIVE PROCEDURES WITHIN THOSE TEN (10) DAYS, YOU MAY THEN PROCEED TO CLEAR VEGETATION AS DIRECTED BY PHiS NOTICE, Failure to provide notification to these agencies may render star liable under Federal or State Law to penalties. National City Municipal Code 9.12.010 Public Nuisance Declared —In General Any of the following conditions are hereby declared to constitute a public nuisance: When the Fire Chief or his/her designee determines that there exists in any building or on any premises combustible, hazardous or explosive materials or dangero ttlations of rubbish; or unnecessary accumulations of wastepaper, boxes, shavings, or any highly flammable materials which are so situated as to endanger life r,. property: or finds obstructions to or on fire escapes, stairs passageways, doors or windows that reasonably tend to interfere with the operations of the fire department or the egress of the occupants of such buildins of premises; or finds that the effectiveness of any exit door, atti; separation or any tire separation wall is reduced; or tnds that any provision of the 1lniforrri Fire Code is being violated B. When the Fire C,'htef or his/her designee deems any chimney, smokestack, stove, oven.: incinerator, furnace or other treating device, electric fixture or any appurtenance thereto, or anything regulated under a nationally recognized standard in or upon any building, structure or premises not specifically mentioned in the uniform Fire Code, to be defective or unsafe so as to create a hazard C When the Fire Chief or his/her designee finds any condition which in his/her judgmentinereases or may cause an increase of the hazard or menace of fire to a greater degree that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or any thing or act which may obstruct, delay, hinder or interfere with the operations of the fire department or the egress of occupants in the event of fire. National' City hlunieinal Code.9.12A30 Public Nuisance Declarer] --Weeds and Other Flammable Materials All weeds, growing or located upon streets, sidewalks or private property are hereby declared to tic a public nuisance. For the purposes of this chapter, "weeds" shall irse ude the following' A weeds which bear seeds of a downv or w,ingv nature. B. Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent nrtprovett property. L. Weeds which are othersvise noxious or dangerous. D. Poison' oak and poison ivy when the conditions o€growth are such as to constitute a menace the the public health. E. Drhy gchrass, stubble, brash, Jitter, or other flammable material which endangers the public safety by creating a fire hazard in a portion of the City ihas been zoned for single and multiple residence purposes. National City Municipal Code 1.36.010 PublieNuisance Defined Public Nuisance means any condition' defined or declared to be a public nuisance in any sectton of this Code, andtor and condition caused, maintained or permitted to exist ,uhich constitutes a threat to the public's health, safety bnd welfare or which srgnifrcantly obstructs, Injures or interferes with the reasonable of free use of property iu a neighborhood, corrnmumty or to any considerable number of persons. A public nuisance also has the same meaning as set forth in California Civil Code Section 3479. National City Municipal Code 1.36.069 Abatement --Appeal— Hearing 4Gitlrin ten (I0) days from the date of posting, mailing or personal sets ice of the required notice, the owner or person occupying or controlling such lot or premises affected nay appeal to die City Council Such appeal shall be in writing and shall be filed with the City Clerk. If you should have any questions, please feel tree to call this number: 1-866-779-3774 cd tieneatguna pregunta, por favor flame al numero: 1-$66-779.3774 vmang katannngan, tumnwag lang po sa numerong ito: 1 866-779-3774 vincerelypours in public safety, I-866-779-3774 ext. 311 or http://firepreventton.net Sire Prevention Services**. You have the right to appeal Airs matter to the City Council within ten (10) days of the receipt of ibis notice The appeal shalt be in writing and filed with the City Cler k. (NCMC 1 36 050) **Fire Prevention Services, Inc. is under contract with the City of National City_ ^-7 / NATIONAL CITY FIRE DEPARTMENT COMMON QUESTIONS AND ANSWERS ARE YOU THE CURRENT OWNER OF THIS PROPERTY? Yes 1 • HAVE YOU CLEARED THIS PROPERTY SINCE THIS NOTICE? No DO YOU UNDERSTAND THE INSTRUCTIONS FOR ABATEMENT? Yes • HAVE YOU MADE ARRANGEMENTS TO ABATE THE PROPERTY? WOULD YOU LIKE THE CITY TO ABATE THE HAZARD FOR YOU? N PROPERTY OWNERS ARE RESPONSIBLE FOR MAINTAINING HAZARD ABATEMENT ON A YEAR ROUND BASIS. No Yes CALL FIRE PREVENTION 1-866-779-3774 http://fireprevention.net CALL FIRE PREVENTION FOR RE -INSPECTION. 1-866-779-3774 http://fireprevention.net No-♦ HAVE YOU THOROUGHLY READ THE ABATEMENT Yes - INSTRUCTIONS No T IF NOT ABATED WITHIN TIME SPECIFIED THE OWNER WILL BE CHARGED A $350.00 ADMINISTRATIVE FEE. PLUS FIRE PREVENTION WILL ABATE. THE OWNER WILL BE BILLED FOR ALL COSTS Yes Yes IF YOU DO NOT UNDERSTAND INSTRUCTIONS CALL FIRE PREVENTION. 1-866-779-3774 http://fireprevention.net CALL FIRE PREVENTION WHEN COMPLETED FOR RE -INSPECTION. 1-866-779-3774 http://fireprevention.net CALL FIRE PREVENTION FOR ARRANGEMENTS. 1-866-779-3774 http:llfirepreve ntio n.net IF ARRANGEMENTS ARE MADE PRIOR TO CITY ABATING HAZARD, THE ADMINISTRATIVE FEE MAY BE WAIVED. 333 E. 16th Street : National City, CA : 91950-4596 CITY OF NATIONAL CITY SCHEDULE OF FEES '1'ractor Mowing A. per parcel, sized 1 to 7,500 square feet B. per parcel, sized 7,501 to 15,000 square feet C. per parcel, sized 15,001 square feet to 30,000 square feet D. per parcel, sized 30,001 square feet to one acre E. Per square foot over one acre Hand Labor A. per square foot of area abated 3. Dozer Operation A. hourly rate B. move -on fee $250.00 $325.00 $400.00 $450.00 $ 00.02 $ 00.10 $150.00 $150.00 Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $ 38.00 B. dump fees (reimbursement of cost) 5. Administrative Fee (failure to comply with final notice) A. per parcel 6. Attorney Services A. per parcel, per hour $350.00 $200.00 7. Assessment Fees (includes preparing reports, attending hearings, etc.) A. Cost confirmations lee, per parcel $275.00 Miscellaneous Fees A. special inspection fee B. abatement lien C. Interest on lien (apr) D release of abatement lien E. public notary F. File duplication fee G. Unscheduled Labor per man hour H. unscheduled lees $ 50.00 $ 50.00 10% $ 50.00 $ 20.00 $ 50.00 $ 50.00 (reimbursement of cost) 140 E. 12th St. Suite : NATIONAL. CITY, CA. 91950-4596 FINAL NOTICE TO ABATE PUBLIC NUISANCE er: Li Zhiwei Parcel l urn1>er: 557 18037.00' ess. 1498 13thSt # I93 Date: 7728/2010 Imperial Beach, CA 91932 Location of Public Nuisance: 805 N Ave National City 91950 Instructions for Abatement: Please clear the entire property of all weeds. dead vegetation, trash, debris and arundo. All pi/ es of dead vegetation and debris must be removed froni the property. (Please maintain anv and all grasses below 3 inches year rotind) You are hereby directed to abate the public nuisance described above, of n huh you are the occupant or owner, within ten (10) days of 7/28/2010. "Your failure to comply with this order will result in you being charged the administrative fee and the City having your property cleaned by the City s contractor at your expense (per National City Municipal Code Chapter 1.36). A S350.00 administrative fee will he charged in addition to the contractor's fees to clean the property (per Resolution number 94-97). Violations are also subject to prosecution as misdemeanors. Guidelines For The Abatement of Flammable Vegetation For the protection of life and property, remove all brush, flammable vegetation, or combustible growth which is located from thirty (30) feet to one hundred (100) feet from such a building or structure or to the property line, whichever is nearer, or as required by the Fire Department. including the maintenance of grass and other vegetation merer than thirty (30) from such building or structure Cuttings are to be removed from the property and disposed of properly; Vegetation is to be eat ixithin two (2) inches of the ground. ' :NOTICE REGARDING RARE, THREATENED OR ENDANGERED SPECIES" If you have previously received a nonce from the California Department of Fish and Game or the U S. Fish and Wildlife Services that rare, threatened or endangered species of fish or wildlife have occurred on your property in the areas identifiied'Ibr fuel break clearance, YOU MUST NOTIFY BOTFI AGENCIES AND 'IFIENATIONAL CITY FIRE DEPARTMENT IN WRITING AT LEAST TEN (10) DAYS PRIOR TO BEGINNING VEGETATION CLEARING IF THESE AGENCIES FAIL TO OBJECT OR NOTIFY YOU OF ANY ALTERNATIVE PROCEDURES WITHIN THOSE TEN (10) DAYS, YOU MAY THEN PROCEED 10 CLEAR VEGETATION AS DIRECTED BY TIIIS NOTICE. Failure to provide notification to these agencies may render you liable under Federal or State Lain to penalties. National City'Ylunicipal Code 9.12 010 Public Nuisance Declare 1-InGeneral: Any of the following conditions are hereby declared to constitute a public nuisance: A. When the Fire Chief or his/her designee deteri}tines that there exists in any building or on any premises combustible, hazardous or explosive materials or dangerous accumulations of rubbish; or unnecessary aecumahations of -wastepaper, boxes, shavinga or any highly flammable materials which are so situated as to endanger aperty; or finds obstructions to Or on fire escapes, stairs, passageways, doors or windows that reasonably tend to interfere wait the operations of the fire department less of the occupants of such building of premises or finds' that the effectiveness of any exit door, attic separation or any fire separation wall is reduced: or finds provision of the Uniform Fire Code is being violated When the Fire Chief or his/her designee deems any ehintpey, smokestack, stove, oven, incinerator, furnace or other heating device, electric fixture or any appurtenance thereto, or anything regulated under a nationally recognized standard in or upon any building, structure or premises not specifically mentioned in the t_inilorrat Fire Code, to be defective or unsafe so as to create a hazard. C. When the Pire Chief or his/her designee finds any condition which in his/her judgment` increases Of may cause an increase of the hazard or menace of fire to a greater degree that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or any Ming or act which may obstruct, delay_ hinder or interfere with the operations of the Pre department or the egress ofoecupanbs in the event of fire National City Municipal Code`9.12.020 Public Nuisance Declared--3Veedg and Other Flammable Materials All weeds, growing or Located upon streets, sidewalks or private property are hereby declared to be a public nuisance. For the purposes of this chapter, "weeds" shall include the following Weeds which bear seeds of a downy or'winev nature. B. Sagebrush, chaparral, and any other brush or weeds which attain such lar_Qe growth as to become, i teen dry. a fire menace to adjacent unproved property. C. Weeds which are otherwise noxious or dangerous, ➢. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace the the public health Dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard in a portion of the City which has been zoned for single and multiple residence purposes. National City Municipal Cade 136.010 Public Nuisance Defined 'Public Nuisance' means any conditton defined or declared to be a public nuisance in section bf this code, and/or and condition caused. maintained or permitted to exist which constitutes a threat to the publics health, safety and welfare or which significantly obstructs, injures or Interferes with the reasonable of free use of property in a neighborhood. mrnmumty or to any considerable number of persons. A public nuisance also has the same meaning as set forth in California Civil Code Section 3479, National City 'MunieinalCode 1.36.060 Abaternent- Appeal— Bearing Within ten (t0) days from the date or posting, mailing or personal service of the required notice. the owner or person occupying or controlling such lot or premtscs affected may appeal to the City Council Such appeal shall be in writing and shall be filed with the City Clerk, If you should have any questions, please feel free to call this number 1-866-779-3774 SI aided tienealguna pregunta, por favor name al'numero: 1-866-779-3774 So am)mang katanungan, tmnawag tang po sa numerongfto: 2-g66"779-3774 vows in public safety, "'You have the right to appeal this matter to the City Connell within ten (10) days of the receipt of this notice. 1-866-779-3774 ext. 311 or irttp:/Tfrepresention.net The appeal shall be in writing and filed with the City Clerk. (NCh4C 136.Oa0) ***Fire Prevention Services, Inc. is under contract with the City ot National City_ Fire Preveniinn Services*** rev 03/27/06, 0424/06, 061121/06 pf U.S. Postal ServIteim CERTIFIED 'WAIL," RECEIPT , mestio Med Olds, No Insurance Coverage Pravided) , V.dafl ifitorruottori it our wobtlte tit orwormuckt.00mo :.U. • t Prxtmcp) . „ • Corflfiorl Fee . • •4=I :Rf,tur, flIl Fe ,(tneersentfiequifee). itieted Oeftvery Fee,. .1t1 IEnciereernefe'Regeiretiv. Er - ‘i"catal-Pi.-- • 15154 557 180.3700 • • Li Zn mei 1498 13th--St-#13 A, Imperial Beach5.- CA 91932 lidOti0140h-,#i01reveki0. , •• • , • •• • , .9.1932 $2.30 $1)*00 COMPLETF THIS grOVON ON DFLIVENY •�strdr, ' 4. kestrfated• DOIlvery7(Ertra Feu) 0 Yes ".?1E19..;'..':096 ..00013 :9714.6 • • . 1.■ „32710..IN 444?''' • PMINIONIMPINMOINIONINI• —lemoolimalimoome 111111111111111110111111111111110 0960 0000 5257 9946 333 E. 16th St. OiATJOlsTAL`CITY, CA. 9'1950-4596 Owner: Li Zhiwei Address: 1498 13th Se # 193 Imperial Beach; CA 91932 Parcel 4557 180 37 00 Authorized $} Signatui Authorization # 2675 Job location:805 N Ave Tonal; City 91950 Date: 9) ,. HEN S1CNED THIS DOCUMENT ALLOWS ttlt,NT OF PASSAGE ONTO PRIVATE PROPERTY FOR THE PURPOSE OF FIRE VIOLATION / PUBLIC NUISANCEREDUCTION OR REMOVAL. ME II IOD OF CLEARING Entire Parcel Fire Break Hand Cutting: sq. ft. Removal:'cu. yds. Tractor Mowing: sq. ft. Discing: _sq. f`t Crew Type: Type: Type: Type: CREW INFORMATION Date Notes; Please clear the entire property of all weeds, dead vegetation, trash, debris and arundo. All piles of dead vegetation and debris must be removed from the property, (Please maintain any and all grasses below 3 inches year round) c 06 - SAS. DIEGO:'COunry ASSESSORSMAP B00R isz. PAGE la:. - — — EIGH- IJ '4.t4619!"61 'NHS. NAP VOL PR EPAREC FDR ASSES5NENTPURPDSE$ ONLY NO LUBN'Y i$ ASSUMED FOA THE AccuPACY 0='Hc 0,0A SH0*ti ASSESSORSRARCE=S MAY NOT COMPLY tMnT LOCA. SORL.i1s0017 OR E,ADIIG000IW ,CES 1 e I "'...... —S-FRECT- — --^ V' I N fl'c.• 114x:ia01 �a1Se ,. ur 9 TH ST MAP 14619 - PARADISE, HOMES MAP 166 RHO DE LA NACION — POR OSEC 132 ROS 11345 MG. 417.1 MCEIMITOE INIZZIAIVAMEEN 1111111111111112 011111111151 li®rim 11 110111111111111111111119111 ESEINIMIN INUMBIEMBRIMEN ginississumat mosausto 111111NISIMISIME namommusiss emnimminetum 11111151111111111111111 111111111111111011111111 EMININUMMIN 811111111111111131151 Work spaoc for dfdsrprn And amvunt,ofwork done Hand Sq,F►„ �j Tractor • F,' Total Rernvvsl Cu Yd., : 4c44 ' -- • abgallaVSZOAti---*4.(3 ajon, CA 92022-1720 (619) 445-6336 7firepreveiition.net 9/8/2010 Li Zhiwei 1498 13th St#193 Imperial Beach, CA 91932 Parcel # 557 180 37 00 Location: 805 N Ave National City 91950 Dear Li Zhiwei, This letter is to inform you that the Public Nuisance on the above referenced property was abated pursuant to a prior Notice to Abate and order of the City of National City. Fire Prevention Services was contracts, the City t"'National City to help reduce Public Nuisances and r'al fire violati. ins thus improving the safety of . - citizens. The abatement work on your property was performed as mandated by The National City Municipal Code Chapter 1.36. The charges thus far total $1,415.50. You will ineur no further costs if this amount is paid within fifteen (15) days of the date of this notice. Failure to pay this bill may result in the filing of an abatement lien upon your property. Please make your eheck payable to Fire Prevention Services and include the Parcel # 557 180 37 00 on the check. If you have any questions please call us direct at 619 401-1863. Sincerely, Fire Prevention Services, Inc. rev.05/1'9/06 NATIONAL CITY SCIIEI)ULE OF FEES l< Tractor Mowing quantity sub total A. per parcel, sized I to 7,500 square feel $250.00 B. per parcel, sized 7,501to 15,000 square feet $325.00 C. per parcel, sized 15.001 square feet to 30,000 square feet $400.00 D. per parcel, sized 30,001 square feet to one acre $450.00 E. per square foot over one acre $00.02 sq. ft. Hand Labor A. per square foot of area abated Dozer Operation A. hourly rate B. move -on fee S0.10 1235 sq. rt: 123.50 $150.00 $150.00 Debris Remediation (includes chipping, grinding, and/or shredding) A, per cubic yard of material prior to chipping, and or compacting $38,00 X 24 cu.yds =912.00 B. dump fees (reimbursement of cost) 1 30.00 Administrative Fee (failure to comply by deadlin" '"`notice) per parcel Attorney Services A. per parcel, per hour Assessment Fees (includes preparing reports. a A. cost confirmation fee, per parcel ending hearings etc.) i350.00 $200.00 0 Miscellaneous Fees Per Parcel A. special inspection fee $50.00 13. abatement lien $50.00 C. Interest on lien (apr) 10%0 D. release of abatement lien $50.00 E. public notary $20.00 F. file duplication fee $50.00 O. unscheduled Labor per man hour $50.00 33. unscheduled fees (reimbursement of cost) FILE # 2675 APN # 557 180 37 00 TOTAL $ 1415,50 350.00 P.O. Box 1720 : El Cajon, CA92022-1720 (619) 401-1863 fax (619) 445-6336 http://fireprevention'.net Final Bill` 9/22/2010 Li Zhiwei 1498 13th St #193 Imperial Beach. CA 91932 Ref- "Parcel # 557 180 37 00 Dear Li Lhiwei, This is a reminder of the letter amount of $1,415.50 If we do not receive payment within these monies. e have not received payment in the be required to seek appropriate action to collect This action tnay' include filing an abatement lien on your property and forwarding this bill to our collection agency. Under state and local law, costs for such action be added to your total amount. Please tender a check to us immediately to avoid any further. action. Make your check payable to Fire Parcel # 557 180 37 00 on the the revention Services, Inc,, a k. Should you need to discuss this mat Sincerely, Fire Prevention Services, Inc. rev.05i 19/O6 er you ntai ontact us a d include the (619) 401 80.' RECORDING REQUESTED BY Fire Prevention Services, Inc. PO Box 2012 Alpine, CA 91903-2012 019) 562-1058 fax (619) 445-6336 AND WHEN RECORDED MAIL TO Fire Prevention Services, Inc. PO Box 2012 Alpine, CA 91903.20I2 NOTICE OF ABATEMENT TO THE CURRENT OWNER OF RECORD AND ANY FUTURE OWNERS/PURCHASERS OF THE HEREIN DESCRIBED PROPERTY WHEREAS it was determined that a violation of Chapter 1.36 of the National City Municipal Code did exist, and WHEREAS such violation was ordered abated on 8125:2010, and WHEREAS representatives of the National City Fire Department abated the v iolation(s) on 9/3/2010, and WHEREAS the cliur .c for such abatement amounted to $1,485.50: THEREFORE be it known that rut abatement obligation exists on the property regardless of owner until paid. The current owner of the property is Li Zhiwei at 1498 13th St rr193, imperial Beach, CA 91932 described as follows: APN # 557 180 37 00 ,DDRESS: 805 N Ave National City 91950 EGAL DESCRIPTION: Paradise Homes Lot 3 This abatement obligation shall attach to the property, not the owner, and after confirmation by the City Council shall become a special assessment on the property tax bill. If not paid pursuant to State'LEM' and State Tax Lien Law, the property may be sold to satisfy that obligation. The amount of such claim shall be $1.485 50 plus interest and other costs which may hereafter become due. This filing does not preclude the filing of legal action for collection, Should such actions be required or determined to be appropriate. ieasonabte legal fees will he incurred and added to said obligation. DA"1 Fi) September 22, 20I0 State of California } SS. County of San Diego BY Ken Osborn, Fire Prevention Services, Inc.. Designee for National City Fire Department Certificate Of Acknowledgement On September 22. 2010 before me, Michelle D. Hiegins, Notary Public, personally appeared Ken Osborn, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he'sheithey executed the same in his/het/their authorized capacity(ics), and that by his/her.'their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws oldie State of California that the foregoing paragraph is true and correct. MICHELLE D. NH 1MS COMM. #1900612 z Notary Public • California o(Sea]) San Diego County Comm. Expires 21, 2014 SUMMARY REPORT FOR APN 557-351-17-00 05/11/10Initial inspection was made, property was found to be in violation. 05/17/10 Mailed 30 day courtesy notice to the property owner. 06/17/10 Re -inspection was made, property was found to be in violation. 06/17/10 Posted property. 06/18/10 Mailed 10 day final notice to the owner, certified mail. 06/23/1 0 Received signed certified return receipt. 06/29/10 Final inspection was made, property was found to be in violation. 06/30/10 Verified ownership information with the County of San Diego. 07/20/10 Work order authorization signed by City Official. 07/29/10 F.P.S.I. crews abated the property. 08/02/10 The owner was mailed a bill at our contracted rates. 08/20/10 The owner was mailed a final bill. 09/03/10 A Notice of Abatement was filed on the property. 06/ 10/11 The list of Fixed Charge Special Assessments [EXHIBIT "Al and the City Clerk's "NOTICE OF PUBLIC CONFIRMATION OF COSTS HEARING" was served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the property. CITY OF NATIONAL CITY FIRE DEPARTMENT 1411 E. 12th St. : Suite A : NATIONAL CITY, CA. 91950-4596 NOTICE TOPIT�EIC N i1ISA CE Owner: Carolino Construe tcm Corp Address: 3035 E 8th St Date: 5/17/2010 National City, CA 91950 Location of Public Nuisance: M Ave National City Instructions for Abatement: Please dear the entire property of all weeds,; dead vegetation, trash. debris and arundo. All piles of dead vegetation and debris mast be removed from the property. (Please maintain' any and al) grasses below 3"inches "Year round) Parcel Number: 557 351 17 00 You are hereby directed to abate the public nuisance tlecnbed above, of which you are the occupant or owner, within thirty (30) days of 5117/2010, '*Your failure to comply with this order will result in the City having your property cleaned by the City's at your expense (per Nation 11 City Municipal Code Chapter I 36) A S350.00 administrative fee wtil be charged in addition to the contractor's fees; to clean the property (per Resolution number 94.97) Violations are also subject to prosecution as misdemeanors. Guidelines For The Abatement of Flammable Vegetation For the protection of life and property, remove all brush, flamznatite vegetation, or combustible growth which is located from thirty (30) feet to one hundred (100) feet from such a building or structure or to the properly line,whichever is nearer, or as required by the Fire Department, including the maintenance of grass and oothervegetarioit more than thirty (30) frorn such budding or stnrcture, Cuttings are to be removed from the property and disposed'' of properly. Vegetation is to be cut within t1vo (2) inches" of the mound. NOI'If E REGARDING RARE, Tt1REATENED OR ENDANGERED SPI C1ES" If you have previivusly rece,ved a notice from the Cahturnia Department of Fish and Game or the L .S Fish and Wildlife Services that rare, threatened or endangered species of ti' h of t+ildhFe have occurred en your property nr the areas identified for fuel break clearance, YOU ,t,[tis f. NOI IFY BOTH AOENCIFS ANO THL NAT]t)? AL.CfrY FIRE DF.'I/,AR fhIENT IN WRITING Al' LEASF TEN (10) DAYS PRIOR TO BEGINNING VEGETATION CI.F,ARINC , iF THF,SE �GF.NC'1FS FAIL. L I ABJFC3 OR NOTIFY YOU OF ANY ALTERNATIVE PROCEDURES WITHiN'f OSE r N (10) DAYS. YOU MAY. THEN PROCEED TO CLEAR VEGETATION AS DIRECTED BY THIS NOTICE Failure to provide nntificatlein to these agencies may' render youliable and°r Fcderal of state Law to Penalties t national €itv 153ttnitipai Code 9 12.010 Public Nuisance neclareel--in General Any oft Iis1)u Ying condit o s are hereby declared to constitute a public nuisance: the Fire Chsei or his/her designee determhics that there eXists in any budding or on any premises comhtistihle, hazardous or espiosive materjals or daiigeror iulations of rubbish; or unnecessary accumulations of wastepaper, boxes. shavings, or any highly Clam nahle materials which are so situated as to endanger life is,>perty: or finds obstructions to or ou fire escapes. stairs, passageways, doors or windows that reasonably tend to interfere with the operations of the lire department or the -grass ofthe occupants of such building at premises; or finds that the effectiveness of any exit door, attic separation or any fire separation Wall is reduced. or finds that any J(Uvlaron of the Uniform Fire Code is being violated. 3. When the Fire Chief or his/het designee deems any chimney, smokestack, stove, oven, incnterdtor, furnace or other healing device, electric tiatutt; or any ippnrtenance thereto; or anything reg rated under a nationally recognized standard in or upon any building, structure or premises not specifically mentioned in the Unifonn ire Code, to be defective or unsafe so as to create a hazard, When the Fire Chief or his',/her designee finds any condition which in )iislherjudgmeni increases or may cause an increase of the hazard or menace of fire to a treater degree that customarily recognized as normal by persons in the pphiic service regulrutyengaged in preventing, suppressing or etiineeishine fire or any thing or act s hieh may ohstnrcr, delay, hinder or interfere with the operations ofihe fire department or the egress of occupants in the es cot of fire. National Citv Nbinicipal Code 9,12,020 Public Nuisance Declared —Weeds and Other Flammable Materials tit weeds. growing. or located upon streets, sidewalks or private property are herchv declared to he a public nuisance. For the purposes of this chapter, "ivccds" shalt in tide he following Weeds which bear seeds cilia downy or wingy natur,.. Sagebrush, chaparral and any other brush or weeds which am such Large erovv-th as to become. when dry, a fire menace adjacent iurproved property. Weeds which are othcrwi e noxious or dan;erous. oPoison oak apd poison ivy, when the conditions of growth are such as to constitute a menace tite the public health. Dry grass. stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard in a portion of the City Ahich has been zoned for single and multiple residence purposes, latioaal City Mlunicthal Code 1.36,010 Public Nuisance Defined Public Nuisance"means any condition defined or declared to be a public nuisance in any section' of this code, and/or and condition caused, mamtarned'or permitted to exist ,hich constitutes j a threat to the public's health, safety and welfare or which significantly obstructs, injures or interferes with the reasonable of free use of peeped.% in a leighborhood, community or to any considerable number of persons. A public nuisance also has the same meaning as set forth in California Civil Code Section 3479 National City Municipal Code 1.36.060 Abatement Appeal —bearing Vithin ten (10) days from the date of posting mailing or personal service of the required nonce_ the owner or person oert eying or controlling such lot or Drum ses rrffec+rrs ,ay appeal to the City Council. Such appeal shall he In writing and shall be filed with the City Cl€rk_ f you should have any questions, please feel' free to call this number: 1-866-779-3774 li ,:-.ed tienealguna pregunta; por favor )lane al nuncio: 1-866-779-3774 mang katanungan, tuina tag fang po sa nun/ermig Ho: 1-866-779-3774 nice: eh yours in public safety, -86C-779-37'4 ext. 311 or http://flrep re PreventionServices*** entiorr.n *You have the right to appeal this matter to the City -Council within ten (10)days of the The appeal shall he in writing and filed with the City Clerk (N€MC 1.36.050) *"Fire Prevention Services, in,: is under contract with the City of National City. ?i n chat of this notice, NATIONAL CITY FIRE DEPARTMENT COMMON QUESTIONS AND ANSWERS ARE YOU THE CURRENT OWNER OF THIS PROPERTY? Yes 1 HAVE YOU CLEARED THIS PROPERTY SINCE THIS NOTICE? DO YOU UNDERSTAND THE INSTRUCTIONS FOR ABATEMENT? No Yes CALL FIRE PREVENTION 1-866-779-3774 http://fireprevention.net CALL FIRE PREVENTION FOR RE -INSPECTION. 1-866-779-3774 http://fireprevention.net \ PROPERTY OWNERS ARE RESPONSIBLE FOR MAINTAINING HAZARD ABATEMENT ON A YEAR ROUND BASIS. —No ► Yes HAVE YOU MADE ARRANGEMENTS TO ABATE THE PROPERTY? HAVE YOU THOROUGHLY �OU DO NOT UNDERSTAND READ THE ABATEMENT Yes- INSTRUCTIONS CALL FIRE INSTRUCTIONS PREVENTION. ` 1-866-779-3774 `http://fireprevention.ne t WOULD YOU LIKE THE CITY TO ABATE THE HAZARD FOR YOU? IF NOT ABATED WITHIN TIME SPECIFIED THE OWNER WILL BE CHARGED A $350.00 ADMINISTRATIVE FEE. PLUS FIRE PREVENTION WILL ABATE. THE OWNER WILL BE BILLED FOR ALL COSTS Yes Yes CALL FIRE PREVENTION WHEN COMPLETED FOR RE -INSPECTION. 1-866-779-3774 hUp://fireprevention.net CALL FIRE PREVENTION FOR ARRANGEMENTS. 1-866-779-3774 http://fireprevention.net IF ARRANGEMENTS ARE MADE PRIOR TO CITY ABATING HAZARD. THE ADMINISTRATIVE FEE MAY BE WAIVED. 333 E. 16th Street : National City, CA : 91950-4596 t;lr� CITY OF NATIONAL CITY SCHEDULE OF FEES Tractor Mowing A. per parcel, sized 1 to 7,500 square feet $250.00 B. per parcel, sized 7,501 to 15,000 square feet $325.00 C. per parcel, sized 15,001 square feet to 30,000 square feet $400.00 D. per parcel, sized 30,001 square feet to one acre $450.00 L. Per square foot over one acre $ 00.02 2. Hand Labor A. per square foot of area abated $ 00.10 3. Dozer Operation A. hourly rate $150.00 B. move -on fee $150.00 4. Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $ 38.00 B. dump lees (reimbursement of cost) 5. Administrative Fee (failure to comply with final notice) A. per parcel 6. Attorney Services A. per parcel, per hour 7. Assessment Fees (includes preparing reports, attending hearings, etc.) A. Cost confirmations fee, per parcel $350.00 $200.00 $275.00 8. Miscellaneous Fees A. special inspection fee $ 50.00 B. abatement lien $ 50.00 C. Interest on lien (apr) 10% D release of abatement lien $ 50.00 E. public notary $ 20.00 F. File duplication fee $ 50.00 G. Unscheduled Labor per man hour $ 50.00 H. unscheduled fees (reimbursement of cost) All weeds, grow the following:;, B. 1)_ acid porsan ivy when the can$itiuri5, 1 growth , flammable material which endangers the public safety by creating a fire hazard m which has been zoned for single and multiple residence purposes_ ;Ifi FIRE DEPARTMEN 140' Li". 12th St. Suite A ; NATIONAL CITY, CA. 91950-4596 NOTICE TO ABATE PUBLIC NUISANCE Caroling Construction Corp Address: 3035 E 8th St Date: 6/18/2010 National City, CA 91950 Parcel Number, 557 351 17 00. Location of Public Nuisance: M Ave National City Instructions for Abatement: Please clear the entire property of all weeds, dead vegetation, trash, debris and arundo. All piles of dead vegetation and debrismust be removed from the property. (Please maintain anv and all grasses below 3 inches year round) VDU are hereby directed to abate the public nuisance described above. of which you are the occupant or owner_ within ten (I0) trays of 6/18/2010 *`four failure to comply with this order will result to you being charged the administrative fee and the City having your property cleaned by the City`s contractor at your expense (per National City Municipal Code Chapter 1.36). A S350.00 administrative fee will be charged in addition to the contractor's fees to clean the property (per Resolution number 94-97)_ Violations are also subject to prosecution as misdemeanors. Guidelines For The Abatement of Flammable Vegetation For the protection of life and pioperty, remove all brush flammable vegetation, or combustible growah which is located horn thirty (30) feet to one hundred (100) feet from sucha building or structure or to the property line whichever is nearer. or as required by the Fire. Department, indtiding the maintenance of grass and other vegetation more than thirty (301 from such building orstnicture. Cuttings are to be remosed limn the property and disposed of properly Vegetation is to be cut within two (2) inches of the ground :ktlTICE REGARDING RARE THREATENED OR EN1)A\GFRED SPECIES" if you have previously received a notice from the California Department of Fish and (lame or the U.S Fish and wildlife Services that rare, threatened or endangered species of fish or wildlife have occurred on your property in the areas identified for fuel break clearance, YOIJ MUST NOTIFY BOTII AGENCIES AND THE NATI{)NAI_ CITY FIRE DEPARTNMENT IN WRITING AT LEAST TEN (10) DAYS PRIOR TO BEGINNING VEGETATION CLEARING IF THESE AGENCIES FAH. Tr/ OI3IECT DR NOTIFY YOU OF ANY ALTERNATIVE_ PROCEDURES WITi-11N THOSE fEN (10) DAYS, YOU MAY T}IEN'PROCEED 70 CLEAR VEGETATION AS LAW-CIED RA' THIS NOTICE Failure to pros idenotification to these agencies may: render you liable under Federal or State Law to penalties. National City \lunicinat Code 9,12.010 Public Nuisance Detiai ed.,-In General :Inv of the following conditions are hereby declared to eonstnute a public nuisance. When the Fire Chief or htsncc€designee detemiims that there exists in any building or on any premises combustible, hazardous or explosive materials or aunt -notations ofrubbish; or unnecessary accumulations of wastepaper, boxes, shavings, or any highly flenantable materials which are so situated as to endanger rperty; br, finds ohstnictions to or on fire escapes, stairs, passageways. doors or windows that reasonably tend to interfere with the operations of the fire dellaruncni ess ofthe occupants of'sneh building of premises: sor finds that the effectiveness of any exi( diroq attic separation or any fire separation wall is reduced; or twirls that spy provi3ion`of the Uniform Fire Code is being piolatetl. B. When the Fir. Chief or his/her' designee deans any chimney, smokestack, stove, oven, incinerator, furnace or other heating device, electric fixture or aiy appurtenance thereto or anything regulated under a nationally recognized standard in or upon anv building, structure or premises not speetticallti mentioned in the t;niform Fire Code, to be defective Orunsafe so as to Create a hazard C. When the Fire Chief or his/her designee finds any condition which in his/her Judgment increases or may cause art increase i f the hazard or menace office to a greater degree that ;customarily; recognized as normal persons In the public service regularly engaged in preventing, suppresStng:or extinguishing fire er zr V dung or act which may obstruct. delay hinder or Interfere with the operations attic fire department or the egress of occupants in the event tit' fire National Citv.Mhinicipal Code 0,12,0/0 Public Nuisance Declared' -Weeds and Other Flammable Materials cated,upon streets, .sidewalks or private property are hereby declared to be a=public nuisance. `For Cite purposes oftii s chapter, 'weeds "shall include it bear Seeds of u dowyty or wing} nature. C. Sagebrush chaparral, and any other brush or weeds which attain such large growth - t h & cr a, o ecome, wNert dry, a fire Weeds which art otItcnrise ne,d0ua or dangerous. poison oak ` o grow3 are such 33 to constitute a menace the the public health, Div ar stubble, brush litter or other National City Municipal Code 1,36.010 Public Nnnsanee Defined "Public nuisance" means any condition defined or declared to be a public nuisance in any section of this cede, and/or and condition caused, maintained or permitted CO caist which constitutes a threat to rile public's- health, safety and welfare or which significantly obstructs injures or interferes with the reasonable of free use of properly in a neighborhood, community or to any considerable nut» ber of persons A public nuisance also has the same meaning as set forth in California Civil Code Seciion 3479. National City Municipal 6"nde 1.36.060 Abatement-- Appeal—ltearing Within ten (10) days from tiie date of posting, mailing or personal service of the required notice, the owner or person occupy inc or controlliri nayappeal to the City Council_ Si ch appeal shall be in writing and shall he filed with the City Clerk' If you should have any questions, please feel free to call this number: 1-S66-779-3774 usted tienealguna pregunta, per favor flame al numero: 1-866-779-3774 tg katanoogan, h tnawag tang po sa numerong ito: I-866-779-3774 ,ours iti public safety_ ioticn. 1-866-779-37'3 ext. 311 or http://firrprevention.): tee Prevention Services*** cro 0307/06. 04/24/06. 06/21(06 portion of the City uch lo! or pros scs led **You have the right to, appeal this matter to the City Council within ten (10) days of the receipt of this The appeal shall be in writing and filed with the Cin Clerk (NC1.MC 1.36.050) ***Fire Prevention Services, inc. is under contract with the City of National City_ aCoveragv ourvim Past Ceriitand 5 0 0 Pe:brn Rxu es p Q-uJorse7aen7 Required): O R in nmd Deify [v Rntr —13 557 351 17 00 t5,.54 NCrt�r Carolino Construction Corpc- 0 3035 E 8th St National City CA 91950 SENDER: COMPLETE THIS SECTION ▪ Complete Items 1,2, arid3. Also'ccmplete item If Restricted Delivery Is desired. ■ Print your name and address on the reverse so that we can retum the card to you. ■ Attach this card tothe back of the maliplece,', or on the front if space permits. 1. Article Addressed to: 557 351 17 00 Garolino. Construction Corp S335 E 8th St National City CA 91950 NC COMPLETE TIIIS SECTION ON DELIVERY a . 'Sit 0 Addressee' e of Deitvery' Is delivery address diferent from,itetn 12: If YES, enter delivery address bebw: O iie�iateted 0 Retem Receipt forJNerchandtae CI insured Ma l 0 C.O D, " 4.: Restricted Delivery? R&a Fee) Yas &tole. Number f iansferlram S 7009 0960 0000 5257 9724 ilgr-6 I- 6-29-10 Final Inspection 6-29-10 Final Inspection 3 E. 16th f ,NATIONAL .C> T , CA 919 0- AUTIIORIZAflON Authorization # 2606 Owner: Carolino Construction Corp Address: 3035 E 8th St National City, CA 91950 Parcel 4557 351 17 00 Job location:M Ave National City Authorized b Date: -7- Z :- 0 WI IEN SIGNED THIS DOCUMENT ALS"RIGHT OF PASSAGE ONTO PRIVATE PROPERTY FOR THE PURPOSE OF FIRE VIOLATION / PUBLIC NUISANCE REDUCTION OR REMOVAL. Type: Type. Type: Type: Hand Cutting: METHOD OF CLEARING Entire Parcel Fire Break sq. ft. Removal: cu. yds. 1`ractor Mowing: sq. ft Discing: sq. ft. !otes: Please clear the entire property of all weeds, dead vegetation, trash. debris and arundo. All piles f dead vegetation and debris must be removed from the property. (Please maintain anv and all grasses below 3 inches year round) 06 SAN ONO COUNTY ASSESSORS MAP nos 517PACE ,3! Pt 15t23' f&T� L^� 175° M15223iF131 4 nx N, M 52. NR'0117. NO ACCESS'. — THIS MAP WAS PRS'AREDFOR ASSESSMENT PURPOSES ONLY. 1,0 LIABILITY IS ASSUMED FOR TREACCURAGY OF THE DATA SHOWN. ASSESSORS PAR[:FLS MAY NOT COMPLY WITH LOCAL. SUSD.415lON :OR BOIyEING ORDINANCES. I4TH ST \__ 15TH ST, 21yr2D06. SM CH 16 35.1' MAP 15223 - CAROLINO HILLSIDE HOMES MAP 166 — RHO DE LA NACION — POR QSEC 132 OLD 101-- 17x25': C rK tkiti Hand $q, Fi, QQ TrfIctor•$q, F1,•• �'vt t Rarrrgval Cu. Yda:r: Du, P.O. Box 1720 : El Cajon, CA 92022-1720 (619) 401-1863 : fax (619) 445-6336 http://firepreventi©n.net 8/2/2010 Carolino Construction Corp 3035 E 8th St National City, CA 91950 Parcel # 557 351 17 00 Location: M Ave National City Dear Carolino Construction Corp, This letter is to inform you that the Public Nuisance on the abovereferenced property was abated pursuant to a prior Notice to Abate and order of the City of National City. Fire Prevention Services was contracted by the City of National City to help reduce Public Nuisances and d potential fire violations thus improving the safety of its citizens. The abatement work on your property was performed as mandated by The National City Municipal Code Chapter 1.36_ The charges thus far total $800.00_ You will incur no furthercosts if this amount is paid within fifteen (15) days of the date of this notice. Failure to pay this bill niay result in the filing of an abatement lien upon your property. Please make your check payable to Fire Prevention Services and include the Parcel ##'557 351 17 00 on the check. If you have any questions please call us direct at 619-401-1863. Sincerely, Fire Prevention Services, Inc. rev.05/10/06 496 NATIONAL CITY SCHEDULE OF FEES Tractor Mowing per parcel, sized 1 to 7.500 square feet 13. per parcel, sized 7,501 to 15,000 square feet C. per parcel. sized 15,001 square feet to 30.000 square feet D. per parcel. sized 30,001 square feet to one acre E. per square foot over one acre Hand Labor A. per square foot of area abated Dozer Operation A. hourly rate B. move -on fee $250.00 $325.00 $400.00 $450.00 $00.02 $0.10 $150.00 $150.00 Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $38.00 x B. dump fees Administrative Fee (failure to comply by deadl A. per parcel Attorney Services A. per parcel, per hour e of no (reimbursement of cost) e) Assessment Fees (includes preparing reports, attending hearings, etc.) A. cost confirmation fee, per parcel Miscellaneous Fees Per Parcel A. special inspection fee B. abatement lien C. Interest on lien (apr) D. release of abatement lien F. G. H. public notary file duplication fee unscheduled Labor per man hour unscheduled fees FILE # 2606 APN # 557 351 17 00 $350,00 $200.00 $275.00 $5000 $50.00 10% $50.00 $20.00 $50.00 $50.00 (reimbursement of cost) quantity sq. fi. sub total 4500 sq. ft. 450.00 TOTAL $ 800.00 cu.yds = 350.00 P.O. Box 1720 ; El Cajon, CA 92022-1720 (619) 401-1863 fax (619) 445-6336 h t l p: I l f i r e p r ev e nt i on , n e t Final Bill 8/20/2010 Carolino Construction Corp 3035E8thSt National City, CA 91950 Ref: Parcel fi 557 351 17 00 Dear Carolino Construction Corp, This is a reminder of the letter we sent you on 8/2/2010 and we have not received payment in the amount of S800.00 If we do not receive payment within 10 days we will he required to seek appropriate action to collect these monies. This action may include filing an abatement lien on your property and forwarding this bill to our collection agency. Under state and local law. costs for such action will be added to your total amount. Please tender a check to us immediately to avoid any further action. Make your check payable to Fire Prevention Set ices, Inc., and include the Parcel # 557 351 17 00 on the check Should you need to discuss this matter you may contact us at (619) 401-1863. Sincerely, Fire Prevention Services. Inc. rev 05/19..'06 RECORDING REQUESTED BY Fire evcntion Services, Inc_ PO Box 2012 Alpine. CA 91903-2012 (619) 562-1058 fax (619) 445-6336 AND WHEN RECORDED MAIL TO Fire Prevention Services, Inc_ PO J3ox 2012 Alpine, CA 91903-2012 DOC # 2�f�-0�469d35 IIIIIII II III II II III I IIIII Ilnl IIIIf Ilal III IIIII II Ii II IIII SEP 07.2010 1:37 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER. COUNTY RECORDER FEES: 0.00 PAGES: 1111ii IIIN II1I1 IIII IIII! IIII IIII IiII IIIJI HIll i111111111 N1111111{IIII III 1 III NOTICE OF ABATEMENT TO THE CURRENT OWNER OF RECORD AND ANY FUTURE OWNERS/PURCHASERS OF THE HEREIN DESCRIBE) PROPERTY I IEREAS it was determined that a violation of Chapter 1.36 of the National City Municipal Code did exisi. and WHEREAS such violation was orderedabated on 7I2012010, and WIT REA S representatives attic National City Fire Department abated the violation(s) on 7,29`2OI0. and WI ERFAS the charge for such abatement amounted to S$70.00; 7 HLRLFORE be it known that an abatement obligation t gists on the property regardless of owner until paid. The current owner of the property is Caroline Construction Corp at 3035 E 8th Sr, National City, CA 91950 described as follows: APN # 557 351 17 00 ADDRESS: N1 Ave National City I.Ft AL DESCRIPTION: National City 1 nv S 2000 CarolinoHill I.ot 1 This abatement obligation shall attach to the property, not the owner, and alter confirmation by the City Council shall become a special assessment on the property tax bill. lt'noi paid pursuant to State Law and State 'fax Lien Lain. the property may be sold to satist\ that obligation. The amount of such claim shall be S870.00 plus interest and other costs which may hereafter become due This tiling does not preclude the tiling of legal action for collection. Should such actions be required or determined to he appropriate. reasonable legal fees will be incurred and added to said obligation. DATED: September 3, 2010 State of California County of San 1)ie_? )SS. } BY: ben Osborn, Fire Prevention Services, Inc., Designee for National City Fire Department Certificate Of Aci novf letigement On September 3. 2010 before inc. Gavin James Broatchz Notary Public. personally appeared Ken Osborn, Ns -to proved to me en the basis of satisfactory evidence to be the person(s) whose name(s) istare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies). and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted. executed the instrument. i certify under PENALTY Ob PER it IRY under the laws at the State of California that the foregoing paragraph is true and correct. it WITNESS d official seal, GAVIN JAMES BRDATCI1 COMM. f 1E23129 OTARY PIIBttC • 01.1E0Rt1L: AN DIEGO COUNTY 0' ERPIGES N0 , 18, 2.3 2 (Seal) SUMMARY REPORT FOR APN 557-351-18-00 05/11/10 Initial inspection was made, property was found to be in violation. 05/17/10 Mailed 30 day courtesy notice to the property owner. 06/17/10 Re -inspection was made, property was found to be in violation. 06/17/10 Posted property. 06/18/10 Mailed 10 day final notice to the owner, certified mail. 06/23/10 Received signed certified return receipt. 06/29/10 Final inspection was made, property was found to be in violation. 06/30/10 Verified ownership information with the County of San Diego. 07/20/10 Work order authorization signed by City Official. 07/29/10 F.P.S.I. crews abated the property. 08/02/10 The owner was mailed a bill at our contracted rates. 08/20/10 The owner was mailed a final bill. 09/03/10 A Notice of Abatement was filed on the property. 06/10/11 The list of Fixed Charge Special Assessments [EXHIBIT "Al and the City Clerk's "NOTICF OF PUBLIC CONF1R1vIATION OF COSTS HEARING" was served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the property. CITY' iOF NATIONAL CITY F/I1E DEPARTMENT 140 E. 12th St. : Suite A : NATIONAL CITY, CA. 91950-4596 NOTICE TO ABATE PUBLIC NUISANCE Owner Carotino Construction Corp` Address: 3035 E 8th St Date: 5/17/2010 National City, CA 91950 Location of Public Nuisance: M Ave National City Instructions for Abatement: Please clear the entire property of all weeds. dead vegetation, trash, debris and arundo. All piles of dead vegetation and debris most be removed: from the property. (Please maintain any and all grasses below 3 inches Year round) You are hereby directed to abate the public nuisance described above, of which you are the occupant or owner, within thirty (30) days of 5/17/20111 "four Galore to comply with this order will result In the City having our property cleaned by the City's contraetor at your expense (per National City Alan icipal Code Chapter 1.36). A S35000 administrative fee will be charged in addition to the contractor'sfees to clean the property (per Resolution number 94-97),' Violations are also subject to prosecution as misdemeanors. Guidelines For The Abatement of Flammable Vegetation For the protection of life and property, remove all brush flammable vegetation„ or combustible odowth which is located from thirty (30) feet to one hundred (11M) feet from such a building or structure or to the property line, whichever is nearer, or as required by the Fire Department, including the maintenance of grass and other vegetation more :ham thirty (30) from such building or structure. Cuttings are to he removed from the property and disposed of properly. Vegetation is to be cut ithin two (2) inches of the ;round_ Parcel Number: 557 351 18 00 "NOTICE REGARDING RA7tE,THREATENFD OR ENDANGERED SPECIES" ,f you have previously received a notice from the Cabfomia Deparmten! ofFish and Game or the U.S, Fish and \Ytldlife Services that rare, threatened or endangered species of Ich or wildlife have occurred on your property in the areas idenided fix fuel break, -clearance, YOU MUST NOTIFY BOTH AGENCIES AND THE NATIONAL CITY FIRE EP.ARTMENT PV WRITING AT LFAS'I TEN (10) DAYS PRIOR TO i3EGINNING VEGETATION CLEARING IF THESE ,AGENCIES FAIL TO OSJEC'f OR NOTilY 'Ot Of ANY fcIltro RNATIVE.PR0CEDURES WITHIN THOSE TEN (10) DAYS, YOU MAY*THEN PROCEED TO CLEAR `VEGETATION AS DIRECTED I3Y THIS Ut�TICL Faihue to provide notification to these agencies may render you liable udder Federal or State Law to penalties. National City'lunicipal Code 9.12.010 Public Nuisance Declared--In'General- the fitilowing conditions are hereby declared to constitute a public nuisance When the Fire Chief or his/her designee determines that there exists in any budding or on any premises combustible, hazatdous or explosive materials or cinquefoil itdulions of rubbish, or unnecessary acctunulations of wastepaper,; boxes, snavings, or any highly flammable Mattna1S which ate so situated as to endanger life n.'perty or finds obstructions to or on tire escapes,, stairsi passageways, doors or windows that -reasonably tend to interfere vent) the operations of the fire department er the :press of the occupants of such building of premises, or finds that the affectiveness of any exit door, attic separation or any fire separation wall is reduced, or finds that any troviston of the Uniform Fire ('ode is being violated, 3 When the Fne Chief or his,'hcr designee'dcems any chimney, smokestack, stove, oven, ineincrator,,furnace or other heating device, electric fixture or any tppurtensuce thereto, or anything regulated under a nat:onally recognized standard in or upon any budding. structure er prennscs not specifically mentioned in the Uniform -ire (;ode- to bedefeetive or unsafe so as -to create a'hazard s When the Fire Chief or histher designee finds any condition which in Iiis/herludgMentincreases ormay cause tin increase of the hazard or menace of fire to a treater degree that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or any thing or act +limb rimy obstruct; delay, hinder or interfere math the operations oldie fire department or the egress of occupants in Ole event of fire National City Municipal Code 9.12.020 Public Nuisance Declared --Weeds and Other Flammable Materials d +weeds grnwrng or located upon streets- sidewalks or private property are hereby declared to he a public nuisance for the purposes of this chapter. "weeds" shall include he following V,'ecds whi. h hear seeds of a doyen} or wingy nature, Sagebrush, chaparral. and any other brush or weeds which attain such large growth as to: become, when dry, a fire menace to adjacent improved. property. Weeds which are otherwise noxious or dangerous. ). Poison oak and poison icy when the Bond tions of growth are such as to constitute a menace the the public health. Dry grass, stubble, blush fitter- or other flammable material which endangers the public safety by creating a tire hazard in a portion of the City lit Melt has been zoned for single and multiple residence purposes. National City YMnnicipal Code 1.36,010 Public Nuisance Defined Public Nuisance" means any condition dcfmed or declared to be a public iiursanc; in any section of this code, and/or and condition caused, maintained or permitted to exist +hich constitutes a threat to the public's health, safety and avelfarc or which significantly obstntcts, injures or interferes with the reasonable of free CSC of property in a ieighborhood, community or to any considerable number of persons A public nuisance also has the stone meaning as sot forth in California Civil Code Section3479 National Cite Municipal Code 1.311,060 Abatement-- Appeal • Hearing Vithin ten (I u) days from the date of posting, mailing or personal service of the required notice, the owner er person occupying or controlling such for or premises affected nay appeal to the City Council. Such append shall be in writing and shall be filed with the City Clerk. f you should has e any questions, please feel free to call this number: 1-866-779-3774 rid tienealguna pregunta, por layor !lame al numero: 1-866-779-3774 mang katanumgan, tumaseag lang po sa numerong ito: 1-866-779-3774 linc::rcly yours in public safety. "You have the right to appeal thus matter to the City Council within ten (10) days oldie receipt of this notice. -S66.779-3774 est.311 or httrx/rfi prevention net The, appeal shall be in writing and filed with the City Clerk. (NCMC 1 36,950) "Fire Prevention Services, Inc, is under contract with the City of National City. ire Prevention services"* NATIONAL CITY FIRE DEPARTMENT COMMON QUESTIONS AND ANSWERS ARE YOU THE CURRENT OWNER OF THIS PROPERTY? Yes HAVE YOU CLEARED THIS PROPERTY SINCE THIS NOTICE? DO YOU UNDERSTAND THE INSTRUCTIONS FOR ABATEMENT? Yes v HAVE YOU MADE ARRANGEMENTS TO ABATE THE PROPERTY? CALL FIRE PREVENTION No 1-866-779-3774 http:t/fireprevention net Yes CALL ARE PREVENTION FOR RE -INSPECTION. 1-866-779-3774 http //fireprevention.net PROPERTY OWNERS ARE RESPONSIBLE FOR MAINTAINING HAZARD ABATEMENT ON A YEAR ROUND BASIS. No -> HAVE YOU THOROUGHLY READ THE ABATEMENT INSTRUCTIONS -Yes No WOULD YOU LIKE THE CITY TO ABATE THE HAZARD FOR YOU? IF NOT ABATED WITHIN TIME SPECIFIED THE OWNER WILL BE CHARGED A $350 00 ADMINISTRATIVE FEE. PLUS FIRE PREVENTION WILL ABATE, THE OWNER WILL BE BILLED FOR ALL COSTS Yes Yes IF YOU DO NOT UNDERSTAND INSTRUCTIONS CALL FIRE PREVENTION, 1-866-779-3774 http d/#i re prevention:n et CALL FIRE PREVENTION WHEN OMPLETED FOR RE -INSPECTION. 1-866-779-3774 http://fireprevention.net CALL FIRE PREVENTION FOR ARRANGEMENTS. 1-866-779-3774 http;ilfi reprevention.net IF ARRANGEMENTS ARE MADE PRIOR TO CITY ABATING HAZARD, THE ADMINISTRATIVE FEE MAY BE WAIVED. 333 E. 16th Street : National City, CA : 91950-4596 Tractor Mowing A. B. C. D. E. SCHEDULE OF FEES per parcel, sized 1 to 7,500 square feet per parcel, sized 7,501 to 15,000 square feet per parcel. sized 15,001 square feet to 30,000 square feet per parcel, sized 30,001 square feet to one acre Per square foot over one acre hand Labor A. per square foot of area abated Dozer Operation A. hourly rate B. move -on fee $250.00 $325.00 $400.00 $450.00 $ 00.02 $ 00.10 $150.00 $150.00 4. Debris Remediation (includes chipping, grinding, andlor shredding) A. per cubic yard of matcrlal prior to chipping, and or compacting $ 38.00 B. dump fees (reimbursement of cost) 5. Administrative Fee (failure to comply with final notice) A. per parcel b Attorney Services A. per parcel, per hour 7. Assessment Fees (includes preparing reports attending hearings, etc. A. Cost confirmations fee, per parcel 8. Miscellaneous Fees A. special inspection fee B. abatement lien C. Interest on lien (apr) D release of abatement lien E. public notary F. File duplication fee O. Unscheduled Labor per man hour H. unscheduled fees $350.00 $200.00 $275.00 $ 50.00 $ 50.00 10% $ 50.00 $ 20.00 $ 50.00 $ 50.00 (reimbursement of cost) /J 12th St; '; Suife A : NATIONA FINAL NOTICE TO ABATE er: Carolina Construction Corp Address: 3035 E 8th St Date: 6/18/2010 National City, CA 91950 Location of Public Nuisance: M Ave National City Instructions for Abatement: Please clear the entire propertyof all weeds, dead vegetation, trash, debris and at -undo. All piles of dead vegetation and debris must be renlaved frail the property. (Please maintain anv and all grasses below 3, inches year round) You are hereby directed to abate the public nuisance drscnbed above, of Pr hi you are the occupant or owner, within ten (10) days of 6/18/2010. *fiYour (Inure to comply with this order will result in you being charged the administrative fee and the City having your property cleaned by the Ctys contractoral your expense (per National City Municipal Code Chapter 1.36). A S150.00 administrative fee will be charged in addition to the contractor's fees to clean the property (per Resoiution number 44A; ) Vmlations are also subject to prosecution as misdemeanors.. Guidelines For The Abatement of Flammable Vegetation. For the protection of life and property; remove all brush. flammable vegetation. or combustible growah which is located from thirty(30) feet to one hundred 11D0) feet from such a building or structure or to the property line, whichever is nearer, or as required by the Fire Department, including the maintenance of grass and other vegetation more than thirty (303 front such building or. structure. Cuttings are to be removed from the property, and disposed of properly. Vegetation is to he cut within two (2) inches of the ground l EPARTME CITY, CA. 91950-4596 PUBLIC NUISANCE Parcel Number: 557 351 18 00 NT "NOTICE REGARDING RARE, THREATENED OR ENIiANGERED SPECIES" 1f you have previously received a notice from the California Department of Fish and dame or the U.S. Fish and VvIldhfe Services that rare, threaten,) or endangered species of fish or wildlife have occurred on your property in the areas identified for fuel break clearance, YOU MUST NOTIFY BOTH AGENCIES AN11 THE NATIONAL CITY FIRE DEPARTMENT IN WRITiNGr AT LEAST TEN 00) DAYS PRIOR TO BEGINNING VEGETATION CLEARING IF THESE AGENCIES FAIL TO OBJECT OR NOTIFY YOU OF ANY ALTFRNAT1VE PROCEDI,RES WITHIN TIIOSE TEN (10) DAYS, YOU MAY THEN PROCEED TO CLEAR VEGETATION AS DIRECTED BY THIS NOTICE, Failure to provide notification to these agencies may render you liable under Federal or State i_aw to penalties. National City Municipal Code 9,12.010 Public Nuisance Deetared,-In General Any of the following conditions are hereby declared to constitute a public nuisance - When the Fire Chiefor his/her designee determines that there exists in any buriding or on any premises combustible. hazardous or explosive materials or us : ccomolations of rubbish; or'onnecessary accumulations of Wastepaper boxes shavings, or any highly flammable materials which me so situated as to endanger iropeny: or finds obstructions to or on fire ca es pcs, stairs. passageways, doors or windows'that reasonably tend to interfere with the operations of the fire department gress of the occupants of such boildine of premises or finds that`the effectiveness of any exit door, attic separation or any fire Separation wall IS reduced: or finds that any provision of the Uniform Fire Code is being`violateif:- B When the Fite Chief of hisrher designee deems any chimney smokestack, stove, oven, Inc hrerator, [urnace or other heating device. electric fixture or any appurtenance thereto or anything. regulated under a' nationally recognized standard in or upon any buildiii , structure tar premises not specifieaIfy mentioned in the lJniforin lire Code, to he defective or unsafe so as to create a hazard. i . When the Fire Chief or htsllrer designee firrds any condition which in burlier Judennent increases or may cause' an increase of the hazard or menace of fire to a greater degree that customarily recognized as normal by peisor.is .n Site Public service regularly engaged in preventing„ suppressing or exeinguishu g fire ur any thing or act which may obstruct, delay, hinder or interfere with the operations of the fire'departntent or the egress of occupants in the event of fire. National Cite VLenicipal Code 9.12.020 Public Nuisance Declared --Weeds and Other Flammable 141aterials All needs growing or located uptm streets, sidewalks qr private; property are hereby declared to be a public nuisance For the purposes of this chapter. "weed." shall include the following: ,•1. Weeds which bear seeds of a downy or wingy nature. F3. Sagebrush. chaparral. and any other bills)? or weeds which arts 5 to become. when dry, a tire n L. Weeds which are otherwise ookious or dangerous.. D. Poison oak and poison ivy when the conditions of growth are such as to Constitute a menace the the pbhlic health C Dry grass_ stubble, brush litter, or other flammable material which endangers the public safety by creating a fire hazard i'. which has been zoned for single and multiple residence purposes. in such large :growth a National City:Vlunielpal Code 1.36.010 Public Nuisance Defined "Public Nuisance' means any condition defined or declared to be a ppblie nuisance rn any section of this code, author and condition caused, maintained or permitted to exist 5hlcl1 constitutes a threat to the publics health, safety and veel]are or which significantly obstructs, enures or interferes with the reasonable of free use of property in a neighborhood- community or to any considerable number of persons, A public nuisance also has the satire meaning as set forth in California Civil Code Section 3479 National City Municipal Code 1.36,960 Abatement-- Appeal-- )tearing Within ten (1(J) days from the date of posting, mailing or personal service of the required notice, the owner or person occupying or controlling such lot or premises affected may appeal td(he City Council Such appeal shall be in writing and shall be filed with die City Clerk. If you should have any questions, please feel free to call this number-: 1-866-779-3774 Si usted tieneaignna pregunta, por favor !lame alnnmer o: 1=866-779-3774 S" "-----nag katanungan, tnmawag lung po sa numerong ito: 1-866-779-3774 yours in public safety, "You have the right to appeal this matter to the City Council within ten (10) days of the receipt of this turner 1-866-779-3774 ext.3)1 or blip:/lfireprevention.net The appeal shall be in writing and filed with the City Clerk. (NCMC -**Fire Prevention Services, Inc- is under contract with the City of National City. Fire Prevention Services"** rev 03273 ,0424;t"lb.06r21,06 TA improved property_ the City ' r-9 m • IT' rs- 1 LrI . nj Pc.tago $ 1:71 Foe CIK:ept ree $2.30 • Irlestr ctr,o f:',3hvory Fee $C I=1 (Erda,,*tr5ent Pequired) J:I -------- cr - " 557 351 18 00 Carolino Construction Corp , 3035 E 8th St 6;r2t.4 National City CA 91950 viniqt t, RECEIPT ItOnIjffi losurance,bowt‘ Roy iffot-stel 4#1 m4030104 Webeiteet WwW.espexenk, stfent.' SENDER: COMPLETE THIS SECTION • Coniplete Items 1, 2;- eitc1,3;Also--coinpt!)1e ' Item 4 If Restricted:Dfilivery:.islitsirod , WO Print your namectrid.selcIres1;-on the reverse so "that we ...returPitheqtr. us Attach this caralathe'laziCl(cf,the ' or on ttle fror)t If space- .z71'.011!'iPiF)trf 1. Article Adaresseti to: • it ,yes ant 557 351 18 00 • Carolino Construction Corp COMPLETE THIS SECTION ON DELIVERY '1 National City CA 91950 CI Agent Acidmssee a", e'of Wei? 0,1100 iifflecelPt-forMemhandise 0 Insured Mall CI C.O.D. 4. Restvded Deavelr (Eim Fee) In Yes e Number 7009 0960 dce labe0000 5257 9'1 slat seri9 CITY ATiC AE CITY SIRE DEPARTMENT 333 E. 16th St. NATIONAL CITY, CA. 91950-4596 WORK ORD)R AUTH Owner: Carolino Construetion Corp Address: 3035 E 8th St National City, CA 91950 RIZATION Authorization # 2607 Parcel #557 351 18 00 Job location:M Ave National City Authorized bv: SID'nedti WHEN SIGNED THIS DOCUMENT AL LOii' i IGIJT OF PASSAGE ONTO PRIVATE PROPERTY FOR THE PURPOSE OF FIRE VIOLATION /'PUBLIC NUISANCE REDUCTION OR REMOVAL. Date: -7-- Hand Cutting: sq. ft. Removal: cu. yds. actor Mowin sq. ft. Discinl;: sq. ft. Crew Type; -hype; Type: Type: CREW INFORMATION Date Notes: Please clear the entire property of all weeds. dead vegetation, trash, debris and arundo. All piles )f dead vegetation and debris must he removed from the property. {Please maintain anv and all grasses below 3 inches year round) 06 F.� S AN. 0/EGOCOUNTY AS St$S2R'S: 4 LP BOOR 357 PACE . 31. 6 4 m w35.03' Pe"a. �2 PM PAR,? 15 rrra3!2 B' QSE 1421. A11S223$13vss 31 •. 6 7 0 19:5 g P) kit �`r e3c ) t1auY: AA15221'' N 7.0 E_,,,/ n... 3r3 ACCESS — ^..Y. 6� THIS WAS PR3'AREDFOE ASSESSAENT PURPOSES ONLY. NO'LIABl fry ASSU W D FORT EACCURACY OF ma DATA 'SHOWN. ASSESSOR'S PANCELs MAY NOT C0i4'LY WITH LOCAL. SUBDIVISION-CR BUILDING ORDINANCES. I 14TH ST i; CH 5 BLK ssr- 15TH ST. 0 MAP 15223 - GAROLINO: HILLSIDE HOMES MAP' 166 — RHO DE LA NACION — 'POR OSEO 132 OLD. Jig-&, 7+� '4145 ia(As, as. -14 i 1'025 OB F2so rr yrn opayg'Yt vogrprn. ARp umount.Af work tfQTiO Hertel Sq, Fit ` 00 {. " Trrctr , Ft„ h Tots( Rcmolf c !Jo D4 Tx, 6 O'oo sq 7-29-10 Photo 3 7-29-10 Photo 4 7-29-10 Photo 1 7-29-10 Photo 2 Boat 1720 :.El Cajon, CA 92022-1720 619j 401-1863 : fa (6'19) 4 http://fireprevention.net 8/2/2010 Carolino Construction Corp 3035F8thSt National City, CA 91950 Parcel`t# 557 351 18 00 Location: M Ave National City Dear Carotino Construction Corp, This letter is to inform you that the Public Nuisance on the above referenced property was abated pursuant to a prior Notice to Abate and order of the City of National City. Fire Prevention Services was contracted by the City of National City to help reduce Public Nuisances and potential fire violations thus improving the safety of its citizens. The abatement work on your property was performed as mandated by The National City Municipal Code Chapter 1.36. The charges thus far total $950.00. You will incur no further costs if this amount is paid within fifteen (15) days of the date of this notice. Failure to pay this bill may result i Please make your check payable to Parcel # 557 351 18`00 on the chec If you have any questions please ca Sincerely, Fire Prevention Services. inc. rev.05/l9/06 n the filing ofan abatement lien upon your property. Fire Prevention Services and includethe k. 11 us direct at 619-401-1863. CITY SCHEDULE OF FEES1 Tractor Mowing per parcel, sized 1 to 7,500 square feet F3. per parcel, sized 7,501 to 15,000 square feet C. per parcel, sized 15.001 square feet to 30,000 square feet D. per parcel, sized 30,001 square feet to one acre E. per square foot over one acre Hand Labor A. per square foat of area abated Dozer Operation A. hourly rate B. move -on fee $250.00 S325.00 $400.00 $450.00 $00.02 $0.10 $150.00 $150.00 Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting S38.00 x B. dump fees (reimbursement of cost) Administrative Fee (failure to comply by deadline of notice) A. per parcel .ttomey Services A. per parcel. per hour Assessment Fees (includes preparing repo A. cost confirmation fee, per parcel Miscellaneous Fees Per Parcel A. special inspection fee 13. abatement lien C. 1?. E. F. Cr. H. Interest on lien (apr) release of abatement lien public notary file duplication fee unscheduled Labor pe unscheduled fees Tian hour s, attending hearings, etc.) FILE # 2607 .APN # 557 351 18 00 $350.00 $200.00 $275.00 $50.00 $50.00 10% $50.00 $20,00 $50.00 $50.00 (reimbursement of cost) sq. ft. 6000 sq. ft. 600.00 TOTAL $ 950.00 cu.yds 350.00 /% P.O.Bo 1720 : El Cajon, CA 92922-1720 (619) 401-1863': fax (619) 445-6336 http://fireprevention.net Final Bill 8/20/2010 Carolino Construction Corp 3035 F: 8th St National City. CA 0}90 Ref Parcel i/ 557 351 18 00 Dear Carolino Construe Corp, This is a reminder of the letter we sent you on 8. 2_12010 and we have not received payment in the amount of S950.00 If we do not receive payment within 10 days we will be required to seek appropriate action to collect these monies. This action may include filing an abatement lien on your property and forwarding this bill to our collection agency. Under state and local law, costs for such action will be added to your total amount, Please tender a check to us immediately to avoid any further action. Make your check payable to Fire Prevention Services, Inc., and include the Parcel # 557 351 18 00 on the check. Should you need; to discus this matter you may contact us at (619) 401-1863. Sincerely, Fire Prevention Services, Inc. rev.05/19/06 // RECORDING REQ.-LIES 1' ;D BY Fire Prevention Services, Inc. PO Box 2012 Alpine, CA 91.903-'2012 (619) 562-1058 fax (61'0) 445-6336 AND WHEN RECORDED MAi!. TO Fire Prevention Services. inc. PO Box 2012 Alpine, CA 91903-2012 U-0469436 SEP 07, 2010 137 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L OUTI ER, COUNTY RECORDER FEES: 0.00 PAGES 1 111111111 IIIIIIIIIIIIIIIi111111111I1I1111111111IIII11111111111111111111111 NOTICE OF ABATEMENT TO THE CI RREN'I' OWNER OF RECORD AND ANY FUTURE OWNERS/PURCHASERS OF THE HEREIN DESCRIBED PROPERTY WHEREAS it was determined that a violation of Chapter 1.36 of the National City Municipal Code did exist. and MHFREAS Such violation was ordered abated on 7120'2010, and WHEREAS representatives atilt, National City Fire Department abated the violations) on 729./2010. and WHEREAS the charge for such abatement amounted to $1.020.00: FHERE1 ORE be it known that an abatement obligation exists on the property regardless of owner until paid. The current owner of the property is C:arolino Construction Corp at 3035 F $th St. National City, CA 91950 described as follows: APNg5573 11800 ADDRESS: NI Ave National City LEGAL DESCRIPTION: National City Tnrt S-2000-2 CarolinoHill Lot 2 This abatement obligation shall attach to the property, not the owner. and after confirmation by the City Councii shall become a special assessment on the property tax bill. If not paid pursuant to State Law and State Tax Lien Law, the property may be sold to satisfy that obligation. The amount of such claim shall be S1,020.00 plus interest and other costs which may hereai)er become due. This filing does not preclude the filing of legal action for collection. Should such actions be required or determined to be appropriate, reasonable legal tees will be incurred and added to said obligation. DATED. September 3, 2010 State of California ) SS. County of San Diciro BY Ken Oshorn. Fire Prevention Services, Inc., Designee for National City Fire Department Certificate Of Acknowledgement On September 3. 2010 before inc. Gam James Broaich, Notary Publicpersonally appeared Ken Oshorn, who proved to the no the lasts of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he:she/they executed the same in his/her/their authorized capacity(ies), and that by rtis'het-their signaitire(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. icertify under PENALTY OF PERJURY under the laws of the State ofCalik rnia that the foreerting paragraph is true and correct. I.,: r ry, stir t1AV114,1 lAE Gi:,0 s1CH (", (5, a OTitl PUUSt1C CA11F0% 0 ,Hw 's {t%1 sarf DIE e COW,:rY 0 0 7M. CXPi i:P., s t)'J, It, 2012 a' -7, .,- - , -a-- _rc, .a---_----, (Seal) SUMMARY REPORT FOR APN 557-351-19-00 05/11/10 Initial inspection was made, property was found to be in violation. 05/17/10 Mailed 30 day courtesy notice to the property owner. 06/17/10 Re -inspection was made, property was found to be in violation. 06/17/10 Posted property. 06/18/10 Mailed 10 day final notice to the owner, certified mail. 06/23/10 Received signed certified return receipt. 06/29/10 Final inspection was made, property was found to be in violation. 06/30/10 Verified ownership information with the County of San Diego. 07/20/10 Work order authorization signed by City Official. 07/29/10 F.P.S.I. crews abated the property. 08/02/10 The owner was mailed a bill at our contracted rates. 08/20/10 The owner was mailed a final bill. 09/03/10 A Notice of Abatement was filed on the property. 06/10/11 The list of Fixed Charge Special Assessments [EXHIBIT "Al and the City Clerk's "NOTICE OF PUBLIC CONFIRMATION OF COSTS I TEARING" was served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the property. CITY OF NATIONAI CITY F?IE DEPARTMENT 140 E. 12th St. Suite A : NATIONAL CITY, CA. 91950-4596 NOTICE TO ABATE PUBLIC NUISANCI Owner: Carol ino Construction Corp Address 3035 E 8th St Date: 5/17/2010 National City. CA 91950 Location of Public Nuisance: M Ave National City lnstructions for Abatement: Please clear the entire property of all weeds, dead vegetation, trash, debris and arundo. All piles of dead vegetation and debris must be removed frorn the property. (Please maintain any and all grasses below 3 inches year round) You are hereby directed to abate the public nuisance described above of which you are the occupant or owner. within thirty (30) days of5/17(2010 **four failure to comply with this order will result in the City havnne your property cleaned by the City`s contractor' at your expense (per National City Municipal Code Chapter 1 Ma)_ A S350.00 administrative fee will be charged in addition to the contractor's fees to cleanthe property (per Resolution number 94-07). Violations are also subject to prosecution as misdemeanors Parcel Number: 557 351 19 00 Guidelines For The Abatement of Flammable Vegetation For the protection of life and property, remove all brush, flammable vegetation. or combustible growth which is located from thirty (30) feet to one hundred (100) feet from uch a building or structure or to the property line, whichever is nearer, or as required by the Fire Department, including the maintenance of grass and other vegetation more than thirty (30) from such building or structure. Cuttings are to he removed from the property and disposed of properly. Vegetation is to he cut within two (2) inches of the around "NOTICE REGARDING RARE. THREATEN ENDANGERED SPECIES" If you have previously received a notice from the California Department of Fish and Game or the t1 S Fish and Wildlife Services that rare. threatened or endangered species of fish or wildlife have occurred on your property in the areas identified for fuel break clearance„YOU MUST NOTIFY BOFH AGENCIES AND THE NATIONAL CITY FIRE DEPARTMENT IN 'WRITING AT LEAST TEN (10) DAYS PRIOR TO BEG11NfNG VEGETATION CLEARING IF THESE ryGENC1ES FAIL TOOBIECT OR NOTIFY YOU of ANY ALTERNATIVE PROCEDURES WITHIN most TEN (10) DAYS. YOU MAY THEN PROCEED TO CL FAR VEGETATION AS DIRECTED BY THIS NOTICE Failure to provide notification to these agencies may render you liable under Federal or State Lave to penalties, National City Municipal ('ode 9.I2 010 Public Nuisance Deetared--ln General Any of the following conditions are hereby declared to constitute a public nuisance: When the Fire Chief or his/her designee determines that there exists in any budding or on any premises eomhustible. hazardous or explosive materials or dangerot otulations of rubbish, or unnecessary accumulations of wastepaper, boxes, shavings, or any highly flammable materials which are so situated as to endanger Itfc i., property: or finds obstructions to or on fire escapes, stairs, passageways, doors or windoyvs that reasonably tend to interfere with the operations of the Lire department or the :press of the occupants of such building of premises, or finds that the enectivencss of any exit door. attic separation or any fire separation wall is reduced. or finds that any vrocision of the Uniform Fire Code is being violated 3 When the Fire Clitef or hisiher designee deems any chimney, smokestack, stove, oven, incinerator, furnace or other heating device, electric fixture or any appurtenance thereto, or anything regulated under a nationally recognized standard in or upon any building, structure or premises` not specifically mentioned in the Uniform Cue Code, to be defectiv or unsafe so as to create a hazard When the Fire Chief or his/her designee finds any condmon which in hisher Judgment increases or may cause an increase of the hazard or menace of fire to a neater degree that customarily recognized as normal by persons in the public service regularly engaged in preventing_ suppressing or extinguishing fire or any thing or act ,ehich may obstruct. delay, hinder or intei fere with the operations of the fire department or the egress ofocc0pants in the event of lire, National City Municipal Code 9.12.020 Public Nuisance Declared —Weeds and Other Flammable!Haterials 511 weeds, growing or located upon streets, sidewalks or private propertv are hereby declared to be a public nuisance. For the purposes of this chapter, "weeds" shall include he fbIlcwing. Weeds which bear seeds of adowny or'Wmgy nature. 1. Sagebrush, chaparral, and any other brush or weed which attain such large growth as to become, when dry, a fire menace to adjacent unproved property. Weeds which are otherwise noxious or dangerous.: a. Poison oak and poison ivy when the conditions of grow th are such as to constitute a menace the the public health. Dry grass, stubble brush, litter, or ether flammable material which endangers the public safety by creating a fire hazard in a portion ofthc City which has been zoned for single and multiple residence purposes. National City Municipal Code 1.36.010 Public Nuisance Defined Public Nuisance" means any condition defined or declared to be a public nuisance in any section of this code, and/or aid condition caused. maintained or permitted to e:iist vhicli constitutes a threat to the puhlic's health, safety and welfare or which significantly obstructs, injures or interferes with the reasonable of free use of prupeny in a ieighhorhood. community or to any considerable number of persons. A public nuisance also bus the tarot meaning as set forth in California Civil Code Section 3470 National City Municipal Code 1.36.069 Abatement —,Appeal— Hearin ?iitliir ten (ill) days from the date of postingmailing or personal service of the required notice, the owner or person occupying or controlling such lot or prentr,es a(?ected nay appeal to the City Ciotincil_ Such appeal shall be in writing and shall be tiled with the City Clerk. f you should have any questions, please feel free to call this number:' 1-866-779-3774 cd tienealguna pregunta, por favor flame al ntnero: 1-866-; 79-3774 nutting katanungan, tiintawaglang po sa numerong no: 1-866-779-3774 �inccrcty yours in public safet}, You have the right to appeal this matter to the City Council within ten (10) days of the receipt of this notice_ -866.779-3774 ext. 311 or http: lfreprevention.net The appeal shall be in writing and tiled with the City Clerk. (i,'CMC 1.36.030) * *Fire Prevention Seniees. Inc is under contract with the City of National City ire Prevention Sen-ices*"' />'A NATIONAL CITY FIRE DEPARTMENT COMMON QUESTIONS AND ANSWERS ARE YOU THE CURRENT OWNER OF THIS PROPERTY? Yes t HAVE YOU CLEARED THIS PROPERTY SINCE THIS NOTICE? No DO YOU UNDERSTAND THE INSTRUCTIONS FOR ABATEMENT? Yes i HAVE YOU MADE ARRANGEMENTS TO ABATE THE PROPERTY? No—► No Yes CALL FIRE PREVENTION 1-866-779-3774 http://fireprevention.net CALL FIRE PREVENTION FOR RE -INSPECTION. 1-866-779-3774 http://fireprevention.net PROPERTY OWNERS ARE RESPONSIBLE FOR MAINTAINING HAZARD ABATEMENT ON A YEAR ROUND BASIS_ HAVE YOU THOROUGHLY READ THE ABATEMENT Yes INSTRUCTIONS WOULD YOU LIKE THE CITY TO ABATE THE HAZARD FOR YOU? IF NOT ABATED WITHIN TIME SPECIFIED THE OWNER WILL BE CHARGED A $350.00 ADMINISTRATIVE FEE. PLUS FIRE PREVENTION WILL ABATE. THE OWNER WILL BE BILLED FOR ALL COSTS Yes Yes IF YOU DO NOT UNDERSTAND INSTRUCTIONS CALL FIRE PREVENTION. 1-866-779-3774 http://fireprevention.net CALL FIRE PREVENTION WHEN COMPLETED FOR RE -INSPECTION. 1-866-779-3774 httP:lifireprevention.ne CALL FIRE PREVENTION FOR ARRANGEMENTS. 1-866-779-3774 http://fireprevention.net IF ARRANGEMENTS ARE MADE PRIOR TO CITY ABATING HAZARD, THE ADMINISTRATIVE FEE MAY BE WAIVED. 333 E. 16th Street : National City, CA : 91950-4596 CITY OF NATIONAL CITY SCHEDULE OF FEES Tractor Mowing A. per parcel, sized 1 to 7,500 square feet $250.00 B. per parcel, sized 7,501 to 15,000 square feet $325.00 C. per parcel, sized 15,001 square feet to 30,000 square feet $400.00 D. per parcel, sized 30,001 square feet to one acre $450.00 E. Per square foot over one acre $ 00.02 2. Iland Labor A. per square foot of area abated $ 00.10 Dozer Operation A. hourly rate $150.00 B. move -on fee $150.00 Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $ 38.00 B. dump fees (reimbursement of cost) Administrative Fee (failure to comply with final notice) A. per parcel 6. Attorney Services A. per parcel, per hour 7. Assessment Fees (includes preparing reports, attending hearings, etc.) A. Cost confirmations lee, per parcel $350.00 $200.00 $275.00 Miscellaneous Fees A. special inspection fee $ 50.00 B. abatement lien $ 50.00 C. Interest on lien (apr) 10% D release of abatement lien $ 50.00 E. public notary $ 20.00 F. File duplication fee $ 50.00 G. Unscheduled Labor per man hour $ 50.00 H. unscheduled fees (reimbursement of cost) 140 E. 12th St. eA : NATI NA'; LRTivIENT CITY, CA. 91950-4596 FINAL 1� OTICE TO ATI' ;': FUBLIC NUISANCE owner: Carolino Construction Corp Address. 3035 E Sth St Date: 6/18/2010 National City, CA 91950 Location of Public Nuisance. N1 Ave National City instructions for Abatement; Please clear, the entire property of all weeds, dead vegetation, trash, debris and arnudo. All piles of dead vegetation and debris must be removed from the property. (Please maintain any and all grasses below 3 inches year round) Parcel Nnmbe: 5573511900 You are hereby directed to abate the public nuisance described above, of which you are the occupant or owner, within ten (10) days of 6/18/2010. **Your failure to comply with this order will result in you being charged the administrative fee and the City having your property cleaned'hy the City's contractor at Your expense (per National City Municipal Code Chapter 1..36). A $350 00 administrative fee will he charged in addition to the Go tractor's fees to clean the property (per Resolution number 94-97). Violations are also subject to prosecution as nfisdemeanops Guidelines For The Abatement of Flan"" abte Vegetation suc For h thxe bprotectionuddiof ufife and property, remove all'brush, flammable vegetation, or cumbustiblerprowth which isa located Rom thirty (30) fret to one hundred (I60) feet from ng or sucturc or tv the property tint. whichever is nearer_ or us required by the Fire Department, .neluding the maintenance of grass and other vegetation inure than thirty (30) from such building or structure. Cuttings are to he removed from the; property and disposed of properly. Vegetation is to he cut within two f2) inches of the around NOTICE REGARDING I1ARE, THREATENED0I1 EN1)A GERED SPEC IF.S it'vou slave previously rece�}'ed a Honer. from the Caliromia Department of Fish and Gaine or the U.S. Fish and Wildlife Services that rare, threatened or endangered species o! fish or yvildlde have occurred on your property to the areas iderttred for fuel break clearance, YOU MUST NOTIFY' BOTI i AGENCIES AND THE NATIONAL cf}'y RE DEP,AR71-1L1"F IN 1 tt! PING Al LEAST TEN (It) al PRIOR TO BEGINNING VEGETATION CLEARING IF THESE AGENCIES FAIL TO 08IFCT OR NO'IiFY YOU OF A NY AtL'UERNNATIVE PROCEDt RES WITHIN TfHQSE TCN (ih) DAYS_ YOI) MAY THEN- PRO( EED 70 CLEAR VEGETATION i AS D)RECTEII RY THIS NO'FiC[ , Fadure to provide nbuiication to these ag ncies may render}ou liable under Federal or State Law to penalties. National Citv'lunitipat Code 9.12.010'Public Nuisance Decttared—ln General Any of the following conditions are hereby declared to constitute a public nuisance; .tt the Fire Chief or htsr'lter designee determines that there exists in any budding cir art any premises combustible, hazardous or explosive materials or IS accumulations of rubbish; er unnecessary accumulations of wastepaper, boxes, shavings, or any highly flarnriiabtc materials which are se situated as to endanger operty, or finds obstructions to or on fire escapes, stairs. passageways, doors or windows that reasonably tend to interfere with the operations of theatre department err the egress of the occupants of sueh building of premises; or finds that the effectiveness of any exit door; attic separation or any fire separation well xs reduced; or finds that any provision ()flirt; L'nif©nn Firc Code is being violated. B. When the Fire Chief or his/her designee deems any chimney, smokestack. stove, oven, incinerator, furnace or other heating device, electric fixz ire or any appurtenance thereto, of anything regulated under a nationally recognized standard in or upon any bniiding structure or premises nix specifically mentioned to the Uniform Fire Code, to be defective or unsafe so as to create a hazard. C When the Fire Chief or his/her designee finds any condition which in his/her judginent increases or niay cause art increase of the hazard or menace of fire to a greater degree that customarily recognized as normal by persons in die public service reguhuly engaged in preventing, suppressing or extinguis}hng fire or any thingor wet which' may obstruct, delay, hinder or interfere with the operations of the firer department or the egress of occupants in the event of fire. National City NItinieipal Code 9.12.020 Public Nuisance Deetaretl--Weeds and Other Flainmahle 1Ylaterials All weeds, growing or located upon streets, sidewalks or private property are hereby declared to be a public nuisance. For the purposes of this chapter. "weeds" shalt ir;ciude the fkllow'nl W A. Weeds which bear seeds of a downy or wingy nature 13 Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when Jr . a fire menace to adjacent improtied property. C. Weeds which are otherwise noxious or dangerous, 12/. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace the the public health, E. Dry grass, stubble, brush. litter, or otter Ram -liable material which endangers the public safety by creating a lire hazard in a portion of the City which has been zoned for single and multiple residerce purposes: National City Municipal Cate 1,36.010 Public Nuisance Defined "Public Aatsance" means any condition defined or declared to he a public nuisance in any section of this code, ,and'or ;rid condition caused, inaintained or permitted to exist which constitutes a threat to the public's health, safety and welfare or which significantly obstructs, injures or interferes with the reasonable of free use of property in a neighborhood, community or to any considerable number of persons. A public nuisance also has the same meaning as set forth in California Civil Code Section 3179. National City MunicinalCade 1.36.060 Abatement --.Appeal liearino Within ten (10) days from the date of posting, mailing o1 personal service of the required notice, the owner or person occupying or controlling such lot or prenniscs affected may appeal to the City Council, Such appeal shall he in writing and shall be tiled with the City Clerk, if you should have any questions, please feel free to call this number: 1-866-779-3774 ,t^neaignna pregunta, pOr favor !lame al numeeo: 1-866-779-3774 rg katanungan, town wag long po sa numerong Ern: 1-S66-779-3774 Sincere: y Roan in public safely, You have the right to appeal this matter tone City Council within ten (10) days of the receipt of this notice i-866-779-3774 est.311 or bttp:/Ifireprevention.net The appeal shall be in writing and filed with the City Clerk (NCMC 1 36.050) **"Fire Prevention Services. Inc, is under contract with the Ctty of National City. Fire Prevention Services*** rev. 03l37/06.. 0424/06, 06111106 ).-'i .;,:.PostatiSer R ffi@St��sAteitoici e.FYt Fce O w^,aGisE� .5 S r e.;t--j0,1) Q � PesteritEd Detrvery Fee Q 351 19 00 Carolino Construction o 3035 E 8th St N }.-po National City CA 1 rtNi f�rr>s , atu13 Atsa complete ern g,lf Heloted Deitvery ttaslred. 'f1ot yi pairad address on the reverse o that ` an tetl m the' carii to you. " ; thEs card to tfte back of trio fnaiiplece, r-' Addtessedta 335t 19 00 .;aroIina Construction Corp 1 5 E 8th St Jational City CA rticte ;srrsfer hoar eerviee LOstnmrx ?fj .s7n e ° EA s2-3, jI1Il. 91950 COMPLETE THIS SECTION ON DELIVERY ort. Q Addressee very 3. Se vicelype 0; Certified Melt O Express Mao d' Registered 0 Return Recelpt tor Merchandise [1 insured 0 C.O.B. 4 , Restricted Delivery? (Extra Feel 7E109 0960' D000 5257 9748 'Oros 3811; February 2004 Dotiautic Return Receipt Ei Yes 102595-02-4�4:.. pime , 6-29-10 Final Inspection 333 . lbtl Sr : NAI7.0NAL C WORK Owner: Carolino Construction Corp Address: 3035 E 8th St National City, CA 91950 Parcel #557 351 19 00 Authorized b . Signature Authorization # 2608 Job location:1 Ave National City WHEN SIGNED 'THIS DOCUMENT r LLON CA_ 91950-4596 [ZATION IT; OF PASSAGE ONTO PRI V;% F E PROPERTY FOR THE PURPOSE OF FIRE VIO1ATION /PUBLIC NUISANCE REDUCTION OR REMOVAL. mEmoD OF CLEARING Entire Parcel Fire Break' 1-land Cutting: /piCTO sq. ft. Removal: Tractor Mowing: gig. ft Dscing cu. yds. sq, ft. CREW I1 ORMATI ON Crew Date Type: Type: Type: Type: Notes: Please clear the entire roper of all weeds dead ve etation, trash, debris and arundo. All piles f dead vegetation and debris must be removed from the property. (Please maintain any and all grasses below 3 inches year round) 06 SAR DI(yq. COGM[Y ASSESSORS MAP goo, .3 S7. vwct .35 e-. raiEorza'c.r !D M1322{+ae.95.r. 0 6 1'191 SM15223 AUESS IS ASSUMEDMAD ,TOR THE ACCURACY roR OH THE UATA SHORN PURPOSES4 ASSESSOR'S PARCEL�Sv `'AAY NOT COMPLY M^TH I. OCAL SUBDIVISION CR WADING ORDINANCES. I4TH; ST -` OL 391 4 aC51r SM;::. axa-9 3S.! � So R/-11 8 r4S r>. 351 16 " 17.25 0G ZGO'; MAP 15223 - CAROLINO HILLSIDE HOMES MAP 166 - RHO DE LA`NACION - POR QSEC 132 rrot apa rordragrpmpir�'nmounr,o Hand ST, Ft„ ?' Oc dr i `Work -, P.O Box 1720 : El Cajon, + A 92022-1720 (619) 401-1863 : fax (619) 445-6336 http://fireprevention.net 8/2/2010 Carolino Construction Corp 3035 E 8th St National City, CA 91950 Parcel # 557 351 19 00 Location: M Ave National City Dear Carolino Construction Corp, This letter is to inform you that the Public Nuisance on the above referenced property was abated pursuant to a prior Notice to Abate and order of the City of National City. Fire Prevention Services, was contracted by the City of National City to help reduce Public Nuisances and potential fire violations thus improving the safety of its citizens. The abatement work on your property was performed as mandated by The National City Municipal Code Chapter 1,36. The charges thus far total $950.00. You will incur no further costs if this amount is paid within fifteen (15) days of the date of this notice. Failure to pay this bill may result in the filing of an abatement lien upon your property. Please make your check payable to Fire Prevention Services and include the Parcel # 557 351 19 00 on the check. If you have any questions please call us direct at 619-401-1863. Sincerely, Fire Prevention Services, Inc. rev.05/ 19/06 Tractor Mowing NATIONAL CITY SCHEDULE OF FEES .. per parcel, sized 1 to 7,500 square feet $250.00 B. per parcel, sized 7,501 to 15,000 square feet $325.00 C. per parcel, sized 15,001 square feet to 30,000 square feet $400.00 D. per parcel, sized 30,001 square feet to one acre $450.00 E. per square foot over one acre $00.02 sq. ft. quantity I land Labor A. per square foot of area abated Dozer Operation A. hourly rate B. move -on fee sub total S0.10 6000 sq. ft. 600.00 $150.00 $150.00 Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $38.00 X I3. dump fees (reimbursement of cost) Administrative Fee (failure to comply by deadline of notice) A. per parcel Attorney Services A. per parcel. per hour Assessment Fees (includes preparing reports. attending hearings, etc.) A_ cost confirmation fee, per parcel Miscellaneous Fees Per Parcel A. special inspection fee 13. abatement lien C. Interest on lien (apr) D. release of abatement lien E. public notary F. file duplication fee G. unscheduled Labor per man hour Il. unscheduled fees FILE 11 2608 cu.yds $350.00 1 _,. _ 350.00 $200,00 $275,00 $50.00 $50.00 10% o $50.00 S20.00 $50.00 $50.00 (reimbursement of cost) APN 4 557 351 19 00 TOTAL $ 950.00 P.O. Box 1720 : El Cajon, CA 92022-1720 (619) 401-1863 : fax (619) 445-6336 http:1/fireprevention.net Final Bill' 8/20 2010 Carolino Construction Corp 3035 E 8th St National City, CA 91950 Ref: Parcel # 557 351 19 00 Dear Carolino Construction Corp. This is a reminder of the letter we sent`you on 8/2/2010 and we have not received payineni in the amount of S950.00 If we do not receive payment within 1-0 daysrequired to seek appropriate action' to collect these nionies. This action may include tiling an abatement lien on your property and forwarding this hill to our collection agency. Under state and local law, costs for such action will be added to your total amount. Please tender a check to us immediately to avoid any farther action. Make your check payable to Fire t' Parcel 4 557 351 19 00 on the check. ne., and include the Should you need to discuss this matter you matt contact us at (619) 401-186 Sincerely, Fire Prevention Services_ Inc_ rev,05 19/06 RECORDING REQUESTED BY Fire Preventkn Services, Inca PO Box 2012 Alpine, CA 919032012 (619) 562-10 8 fax (619) 445-6336 AND 1VUEN RECORDED MAiL TO Fire Prevention Services, Inc. PO Box 2012 Alpine, CA 91903-2012 DOCp 2010�i }IIIIJ1t1Jf IIIII IltAlllfillll!I'PII 111111111111 A&9437 SEP 07, 2010 1:37 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER FEES. 0.00 PAGES: 1 111111III IIIII H Il11111111 1[11111111111111111111I11111I1111111111111111111 NOTICE OF ABATEMENT TO THE CURRENT OWNER OF RECORD ANI3 ANY FUTURE OWNRS/PURCHASERS OF THE HEREIN DESCRIBED PROPERTY WHEREAS it v+.as determined that a violation of Chapfer 1.36 ofthe National City Municipal Code did exist and WHEREAS such violation was orcleted abated 7/20/.20I0, and WHEREAS representatives of the National City Fire DeparUm WHEREAS the charge for such abatement amounted to SS1,020.00 TI iEREFORE be it known that an abatement obligation exists on the property- regardless of owner until paid. The current os°ner of the property is Carolina Construction Corp at 3035 1 8th St, National City. CA 91950 described as follows: APN 4 557 351 s 19'00 ADDRESS: M Ave National City LEGAL DESCRIPTION National City "In-0 S 2000-2 Carolinohltl1 Lot I his abatetnent obligation shall attach to the property, not the owner, and after confirmation by the City Council shall become a special assessment on the property tax bill If not paid pursuant to State Law and State Tax Lien Law, the property may be sold to satisfy that obligation. The amount of such claim shall he S1,020,00 plus interest and other costs which may hereafter become due. This filing does not preclude the filing of legal action for collection: Should such actions he required or determined to be appropriate, reasonable legal fees will he incutrcd and added to said obligation. he violations) on 7129i2010, and DATED: September 3 2010 State of California )SS. County of San Diego Cert ()shorn, Fire {'reventio Services. Inc., Designee tar National City Fire Departnient irate Of Acknowledoernent On September 3, 2010 before me, Ravin James Rroatch, Notary Public, personally appeared Ken Osborn, who proved to me on the basis ofsatisfactory evidence to be the person(s) whose name(S) is"are subscribed- to the within instrument and acknowledged to me that heishc they executed the same in hts,het,'their authorized capactty(ies), and that by his.herltheir signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws ofthe State of California that the foregoing paragraph is true and correct. W'ITNI:S �ri It ar(d and official seal. ra GA'VIN JAMES E1 0ATCH COMM. # 1623149 tti/RY FUHLIC CAL:FORMA SAN DIEGO CduNT'Y () EgPturS'r%0V.1S 2,112 (Seal) SUMMARY REPORT FOR APN 557-351-20-00 05/11/10 Initial inspection was made, property was found to be in violation. 05/17/10 Mailed 30 day courtesy notice to the property owner. 06/17/10 Re -inspection was made, property was found to be in violation. 06/17/10 Posted property. 06/18/10 Mailed 10 day final notice to the owner, certified mail. 06/23/10 Received signed certified return receipt. 06/29/10 Final inspection was made, property was found to be in violation. 06/30/10 Verified ownership information with the County of San Diego. 07/20/10 Work order authorization signed by City Official. 07/29/10 F.P.S.I. crews abated the property. 08/02/10 The owner was mailed a bill at our contracted rates. 08/20/10 The owner was mailed a final bill. 09/03/10 A Notice of Abatement was filed on the property. 06/10/11 The list of Fixed Charge Special Assessments [EXHIBIT "Al and the City Clerk's "NOTICE OF PUBLIC CONFIRMATION OF COSTS HEARING" was served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the property. /26 CITY OF NATIONAL CITY FIRE DEPARTMENT 140 E. 12th St. : Suite A : NATIONAL CITY, CA. 91950-4596 NOTICE TO ABATE PUBLIC NUISANCE Owner: Carolina Construction Corp Address: 3035 E 8th St Date: 5/17/2 National City, CA 91950 0' Location of Public Nuisance: NI Ave National City Instructions for Abatement: Please clear the entire property Mall cods, dead vegetation, trash, debris and arundo. All piles of dead vegetation and debris must be removed from the property. (Please maintain any and all Brasses below 3 inches year round) You are hereby directed to abate the public nuisance described above, of which you are the occupant or owner, within thirty (30) days of S/17/2010. **Your lathnte to cotnply with this order rti•tll result in the City having your property cleaned by the City's contractor at Your expense (per National City Municipal Code Chapter (36). ;1 $350.00 administrative fee will he charged in addition to the contractor's fees to clean the property (per Resolution number 94-97). ` Violations are also subject to prosecution as misdemeanors. Guidelines For The Abatement of Flammable Vegetation For the protection of life and property, remove all brush flammable vegetation, or combustible growth which is located from thirty (30) feet to one hundred (100) feet from such a budding or structure or to the property line, whichever is nearer, or as required by the Fire Department, Including the maintenance of grass and other vegetation more than thirty (30) from such building or structure_ Cuttings are to be removed froth the property and disposed of properly. Vegetation is to be cat within two (2) inches of the around. Parcel Number: 557 351 20 00 "NOTICE REGARDING RARF;- THREATENED OR ENDANGERF, SPECIES" if you have previously received a notice float the California Department of Fish and Cattle or the L R Fish and Wildlife Services that rare, threatened or endangered species al fish or wildlife have occurred on your property in the areas identified for fuel break clearance, YOU MUST NOTIFY 130'fH AGENCIES AND THE NATIONAL CITY FIRE DEPARTMENT IN WRITING AT LEAST TEN (10) DAYS PRIOR TO BEGINNING VEGETATION Ct.FAR1NG IF THESE. AGENCIES FAiI, TO ORJFt; T OR,N() I It Y YOU OF ANY ALTERNzJTIVE PROCi3DLRE.S WITHIN THOSE TEE (10) 'DAYS, Y61 MAY THEN PROCEED TO CLEAR VEGETATiON AS DIREC FED t3Y T131S NOT ICF, Fa+ture to provide'irotfficaion to these agencies may resider you liable under Federal or State Law, to penalties, National City Municipal' Code 7 32.O10 Puhlie Nuisance Declared--]ti General Any oldie following eon iitinns are hereby declared to constitute a public nuisdltec 'hen the Fire Chief or hislhcr designee determines that there exists in any building or an any premises combustible, hazardous or explosive materials or dangerou tulations of rubbish; or unnecessary accumulations of wastepaper, boxes. shavings, or any highly flammable materials which are so situated as to endanger life ui property, to finds obstnictions to or on fire escapes. stairs, passageways, doors or windows that reasonably tend to interfere with the cpetabons of the fire deportment or the egess of the occupants of such building of premises; or finds that the effectiveness of any exit door, attic separation or any fire separation wall is reduced; or finds that any provision of the Uniform Fire Code is being violated. 13 When the Fire Chief or his/her designee deems any chimney, smokestack, stove. oven, incinerator, furnace or other heating device electric fixture or any appurtenance thereto, or anything regulated under a nationally recognized standard in or upon any building, structure or premises not specifically mentioned in the, Uniform Fire Code, to be defective or unsafe sous to create a hazard. When the Fire Chief or his/her designee finds any condition which in hisflier judgment increases or may cause an increase of the hazard or menace of fire to a treater degree that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or any thing or act which may obstruct, delay. hinder or interfere with the operations of the fire: department or the egress of occupants in the event of tire. National City Municipal Code 9,12-020 Public Nuisance Declared —Weeds and Other Flammable IN'aterials 111 heeds growing or located upon streets, sidewalks or private" property are hereby declared to be a public nuisance. For the purposes of this chapter," seed;" shall Include he following: A. Weeds which beau seeds of a downy or wings nature Sagebrush, chaparral, and any other brush: or weeds wind, attain such large growth as to become, when dt}, a fire menace to Weeds which are otherwise noxious or dangerous, J. Pmmn oak and poison ivy when the conditions ofgrowfh are such as to constitute a menace the the public health. Dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a Fie hncard rq a portion of the i:i which has been zoned for single and multiple residence purposes. National City Municipal Code 1,36.010 Public Nuisance Defined Public Nuisance" means any condition defined or declared to, be a public nuisance in any section of this code, and/or and condition caused, maintained or permitted to exist shish constitutes a threat to the public's health, safety and welfare or which significantly obstructs, injures or interferes with the reasonable of free use of property w a teighhorhood. community or to any considerable: number of persons. A public nuisance also has the same meaning as set fotth in California Civil Code Section 3479- National City lunicipal Code 136.060 Abatement --Appeal . Hearing Vithin ten (10) pays fiom the date of posting mailing or personal se-s ice of the required notice, the owner or person ocenosieg or controlling such lot or premises afJzcted ,lay appeal to the City Council Such appeal shall be in writing and shall be filed with the City Clerk, ( y'on should have any questions, please feel free to tall this number: I-866-779-3774 ' d tienealguna pregunta, por favor flame at nwnero: 1-866-779-3774 dmang katanungan, tumaisag lang po sa numerong ifo: 1-866-779-3773 sincerely yours in public safety, -866-779.3774 ext. 311 or http:/ffrrcpreven 'ire Prevention Services'** *`You have the right to appeal this matter to the City Council within ten (10) days of the receipt of this notice. on.net The appeal shall be in writing and filed with the City Clerk, (NCMC 136_050) * *"Eire Prevention Services, Inc. is under contract with the City of National City_ s NATIONAL CITY FIRE DEPARTMENT COMMON QUESTIONS AND ANSWERS ARE YOU THE CURRENT OWNER OF THIS PROPERTY? Yes HAVE YOU CLEARED THIS PROPERTY SINCE THIS NOTICE? DO YOU UNDERSTAND THE INSTRUCTIONS FOR ABATEMENT? Yes HAVE YOU MADE ARRANGEMENTS TO ABATE THE PROPERTY? No Yes PROPERTY OWNERS ARE RESPONSIBLE FOR MAINTAINING HAZARD ABATEMENT ON A YEAR ROUND BASIS. CALL FIRE PREVENTION 1-866-779-3774 http://firepreventi on. net CALL FIRE PREVENTION FOR RE -INSPECTION. 1-866-779-3774 http://fireprevention.net No—► HAVE YOU THOROUGHLY READ THE ABATEMENT INSTRUCTIONS WOULD YOU LIKE THE CITY TO ABATE THE HAZARD FOR YOU? J. IF NOT ABATED WITHIN TIME SPECIFIED THE OWNER WILL BE CHARGED A $350.00 ADMINISTRATIVE FEE. PLUS FIRE PREVENTION WILL ABATE. THE OWNER WILL BE BILLED FOR ALL COSTS Yes Yes IF YOU DO NOT UNDERSTAND Yes 0( INSTRUCTIONS CALL FIRE PREVENTION. 1-866-779-3774 http://fireprevention.net CALL FIRE PREVENTION WHEN COMPLETED FOR RE -INSPECTION. 1-866-779-3774 http:/lfireprevention.net / CALL FIRE PREVENTION FOR ARRANGEMENTS. 1-866-779-3774 http://fireprevention.net IF ARRANGEMENTS ARE MADE PRIOR TO CITY ABATING HAZARD, THE ADMINISTRATIVE FEE MAY BE WAIVED. 333 E. 16th Street : National City, CA : 91950-4596 l 7 CITY OF NATIONAL CITY SCHEDULE OF FEES Tractor Mowing A. per parcel, sized 1 to 7,500 square feet B. per parcel, sized 7,501 to 15,000 square feet C. per parcel, sized 15,001 square feet to 30,000 square feet D. per parcel, sized 30,001 square feet to one acre E. Per square foot over one acre 2. IIand Labor A. per square foot of area abated Dozer Operation A. hourly rate B. move -on fee $250.00 $325.00 $400.00 $450.00 $ 00.02 $ 00.10 $150.00 $150.00 4. Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $ 38.00 B. dump fees (reimbursement of cost) 5. Administrative Fee (failure to comply with final notice) A. per parcel b. Attorney Services A. per parcel, per hour $350.00 $200.00 7. Assessment Fees (includes preparing reports, attending hearings, etc.) A. Cost conlirmations fee, per parcel $275.00 8. Miscellaneous Fees A. B. C. D E. F. (i. H. special inspection fee abatement lien Interest on lien (apr) release of abatement lien public notary File duplication fee Unscheduled Labor per man hour unscheduled fees $ 50.00 $ 50.00 10% $ 50.00 $ 20.00 $ 50.00 $ 50.00 (reimbursement of cost) / ' T' OF NATIC 140 E. 12th St: Suite' 1 : NAtI+CNAY FINAL NOTICE TO `A] cr: Carolino Construction Corp Address: 3035 E 811) St Date: 6/18/2010 National City, CA 91950 Location of Public Nuisance: M Ave National City Instructions for Abatement: Please clear the entire property of all weeds; dead vegetation, trash-, debris and arundo. All piles of dead vegetation and debris must he removed from the property. (Please maintain. any and all grasses below 3 inches year round) You are hereby directed to abate the public nuisance described above. of which you are the occupant or owner, within ten (10) days of 6/18/2010. **Your failure to comply with this order will result in you being charged the administrative fee and the City having roar property cleaned by the City's contractor at your expense (per National City Municipal Code Chapter 1.36). A $350.00 administrative fee will be charged in addition to the contractors fees to clean the property (per Resolution number 91 97). Violations are also subject to prosecution as niisdenreanors. Guidelines. For The Abatement ofFlainmablc Vegetation For the protection of life and property, remove all brush, flammable vegetation, or combustible growth which is located front thirty(30) feet to one hundred (100) feet from such a budding or structure or to the property line. whichever is nearer, or as requiredby the Fire -De ariment, including the maintenance of grass and other vegetation more thanndthan th� (301 from such building or structure. Cuttings are to be removed from the property and disposed of properly, Vegetation is to be cut within two (2) inches of the -NOTICE REGARDING RARE, THREATENED OR ENDANGERED SPECIES If you have previously received a notice from them Califora Department of Fish and Garne or the U.S fish a id Wiidiifc Services t2rat rare; threatened o) endnnge ed spec es of fish or wridlde have occurred on your property in the areas identified for fuel break elearance; YOU; MUST NOTIFY BOTH AGENCIES AND THE NATIONAL Cr FIRE DEPARTMENT IN WRITING AT LEAST TEN (10) DAYS PRIOR TO BEGINNING VEGETATION CLEARING IF THESE AGENCIES FAIL TO OBJE 4R tstOTIFY YOU OF ANY ALTrRNATIVE PROCEDURES WITHIN THOSE TEN (i 0) DAYS, YOIJ MAY THEN PROCEED TO CLEAR VEGETATION AS DiRECTFD BY THIS NOTICE.ral Failure to provide notification to these agencies may render you liable under Federalor State Law to penalties: National City A9iiniei edae.9.12.010 Public Nuisance Declared tb General by declared to constitute a public ✓nuisance:. A- When the Fire Chief or hislt er designee determines that there exis( in any building or eat any premises combustible, hazaralous or explosive materials or dmisernpg aecumula6ons of rubbish, or unnecessary accumulations of w•astcpaper, hoNes shavings oi)any highly' tiatnmabie materials which Lire so situated as to endanger ropen); ar f nds obst ueuons to nr an fire escapes. stairs, passageways, doors or windows that reasonabty tend ta.rnterfere. with the operations of the fire department tress of the occupants of such building of premises; or finds that the -effectiveness of any exit door, attic separation or att3' Sire separation wall is reduced; or finds t.nm any provision of the Uniform Fire Code is being violated: fr. When the Fire Chief or hislher designee decals any chimney, smokestack, stove, oven, incinerator: furnace or other heating device, electric fixture er any appurtenance thereto, or anything regulated under a nationally recognized' standard in or upon any building, slruchrre or premises not specifically mentioned itt Elie Uniform Fire Cade. to be defective or tinsafe 5o as to create a hazard_ C. When the Fire Chief or his/her designee finds any condition which in h isfher judgment increases or may cause an increase of the hazard or menace of fire to a ;heater degree that customarilg� recognized as normal by persons in the ptiblic service regularly engaged in preventing, suppressing or eztingui-heir fire or any thine or act which luny ohsnucl, delay, hinder or interfere withlthe operauons of the fire department ;the egresss'nf occupants in the event of fire National City Ylunicipal Code 9.12.021) Public Nuisance Declared —Weeds and Other Flantntable itlaterials All needs, growing or incited' upon streets, sidewalks or private property are hereby declared to be a puhlic nuisance For thc purposes of this chapter, "-reds" shall include Weeds which bear seeds ofa downs, or winfn nature. SagebnrshWeedswhichaparralchareoth , and aria ether brush; or weeds which attain such large growth as to become, when dry, a fire mrace to adjacent improved property_ erwise noxious or dangerous. Poison oak and,poison ivy when the conditions of growth are such as to constitute a menace the the politic health Dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard in a portion of which Citr- which has been zoned for single and multiple rest deuce purposes 919 J-45ot6 ,IC NUISANCE arcel Number: 557 35120 00 Any r the foliori ing the following, A. B. C. D. National City Municipal Code 1.36.010 Public Nuisance Defined 'Public Nuisance" means any condition defined or declared to be a pabtie nuisance in any section of this code, and/or and condition caused, maintained or permitted to exist which constitutes a threat to the public's health, safety and welfare or which significantly obstructs, injures or interferes with the reasonable of free use of property in a neighborhood, community or to any considerable number of persons, A public nuisance also has the same meaningas set forth in California Cnil Code Section 3479, National ('ity:DhinieipalCode 1.36.060 Abatement—..npeal--Hearing Within ton (ID) days from the date of posting, mailing or personal service of the required notice, the ow°ner or person occupying or controlling stir)) lot or premises affrcles may appeal to the City Council. Such appeal shall he in writing and shall be filed with the Ctt}• Clark If you should have any questions, please feel free to can ibis number: 1-866-779-3774 usted tienealguna pregunta, poi favor flame numero: 1-866-779-3774 is anumang katanungan, tnrnawag lang po so numerort ito: i-866-779-3774 tours in public safety, tot ice. 1-866-7793774 ext. 311 or http:✓Nirepreyention.net ire Prevention Services;** co 03/271)6, 0424/06, 06/21 /06 "You have the right to appeal this matter to the City Council within ten (10) days of the receipt of this 1 he appeal shall be in writing and tiled with the City Clerk (NC -MC 1 -36.030) ***Fire Prevention Services, Inc. is under contract with the City ofNatienal City. ��rl ta$PS.I U;stu % 18 Fos. Q; Itsfzdor:ea;rRd Revrrt 4o ) iE� icu^snr��i t?e uxtd} -'o o 3 U�" iy zl -`=..o6/'1-'d oijj,_ 0 557 351 20 00 II s mrc Carolino Construction Corp 1:3 3035E 8th St cr Pal National City CA 91950 ND ER: COMPLETE THIS SECTION ttert'1 Print}39 sO 1H9<9 Attach O4 on The ArtrdeAdd�ssedtp 557 35'120loOsOtroCarolina CoCorp cfwn 30 5 8th St ')nat,CityCA Arti-e-: rt4? fer rr, seivtce labeq _; CCMFLET E THIS SECTION ON DELIVERY Q Mau ' Retum Receipt fw Me cF�andise Restrictedbelrveryf P4,6 Fee)' 713119 1396D: gbDo 5257 9717 es Form 3811, February 2004 Domestic Return Receipt N c� •Ir Ti 1 6-29-10 Final Inspection .2--f4te AIONAL CI'T' CA. 91950-4596 WORK ORDER AUTHORIZATION orization # 2609 Owner: Carolino Construction Corp Address: 3035 E 8th St National City, CA 91950 Parcel #557 351 20 00 Job location:M Ave National City Authorized y:'- ` ,,y, , +, ` -1'ivl� Signafxzre Date: WHEN SIGNED THIS DOCUMENT ALL W?RIGHT OF PASSAGE ONTO PRIVATE PROPERTY FOR THE PURPOSE OF FIRE VIOLATION / PUREIC NUISANCE REDUCTION OR REMOVAL. METHOD OF CLEARIN Entire Parcel !landCutting: sq, ft. Tractor Mowing: Type: Type: type; Type: Fire, Break Removals cu. yds. Motes: Please clear the entire property of all weeds. dead vegetation, trash. debris and aruado. All piles dead vegetation and debris must be removed from the property. (Please maintain any and all Qrasses below 3 inches year round) 06 0 SAN OIEGO GOUNTr AS SESSOCI S-*AP BOOK SSV PAGE .. 31 •03'?P'S wni •a3'Zd'G='_ 1a PNy154p3 R 11203 M:lszza 3`v}b.. uIT01t ONOR,.Ce55 S-T THIS MAP WAS PRERARED NM OSES OWL,. AO LIABILITY IS As SLIMED COMPLY WITH LOCAL SUM AS' N DATA OR UILDI G ORDINANCES, 0 Z. 0 I4 T H' ST CH !Sf 461 351 15TH ST. /""o 3 MAP 15223 - CAROLINO HILLSIDEHOMES MAP 166 RHO OE LA NACION — POR QSEC' 13E 45l/ro` cur 74 ; vp„ry vF, vta}itpfllS. pf 9. A[T1S)SIFf ?'r�ctor$q. F,y . P 900 P.U. Box 1720 : E1 Cfaion, CA 92022-1720 (619) 401-18b3i : fax (619) 445-6336 liitpJlfiireprevention.net 8/2/2010 Carolino Cons tnucti on Corp 3035 E 8th St National City. CA 91950 Parcel # 557 351 20 00 Location: M Ave National City Dear Carolino Construction Corp, This letter is to inform you that the Public Nuisance on the above referenced property as abated pursuant to a prior Notice to Abate and order of the City of National City_ Fire Prevention Services was contracted by the City of National City to help reduce Public Nuisances and potential fire violations thus improving the safety of its citizens. The abatement work on your property was performed as mandated by The National City Municipal Code Chapter 1.36. The charges thus far total $950.00. You will incur no further costs if this amount is paid within fifteen (15) days of the date of this notice Failure to pay this bill may result in the filin ofan abatement lien upon yo Please make your check payable to Fire Prevention Services and include the Parcel # 557 351 20 00 on the check. If you have any questions please call us direct at 619-401-1863. Sincerely, Fire Prevention Services, Inc. rev.05119/06 property. Tractor Mowing .. per parcel, sized 1 to 7,500 square feet $250.00 B. per parcel, sized 7,501 to 15,000 square feet $325.00 C. per parcel, sized 15,001 square feet to 30,000 square feet $400.00 D. per parcel, sized 30,001 square feet to one acre $450.00 E. per square foot over one acre $00.02 sq. ft. Hand Labor A. per square foot of area abated Dozer Operation A. hourly rate B. move -on fee sub total $0.10 6000 sq. ft. 600.00 $1 50.00 $150.00 Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $38.00 x B. dump fees (reimbursement of cost) Administrative Fee (failure to comply by deadline of notice) A. per parcel cu.vds = $350.00 1 350.00 .attorney Services A. per parcel, per hour $200.00 Assessment Fees (includes preparing reports, A. cost confirmation fee, per parcel Miscellaneous Fees Per Parcel A. special inspection fee B. abatement lien C. Interest on lien (apr) D. release of abatement lien E. public notary F. file duplication fee G. unscheduled Labor per loan hour 11. unscheduled fees FILL # 2609 APN # 557 351 20 00 $50.00 $50.00 10% $50.00 $20.00 $50.00 $50.00 (reimbursement of cost) TOTAL $ 950.00 8/20/2010 : El Cajon, CA 92422-1720' 619) 401-1863 fax (619) 445-6336 http://firepre'vention.net Final Bill Carolino Construction Corp 3035 E 8th St National City, CA 91950 Ref: Parcel # 557 351 20 00 Dear Carolino Construction Corp, This is a reminder of the I' amount of S950;00 if we do not receive payment these monies. ou on 8/2/2010 and w'e have not received payment in the ithin 10 days we ill be required to seek appropriate action to collect This action may include filing an abatement lien on your property and forwarding this hill to our collection agency. Under state and local law, costs for such action will be added to your total amount. Please tender a check to us imnecliately to avoid any further action. Make your check payable to Fire Pi-eServices, Inc., and include the Parcel 4 557 351 20 00 on the check. Should ou need to discuss this Sincerely, Fire Prevention Services, Inc. rev.0 /19`06 contact us at (61 9) 401-1863. RECORDING REQCESTED BY' Fire Prevention Services, Inc. PO Box 2012 Alpine; CA 91903-2012 019) 562-1058 fax (619) 445-6336 AND WHEN RECORDED MAIL TO Fire Prevention Services. inc_ PO Box 2012 Alpine, CA 91903-2012 oocu 20100469438 IItlViWUl�i I-11111IfIIII111INIII IIIMPNIV11I IAllll SEP 07, 2010 1:37 PM SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L BUTLER, COUNTY RECORDER FEES: 0.00 PAGES: UFFICIAL RECORDS 111 Illil IIIII IIIIk IiIII I 1 III II II I11II IIiII IIIII IINI Ill llII lIII IIIIC III I I II NOTICE OF ABATEMENT 'CO THE CURRENT OWNER OF RECORD AND ANY FUTURE OWNERS/PURCHASERS OF'I'FIE HEREIN DESCRIBED PROPERTY iVHEREAS it was determined that a violation el -Chapter 1.36 of the National City Uftuticipal Code did exist, and WHEREAS such violation was ordered abated on 7'20/2010 and WHEREAS representatives of the National City Fire Department abated the violation(s) on 7129.2010 and WHEREAS the charge for such abatement amounted to $1,020.00; 7IIEREFORE be it known that an abatement obligation exists on the property regardless of owner until paid. The current owner of the property is Carolina Construction Corp at3035 G 8th St, National City, CA 91950 described as follows: APN45573512000 ADDRESS: 117 Ave National City 1 .EGA DESCRIPTION: National City 1'rn S-2000-2 Carolit olIiIl Lot 4 This abatement obligation shall attach to the property; not the owvner, and after confirmation by the Cit4 Council shall become a special assessment on the property tax bill. If not paid pursuant to State Law and State "rax Lien 1.mk,, the property may be sold to satisfy that obligation. The amount of such claim shall be $1,020.00plus interest and other costs which may hereafter become due This filing does not preclude the filing al` legal action for collection. Should such actions be required or determined to be appropriate, ieasonable legal fees will be incurred and added to said obligation;' DATED' September 3. 2010 State of California ) SS. County of San Ken Osrborn, Fire Prevention Services. inc., Desiencc'for National City Fire Department Certificate Of 1lcknowlcdgement On September 3. 2010 before me. Gavin James Broatch. Notary Public, personally appeared Ken Osborn, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is'are subscribed to the vvithin instrument and acknowledged to me that he/she they executed the same in hisf her;their authorized capaeity(ies), and that by his/her/their signatures) on the instrument the nerson(s), or the entity upon behalf of which the pet -sot -Its) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws ofthe State of Caailbniia that the forc<nong paragraph is true and correct. W l NESnpt fit dand official seal y � r V fi GA ]h1 J t;iCS iil?0� i i ii 0 COMM. # 1823129 ,; "0TIRY PUBLIC-CittPQR#t1it, SAN DIEGO COUNTY COMM. EXPIRES'tOV1. l° 2012 / J (Seal) SUMMARY REPORT FOR APN 557-351-21-00 05/11/10 Initial inspection was made, property was found to be in violation. 05/17/10 Mailed 30 day courtesy notice to the property owner. 06/17/10 Re -inspection was made, property was found to be in violation. 06/17/10 Posted property. 06/18/10 Mailed 10 day final notice to the owner, certified mail. 06/23/10 Received signed certified return receipt. 06/29/10 Final inspection was made, property was found to be in violation. 06/30/10 Verified ownership information with the County of San Dicgo. 07/20/10 Work order authorization signed by City Official. 07/29/10 F.P.S.I. crews abated the property. 08/02/10 The owner was mailed a bill at our contracted rates. 08/20/10 The owner was mailed a final hill. 09/03/10 A Notice of Abatement was filed on the property. 06/10/11 The list of Fixed Charge Special Assessments [EXHIBIT "Al and the City Clerk's "NOTICE OF PUBLIC CONFIRMATION OF COSTS HEARING" was served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the property. CITY OF NATIONAL CITY FIRE DEPA MENT 140 E. l2th St. : Suite A : NATIONAL CITY, CA. 9195OE-4596 NOTICE TO ABATE PUBLIC NUISANCE Owner. Carolino Construction Corp Address: 3035 E 8th St Date: 5/17/2(i10 National City, CA 91950 Location of Public Nuisance: M Ave National City instructions for Abatement: Please dear the entire proper ty of all weeds, dead vegetation, trash, debris and artindo, All piles of dead vegetation and debris must be removed from the property, (['lease maintain any and all grasses below 3 inches year round) You are hereby directed to abate the public nuisance described; above, of which you are the occupant or owner, within thirty (30) days of 5/17/20I0_ **Your failure to comply with this artier will result in the City having your property cleaned by the Citys contractor at vont expense (per National City. Municipal Code Chapter 1.36)_ A S35000 administrative fee will be charged in addition to the contractor's fees to dean the property (per Resolution number 94.97). Violations are also subject to prosecution as misdemeanors- Coidelines For The Abatement of flammable Vegetation I or the protection of life and property, remove all brush, flammable vegetation, or combustible growth which is located from thirty (30) feet to one hundred (100) feet from such a build tngor structure or to the property line,whichever is nearer, or as regaired by the Fire Department, including the maintenance of grass and other vegetation more than thirty (30) from such budding or structure. Cuttings are to be removed from the property and disposed of properly. Vegetation is to be cut within two (2) inches of the ground. Parcel Number: 557 351 21 00 "NOTICE REGARDING RARE. 'THREATENED OR ENDANGERED SPECIES" if you have previously received a notice from the California Department of -Fish and Game or the H.S. Fish and W'ildhfe Services that rare, threatened or endangered species of fish or wildlife have occurred on your property in the areas identified for fuel break clearance, YOU MUST NOTIFY BOT}i AGENCIES AND THE NATIONAL CITY FIRE DEPARTMENT IN WRITING Ar !EAST TEN (10) DAYS PRIOR TO i1EGINNING VEGETATION CLEARING. IF THESE AGENCIES PAIL TO OBJECT OR NOTIFY YOU OF ANY ALTERNATIVE PROCEDURES WITHfv TIIOSE TEN (10) DAYS, YOU MAY THEN PROCEED' TO CLEAR VEGhfAIION AS DIRECTED BY TIIIS <OTiCE Failure to provide notification to these agencies may render you liable under Federal or State Law to penalties. National City MimicipaI Code 9.12.010 Public Nuisance Declared -In Generai An)' of the lowing conditions are hereby declared' to constitute a public nuisance* When the Fire Chief or his/her designee determines that there exists in any building or On any premises combustible, hazardous or explosive materials or dangemu aulatious of rubbish; or unnecessary accumulations of wastepaper, boxes, shavings, or any highly flammable materials which are so situated as to endanger life o- property; or finds obstructions to or on fire escapes_ stairs, passageways, doors or windows that reasonably tend to interfere with the operations of the fire department or the Tress of the occupants of such building of premises; or fiends that the cffeetweness of any exit door, attic separation or'anv fire separation wall is reduced, or finds that any rrorision of the Uniform fire Code is being violated When the Fire Chief or his/her designee deems any chiumev, sinokestaek, stove, oven, i0cmerator, furnace or other heating device, electric fixture or any tpprrtenance thereto, or anything regulated under a nationally recognized standard in or upon any budding. structure or premises not specifically mentiiined in the Uniform -tie Code to be defective or unsafe so as to create a hazard. When the Fire Chief or his/her designee finds any condition w1high in his/her judgJaeM increases or may cause an increase of the hazard or menace of fire to a treater degree that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or e'tinguishing fire or any thine or act stitch may obstruct dent, hinder or interfere with the operations of the tire department or the egress of occupants rn the event of firs.. Yatirmat C itv Municipal Code 9.12.020 Public Nuisance Declared —Weeds and Other Flammable Materials_. VIt weeds. growing or located upon streets, sidewalks or private property are hereby declared to be a public nuisance. For the purposes of this chapier, "weeds" shall include he following: Weeds which are otherwise noxious or dangerons- Poison oak and poison ivy when the conditions of growth are such as to constitute a menace the the public health. Dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard ]n a portion oldie (;lty which has been zoned for single and multiple residence purposes. such large arov as to become, when dry a fire n Weeds, which bear seeds of a downy or wvhgy nature. Sagebrush, chaparral; and any other brush or weeds which attain m nace'to adjacent improved' property. National City Municipal Code 1.36.010 Public Nmsance Defined Public Nuisance" means any condition defined or declared to be a public nuisance in any section of this code, and/or and condition caused, maintained or permitted to exist Mich constitutes a threat to the public's health, safety and welfare or which significantly obstructs, m)urev or interferes with the reasonable of free use of property in a eighharhood community or to tiny considerable number of persons A public nuisance also has the same meaning as set forth in California Ciril Code Section 3479. National City Municipal. Code 1.36.060 Abatement- Appeal-- Hearing e'nhm ten (10) days from the date of postine mailing or personal service of the required notice, the owner or person occupying or controlling such lot or premises of Eected ray appeal to the City Council Such appeal shall be in ienune and shall be fled with the City Clerk. f on should have any questions, please feet free to call this number: I-866-779-3774 • -d tienealguna pregunta, por favor flame al nurnero: 1.866-779-3774 rmang katanongen, turnawag lang po so numerorg ittr 1-866-779-3774 incerely yours in public safety. ''You have the right to appeal this matter to the City Council within ten (10) days of the receipt of this notice .866-779-3774 ext. 311 or http://fireprevention,net Ole appeal shall be in writing and filed with the City Clerk (NCMC 1 36.050) *'Fire Prevention Services, Inc. is under contract with the City, of National City ire Prevention Services*** NATIONAL CITY FIRE DEPARTMENT COMMON QUESTIONS AND ANSWERS ARE YOU THE CURRENT OWNER OF THIS PROPERTY? Yes V HAVE YOU CLEARED THIS PROPERTY SINCE THIS NOTICE? DO YOU UNDERSTAND THE INSTRUCTIONS FOR ABATEMENT? Yes t HAVE YOU MADE ARRANGEMENTS TO ABATE THE PROPERTY? No Yes CALL FIRE PREVENTION 1-866-779-3774 http://fireprevention.net CALL FIRE PREVENTION FOR RE -INSPECTION. 1-866-779-3774 http:/ifireprevention.net N..„ PROPERTY OWNERS ARE RESPONSIBLE FOR MAINTAINING HAZARD ABATEMENT ON A YEAR ROUND BASIS. No-► HAVE YOU THOROUGHLY READ THE ABATEMENT Yes - INSTRUCTIONS No WOULD YOU LIKE THE CITY TO ABATE THE HAZARD FOR YOU? No IF NOT ABATED WITHIN TIME SPECIFIED THE OWNER WILL BE CHARGED A $350.00 ADMINISTRATIVE FEE. PLUS FIRE PREVENTION WILL ABATE. THE OWNER WILL BE BILLED FOR ALL COSTS Yes Yes IF YOU DO NOT UNDERSTAND INSTRUCTIONS CALL FIRE PREVENTION. 1-866-779-3774 http:l/firepreventi on.net CALL FIRE PREVENTION WHEN COMPLETED FOR RE -INSPECTION. 1-866-779-3774 http://fireprevention.net CALL FIRE PREVENTION FOR ARRANGEMENTS. 1-866-779-3774 http://fi reprevention. net IF ARRANGEMENTS ARE MADE PRIOR TO CITY ABATING HAZARD, THE ADMINISTRATIVE FEE MAY BE WAIVED. 333 E. 16th Street : National City, CA : 91950-4596 / `,/ CITY OF NATIONAL CITY SCHEDULE OF FEES I Tractor Mowing A. per parcel, sized 1 to 7,500 square feet $250.00 B. per parcel, sized 7,501 to 15,000 square feet $325.00 C. per parcel, sized 15,001 square feet to 30.000 square feet $400.00 D. per parcel, sized 30,001 square feet to one acre $450.00 E. Per square foot over one acre $ 00.02 2. Hand Labor A. per square foot of area abated $ 00.10 3. Dozer Operation A. hourly rate $150.00 B. move -on fee $150.00 Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $ 38.00 B. dump fees (reimbursement of cost) 5. Administrative Fee (failure to comply with final notice) A. per parcel Attorney Services A. per parcel, per hour $350.00 $200.00 Assessment Fees (includes preparing reports, attending hearings, etc.) A. Cost confirmations fee, per parcel $275.00 8. Miscellaneous Fees A. special inspection tee $ 50.00 B. abatement lien $ 50.00 C. Interest on lien (apr) 1 0% D release of abatement lien $ 50.00 E. public notary $ 20.00 F. File duplication lee $ 50.00 G. [ Inscheduled Labor per man hour $ 50.00 II. unscheduled fees (reimbursement of cost) 140 E. 12th St,. 5ruit "A NATION91950.4596 FINAL NOTICE TE) ABA'I` ` FJBLIC NUISANCE ter. Carolino Construction Corp Address: 305 E 8th St Date: 6/18/2010 National City, CA 91950 Location of Public Nuisance: M Ave National City instructions for Abatement: Please clear the entire property of ail weeds, dead vegetation, trash, debris and arundo. All piles of dead vegetation and debris must be removed from the property. (Please maintain any and all grasses below 3 inches year round) You arc hereby directed to abate the public nuisance described abose, of which you arc the occupant or owner, within ten (10) days of 6/18/2010. **Your failure to comp' with thisorder will result inyou being charged the administrative fee and the City having your property cleaned by the Citys contractor at sour expense (per National City Municipal Code Chapter 1.36) A S3S0.00 administrative fee it ill be charged in addition to the contractor's fees to clean the property (per Resolution number 01-07) Violations are also subject to prosecution as misdemeanors. Guidelines For `Fhe Abatement of Flammable Vegetation For the protection of life and property, remove all brush, flammable vegetation, or combustible growth which is located from thirty (30) feet to one hundred (100) feet from such a building or structure or to the property Tine, whichever; is nearer, Of as required by the Fire Department, including the maintenance of grass and other —vegetation more than thirty (30) from such budding or structure. Cuttings are to be reirioved front the property and disposedofproperly. Vegetation is to be cut within two (2) inches of the ground. Parcel Number; 557 35121 00 "NOTICE REGARDING RARE, THREATENED OR ENDANGERED SPEC tES" If you have prey ,tisly received a notice from the California Depanment of Fish and Game or the U.S Fish and Wildlife Sers ices that rare, threatened or endangered species of fish or wildlife have occurred on your property in the areas identified for fuel break clearance. YOU MiJST NOTIFY BOTH AGENCIES AND 1HE NATIONAL CITYi' FIRE DE1 ARTMMENT IN WRiTING AT LEAST TEN (10) DAYS PRIOR TO BEGINNING VEGETATION CLEARING IF T1-IFSE AGENCIES FAIL TO OBJECT OR NOTIFY YOU OF ANY ALTERNATIVE PROCEDURES WITHIN TIIOSE TEN f10) DAYS, YOU MAT THE'! PROCEED'1.0 CLEAR VEGETATION AS DIREC fED BY THIS ;NOTICE Failure to provide notification to these agencies may render yein liable under Federal Of State Law to penalties_ National City Municipal Code 9.12.010 Public Niiisanee Declared --In General Any of the following conditions are hereby declared to constitute a public nuisance: A When the Fim Chief or his/her designee determines thatthere exists in any building or on my pre es combuhtihie, hazardous or explosive materials or danoernus accumulations of'ntbbish: or unnecessary accumulations of wastepaper, boxes, shavings, or any fsighly ftammahle materials which are so situated as to endanger troperty, or finds obstructions to or on tire escapes, stairs, passageways, doors -or windows that reasonably tend to interfere with the operations of the fire department gress of the occupants of such building of premises, or finds that the effectiveness of any exit dour, attic separation or any fire separation shall is reduced; ot finds tnas any provision of the Uniform Fire Code is being violated.:. 13 When the Fire Chief or his/her designee deems any chimney, smokestack, stole, oven, incinerator, furnace or other heating device, electric fixture or any appurtenance thereto, ot anything regulated under a nationally recognised standard in or upon any huddine structure or premises not specifically mentioned in the Uniform fire Code, to be defective or unsafe so as to create a hazard C. When, the Fire Chief or his/her designee finds any condition which in his/herjudgnent increases or may cause an increase of the hazard or rnenace of fire to a greater degree that customarily recognized as normal by persons in the public service regularly engaged in presenting, suppressing or extinguishing fire or any thing of act which may obstruct, delay, hinder or interfere with the operations of the fire department or the egress of occupants in the event of lire. National City Municipal Code 412 02ft Public Nuisance Declared Weeds and Other. Flammable Niaterhals All weeds, growing or located upon streets" eidewaljic or private roper., are here'.y declared to be - public the following. A. Weeds which bear seeds of a downy or wing"' nature, Sagebrush, chaparral, and any other brush or weeds dhich attain such large growth as to become, when dry. a tire menace to adjacent unproved property C. Weeds which are otherwise noxious or dangerous. D. Poison, oak and poison ivy when the conditions of growth are such as to constitute a menace the the public health. E. Dry grass, stubble, brush litter, or other l anunable material which endangers the public safety by creating a fire hazard in a portion of the City which has been zoned for single and multiple residence purposes: National Bits, Municipal Code 1.36.010 Public Nuisance Defined "Public Nuisance" mantis any condition defined or declared to be a public nuisance in any section of this code, and/or and condition caused: maintained or permitted to exist which constitutes a threat to the public's health safety and welfare or which significantly obstructs, injures or rmezferes with the reasonable of tree use of property in it neighborhood, community or to any considerable number of persons. A public nuisance also has the same meaning as set forth in California Civil Code Section 3479 National Cits Municipal Code 136.060 Abatement-- Appeal— Hearing Within ten (10) days from the date of posting, mailing or personal service of the required notice, the owner or person occupying or controlling such lot or premises of e led may appeal to the City Council Such appeal shall be in svoring and shall he fired with the City Clerk If you should have any' questions, please feel free ro call this number: 1-866-779-3774 Si usted tieneatguna prrgunta, por favor Marie al rtumero: 1-866-779-3774 lc^ antnang kalanungan, tninatvag lang po sa numerong ito: 1-866-779.3774 yours in public safety. ** You have the. right to appeal this natter to the City Council within ten (10) days of the receipt of this notice. 1-866-779-3774 est. 311 or http://fireprevcrdion_net The appeal shall be in writing and tiled with the City Cleat:. DNCNIC 136 (0) ...Fire Prevention Services, inc. is under contract iviih the City of National City. Fire Prevention Services*** rev. 03/27/06, cv4/24/06, 06/21/00 . !FIE D1� tL , porno sPl lGfafd onto; In For deliv in°aanationy }trot• .se : • •O ' ... c..e tc'-ctseti ..... fiE-s _ _ QPd�z+KKteM'iFG;�te1 �i' -D s 45.`4'- {i6i1ul<iiiO iril'0 557 351 21 00 NC 117'FBI Caroliino Construction Corp 00 ).3035 E 8th St N Ear National City CA 91950 EC T coca race adz :i .Wari.�r,'i.Yrrr teki 4 �o that at* deePlete cm". *him the card to Y. . card td Oho back of the ma'tplece, trent it space permits �rcicip /lddressii to 57 351 2100— NC arolino Construction, Corp 035 E Bth St 6tional City CA 91950 COMPLETE THIS SECTION ON DELIVERY D. is delivery address d'it(erenttrom ft n ? BYES, enter delivery address below: Gt t tl�ect Maa ❑ E pm CI Registered`. Q E� tsin Receipt for Me tha Miss [q hm,ted Mait. O O:D: 4., Re bdWery?Piiia:Fee) 7009 0960 0000 5257 9700 Domestic Return Receipt oz595-O2M.154o A'IONA] Ci 333 E. 16th St. NATIONA: Authorization # 2610 Owner: Carolino Construction Corp Address; 3035 E 8th St National City, CA 91950 Parcel #557 351 21 00 Job location: lvl Ave National City Authorized by: Signatur WHEN SIGNED THIS DOCUMENT ALLOWS RIGHT OF PASSAGE ONTO PRIVATE PROPERTY FOR THE PURPOSE OF FIRE VIOLATION / PUBLIC NUISANCE REDUCTION OR REMOVAL. 91950=4596 ENT Hand Cutting Tractor Mowing: Crew Type: Type: Type: Type: METHOD OF CLEARING Entire Parcel Fire Break sq. Removal: cu. yds. Discing: sq. ft. f'Jotes: Please clear the entire property of all weeds. dead vegetation; trash, debris and anundo. All piles of dead vegetation and debris must be removed from the property. (Please maintain any and all grasses below 3 inches year round) 06 ark SAN DIEGO. COUNTY ASSESSORS MAY BOO 9S? PSGB..73; 4 8'£ M95223'.-,a,�ay,. 1.wF7 3 13E0 7 �36 1203 M15223 ?V, NOACLE55 TNIS MAP WAS PREPARED FOR a.SSEESSPEAFT PURPOSES ONET. NO LWEILRY IS ASSUMED FON THE AC"URAOY OF THE DATA SHOWN. AS•iESSONRS PARCELS. WY NOT COM?LY W TN LMAI. 611E01031OW OR SJILDING ()POUNCES: I4TH 31" CH sI SS/ 51 MAP 15223 - CAROLINO HILLSIDE HOMES MAP 166 — RHO DE LA-NACION — POR OSEC 132 OLD P' fE 17+2$ ees 08 i:29D:" MO- P.O. Box 1720 : El Cajon, CA 92022-1720 (619). 401- t 863 : fax (619) 445-6336 http:l/#"treprevention.net 8/2/2010 Carolino Construction Corp 3035 E 8th St National City, CA 91950 Parcel ## 557 351 21 00 Location: M Ave National City Dear Carolino Construction Corps This letter is to inform you that the Public Nuisance on the above referenced property was abated pursuant to a prior Notice to Abate and order of the City of National City. Fire Prevention Services was contracted by the City of National City to help reduce Public Nuisances and potential fire violations thus improving the safety of its citizens. The abatement work on your property was performed as mandated by The National City Municipal Code Chapter 1.36. The charges thus far total $950.00. You will incur no further costs if this amount is paid within fifteen (15) days of the date of this notice. Failure to pay this bill may fling of an abatement lien upon your pro Please make your check payable to Fire Prevention Services and Parcel ## 557 351 21 00 on the check. If you have any questions please call us direct at 619-401-1g63. Fire Prevention Services, Inc. rev.05/ 19/06 include the NATIONAL CITY SCI=IFDUIE OF FEE. 'tractor Mowing per parcel. sized 1 to 7,500 square feet $250.00 B. per parcel, sized 7,501 to 15,000 square feet $325.00 C. per parcel, sized 15,001 square feet to 30,000 square feet $400.00 D. per parcel, sized 30,001 square feet to one acre $450.00 E. per square foot over one acre $00.02 quantity sub total sq. R. Hand Labor A. per square foot of area abated $0.10 6000 sq. ft. 600.00 Dozer Operation A. hourly rate B. move -on fee $150.00 $150.00 Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $38.00 x B. dump fees (reimbursement of cost Administrative Fe A. per parcel orney= Services (failure to comply by deadline of notice) per parcel, per hour Assessment Fees(includes preparing reports, attending hearings, etc. A. cost confirmation fee, per parcel Miscellaneous Fees Per Parcel A. special inspection fee B. abatement lien $200.00 $275.00 $5OE00 $50.00 C. Interest on lien (apr) 10% D. release of abatement lien $50.00 E. public notary $20.00 F. file duplication fee $50.00 t . unscheduled Labor per man hour $50.00 H. unscheduled fees (reimbursement of cost) FILE # 2610 APN tr 557 351 21 00 TOTAL S 950.00 cu.yds 350.00 P.O. Btin 1720 : El Cajon,CA 92022-1720 (619) 401-1863 fax (619) 445-63336 http //fireprevention.net Final Bill 8/20/2010 Carolino Construction Corp 3035 E 8th St National City, CA 91950 Ref: Parcel 1557 351 21 00 Dear Carolino Construction Corp. This is a reminder of the Ictter we sent you on 8/2/2010 and we have not received payment in the amount of $950.00 If we do not receive payment within 10 days we will be required to seek appropriate action to collect these monies. This action may include filing an abatement lien on your property and forwarding this bill to our collection agency Under state and locallaw, costs for such action will be added to your total amount, Please tender a check to us imrnediately to avoid any further action. Make your check payable to Fire Prevention Services, Inc,, and include the Parcel Al 557 351 21 00 on the check. Should you need to discuss this matter you may contact us rrt (619) 401-1Fi63. Sincerely, lire Prevention Services. Inc. re\.05/19/06 RECORDING REQUESTED Fire Prevention Services, Inc. PO Box 2012 Alpine, CA 91903-2012 (6619) 562-1058 fax (619) 445-6336 ANI) WHEN RECORDED MAIL TO Fire Prevention Services, Inc. PO Box 2012 Alpine; CA 91903-2012 91111111iu SEP 07,Q1 1:7• PM OFFICIAL RECORDS SAN DIEGU COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER FEES: 0.00" PAGES. 1 111111111111111111111111111111111 1111J1111!JII1111I 1111111111111Ii1 NOTICE OF ABATEMENT TO THE CURRENT OWNER OF RECORD AND ANY FUTURE OWNERS/PURCHASERS OF THE HEREIN DESCRID3ED PROPERTY WHEREAS it ua. determined that a violation of Chapter 1.36 oldie National City Municipal Code did exist, and WHEREAS such violation vvas ordered abated on 7/20;2010, and WHEREAS representatives of the National City Fire Department abated the violation(s) on 7.12912010 apd WHEREAS the charge for such abatement amounted to 51,020.00; THEREFORE be it known that an abatement obligation exists on the property regardless of owner until paid. 1 he current owner of the property is Carolino Construction Corp at 3035 1:8th St, National City. CA 91950 describedas follows: APN # 557 351 21 00 ADDRESS: M Ave National City LECIAI DESCRIPTION: National City F n S-2000-2 CarolinoHill Lot 5 This abatement obligation shall attach to the property. not the owner, and after confirmation by the City Council shall become a special assessment on the property tax bill. If not paid pursuant to State aw and State Tax Lien Law, the property may be sold to satisfy that obligation. fhe amount of such claim shall he SI,020.00 plus interest and other costs which may hereafter become due. This thing does not piccludc the filing of legal action for collection. Should :such actions be required or determined to be appropriate, reasonable legal fees will be incurred and added to said obligation. DATED' September 3, 2010 State of California ) SS. County of San Diego 13Y: Ken Osborn, Etre Prevention Services, Inc., Designee for National City Eire Department Certificate ()f Acknowledgement On September 3. 2010 before me, Gavin Jambes Btoatch, Notary Public, personally appeared Ken Osborn, who proved to on the basis of satisfactory evidence to be the person(s) whose narne(s) is'are subscribed to the within instrument and acknowledged to me that he'shc. they executed the same in his/her/their authorized capacity(ies). and that by his'her their sienature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. M\'FfNL_SSiartid and official seal. r tie i ram, GAInfl JAtIES SRO CH ! COMM, # 1823129 (Seal) NOTARY PrUBttc - CAL1FORMMA . f SAN OIEGO COUNTY COM;i EXPIRES NOr, 11, 201213, SUMMARY REPORT FOR APN 557-351-22-00 05/11/10Initial inspection was made, property was found to be in violation. 05/17/10 Mailed 30 day courtesy notice to the property owner. 06/17/10 Re -inspection was made, property was found to be in violation. 06/17/10 Posted property. 06/18/10 Mailed 10 day final notice to the owner, certified mail. 06/23/10 Received signed certified return receipt. 06/29/10 Final inspection was made, property was found to be in violation. 06/30/10 Verified ownership information with the County of San Diego. 07/20/10 Work order authorization signed by City Official. 07/29/10 F.P.S.I. crews abated the property. 08/02/10 The owner was mailed a bill at our contracted rates. 08/20/10 The owner was mailed a final bill. 09/03/10 A Notice of Abatement was filed on the property. 06/10/11 The list of Fixed Charge Special Assessments 'EXHIBIT "Al and the City Clerk's "NOTICE OF PUBLIC CONFIRMATION OF COSTS HEARING" was served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the property. CITY OE NATIONAL CITY FIRE DDPARTMMMENT 140 E. 12th St. : Suite A : NATIONAL CITY CA.�91950-4596 NOTICE TO ABATE PUBLIC ° NUISANCE Owner: Carolino Construction Corp Address: 3 03 5 E 3th St Date: 5/17/2010 National City, CA 91950 Location of Public Nuisance: 107 Ave National City lnstructions for Abatement: Please dear the entire property ofall weeds. dead vegetation, trash, debris and arundo. Ali plies of dead vegetation and debris must be removed from the property, (Please maintain any and all grasses below 3 inches yearround) YOU are hereby directed to abate the public nuisance described above, of -which you are the occupant or owner, within thirty (30) days of 5t17l2010. "'Your failure to comply with this order will result in the City having your property cleaned by the City's contractor at your expense (per National City Municipal Code Chapter 1.36)_ A S35000 administrative fee will be charged in addition to the contractor's fees to clean the property (per Resolution number 94-97) Violations are also subject to prosecution as misdemeanors. Parcel Number: 557 351 22 00 Guidelines For The Abatement of Flanimible Vegetation For the protection of life and property, remove all brush, flammable vegetation, or eombusuble growth which is located from thirty (30) feet to one hundred (1OD) feet from such a building or structure or to the property line, whichever is nearer, or as required by the Fire Department, including the maintenance of grass and other vegetation more than thirty (30) from such building or structure: Cuttings are to be removed from the property and disposed of properly. Vegetation is to be cut within two (2) inches of the ground_ "NOTICE REGARDLNG RARE, THREATENED OR ENDANGERED SPECIES" If you have previously received a notice from the California Department of Prsh and Game or the U.S. Fish and Wildlife Services that rare, threatened or endangered species of fish or vrildilfe have occurred on your property m the areas identified for fuel break clearance, YOU MUST NOTIFY BOTH AGENCIES AND THE NATIONAL CITY FIRE DEPARTMENT IN WRITING AT LI AS 1' TEN (10) DAYS PRIOR TO BEGINNING VEGETATION CLEARING, IF-7I IESE AGENCIES FAIL TO OBJECT OR NOTIFY YOU OF ANY ALTERNATIVE PROCEDURES WITHIN THOSE TEN (I O) DAYS, YOU MAY THEN PROCEED TO CLEAR VEGETATION AS D11tECTED BY 'I 111S NOTICE. Failure to provide notification to these agencies may render you liable under Federal orState Law to penalties. National City Municipal Code 9.12.010 Public Nuisance Declared. -In General An3of the following conditions aze hereby declared to consutufe a public nuisance: When the Fire Chief Or his/her designee determines that there exists in any budding of on any premises combustible, hazardous or explosive materials or dangeroy tulations of Iubbish, or unnecessary accumulations of wastepaper, boxes, shavings, or any highly flammable materials which are so situated as to endanger life sroperty, or finds obstructions to or on fire escapes. stairs, passageways, doors or windows thatreasonahty tend to interfere with the operations of the fire department or the :press of the occupants of such building of premises: or finds that the effectiveness of any exit door, attic separation or any Fire separation wall is reduced; or finds that any sroviston of the Uniform Fire Code is being violated 3. When the Fire Chief or his/her designee deems any Chimney; smokestack, stove. oven. incinerator, furnace or other heating device. electric fixture or any appurtenance thereto, or anything regulated under a nationally recognized standard to or upon any building, structure or premises not specifically mentioned in the Uniform 'ire Code; to he defective or unsafe so as to create a hazard, When the Fire Chief or hislhcr designee finds any condition which an has/her judgment increases or may cause art increase of the hazard or menace of fire to a ;neater degree that customarily recognized as normal by persons in the public service regularly engaged in preyeniing,'suppressing or extinguishing fire' or any thing or not shreh may obstruct, delay, hinder or interfere with the operations of the fire department or the egress of occupants in the event of fire_ National' City titunieipal Code 9.12.020 Public Nuisance Declared —Needs and Other Flammable Materials- 311 weeds, growing or located upon streets. sidewalks or private property are hereby declared to be a public nuisance. For the purposes of this chapter, "weeds" shall include he following: Weeds which bear seeds of a downy or wittgy nature, Sagebrush, chaparral, and any other brash or weeds which attain such Iato- Weeds which are otherwise noxious or dangerous Poison oak and poison ivy when the conditions of growth are such as to constitute a menace the the public health Dry crass, stubble, brush, hater, or other flammable material which endangers the public safety by creating a fie hazard in a portion ofithe City 'slush has been zoned for single and multiple residence purposes - as to heconte:w hen dry, a fire menace to adjace mproced property National City Municipal Code 1.36.010 Public Nuisance Defined Public Nuisance" means any condition defined or declared to be a public nuisance in any section of this code. and/or and condition caused, maintained or permitted to eist o atoll constitutes a threat to the public's health, safety and welfare or which significantly obstructs, injures or interferes with the reasonable of free use of property in a iei0hborhood, community or to any considerable number of persons. A public nuisance also has the saute meaning as set forth in California Civil Code Section 3479. National City Municipal Code 1.36.060 Abatement-- Anneal-- ilearirtg lithin ten f 10) days from the date of posting ntai6ng or personal service of the required notice. the ewner or person occupying or controllins such lzd or premises affected arty appeal to the City Council Such appeal shall be ,n writhe,' and shall be filed With the City Clerk_ f you should base any questions, please feel free to call this number: i-866-779-3774 °d tieneaiguna pregunla, por favor (lame al numbeo: 1-866-779-3774 .tntang katanungan, tuhtanag fang po sa nuinerong itu: 1-866-779-3774 sincerely yours in public safety, 'You have the right to appeal this matter to the City Clouncr] within ten (10) days of the receipt of this notice. •866-779-3'774 ext. 311 or hop:fi0reprevention.net The appeal shall be in writing and filed with the Ciiy Cie' k. (NCMC t 36.0li 0) ire Prevention Services." "'Fire Prevention Services, lnc: is under contract with the City of National City. NATIONAL CITY FIRE DEPARTMENT COMMON QUESTIONS AND ANSWERS ARE YOU THE CURRENT OWNER OF THIS PROPERTY? Yes HAVE YOU CLEARED THIS PROPERTY SINCE THIS NOTICE? DO YOU UNDERSTAND THE INSTRUCTIONS FOR ABATEMENT? Yes 1 HAVE YOU MADE ARRANGEMENTS TO ABATE THE PROPERTY? No WOULD YOU LIKE THE CITY TO ABATE THE HAZARD FOR YOU? Yes CALL FIRE PREVENTION 1-866-779-3774 http://fireprevention.net CALL FIRE PREVENTION FOR RE -INSPECTION. 1-866-779-3774 http://fireprevention.net \I PROPERTY OWNERS ARE RESPONSIBLE FOR MAINTAINING HAZARD ABATEMENT ON A YEAR ROUND BASIS. No HAVE YOU THOROUGHLY READ THE ABATEMENT INSTRUCTIONS No IF NOT ABATED WITHIN TIME SPECIFIED THE OWNER WILL BE CHARGED A $350.00 ADMINISTRATIVE FEE. PLUS FIRE PREVENTION WILL ABATE. THE OWNER WILL BE BILLED FOR ALL COSTS Yes Yes Yes IF YOU DO NOT UNDERSTAND INSTRUCTIONS CALL FIRE PREVENTION. 1-866-779-3774 h tt p: Rf i re p re v e n ti o n. n e t CALL FIRE PREVENTION WHEN COMPLETED FOR RE -INSPECTION. 1-866-779-3774 http:l/f i reprevention. net CALL FIRE PREVENTION FOR ARRANGEMENTS. 1-866-779-3774 http://fireprevention.net IF ARRANGEMENTS ARE MADE PRIOR TO CITY ABATING HAZARD, THE ADMINISTRATIVE FEE MAY BE WAIVED. 333 E. 16th Street : National City, CA : 91950-4596 CITY OF NATIONAL CITY SCHEDULE OF FEES 1. Tractor Mowing A. per parcel, sized 1 to 7,500 square feel B. per parcel, sized 7,501 to 15,000 square feet C. per parcel, sized 15,001 square feet to 30,000 square feet D. per parcel, sized 30,001 square feet to one acre E. Per square foot over one acre 2. Hand Labor A. per square foot of area abated 3. Dozer Operation A. hourly rate B. move -on fee $250.00 $325.00 $400.00 $450.00 $ 00.02 $ 00.10 $150.00 $150.00 4. Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $ 38.00 B. dump fees (reimbursement of cost) 5. Administrative Fee (failure to comply with final notice) A. per parcel 6. Attorney Services A. per parcel, per hour Assessment Fees (includes preparing reports, attending hearings, etc.) A. Cost confirmations fee, per parcel 8. Miscellaneous Fees A. B. C. D F. F. G. H. special inspection tee abatement lien Interest on lien (apr) release of abatement lien public notary File duplication fee Unscheduled Labor per man hour unscheduled fees $350.00 $200.00 $275.00 $ 50.00 $ 50.00 10% $ 50.00 $ 20.00 $ 50.00 $ 50.00 (reimbursement of cost) to A : NATIONAL CITY, CA. ' 91950.4596 FINAL NOTICE TO ABATE ``PTB.IC NUISANCE Caroline) Construction Corp Address: 3035 E 8th St Date: 6/18/2010 National City, CA 91950 Parcel Number: 557 35122 00 Location of Public Nuisance: M Ave National City instructions for Abatement: Please clear the entire property of all weeds, dead vegetation, trash, debris and at -undo. Ali piles of dead veaetafion and debris must be removed from the property. (Please maintain any and all grasses below 3 inches year round) Youarc hereby directed to abate the public nuisance described above of which youare the occupant or owner, within ten (10) days of Gltli/2010 **Your failure to comply with this order will result in YOU being charged the administrative tee and the City having your property cleaned by the City's contractor at vonr cspense (per National City Municipal Code Chapter 1.36). A 3350.00 administrative fee will be charged in addition to the contractor's fees to clean the property (per Resolution number 94-97) Violations are also subject to prosecution as misdemeanors. Guidelines For The Abatement of Flammable Vegetation For the protection of fife and property, remove all bush fammablc vegetation, or combustible growth which is located from thirty; (30) feet to one hundred (100) feet from such a building or structure or to the property line, whichever is nearer, or as required by the Fire Department, including the maintenance of grass and other vegetation MOO than thirty (30) from such building or structure Cuttings are to be removed from the property and disposed of properly. Vegetation is to be Cut within two (2) inches of the ground. "NOTICE REGARDING RARE, THREATENED OR ENDANGERED SPECIES" If you have previously received a notice from the California Department of Fish and Game or the U.S. Fish and Wildlife Services that rarethreatened or endangered species of fish or wildlife have occurred on your property- in the areas identified for fire] break clearance, YOU MUST NOTIFY BOTH AGENNCiES ACID THE NATTO AL CIl Y FIRE DEPAI<'IMENT lid WRITING AT LEAS.] TEN (10) DAYS PRIOR TO BEGINNING VEGETATION CLEARING, IF THESE AGENCIES FAIL TO OBJECT OR NOTIFY YOU OF ANY ALTERNATIVE PROCEDURES WITHIN THOSE TEN (10) DAYS, YOU MAY THEN PROOFED TO CLEAR lVEGETAT1ON AS DIRECTED BY THIS NOTICE. Failure to provide notification to these agencies may render you liable under Federal or State Law to penalties: National Cityltunitipal Code 9-12.010 Public Nuisance Declared —In General Air of the following conditions are heteby declared to constitute a public nuisance- A. When the Fire Chief or his/her designee determines that there exists in any building or on any premises combustible, hazardous or explosive Materials or its tigi-r =rs accumulations of rubbish; or;tmnecessary aye nuI9tions of wastepaper, boxes- shavings, or any highly flamrnabfe materials which are so situated as to endanger operty: or finds obstructions to or on fire escapes, stairs, passageways, doors or windows that reasonably tend to interfere with the operations of the fire department ress of the occupants of sueh building of premises: or finds that the of ectn eness of any exit door. attic separation or any fire separation wall is reduced; or finds that any provision of the Uniform Fire Code is being violated: 13 When the Fire Chief or his/her designee deems any chimney, smokestack, stove, oven.' incinerator, furnace or other heating device, electric fixture or any appurtenance thereto, or anything regulated under a nationally' recognized standard in or upon any Is ding, Structure or prenuses not spectfleetly mentioned- in the Uniform Fire Code. to be defective or unsafe so as to create a hazard. C When the Fire Chief or his/her designee finds any condition which in his/her judgment increases or may cause an increase of the hazard or menace of fire to a greater degree chat customarily recognized as normal by persons in the public service regularly engaged in prcventrng, suppressing' or extinguishing fire or any thing or act which may obstruct, delay, hinder or interfere with the operation's of the fire department or the egress of occupants in the event of fire. National City Municipal Code 9.12.020 Public Nuisance Declared —Weeds and Other Flammable tiIaterials All weeds, growing or located upon sheets, sidewalks or private property are hereby declared to be a public nuisance. For the purposes of this chapter, "weeds" shall include the following: A. Weeds which bear seeds of a downy or wingy nature B. Sagebmsh chaparral, and any ether brush or weeds which attain snob large growth as to become, when dry, afire menace to adjacent improved property. C. Weeds wltteti are atltcrwrse noxious or dangerous: 4. Poison garb( ant? poison ivy y.hen the conditions ofgrowth are such as to constitute a.inenace the therpublic health. E. Drygrass, stubble, brush, litter, or other flammable material which endangers the public safety' by creating afire hazard to a portion ofthe City which has been zoned for single and multiple residence purposes, National City Municipal Code 1.36.010 Public Nuisance Defined "Public Nuisance" means any condition defined or declared to be a public ninsance in any section of this code, and/er and condition caused, maintained or permitted to exist ',stitch constitutes a threat to the publics health, safety and welfare nr vwhieh sigsnifican:]y obstructs, injures Or interferes with the reasonable of free use of property in a neighborhood, community or to any considerable number of persons A public nuisance also has the same meaning as set forth in California Civil I:ode Section 3479. Nalional City tilunicipal Code 1.36.060 Abatement— Appeal-- Hearin Wuhtn ten (10) days from the date of posting, mailing or personal service of the required notice. the owner or person occupying or controlling such lot or premises affected may appeal to the City Council Suchappeal shall be in writing and shall be filed with the City Clerk. If yoq should have any questions, please feel free to call this another: 1-866-779-3774 Si usted tienealguna pi -estrum, por favor ]lame al nurncro: 1-866-779-3774 c "' .. ang katannngan, tumawag ling po sa nunterong ite: 1 866-779-3774 yours in public safety. "*You have the tight to appeal tilts matter to the City Council within ten (I0) days of the receipt of this notice. i 866-779-3774 ext.311 or pulp:,'/firepreventinn.net The appeal shall be in writing and filed with the City Clerk. (NCMC 136 050) ***Fire Prevention Services. Inc. is under contract with the City' of National City. Fire Prevention Services**' rev. 0327/06, 04/24'06, 06/21106 a '? rn; erv{c CEP. E NI moires M I €€fy, M, For d#aaFVer�€iRformati'b!a visi, z..or..t't• Perri^. (Endorssmen(gs,ei,Ee 1:2* 1159199 Delivery Fee (Endo%`%/went Pr..'i.,imit) 557 351 22 00 rs-,' Carolino Construction Corp 3035 E 8th St er National City CA 91950 Pnnt (our huff l Oddresfi so t et we can return the Car Att wh this/ 17 to the back or on,the Kfront if specs perm to the maflpiece, Art}rleAddtessed'tO. _ 5 57 351',2 00 Carotino Construction Corp 30E, B: St ''-35 honat City CA (rr st rTroms ceel Form 3811. February 2004 COMPLETE THIS SECTION ON DELIVERY Ei Ark/ essse D Is debve9y address ddferent from'rtem If YES, enter' delivery address below D No • Service Q Certified Ne't• 0 Express Mai CI Registered O Retaim Receipt for MetthandIse L7, Irisuresi tom':, ❑ c c o•. Resideted Delfverii? {Fxhe Fee) E]Yes 7E109 Q9613 dodo, 525? 9694 Domestic Returb Receipt 7 n 1 I I ■ ■ 6-29-10 Final Inspection g 33 l6thSty;1Y4 1ONALC VORK ORDER A UTIIORIZATION Authorization i 2611 Owner: Carolino Construction Corp Address: 3035 E 8th St National City, CA 91950 Parcel #557 351 22 00 Job location:M Ave National City Authorized"`" S i gntiture Date: WHEN SIGNED THIS DOCUMENT ALLO1GHT OF PASSAGE. ONTO PRIVATE PROPERTY FOR TIIE PURPOSE OF FIRE VIOLATION /PUBLIC NUISANCE REDUCTION OR REMOVAL. METHOD OF CLEARING EntireParcel Fire Break Hand Cutting: OCO sq. ft. Removal: cu. yds. Tractor N:[owing: sq. ft. Discing: sq. ft. Crew Type: Type: Type: Type: CREW INFORMATION Date Notes: Please clear the entire prgpertv of all weeds. dead vegetation. trash, debris and arundo. All piles Df dead vegetation and; debris must be removed from the property. (Please maintain any and all grasses below 3 inches year round) 06 F e: ADA 1 1 1 1 I 4 N TY4 4 6 C$/ ' 9 ; 11203 A115223 -kr%y�r P N:ror�rL� — — NOAcc:ss— _ 5T SAM [REDO COUNTY TH'S LAP WAS FREPAREO FOR ASSESSLE T PURPOSES ONLY NO 11AS1UTE L9 ASSESSOR'S NAP NAY` NOTD FCCOOWL,' ACCURACY LLOOFCAI HSUBDNISA IONO OR BELONG U NG QRDA�AL.CES: Boav 557 PACE 31 I 14TH ST CH `• S BLX s+. 35/' 351 5TH ST. 36 MAP 15223- CAROLINO HILLSIDE HOMES MAP 166 - PHO DE LA NACION`- POR OSEC 132, OLD z- 17-25' 74 4+95 9Ar 3dsT: .59 4,4 zec Hand Sq, PE space for dlagrt- :amoUrtof Yror Tr ct4r-Sq, Fr,: To cat Rcrnvvaf Cu tit m RE Inc. P.U. Box 1720 : El Cajon, CA 92022-1720 (619) 401-1863 fax (619) 445-6336 htlp:I/lireprevention.net 8/2/2010 Carolino Construction Corp 3035 E 8th St National City, CA 91950 Parcel # 557 351 22 00 Location: M Ave National City Dear Carotin() Construction Corp, This letter is to inform you that the Public Nuisance on the above referenced property was abated pursuant to a prior Notice to Abate and order of the City of National City. fire Prevention Services was contracted by the City of National City to help reduce Public Nuisances and potential fire violations thus improving the safety of its citizens. The abatement work on your property was performed as mandated by The National City Municipal Code Chapter I.36. The charges thus far total $950.00. You willincur no further costs if this amount is paid within fifteen (15) days of the date of this notice Failure to pay this bill may result in the filing of an abatement lien upon your property. Please make your check payable to Fire Prevention Services and include the Parcel # 557 351 22 00 on the check. If you have any questions please call us direct at 619-401-1863. Sincerely, Fire Prevention Se rev.05/ 19/06 ces, Inc. NATIONAL. CITY SCHEDULE OF FEl "Tractor Mowing C. D. E. per parcel. sized 1 to 7,500 square feet per parcel, sized 7,501 to 15,000 square feet per parcel, sized 15,001 square feet to 30,000 square feet per parcel, sized 30,001 square feet to one acre per square foot over one acre Hand Labor A. per square foot of area abated Dozer Operation A. hourly rate B. move -on fee $250.00 $325.00 $400.00 $450.00 $00.02 $0.10 S150.00 $150.00 Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prier to chipping, and or compacting $38.00 x B. dump fees (reimbursement of cost) Administrative Fee (failure to comply by deadline of notice) A. per parcel AAttornev Services per parcel, per hour Assessment Fees (includes preparing reportsattending hearings, etc.) A. cost confirmation fee, per parcel Miscellaneous Fees Per Parcel A. special inspection fee B. abatement lien C. Interest on lien (apr) D. release of abatement lien E. public notary F. file duplication fee G. unscheduled Labor per man hour H. unscheduled fees FILE # 2611 APN # 557 351 22 00 $350.00 $200.00 275.00 $50.00 $50.00 10% $50.00 $20.00 $50.00 $50,00 (reimbursement of cost) quantity sq. ft. sub total 6000 sq. ft. 600.00 TOTAL $ 950.00 eu.yds = 350.00 P.O. Box 1720:.El Cajon, C'A 92022-1'720 (619) 401-1863 : ffX(6I9.)445-6336 http:l/firepreventi'ttn.net Final Bill sl2o2o10 Carolino Construction Corp 3035 E 8th St National City, CA 91950 Ref: Parcel =i 557 351 22 00 Dear Carolino Construction Corp, This is a 'reminder of the letter we sent you on 8/2/2010 and we have not received payment in the amount of $950.00 If we do not receive payment within 1 these monies. days we will be require to seek appropriate action to collect This action may include filing an abatement lien on your property and forwarding this bill to our collection agency. Under state and local law, costs for such action will be added to your total amount. PIease tender a check to us. immediately to avoid any further action. Make your check payable to Fire Parcel # 557 351 22 00 on the check. Should you need to discuss this matter you Sincerely, Fire Prevention Services, Inc. rev.O5 19,06 evet'tion Services; Inc., and include the ay contact r at (619) 401-1863. RECORDING REQUESTED BY Fire Prevention Ser lees, Inc. PO Box 2012 Alpine, CA 91903-2012 (619) 562 1058 Fax (619) 445-6336 AND WHEN RECORDED MAIL TO Fire Prevention Services, Inc. PO Box 2012 Alpine, CA 91903-2012 DhII1IiJIllhI1JJiIUuIIll 111111 SEPO]. 2010 111111111111111 1:37 PM i OFFICIAL RECORDS SAN DIEGO COUNTY RECORDERS OFFICE DAVID L BUTLER, COUNTY RECORDER FEES 0.00 PAGES: 1 11111010111111111111111111111111111111111111111111111111111111111118 NOTICE OF ABATEMENT TO THE CURRENT OWNER OF RECORD? AND ANY FUTURE OWNERS/PURCHASERS OF TIIE HEREIN DESCRIBED PROPERTY WHEREAS it was determined that a violation of Chapter 1.36 ofthe National Citv-Municipal Code did exist, and WHEREAS such violation was ordered abated on 7120/2010. and WHEREAS representatives of the National City Fire Department abated the violation(s) on7'2912010, and WHEREAS the charge for such abatement amounted to $L020.00, THEREFORE be it known that an abatement, obligation exists on the property regardless of owner until paid The current owner of the property is Caroling Construction Corp at 3035 E 8th St. National City, CA 91950 described as follows: APN ft 557 351 22 00 ADDRESS: M Ave National City LEGAL DESCRIPTION: National City i`m f S-2000-2 CarolinoHiD Lot 6 Phis abatement obligation' shall attach to the property, not the owner_ and after confimiatioii by the City Council shall become a special assessment. on the property tax bill. If not paid pursuant to State Law and State Tax Lien Law. the property may be sold to satisfy that obligation. The amountof such claim shall be $1,020.00 plus interest and other costs which may hereafter become due. "Ibis filing does not preclude the filing of tetlai action for collection Should such actions he regtured or determined to be appropriate, reasonablelegalfees will be incurred and added to said obligation. DA`FED: Septcrnber 3, 2010 State of California County of San Diego BY. Ken Designee -for National City Fire Department irn Fire Prevention Seryices, Tnc., Of Aeknowletlgernen t On September 3. 2010 before me. Gavin .lames Broatch, Notary Public. personally appeared lien Osborn,who proved to me on the basis of satisfactory- evidence to he the person(s) whose name(s) is are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by hisihcritheir signature(s) on the instrument the person(s), of the entity upon behalf of which the person(s) acted; executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State WITNESS nd and official seal. f California that the foregoing paragraph is true and correct. „ z GAVIN JAMES DROATCII 0 grlr , COMM. # 18231.29 I,ay` A '. ' t10Tf1ti PUBLIC CALIFORNIA of (Seal) SAtt DIEGO COUNTY 0 E PIO.ES 110V.l$, 2012 SUMMARY REPORT FOR APN 557-351-23-00 05/11/10 Initial inspection was made, property was found to be in violation. 05/17/10 Mailed 30 day courtesy notice to the property owner. 06/17/10 Re -inspection was made, property was found to he in violation. 06/17/10 Posted property. 06/18/10 Mailed 10 day final notice to the owner, certified mail. 06/23/10 Received signed certified return receipt. 06/29/10 Final inspection was made, property was found to be in violation. 06/30/10 Verified ownership information with the County of San Diego. 07/20/10 Work order authorization signed by City Official. 07/29/10 F.P.S.I. crews abated the property. 08/02/10 The owner was mailed a bill at our contracted rates. 08/20/10 The owner was mailed a final bill. 09/03/10 A Notice of Abatement was filed on the property. 06/10/11 The list of Fixed Charge Special Assessments [EXHIBIT "A"J and the City Clerk's "NOTICE OF PUBLIC CONFIRMATION OF COSTS HEARING" was served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the property. f/ CITY OF NATI( 140 E. 12th St. : Suite A : NATIONAL CITY, CA. 91950-4596 NOTICE TO ABATE PUBLIC NUISANCE Owner: Carolino Construction Corp Address: 3035 E 8th St Date: 5/17/2010 National City, CA 91950 Location of Public Nuisance: M Ave National City Parcel Nunlbe 557351 23 00 Instructions for Abatement. Please clear the entire property of all weeds, dead vegetation, trash, debris and arundo. All piles of dead vegetation and debris must be removed from the property. (Please maintain any and all grasses below 3 inches year round) You are hereby directed to abate the public nuisance described above, of which you are the occupant or owner, within thirty (30) days of 5/17/2010. "'Your failure to comply with this order will result in the City having your property cleaned by the City's'contractor at your expense (per National City Municipal Code Chapter 1-,16). .k $350.00 administrative fee will be charged in addition to the contractor's fees to clean the property (per Resolution number 94-97): Violations are also subject to prosecution as misdemeanors. Guidelines For The Abateinent of Flammable Vegetation I'or the protection of life and property, remove all brush, flammable vegetation, or combustible growth which is located from thirty (30) feet to One kindred (100) feet from such a building or structure or to the property line, whichever is nearer, or as required by the Fare Department, including the maintenance of grass and other vegetation more than thirty (30) from such building or structure. Cuttings are to be removed from the property and disposed of properly. Vegetation is to be cut within two (2) inches of the ground_ "NOTICE REGARDING RARE, THREATENED OR ENDANGERED SPECIES" 'f you ,have previous'} received a notice from die Calhfornra ITeliaartmenf of Y-'ishb and Gome or the U S Fish and Wildlife services that rare, threatened or endangered species of dish or wildlife have occurred on your property to the areas identified for fuel break clearance, YOU tvtilST NOTIFY'BOT1I AGENCIES AND TILE NATIONAL CITY FIRE DEPARTMENT IN WRTTING AT LEAST TEN (10) DAYS PRIOR TO BEGINNING VEGETATION CLEARING.IF THESE AGENCIES FAIT TO OBJECT OR NOTIFY YOU OF ANY ALTERNATIVE PROCEbURESWTTt3IN THOSE TEN (10) DAYS, YOU MAY THEN PROCEED TO CLEAR VEGETATION AS DIRECTED BY THIS VOTtCE Failure to provide notification to these agencies May render you liable under Federal or State Law to penalties. National City Municipal Code 9.12.010 Public Nuisance Declared- In General ty of the following conditions are hereby declared to constitute a public nuuanve; When the Fire Chief or his/her designee determines that there exists in any budding or on any premises combustible, hazardous or explosive materials or dangerous aulations of rubbish; m' unnecessaccumulations of wastepaper, boxes, shavings, or any highly flammable materials which are so situated as to endanger life. c xopeit}. or tints: obstructions to or on firarye escapes, stairs, passageways, doors or windows that reasonahly tend to interfere with the operations of the fire department or the o cress pf the occupants of such building of previomlateised.s; or finds that the effectiveness of any exit door, attic separation, or any fire separation wall a reduced, or finds that any m ision Fire Code is being 3 Wfth'heenUnifothe Fire Chief or his/her designee deems any chimney, smokestack, stove, oven, incinerator, furnace or other heating device, electric fixture Or any ippurtenanoe thereto, or anything regulated under a nationally recognized standard in or upon any building, structure or premises not specifically mentioned in theTUniform 'ire Code to be defective or unsafe so as to create a hazard. When the Fire Chief or his/her designee finds any condition which in his/her Judgment increases or inay cause an increase of the hazard or menace of tire to a !realer degree that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressingor extinguishing fire or any thing or act shirk may obstruct, delay, hinder er interfere with the opeiatons of the firedepartment or the egress of occupants in the event of fire. National Cit- Municipal Code 9.I2 020 Public Nuisance Declared—Wecds and Other Flammable Materials \11 weeds growing or located upon streets. ,idewalkS or private property are hereby declared to be a pchlic nuisance For the purposes of this chapter, "weeds" shall include he following: Weeds which bear seeds of a downy or wingy nature. Sagebrush, chaparral, and any other brush, or weeds which attain such large growth as to become, 14hen dry, a lire menace to adjacent improved property- Weeds which are otherwise noxious Or dangerous. >_ Poison oak and poison ivy when the conditions of growth are such as to constitute a menace the the public health. Dry grass, stubble, brash, litter, or other ttaminable material which endangers the public safety by creating a tire harrid in a portion of the City which has been zoned for single and multiple residence purposes: National City Municipal Code .136.010 Public Nuisance Defined Public Nuisance" means any condition defined or de.aated to he a public nuisance in any section of this code, and/or and condition caused. maintained or permitted to most •rich constitutes a threat to the public's health, safety and welfue or which significantly obstructs. injures or interferes with the reasonable of free use of property in a eighborhood, community onto any considerable number of persons A public nuisance also has the same meaning, as set forlh in California Civil Code Section 3479 National Pity Jlunicivaf Code i 3t D60 lbatement appeal Hearin ithin ten (I t) days from the date of posting, mailing or personal service of the required notice, the owner or person occupying or controlling such hi or premises attec'ed lay appeal to the City Council. Such appeal shall be in writing rand shall be filed with the City Clerk. you should have any questions, please feet free to call this number: l-866-779-3774 d tienealguna pregun a, por favor !lame al numcra 1-866 779.37r4 mang hatannngan, tumawag tang po so numerong ito: 1-866-779-3774 incerely yours in public safety, -S66-779-3774 rat. 311 or http://fareprevention,nrt ire Prevention Services* You have the right to appeal this matter to the City Council within ten (10) days of the receipt of this notice. The appeal shall be in writing and filed with the City Clerk. (NCfi1C 1 36.050) Fire Prevention Services, Inc is under contract with the City of National City. NATIONAL CITY FIRE DEPARTMENT COMMON QUESTIONS AND ANSWERS ARE YOU THE CURRENT OWNER OF THIS PROPERTY? Yes HAVE YOU CLEARED THIS PROPERTY SINCE THIS NOTICE? DO YOU UNDERSTAND THE INSTRUCTIONS FOR ABATEMENT? Yes HAVE YOU MADE ARRANGEMENTS TO ABATE THE PROPERTY? No WOULD YOU LIKE THE CITY TO ABATE THE HAZARD FOR YOU? No Yes CALL FIRE PREVENTION 1-866-779-3774 http:I/fireprevention.net CALL FIRE PREVENTION FOR RE -INSPECTION. 1-866-779-3774 http://firepreventio n-net , (PROPERTY OWNERS ARE RESPONSIBLE FOR MAINTAINING HAZARD ABATEMENT ON A YEAR ROUND BASIS. No ► HAVE YOU THOROUGHLY READ THE ABATEMENT INSTRUCTIONS ---Yes No 1 IF NOT ABATED WITHIN TIME SPECIFIED THE OWNER WILL BE CHARGED A $350.00 ADMINISTRATIVE FEE. PLUS FIRE PREVENTION WILL ABATE. THE OWNER WILL BE BILLED FOR ALL COSTS Yes - Yes IF YOU DO NOT UNDERSTAND INSTRUCTIONS CALL FIRE PREVENTION. 1-866-779-3774 http://fireprevention.net r CALL FIRE PREVENTION WHEN COMPLETED FOR RE -INSPECTION. 1-866-779-3774 httpalfireprevention.net CALL FIRE PREVENTION FOR ARRANGEMENTS. 1-866-779-3774 http://fireprevention.net IF ARRANGEMENTS ARE MADE PRIOR TO CITY ABATING HAZARD, THE ADMINISTRATIVE FEE MAY BE WAIVED. 333 E. 16th Street : National City, CA : 91950-4596 CITY OF NATIONAL CITY SCHEDULE OF FEES 1. Tractor Mowine A. per parcel, sized 1 to 7,500 square feet B. per parcel, sized 7,501 to 1 5.000 square feet C. per parcel, sized 15,001 square feet to 30,000 square feet D. per parcel, sized 30,001 square feet to one acre F. Per square foot over one acre 2. Hand Labor A. per square foot of area abated 3. Dozer Operation A. hourly rate B. move -on fee $250.00 $325.00 $400.00 $450.00 $ 00.02 $ 00.10 $150.00 $150.00 4. Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $ 38.00 B. dump fees (reimbursement of cost) 5. Administrative Fee (failure to comply with final notice) A. per parcel 6. Attorney Services A. per parcel, per hour 7 Assessment Fees (includes preparing reports; attending hearings, etc.) A. Cost confirmations fee, per parcel 8. Miscellaneous Fees A. B. C. D F. F. C. H. special inspection fee abatement lien Interest on lien (apr) release of abatement lien public notary File duplication fee Unscheduled Labor per man hour unscheduled fees $350.00 $200.00 $275.00 $ 50.00 $ 50.00 10% $ 50.00 $ 20.00 $ 50.00 $ 50.00 (reimbursement of cost) ENT 140E.12'th St. Suite A : NATIONAL CCTV;CA. 9195O-4596 FINAL NOTICE TO ABATE PUBLIC NUISANCE r: Carolino Construction Corp Actoress. 3035 E gth St Date: 6/1,8/2010 National City, CA 91950 Location of Public Nuisance: N1 Ave National City Instructions for Abatement: Please clear the entire property of all weeds, dead vegetation, trash, debris and arundo. All piles of dead vegetation and debris must be removed from the property. (Please maintain any and ali grasses below 3 inches year round) You are hereby directed to abate the public nuisance described, above, of winch you are the occupant or owner, n ithin ten (10) days of 6/18/2010_ **Your failure to comply with this order will result in you being charged the administrative fee and the City having your property cleaned by the City's contractor at your expense (per National City Municipal Code Chapter 1.36), A S350.00 administrative fee will be charged in addition to the contractor's fees to clean the property (per Resolution ninnber94-97). Violations are also subject to prosecution as misdemeanors. Guidelines Fur The Abatement or Flammable Vegetation For the protection of life and property, remove all brush, flammable vegetation, or combustible growth which is located from thirty (30r feet to one hundred 000) feet from such a building or structure or to the property line, whichever is nearer, or as required by the Fire Department, including the maintenance of grass and other vegetation more than thirty (301 from such building or structure. Cuttings are to be removed from the piopeity and disposed of pruperly. Vegetation is to be cut within two (2) inches of the ground. Parcel Number: 557 351 23 00 "NOTICE REGARDING RARE, THREATENED OR ENDANGERED SPECIES" if you have previously received a notice from the California 17epartment of Fish and Game or the U.S: Fish and Wildlife. Services that rare, threatened or endangered species or lash or wildlife' have occurred on your property in the areas identified for fuel break clearance, YOU MUST NOTIFY BOTH AGENCIES' AND THE. NATIONAL CiTY FIRE DF"PART LENT IN WRITING AT LEAST TEN (10) DAYS PRIOR TO BEGINNING VEGETATION CLEARING, IF THESE AGENCIES FAIL TO OBJECT OR NOTIFY YOU OF ANY ALTERNATIVE PROCEDURES WITHIN THOSE TEN (10) DAYS. YOU MAY'f11EN PROCEED TO ci.EAR VEGETATION AS DIREC1(1) BY THIS NOTICE. Failure to provide notification to these agencies may render you liable under Federal or State Law to penalties. National (Sty Municipal Code 9.12.010 Public Nuisance Declared --In General Any of the following conditions are hereby declared to constitute a public nuisance A. When the Fire Chief or his/her designee determines that there exists in any budding or on any premises combustible, hazardous or explosive materials or dangerous acctimulattons ofrttbbish; or unnecessary accumulations of wastepaper, boxes. shavings, or any highly ftatnniable materials which are so situated as to endanger operty, or finds obstmuctions to of on fire escapes, stairs, passageways, doors or windows that reasonably lend to interfere with the operauons of the fire department Jess of the occupants of such building of premises; or tinds that the effectiveness of any exit door, attic separation or any fire separation wall is reduced; or finds di.- ...,r provision of the llnifornl Fire Code is being violated. 13. When the Fire Chief or his/her designee deems any chimney, smokestack, store, oven, incinerator, furnace or other heating device. electric fixture or any appurtenance thereto, or anything regulated under a nationally recognized standard in or upon any building, Structure or premises not specifically mentioned in the Unifotni Fire Code, to be defective or unsafe so as to create a hazard C When the Fire Chief or his/her designee finds any condition which in his/her judgment increases or may cause an increase of the hazard or menace of fire to a Treater degree that customarily recoenized as normal by persons in the public scrvtce regularly engaged in preventing, suppressing or extinguishing tire or art} thing or act which may obstruct, delay, hinder or interfere with the operations of the fire department or the egress of occupants in the event of fire National City Municipal Code 9.12.020 Public Nuisance Declared --Weeds and Other Flammable Materials Alt xveeds, growing or located upon streets, sidewalks or private property are hereby declared to be a public nuisance For the purposes of this chapter, "weeds' shall include the following: A. Weeds which bear seeds of a downy or dingy nature 13. Sagebrush, chaparral, and any other brush or weeds tyhreh attain such large growth as to become, when dry, a fire menace to adjacent unproved properly. r C; 'Weeds which arc otherwise noxious or dangerous.. P. Posson.oak and pbison ivy when the conditions of growth are such as to constitute a menace the the public health. Dry grass, stubble, bmsh, fitter; or other flammable Material which endangers the public safety by creating a fire hazard in a portion of the City winch has been zoned for single and multiple residence purposes. National City Municipal Code 1.36.010 Public Nuisance Defined 'Public Nuisance" means any condition defined or declared to he a public nuisance in any section of this codeand/or and condition caused. maintained or permitted to exist which constitutes a threat to the public's health; safety and welfare or which sig„mficantlr obstructs, injures or interferes with the reasonable of free use of property in a neighborhood, cornrmmlly or to any considerable number of persons. A puhltc nuisance also has the same meaning ra set forth in California Civil Code Section 3479. National City Municipal Code 1.36.060 Abatement Appeal-- hearing Within ten (10) days from the date of posting, mailing or personal service of the required notice, the owner or person occupying or controlling such lot or premises affected may appeal to the City Council Such appeal shall be in wasting and shall be tiled with the CtyClerk_ if von should have any questions, please reel free to call this number: 1-866-779-3774 Si toted tieneaiguna pregunta, por favor flame al numero: 1-866-779-3774 S = anumang katanungan, tunlawag tang po sa numerong ito: 1.866-'779-3774 Si yours in priblic safety, **You have the right to appeal this matter to the City Council within ten (10) days of the receipt of this notice. 1-866-779-3774 ext. 311 or http:/Ifireprevention.net The appeal shall he in writing and filed with the City Clerk_ (NCMC 1.36.050) ***Fire Prevention Services, Inca is under contract with the City of National City_ Fire Prevention Services*** rev. 03/27/06, 04/24/06. 06/21 /06 4 LS. P istai Ser. C RTWWIED tTA . RECEIPT (Damastio fitait Onfy; N€s";tnyril rlwe C weragg taroviWed) ivory (ftfex ma tioz irmONALN N ru LI) L7 D ostirt, I] `ia£!t�l2cr rein r-, Fnc 0,Bn^Ie�t) J Poste Cerat,ed F migolz 557 35123 00 1 N6' C J 03Car5E 8th St tructiot►, r� �� National City CA 91950 DER: COMPLETE THIS SECTION Complete" de§il Btil-' " s Oft the reverse Wrritllplete; S permttsr atk 557 351 23 00 •)lino ConstructionCorp ou35 E 8th St National City CA COMPLETE THIS SECTION ON DELIVERY yada `ditfarentteam item 19 El es YES, enter tletWery address below: ❑ t:te Sen iteeTYPB ❑ Cetilflerf Malt 11;11'N 0 insured Ma Express Matt 0 Return Receipt "for Merchandise d C.O.D. 4, Restricted Delivery? Odra Fee) ❑ yes 7009 0960 0000 5257 9687 Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 333 E. 16th S WORK O12tlER`AUTHHORTZATION' Authorization # 2612 Owner: Carolino Construction Corp Address: 3035 E 8th St National City, CA 91950 Parcel #557 351 23 00 Job location:1\4 Ave National City Authorized by: Signatu Date: ` 7-7-0 ' 10 WHEN SIGNED THIS DOCUMENT ALLO CHT OF PASSAGE ONTO PRIVATE PROPERTY FOR THE PURPOSE OF FIRE VIOLATION !PUBLIC NUISANCE REDUCTION OR REMOVAL. MFTHOD OF CLEARNG Entire Parcel Fir+ Hand Cutting ;jr ( ( ;sq, ft: Tractor Mowing: sq. r}. Crew Type. Type: Type: Type: Break Removal: cu. yds. Discing: sq. ft. CREW INFORMATION Date Notes: Please clear the entire property' of all weeds. dead vegetation, trash, debris and arundo. All Hiles 'dead vegetation and debris must be removed from the property. (Please maintain any and all grasses oelow 3 inches year round) 06 ti a SAN MEG7-couNTY ASSESSOR'S MAP' BOQx 1ST PAGE • 31. PAR.i 0 4 9 e I iz02 hr 15223.,a` y I: N1i`0112 NO ACCESS > THIS YAP WAS FRIPARED FOR ASSES AENTPURPOSES ONLY, NOLIABIUIYIS ASSULi9 FOR ACCURACY OF THE OATA'SflOW ASSESSORS PARCELS LAY NOT CCk LY WITH LOCAL SUBDIVISION OR BUILDING': ORD NANCES 14TH S.T z z k I CH'° T - as 15TH ST. 6 'MAP 15223 - CAROLINO HILLSIDE HOMES MAP 166 — RHO DE LA NACION —POR OSEC 132 11,25 Ds;''so: No 11'otk spaco for diagroms dr#d krn j ct. Qf *Or r 9tai ftFrnovAi Gu, Yds.[ -&.... E+ P.O; Box 1720 EI CaJen, CA 92022-1720 (619) 401-1863 : fax (619) 445-6336 http://ftreprevention.net 8/2/2010 Carolino Construction Corp 3035 1• 8th St National City, CA 91950 Parcel # 557 351 23 00 Location: M Ave National City Dear Caroling Construction Corp, This letter is to inform you that the Public Nuisance on the above referenced property was abated pursuant to a prior Notice to Abate and order of the City of National City. Fire Prevention Services was contracted by the City of National City to help reduce Public Nuisances and potential fire violations thus improvingthe safety of its citizens. The abatement work on your property was performed as mandated by The National City MunicipalCode Chapter 1.36. The charges thus far total $650.00. You will ineur no further costs if this amount is paid within fifteen (15) days of the date of this notice. Failure to pay this bill may, result in the filing of an abatement lien upon your property. Please make your check payable to Fire Preven on Services . include Parcel # 557 351 23 00 on the check, If you have any questions please call us direct at 619-401-1863. Sincerely, Fire Prevention Services, Inc. rev.05/l 9/06 NATIONAL CITY SCHEI)U LE OF FEES Tractor Mowing quantity. sub total per parcel, sized 1 to 7,500 square feet R. per parcel, sized 7,501 to 15,000 square feet C. per parcel, sized 15,001 square feet to 30,000 square feet I). per parcel, sized 30,001 square feet to one acre E. per square foot over one acre $250.00 $325.00 $400.00 $450.00 $00.02 sq. fi. Hand Labor A. per square foot of area abated $0.10 3000 sq R. 300.00 Dozer Operation A. hourly rate B. move -on fee $150.00 S150.00 Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $38.00 x B. dump fees (reimbursement of cost) Administrative Fee (failure to comply by deadline of notice) A. per parcel tomey Services A. per parcel, per hour Assessment Fees (includes preparing reports, attending hearings, etc.) A. cost confirmation fee, per parcel $350.00 $200.00 $275.00 Miscellaneous Fees Per Parcel A. special inspection fee $50.00 B. abatement lien $50.00 C. Interest on lien (apr) 10% D. release of abatement lien $50.00 E. public notary $20.00 F. file duplication fee $50.00 G. unscheduled Labor per man hour $50.00 H. unscheduled fees (reimbursement of cost) FILE, t 2612 APN # 557 351 23 00 TOTAL $ 650.00 ca,yds = 350.00 P.O. Box 1720 : El Cajon, CA 92022-1720 (619) 401-1863s fax (619) 445-6336 http:/lfireprevention.net Fin al Bill 8/20/2010 Caroling Construction Corp 3035 E 8th St National City, CA 91950 Ref: Parcel 557 351 23 00 Dear Carotin() Construction Corp. This is a reminder of the letter A sent you on 8/2/2010 and we have not received payment in the amount of $650.00 If we do not receive payment within 10 days w,°e wi11 be required to seek appropriate action to collect these monies. This action may include filing an abatement lien on your property and forwarding this bill to our collection agency. Under state and local law, costs for such action will be added to your total amount. Please tender a` check to us immediately to avoid any further action. Make your check payable to Fire Prevention Services, Inc., and include the Parcel # 557 351 23 00 on the check. Should you need to discuss this matter von inay° contact I, at (619) 401-1863. Sincerely. Fire Prevention Services, Inc. rev.05/19/O6 RECORDING R1 T)ESTED BY Fire Prevention SerViccs, Inc. PO Box 2012 Alpine, CA 91903-2012 (619) 562 1058 fax (619) 445-6336 AND WHEN RECORDED MAIL TO Fire Prevention Services, IBC. PO Box 2012 Alpine CA 91903-2012 10169441 SEP 07, 2010 1:37 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L BUTLER, COUNTY RECORDER FEES 0.00 PAGES 1 I IIIEII IIIII IIIII IIill IIIIi i111111111 IIIII IIIII 1IIII Illil 1111111111 lllll'II III IIIi III! NOTICE OF ABATEMENT TO THE CURRENT OWNER OF RECORD AND ANY FUTURE OWNERS/PURCHASERS OE THE HEREIN DESCRIBED PROPERTY WHEREAS it was determined that a violation of Chapter 1.36 of the National City Municipal Code did exist; and WHEREAS such violation was ordered abated on 71202010i and of the National City Fire Department abated the violations) on 7/29/2010, and WHEREAS the charge for such abatement amounted to S 720.00: THEREFORE be it known that an abatement obligation exists on the property regardless of owner until paid. "hhe curl -wit ownerof the property is Carolino Construction Corp at 3035 F, $th St, National City, CA 919S0 described as follows- APN r 557 351 23 00 ADDRESS: M Ave National City LEGAL DESCRIPTION: National City Tin# S-2000-2 Carol'inoHill Lot 7 This abatement obligation shall attach to the property, not the owner and atter confirmation by the City Council shall become a special assessment on the property tax bill. [f not paid pursuant to State, Law and State fax Lien Law, the property ntay be sold tosatisfy that obligation The amount of such claim shallbe S720.00 plus interest and other costs which may hereafter become due. This filing does not preclude the filing of legal action foi collection. Should such actions be required or determined to be appropriate, reasonable legal fees will be incurred and added to said obligation. DATED. September 3, 2010 • State of California ) SS. County of San Dieco Certificate 0 13Y' Ken sl,crn. Fire Prevention Services, inc.. Designee for National City Fire Department cknawledgewent On September 3_ 2010 before Inc. Gavin James Broatch. Notary Public, personally appeared Ken Osborn, vvho proved to me on the basis of satisfactory evidence to be the person(s) whose naine(s) rs%are subscribed to the within instrument and acknowledged to me that he/she they executed the same in his hen their authorized capacity(ies), and that by his -her their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY 01 PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITH and and official seal. r � r GAVIN JAMES EROATCH (a.. , tra ) COMM. # 1823I29 OTARY PilitJC - G'atiFORti1 uJ SAN of E aO COUNTY 0 } CO & EXPIRES f1E)'V. IS, 2012 a (Seal) SUMMARY REPORT FOR APN 557-351-24-00 05/11/10 Initial inspection was made, property was found to he in violation. 05/17/10 Mailed 30 day courtesy notice to the property owner. 06/17/10 Re -inspection was made, property was found to be in violation. 06/17/10 Posted property. 06/18/10 Mailed 10 day final notice to the owner, certified mail. 06/23/10 Received signed certified return receipt. 06/29/10 Final inspection was made, property was found to be in violation. 06/30/10 Verified ownership infoinnation with the County of San Diego. 07/20/10 Work order authorization signed by City Official. 07/29/10 F.P.S.I. crews abated the property. 08/02/10 The owner was mailed a bill at our contracted rates. 08/20/10 The owner was mailed a final bill. 09/03/10 A Notice of Abatement was filed on the property. 06/10/11 The list of Fixed Charge Special Assessments [EXHIBIT "Al and the City Clerk's "NOTICE OF PUBLIC CONFIRMATION OF COSTS HEARING" was served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the property. CITY OF•'NATI(?1' AI CITY FIR DEPAR MENT 140 E, l2th St. : Suite A : NATIONAL CITY, CA. 91950-4596 NOTICE ; TO ABATE PUBLIC NUISANCE Owner Carolino Construction Corp Address: 3035 E Sth St Date: 5/17/2010 National City, CA 91950 Parcel Number_ 557 351 24 00 Location of Public Nuisance: M Ave National City Instructions for Abatement: Please clear the entire property of all weeds, dead vegetation, trash, debris and arundo. All piles of dead vegetation and debris must be removed from the property. (Please maintain any and all grasses below 3 inches year round) You are hereby directed to abate the public nuisance described above, of which you are the occupant or owner, within thirty (30) days of 5/17/2010. **Your failure to comply with this order will result in the City having your property cleaned_ by the City's contractor at your expense (per National City Municipal Code Chapter 1.36). A $350.00 administrative fee will be charged in addition to the contractor's fees to dean the property (per Resolution number 94-97). Violations are also subject to prosecution as misdemeanors. Guidelines For The Abatement of flammable Vegetation For the protection of life and property, remove all brush, flammable vegetation, or combustible growth which is located from thirty (30) feet to one hundred (1O0) feet from such a building or structure or to the property line, whichever is nearer, or as required by the Fire Department, including the maintenance of grass and other vegetation more than thirty (30) from such building or structure: Cuttings are to he removed from the property and disposed of properly Vegetation is to be cut within two (2) inches of the ground. "NOTICE REGARDING RARE, THREATENED OR ENDANGERED SPECIES" If you have previously received a notice front the California Department of Fish and (lame or the Ti S. Fish and Wildlife Services that rare, threatened or endtargered species of fish or wildlife have occurred on your property in the areas identified for fuel break clearance, YOU MUST NOTIFY BOTH AGENCIESAN0 1HE NATIONAL Cl`FY FIRE DEPARTMENT IN WRITING AT LEAST TEN (10) DAYS -PRIOR TO BEGINNING VEGETATION CLEARING. IF'I HESE AGENCIES FAIL TOOBJECT t)R ti()'J'JF Y' YOU or ANY ALTERNATIVE PROCEDURES WITHIN THOSE TEN (10) DAYS, you MAY THEN PROCEED TO CLEAR VEGETATION AS DIRECTED BY THIS NOTICE. Failure to provide notification to these agencies may render you liable under Federal or State Law to penalties. y of the foliowin National (Its, Municipal Code 9.12.010 Public Nuisance Declared --In General onditions are hereby declared to constitute a public nuisance: When the Fire Chief or his/her designee determines that there exists in any building or on any premises combustible, hazardous or explosive materials or danger°- mutations of rubbish; or unnecessary accumulations of wastepaper, boxes. shavings, or any highly flammable materials which are so' situated as to endanger life *.uperty, or finds obstructions.0 or on fire escapes, stairs, passageways, doors or windows that reasonably tend to interfere with the operations of the fire department or the egress of the occupants of such building of premises: or finds that the effectiveness of any exit door, attic separation or any tire separation wall is reduced; or finds that any provision of the Unit -Oran Fire Code is being violated When the Fire Chief or his her designee deems any, chimney, smokestack, stove, oxen, incinerator, furnace or other heating device. electric fixture or any tppunenanee thereto, or anything regulated under a nationally recognized standard in or upon any building, structure or premises not specifically mentioned in the Undone 'Ire Code, to be defective or unsafe soas to create a hazard. When the Fire Chief or his/her designee fords any condition which in his/her judgment increases or may cause an increase of the hazard or menace of fire to a ucater degree that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing' fire or any or act shtch may obstruct, delay, binder or Interfere with the operations oldie fire department or the egress of occupants in the event afire. tional City Municipal Code 9.12,020 Public Nuisance I)eelared 3Neetls and Other Flammable Materials upon streets sidewalks or private property are hereby declared to be ti public nuisance. For the purposes of this chapter_ "weeds" shall include All +weeds, growing Or loeat€ he following: a. Weeds which hear seeds of a downy or wingv nature. ). Sagebrushichaparral, and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent unproved 9ropert}c Weals whch are oth erwise t oxlous or dangerous. �. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace the the public health. Dr) grass, stnhhle, hrush, litter, or other flammable material which endangers the public safety by creating a lire hazard in a portion of the City which has been zoned for single and multiple residence purposes. NationalCity Municipal Code 1.36.010 Public Nuisance Defined Public Nuuance" means arty condition defined or declared to be a public nuisance in any section of this code, and/or and condition caused, Maintained or permitted to exist ritich constitutes a threat to the public's health, safety and welfare or which significantly obstructs, injures or interferes with the reasonable of free use of property in a ieighborhood,' community Or to any considerable number of persons A public nuisance also has the same meaning as set forth in Calilbinia Civil Code Section 3479 National City llunicipnl Code 1.36.060 Abatement— Appeal— Hearing Vitbin ten t10) days from the date of posting, mailing or personal service of the required notice, the owner or person occupying or controlling such lot or premises asTected lay appeal to the City Coursed Such appeal shall be in writing and shall be filed with the Ciy Clerk f you should have any questions, please feel free to call this number: 1-$66-779-3774 d tieneatguna pregunta, por favor ]lathe al nnmero: 1-866-779-3774 many, katanungan, tumawng fang po sa numerong Ito: 1-866-779-3774 "incercly yours in public safety, ''You have the right to appeal the matter to the City Council within ten (10) days of the receipt of this notice. -866-779-3774 ext. 311 or http://Srepreventiotract The appeal shall be in writing and fled with the City Clerk (NCMC 1.36.050) ** =ire Prevention Services; Inc is under contract siitli the City of National City. ire Prevertirin Services*** NATIONAL CITY FIRE DEPARTMENT COMMON QUESTIONS AND ANSWERS ARE YOU THE CURRENT OWNER OF THIS PROPERTY? Yes 4 HAVE YOU CLEARED THIS PROPERTY SINCE THIS NOTICE? tNo 1 DO YOU UNDERSTAND THE INSTRUCTIONS FOR ABATEMENT? Yes 1 HAVE YOU MADE ARRANGEMENTS TO ABATE THE PROPERTY? No Yes CALL FIRE PREVENTION 1-866-779-3774 http://tireprevention.net CALL FIRE PREVENTION FOR RE -INSPECTION. 1-866-779-3774 http://fireprevention.net (PROPERTY OWNERS ARE RESPONSIBLE FOR MAINTAINING HAZARD ABATEMENT ON A YEAR ROUND BASIS. No—► HAVE YOU THOROUGHLY READ THE ABATEMENT Yes - INSTRUCTIONS WOULD YOU LIKE THE CITY TO ABATE THE HAZARD FOR YOU? IF NOT ABATED WITHIN TIME SPECIFIED THE OWNER WILL BE CHARGED A $350.00 ADMINISTRATIVE FEE. PLUS FIRE PREVENTION WILL ABATE. THE OWNER WILL BE BILLED FOR ALL COSTS Yes Yes IF YOU DO NOT UNDERSTAND INSTRUCTIONS CALL FIRE PREVENTION. 1-866-779-3774 http://fireprevention.net CALL FIRE PREVENTION WHEN COMPLETED FOR RE -INSPECTION. 1-866-779-3774 http://fireprevention.net CALL FIRE PREVENTION FOR ARRANGEMENTS. 1-866-779-3774 http://fireprevention.net IF ARRANGEMENTS ARE MADE PRIOR TO CITY ABATING HAZARD, THE ADMINISTRATIVE FEE MAY BE WAIVED. 333 E. 16th Street : National City, CA : 91950-4596 CITY OF NATIONAL CITY SCHEDULE OF FEES 1. Tractor Mowing A. per parcel, sized 1 to 7,500 square feet B. per parcel, sized 7,501 to 15,000 square feet C. per parcel, sized 15,001 square feet to 30,000 square feet D. per parcel, sized 30.001 square feet to one acre E. Per square foot over one acre 7 Hand Labor A. per square foot of area abated 3. Dozer Operation A. hourly rate B. move -on fee $250.00 $325.00 $400.00 $450.00 $ 00.02 $ 00.10 $150.00 $150.00 Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $ 38.00 B. dump fees (reimbursement of cost) 5. Administrative Fee (failure to comply with final notice) A. per parcel 6. Attorney Services A. per parcel, per hour 7. Assessment Fees (includes preparing reports, attending hearings, etc.) A. Cost confirmations fee, per parcel Miscellaneous Fees A. special inspection fee B. abatement lien C. Interest on lien (apr) D release of abatement lien E. public notary F. File duplication fee G. Unscheduled Labor per man hour H. unscheduled fees $350.00 $200.00 $275.00 $ 50.00 $ 50.00 10% $ 50.00 $ 20.00 $ 50.00 $ 50.00 (reimbursement of cost) A. Weeds which bear seeds of a downy or wingy nature. 13 Sagebrush, chaparral, and any other brush' or weeds which attain such large growth as to become, 4 C. Weeds which are otherwise noxious or dangerous; D. Pouon oak and poison rvy whin the conditions of growth are Such as to constitute a menace the the public health. E. Dry grass, stubble. brush, litter, or other flammable tnatefial which endangers the public safety by creating a fire hazard which has been zoned for single and multiple residence purposes; National City Municipal Code 1.36.010 Public Nuisance Defineej "Public Nuisance" means any condition defined or declared to be a public nuisance in any section of this code, and/or and condition caused, maintained or permitted to exist which constitutes a threat to the public's health, safety and welfare or which significantly obstructs, injures or interferes with the reasonable of free use of property in a neighborhoodcoma-amity or to any considerable number of persons A public nuisance also has the same meaning as set forth in California Coil Code Section 3479. National City Municipal Code 1.36.060 Abatement-- Appeal-- Hearing Within ten (Ill) days from the date, of posting mailing or personal service of the required notice; the owner or person occupy ing'or controlling such lot or premises affected may appeal to the City. Council Such appeal shall be in writing and shall be Lied wrth the City Clerk. If you should have any questions, please feel free to call this number: 1-866-779-3774 Si usted tienealguna pregunta, por favor flame al numero: 1-866-779-3774 sg anumang katanungan, tumawan laug po sa numerong Ito: 1-866-779-3774 "weeds" shall fee to adjacent: improved property. a portion of he City notice. 140 E. lath St. FINAL NOTICE TO ' ABATE r. Carolina Construction Corp'' Address: 3035 E Sth St Date: 6/18/2010 National City. CA 91950 Location of Public Nuisance: M Ave National City Instructions for Abatement: Please clear the entire property of all weeds, dead vegetation trash, debt -is and arunda. All piles of dead vegetationand debris must be removed from the property. (Please maintain any and all grasses below 3 inebes year round) You are hereby directed to abate the public nuisance described above, of which you are the occupant or owner, within ten (10) days of 6/18/2010 **Your failure to comply with this order will result in you being charged the administrative fee and the City having your property cleaned by the City's contractor at Your expense (per National City Municipal Code Chapter 1.36). A S350.00 administrative fee will be charged in addition to the contractor's fees to clean the property (per Resolution number 94-97); Violations are also subject to prosecution as misdemeanors. Guidelines For The Abatement of Flammable Vegetation For the protection of life and property. remove all brush. flammable vegetation, or combustible growth which is located from thirty (30) feet to one hundred (100) feet from such a building or structure or to the property line, whichever is nearer, or as required by the Fire Department, including the maintenance of grass and other vegetation more than thirty (30) from such building or structure. Cuttings are to he removed from the property and dtsposed of properly_'. Vegetationis to be cut within two (2) inches of the ground. 1956-4'596' PUBLIC NUISANCE :r: 557 351` 24 00 „NOTICE REGARDING RAR1E. THREATENED irk ENDANC;ERED SPECIES If you have previously received a notice from the California Department of Fish and Game orthc U.S. Fish and Wildlife Services that rare. threatened or endangered species of fish or wildlife have occurred on your property in the areas identified for fuel break clearance, YOU MUST NOTIFY 130E11 AGENCIES AND THE NA'I IONAL CITY FIRE DEPARTMENT IN WRITING AT LEAST TEN (10) DAYS PRIOR TO BEGINNING VEGJ AT1ON CLEARING. 7F THESE AGENCIES FAIL TO OBJECT OR NOTIFY YOU OF ANY ALTERNATIVE PROCEDURES li'1THiN THOSE TEN (10) DAYS, YOU MAY THEN PROCEED TO CLEAR VEGETATION AS DIRECTED BY THiS NO4ICE Failure to provide notification to these agencies may render you liable under Federal or State Law to penalties. National City Municipal Code 9.12.0111 Public Nuisance Declared --In General Any of the following conditions are hereby declared to constitute a public nuisance, When the Fire Chief or his/her designee determines that there exists in any budding or on any premises combustible, lrazaidous or explosive materials or dangerous accumulations of rubbish, or unnecessary accumulations of wastepaper, boxes, shavings; or any highly flammable materials which are so situated as to endanger perry, or finds obstructions to or on tire escapes, stairs, passageways, doors or windows that reasonably tend to'interfere with the operations of the fire department -ess of the occupants of such building of premises; or finds that the effectiveness of any exit door, attic separation or any tire separation wall is reduced; or finds t........s provision of the Uniform Fire Code is being violated B. When the Fire Chief or his/her designee deems any chimney, smokestack, stove, oven, incinerator, furnace or other heatin device, electric fixture' or any appurtenance theceto, or anything regulated under a nationally recognized standard m or upon any building, structure or premises not specifically mentioned in the Uniform Fire Co*. to be defectiveor unsafe so silo create a hazard. C. When the Fire Chief or his/her designee finds any condition whirhin hts/her)udgmerit increases or taiay cause an increase ot:the hazard or menace of fire to a greater degree that customariiv recognized as normal by persons in the. public service regularly engaged in preventing, suppressing Or extinguishing fire or an tiring ar ac which may obstruct, delay, binder or interfere with the operations ofthe fire department or the egress of occupants it]the event of fire. Itiational City Mlmricfpal Code 9.12 026 Publie ,Noisanee Declarednt --Weeds and Other Fla All weeds, growing or located"upon streets, stdewalks or private propertyare hereby declared to be a public nuisance. For the pat -Pose's of this chapter, include the following:• -ours in public safety, 1-8G6-779-3774 ext. 311 or httpr.o ireprevention.ue Fire Prevention Services*** rev 03./27/06, 04,24'06,C&21/06 hen dry, alire m **You htwe the right to appeal this matter to the City Council within ten (10) days of the The appeal shall be in writing and filed with the City Clerk. (NCMC 1 36.050) **"Fire Prevention .Services, inc: is under contract with the City of National City. eipt of this rU 0 i : g sta1 Servtc CERTIFIED NIAI (Domestic Mail Onfy; No Errs a ebb �iC � ir'.i;✓ �reo .11 En 557 351 24 00 elwre :+Ve,yFee ;ramrod, NC a- Carolino Construction Corp 3035 E 8th St r` I PO National City CA 91950 'DER: COMPLETE THIS SECTION 'Tirj*, your rr�rte and address on the reverse ,o that we can rattan the card to you tttacIS this rd_o the tsacic of the rnaflplece, s oti ttte trortt ;space • permits. 4ttcle Addresse3 to: _ 557`354 24 00 3arblino Construction Corp 1035 E Btti t gnat CityCA COMPLETE THIS SECTION ON DELIVERY D. Is address different from Rem? 0 dethrery , . 4tYES, enter delhiery address below: ❑ No OeitNied T+3aR , Express M fl L3 Regisi d P Retwn Receipt for Merchandise' . Restr%tecl Dellveryrt (Eft B Fee) Ci Yes', Stiiinbee 7009 0960 0000 5257 9670 Form381t, Fetrn,ary 2004 Domestte Return Receipt 6-29-10 Final Inspec 333 E. 16111 `St.: N°ATtONAi CITY . 91950-4596 Authorization # 2613 Owner: Carolino Construction Corp Address: 3035 E 8th St National City, CA 91950 Parcel11557 351 24 00 Job location Ave National City Authorized hy4 Sign WHEN SIGNED THIS DOCUMENT At b S RIGHT OF PASSAGE ONTO PRIVATE PROPERTY FOR THE PURPOSE OF FIRE VIOLATION / PUBLIC NUISANCE REDUCTION OR REMOVAL. Hand Cutting: Crew METHOD OF CLEARING Entire Parcel Fire Break iC- , sq. ft. Rernoval: cu. yds. Mawn;: sq. ft. Discing sq. ft. Type: Type: Type: Type: CREW INFORMATION Date "otes: Please clear the entire property of all weeds. dead vegetation. trash. debris and arundo. All piles E'dead'vegetation and debris must be removed from the property. (Please maintain any and all grasses below 3 inches year round) 06 14) 8, SAM DIEGO COUNTY I TWS LAP WAS:PPEPARED ECR A$SESSNEYEPARCISES ONLY, NOUABILITY IS ASSESSORS MAP I AM,AAY NOTEOR COMPLYWITHWITH LOCAL SU &TIVESION OR BUILDING BOON .357 PACE . 31. 1.4TH ST CM •' 357 MAP 15223 - CAROLNO HILLSIDE HOMES MAP 166 — RHO DE LA NACION — POR OSEC 132 OLD 3 y 75'Ma as iX25 CUT 74 -'6 P9 ' -rer 4.4 08`:''280^'::: -1 • •. 8/2/2010 P.O. Box 1720 : El Cajon, CA 92022-1720 (619) 401-1863 : fax (619) 445-6336 http://freprevent on.net Carolino Construction Corp 3035 E 8th St National City, CA 91950 Parcel"## 557 351 24 00 Location: M Ave National City Dear Caroling Construction Corp. This letter is to inform you that the Public Nuisance on the above referenced property was abated pursuant to a prior Notice to Abate and order of the City of National City. Fire Prevention Services was contracted by the City of National City to help reduce Public Nuisances and potential fire violations thus improving the safety of its citizens. The abatement work en your property was performed as mandated by The National City Municipal Code Chapter 1.36. The charges thus far total $650.00_ You will incur no further costs if this amount is paid within fifteen (15) days of the date of this notice. Failure to pay this hill may result in the filing of an abatement lien upon your property. Please make your check payable to Fire Prevention Services and include the Parcel # 557 351 24 00 on the check: Ifyou have any questions please call us direct at 619-401-1863. Sincerely, Fire Prevention Services, Inc. rev.05/ 19/06 CITY SCHEDULE OF FEES Tractor Mowing per parcel, sized 1 to 7,500 square feet B. C. D. E. per parcel, sized 7,501 to 15,000 square feet per parcel, sized 15,001 square feet to 30,000 square feet per parcel, sized 30,001 square feet to one acre per square foot over one acre Hand Labor A, per square foot of area abated Dozer Operation A. hourly rate B. move -on fee $250.00 $325.00 $400.00 $450.00 $00.02 $0.10 $150.00 $150.00 Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $38.00 x B. dump fees (reimbursement of cost) Administrative Fee (failure to comply by deadline of notice) A. per parcel Attorney Services A. per parcel, per hour Assessment Fees (includes preparing reports, attending hearings, etc. A. cost confirmation fee, per parcel Miscellaneous Fees Per Parcel A. B. C. D. E. H�. G. H. special inspection fee abatement lien Interest on lien (apr) release of abatement lien public notary file duplication fee unscheduled Labor per it unscheduled fees an hour FILE # 2613 APN # 557 351 24 00 $350.00 $200.00' $275.00 $50.00 $50.00 10% $50.00 $20.00 $50.00 $50.00 (reimbursement of cost) quantity sub total ft 3000 sq. ft. 300.00 TOTAL $ 650.00 cu.yds = 350.00 P.O.. Box 1720 El Cajon, CA 92022-1720 (619) 401.1863 : fax (619) 445-6336 http://fireprevention net Final Bill 8f2 0/20 10 Carolina Construction Corp 3035 E 8th St National City, CA 91950 Ref: Parcel # 557 351 24 00 Dear Carolino Construction Corp; This is a reminder of ttrc letter we sen amount of S650.00 1212010 and eve hay c not received payment in the If we do not receive payment within 10 days we will be regt these monies, eek appropriate action to collect This action may include filing an abatement lien on your property and forwarding this bill to our collection agency. Under state and local law, costs for such action will be added to your total amount. Please tender a check to us immediately to avoid any further action, Make your check payable to Fire Prevention Services, Inc., and include the Parcel `t 557 351 24 00 on the check. Should you need to discuss this matter you may contact us at (619) 401-1863. Sincerely, Fire Prevention Services, Inc. rev 05 19/06 RECORDINCy REQUESTED BY Fire Prevention Services, inc. PO Box 2012 Alpine, CA 91903-2012 (619) 562-1058 fax (619) 445-6336 AND WHEN RECORDED MAT1. TO Fire Prevention Services, Inc. PO Box 2012 Alpine, CA 91903-2012 zma-oassnaz 11111111 llflll I II nnld IIRI II IIIIVI ullllll I NIIIIIIIII III SEP 07, 2010 1:37PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER, CIUNJY RECORDER FEES: 0,00 PAGES: 1 1NI1llIINlIli1liIN1II11011IIINIIIII1II111NIIINI II 111NII1i11111 NOTICE OF ABATEMENT FO THE CURRENT OWNER OF RECORD AND ANY FUTURE OWNERS/PURCHASERS OF TIIE HEREIN DESCRIBED PROPERTY WHEREAS it as determined that a violation of Chapter 1.36-ofthe National City Municipal Code did exist, and WHEREAS such violation was ordered abated on 7120/2010. and WHEREAS representatives of the National City Fire Department abated the vialaiion(s) on 7%29::2010. and WHEREAS the chard for such abatement amounted to S720.00; THEREFORE be it known that an abatement obligation exists on the property regardless of owner until paid. The current owner of theproperty is Caroling Construction Corp at 3035 E 8th St, National City, CA 91950 described as follows: APN k 557 331 24 00 ADDRESS: !vi Ave National City LEGAL DESCRIPTION: National City Tint/ S 2000-2 CaralinoIlill Lot 8 This abatement obligation shall attach to the property, not the owner, and after confirmation by the City Council shall become a special assessment on the property tax bill. If not paid pursuant to State Law and State fax Lien Law, the property may be sold to satisfy that obligation 'I he amount of such claim shall be S720.00 plus interest and other costs which may hereafter become due. This filing does not preclude the filing of legal action for collection. Should such actions he required or determined to be appropriate, reasonable legal fees will be incurred and added to said obligation I).A I LL): September 3, 2010 State of California ) SS. County of San Diego BY' Ken Osborn, Fire Prevention Services, Inc.. Designee for National City Fire Department Certificate' Of Acknowletlgenpent Oa September 3. 20I0 before me, Gavin Jaynes Broatch, Notary Public, personally. appeared Ken Osborn, who proved to nie on the basis of satisfactory evidence to be the persan(s) whose name(s) istare subscribed to the within instrument and acknowledged to time that helshe they executed the same in hrsherftheir authorized capacity(ics), and that by his%her/their signature(s) on the instrument the person(s). or the entity upon behalf of which the person(s) acted. executed the instrument. ccrtifp tinder PENALTY DE PERJURY under the laws of the State of California that the foregoing paragraph is trite and correct. (,} �rx ' COMM, Eb'?l,ES 507. I"82p 122 rAVIN JAMES i3BGi;TCtf COMM. # 1823129 l NO1„itY AU9tIC - C IIrGit+r!A' SAN DiECO COUNTY 0 (Seal) SUMMARY REPORT FOR APN 557-351-25-00 0.5/11/10 Initial inspection was made, property was found to be in violation. 05/17/10 Mailed 30 day courtesy notice to the property owner. 06/17/10 Re -inspection was made, property was found to be in violation. 06/17/10 Posted property. 06/18/10 Mailed 10 day final notice to the owner, certified mail. 06/23/10 Received signed certified return receipt. 06/29/10 Final inspection was made, property was found to be in violation. 06/30/10 Verified ownership information with the County of San Diego. 07/20/10 Work order authorization signed by City Official. 07/29/10 F.P.S.I. crews abated the property. 08/02/10 The owner was mailed a bill at our contracted rates. 08/20/10 The owner was mailed a final bill. 09/03/10 A Notice of Abatement was filed on the property. 06/10/11 The list of Fixed Charge Special Assessments [EXHIBIT "Al and the City Clerk's "NOTICE OF PUBLIC CONFIRMATION OF COSTS HEARING" was served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the property. / CITY OF NATIONAL CITY FIREDEPARTMENT 140 E. 12th St. : Suite A : NATIONAL CITY, CA. 91950-4596 NOTICE TO ABATE PUBLIC NUISANCE Owner: Carolina Construction Corp Address: 3035 E 8th St Date: 5/17/2010 National City, CA 91950 Parcel Number: 557 351 25 00 Location of Public Nuisance: Al Ave National' City instructions for Abatement: Please clear the entire property of all weeds, dead vegetation, trash, debris and. arondo. MI piles of dead vegetation and debris must be removed from the property. (Please maintain any and all Brasses below 3 inches year round/ You are hereby directed to abate the public nuisance desci ibed above, cl which You are the occupant or owl ei within thirty (3ft) days of 5/17121/11i. **Your failure to comply with this order will result in the City having your property cleaned by the City's contractor at vour expense (per National City Municipal Code Chapter 1.36). A S350.00 administrativefee will be charged in addition to the contractor's fees to clean the property (per Resolution number 94.97). Violations are also subject to ptosccution as misdemeanors. Guidelines For The Abatement of Flammable :WEetatierh For the protection of life and property, remove all brush flammable vegetation. or combustible growth which is located from thirty (30) feet to one hundred (100) feet from such a butldtng or structure or to the property line. whichever is nearer; or as required by the Fire Departtilent, including the maintenance of grass autd other vegetation more than thirty (30) from such building or structure_ Cuttings are to be removed front the property; and disposed of properly. Vegetation into be cut within two (2) inches of the ground. "NOTICE REGARDING RARE, THREATENED OR END ANGERED SPECIES" ou have previously received a non cc from the California Department of Fish and Same or the U S. Fish and Wildlife Services that rare, threatened or endangered species of fish or wildlife have occurred on your property inure areas identified for firel break clearance, YOU MUST NOTIFY BOTH AGENCIES. AND 1 FIE NATIONAL. CITY FIRE DEPARTMENT IN WRITING AT LEAST TEN (IP) DAYS PRIOR TO BEGINNING VEGETATION CLEARING. IF THESE AGENCIES FAIL TO OBJECT OR NOTIFY YOU OF ANY ALTERNATIVE PROCEDURES WITHIN THOSE TEN (10) DAYS, YOU MAY THEN- PROCEED TO CLEAR VEGETA770N AS DIRECTED BY THIS NOTICE Failure to provide notification to these agencies may render you liable under Federal or State Law 10 penalhet. National City lsfiunicipal Code.9.12,010 Public Nuisance Deeiared--Ili General Any of the folio(iing condtitons are hereby declared to constitute a public nuisance. vvner3 the Fire Chief er his/her designee -determines that there exists in any buddmgor;on any premises comhirstible, hazardous or explesive materials or dangerot tulatiolis of rubbish; or unnecessary accumulations of wastepaper, boxes. shavings, or any highly I1ammable materials which are so sifuated as to endanger )roperty; or finds obst'ntctit}na to or on fire escapes, stairs, passageways.:. doors or windows that reasonably� tend to interfere with the operations of the fire department or rite fires$ of the occupants of slid) building of premises; or finds that the effectiveness of any exit door, attic separation or any fire separation wall is reduced, or finds that any vrovision of the Uniform Fire Code is being violated 3 When the Fire Chief or his/her designee ifeems any chimney,smokesnt tack, stove, oven,; incinerator, firace or other heating device, electric fixture or tiny appurtenance thereto; or anything regulated under a nationally recognized standard in or upon any building, structure or premises not specifically mentioned in the Unifomi 'ire Code, to be defective or unsafe so as to create a hazard. When the Fire Chief or his/her designee finds any condition which m his/her, judgment Increases or may cause an increase of the hazard or menace Of fire to a treater degree that customarily recognized as normal by persons in the public service regularly engaged in preventing. suppressing or extinguishing fire or any thing or act which rimy obstruct, delay, hinder or interfere with the operations of the fire deparonent or the egress of occupants in the event of fire. National fl'ity Municipal ('ode-9,12,020 Public Nuisance Declared Weeds and Other Flammable Materials kit heeds, growing or located upon streets_ sidewalks or private property am hereb., declared to r _ public flUISenee. For the purposes of tins .. .. _ ._ . _ _ he follow Weeds which bear seeds of aidownv or vsingy natuyd. Sagebntsh, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent unproved property Weeds winch are otherwise noxious or dangerous. Poison oak and poison ivy when the conditions of growth are such as to constitute a nsenacc the the public health. Dry grass, stubble, blush, litter, or oilier tlammahle anaterial which endangers the public safety by creating a fire hazard in a portion ©fine Cat, which has been zoned for single and multiple residence purposes. National City Municipal Code 1.36.010 Public Nuisance Defined Public Nuisance" means any condition defined or declared to be a public nuisance in any section of this rode, and/or and condition caused, maintained or permitted to exist %Melt constitutes a threat to the public's health, safety and welfare or which significantly obstructs, injures or interferes with the reasonable of free use of property in a ieighborhood, community or to any considerable number of persons, A public nuisance also has the same meaning as set forth in California Civil Code Section 3479 National City Municipal Code 1.36.060 Abatement- Appeal— Hearin Within ten (10) days from the dale of posting, mailing or personal service oldie required notice. the owner or person occupying nr wntrolling such lot or premises affected nay appeal to the City Courted. Such appeal shall be in wTRing and shalt he filed with the City Clerk, fyon should have any questions, please feet free to call this number: I-866-779-3774 tienealguna pregunta, por favor flame al name -rot 1-866-779-3774 imang katanungan, tumawag fang po sa humerong ito: 1-866-779-3774 Sincerely yours in public satiety, *`You have the right to appeal this matter to the City Council within ten (10) days of the -866-779-3774 ext_ 311 or bttp:f/lireprevention.net lheappeal shall be in writing and filed with the City Clerk. (NCNIC 136.050) "*Fire Prevention Services, Inc. is under contract with the City of National City. Fire Prevention Services* * * l i s eipt of this notice. NATIONAL CITY FIRE DEPARTMENT COMMON QUESTIONS AND ANSWERS ARE YOU THE CURRENT OWNER OF THIS PROPERTY? Yes t HAVE YOU CLEARED THIS PROPERTY SINCE THIS NOTICE? NO 1 DO YOU UNDERSTAND THE INSTRUCTIONS FOR ABATEMENT? Yes t HAVE YOU MADE ARRANGEMENTS TO ABATE THE PROPERTY? No 4 WOULD YOU LIKE THE CITY TO ABATE THE HAZARD FOR YOU? -No—► No Yes CALL FIRE PREVENTION 1-866-779-3774 http://fireprevention.net CALL FIRE PREVENTION FOR RE -INSPECTION. 1-866-779-3774 http://fireprevention.net PROPERTY OWNERS ARE RESPONSIBLE FOR MAINTAINING HAZARD ABATEMENT ON A YEAR ROUND BASIS. HAVE YOU THOROUGHLY READ THE ABATEMENT Yes - INSTRUCTIONS No IF NOT ABATED WITHIN TIME SPECIFIED THE OWNER WILL BE CHARGED A $350.00 ADMINISTRATIVE FEE. PLUS FIRE PREVENTION WILL ABATE. THE OWNER WILL BE BILLED FOR ALL COSTS Yes Yes IF YOU DO NOT UNDERSTAND INSTRUCTIONS CALL FIRE PREVENTION. 1-866-779-3774 http:llfirepreventi on.net CALL FIRE PREVENTION WHEN COMPLETED FOR RE -INSPECTION. 1-866-779-3774 http:l/fi reprevention. net CALL FIRE PREVENTION FOR ARRANGEMENTS. 1-866-779-3774 http://fireprevention.net IF ARRANGEMENTS ARE MADE PRIOR TO CITY ABATING HAZARD, THE ADMINISTRATIVE FEE MAY BE WAIVED. 333 E. 16th Street : National City, CA : 91950-4596 CITY OF NATIONAL CITY SCHEDULE OF FEES Tractor Mowing A. per parcel, sized 1 to 7,500 square feet $250.00 B_ per parcel, sized 7,501 to 15,000 square feet $325.00 C. per parcel, sized 15,001 square feet to 30,000 square feet $400.00 D. per parcel, sized 30,001 square feet to one acre $450.00 E. Per square foot over one acre $ 00.02 Hand Labor A. per square foot of area abated $ 00.10 Dozer Operation A. hourly rate $150.00 B. move -on fee $150.00 Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $ 38.00 B. dump fees (reimbursement of cost) 5. Administrative Fee (failure to comply with final notice) A. per parcel 6. Attorney Services A. per parcel, per hour 7. Assessment Fees (includes preparing reports, attending hearings, etc.) A. Cost confirmations fee, per parcel $350.00 $200.00 $275.00 8. Miscellaneous Fees A. special inspection fee $ 50.00 B. abatement lien $ 50.00 C. Interest on lien (apr) 10% D release of abatement lien $ 50.00 E_ public notary $ 20.00 F. File duplication fee $ 50.00 G. Unscheduled Labor per man hour $ 50.00 I1. unscheduled fees (reimbursement of cost) CITY OF NATOTAI, CIr 140 E. 12th St. : Suite A : NATIONAL CITY, CA. 91950-4596 FINAL NOTICE T( r: Carolino Construction Corp ss: 3035 E 8th St Date: 6118/2010 National City, CA 91950 Location of Public Nuisance: Nl Ave National City Instructions for Abatement: Please clear the entire property of ail weeds, dead vegetation, trash, debris and arundo. All piles of dead vegetation and debris must be removed <from the property_ (Please maintajn`any and all grasses below 3 inches year round/ You are hereby directed to abate the public nuisance described above of which you are the occupant 01 owner, within ten. (10) days of 6118/2010. **Your failure to comply with this order will result in you being charged the administrative fee and the City having your property cleaned by the City's contractor at your expense (per National City Municipal Code Chapter 1.36) A $350,00 administrative fee will be charged in addition to the contractor's fees to dean the property (per Resolution number 94-97). Violations are also subjectto prosecution as misdemeanors. Guidelines F r The Abatement of Flammable Vegetation For the protection of life and property, reprove all brush. flammable vegetation, or combustible growth 'which is located from thirty (30) feet to one hundred (100) feet from such a building or structure or to the property tine; whichever is nearer, or. as required by the Fire Department, including the maintenance of grass and other vegetation More than thirty (30) from such building or structure. Cuttings are to he removed from the property andfdisposed of properly. Vegetation is to be cut within two (2) inches of the ground. "NOTICE REGARDING RARE, THREATENER OR ENDANGERED SPECIES'' If you have previously received a notice from the California Department of Fish and Game or the U S, Fish and Wildlife Services that rate, threatened or endangered species of fish or wildlife have occurred on your property in the areas identified for fuel break clearance. YOU MUST NOTIFY BOTH AGENCIES AND THE NATIONAL CITY FIRE DEPARTMENT IN WRITING AT LEAST fEN (10) DAYS. PRIOR TO BEGINNING VEGETATION CLEARING. IF THESE AGENCIFS FAIL TO OBJECT OR NOTIFY YOU OF ANY ALTERNATIVE PROCEDURES WITHN`TILOSC TEN (10) DAYS, YOU MAY THEN PROCEED TO CLEAR VEGETATION AS DIRECTED BY IHiS NOTICE Failure to provide notification to these agencies may render von liable under Federal or State Law to, penalties. National City 'Municipal Code 9.12.010 Public Nuisance DeelarCd--ln General Any of the following conditions are hereby declared to constitute a public nuisance. A. When the Fire Chief or his/her designee determines that there exists in any building or on try premises combustible. hazardous or explosive materials or dangerous accumulations of rubbish; or unnecessary accumulations of wastepaper, boxes, shavings or any highly llatmriable materials which ate so situated as to endanger Yperty, or finds obstructions to or on fire escapes, stairs_ passageways, doors or windows that reasonably tend to interfere with the operations of the fire department Tess of the occupants of such building of premises, or finds that the effectiveness of any exit door, attic separation or arty fire separation wall is reduced, or finds irovisionof the Uniform Fire Code is being violated. B When the Fire Chief ur hisftrer designee deems any chimney, smokestack;, stoe, oven, incinerator, furnace or other heating device, electric fixture or any appurtenance thereto, or anything regulated under a nationally recognized standard in or upon any building, structure or premises not specifically mentioned in the Unifornt Fire Code, to be defective or unsafe so as to create a hazard C. When the Fire Chief or hisTher designee finds any condition which in his/her judgment increases or luay cause an increase of the hazard or menace of fire to rt greater degree that'custoinartt1y recognized as normalby persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or any thing uoract which may obstruct, delay hinder or interfere with the operations of the fire department or the egress of occupants in the event of fire. National City Municipal Code 9.12.020 Public Nuisance Declared; -Weeds and Other Flammable Materials All weeds, growing or located upon streets, sidewalks or private property are hereby declared to he a public nuisance For the purposes of'this chapter, ' weeds" shall include the following, A. weeds sshieh bear seeds of a dowyny or wines nature. B Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, hen dry. a fire menace to adjacent improved property. C. Weeds which are otherwise noxious or dangerous. D. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace the the public health; F. Dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard in a portion of the City which has been zoned for single and multiple residence purposes. National City Municipal Code 136.010 Public Nuisance Defined "Public Nuisance" means any condition defined or declated to he a public nuisance in anv section of this code, andTor and condition caused, maintained or permitted to Is which constitutes a threat to the public's health, safety and .welfare or which significantly obstructs, injures or interferes with the reasonable of free use of property- in a neighborhood, community or to anv considerable number of persons_ A public nuisance also has the same meaning as set forth in California Civil Code Section 3479. National City Nlunicinal Code 1 36 060 lbatement eal—Heririoci rin Within ten (10) days horn the date of posting, ntaiing or personal service of the required notice, the owner 01 person occupying or controlling such let or premises affected nay appeal to the City Council. Such appeal shall be in writing and shall be filed with the City Clerk. if you should have any questions, please feel free to call this number: 1-866-779-3774 5i usted tienealguna pregunta, por favor !lame al numero: 1-866-779-3774 anumang katanungan, hiniavvag lang po sa nnmerong ito: 1-866-779-3774 'ours in public safety, **You have the right to appeal this matter to the City Council within tea (10) days lot cc 1-866-779-3774 ext. 311 or http://fireprevention.net The appeal shall be in writing and filed with the City Clerk. (NCiyfC 1 36.050) **"Fire Prevention Serdces, Inc_ is under contract with the City of National City 'ire Prevention Services**' ev 0327/06.0424/0 06/21/06 the receipt of this U S Postal ei�4it;,Pk (Domestic t�faft i y; No !IiS For delver,/ infos i7iE`mdsn @e?i' y Fr-. F' O (€r'dorsercee,t ilea. t ) a 557 351 25 00 it ser're Carolino Construction 3035E 8th;St r'- °.'P.95, National City CA 91950 C h RECEIPT NC 557 351 25 00 Carolino Construction Corp °A'15E8thSt `onal City CA rade Number 4rseferjrCIrrser ceMbe4_ Corp COMPLETE THIS SECTION ON DELIVERY :Mel ❑ Eicpress Mail [i:Reglatered"' C7 Relurri Receipt for`Mercbandlse 4. Restricted Delivery? (Exfr Fee) 0 Yes` 7009 0960 0000 5257 9663 =tirtti 3811, Felxtiary 2004 Domestic Return Receipt 102595-02-M-154t} 5) CITY OF'NA 333 E 16th'St. NATIONAL CIT` WORK ORDER AIIXT}I Authorization # 2614 Owner: Carolino Construction Corp Address: 3035 E Sth St National City, CA 91950 Parcel #557 351 25 00 Job location:M Ave National City Date: 7- Z.} m 1( t Y- 'WHEN SIGNED THIS DOCUMENT ALL s SRIGIIT OF PASSAGE ONTO PRIVATE PROPERTY FOR THF. PURPOSE OF FIRE VIOLATION / PUBLIC NUISANCE REDUCTION OR REMOVAL. METHOD OF CLEARING Entire Parcel Hand Cutting: -12OC> sq. ft. Tractor Mowing: sq. ft. l7iscing: Fire Break Removal: cu. yds. Crew Type: Type:, Type: Type: CREW INFORMATION Date sq. h. Notes: Please clear the entire property of all weeds, dead vegetation, trash, debris and arundo. All piles 'dead vegetation and debris must be removed from the property. (Please maintain any and all grasses below 3 inches year round) 06 ink SAM. DIECO COUfTY ASSESSOR'S MAP BOOR 397 PACE 31. J n FF.5323., rFAR,3: ?o 1'01'Zd'6. _125 PFA 4 3' 5 M15223 P. 3 8.1 0 6 28 ifr..7M- --. 41 s 2 11165 MI5223;5+,%5 --r Sri Q"�•" +r 2Y I M1OACCESS 4-T 1 ABILITY IS AASSSUSEIT S MAR FOR THE ACCURACYY OF THE DATA PURPOSES ASSESSSOR'NLY. NO S PARRCELS".. MAY NOT COMPLY WITH.. LOCAL SUBDIVISION OR BUILDING ORDINANCES, 14TH ST,. I 297$D09" 541 CH 35, 351 351, 15TH ST MAP 15223 - CAROLINO HILLSIDE HOMES MAP 166 - RHO DE LA-NACION - POR QSEC 132 Rat 1 7S)( 470 ; ?J OD° s 4 i 13G v 7-29-10 Photo 3 7-29-10 Photo 4 7-29-10 Photo 1 7-29-10 Photo 2 P.O. Box 1720 : El Cajon, CA 92022-1720 (619) 401-1863 : fax (619) 445-6336 bttp://firepreVentiOn.net 8/2/2010 Caroling Construction Corp 3035 E 8th St National City, CA 91950 Parcel ;t 557 351 25 00 Location: M Ave National City Dear Carolina Construction Corp, This letter is to inform you that the Public Nuisance onthe above referenced property was abated pursuant to a prior Notice to Abate and order of the City of National City. Fire Prevention Services was contracted by the City of National City to help reduce Public Nuisances' and potential fire violations thus improving the safety of its citizens. The abatement work on your property was performed as mandated by The National City Municipal Code Chapter 1.36. The charges thus far total $650.00. You will incur no further costs if this amount is paid within fifteen (15) days of the date of this notice. Failure to pay this bill may result in the filing of an abatement lien upon your property. Please make your check payable to Fire Prevention Services and include the Parcel # 557 351 25 00 on the check. If you have any questions` please calf us direct at 619-401-1861 Sincerely, Fire Prevention Services, Inc. rev 05/19/06 Tractor Mowing per parcel, sized 1 to 7,500 square feet B. per parcel, sized 7,501 to 15,000 square feet C. per parcel, sized 15,001 square feet to 30,000 square feet D. per parcel, sized 30,001 square feet to one acre E. per square foot over one acre Hand Labor A. per square foot of area abated Dozer Operation A. hourly rate B. move -on fee $250.00 $325.00 $400.00 $450.00 $00.02 $0.10 $150.00 $150.00 sq. ft. 3000 sq. f . 300.00 Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of :material prior to chipping, and or compacting' $38.00 X cu.yds B. dump fees (reimbursement of cost) ailure to comply by deadline of notice) Attorney Services A. per parcel, per hour Assessment Fees (includes preparing reports, attending hearings, etc.) A. cost confirmation fee, per parcel Miscellaneous Fees Per Parcel A. special inspection fee B. abatement lien C. Interest on lien (apr) D. release of abatement lien E. public notary F. file duplication fee G. unscheduled Labor per hour H. unscheduled fees $350.00 200.00 $275.00 $50.00 $50.00 10% $50.00 $20.00 $50.00 $50.00 (reimbursement of cost) 350.00 FILE # 2614 APN # 557.351 25 00 TOTAL $ 650.00 CA 92022-l720 619)445-6336 littp://fireprevention.net Final Bill 8/20/2010 Carolino Construction Corp 3035 E 8th St National City, CA 91950 Ref;Parcel # 557 351 25 00 Dear Carotin() Construction Corp, This is a reminder of the letter we sen amount of $650.00 d we have not received pays If we do not receive payment within 10 days we will be required to seek appropriate ac these monies. nt in the n to collect This action may include filing an abatement lien on your property and forwarding this bill to our collection agency. Under state, and local law, costs forsuch action will be added to your total amount. Please tender a check to us immediately to avoid any further action. Make your check payable to Fire Prevention Services, Inc., and include the Parcel # 557 351 25 00 on the check. Should you need to discuss this mane Sincerely, Fire Prevention Services, Inc. rev.05119106 act us at (619) 401-1863. 30 RECORDING'REQUESTED BY Fire Prevention Services, Inc. PO Box 2012 Alpine. CA 91903-2012 (619) 562-1058 fax (619) 445-63 36i AND WHEN RECORDED MAIL TO Fire Prevention Services, Inc. PO Box 2012 Alpine, CA 91903-2012 JC# 201p-011.69443 IIIIIIII II II�111 I I I IIIIIIII I If I I III 111�1III I IIIII II II I SEP 07, 2010 1:37 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L BUTLER, COUNTY RECORDER FEES: 0.00 PAGES: 1111111111111111 1111 1 111111111I Hill 1111111111111111111111111111111111111111111 i11 NOTICE OF ABATEMENT TO THE CURRENT OWNER OF RECORD AND ANY FUTURE OWNERS/PURCHASERS OF THE HEREIN DESCRIBED PROPERTY WHEgEAS it was determined that a violation of Chapter 1.36 of the National City Municipal Code did exist; and WHEREAS such yiolanon vas ordered abated on 7,20/2010. and WHEREAS representatives of tlic National City Fire Department ahated the violations) on 7/2912010, and WHEREAS the charge for such abatement amounted to S720.00, THEREFORE be it known that an abatement obligation exists on the property regardless of owner until paid. The current owner of the property is Carolino Construction Corp at 3035 E Sth St, National City, CA 91930 described as follows: APrN 557351 2500 ADDRESS: M Ave National City LEGAL DESCRIPTION: National City Tm# S-2000-2`Caro linoHill Lot 9 This abatement obligation shall attach to the property, not the owner, and after confirmation by the City Council shall become a special assessment on the property tax bill If not paid pursuant to State Law and State Tax Lien Law; the property may be sold to satisfy that obligation. Hie amount of such claim shall be S720.00 plus interest and other costs which may hereafter become due. This filing does not preclude the tiling of legalaction for collection. Should such actions be requited or determined to be appropriate, reasonable legal fees will be incurred and added to said obligation. DATED: September 3, 2010 State' of California County of San Diego } ) SS. EY: Ken Osborn, Fire Prevention Services, Inc., Designee for National City Fire Department Certificate Of Acknowledgement On September 3, 2010 before me, Gavin James Rroatch. Notary Public. personally appeared Ken Osborn, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isiare subscribed to the within instrument and acknowledged to me that he/she/they, executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNEdx( kand and official seal. GAVIN JAMES BROATCH 0 e COMM.n# 1.823129 n _ ; NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY 0 �; o.s COMM. EXPIRES NOY,1a 2R12 (Seal) SUMMARY REPORT FOR APN 558-132-19-00 01/13/10 Received citizen complaint. 01/19/10 Initial inspection was made, property was found to be in violation. 01/20/10 Mailed 30 day courtesy notice to the property owner. 02/22/10 Re -inspection was made, property was found to be in violation. 02/22/10 Posted property. 02/23/10 Mailed 10 day final notice to the owner, certified mail. 03/17/10 Received certified notice returned "unclaimed". 03/17/10 Verified ownership information with the County of San Diego. 05/07/10 Final inspection was made, property was found to be in violation. 05/11/10 Verified ownership information with the County of San Diego. 07/20/10 Work order authorization signed by City Official. 09/03/10 F.P.S.I. crews abated the property. 09/08/10 The owner was mailed a bill at our contracted rates. 09/22/10 The owner was mailed a final bill. 10/08/10 A Notice of Abatement was filed on the property. 06/10/11 The list of Fixed Charge Special Assessments (EXHIBIT "A") and the City Clerk's "NOTICE OF PUBLIC CONFIRMATION OF COSTS HEARING" was served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the property. CITYOF NATIONAL CITY FIRE DEPARTMENT' 140 E. 12th St. : Suite A : NATIONAL CITY, CA. 91950-4596 NOTICE TO ABATE PUBLIC NUISANCE Owner: Wallace (trace R Parcel Number: 558132 19 00 Address: 2613 E 16th St Date: 1/20/2011) National City, CA 91950 Location of Public Nuisance: 2613 E I6th St National City 91950 instructions for Abatement: Please remove any tree branches and/or vegetation existing upon or touching rooftop.(Shed in backyard) Please remove "any and all" combustible materials, discarded furniture and appliance, trash, piles of debris from entire property. You are hereby directed to abate the public nuisance described above. of which you arc the occupant or owner, within thirty (30) days of 1/20/2010. "'Your failure to comply' with this order will result in the City having your property cleaned by the City's contractor at your expense (per National City Municipal Code Chapter 1 36) A $350 00 administrative • fee will be charged in addition to the contractor's fees to clean the property (per Resolution number 94-97). Violations are also subject to prosecution as misdemeanors. Guidelines For The Abatement of I laminable Vegetation For the protection of life and property, remove all brush, flammable vegetation, or combustible growth which is located from thirty (30) feet to one hundred (100) feet from such a building or structure' or to the property line, whichever is nearer. or as required by the Fire Department, including the maintenance of grass and other vegetation more than thirty (30) from such building or structure_ Cuttings are to be removed from the property and disposed of property. Vegetation is to be cut within two (2) inches oldie ground. "NOTICE REGARDING RARE, THREATENED OR ENDANGERED SPECIES" If you have previously received a notice from the California Department of Fish and Game or die U.S. Fish and Witdlife'Services that rare, threatened or endangered species of fish or witdhfe have oceurred on your property in the areas identified for fuel break clearance, YOU MUST NOTIFY B01 H AGENCIES AND THE NATIONAL CITY FIRE DEPARTMENT iN WRITING AT LEAST TEN (10) DAYS PRIOR TO BEG[NNING VEGETATION CLEARING. IF THESE AGENCIES FAH, 10OBJECT OR NOTIFY YOU OF ANY ALTERNATIVE PROCEDURES WITHIN THOSE TEN (I0) DAYS. YOU MAY THEN PROCEED TO CLEAR VEGETATION AS DIRECTED BY THIS NOTICE Failure to provide notification to these agencies may render you liable under Federal or State Law to penalties. National City Municipal Code 9.12.010 Public .Nuisance Declared —In General Any of the following conditions are hereby declared to constitute a public nuisance: + When the Fire Chief or his/her designee determines that there exists in any building or on any premises combustible, hazardous or explosive materials or dangero' mutations of rubbish; or unnecessary acetintulations of:wasfepaper, boxes, shavings, or any"highly flammable materials which are so situated as to endanger life ,roperty, or finds obstructions to or on fire escapes, stairs, passageways, doors or windows that reasonably tend to interfere with the operations of the dire department or the :grass of the occupants of such building of premises; or finds that the electiveness of any exit door, attic separation or any fire separation wall is reduced; or finds that any trovision of the Uniform Fire Code is being violated. 3. When the Fire Chief or his/her designee deems any chimney, smokestack, stove, oven, incinerator, furnace or other heating device, electric fixture or any ippurtenance thereto, or anything regulated under a nationally recognized standard in or upon any building, structure or premises not specifically mentioned in the Uniform 'ire Code, to be defective or unsafe so as to create a hazard. When the Fire Chief orhis/her designee finds any condition which in his/herjudgment inereases or may cause an increase of the hazard or menace of fire to a treater degree that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or any thing or act Hitch may obstruct, delay, hinder or interfere with the open ations of the fire department or the egress of occupants in the event of fire. National City Municipal Code 9.12.020 Public Nuisance Declared —Weeds and Other Flammable Materials to weeds, growing or located upon streets, sidewalks or private property are hereby declared to be a public nuisance For the purposes of this chapter, "weeds" shall include he following_ Weeds which bear seeds of a downy or wingy nature. 1. Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become. when dry, a fire menace to adjacent improved property. Weeds which are otherwise noxious or dangerous. t. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace the The public health. Dry grass, stubble, brush, fitter, or other flammable material which endangers the public safety by creating a fire hazard -in a portion of the City which has been zoned for single and multiple residence purposes. National Cih, Municipal Code 1.36.010 Public Nuisance Defined Public Nuisance" means any condition defined or declared to be a public nuisance in any section of this code, and/or and condition caused, maintained or permitted to exist ihich constitutes a threat to the public's health, safety and welfare or which significantly obstructs, iniures or interferes with the reasonable of free use of property in a cighborhood, community or to any considerable number of persons. A public nuisance also has the same meaning as set forth in California Civil Code Section 3479. National City Municipal Code 1.36.060 Abatement— Appeal- Hearing Vithin ten (10) days from the date of posting, malting or personal service of the required notice, the owncr or person occupying or controlling such lot or premises affected lay appeal to the City Council. Such appeal shall be in waiting and shall he filed with the City Clerk. f you should have any questions, please feel free to call Ibis number: 1-866-779-3774 ed tienealguua pregunta, por favor (tame al numero: 1-866-779-3774 ;irnang katanungaa, tumawag tang po sa numerong ito: 1-866-779-3774 inccrely yours in public safety, -866-779-3774 ext. 311 or http:/ffareprevention.net he Prevention Services*** "You have the right to appeal this matter to the City Council within ten (10) days of the receipt of this notice. The appeal shall be in writing and tiled with the City -Clerk; (NCMC 1.36.050) **"Fire Prevention Services, Inc_ is under contract with the City of National City. a�: CITY Ail weeds, growing or to the following ri IENT 140 E. 12th St. t Suite A . "1 ATI©NAL CI'1 Y CA. 91950-4596 FINAL NOTICE TO ABATE. PUBLIC NUISANCE r: Wallace Grace R nuuress: 2613 E l6th St Date: 2/23/2010 National City, CA 91950 Parcel Number 558132 19 00 Location of Public Nuisance: 2613 E I6th St National City 91950 Instructions for Abatement: Please remove any tree branches and/or vegetation existing upon or touching rooftop.(Shed in backyard) Please remove "any and all" combustible materials, discarded furniture and appliances, trash, piles of debris from entire property. You are hereby directed Io abate the public nuisance described above, of which you are the occupant or owner. within ten (10) days of 2I23/2010. **Your failiuc to comply with this order will result in you being charged the administrative fee and the City having your property cleaned by the City's contractor at your expense (per National City Municipal Code Chapter 1.36). A $350 00 administrative fee will be charged in addition to the contractor's fees to dean the property (per Resolution number 94-97). Violations are also subject to prosecution as misdemeanors_ Guideliiieslror The Abatement of Flammable Vegetation For the protection of life and property, remove all brush, flammable vegetation, or combustible growth which is located from thirty (30) feet to one hundred (100) feet from such a building or structure or to the property line, whichever is nearer, or as required by the Fire Department, including the maintenance of grass and other vegetation more than thirty (30) from such budding or structure.. Cuttings are, to be removed from the property and disposed of property. Vegetation is to be cut within Iwo (2) inches of the ground. "NOTICE REGARDING RARE, THREATENED OR ENDANGERED SPECIES" If you have previously received a notice from the California Department of Fish and Game or the`LI S. Fish and Wildlife Services that rare, threatened or endangered species of fish or wildlife have occurred on your property in the areas identified for fuel break clearance, YOU MUST NOTIFY BOTH AGENCIES AND THE NATIONAL CiTY FIRE DEPARTMENT IN WRITING AT LEAST TEN (10) DAYS PRIOR TO BEGINNING VEGETATION CLEARING. IF THESE AGENCIES FAR. TO OBJECT OR NOTIFY YOLI OF ANY ALTERNATIVE PROCEDURES WITHIN "( HOSE TEN (10) DAYS, YOU MAY THEN PROCEED TO CLEAR VEGETATION AS DIRECTED BY THIS NOTICE. Failure to provide notification to these agencies may render you liable under Federal or State Law in penalties. National City Municipal Code 9.12.010 Public Nuisance Declared --in General Any of the following conditions are hereby declared to constitute a public Nuisance: A. When the Fire Chief or his/her designee determines that there exists in any building or on any premises combustible, hazardous or explosive materials or: dangerous aecumulations of rubbish; or unnecessary accumulations of wastepaper, boxes, shavings, or any highly flammable materials which are so situated as to endanger aperty: or finds obstructions to or on fireeseapes, stairs, passageways,. doors or windows that reasonably tend to interfere with the operations of the fire department ress of the occupants of such building of premises; or finds that the effectiveness of any exit door, attic separation or any fire separation wall is redirect or finds t, trovision of the Uniform Fire Code is being violated. B. When the Fire Chiefor his/her designee deems ally chimney, smokestack, stove, oven. incinerator, -furnace or other heating device, electric fixture or any appurtenance thereto, or anything regulated under a"nationally recognized standard in or upon any building, structure or premises not specifically mentioned in the Uniform Fire Code, to be defective or unsafe so as to create a hazard: C. When the Fire Chief or his/her designee finds any conditninwhich in his/her Judgment increases or may cause an increase of the hazard or menace of fire to a greater degree that eustomar'ity recognized as normal by persons in the public service` regularly engaged in preventing, suppressing or extinguishing fire or any thing or act which may obstruct, delay, hinder or interfere with the operations of the fire department or the egress of occupants m the event of fire National City Municipal Code 9.12.020 Public Nuisance Declared —Weeds and Other Flammable Materials d upon streets, sidewalks or private property are hereby declared to be a public nuisance For the purposes of this chapter, "weeds" shall include A. Weeds which bear seeds of a' downy or wingy nature. B. Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a tire menace to adjacent jruptured property. C. Weeds which are otherwise noxious or dangerous. D. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace the the, public health. E. DrY grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard in a portion of the City which has been zoned for single and multiple residence purposes. National City Municipal Code 1.36.010 Public Nuisance Defined "Public Nuisance" means any condition defined or declared to be a public nuisance in any section of this code, and/or and condition caused, maintained or permitted to exist which constitutes a threat to the public's health, safety and welfare or which significantly obstructs, injures or interferes with the reasonable of free use of property in a neighborhood, community or to any considerable number of persons. A public nuisance also has the same meaning as set forth in California Civil Code Section 3479 National City Municipal Code 1.36.060 Abatement— Appeal —Hearing Within ten (10) days from die date of posting, mailing or personal service of the required notice, the owner or person occupying or controlling such lot or premises affected may appeal to the City Council Such appeal shall be in writing and shall be filed with the City. Clerk. If you should have any questions, please feel free to call this uumber: 1-866-779 3774 Si usted tienealguna pregunta, par favor flame al numero: 1-866 779-3774 Sa anumang katanungan, tumawag lang po sa numerong ito: 1-866-779-3774 nurs in public safety, **You have the right to appeal this matter to the City Council within ten (10) days of the receipt of this notice. 1-866-779-3774 est. 311 or hop://fireprevention.net The appeal s;rall be in writing and filed with the City Clerk. (NCMC 1.36.050) ***Eire Prevention Services, Inc. is under contract with the City of National City. Fire Prevention Services*** rev. 03/27/06, O4i _4/06, 06/21/06 N NATIONAL CITY FIRE DEPT. 3 1243 National City Boulevard NATIONAL CITY, CA 91950-4596 N! Jr: Wallace Grace R ress: 2613-E 16th St Dat National City, CA 91950 TIP!' Lt+4° '. 'rf lveey.d visit nark NA 1 C1`fl CA rs-. 1 3G n1 r A tA7F s in CI a ufa�m Fiux:espt Fne....,,.?V (fi?�("rxernolaF Fiatfu�¢8t3J, __ c ttaateVC�r ��8v ry "'ee mm $0 00 0 QE:rt kGraHrr n(FlHamPat� tr 55813219`00 n, -F"". "' Wallace Grace R 2613 E 16th St �^ '' '` National City CA 91950 7009 0960 0000 5257"3197 Parcel Numb /2010 pion of Public Nuisance: 2613 E 16th St lgatiotal City 91950 R' TIJR rctions for Abatement: Please remove any tree branches and/or vegetation ea L - - -- ^ r.. .. �..1..._)I I _...�. L....i:LI.. .� • ..SPr l .urwa r U...., �_ _=._• a—......=twr` it' "Iltdirfrl,'1Ilf,��l U/ATW STA1ff POl1AGSSRVICF 411111111111111(1111).111 U.S. POSTAGE PAID EL CAJON.CA 92020 FEB '23.'10 AMOUNT $551 333 E. 16th St. : NATIONAL CITY, CA. 91050-4596 Authorization i12289 Owner:' Wallace Grace R Address: 2613 E 16th St National City, CA 91950 Parcel #558 132 19 00 Authorized by: SIgtiatit b°Iocation2613 E 16th StNational City 91950 Date: - ' C.G' WHEN SIGNED THIS DOCUMENTALL , S RIGHT OF PASSAGE ONTO PRIVATE PROPERTY FOR TIIE PURPOSE OF FIRE VIOLATION/ PUBLIC NUISANCE REDUCTION OR REMOVAL. METI-IOD OF CLEARING Entire Parcel Fire Break Hand Cutting: ) sq. ft. Removal: 70 Tractor Mowing sq. #t. Discing: cu. yds. sq. ft. rew Type: Type: Type: Type: CREW INFORMATION Date Notes: Please remove any tree branches and/or vegetation existing upon or touching rooftop.(Shed in backyard) Please remove "any and all" combustible materials, discarded furniture and appliances, trash. piles of debris from entire property. ,41 SAN:DIEGO COUNTY A$ sSOR'G MAP BOOK 35B PAGE 13 Q` Z Q 0 Z 4 o_2e Y QED `! „r28 c 32 20 p' 33 aDcr` ()SEC 10 6" ST THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. ASSESSOR'S PARCELS ` MAY NOT COMPLY WITH LOCAL SUBDMSION OR BUILDING ORDINANCES. ELKOLD NEW OUT MAP 2662—RANCHO TERRACE NO 1 MAP 166(M815)—RANCHO DE LA NACION, In 0 Troctor-$q •YYV{K"clonq. 'rota! Rariivvai C� ; ',t_� `�;; J d P.O. Box 1720 : El Cajon, CA 92022-1720 (619) 401-1863 : fax (619) 445-6336 http:%/fireprevention:net 9/8/2010 WallaceGrace R 2613 E 16th St National City, CA 91950 Parcel t 558 132 19 00 Location: 2613 E 16th St National City 91950 Dear Wallace Grace R, This letter is to inform you that the Public Nuisance on the above referenced property pursuant to a prior Notice to Abate and order of the City of National City. as abated Fire Prevention Services was contracts : "; the City r "'National City to help reduce Public Nuisances and potential fire violations thus improving the safety of e citizens. The abatement work on your property was performed as mandated by The National City Municipal Code Chapter 1.36, The charges thus far total $64L98. You will incur no further costs if this amount is paid within fifteen (15) days of the date of this notice. Failure to pay this bill may result in the filing of an abatement lien upon your property. Please make your check payable to Fire Prevention Services and include the Parcel # 558 132 19 00 on the check. If you have any questions please call us direct at'619-401-1863_ Sincerely, Fire Prevention Services, Inc. rcv.05/19/06 NATIONAL CITY SCHEDULE OF FEE Tractor Mowing per parcel, sized 1 to 7,500 square feet B. per parcel, sized 7.501 to 15,000 square feet C. per parcel, sized 15,001 square feet to 30,000 square feet D. ,,' :r parcel, sized 30,001 square feet to one acre E. per square foot over one acre Hand Labor A. per square foot of area abated Dozer Operation A. hourly rate B. move -on fee quantity sub total $250.00 $325.00 $400.00 $450.00 $00.02 sq. ft. $0.10 $150.00 $150.00 Debris Remediation (includes chipping, grinding, and/or shredding) A, per cubic yard of material prior to chipping, and or compacting $38.00 X 13. dump fees (reimbursement of cost) Administrative Fee (failure to comply by deadli"- A. per parcel Attorney Services A. per parcel, per hour notice) Assessment Fees (includes preparing reports, attending hearings, etc.) A. cost confirmation fee, per parcel Miscellaneous Fees Per Parcel A. B. C. D. E. F. G. H. special inspection fee abatement lien Interest on lien (apr) release of abatement lien public notary tile duplication fee unscheduled Labor per man hour unscheduled fees FILE# 2289 APN#5581321900 $200.00 $27500 $50.00 $50,00 10% $50.00 $20.00 $50.00 $50.00 (reimbursement of cost) TOTAL $ 571.98 400 sq. tt. 40.00 4.44 1 cu.yds =16&72 1326 350.00 O. Box 17'20 : El Cajon, CA 92O22.1720 (619) 401-1863 ; fax (619) 445-6336 http://firepreventiori.net Final Bill 9/22/2010 Wallace Grace R 2613 E 16th St National City, CA 91950 Ref: Parcel A 558 132 19 00 Dear Wallace Grace R, This is a reminder of the letter the sent you on 9/8/2010 and we have not received payment in the amount of $641.98 If ue do not receive payment within 10 days we will he requiredto seek appropriate action to collect these monies. This action may include filing an abatement lien on your property and forwarding this bill to our collection agency. Under state, and local law, costs for such action will be added to your total amount. Please tender a check to us immediately to avoid any further action. Make your check payable to Fire Prevention Services, Inc., and include the Parcel # 558 132 19 00 on the check. Should you need to discuss this matter you may contact us at (619) 401-1863. Sincerely, Fire Prevention Services, Inc. rev.05/1 9/06 RECORDING REQUESTED BY Fire Prevention Services, Inc, PO Box 2012 Alpine. CA 91903-2012 (619) 562-1058 fax (619) 445-6336 AND WHEN RECORDED MAIL TO Fire Prevention Services, Inc. PO Box 2012 Alpine, CA 91903-2012 IIIIYi191RR IIYItlkIIdIPdIII�IflIII�IIIIIPIVINIVIIIII OCT 08, 2010 1:54 PM OFFICIAL FIECORDS SAN DiEGO COUNTY RECORDER'S OFFICE DAVID I BUTLER. COUNTY RECORDER FEES: 0.00 PAGES: 1 • GIIilt11111111111 IIIII1i11I I111I IIIII I11111111IIHI IIIl1I11iI IIIIiIII1 I1111 I1111111 NOTICE OF ABATEMENT TO THE CURRENT OWNER OF RECORD AND ANY FUTURE OWNERS HEREIN DESCRIBED PROPERTY WI IPRE.AS it was determined that IJRCHASLRS OF TiIE violation of Chapter 1 36 of the National City MunicipalCode did exist, and WHEREAS such violation was ordered abated on 7/2012010. and WHEREAS reprezciiofth ational City Fire Department abated he violalitm(s; n 9'3/2010, yin WIILREAS the charge for such abatement amounted to $71 1.98: THEREFORE, be it known that an abatement obligation exists on the property regardless of o\tiner of the property is Wallace Grace R at 2613 F 16th St. National City. CA 91950 described as folio APN 4 558 13'2 19 00 ADDRESS: 2613 E 16th St National Ciiv 91950 . EGAL DESCRIPTION: Rancho Terrace 4 1 I of 41 This abatement obligation shall attach to the property, not a special assessment on the property tax bill. If not paid pursuant satisfy that obligation. The amount of such claim shall be S 711.98 11111 g does not preclude the filing of legal action for collection. reasonable legal fees will be incurred and added to said obligation DATED: October 8, 2010 State of C'alifornia County of San Diego )SS. } nail paid. The current the owner, and after confirmation by the City Council shall become to State Law and State Tax Lien Law, the property may he sold to plus interest and other costs which may hereafter become due. "this Should such actions be required or determined to be appropriate, BY: Ken Osborn, Fire Prevention Services, Inc., Designee for National City Fire Department Certificate Of Acknowledgement On October 8 2010 before me, Michelle D. Higgins. Notary Public, personally appeared Ken Osborn, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is'are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his:'her:their authorized capacity( ies), and that by hisher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) raged, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. >.1 o: t COMM.Itt9001512 z Notary Public - California o San Diego County -- Cairn. Expires' .�,21, 2014 (Seal) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 21, 2011 AGENDA ITEM NO. 21 :M TITLE: Resolution of the City Council of the City of National City adopting a Budget for the 2011-2012 Fiscal Year. PREPARED BY: Leslie Deese, Asst. City Manager DEPARTMENT: City Manager PHONE: 336-4240 APPROVED BY: EXPLANATION: On June 7, 2011, the City Council considered the City's Preliminary Budget for Fiscal Year 2011-2012 as presented and recommended by the City Manager. The City Manager was directed by the City Council to prepare a final budget for adoption which incorporates all budget modifications approved by the City Council. California State Law requires the Budget be adopted before the start of the new fiscal year on July 1. The preliminary budget will also be available on the City's website by July 1, 2011. This action formally adopts the Preliminary Budget for Fiscal Year 2011-2012. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Final Budget for Fiscal Year 2010-2011. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Resolution 5. Expenditure Summary 2. City Manager's Preliminary Budget Memo - FY 2011-12 6. Fund Transfer Detail 3. Budget Analysis, by Fund, All funds 7. Summary of authorized positions, by Fund 4. Estimated Financing Sources Summary, by Funds & Source RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING A BUDGET FOR THE 2011-2012 FISCAL YEAR WHEREAS, the City Manager on June 7, 2011, submitted to the City Council a Recommended Budget for the 2011-2012 fiscal year, and said budget has been discussed and deliberated in public session. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the budget for the fiscal year beginning July 1, 2011, with City expenditures totaling $114,547,714 is hereby approved, adopted, and appropriated. BE IT FURTHER RESOLVED that the fund appropriations set forth in the Projected Expenditures column of Attachment "1" shall be the maximum expenditures authorized for those funds. The City Manager is hereby authorized to make budgetary revisions within and between budget line items within a fund. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to transfer monies up to the maximum set forth in the Transfers column in Attachment "1". BE IT FURTHER RESOLVED that the City Council does hereby authorize and approve the number and classification of employees in the respective functions, departments, and/or activities as set forth in the fiscal year 2011-2012 budget. PASSED and ADOPTED this 21 st day of June, 2011. Ron Morrison, Mayor ATTEST: Mike Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney June 2, 2011 TO Honorable Mayor and Members of the City Council FROM City Manager"______ SUBJECT : PRELIMINARY BUDGET FY 2011-2012 Submitted herewith is the Preliminary Municipal Budget for Fiscal Year 2011-12 which totals $114.5 million. The preliminary budget is organized as follows: 1. Financial and Personnel Summaries: Includes financial information on projected revenues, expenditures, fund balances, personnel, and a summary of funds. 2. Department Operating Budgets: Operating department sections include personnel and account summaries. 3. Capital Improvement Program: Includes a proposed $31.5 million in capital projects for the upcoming fiscal year and a five-year period, along with detailed descriptions of capital improvement projects. There are no capital projects being funded out of the General Fund. ECONOMIC OVERVIEW National City is entering its fifth consecutive year of the national economic downturn. As the nation, state and region emerge from one of the worst economic recessions since the 1920's, recovery has been slow at best. With national unemployment at 8.8%, and California's unemployment rate at 12%, most economists believe that there will not be any significant economic recovery unless national unemployment falls below 7% and California's unemployment falls below 8%. It is very likely that economic growth will remain below 2% for at least the next several years. The impact of the recession and the rather slow recovery continue to have an effect on National City. We expect the slower recovery to continue with some modest gains in property and sales taxes. Office of the City Manager 1243 National City Boulevard, National City, CA 91950-4301 619/336-4240 Fax 619/336-4327 www.nationalcityca.gov Email cmo@nationalcityca.gov The State of California's fiscal status continues to be bleak. The State continues to wrestle with a structural deficit estimated at $25 billion. The Legislature has already approved $12 billion in expenditure cuts for FY 2011-12. The fate of redevelopment agencies is still very much in question. The possible implications of the State budget plans may have an impact on National City's budget. The Governor's revised budget proposes to eliminate many funds designated for local government, such as the Community Oriented Policing Services (COPS) program, public safety grants, booking fees and libraries. The issue for cities, of course, is what other local govemment allocations are, or will be, in jeopardy if more funds are needed. Funds that have been spared so far could also be -at risk. Finally, the question on the elimination of Enterprise Zones will have an impact on the City's ability to retain businesses and attract employers that are seeking new sites. RESERVE POLICY The City's Reserve Policy was implemented in the 1985-86 fiscal year. The policy established specific reserve guidelines to strengthen the City's ability to withstand unexpected financial emergencies or unanticipated expenditures and to accumulate funds for large-scale purchases. An amount of up to $1.3 million of contingency reserves is proposed to balance the FY 2011-12 Budget. This trend is one that should concern the City Council as reserves are dwindling from a high of $9 million in FY 2007-08 to a projected amount of $4.8 million at the conclusion of the upcoming fiscal year. GENERAL FUND FINANCING AND EXPENDITURE SUMMARY Since the General Fund pays for the majority of operating expenses, analysis of revenue and expenditures will focus on that fund. Most of the revenue in the other funds is either from grants, other one-time funds, or funds which are restricted by use. REVENUE Total revenue for the General Fund is estimated at approximately $35.7 million, including transfers from other funds. As a comparison, the FY 2011-12 estimates are 4% less than revenue estimates in the FY 2010-11 Budget. The Bradley Bums sales tax revenues are estimated at $9.4 million which reflects a 2.98% increase from FY 2010-11 estimates. District sales tax revenues are estimated at $8.5 million, which reflects an 8.35% increase from FY 2010-11 estimates. This is an extremely positive trend as all Page 2 full years of this temporary revenue stream have been within the $7 to $9 million dollars projections made to National City voters. Even with the increase in some revenues and some faint signs that the local economy is starting to move in a positive direction, it will not be sufficient to erase the $2.6 million structural deficit the City is facing in the General Fund. EXPENDITURES Overall expenditures in the General Fund are budgeted at $38.3 million, which is 1 % more than FY 2010-11. There are expenditures that are outside the City's control that have increased the cost of conducting City business. Utility costs and gasoline prices have increased but appear to be stabilizing; CaIPERS contributions have increased by 4.75% for safety employees and 1.4% for miscellaneous employees. The FY 2011-12 Preliminary Budget contains 55 fewer positions than we had a year ago. These positions are being dropped from the department budgets rather than being carried as unfunded. As a result, I will be proposing a reorganization that will reflect the loss of these positions and which aligns with current City Council priorities. CONCLUSION The City's budget plan is to provide municipal services within the resources that are available both in terms of money and personnel. The Preliminary Budget for 2011-12 totals just over $114 million which covers the enterprise funds, housing programs, capital improvement projects, community development, and bond funds. The importance of the Bradley Burns sales tax and the District tax revenues is that they are the two primary resources that fund City services which account for roughly 50% of the total General Fund revenues the City receives annually. The City of National City and the Community Development Commission are maintaining bond ratings of A and A -minus. National City is also aggressively recruiting major retail tenants to fill big box vacancies caused by the national recession. This revenue and economic activity are essential to balance our budget. This ongoing revenue will serve the City well in striving to maintain the highest service levels possible during these tough economic times. However, the City will need to exercise vigilance in its approach to the future and beyond FY 2011-12 as this is in most cases revenue that we are recapturing rather than net new revenue. Page 3 The City Council and City staff has actively sought ways to maintain City services with fewer resources over the past four years. Each year, the employees have risen to the occasion and found innovative approaches to maintain the organization's professional and responsiveness to the needs of the community. This could not be accomplished without the continued support and direction of the City Council. The development of this year's Budget could not have happened without a concerted team effort led by Assistant City Manager Leslie Deese, Tess Limfueco, Brad Raulston, Hermi Oliveria. On behalf of all the City employees, we look forward to providing the service levels funded in the Preliminary Budget for FY 2011-12. Page 4 CITY OF NATIONAL CITY BUDGET ANALYSIS BY FUND, ALL FUNDS FISCAL YEAR 2011 - 2012 001 General Fund Undesignated Balance 2,413,375 34,946,015 1,077,193 1,430,884 36,910,217 95,482 Contingency Reserve 4,837,634 4,837,634 Other Reserves & Designations 3,209,581 3,209,581 Total General Fund 10,460,590 34,946,015 1,077,193 1,430,884 36,910,217 8,142,697 103 General Capital Outlay Fund 0 0 0 0 104 Library Fund 28,737 629,964 754,558 1,384,523 28,737 105 Parks Maintenance Fund 42,985 706,853 406,977 1,113,830 42,985 108 Library Capital Outlay 848,194 104,231 67,000 885,425 109 Gas Taxes Fund 281,802 1,731,426 700,000 127,226 1,186,002 110 Emergency Preparedness Fund 47,558 0 0 47,558 111 P.O.S.T Fund 0 48,100 48,100 0 115 Park & Rec Capital Outlay Fund 1,240 0 1,240 0 120 Plan Checking Revolving Fund 202,565 130,000 130,000 202,565 125 Sewer Service Fund 2,813,630 7,232,261 8,617,548 1,428,343 130 EMT-D Revolving Fund 230,514 296,857 352,214 175,157 131 Asset Forfeiture Fund 555,873 59,963 0 615,836 145 Juvenile Education 2,343 0 2,343 0 154 State Public Library Fund 94,247 11,358 48,977 56,628 159 General Plan Update Reserve 190,714 0 0 190,714 166 Nutrition Center 171,224 494,340 269,349 763,689 171,224 171 Library School District Contract 143,275 17,740 17,821 143,194 172 Trash Rate Stabilization Fund 353,910 144,500 89,028 409,382 189 Civic Center Refurbishing 1,225,716 17,867 0 1,243,583 190 30th Street Cleanup Fund - 1303 298,895 1,500 0 300,395 191 STOP Project 43,143 55,000 34,875 63,268 198 Property Evidence Seizure 34,887 0 34,687 0 200 30th Street Cleanup - 1304 751,832 2,000 0 753,832 201 NCJPFA Debt Service Fund 685 487,450 487,450 685 208 Supp. Law Enforcement Svcs Fund 228,298 0 0 228,298 211 Security & Alarm Regulation Fund 967 6,000 52,757 (45,790) 212 Personnel Compensation Fund 1,605,281 356,900 356,900 1,605,281 241 National City Library State Grant 19,506 169 0 19,675 242 N. City Library Matching Fund 118,904 1,000 0 119,904 246 Wings Grant 31,930 979,698 1,073,327 (61,699) 253 Recreational Activities Fund 79,833 15,000 0 94,833 259 Library Bonds Debt Service Fund 636,207 399,500 399,500 636,207 261 CDC Debt Service Fund 2,520,177 11,644,497 1,008,485 4,200,000 8,328,561 2,644,598 270 Nuisance Abatement Fund 16,965 0 16,965 277 NC Public Library Donations Fund 235,097 0 19,815 215,282 282 Reimbursable Grants 58,560 0 0 58,560 290 Police Department Grants (186,192) 236,139 236,150 (186,203) 296 Engineering Dept Grants 9,767 0 0 9,767 301 Grant-C.D.B.G 465,025 1,463,226 127,193 1,277,218 523,840 307 Proposition "A" Fund (2,309,518) 697,765 586,928 (2,198,681) 308 Grant -Highway Bridge Rehab 592,549 0 0 592,549 312 STP Local/Transnet Highway (334,905) 0 0 (334,905) 313 Grant-CMAQ 1,929 0 0 1,929 314 OTS Grant 771 0 0 771 320 Library Grants 96,234 0 0 96,234 321 Smart Growth Incentive 0 0 0 0 323 Safe Routes to Schools (8,593) 0 0 (8,593) 325 Development Impact Fees 1,191,551 36,000 200,000 1,027,551 326 Transportation Impact Fee Fund 13,016 21,000 0 34,016 343 State -Local Partnership 27,124 500 0 27,624 345 Traffic Congestion Relief 0 0 0 0 346 Prop 1B 132,874 0 25,695 107,179 348 State Grant 352,543 0 0 352,543 363 Security & Alarm Regulation Fund 35,973 0 0 35,973 402 800 MHZ Project 102,893 0 0 102,893 502 Section 8 2,995,159 9,196,000 9,439,633 2,751,526 505 HOME Program 24,804 596,954 179,215 442,543 506 HUD Program Income 842,498 7,200 546,413 303,285 S BUDGET ANALYSIS BY FUND, ALL FUNDS FISCAL YEAR 2011 - 2012 511 Tax Increment Fund 522 Low & Moderate Income Housing 524 2011 TAB - Capital Improvement 525 2011 TAB - Housing 626 Facilities Maintenance Fund 627 Liability Insurance Fund 628 General Services Fund 629 Information Systems Maintenance 630 Office Equipment Depreciation 631 Telecommunications Revolving 632 General Accounting Services 643 Motor Vehicle Svc Fund 644 Equipment Replacement Reserve 721 Library Trust Fund 731 Construction & Demolition Debris 442,114 8,882,644 15,000,000 15,000,000 (697,443) 591,624 257,633 521,946 985,924 266,889 346,055 1,565,208 221,458 49,406 54,498 136,488 2,966,657 0 0 2,730,168 2,867,866 0 1,463,951 0 0 1,144,847 1,350,030 0 0 0 4,200,000 1,008,485 250,000 4,176,245 2,108,920 10,350,000 15,000,000 2,720,486 2,636,668 0 1,938,935 0 0 1,242,297 1,421,084 0 0 0 602,357 8,731,896 4,650,000 0 (687,761) 822,822 7,633 46,962 985,924 266,889 248,606 1,494,155 221,458 49,406 54,498 Total All Funds 71,920,913 85,434,981 7,716,562 7,716,562 114,547,714 42,808,180 CITY OF NATIONAL CITY ESTIMATED FINANCING SOURCES SUMMARY BY FUND AND SOURCE FISCAL YEAR 2011-2012 1001 GENERAL FUND s 001-00000 Taxes: 3000 Current Year -Secured 3001 3002 3003 3006 3007 Current Year -Unsecured Supplemental Roll Prior Year -Secured & Unsecured Interest, Penalties & Delinq. Mile Of Cars Spec. Assessment TOTAL PROPERTY TAXES 3009 Property Taxes Allocated NET GENERAL FUND PROPERTY TAXES 3010 Sales & Use Taxes 3011 Property Tax: In Lieu Of Sales Tax 3012 Property Tax: In Lieu of VLF 3013 NC Downtown Prop Bus Imp Dist 3014 PROP 172-PS Sales Tax 3015 District Transaction & Use Tax 3016 Ab1290 Property Tax Pass -Through Payment 3018 US Fish & Wildlife in Lieu of Property Tax 3020 Transient Lodging Tax 3030 Cable TV Franchise 3031 Electric Franchise 3032 Gas Franchise 3033 Refuse Franchise 3040 Business License Tax 3041 Residential Rental Fee 3042 Paratransit Fees SUBTOTAL 001-00000 Use Of Money and Property: 3300 Investment Earnings 334,282 520,000 263,000 369,900 3312 Rental 40,392 40,392 47,124 40,392 3314 Rental -Land 31,907 283,499 335,306 266,372 I- 3326 Lease -Old National City Library 57,551 71,100 83,468 70,220 SUBTOTAL 464,132 914,991 728,898 746,884 1001-00000Inter-Governmental Revenue: j 3400 State Motor Vehicle In Lieu 188,659 168,998 140,204 150,000 3420 State Hoptr 16,032 16,350 4,858 5,000 3452 Mandated Cost Reimbursement 16,080 - 30,000 10,000 3455 CDC Contribution 320,000 320,000 320,000 320,000 3470 County Grants - - 3472 Port Of San Dino - 15,000 - - i SUBTOTAL 571,308 520,348 495,062 485,000 2,389,638 54,719 167,630 5,700 7,753 (53,216) 2,572,224 (949,195) 1,623,029 8,662,889 2,307,135 4,993,042 (358) 2,680,729 2,640,989 53,000 68,447 150,000 77,997 4,638 4,140 44,519 - 2,883,729 2,840,730 2,865,280 (1,311,048) (1,269,349) (1,328,037) 1,572,681 1,571,381 1,537,243 9,176,250 9,281,678 9,449,369 3,058,750 3,024,675 3,235,456 4,643,529 4,927,932 4,872,739 130,622 7,902,964 7,844,000 8,320,000 8,499,000 281,843 705,538 385,522 289,983 1,285 - - 725,901 707,892 734,671 733,091 601,669 390,100 421,129 412,960 670,496 546,900 689,470 710,154 78,185 120,900 81,838 80,012 420,042 440,000 410,046 410,000 575,188 548,580 591,968 545,000 159,944 130,000 150,501 150,500 4,100 4,500 - 4,000 2,710,280 75,000 80,000 29,007,354 29,889,620 30,590,811 31,060,129 001-00000 Other: 3586 Photocopy Sales 44 250 50 3604 Sales Of Miscellaneous Property 23,289 - - 3634 Misc. Revenue 9,351 33,402 5,000 3636 Refunds & Reimbursements 140,715 2,500 144,340 2,500 3637 Donations 1,200 - 3643 Insurance Settlements 3999 Transfers From Other Funds SUBTOTAL 16,371 - 3,047,886 3,463,960 3,463,960 1,077,193 3,238,856 3,466,460 3,641,952 1,084,743 CITY OF NATIONAL CITY ESTIMATED FINANCING SOURCES SUMMARY BY FUND AND SOURCE FISCAL YEAR 2011-2012 001-01001 City Council Operations: 001-02000 City Clerk Operations: 3529 Sales Of Misc. Publications 3585 Misc. User Charges 3634 Misc. Revenue SUBTOTAL 70 500 4,228 500 70 500 4,248 500 20 001-04045 Finance Accounting: 3146 Parking District Permit 2,397 2,800 3,675 3585 Misc. User Charges 319 - 78 - SUBTOTAL 2,716 - 2,878 33 675 { 1 001-04046 Finance Revenue: 3101 Administrative Fees 15,563 - 10,570 10,000 3141 Garage Sale Permits 2,560 2,509 2,720 2,473 3585 Misc. User Charges - 500 - - 3589 Returned Check Charges 430 690 910 538 3631 Cash Over/Short 109 - (42) - SUBTOTAL 18062 6,299 14,158 13,011 001-04049 Finance Fiscal Services: 3201 Parking Citations (245) SUBTOTAL 1_245) 001-06000 Planning Operations: 3143 Home Occupation Permits 2,860 4,992 3,300 3,300 3502 Conditional Use Permit 52,332 37,364 39,450 3503 G.P./S.P. Changes 14,038 59,280 - 3504 Interpretations/Determinations - 22,620 11,600 3506 Planned Development Permit 7,812 11,544 5,918 3508 Request Initiate GP/SP Change - 3,900 - 3509 Street Vacations 3,120 4,040 1,010 3510 Tentative Parcel Map 3,696 3,900 3,250 6,500 3511 Tentative Subdivision Map 8,273 10,920 4,970 4,970 3512 Zone Change Permit 7,332 10,920 - - 3513 Zone Variance Permit 1,761 4,368 4,010 6,015 3514 Day Care Center 930 1,560 310 620 3521 Coastal Development Permit 5,746 5,616 2,485 3529 Sales Of Misc. Publications 107 156 3530 Appeal Fee 500 - 3531 Certificate Of Compliance 390 672 3532 Banners/Signs - Processing Fee 240 234 640 600 3546 Prelim Site Plan Review - - 1 3581 Environmental Assessment Form 3,849 4,680 3,635 i 3584 Substantial Conformance 780 2,830 3585 Misc. User Charges 1,139 7,044 - 3588 Zoning/Rebuild Letter 750 780 451 750 3634 Misc. Revenue - - 5,748 - SUBTOTAL 111,365 149,760 71,127 90,355 , 001-06028 Building & Safety: ' 3120 Building Permits 335,656 316,250 334,306 252,00C 3545 Plan Checking Fee 303 36,000 3552 Construction & Demolition - - 7,670 3585 Misc. User Charges 3,202 - 9,390 - SUBTOTAL 339,161 316,250 343,696 295,670 CITY OF NATIONAL CITY ESTIMATED FINANCING SOURCES SUMMARY BY FUND AND SOURCE FISCAL YEAR 2011-2012 001-06029 Engineering 3130 Street & Curbs Permits 3142 Grading Permits 3144 House Moving Permits 3146 Parking District Permits 3147 Miscellaneous Permits 3160 Miscellaneous Permits 3528 Sales of Plans & Specifications 3547 Storm Water Mgt Fee 3585 Misc. User Charges 3634 Miisc. Revenue 3800 Trust & Ac,�en SUBTOTAL 7,350 7,350 4,410 3,675 258 51,450 50 - 7,350 - 9,585 4,410 9,400 3,675 10,114 j50) - 326 9,843 89,670 95,922 4,752 4,455 11,880 9,900 15,040 5,000 3,000 952 1,585 38,684 50,000 4,774 - 4,000 4,000 81,940 ;001-11000 Police: 3100 Animal Licenses 8,788 12,000 8,268 8,000 3200 Vehicle Code Fines 188,122 160,000 172,666 160,000 3201 Parking Citations 383,369 265,600 405,441 405,000 3203 Parking Cite Admin Fee 6,035 1,800 9,210 5,000 3220 Other Forfeits & Penalties 5,752 9,000 2,592 5,000 3533 Booking Fees 10,464 10,000 8,416 8,500 3537 Misc. Police Services (42,936) 3,000 2,604 3,000 3548 Animal Control Revenues 25 300 - 100 3550 Vehicle Impound Fees 12,650 7,000 10,600 7,000 3551 Administrative Impound Fee 42,680 35,000 37,400 35,000 3556 Police & Fire Svcs - Port Of San Diego 541,513 563,228 563,228 586,606 3558 Tow/Impound Referral Fees 38,955 44,500 29,680 29,680 3586 Photocopy Sales 11,544 10,000 10,034 9,500 3636 Refunds & Reimbursements 8,785 200 - 3637 Donations 20 - - 3467 NSD Contract Reimbursement - - 60,000 3467 SUHS Contract Reimbursement SUBTOTAL 001-12000 Fire: 3034 Franchise - AMR 3322 AMR Lease - Fire Station 50,510 3553 Fire Permit Review Fee - - 2,094 80,000 1,215,766 1,121,628 1,260,139 1,402,386 SUBTOTAL 50 510 - 2,094 001-12124 Fire Prevention: 3121 Uniform Fire Code Permits 3122 Storage Tank Permits 3541 Plan Review Fire Systems 3542 Abandoned Vehicle Abatement 3553 Fire Permit Review Fee 3561 Weed Abatement SUBTOTAL 400 1,500 - 500� 412 300 - 200! 7,370 8,100 11,191 8,100 592 2,900 - 46,612 46,350 53,936 45,000 19,820 - 1,686 75,206 56,990 69,713 53,800 001-12125 Fire Operations: ` 3202 False Alarm Fines 2,910 5,000 40,394 20,000 3322 AMR Lease - Fire Station 51,200 56,868 57,320 3544 Misc. Fire Services 29,533 70,000 42,232 35,000 3545 Plan Checking Fee - - 3555 Fire Prot Svcs -Lower Sweetwater 132,931 176,424 846,335 210,000 3556 Police & Fire Svcs - Port Of San Diego 186,929 194,425 194,424 202,494 I CITY OF NATIONAL CITY ESTIMATED FINANCING SOURCES SUMMARY BY FUND AND SOURCE FISCAL YEAR 2011-2012 3636 Refunds & Reimbursements 36,419 108,228 40,000 3637 Donations SUBTOTAL 388,722 497,049 1,288,481 564,814 :001-14000 Risk Management: 3632 Comp Insurance Reimbursement 3633 Insurance - CDC SUBTOTAL ;001-21000 Engineering Operations: 3130 Street & Curb Permits 3142 Grading Permits 3146 Parking District Permit 3144 House Moving Permits 3147 Miscellaneous Permits 3160 Utility Company Permits 3528 Sale Of Plans & Specifications 3547 Storm Water Mgt Fee (Npdes) 3585 Misc. User Charges 3634 Misc. Revenue SUBTOTAL 83,866 126,185 20,000 19,540 25,000 28,224 95,000 95,000 - 154,409 115,000 114,540 25,000 5,407 1,338 8,590 - 6,787 17,286 5,919 4,235 - 34,304 - 001-22000 Public Works Operations: 3475 Tonnage Diversion Grant 3630 Accident Damages 3634 Misc. Revenue SUBTOTAL 001-22221 Public Works Streets: ' 3634 Misc. Revenue SUBTOTAL 001-22223 Public Works Facilities: 3313 Rental -Kimball 3315 Rental -Other City Property 3318 Vending Machine Revenue 3634 Misc. Revenue SUBTOTAL 1001-41000 Recreation Operations 3317 Rental -Las Palmas Golf Course 3572 Misc. Recreation Charges 3574 Swimming Pool Revenue 3570 Ceramics 3637 Donations - Portillo Comm Ctr SUBTOTAL 1001-42000 Parks Operations 3590 Street Tree Fees 3585 Misc. User Charges ----- -- ----- ---- SUBTOTAL '104 LIBRARY FUND 3009 Property Taxes Allocated 3420 State HOPTR 3999 Transfers From Other Funds 19,398 30,000 25,865 25,000 140 - 19,398 30,000 26,005 25,0001 700 726 700 726 2,400 2,400 1,099 2,400 2 826 900 900 500I 3,228 3,300 1,999 2,900 93,599 22,091 615 82,000 68,963 5,000 5,000 82,000 5,000 7,205 - 500 125,954 87,000 75,123 87,00_1 E 650 500 130 400 7,231 5,258 - { 7,881 500 5,388 400 632,544 6,172 688,326 605,519 6,600 819,208 624,321 1,870 819.208 i 623,364 6,600 754.558 t 7.4o CITY OF NATIONAL CITY ESTIMATED FINANCING SOURCES SUMMARY BY FUND AND SOURCE FISCAL YEAR 2011-2012 105 PARKS MAINTENANCE FUND 3000 Current Year -Secured 3009 Property Taxs Allocation 3420 State HOPTR 3999 Transfers From Other Funds 1108 LIBRARY CAPITAL OUTLAY 3050 Real Property Transfer Tax 3565 Book Fines 109 GAS TAXES FUND 3300 Investment Earnings 3410 Gas Tax 2106 3411 Gas Tax 2107 3412 Gas Tax 2107.5 3413 Gas Tax 2105 3414 R & T 7360 ,111 POST FUND 3461 P.O.S.T. 15 PARK & REC CAPITAL OUTLAY FUND 3314 Rental -Land 3470 County Grants 120 PLAN CHECKING REVOLVING 3545 Plan Checking Fee 1125 SEWER SERVICE FUND 3300 Investment Earnings 3636 Refunds & Reimbursements 3316 Rental -Sewer 3563 Sewer Service Charge 3564 Sewer Transportation Charge 3610 Sewer Connection Fees 3636 Refunds & Reimbursements 3830 Loan Repayment 1130 EMT-D REVOLVING FUND i 3034 Franchise -AMR 3441 Public Relations Revenue -AMR 3442 Equipment Replacement Revenue -AMR 3996 Penalt -AMR 1131 ASSET FORFEITURE FUND 3300 Investment Earnings 3539 Seized Assets 737,075 7,192 705,529 727,493 704,673 7,700 2,180 2,180 456,012 456,012 406,977 78,480 77,760 77,460 77,760 21,317 18,200 35,834 26,471 5,905 236,044 463,451 7,500 347,732 5,025 226,869 450,948 7,500 338,504 635,074 4,500 226,869 450,948 7,500 338,504 635.074 5,000 228,603 447,467 7,500 336,242 706,614 20,111 51,233 18,958 48,100 228,094 13,598 133,387 130,000 244,368 130,000 196,697 205 7,104,045 7,168 9,427 1,264,935 223,905 43,435 114,146 2,418 - 410 205 7,100,000 7,033,203 7,100,000 7,910 - 7,910 10,000 2,467 10,000 11,250 291,036 291,036 296,857 5,000 1,000 6,328 142,350 4,925 1,613 4,963 90,927 55,339 55,000 II CITY OF NATIONAL CITY ESTIMATED FINANCING SOURCES SUMMARY BY FUND AND SOURCE FISCAL YEAR 2011-2012 136 TINY TOT CLASSES FUND 3572 Misc. Recreation Charges 154 STATE PUBLIC LIBRARY FUND 3463 Other State Grants j158 SWIMMING POOL REVOLVING FUND 3574 Swimming Pool Revenue 1159 GENERAL PLAN UPDATE RESERVE 3999 Transfers from Other Funds 166 NUTRITION 3470 County Grants 3481 Federal Grants 3498 Federal Grants 3514 Nutrition- Program Income - Catered Meal 3515 3516 3517 3636 3999 Nutrition - Program Income Nutrition- Donation Nutrition - Income - Delivered Meals Refunds & Reimbursements Transfer From Other Funds 1171 LIBRARY SCHOOL DISTRICT CONTRACT 3467 School District Contract Reimb 172 TRASH RATE STABILIZATION FUND 3642 Rate Stabilization Receipts 173 NATIONAL SCHOOL DISTRICT CONTRACT 3467 School District Contract Reimb 174 SWEETWATER SCHOOL DISTRICT CONTRACT 3467 School District Contract Reimb 176 POLICE REIMBURSED OVERTIME FUND 3634 Misc. Revenue 1 189 CIVIC CENTER REFURBISHING 3300 Investment Earnin's day 4,280 36,821 4,300 3,120 19,000 22,982 63,926 30,800 31,858 666,667 666,667 666,667 309,148 29,225 79,199 102,940 300 23,366 237 1,716,103 337,179 310,494 11,358 331,140 36,000 47,378 48,000 96,000 106,578 96,000 24,000 22,720 19,200 366,260 366,260 269,349 17,740 17,740 17,740 17,740 41,278 21,831 95,680 146,822 144,500 41,270 61,917 19,886 19,885 17,867 CITY OF NATIONAL CITY ESTIMATED FINANCING SOURCES SUMMARY BY FUND AND SOURCE FISCAL YEAR 2011-2012 190 30TH STREET CLEANUP FUND - 1303 3300 Investment Earnings 191 STOP PROJECT 3550 Vehicle Impound Fees 1196 CAPITAL PROJECT RESERVE 3999 Transfers From Other Funds 200 30TH STREET CLEANUP FUND - 1304 3300 Investment Earnings 201 NCJPFA DEBT SERVICE FUND 3300 Investment Earnings 3456 Police Facility Lease 3,496 82,012 8,810 11 486,796 1208 SUPPLEMENTAL LAW ENFORCEMENT SVCS FUND (SLESF) 3300 Investment Earnings 3463 SLESF FY 2006-2007 211 SECURITY & ALARM REGULATION FUND 3161 Security Alarm Permits 3202 False Alarm Fines 212 PERSONNEL COMPENSATION FUND 3700 Internal Service Charges 3999 Transfers From Other Funds 230 ABANDONED VEHICLE ABATEMENT GRANT 3463 Other State Grants 241 NATIONAL CITY LIBRARY STATE GRANT 3300 Investment Earnings 3463 Other State Grants 242 N. CITY LIBRARY MATCHING FUND 3300 Investment Earnin s -44 ROBERTI-ZBERG-HARRIS BLOCK GRANT 3463 Other State Grants 4,200 1,738 356,904 49,800 55,821 85,341 85,341 7,785 493,000 15,000 2,118 4,140 2,500 2,006 356,900 356,900 926,478 1,000,000 1,993,986 68,288 1,230 13,027 205 27,464 55 55,000 2,000 487,450 4,000 356,900 169 13 CITY OF NATIONAL CITY ESTIMATED FINANCING SOURCES SUMMARY BY FUND AND SOURCE FISCAL YEAR 2011-2012 246 WINGS GRANT 3463 Other State Grants 3.6 250 NEW FIRE STATION CONSTRUCTION 3300 Investment Eamings 253 RECREATIONAL ACTIVITIES FUND 3598 Misc Recreation Revenue 259 LIBRARY BONDS DEBT SERVICE FUND 3008 Special Assessment -Go Bonds 261 CDC DEBT SERVICE FUND 3011 Tax Increment Revenue 3300 Investment Earnings 3634 Miscellaneous Revenue 3999 Transfers From Other Funds 277 NC PUBLIC LIBRARY DONATIONS FUND 3637 Donations 282 REIMBURSABLE GRANTS CITYWIDE 3498 FY08 State Homeland Security Grant-Fd 3498 FY09 State Homeland Security Grant-Pd 3470 County Grants 3498 FY09 San Diego SAFE 290 POLICE - FEDERAL GRANTS 3498 OTS DUI Enforcement-AL0817 3463 Alcohol Beverage Control 3498 Other Federal Grants 3498 Other Federal Grants 3463 Other State Grants 3463 Other State Grants 3498 3498 3498 3463 3463 3498 3463 3498 3498 Fy09 Arra Byrne Jag 2009-Sb-B9-0984 Other Federal Grants Other Federal Grants -Border Violence Project Other State Grants Other State Grants Other Federal Grants -Jag 2009 Dj-Bx-0247 Other State Grants -Avoid Dui Grant A10939 Other Federal Grants-FY10 Children Exposed Other Federal Grants 1,435,376 2,933 428,459 11,184,289 33,746 826,093 9,469 31,614 16,436 7,868 13,612 10,209 222,511 121,315 92,117 9,140 7,702 979,699 699,239 404,740 296,056 399,500 11,270,000 6,212 861,865 9,129,800 (5,063) 861,865 (8,830) 8,830 7,527 2,502 11,636,134 8,363 - l 1,008,485 3,736 8,536 17,250 16,230 16,200 147,208 106,261 50,382 17,294 7,448 81,444 48,434 OLJ CITY OF NATIONAL CITY ESTIMATED FINANCING SOURCES SUMMARY BY FUND AND SOURCE FISCAL YEAR 2011-2012 296 ENGINEERING DEPARTMENT GRANTS 3463 CIWMB-RAC Chip Seal Grant 3469 Other Local Government Grants 3463 Other State Grants 3463 Other State Grants 301 CDBG 3480 Federal Grants - CDBG 3481 Other Federal Grants 1307 PROP A FUND 3300 Investment Earnings 3466 Transactions & Use Tax '308 HIGHWAY BRIDGE REHAB FUND 3498 Other Federal Grants 312 STP LOCAL/TRANSNET HIGHWAY 3300 Investment Earnings 3498 Other Federal Grants 1314 OTS GRANT 3463 Other State Grants 0 1320 LIBRARY GRANTS 3463 Other State Grants 3463 Americorps Year 6 LSTA 3634 Misc Revenue - Americorps Year 6 LSTA 3463 Other State Grants-Americorps/Cncs Yr6 3463 Other State Grants-Americorps/Cncs Yr7 3463 Other State Grants -Wow Mobile 2009/10 3463 Other State Grants-Literac Srvcs Yr 7 181,323 817,697 14,409 14,980 1,424,740 1,424,740 7,380 1,500,000 161,000 547 1,463, 226 10,765 687,000 403,547 846,200 241,178 33,570 40,000 15,290 2,000 - 369,315 68,742 119,604 59,889 59,466 59,466 1321 SMART GROWTH INCENTIVE PROGRAM/RIP-TE FUND 3498 Other Federal Grants 323 SAFE ROUTES TO SCHOOL I 3463 Other State Grants 1325 DEVELOPMENT IMPACT FEES 3624 Dev. Impact Fees -Police 3623 Dev Impact Fees- Fire/Ems 3622 Dev Impact Fees- Library 3621 Dev Impact Fees- Parks And Rec 686,070 179,919 71,297 64,435 317,849 57,660 22,860 19,250 61,600 20,417 7,441 516 3,915 21,000 8,000 2,000 5,000 15 CITY OF NATIONAL CITY ESTIMATED FINANCING SOURCES SUMMARY BY FUND AND SOURCE FISCAL YEAR 2011-2012 326 TRANSPORTATION IMPACT FEE 3162 TDIF - SF Residential 3163 TDIF - MF Residential c-ra ���ry x5 .. na k z e�;xb�,r. i..x. 343 STATE -LOCAL PARTNERSHIP 3300 Investment Earnings sti 345 TRAFFIC CONGESTION RELIEF GRANT 3463 Other State Grants 346 PROP 1 B 3400 State Motor Vehicle in Lieu 3463 Other State Grants 348 STATE GRANT 3300 3463 3463 3469 3999 Investment Earnings Other State Grants Other State Grants Other Local Gov't Grants Transfers From Other Funds 502 SECTION 8 3300 Investment Earnings 3600 Other Revenue - Portability 80% 3614 HUD Revenue -Housing Assit Payments 3615 Administrative Fees - PD 3616 Fraud Recovery -Hap 3617 Fraud Recovery -Administrative Fees 3618 Other Revenue - Portability Admin 3619 Other Revenue - Fss Forfeiture 3634 Miscellaneous Revenue 3999 Transfers From Other Funds 343,240 192,000 14,567 18,000 16,320 16,000 1,189 3,000 1,440 514,332 951,027 2,761 338,695 454,319 1,270 50 135 86,677 7,500 8,790 - 1,286 7,231,570 8,530,464 8,530,464 2,238,301 984,000 1,001,256 55,142 3,022 55,142 - 3,022 115,498 - 19,984 73 608,152 I505 HOME 3300 Investment Earnings 3321 HILP Payments - Interest 3481 Federal Grants 3604 (Ena) Exclusive Negotiation Agreement 3634 Miscellaneous Revenue 506 HOME LOAN PROGRAM 3300 Investment Earnings 3321 Hilp Payments - Interest 3589 Returned Check Charges 3634 Miscellaneous Revenue 3636 Refunds & Reimbursements 15,270 64,518 631,387 13,943 4,623 4,700 90 290 100 166 15 636,617 64,143 (3,009) 500 8,280,000 900,000 8,000 8,000 35,983 61,648 560,971 15,000 (2,239) 2,500 2,950 4,700 CITY OF NATIONAL CITY ESTIMATED FINANCING SOURCES SUMMARY BY FUND AND SOURCE FISCAL YEAR 2011-2012 511 TAX INCREMENT FUND 3300 Investment Earnings 3309 Rental Property Income 3321 Loan Interest 3463 Other State Grants 3498 Other Federal Grants 3634 Miscellaneous Revenue 3636 Refunds & Reimbursements 3999 Transfers From Other Funds 3569 Housing Inspections 3498 Other Federal Grants 3636 Refunds & Reimbursements - Redevelop 3636 Refunds & Reimbursements - Hsg & Grants 3463 Other State Grants 3569 Housing Inspections 3463 Other State Grants - HPRP 522 LOW AND MODERATE INCOME HOUSING 3011 Tax Increment Revenue 3300 Investment Earnings 3321 FTHB Payments - Interest 3634 Miscellaneous Revenue 3999 Transfers From Other Funds 523 BROWNFIELD GRANT 3498 Brownfield Grant 626 P.W. FACILITIES MAINT. FUND 3300 Investment Earnings 3634 Miscellaneous Revenue 3636 Refunds & Reimbursements 3700 Internal Service Charges 3999 Transfers From Other Funds 1627 LIABILITY INSURANCE FUND 3636 Refunds & Reimbursements 3700 Internal Service Charges 3700 Internal Service Char. es 628 GENERAL SERVICES FUND 3700 Internal Service Charges 629 INFORMATION SYSTEMS MAINTENANCE FUND 3455 CDC Contribution 3700 Internal Service Charges 30 OFFICE EQUIPMENT DEPR. FUND 3700 Internal Service Char. es 12,057 87,884 2,253 11,470 88,530 - 31 412,644 4,422 5,408,287 63,538 10,000 57,065 185,000 140,000 25,000 3,001 - 16.916 2,796,072 54,697 209,967 927,881 163 2,099,016 1,326,860 90,000 86,521 90,000 27,500 27,500 2,000 9,930 13,988 7,165 5,408,287 5,140 48,632 20,309 1,540 1,250 3,432 2,817,500 2,377,634 1,553 1,000 16,987 208,489 2,409 1,000,000 72,454 408,117 1,347,648 1,511,835 432.960 1,853,015 4,210 1,485,229 1,183,803 136 1,853,015 4,210 29,646 1,485,229 1,459, 579 1,183,803 1,408,287 4,200,000 5,000 - 2,909,034 2,091 55,532 2,730,168 254,972 254,972 10,777 47,000 714,624 1,209,750 425,616 7,335 397,812 1,893 865,908 889,875 889,875 1,144,847 948 1,577,352 1,853,015 1,853,015 - 1,350,030 CITY OF NATIONAL CITY ESTIMATED FINANCING SOURCES SUMMARY BY FUND AND SOURCE FISCAL YEAR 2011-2012 631 TELECOMMUNICATIONS REVOLVING FUND 3455 CDC Contribution 3700 Internal Service Charges r_ 632 GENERAL ACCOUNTING FUND 3636 Refunds & Reimbursements 1 3700 Internal Service Char.es 633 UNEMPLOYMENT INSURANCE FUND 3700 Internal Service Char.es 643 P.W. MOTOR VEHICLE SVCS. 3636 Refunds & Reimbursements 3700 Internal Service Charges 3999 Transfers from Other Funds 644 EQUIPMENT REPLACEMENT RESERVE 3463 Other State Grants 721 LIBRARY TRUST FUND 3300 Investment Earnin.s 731 CONSTRUCTION AND DEMOLITION DEBRIS 3552 Const. & Demolition Admin Fee 3552 Const. & Demolition Admin Fee 3815 Const. & Demolition Forfeited Deaosit CITY OF NATIONAL CITY EXPENDITURE SUMMARY BY OBJECT FISCAL YEAR 2011-2012 001 General Fund 401 City Council 402 City Clerk 403 City Manager 404 Finance 405 City Atty 406 Development Services 407 Human Resources 409 Non -Departmental 410 City Treasurer 411 Police 412 Fire 422 Public Works 441 Community Services 445 Community Development 276,651 27,659 103,990 60,150 414,721 25,360 0 0 0 0 376,998 117,860 0 938,278 211,900 265,620 60,390 0 0 659,386 24,117 2,150 15,816,454 1,771,479 5,000 6,026,236 463,651 592,575 732,849 655,483 55,879 0 281,101 236,800 0 0 171,597 0 47,594 0 78,324 0 0 0 208,902 587,950 0 41,627 0 12,831 0 3,919,377 608,520 236,814 0 793,944 475,907 211,734 518,405 0 703,760 1,738,128 367,637 659,386 39,098 21,512,310 7,098,407 1,562,238 1,505,306 517,901 001 General Fund 103 General Capital Outlay Fund 104 Library Fund 105 Parks Maintenance Fund 108 Library Capital Outlay 109 Gas Taxes Fund 111 P.O.S.T Fund 115 Park & Rec Capital Outlay Fund 120 Plan Checking Revolving Fund 125 Sewer Service Fund 130 EMT-D Revolving Fund 131 Asset Forfeiture Fund 145 Juvenile Education 154 State Public Library Fund 159 General Plan Update Reserve 166 Nutrition Center 171 Library School District Contract 172 Trash Rate Stabilization Fund 189 Civic Center Refurbishing 190 30th Street Cleanup Fund - 1303 191 STOP Project 198 Property Evidence Seizure 200 30th Street Cleanup - 1304 201 NCJPFA Debt Service Fund 208 Supp. Law Enforcement Svcs Fund 211 Security & Alarm Regulation Fund 212 Personnel Compensation Fund 230 Abandoned Vehicle Abatement Grant 241 National City Library State Grant 242 N. City Library Matching Fund 246 Wings Grant 253 Recreational Activities Fund 259 Library Bonds Debt Service Fund 261 CDC Debt Service Fund 270 Nuisance Abatement Fund 277 NC Public Library Donations Fund 282 Reimbursable Grants 290 Police Department Grants 296 Engineering Dept Grants 301 Grant- C.D.B.G 303 Capital Facilities Fund 304 Park Development Fund 307 Proposition "A" Fund 308 Grant -Highway Bridge Rehab 312 STP LocallTransnet Highway 313 Grant-CMAQ 314 OTS Grant 320 Library Grants 25,772,224 4,425,513 5,000 0 853,672 80,577 0 802,414 112,200 3,000 0 57,000 10,000 106,066 21,160 0 48,100 0 1,240 0 130,000 614,722 5,848,972 192,214 160,000 2,343 43,477 5,500 418,239 10,821 76,586 34,875 345,450 7,000 2,850 34,887 487,450 50,547 2,210 356,900 987,827 85,500 399,500 8,328,561 19,815 236,150 352,390 12,955 136,928 0 6,707,480 0 450,274 196,216 1,740,000 413,854 911,873 450,000 9,592 36,910,217 0 1,384,523 1,113,830 67,000 127,226 48,100 1,240 130,000 8,617,548 352,214 0 2,343 48,977 0 763,689 17,821 89,028 0 0. 34,875 34,887 0 487,450 0 52,757 356,900 0 0 0 1,073,327 0 399,500 8,328,561 0 19,815 0 236,150 0 1,277,218 0 0 586,926 0 0 0 0 0 /9 CITY OF NATIONAL CITY EXPENDITURE SUMMARY BY OBJECT FISCAL YEAR 2011-2012 321 Smart Growth Incentive 323 Safe Routes to Schools 325 Development Impact Fees 326 Transportation Impact Fee Fund 343 State -Local Partnership 345 Traffic Congestion Relief 346 Prop 1B 346 State Grant 363 Security & Alarm Regulation Fund 502 Section 8 505 Home 506 Home Loan Program Fund 511 Tax Increment Fund 401 City Council 402 City Clerk 403 City Manager 404 Finance 405 City Atty 406 Development Services 407 Human Resources 409 Non -Departmental 410 City Treasurer 411 Police 412 Fire 422 Public Works 441 Community Services 445 Community Development 25,695 900,248 8,517,200 136,915 42,300 546,413 18,800 5,100 96,890 257,057 360,000 265,980 55,220 236,882 93,163 48,000 35,124 739,329 1,164,700 200,000 800,000 22,185 511 Tax Increment Fund 522 Low & Moderate Income Housing 524 2011 TAB -Capital lmporovement 525 2011 TAB - Housing 626 Facilities Maintenance Fund 627 Liability Insurance Fund 628 General Services Fund 629 Information Systems Maintenance 630 Office Equipment Depreciation 631 Telecommunications Revolving 632 General Accounting Services 633 Unemployment Insurance Reserve 643 Motor Vehicle Svc Fund 644 Equipment Replacement Reserve 721 Library Trust Fund 1,743,225 1,633,020 108,920 678,275 1,848,620 23,899 2,560,440 0 800,000 2,000,000 10,350,000 15,000,000 228,651 1,308,000 399,000 770,589 263,835 331,826 840,460 0 193,591 52,329 3,284 0 0 207,873 248,798 0 0 200,000 0 0 0 25,695 0 0 9,439,633 179,215 546,413 23,900 96,890 617,057 321,200 236,882 141,163 35,124 800,000 0 0 0 0 0 1,904,029 4,176,245 2,108,920 10,350,000 15,000,000 2,720,486 2,636,668 0 1,938,935 0 0 1,242,297 0 1,421,084 0 0 31.42% 41,, .,.d :5.' .''ri d',2•�}-45' 33.33% 0.36% 27.46% 7.43% 100.00% 001 General Fund 001 ;General Fund 001 `General Fund 109 E Gas Tax Fund 628 ;General Services 301 Grant - CDBG Fund 104 105 166 001 001 001 522 Low & Moderate Income Housing Fund 261 261 CDC Debt Service Fund 511 CITY OF NATIONAL CITY FUND TRANSFERS DETAIL FISCAL YEAR 2011-2012 Library Fund Parks Maintenance Fund Nutrition Center Fund General Fund General Fund General Fund Total General Fund Impact CDC Debt Service Fund Tax Increment Fund Operating Subsidy Operating Subsidy Operating Subsidy Operating Subsidy Operating Subsidy & close out fund Expenditure Recovery (754,558) (406,977) (269,349) 700,000 250,000 127,193 (353,691) Reimburse Debt Service Fund for 1999 TAB and 2005 TAB (18%) 1,008,485 Funding for operations and capital projects 4,200,000 3 CITY OF NATIONAL CITY SUMMARY OF AUTHORIZED POSITIONS BY FUND FISCAL YEAR 2011-12 General Fund: !Abandoned Vehicle Abatement Officer !Accounting Assistant, ,Administrative Secretary `Animal Control Officer 4 001 i 2.00 2.00 1.00 Aquatics Manger - P/T 001 0.00 0.50 0.49 �! ;Assistant City Manager 001 ` 0.70 i 0.35 0.65 I Assistant Civil Engineer I 001 0.95 1.00 0.00 ;Assistant Planner 001 i 1.00 1.00 1.00 '.Assistant Police Chief 0.00 0.00 0.00 0.00 3.63 2.30 001 2.00 001 3.00 001 3.88 001 1.00 Associate Civil Engineer 001 0.20 ;Associate Planner 1.00 1.00 1.00 ..-t-• ._._ 0.00 001 1.00 1.00 0.00 I Buildin9jnspector/Plans Examiner 001 7 1.00 1.00 0.00 -1 !BuildinkOfficial 001 I 1.00 1.00 1.00 ;City Attorney i 001 0.50 0.50 0.50 City Clerk 001 0.50 0.50 1 0.50 [City Engineer ? 001 0.25 0.30 0.45 City Manager 001 0.40 0.40 0.55 City Treasurer 001 1.00 1.00 1.00 !Civil Engineering Technician 001 1.65 !Code Conformance Officer 001 g 0.66 0.66 r- Community ServiceOfficer 001 1.00 1.00 Community Services Director 001 1.00 1.00 Confidential Assistant 001 1.00 r 0.00 0.00 Corporal Officer 001 21.00 19.50 20.25 !Council Members 001 4.00 4.00 4.00 i Cnme Analyst 001 1 00 1.00 1.00 ! ,Crime Scene Specialist 001 j 2.00 E 2.00 1.00 k Deputy Fire Marshall 001 1.00 ¢ 1.00 Dir. of Public Works & Special Pr jects 001 0.70 , 0.70 [Director of Bldg. & Safety 001 0.00 0.00 Director of Planning Emergency Services Director 2.05 1.15 Equipment Operator Executive Assistant II Executive Assistant III Executive Assistant IV !Executive Director !Executive Secretary Fire Battalion Chief [Fire Captain Fire Chief Fire Engineer (Fire Inspector IFire Inspector -PT (Fire Marshall/BC Admin Firefighter [Graffiti Removal Assistant 001 0.00 0.00 001 0.00 1.00 001 2.00 2.00 001 3.58 3.76 001 • 0.70 1.70 001 ' 0.70 0.50 001 ! 0.20 0.20 t 001I 1.50 001 4.00 001 9.00 001 ! 1.00 001 9.00 001 1.00 1.41 4.00 9.00 9.00 0.00 0.00 9.00 T 9.00 1.00 1.00 -1 0.00 0.55 0.00 ill 0.00 1.00 -1 2.00 1.88 1.70w 0.60 0.20 0.66 3.00 0.00_ -1 0.00 ' { _ 001 0.00 0.00 1.00 001 0.00 0.00 1.00 001 19.00 19.00 14.00 001 1 0.33 0.33 0.33 CITY OF NATIONAL CITY SUMMARY OF AUTHORIZED POSITIONS BY FUND FISCAL YEAR 2011-12 [Graffiti Removal Technician Housing Inspector II Human Resources Director [Information Systems Manager 4- !Information Systems Technician I Information Systems Technician II [Investigative Aide '!Lifeguard - P/T Maintenance Worker Management Analyst I Management Analyst II Management AnalystIII Management Intern - P/T !Mayor Neighborhood Council Coord. !Neighborhood Council Spec. ;Neighborhood Service Manager [Office Assistant !Parking Regulations Officer ;Permit Technician `Planning Technician Police Chief j Police Dispatcher I Police Lieutenant Police Officer ;Police Operations Asst [Police Records Clerk [Police Records Clerk - P/T ([Police Records Manager sPolice Recruit Police Sergeant Police Service Officer Police Support Service Mgr. Principal Civil Engineer P incipal Planner [Property & Evidence Spec I Property & Evidence Spec II Property & Evidence Survp Public Info Officer/MA III* I Records Mgt. Officer Recreation Aide - P/T ;Recreation Center Supervisor Recreation Leader 1- P/T ! Recreation Leader II - P/T Recreation Leader III - PfT Recreation Specialists PIT 001 0.33 0.33 0.33 001 001 001 001 001 0.00 0.88 0.40 0.10 I 0.00 0.88 0.00 0.10 0.88 0.00 0.00 0.00 0.10 0.00 0.00 001 001 001 f 1.00 2.98 2.00 1.00 1.00 3.35 2.00 3.02 p 1.00 I 001 0.00 0.50 0.50 001 I 1.38 1.88 0.00 001 1 1.50 ! 2.00 1.00 001 [ 1.92 1.94 �! 0.00 001 1.00 1.00 1.00 001 1.00 1.00 0.00 001 0.50 0.50 1.00 I 001 0.00 0.00 0.00 001 0.88 0.88 0.88 001 3.00 3.00 2.00 I 001 1.00 1.00 1.00 001 1.00 ! 1.00 1.00 [ 001 1.00 1.00 1.00 I 001 T 12.00 12.00 12.00 !' 001 , 6.00 6.00 4.00 -; 001 46.50 49.10 45.06 001 1.00 1.00 1.00 001 4.00 I 4.00 4.00 1 001 ! 2.98 2.98 2.00 -1 0_01 1.00 g 1.00 1.00 1 001 1.00 0.00 0.00 001 13.00 13.00 14.00 1 001 0.00 i 0.00 0.00 I 1.00 1.00 1.00 001 0.20 0.25 0.00 4 001 1.00 1.00 1.00 1 001 1.00 1.00 1.00 001 i 1.00 I 1.00 1.00 001 1.00 1.00 1.00 I 001 1.00 ; 1.00 0.00 1 001 i 0.50 I 0.50 0.50 001 # 4.05 5.76 6.60 001 s 0.75 1 0.75 0.75 001 3.20 i 0.66 �I 0.49 001 � 0.06 0.14 0.25 001_.._ 0.67 0.76 1.23 001 3.22 3.41 2.71 A CITY OF NATIONAL CITY SUMMARY OF AUTHORIZED POSITIONS BY FUND FISCAL YEAR 2011-12 Recreation Superintendent 001 !Recreation Supervisor Reserve Coordinator Reserve Officer [Senior Accountant Senior Accounting Assistant Senior Bldg. Inspector Senior Civil Engineering Technician !Senior Code Conformance Officer !Senior Construction Inspector !Senior Equipment Operator !Senior Lifeguard - P/T !Senior Office Assistant Senior Office Assistant - P/T Senior Police Dispatcher 'Senior Traffic Painter [Special Asst. to the Mayor Special Project Manager P/T !Sr. Asst. City Attorney Sr. Asst. City Attorney -PT STOP Grant Office Coord [Stormwater Compliance Inspector 001 !Street & Wastewater Maint. Supervisor 001 !Street Sweeper Operator 001 !Student Worker - P/T 001 [Traffic Engineer 001 Traffic Painter , 001 !Training Coordinator 001 Library Fund: City Librarian Librarian Librarian - P/T Library Assistant -P/T [Library Clerk-P/T Library Technician Library Technician -P/T !Office Aides - P/T [Principal Librarian 'Senior Library Technician Senior Office Assistant Parks Maintenance Fund: Lead Tree Trimmer Park Caretaker Park Superintendent 001 001 001 001 E 001 001 001 001 1.00 1.00 2.00 2.00 0.25 0.25 2.88 2.88 1.000.00 t 1.00 0.00 fi 1.00 1.00 0.95 0.80 0 33 0.33 001 0.90 0.90 001 1.00 1.00 0.00 1.00 0.00 j 2.88 0.00 0.00 0.00 0.80_W 0.33 0.90 1.00 001 0.00 E 0.20 001 001 001 001 001 0.00 001 0.40 6.50 I 5.55 5.68 0.50 0.50 0.00 1.00 ? 1.00 1.00 _I 1.00 1.00 1.00 0.00 0.00 0.00 0.00 0.00 001 0.60 0.55 001 0.50 0.50 001 0.00 0.50 0.50 0.50 0.00 0.00 0.50 0.50 0.50 0.10 0.00 1.00 1.00 0.00 0.50 0.50 [ 0.50 0.75 z 0.80 0.85 1.00 1.00 1.00 0.56 0.56 0.61 104 j 1.00 104 ! 2.00 104 j 2.85 2.74 2.34 104 4.20 3.63 104 0.80 0.00 0.00 104 3.00 3.00 3.00 1.00 2.00 1.00 1.00 3.15 104 0.00 s 0.85 - 0.80_ 104 j 5.55 i 5.31 4.55 104 1.00 1.00 0.00 j 104 1.00 1.00 0.19 104 i 1.00 ! 1.00 1.00 1.00_ 1.00 1.00 1.00 5.00 4.00 1.00 1.00 ss 1 % CITY OF NATIONAL CITY SUMMARY OF AUTHORIZED POSITIONS BY FUND FISCAL YEAR 2011-12 Park Supervisor Parks Equipt. Operator Seasonal Park Aide - PIT_ ;Senior Park Caretaker [Tree Trimmer ;Gas Tax Fund: !Associate Civil Engineer City Engineer ;Civil Engineering Technician Executive Secretary ;Management Analyst II Principal Civil Engineer ;Senior Construction Inspector Senior Office Assistant !Traffic Engineer Sewer Service Fund: ;Administrative Secretary Assistant City Manager ;Assistant Civil Engineer !Associate Civil Engineer City Engineer [City Manager 'Civil Engineering Technician ! Dir. of Public Works & Special Projects Equipment Operator Executive Assistant IV Executive Secretary 'Maintenance Worker Management Analyst II !Management Intern - P/T Principal Civil Engineer !Senior Civil Engineering Technician Senior Construction Inspector 'Senior Office Assistant Stormwater Compliance Inspector ;Street & Wastewater Maint. Supervisor Street Maintenance Supervisor Wastewater Crew Chief 105 105 105 ? 1.00 1.00 i 0.50 105 3.00 3.00 ( 2.00 105 2.00 i 2.00 1.00 1.00 1.00 ! 1.00 1.00 1.001.00 109 109 109 109 109 109 109 109 109 0.05 0.05 0.25 0.05 0.05 0.05 0.00 I 0.00 0.00 0.00 0.00 I 0.00 -� 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.05 0.00 i 0.00 `r 0.05 0.00 I 0.00 125 . 0.20 0.20 0.20 125 125 125 125 125 125 125 125 125 125 125 125 125 125 125 0.00 0.25 0.20 0.02 0.00 0.00 0.00 0.00 0.00 va 0.20 0.20 0.10 0.10 ' 0.10 0.05 0.13 0.05 0.05 0.30 0.30 0.45 1.00 1.00 1.00 0.10 0.10 I 0.05 0.05 0.05 0.05 3.00 3.00 3.00 0.00 0.00 0.00 0.01 0.00 ' 0.00 _ 0.20 n 0.20 0.00 0.01 i 0.20 I 0.20 0.10 0.10 125 0.10 J 0.10 125 0.10 0.10 125 i 1.00 1.00 0.50 125 I 0.50 0.50 0.00 125 0.00 1 0.00 0.00 125 , 1.00 1.00 1.00 � CITY 0FNATIONAL CITY SUMMARY 8FAUTHORIZED POSITIONS BY FUND FISCAL YEAR %01142 Stmte Public Library Fund: � | + ! � |Ub�ni�n'P/T / \ 154 \ 019 ! 0.53 0.20 ! �������� Lbrary Assistant -P/T � 154 ! 0.00 0.56 0.76 � ( } / Technician 154 O0O OOO 0.13 C��ce/\k�es'P/T | 154 | 8.00 ! 0.00 ' U��5 � MEN Swimming Pool Revolving Fund: | | | 158 / 0.50 OOO 000 '------ -�--------'--r--------'- Senior Lifeguard 'P/T | 158 | 0.20 / 0.47 0.00 ! Aquatics Manager - P/T m� /Gemems| Plan Update Reserve Fund: Neighborhood Council Spoo., Principal Planner � 159 | Uj7 | C[DO . � � | 159 / 0.33 | 0i33 Nutrition Fund: . . Dishwasher � 166 | 0i50 F 050 0.50 -� +Food Service Worker ! 106 3.25 |- 3.252.50 �Home Delivered Meals Coordinator | 106 i 1.00 \ 1.00 1.00 | Kitchen Aide 160 \ 1.00 | 1.00 0.50 l Nutrition Custodian' | 108 ! 0.00 i 0.00 0.00 i | 160 ! 1.50 1.50 1.50 | _ ,Nutrition Program Manager 166 | 1.00 1.00 1.00 rd | 166 ! 1.00 / 1.00 1.80 ��nun(�hef | 10O ' 1O8 ' 1lK] 1lX] i } . i � | . / 'Nutrition Library School District Contract: | i Library 8ss�tant-P/T 171 ' 0.00 Trash Rate Stabilization ' -'-' 4 4 �^~,~+c..~....n....^.. / 172/ xo=+�.�m/�r�nmnn/���r*��na+rnr*' � | '~~~~~~'~~^~~^-^~~~'^~~^'~~~~ ^ Police Officer ^ i 173 | 0.33 . , Senior Police Officer !Sweetwater School District Contract: ,'Police Officer Senior Police Officer MDR STOP Project Fund: � � � 174 1.67 ; 0.60 � 1.00 L----�� CITY OF NATIONAL CITY SUMMARY OF AUTHORIZED POSITIONS BY FUND FISCAL YEAR 2011-12 !Security and Alarm Regulation Fund: !Alarm Program Coord ;Abandoned Vehicle Abatement Grant: lAbandoned Vehicle Abatement Officer ;WINGS Grant: Librarian 1Library Assistant Library Assistant -P/T [Library Clerk-P/T !Office Aides - PIT Police -Federal Grants Fund: l Corporal Officer ;Police Officer 'HUD Healthy Homes Grant Fund: ;Housing Inspector II !Lead Housing Inspector Community Development Block Grant: 'Accountant 301 LCivii Engineering Technician ! 301 (Community Development Manager s 301 0.00 Community Development Specialist I 301 0.00 !Community Development Specialist II i 301 ; 0.75 Housing Inspector II 301 Y 0.00 Management Analyst I 301 1 0.00 Senior Library Technician i 301 i 0.00 Stormwater Compliance Inspector ii 301 0.00 a 1- 246 0.00 1.00 1.00 246 0.00 2.00 2.00 246 0.00 0.95 0.96 246 0.00 30.12 i 30.72 246 0.00 i 3.01 3.12 290 290 0.00 0.50 294 0.12 294 E 0.33 0.00 1.50 0.00 0.00 0.75 0.94 0.00 0.00 0.00 0.25 0.25 0.00 0.00 0.50 H !Proposition "A" Fund: [Associate Civil Engineer City Engineer Civil Engineering Technician Executive Secretary Management Analyst II Management Intern - P/T (Principal Civil Engineer Senior Civil Engineering Technician Senior Office Assistant Stormwater Compliance Inspector Traffic Engineer 0.00 0.20 0.70 0.90 0.85 1.00 0.85 0.90 1 i 0.00 0.50 -� 0.00 I 0.81 0.00 0.20 307 i 0.60 0.00 i 0.00 ! 307 I 0.25 0.20 307 0.81 0.65 0.15 -j 307 0.10 0.10 j 0.00 307 0.30 0.00 ` 0.00 0.01 ' 0.00 0.00 0.35 I 0.20 0.00 0.01 M..__ 0.00 0.00 307 + 0.30 i 0.30 0.30 307 I 0.00 ; 0.00 4_ 0.10 307 0.15 1- 0.15 0.15 CITY OF NATIONAL CITY SUMMARY OF AUTHORIZED POSITIONS BY FUND FISCAL YEAR 2011-12 Library Grants Fund: Librarian Library Assistant Library Assistant -P/T !Library Clerk-P/T Library Technician Prop 1B Fund: City Engineer 'Civil Engineering Technician [Principal Civil Engineer ,Section 8 Fund: ;Accountant_ !City Manager !Community Development Manager !Executive Assistant IV ;Executive Director 'Housing Assistant ;Housing Program Manager !Housing Specialist [Senior Housing Specialist [Senior Office Assistant ?Training Coordinator !HOME Fund: !Communi Development Manager 505 0.00 0.00 4 0.30 -! Community Development Specialist I i 505 0.25 s 0.15 1 0.30 s Community Development Specialist II 505 € 0.25 0.15 ! 0.00 !Lead Housin. Ins•ector . 505 0.00 1.00 1.00 -? 320 2.00 0.00 0.00 320 k, 1.00 0.00 I 0.00 320 0.96 0.00 ' _ 0.00 1 - 320 i 0.48 I 0.00 I 0.00 320 1.00 0.00 0.00 346 346 346 0.00 0.00 0.00 502 0.00 502 0.00 502 0.50 502 0.00 502 0.10 0.05 0.15 0.15 0.20 ! 0.00 0.00 1 . 0.05 -1 0.50 0.50 0.00 [ 0.05 1 0.10 I 0.10 502 2.00 2.00 I 2.00 502 1.00 1.00 _L 1.00 502 4.50 4.50 i_ 4.50 502 1.00 ! 1.00 ! 1.00 502 ! 1.00 1.00 E 1.00 502 0.44 0.44 ! 0.37 'Tax Increment Fund: Abandoned Vehicle Abatement Officer a _ 511 _ 0.00 _ 2.00 i 2.00 [Accountant 511 2.50 2.65 [Accounting Assistant i 511 0.25 s 0.50 _I_ 0.75 'Administrative Secretary 511 1.42 1.67 I Assistant City Manager 511 , 0.30 j 0.40 0.15 Assistant Civil Engineer 511 0.03 0.00 ! 0.00 511 I 0.15 _- 0.00� 0.00 Bliy er __. ___....._ . 511 0.15 ! O. ( 0.30 City Attorney_ 511 0.50 r 0.50 [City t Clerk 511 __.____ 0.50 _�__.... _-_- 0.50 City Engineer . 511 (os_ 0.25 i 0.25 0.20 City Manager er 511 I 0.50 I 0.50 � 0.35 ;Civil Engineering Technician 511 ; 0.16 0.10 0.10 511 I 1.34 ' 1.34 I 0.67 ICommunity Development Manager 511 Y 1.00 t 0.75 1 0.75 !Associate Civil Engineer 0.95 0.50 0.50 0.50 !Code Conformance Officer P.r CITY OF NATIONAL CITY SUMMARY OF AUTHORIZED POSITIONS BY FUND FISCAL YEAR 2011-12 Community Development Specialist I 511 1.50 0.75 0.00 Community Development Specialist II 511 2.00 1.75 0.75 Council Members 511 0.00 0.00 0.00 Director of Finance 511 0.30 0.40 0.00 Director of Planning 511 1 0.00 0.00 i 0.00 Executive Assistant II 511 z 0.22 0.24 0.12 W Executive Assistant III 511 I 0.30 j 0.30 0.30 Executive Assistant IV 511 I 0.20 0.40 0.30 Executive Director 511 0.70 0.70 0.70 Executive Secretary 511 1.30 [ 1.44 i 0.79 Financial Services Officer 511 0.30 0.40 -1-, 0.40 Graduate Intern 511 1.00 F 1.00 I 0.00 Graffiti Removal Assistant 511 0.67 0.67 i 0.67 Graffiti Removal Technician d 511 I 0.67 0.67 0.67 Housing Inspector I 511 i 1.00 1.00 I 0.00 Housing Inspector II 511 I 0.88 0.15 ' 0.00 Housing Inspector II - P/T 511 1.00 1.00 0.00 Human Resources Director 511 . 0.12 • 0.12 1 0.12 Information Systems Manager 511 0.00 0.00 0.30 Information Systems Technician I 511 I 1.00 IL 1.00 0.60 Lead Housing Inspector 511 I 0.67 0.00 { 0.00 Management Analyst I 511 0.00 . 0.50 0.00 Management. Analyst II Manes ement Analyst III Management Intern I Neighborhood Council Spec. Office Assistant Payroll Technician Principal Civil Englneer ! 511 0.20 0.20 0.00 Principal Planner Project Manager 511 4 0.00 0.00 _ Project Manager Redevelopment 511 0.00 0.00 0.00 Purchasing Agent 1 " " Purchasing Clerk 511 0.15 0.00 0.30 Records Mgt. Officer 511 i 0.66 I 0.66 ment Manager 511 0.00 0.00 511 0.25 I 0.50 Senior Accountant 511 L 0.00 0.20 Senior Civil Engineering Technician 511 I 0.03 0.00 511 0.67 0.67 Senior Office Assistant 511 0.05 0.05 Sr Economic Development Manager 511 0.00 0.00 0.00 --1 Sr. Asst. City Attorney 511 0.40 0.45 0.50 a Sr. Office Assistant - FT 511 J 0.00 Stock Clerk/Storekeeper 511 0.07 Stormwater Compliance Inspector 511 0.00 !Traffic Engineer 511 0.05 Risk Manager 511 1 0.27 511 0.50 0.00 I 0.00 511 s 0.06 0.06 I 0.50 7 511 0.00 0.00 F 0.00 511 0.33 I 0.50 0.00 I 0.82 0.12 0.00 511 0.37 i 0.82 511 0.00 I 0.20 511 0.67 i 0.67 Senior Code Conformance Officer 0.20 0.00 1 0.30 0.50 _ 0.00 0.00 0.40 0.00 0.67! 0.72 1.00 j 0.20 0.07 1 0.07 0.00 j 0.10 0.05 0.00 I 511 0.00 .721 CITY OF NATIONAL CITY SUMMARY OF AUTHORIZED POSITIONS BY FUND FISCAL YEAR 2011-12 ;Undergraduate Intern !Low and Moderate Income Housing Fund: Community Development Manager 522 I 0.50 0.75 0.25Community Development Specialist II 522 0.00 0.25 __.0.25 I Commun. Specialist I 1 522 0.25 0.40 0.00 Low and Moderate Income Housing Fund: Building Trades Specialists I 626 Custodian' _626 r Electrician 626 Facilities Maintenance Supervisor 1.00 1.00 i 1.00 9.00 i 9.00 7.00 1 1.00 1.00 1.00 i i 626 1.00 Plumber 626 1.00 Supervising Custodian I 626 ` 1.00 Liability Insurance Fund: Office Assistant Risk Manager General Services Fund: Buyer Purchasing Clerk Stock Clerk/Storekeeper 1.00 1.00 1.00 ; 1.00 1.00 ' 0.00 627 0.75 I 0.50 0.50 627 0.75 0.50 , 0.00 628 0.85 628 0.85 628 0.41 Information Systems Maintenance Fund: Information Systems Manager 629 0.30 0.70 0.70 Information Systems Technician I 629 0.70 0.80 1.40 Information S stems Technician II 629 0.50 0.60 0.00 0.70 0.70 0.41 0.00 0.00 0.00 Telecommunications Revolving Fund: Information Systems Manager Information Systems Technician I Information Systems Technician 11 General Accounting Fund: Accountant Accounting_Assist. - Temp_ Accounting Assistant Administrative Secretary Buyer Director of Finance Financial Services Officer Office Assistant Payroll Technician Purchasing Clerk Senior Accountant Senior Accounting Assistant 631 0.30 0.30 631 0.20 ; 0.20 631 0.40 632 1.50 632 `- 1.00 632 0.75 632 I 0.50 632 r 0.00 632_.-_._ 0.70 0.90 1.00 3.50 0.50 0.00 0.00 0.00 1.80 0.00 3.25 0.00 0.70 0.60 0.00 632 +- 0.70 0.60 0.60 632 ! 1.00 0.80 632 r 1.00 I 0.80 632 0.00 0.00 0.70 632 1.00 1.80 1.60 632 0.00 . 1.00 L 0.00 i 0.80 0.80 CITY OF NATIONAL CITY SUMMARY OF AUTHORIZED POSITIONS BY FUND FISCAL YEAR 2011-12 P.W. Motor Vehicle Services Fund: !Equipment Mainenance Supervisor 643 1.00 1.00 0.00 Equipment Mechanic 643 i 3.00 - 3.00 { 3.00 Lead Equipment Mechanic 643 1.00 j 1.00 j 1.00 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 21, 2011 •EM TITLE: AGENDA ITEM NO. 22 TEMPORARY USE PERMIT — "Around San Diego" Summer Concert Series hosted by Lanare Media Group Productions at Las Palmas Park on July 09, 2011 from 12 pm to 3 pm with no waiver of fees. The applicant requests the use of the City's stage. PREPARED BY: Dionisia Trejo PHONE: (619) 336-4364 EXPLANATION: DEPARTMENT: Nei APPROVED BY: Services Division This is a request from Lanare Media Group Productions to conduct the "Around San Diego" Summer Concert Series at Las Palmas Park on July 09, 2011 from 12:00 pm to 3:00 pm. Set up for the event will commence at 10 am on the day of the event. There will be approximately eight (8) 10' x 10' tents set up on site. This concert will consist of music entertainment and local Gospel artists performing from 12pm to 3pm on stage. There will also be clothing, food and school supply give- a -away booths. The applicant requests the use of the City's stage. 4The applicant will provide on -site security for the event location. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS The City has incurred $237.00 for processing the TUP, plus $200.00 for the Fire Inspection, $57.20 for NPDES Inspection and $1,863.04 for Public Works. Total fees: $2,357.24 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: •lication for a Temporary Use Permit with recommended approvals and conditions of approval. Type of Event: x Public Concert _ Fair _ Parade Demonstration Motion Picture _ Grand Opening t Event Title: Festival Circus Other _ Community Event Block Party Event Location: L-CCS Fol �{� f Event Date(s): From �o Total Anticipated Attendance: �`-J��— nth/Day/Year J (14;30 Participants) Actual Event Hours:DM am/0 to y am/ rr Setup/assembly/construction Date:1 Start time: 24141.1 Please describe the scope of your setup/assembly work (specific details): ` ,1 SL(_, /fit ( 25-SiZpectators) r ( Dismantle Date: JW c,d f 1 Completion Time: CJ. 60 am/en List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Sponsoring Organization: ►-a/Ve Me a FoQf5' r Profit fL L Not -for -Profit r.�� Chief Officer of Organization (Name) Applicant (Namme&¢)::� f S LC yt,V� {�/) �„4 p A , t Address: \`S t WI -� Daytime Phone: ( ) I—UC Evening Phone: ( ) Fax: ( ) Contact Person "on site" day of the event: v4-Ve.fA(AQ. Pager/Cellula(CQ mil) b I9 ^ C5I NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS A-,uig 2oc� �i . Is your organization a 'Tax Exempt, nonprofit" organization? YES )(NO Are admission, entry, vendor or participant fees required? YES _ NO If YES, please explain the purpose and provide amount(s)_ V� ftch2r f €5- - % f - (� ck ��vt de Sewn C i s F (. f C [ s, _00 $sevt Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ J5____Estimated Expenses For this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. skit, VQct r Su.ln ) fO " ii�i l�tR a �� �(f Gad( ( cfs f f„Avj Cvtca-, -S-tl&p vc aAA_,s (,ems, fz 0A,$) w (AM L. L C-AaSa4 l 5--,( 96/Le —ck_--(,),,Ty, YES KNO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 2 YES .NO YES NO YES Does the event involve the sale or use of alcoholic beverages? Will items or services be sold at the event? If yes, please describe: i ��L, \NAAS G C C NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route_ Does the event involve a fixed venue site? f YES, attach a detailed ite map showing all streets impacted by the event. �Will - [>ai Does the event involve the se of tents or canopies? If YES: Number of tenUcanopies 3 Sizes jQ X IC IS NOTE: A separate Fire Department permit is required for tents or canopies_ Will the event involve the use of the City stage or PA system? die sce-,?_su In addition to the route map required above, please attach a diagram showi:g the overall layout YES _ NO YES NO X' YES NO and set-up locations for the following items: Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. FoodlConcessionrieand/or FoodwPreparation areas f s � Please describe how food will be served at the event: Off- /�� C�'j�-ram' �.,s��� pu,t-e;� If you intend to cook food in the event area please specify the method: GAS SLELECTRIC X_ CHARCOAL OTHER (Specify): Portable and/or Permanent Toile Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there re facilities in the immediate area available to the public during the event) Tables and Chairs ��- T�e�'j%• 1�'' Zu �f S Fencing, barriers and/or barricades ►�] `� `�' • Generator locations and/or source of electricity `%5 Canopies or tent locations (include tent/canopy dimensions) l___' ' ") to Y..I Z ▪ Booths, exhibits, displays or enclosures > Scaffolding, bleachers, platforms, stages, grandstands or related structures > Vehicles and/or trailers"e :> Other related event components not covered above Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) *V\A:ti C S4 c(.9tAq.1- 1s 9vi-S t Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and a er the event: 3 Is Please describe your procedures for both Crowd Control and Internal Security: \, - C `ES 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: Fiease indicate what arrangement you have made for providing F'rst Aid Staffing and Equipment. w C (.( viv6 Vt- Q vE ko()Ve . OvS c, k.c ,-�ej ck.Qv w. Phi Please describ,e your Accessibility Plan for access at your event by individuals with disabilities: Please provide a detailed description riptton of your PARKING plan: 4217 1 Please describe your plan for DISABLED PARKING: 6a use_ if u�JZt�� alb f �' rc cArz i 5C eJ R� ory cam. 4 Please describe your plans to notify all residents businesses and churches impacted by the event: (r J� �( _ r- L 1 NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks_ XYES NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Type of Music: 1 � X YES NO Will sound amplification be used? If YES, please indicate: Start time: ____&/pm Finish Time -6(-7 am/j YES NO Will sound checks�he conducted prior to the event? If YES, please indicate: -� Start time: 1- O/'pm Finish Time Miv..f 3c31— rn/J " Please describe the sound equipment that will be used for your event: i NAks c `c._ 4 C `S — y (f f 5 A, S .Qt.t _ YES NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: Number of Bands: S NO Any signs, banners decorations, special lighting? If YES, please describe: efe- Revised 08/10/05 Event: For Office 'Use OnCy Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department FROM :OPEN-DOOR MINISTR.� FAX NO. :6195274958 Jun. 01 2011 01:19PM P1 ci() 33(r City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit, Organization L aikaye. t ' cP .ux G 1.7c)-4-1 Person in Charge of Activity Address __LAA � / - Telephone ' 7?f q `( 1.$ i' Date(s) of Use` ` 1 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and 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 andother liability, including attorneys fees and the Costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. ature Official Tale Date For---67"—NceleOnly Certificate of Insurance Approved Date 7 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization Person in Charge of Activity Address Telephone Date(s) of Use HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and 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 activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Official Title Date For Office Use Only Certificate of Insurance Approved Date 7 Non-profit organizations, which meet the criteria on pag of the instructions, will be considered for a waiver. If you would like to reque a waiver of the processing fees, please complete the questionnaire •-low. 1. Is the event for which the TUP is sough sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the'form a • submit it with the TUP Application) 2. Please state the name and ty e of organization sponsoring the event for which the TUP is sough and then proceed to Question 3. Name of the sponsoring • ganization Type of Organization (Service Club, Church, Social S: ice Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) No (Pleas sign the form and submit it with the TUP Applation) 4. Will the proc eds provide a direct financial benefit to an individual who reside in or is employed in the city, and who is in dire financial need due t• health reasons or a death in the family? Yes Please provide an explanation and details. (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) Signature Date 9 FROM OPEN- OR MINISTRY FAX NO. •=-- :195 ---- . , 4. ..,, ... '1/4'12-Ax-,71-p.,,,s catki,,,21,2c- ""--,- ____ ....... „,......,_--ts _ . . _ _ILA _ . . .. ft) -1--- . _. ......._ ____. ___----1 i........ .. , ------1 i I. , - r . I'. -- 4 - i. )! 1 6 . , 6 ,..._:La_.,_ 1 4 l_ --....{ i --. . „ . ---, Veir.._ekc/us ( 6,4,4 � r �C���es CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: Lanare Media Group Productions EVENT: "Around San Diego" Summer Concert Series DATE OF EVENT: July 09, 2011 TIME OF EVENT: 12:OOpm to 3:00 pm APPROVALS: DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 The Development Services Department has the following comments on the Around San Diego Summer Concert Series 2011 TUP: 1) Speakers should be oriented away from nearby residences. 2) A City business license should be procured for the selling of merchandise. 3) A NPDES Inspection is needed, at a cost of $57.20 per hour. (OT Rate). When Invoicing, please let Finance know that the above amount should be deposited to Account #001-06029-3147, to ensure the Revenue is credited to the Engineering Division of Development Services Department. RISK MANAGER (619) 336-4370 The following must be obtained: - Obtain Certificate of Insurance showing the City of National City as certificate holder - Provide Additional insured endorsement naming the City of National City as an additional insured Also, please have appropriate person complete the Hold Harmless agreement. 101 PUBLIC WORKS (619)366-4580 Parks Division: • Parks statfwill provide the "Large Stage" per conversation between Miguel Diaz, Park Superintendent, and Stephanie Maxwell, Applicant; • Cost is $931.52 for setting up the Large stage and $931.52 for breaking down the stage for a total of $1,863.04; • Event organizer will do cleanup during and after event. FINANCE A business license is required. Since they are a "Christian talk radio" they are probably "non profit" and don't have to pay, but they do need to apply and provide proof of non- profit status or pay $50. FIRE (619) 336-4550 1) Access to be maintained at all times, to both entrances and emergency roadways. 2) Fire Department access into and through the booth areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not Tess 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) Provide a 2A: IOBC fire extinguisher at stage area. Extinguisher to be mounted in a visible location between 3%`to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. 7) Internal combustion power sources (Generators) if used, shall be of adequate capacity to permit uninterrupted operation during normal operating hours. Refueling shall be conducted only when the ride is not in use. 8) Internal combustion power sources shall be isolated from contact with the public by either physical guards, fencing or an enclosure. Internal combustion power shall be at least 20 feet away from the ride. 9) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "temporary Wiring" only. 10) A fire safety inspection is to be conducted by the Fire Department prior to operations of cooking areas and booths, etc. 11) Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of one hundred ($200.00) dollars. 12) If tents or canopies are used, the following information shall apply: • Tents having an area from 0-200 square feet shall be $200.00 • Tents having an area more than 201 square feet shall be $400.00 • Canopies having an area from 0-400 square feet shall be no charge. • Canopies from 401-500 square feet shall be $250.00. • Canopies from 501-600 square feet shall be $300.00. • Canopies from $601.00 or greater shall be $400.00. • Multiple tents and or canopies placed together equaling or greater than the above stated information shall be charged accordingly. • Tents shall be flame-retardant treated with an approved State Fire Marshal seal attached. A permit from the Fire Department must be obtained. Fees can only be waived by the City Council. Ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. Please contact the National City Fire Department for direction 13) Concession stands utilized for cooking shall have a minimum of 10 feet of clearance on two sides. 14) All cooking booths or areas to have one 2A: I OBC. If grease or oil is used in cooking a 40:BC or class "K" fire extinguisher will be required. Please contact the National City Fire Department for direction. All fire extinguishers to have a current State Fire Marshal Tag. Please see attached. 15) First Aid will be provided by organization 16) Fees can only be waived by City Council. A FEE OF $200.00 WILL BE REQUIRED FOR AN AFTER HOUR INSPECTION OF TIIIS EVENT. FEES ARE TO BE DIRECTLY PAID TO TIIE NATIONAL CITY FIRE DEPARTMENT ADMINISTRATIVE OFFICES PRIOR TO START OF EVENT If you have any questions please feel free to contact me. COMMUNITY SERVICES The park is available that day. POLICE Approve with no conditions. CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. '5 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 21, 2011 AGENDA ITEM NO. 23 EM TITLE: i rMPORARY USE PERMIT — Uprising Conference 2011 sponsored by Cornerstone Church of San Diego at 1914 Sweetwater Road on July 7 - 8, 2011 from 5 pm to 10 pm daily. With no waiver of fees. PREPARED BY: Dionisia Trejo PHONE: (619) 336-4364 EXPLANATION: DEPARTMENT: Neighbor Services Division APPROVED BY: This is a request from Cornerstone Church of San Diego to conduct the "Uprising Conference 2011" at 1914 Swectwater Road on Thursday July 7th and Friday July 8, 2011 from 5pm to 10 pm. This conference will include two (2) light towers and live music on a portable stage provided by the sponsor to welcome guests. Set up for the event will commence at 4 pm on the day of the event. Security will be provided by Cornerstone Security. Handicap parking will he reserved on the existing parking lot. FINANCIAL STATEMENT: ACCOUNT NO. The City has incurred $237.00 for processing the TUP Total fees are $237.00. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: ,lication for a Temporary Use Permit with recommended approvals and conditions of approval. Type of Event: _ Public Concert _ Fair _ Festival _ Community Event Parade _Demonstration Circus Block Party _ Motion Picture Grand Opening X Other Church Event: Event Title: Uprising Conference 2011 Event Location: Cornerstone Church of San Diego Event Date(s): From 7 7-11 to 7-8 11 Total Anticipated Attendance: 500 Month/Day/Year ( Participants) 5:00 10:00 ( Spectators) Actual Event Hours: Pam/pm to prm/pm Setup/assembly/construction Date: 7-7-1 1 Start time: 4:00 pm Please describe the scope of your setup/assembly work (specific details): One stage and sound system Dismantle Date: 7-8-11 Completion Time: 11:00 pm am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening_ No streets will be affected, the event is on private property. Sponsoring Organization: Cornerstone Church of San Diego Chief Officer of Organization (Name) Sergio De La Mora Applicant (Name): Mike Ramirez Address: 1914 Sweetwater Rd. National City, CA 91950 For Profit X Not -for -Profit Daytime Phone: p19, 425-9333 Evening Phone: (61 414-2480 Fax: ( ) Contact Person "on site" day of the event: Mike Ramirez Pager/Cellular: 619-414-2480 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): X YES NO YES X NO $ N/A Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ N/A Estimated Expenses for this event. $ N/A 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. There will be live amplified music on a portable stage to welcome our guest, also as our guest leave the building. We will also have two light towers. _ YES NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 2 YES X NO Does the event involve the sale or use of alcoholic beverages? YES X NO Will items or services be sold at the event? If yes, please describe: _ YES X NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. X YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. _ YES X NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. YES X NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: ➢ Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. ➢ Food Concession and/or Food Preparation areas Please describe how food will be served at the event: N/A If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): > Portable and/or Permanent Toilet Facilities Number of portable toilets: 0 (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) ➢ Tables and Chairs > Fencing, barriers and/or barricades > Generator locations and/or source of electricity > Canopies or tent locations (include tent/canopy dimensions) > Booths, exhibits, displays or enclosures ➢ Scaffolding, bleachers, platforms, stages, grandstands or related structures > Vehicles and/or trailers > Other related event components not covered above > Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: 3 Please describe your procedures for both Crowd Control and Internal Security: Cornerstone Security and Cornerstone Traffic Ministries. _ YES X 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 X 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: Two Light Towers and existing property lighting. Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Please describe your Accessibility Plan for access at your event by individuals with disabilities: Event will be held on parking lot and there are ADA parking spots available. Please provide a detailed description of your PARKING plan: Property is on a commercial shopping center with plenty of common parking. Please describe your plan for DISABLED PARKING: parking lot has ADA parking available. 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: Flyers and City Council public meeting. NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. X YES _ NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: One Number of Bands: One Type of Music: Christian Worship Music X YES NO Will sound amplification be used? If YES, please indicate: Start time: 5:00 pm am/pm Finish Time 10:00 pm am/pm X YES _ NO WiII sound checks be conducted prior to the event? If YES, please indicate: Start time: 4:30 pm am/'pm Finish Time 5:00 pm am/pm Please describe the sound equipment that will be used for your event: Speakers, sound system, microphones and musical instruments. —YES X NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: _YES X NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 08/10/05 5 Event: For Office 'Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization Cornerstone Church of San Diego Person in Charge of Activity Mike Ramirez Address 1914 Sweetwater Rd. National City, CA 91950 Telephone 619-425-9333 Date(s) of Use 7/7/11 - 7/8/11 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 activity taken under the permit by the permittee or its agents, employees or contractors. Signs plicant Assistant Pastor 6/1/2011 Official Title Date For Office Use Only Certificate of Insurance Approved Date 7 Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? X Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization Cornerstone Church of San Diego Type of Organization Church (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) X No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) 9 tmageiyDate: Aut td; 2010`. 2. 39'34.22-N 117°04 41.43° W e ev 28 t 5.164 g wi a be sP•cilo cron# 0'1r cre � toriACrSitwe t0 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: Cornerstone Church of San Diego EVENT: Uprising Conference 2011 DATE OF EVENT: July 7th — 8th, 2011 TIME OF EVENT: 5:00 pm — 10:00 pm APPROVALS: DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 Planning Division — Martin Reeder - "All amplification equipment shall be directed away from residential areas. Lights shall be shielded from residences within view". RISK MANAGER (619) 336-4370 - Obtain Certificate of Insurance showing the City of National City as certificate holder - Provide Additional insured endorsement naming the City of National City as an additional insured. FINANCE Cornerstone needs to renew. They don't even need to pay -just need to complete the renewal and submit it. FIRE (619) 336-4550 1) Access to the area to be maintained at all times, entrances and emergency roadways. 91 2) Fire Department access into and through event 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 be used as "Temporary Wiring" only. 7) Vehicles shall be isolated from contact with the tents or canopies, Vehicles shall be at least 20 feet away from tents or canopies. 8) Smoking shall not be permitted in tents, canopies or membrane structures. Approved "No Smoking" signs shall he conspicuously posted. 9) First Aid will be provided by Cornerstone Church of San Diego personnel. 10) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event. 11) Request a meeting with event organizers at City Hall prior to this event. If you have any questions please feel free to contact me. POLICE The PD has no stipulations for the event. I will send the TUP to the supervisors working that evening. CITY ATTORNEY 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 insured's, with amounts of coverage to be determined by the Risk Manager. id- CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 21, 2011 AGENDA ITEM NO. 24 EM TITLE: TEMPORARY USE PERMIT Cornerstone Church Fellowship at Las Palmas Park on July 23, 2011 from 12 pm to 6 pm sponsored by Cornerstone Church of San Diego with no waiver of fees. PREPARED BY: Dionisia Trejo PHONE: (619) 336-4364 EXPLANATION: DEPARTMENT: Neighbor lio d Services Division APPROVED BY: This is a request from Cornerstone Church of San Diego to conduct a Comerstone Church Fellowship event at Las Palmas Park on July 23, 2011 from 12 pm to 6 pm. Set up for the event will commence at 11:00 am on the day of the event. This event will consist of a picnic setting where families will provide their own food. Cornerstone Church will set up their portable stage for amplified sound where a live band will sing and perform from 12 pm to 6 pm. Volunteers will clean-up during and after the event. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: The City has incurred $237.00 for processing the TUP Total Fees are $237.00 ENVIRONMENTAL REVIEW: N/Pi ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: A—plication for a Temporary Use Permit with recommended approvals and conditions of approval. Type of Event: _ Public Concert Parade _ Motion Picture Festival _ Demonstration _ Circus _ Grand Opening _ Other Fair Event Title: Cornerstone Church Fellowship Event Location: Las Palmas Park X Community Event Block Party Event Date(s): From 7/23/11 to 7-23-11 Total Anticipated Attendance: 500 Month/Day/Year ( Participants) Actual Event Hours: 12:00am/pm to 6:00 am/pm Setup/assembly/construction Date: 7-23-11 Start time: ( Spectators) 11:00am Please describe the scope of your setup/assembly work (specific details): Set up stage and sound system. Dismantle Date: 7-23-11 Completion Time: 7:00 pm am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. This event will be contained within the park limits,'no streets should be affected. Sponsoring Organization: Cornerstone Church of San Diego Chief Officer of Organization (Name) Sergio De La Mora Applicant (Name): Mike Ramirez Address: 1914 Sweetwater Rd. National City, CA 91950 For Profit XX Not -for -Profit Daytime Phone: (619 425-9333 Evening Phone: (619414-2480 Fax: (___) Contact Person "on site" day of the event: Mike Ramirez Pager/Cellular: 619-414-2480 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? X YES NO Are admission, entry, vendor or participant fees required? YES x NO If YES, please explain the purpose and provide amount(s): $ N/A $ N/A $ N/A Estimated Gross Receipts including ticket, product and sponsorship sales from this event. Estimated Expenses for this event. What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any information about the event. components of your event such as the use of vehicles, animals, rides or any other pertinent This is a simple picnic event bring your own food. Cornerstone will provide live amplified music on a portable stage. YES NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 2 YES X NO Does the event involve the sale or use of alcoholic beverages? _ YES X NO Will items or services be sold at the event? If yes, please describe: _ YES X NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. X YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. YES X NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. _ YES X NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: > Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. > Food Concession and/or Food Preparation areas Please describe how food will be served at the event: Each Family will provide their own food (e.g. BBQ) If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): > Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) ➢ Tables and Chairs > Fencing, barriers and/or barricades ➢ Generator locations and/or source of electricity > Canopies or tent locations (include tent/canopy dimensions) ➢ Booths, exhibits, displays or enclosures > Scaffolding, bleachers, platforms, stages, grandstands or related structures > Vehicles and/or trailers ➢ Other related event components not covered above > Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) 6 O Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: Volunteers will be assigned to clean up during and after event. 3 Please describe your procedures for both Crowd Control and Internal Security: Cornerstone Security YES X 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 X NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. CInj((J W 11l Ip n to (f f c::t,J k + Please describe your Accessibility Plan for access at your event by individuals with disabilities: Event will be held on public property that complies with ADA requirements. Please provide a detailed description of your PARKING plan: There is plenty of public parking at the park as well as street parking. Please describe your plan for DISABLED PARKING: Las Palmas Park provides ADA parking. 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: Flyers and City Council public meeting. NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. X YES _ NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: One Number of Bands: One Type of Music: Christian Worship Music X YES _ NO Will sound amplification be used? If YES, please indicate: Start time: 12:00 am am/pm Finish Time 6:00 pm am/pm X YES _ NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: 11:30 am am/'pm Finish Time 12:00 pm am/pm Please describe the sound equipment that will be used for your event: Speakers, sound system, microphones and musical instruments. YES X NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: _ YES X NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 08/10/05 5 Event: yor Office Ilse Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization Cornerstone Church of San Diego Person in Charge of Activity Mike Ramirez Address 1914 Sweetwater Rd. National City CA 91950 Telephone 619 425 9333 Date(s) of Use 7-23-2011 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 activity taken under the permit by the permittee or its agents, employees or contractors. SignatureefAp ant Assistant Pastor 6-1-2011 Official Title Date For Office Use Only Certificate of Insurance Approved Date 7 Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? X Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization Cornerstone Church of San Diego Type of Organization Church (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) x No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) 6-1-2011 Sigtlafuj Date 9 magety%Dl!e Aj 2E; 2010s^. . a TUP 014,4,4 10 g. '2 32`.4 9.8i - ��Im®peey bete 3Auq Z4; :010 �� , s;� 3 ` 32 40'C�9.90' N 31?°E74'58.Q5' CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: Cornerstone Church EVENT: Cornerstone Church Fellowship DATE OF EVENT: July 23, 2011 TIME OF EVENT: 12:00 pm APPROVALS: DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 Planning Division - Martin Reeder — "All amplification equipment shall be directed away from residential areas". RISK MANAGER (619) 336-4370 - Obtain Certificate of Insurance showing the City of National City as certificate holder - Provide Additional insured endorsement naming the City of National City as an additional insured. PUBLIC WORKS (619)366-4580 Parks Division: • Parks staff will turn off irrigation prior to event • Organizers need to clean up after the event • Organizers must keep cars/trucks off the lawns. FINANCE Cornerstone needs to renew their business licenses for the Church and the Cafe. la FIRE (619) 336-4550 1) Access to be maintained at all times, to both entrances and emergency roadways. 2) Fire Department access into and through the booth 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 Tess 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) Provide a 2A:10BC fire extinguisher at stage area. Extinguisher to be mounted in a visible location between 3Wto 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. 7) Internal combustion power sources (Generators) if used, shall be of adequate capacity to permit uninterrupted operation during normal operating hours. Refueling shall be conducted only when the ride is not in use. 8) Internal combustion power sources shall be isolated from contact with the public by either physical guards, fencing or an enclosure. 9) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "temporary Wiring" only. 12) If tents or canopies are used, the following information shall apply: • Tents having an area from 0-200 square fcct shall be $200.00 • Tents having an area more than 201 square feet shall be $400.00 • Canopies having an area from 0-400 square feet shall be no charge. • Canopies from 401-500 square feet shall be $250.00. • Canopies from 501-600 square feet shall be $300.00. • Canopies from $601.00 or greater shall be $400.00. • Multiple tents and or canopies placed together equaling or greater than the above stated information shall be charged accordingly. • Tents shall be flame-retardant treated with an approved State Fire Marshal seal attached. A permit from the Fire Department must he obtained. Fees can only be waived by the City Council. Ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. Please contact the National City Fire Department for direction_ 13) First Aid will be provided by organization 14) Fees can only be waived by City Council. If you have any questions please feel free to contact me. POLICE The PD has no stipulations for the event. Please relay to the organizers, that last time they had an event at Las Palmas Park (Easter) we received numerous complaints regarding the noise and police responded and asked to turn down the music. CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 21, 2011 AGENDA ITEM NO.25 EM TITLE: Notice of Decision — Planning Commission approval of a Conditional Use Permit for a church at 1341 East 8th Street, Suites A, B and C. (Applicant International Church of Praise) (Case File 2011-14 CUP) PREPARED BY: Martin Reeder DEPARTMENT: De el ent Svcs/Planning. PHONE: 336-4313 APPROVED Br EXPLANATION: f'�'= Imo, f/4y, t#'3 The project site is a 20,000 square -foot property in the Limited Commercial (CL) zone developed with a 5,400 square -foot strip commercial center and 31 off-street parking spaces. There are six suites in the center. A Conditional Use Permit (CUP-2001-17) was approved in November of 2001 for a 50-member church within suite B at this location. This permit has since expired due to inactivity. The applicant is proposing to operate a 2,100 square -foot church in suites B & C with a 1,100 square -foot office in suite A. Services are proposed on Sunday morning, Sunday evening and Wednesday evening. The maximum number of attendees could be as high as 120 (Sunday morning). The attached Planning Commission staff report describes the project in detail. The Planning Commission conducted a public hearing on June 6, 2011. Commissioners asked questions regarding conditions of approval, other businesses at the project location and other churches in the area. The mmission voted to approve the CUP based on required findings and subject to Conditions of Approval FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: Categorically Exempt pursuant to Class 1 Section 15303 (New Construction or Conversion of Small Structures) ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, Baca, DeLaPaz, Farias, Flores, Pruitt, Reynolds ATTACHMENTS: Location Map Planning Commission Staff Report 3. Resolution No. 15-2011 4. Reduced Plans Last btn St RS-3-PD 618 CL 644 704 708 LC) CO N N r) 1 635 RT; a) M - N I'- Ch E7thSt 703 709 715 721 10 N CO N M East 8th St 0 O N RM-1-PD Lo I O RT ri Subject Parcel — — — Zone Boundary 0 0 co 0 CO 0o CL co M RS-2 CO CO East 7th St O N C0 N V Z — 1 844 East 9th St 801 803 co 0 805 ___zz 807 811 809 1 RS-2 CO N RM-2 -PD I 1 1 0 75 150 I Feet 300 AIM A RN:: 57-092-17 Planning Commission Location Map 2011-14 CUP 1 5... 2-.4 . 1. 1:' CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Title: Case File No: Location: Assessor's Parcel No.: Staff report by: Applicant: Property owner: Combined General Plan/ Zoning designation: Parcel size: Adjacent land use/zoning: North: East: South: West: Environmental review: Item no. 2 June 6, 2011 PUBLIC HEARING - CONDITIONAL USE PERMIT FOR THE EXPANSION OF A PREVIOUSLY PERMITTED CHURCH USE AT 1341 EAST 8TH ST. SUITES A, B & C. 2011-14 CUP Rancho de la Nacion Professional Center on the north side of East 8th Street near N Avenue. 557-092-17 Assistant Planner — Martin Reeder International Church of Praise Juan and Ceferina Ruiz Limited Commercial (CL) 20,000 square feet Single and two-family residential uses / RT Palm Plaza shopping center / CL Single-family residential use across 8th Street / RS-2 & CL Apartment complex / CL Exempt pursuant to CEQA Section 15303 (New Construction or Conversion of Small Structures) 2 BACKGROUND Site Characteristics The project site is a 20,000 square -foot property developed with a 5,400 square -foot strip commercial center and 31 off-street parking spaces. There are six suites in the center, which is located on the north side of East 8th Street in the Limited Commercial (CL) zone. Each of the suites is approximately 1,092 square feet in size. There is a single two-way driveway from 8th Street that provides access to the property. Other uses in the center include an employment agency (out of business), a travel agency, a dental office and a tax/notary service. The remaining suites are vacant. Posted operating hours for the tax/notary service is 9:30 a.m. to 8:30 p.m. Monday through Friday and 10 a.m. to 9 p.m. on Saturday and Sunday. There are residences to the north and northeast of the project site, separated by a steep embankment, as well as to the west (Patio Apartments) and across 8th Street to the south. Palm Plaza shopping center is located adjacent to the east of the site. History A Conditional Use Permit (CUP-2001-17) was approved in November of 2001 for a church within the 1,092 square -foot suite B at this location. Conditions of Approval of this CUP limited the congregation to 50 people. Proposed Use The applicant is proposing tostart a new church and to utilize suite B as well suite C next door and Suite A, which is closest to 8th Street. Suites B & C would be the worship area and Suite A the office area. The new church area would be approximately 2,100 square feet and the office approximately 1,100 square feet. The maximum number of attendees could be as high as 120 (Sunday morning) according to the applicant's request, although there are approximately 130 members in the existing congregation. The international Church of Praise has been operating in San Diego since 1995 and is looking to relocate to National City. Proposed service times and average number of attendees are as follows: Activity Time Attendees Sunday - morning service 9 a.m. to 1 p.m. 120 Sunday - evening service 6:30 p.m. to 8:30 p.m. 40 Wednesday - midweek service 7 p.m. to 9 p.m. 70 Friday - bible study 7 p.m. to 9 p.m. 20 Saturday - worship practice 6 p.m. to 8 p.m. 15 In addition to the services and associated activities, the church offices would be open on site from 10 a.m. to 5 p.m. Tuesday through Friday. Three staff members would be present 3 during these hours. A Condition of Approval has been added to limit service times to those stated above (Condition No. 11). Analysis Churches are permitted in the CL zone with the issuance of a Conditional Use Permit. The previously approved CUP for Revival Lighthouse Church has been discontinued for more than 12 months and has since expired (see attached Resolution 36-2001). Traffic/Parking The hours of operation for the church are generally outside of peak traffic times. Although one of the businesses is open on weekends, church activities are not expected to affect the other business provided that some parking spaces are available. A Condition of Approval has been included to require minimum of three spaces be left for the other business during their normal business hours (Condition No. 12). The additional trips generated by the proposed use should have little impact on the traffic flows in the area, since the capacity of East 8th Street is 25,000 ADT (average daily trips). According to the "Brief Guide to Vehicular Traffic Generation for the San Diego Region" published by SANDAG in 2002, the proposed use would add approximately 72 ADT on days services are held. Since the proposed use is in an existing center there is generally no requirement to provide additional parking beyond the existing 31 spaces. However, if the church were the only use on the site it would require 24 to 59 parking spaces. Depending on how the Code requirement is interpreted. The pertinent code section requires: 1 space for each 5 fixed seats, plus 1 space for every 35 square feet of area available for seating within the main auditorium where there are no fixed seats. Although there are no fixed seats in the 'auditorium' area, there is a condition limiting the maximum number of people to 130 people at any one time (Condition No. 13). If there were 130 fixed seats, 26 parking spaces would be required; therefore, staff is of the opinion that there is adequate parking for 130 people on a Sunday morning. There will also be more space on adjacent streets for parking due to the off-peak hours. Noise The nearest residences to the site are the Patio Apartments immediately west of the site. However, there are no windows or doors on the west side of the church space, so there is no direct Zink to the apartments. The next closest residences are over 100 feet to the northeast and up a small hill. The doors and windows of the church face directly east towards the parking lot and Palm Plaza shopping center beyond. In order to reduce any potential noise impacts, Condition No. 14 requires compliance with Title 12 of the Municipal Code (Noise Control) and No. 15 requires that all doors and windows be kept closed during services. 4 Comments Comments were received from the Building Division and Fire Department. Comments pertain to current Building and Fire Codes as well as minimum clearances in ingress/egress areas and from fire equipment. Summary Churches are permitted with a CUP in the commercial zones; there was an existing church at this location that has since expired. The applicant has an existing congregation that wishes to relocate to National City to a mostly vacant commercial shopping center. Although the maximum expected attendance of the church on Sunday mornings (130) may be somewhat of a burden the center's facilities, the off-peak nature of service times should allow the church to operate without seriously affecting neighboring uses. Additionally, it is likely that the average numbers (based on the existing San Diego congregation) will go down, thus reducing impacts associated with the use. Furthermore, Conditions of Approval are designed to reduce any deleterious effects on area uses. RECOMMENDATION Approve 2011-14 CUP subject to the conditions listed below, based on attached findings; or Deny 2011-14 CUP based on findings to be determined by the Planning Commission; or Continue the public hearing to a specific date. ATTACHMENTS 1. Recommended Findings for Approval 2. Recommended Conditions 3. Location Map 4. Site Photos 5. Notice of Exemption 6. Public Hearing Notice (Sent to 49 property owners) 7. PC Resolution 36-2001 (granted original approval) 8. Applicant's Plans (Exhibit A, case file no. 2011-14 CUP, dated 3/29/2011) MARTIN REEDER Assistant Planner MARYAM BABAKI Development Services Director 5 RECOMMENDED FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 1. That the site for the proposed use is adequate in size and shape, since the use will take place in an existing commercial center with 31 dedicated off-street parking spaces, which satisfies minimum Code requirements. 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 site is accessed from East 8'h Street, an arterial road with a capacity able to handle the 72 ADT generated by the use, and since church services will occur at times of lesser traffic at the shopping center and on adjacent roads. 3_ That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the use will take place in a commercial center, its doors face other commercial uses and conditions require doors and windows to be kept closed during services; therefore, there would be negligible noise issues. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will provide opportunities for its members and their guests to attend religious services. 6 RECOMMENDED CONDITIONS OF APPROVAL General 1. This Conditional Use Permit authorizes a 2,100 square -foot church use at an existing shopping center at 1341 East 8th Street. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, case file no. 2011-14 CUP, dated 3/29/2011. 2. 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. 3. 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. 4. 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. 5. 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 Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Development Services Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Development Services Director prior to recordation. Building 6. Plans submitted for construction shall comply with the 2010 editions of the Califomia Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and Green Codes. Fire 7. The project shall be built to code. The National City Fire Department utilizes the 2010 edition of the California Fire Code and the 2010 edition of NFPA. 8. All exits shall meet Fire and Building Code requirements. No exits and/or hallways shall be blocked at any time. 9. Fire alarm and sprinkler control valves shall not be obstructed at any time. A minimum clearance of 30 inches wide by 78 inches high shall be maintained with clear access to all aisles to be required. 7 10. No storage is permitted to be stacked closer than 24 inches from the ceiling (a minimum of 18 inches below sprinkler heads). Planning 11. Hours of church services shall be limited to Wednesdays between 7:00 p.m. and 9:00 p.m., and Sundays between 9 a.m. and 1:00 p.m_ and between 6:30 p.m. and 8:30 p.m. 12. A minimum of three parking spaces per business shall be maintained for use by other businesses that are open on Sundays during normal service times. 13. There shall be no more than 130 persons in the church at any time. 14. Noise levels shall not exceed those allowed in Title 12 of the National City Municipal Code. 15. All doors and windows are to be kept closed during church services. 8 RESOLUTION NO. 15-2011 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE EXPANSION OF A PREVIOUSLY PERMITTED CHURCH USE AT 1341 EAST 8TH ST. SUITES A, B & C. CASE FILE NO. 2011-14 CUP APN: 557-092-17 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for the expansion of a previously permitted church use at 1341 East 8th St., Suites A, B & C, at duly advertised public hearing held on June 6, 2011, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2011-14 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 June 6, 2011, support the following findings: 1. 1. That the site for the proposed use is adequate in size and shape, since the use will take place in an existing commercial center with 31 dedicated off-street parking spaces, which satisfies minimum Code requirements. 2. That the site has sufficient arrpss 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 site is accessed from East 8th Street, an arterial road with a capacity able to handle the 72 ADT generated by the use, and since church services will occur at times of lesser traffic at the shopping center and on adjacent roads. 3_ That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the use will take place in a commercial center, its doors face other commercial uses and conditions require doors and windows to be kept closed during services; therefore, there would be negligible noise issues. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will provide opportunities for its members and their guests to attend religious services 9 BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes a 2,100 square -foot church use at an existing shopping center at 1341 East 8th Street. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, case file no. 2011-14 CUP, dated 3/29/2011. 2. 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. 3. 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. 4. 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. 5. 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 Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Development Services Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Development Services Director prior to recordation. Building 6. Hans submitted for construction shall comply with the 2010 editions of the California Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and Green Codes. Fire 7. The project shall be built to code. The National City Fire Department utilizes the 2010 edition of the California Fire Code and the 2010 edition of NFPA. 8. All exits shall meet Fire and Building Code requirements. No exits and/or hallways shall be blocked at any time. 9. Fire alarm and sprinkler control valves shall not be obstructed at any time. A minimum clearance of 30 inches wide by 78 inches high shall be maintained with clear access to all aisles to be required. 10 10. No storage is permitted to be stacked closer than 24 inches from the ceiling (a minimum of 18 inches below sprinkler heads). Planning 11. Hours of church services shall be limited to Wednesdays between 7:00 p.m. and 9:00 p.m., and Sundays between 9 a.m. and 1:00 p.m. and between 6:30 p.m_ and 8:30 p.m_ 12. A minimum of three parking spaces per business shall be maintained for use by other businesses that are open on Sundays during normal service times. 13. There shall be no more than 130 persons in the church at any time. 14. Noise levels shall not exceed those allowed in Title 12 of the National City Municipal Code. 15_ All doors and windows are to be kept closed during church services. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of June 6, 2011, by the following vote: AYES: DeLaPaz, Farias, Alvarado, Baca, Pruitt, Reynolds, Flores NAYS: ABSENT: ABSTAIN: Q AIR 11 m co —1 m m o 10 SITE DEVELOPMENT PLAN _,.o 9. ] e Jew ,,., 7 r ' // 71 CONCRETE WALKWAY r nle 10 Ic INTERNATIONAL CHURCH OF PRAISE FLOOR PLAN LOCATION; 1341 E. 8th STREET, SUITE B & C NATIONAL CITY, CA 91950 A� \ E Bth'""a ' 6 \ v \ E. Tth gv •--i� \ f \ s Eto St ia-tJ \\ 5 \ \ \\ N LOCATION MAP 397516 — - l CONCRETE WALKWAY 6—E B E,— 999 )e PROPOSED FLOOR PLAN PLE, ( 2 EXHIBIT A CASE PILE NO. 201"-14 CJP DATE. 3129/20' 1 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 21, 2011 AGENDA ITEM NO. 26 EM TITLE: Notice of Decision — Planning Commission approval of a Conditional Use Permit for tattoo and body piercing at an existing clothing store in Westfield Plaza Bonita. (Applicant Scott Marchand & Tony Waterman) (Case File 2011-15 CUP) PREPARED BY: Martin Reeder DEPARTMENT: De�eigj,8lvcs/Planning. PHONE: 336-4313 APPROVE EXPLANATION: The project site is 619 Underground Clothing, an existing business that sells t-shirts, on the ground floor at the northern end of Westfield Plaza Bonita. The applicant is proposing to offer tattoo and body piercing within the existing clothing store. The use is proposed at the rear of the store in a room behind the clothing display area. The tattoo and piercing area would be 14 feet by 28 '/2 feet and be comprised of two separate operating areas, one for tattoos and one for piercing. The applicant is only proposing to offer body piercing 'from the waist up'. The Planning Commission conducted a public hearing on June 6, 2011. Commissioners asked questions regarding conditions of approval, advertising and checking of customer I.D.s. The Commission voted to approve the CUP based on required findings and subject to Conditions of Approval FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: Not a project under CEQA ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: Finance APPROVED: MIS STAFF RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, Baca, DeLaPaz, Farias, Pruitt, Reynolds Nay: Flores ATTACHMENTS: 1 Location Map 3. Resolution No. 16-2011 Planning Commission Staff Report 4. Reduced Plans I Subject Parcel — — — Zone Boundary City Boundary I-� I 0 137.5 275 550 CITY OF NATIONAL CITY I Feet 0APN: 64-471-07 Planning Commission Location Map 2011-15 CUP 1 SIVCORY(iRAI'� CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Title: Case File No.: Location: Assessor's Parcel No: Staff report by: Applicant: Property owner: Combined General Plan/ Zoning designation: Parcel size: Adjacent land use/zoning: North: East: South: West: Environmental review: Item no. 4 June 6, 2011 PUBLIC HEARING — CONDITIONAL USE PERMIT FOR A TATTOO & BODY PIERCING STUDIO AT AN EXISTING CLOTHING STORE IN WESTFIELD PLAZA BONITA 2011-15 CUP 3030 Plaza Bonita Road, Suite 1326 564-471-07 Martin Reeder — Assistant Planner Scott Marchand & Tony Waterman Westfield Plaza Bonita Commercial Shopping Center (CSC-PD) 6.55 acres Residential across Sweetwater Rd and open space / CG-PD & RS-2 Single -Family Residential / County of San Diego (Bonita) Open space / City of Chula Vista Sweetwater River Flood Control Channel & 805 Freeway / OSR Not a project under CEQA 2 BACKGROUND Site Characteristics Westfield Plaza Bonita is located in the southeast corner of National City in the Commercial Shopping Center (CSC-PD) Zone. The project site is the ground floor of the mall at the northern end of Westfield Plaza Bonita. The suite is located next to the escalators in front of the interior Macy's entrance, in the original part of the mall. The suite is the location of 619 Underground Clothing, which sells t-shirts. Proposed Use The applicant is proposing to operate a tattoo and body piercing parlor within the existing clothing store. The use is proposed at the rear of the store in a room behind the clothing display area. The area would be accessible via a door in the back wall of the sales area. Although not yet constructed, the tattoo and piercing area would be 14 feet by 28 '/z feet and be comprised of two separate operating areas, one for tattoos and one for piercing. The applicant is only proposing to offer body piercing 'from the waist up'. Analysis Under the current Land Use Code, a `tattoo parlor' is allowed under Use Group 19 — Goods and Services Other. This use group is allowed by right in several zones, but not in the CSC zone. Use Group 19 uses are only allowed in this zone with the issuance of a Conditional Use Permit. Tattoo parlors are further regulated by Chapter 9.54 of the National City Municipal Code. This section refers to the San Diego County Code of Regulatory Ordinances (Department of Health) as the regulatory provisions applicable to tattoo artists, tattoo parlors and mobile tattoo vehicles within the City. Condition No. 11 requires compliance with these regulations. Concerns with tattoo shops usually focus on community character, particularly in cases of concentration of such uses. There are currently no other tattoo shops in National City. In addition, the tattoo portion of the store would be located behind a wall at the rear of the sales area; the store is located in the older and less traveled part of the mall; and the business itself is within the mall building and not visible from the exterior. Although not traditionally found in shopping malls, tattoo businesses have been increasing in their presence at said locations. Westfield has tattoo businesses in at least four of their malls nationwide, including two in San Diego County (Westfield Mission Valley and Westfield Parkway Plaza. 3 The proposal is a standard commercial use in an existing regional shopping mall. The mall has adequate parking and access to arterial streets and freeway. Any increases in traffic due to the addition of tattoo and body piercing services would be negligible_ Although not yet adopted, the new Land Use Code includes provisions for tattoo parlors. Specifically, they would be regulated as follows: • Shall not be located within one -mile of another such establishment. • Shall be located no less than 1,000 feet from a church, school, or playground. • Shall be no closer than 250 feet from a residential zone. • Shall not be located east of Interstate 805. • Shall require a CUP is required for all tattoo and body -piercing establishments. All of the above conditions would be met, with the exception of the business being located east of 1-805. The intent of this requirement is for commercial areas in the prominently residential eastern portion of the City, rather than Westfield Plaza Bonita, a regional shopping mall. In addition, the mall is separated from the rest of the City by State Route 54. However, as previously mentioned, the new Land Use Code is not yet in effect. Comments Comments were received from the Building Division and Fire Department. Comments pertain to current Building and Fire Codes as well as minimum clearances in ingress/egress areas and from fire equipment. Summary The proposed use of a portion of the applicant's business as a tattoo and body piercing studio is consistent with the Land Use Code with the approval of a Conditional Use Permit. The potential impacts are minimal since the site is within an existing commercial center and parking is available on site_ In addition, the use is currently allowed by right in other commercial and industrial zones throughout the City. Conditions of Approval will help to prevent any adverse impacts to neighboring uses or other mall operators. Furthermore, allowing tattoo and body piercing will allow the business to expand its services, thus increasing profitability and the chances for success in this uncertain economy. 4 RECOMMENDATION Approve 2011-15 CUP subject to the conditions listed below, based on attached findings. ATTACHMENTS 1. Recommended Findings for Approval 2. Recommended Conditions of Approval 3. Location Map 4. Public Hearing Notice (Sent to 14 property owners) 5. Site Photos 6. Exhibit A, Case File No. 2011-15 CUP, dated 4/7/2011 MARTIN REEDER MARYAM BABA Assistant Planner Development Services Director 5 RECOMMENDED FINDINGS FOR APPROVAL 1. That the site for the proposed use is adequate in size and shape, since the proposed use will be within an existing commercial suite within a regional mall and since no expansion of the building is proposed. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the proposed use is served by both Plaza Bonita Road and Sweetwater Road, arterial streets, and since tattoo and body piercing as an accessory use to a clothing store 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 use is contained wholly within an existing building and the use is consistent with other commercial uses within other commercial zones of the City. That the proposed use is deemed essential and desirable to the public convenience, since it will allow the business to expand its services, thus increasing profitability and the chances for success. 6 RECOMMENDED CONDITIONS OF APPROVAL General 1. This Conditional Use Permit authorizes tattoo and body piercing as an accessory use to a clothing store at Westfield Plaza Bonita. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2011-15 CUP, dated 4/7/2011. 2. 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 Division, acknowledging and accepting all conditions imposed upon the approval of this permit Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Division that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Division prior to recordation. 3. 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. Building 4. Plans submitted for construction shall comply with the 2010 editions of the California Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and Green Codes. Fire 5. The project shall be built to code. The National City Fire Department utilizes the 2010 edition of the California Fire Code and the 2010 edition of NFPA. 6. All exits shall meet Fire and Building Code requirements. At no time shall the rear exit and interior store hallway be blocked. The rear exit shall have a clear path to allow for required exiting into a fire -rated evacuation hallway. 7. Fire alarm and sprinkler control valves shall not be obstructed at any time. A minimum clearance of 30 inches wide by 78 inches high shall be maintained with clear access to all aisles to be required. 8. No storage is permitted to be stacked closer than 24 inches from the ceiling (a minimum of 18 inches below sprinkler heads). 9. No Fire Department Approval will be issued until existing "Fire Sprinkler and Fire Alarm" issues are resolved with "619 Underground Clothing". Planning 10. All tattooing activities shall conform with Chapter 9.54 of the National City Municipal Code and with Title 6, Division 6, Chapter 3 (commencing with Section 66.301) of the San Diego County Code of Regulatory Ordinances, as now in effect or as may hereafter be amended, as the regulatory provisions applicable to tattoo artists, tattoo parlors and mobile tattoo vehicles within the city of National City. 11. All tattooing and body piercing activities shall conform with Chapter 18.69 of the National City Land Use Code. 8 RESOLUTION NO. 16-2011 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A TATTOO & BODY PIERCING STUDIO AT AN EXISTING CLOTHING STORE IN WESTFIELD PLAZA BONITA. CASE FILE NO. 2011-15 CUP APN: 564-471-07 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for a tattoo & body piercing studio at an existing clothing store in Westfield Plaza Bonita at a duly advertised public hearing held on June 6, 2011, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2011-15 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 June 6, 2011, support the following findings: 1 _ That the site for the proposed use is adequate in size and shape, since the proposed use will be within an existing commercial suite within a regional mall and since no expansion of the building is proposed. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the proposed use is served by both Plaza Bonita Road and Sweetwater Road, arterial streets, and since tattoo and body piercing as an accessory use to a clothing store 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 use is contained wholly within an existing building and the use is consistent with other commercial uses within other commercial zones of the City. That the proposed use is deemed essential and desirable to the public convenience, since it will allow the business to expand its services, thus increasing profitability and the chances for success. 9 BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes tattoo and body piercing as an accessory use to a clothing store at Westfield Plaza Bonita. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2011-15 CUP, dated 4/7/2011. 2. 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 Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Division that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Division prior to recordation. 3. 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. Building 4. Plans submitted for construction shall comply with the 2010 editions of the California Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and Green Codes. Fire 5. The project shall be built to code. The National City Fire Department utilizes the 2010 edition of the California Fire Code and the 2010 edition of NFPA. 6. All exits shall meet Fire and Building Code requirements. At no time shall the rear exit and interior store hallway be blocked. The rear exit shall have a clear path to allow for required exiting into a fire -rated evacuation hallway. 7. Fire alarm and sprinkler control valves shall not be obstructed at any time. A minimum clearance of 30 inches wide by 78 inches high shall be maintained with clear access to all aisles to be required. 8. No storage is permitted to be stacked closer than 24 inches from the ceiling (a minimum of 18 inches below sprinkler heads). 9. No Fire Department Approval will be issued until existing "Fire Sprinkler and Fire Alarm" issues are resolved with "619 Underground Clothing". Planning 10 10.AI1 tattooing activities shall conform with Chapter 9.54 of the National City Municipal Code and with Title 6, Division 6, Chapter 3 (commencing with Section 66.301) of the San Diego County Code of Regulatory Ordinances, as now in effect or as may hereafter be amended, as the regulatory provisions applicable to tattoo artists, tattoo parlors and mobile tattoo vehicles within the city of National City. 11. All tattooing and body piercing activities shall conform with Chapter 18.69 of the National City Land Use Code. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of June 6, 2011, by the following vote: AYES: DeLaPaz, Farias, Alvarado, Baca, Pruitt, Reynolds NAYS: Flores ABSENT: ABSTAIN: AN 11 K-BRACING REFERENCE 4701s1 PAYLESS SNOESOURCE PAYLESS KIDS 4238sf BRACING rE74,,ciNc 61, UNDERGROUND CLOTHING 1700st iuuy� 2 LEVELS 153,479 sr ENTRANCE I1 LEVEE 1 0 - K-BRACING i ri to (1298j 36'-6 82 2" 1HE DISNEY STORE 4D19s1 49.-O" O Dim 0 ly IT - K -BRACING SHIMMER FASHIONS o 8477s( ogo CRAZY 8 3047st 121'-10" CHARLOTTE RUSSE ro 67700 rn BAKER'S SHOES 2010st K-BRACING K-BR ACING N-BRACING K-BRACING JOURNEYS 2O10sf 12 n1 N n1 ro an N � 0 m 0 0 0 •n O O 0 N (8 of N 0 r, ( 0 �1 0 z ( tea.; IF: O NI/ — K-BRACING coo} ALDO SHOES 1910st K-BRACING K-- BRA ONG o TIE 0 3415s1 89'-0" -; PAPAYA to 6211sf 67'-6" K-BRACING MASTFRCUTS 1060st 2802s( 70 - 6" -BRACING WFISFILLD'S JEWELERS 1579sf O K-BRACIN 4 5'--6 5 DAVID & SONS JEWELERS 1573st 67'-6" 2025sf o CATHY JEAN N 1522s1 K- BRA CING o NATIONAL UNIVERSITY 1914s1 59'-8" OI 0 MOTHERHOOD MATERNITY 1789sf -BRACING -If- - - 73 96'-0" N 0 O 1 34•- TA-1-1-on L'CiS� i P C ._LO ;"-i r A , '- ,i FAlSTING 13 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 21, 2011 AGENDA ITEM NO. 27 EM TITLE: Notice of Decision — Planning Commission finding of consistency with the Downtown Specific Plan and approval of a Conditional Use Permit for the expansion of a gas station convenience store and the sale of alcohol for off -site consumption at 10 Osborn Street. (Applicant Hagman & Associates) (Case File 2011-16 DSP, CUP) (VVL PREPARED BY: Martin Reeder PHONE: 336-4313 EXPLANATION: DEPARTMENT: D APPROVED Y. for: /v[ Bak/ ment Svcs/Planning. The project location is at the northwest corner of National City Blvd. and Osborne St., in the Medium Commercial (CM) zone. The lot is developed with a gas station (Valero), including an automotive service bay and 1,106 square -foot mini mart. The property is within the Downtown Specific Plan Area. The applicant proposes to expand the existing building by approximately 1,500 square feet through conversion of the service bay and an addition. The applicant is requesting to sell beer, wine and distilled spirits for off -site consumption (ABC Type 21 license) between the hours of 6 a.m. and 12 a.m. The Planning Commission conducted a public hearing on June 6, 2011. The applicant asked for leniency on three Conditions of Approval. Commissioners commented that a Type 20 ABC license (beer and wine) might be more appropriate and they could not support changing any conditions. The Commission voted to find the project consistent with the Downtown Specific Plan and approve the CUP based on required findings and subject to Conditions of Approval, with a typographical change to Condition No. 16. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: Categorically Exempt pursuant to Class 1 Section 15303 (New Construction or Conversion of Small Structures) ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, Baca, Flores, Pruitt Nays: DeLaPaz, Farias, Reynolds ATTACHMENTS: Location Map Planning Commission Staff Report (Including Department/Agency comments) 3. Resolution No. 17-2011 4. Reduced Plans _ _ _ • a) (/)0 4E' OS • • • • CITY OF SAN DIEGO CITY OF NATIONAL CFi Y (1) • • • N • (L) • •A V. • s, • 103 0 117 117 117 119 119 123 125 135 CG-PD eii 0 _0 0) 0 CM • 11 0 CO 116 128 140 Division -St 3 15 21 27 33 East 1st St 111 0 r 129 135 CN East 2nd St 1 I Subject Parcel Zone Boundary City Boundary 0 75 150 I Feet 300 APN: 5 9-0 2 0-2 9 Planning Commission Location. Map 2011-16 DSP CUP 1 5. 24 11 Title: Item no. 6 June 6, 2011 CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT PUBLIC HEARING — DOWNTOWN SPECIFIC PLAN CONSISTENCY REVIEW AND CONDITIONAL USE PERMIT FOR THE EXPANSION OF A GAS STATION CONVENIENCE STORE AND THE SALE OF ALCOHOL FOR OFF -SITE CONSUMPTION AT 10 OSBORN STREET. Case File No.: 2011-16 DSP, CUP Location: Northwest corner of National City Blvd and Osborne St Assessor's Parcel No.: 559-020-29 Staff report by: Martin Reeder Applicant: Hagman & Associates, Paris Hagman Architect Property owner: National City Investments, LLC Combined General Plan/ Zoning designation: Medium Commercial (CG) Parcel size: 0.55 acres Adjacent land use/zoning: North: Gas station across Division St. / City of San Diego East: Commercial and single-family residential uses across National City Blvd. / Medium Commercial (CM) South: Liquor store / General Commercial (CG-PD) West: Auto sales lot / Medium Commercial (CM) Environmental review: Exempt pursuant to CEQA Section 15303 (New Construction or Conversion of Small Structures) 2 BACKGROUND Site characteristics The subject property is located on the northwest corner of National City Blvd. and Osborne St., in the Medium Commercial (CM) zone. The parcel has frontage on three streets; Osborn Street, National City Blvd. and Division Street. There is 250 feet of frontage on Osborn Street, 145 feet on National City Blvd and 115 feet on Division Street. The lot is developed with a gas station (Valero), which includes an automotive service bay and a 1,106 square -foot mini mart with restroom, cashier area and storage space. There is an alley behind the property and eleven parking spaces located throughout the property. The subject lot and the car sales lot to the west are separated by a 2-8 foot grade differential. The property is within the Downtown Specific Plan Area. Proposed use The applicant is proposing to expand the existing mini mart by 820 square feet by converting the adjacent mechanics bay into sales floor area. There is also a 694 square -foot addition proposed for an office, walk-in cooler and storage room. As part of the proposal, the applicant would like to sell beer, wine and distilled spirits for off -site consumption (ABC Type 21 license) between the hours of 6 a.m. and 12 a.m. Plans also include the relocation of a trash enclosure and the re -striping of the parking lot. Analysis Downtown Specific Plan Consistency The project site is within Development Zone #1A of the Downtown Specific Plan Area. This is generally the area bounded by 5th, Roosevelt, 8th and National City Blvd. Preferred land uses in this zone are residential and visitor serving commercial (hotel, motel, restaurants) entertainment uses (theaters, clubs); Tight industrial manufacturing; auto -oriented retail; professional offices or public parking. A gas station is a commercial use that serves all facets of the population; therefore, the use is consistent with the Specific Plan. In addition to being consistent with preferred land uses, new construction (the addition) must meet the Project Development Findings of the Downtown Specific Plan. There are a total of seven such findings, most of which are geared towards ground up projects on vacant or completely redeveloped Tots. In this case, with only a small addition to an existing use, only one of these findings can be made. Project Development Finding 1 — Basic Compliance — requires that project comply with the minimum parking requirements and standards of the Specific Plan. Seeing as the proposed addition does not exceed any of these standards (height, setbacks, parking or density), the project is consistent with this finding. 3 Conditional Use Permit Valero has been operating under the current ownership at this location since February 2009. The applicant has indicated that they would like to offer a wider variety of products to their customers, including beer, wine and distilled spirits, in order to add to the viability of the service station. The current hours of operation are 6:00 a.m. to 12:00 a.m. seven days a week. Both the expansion of the mini mart and the sale of alcohol require a Conditional Use Permit (CUP). A gas station may have a sales display area with up to 216 cubic feet of non -automotive product; however, Chapter 18.98 of the National City Land Use Code (NCLUC) allows for a greater sales area of non -automotive products with an approved CUP. Chapter 18.71 of the Land Use Code allows for alcohol sales with an approved CUP. Parking With the 820 square -foot conversion, the mini mart would be approximately 2,620 square feet in size. Discounting the storage, restroom and office space, the total sales area would be around 1,926 square feet. As mentioned above, the lot currently has eleven parking spaces. There is no specific parking requirement for a gas station; however, most commercial uses require one space for each 250 square feet. In this case, that would be approximately four spaces, which are provided. Traffic Trip generation rates provided by the San Diego Association of Governments (SANDAG) for this type of facility (gas station with convenience store and carwash), are based on the number of fuel spaces (155 Average Daily Trips per pump). Since no new gas pumps are proposed and the expansion of the mini mart would not generate an increased number of vehicle trips, no significant increase in the number of daily trips is expected. Design The mini mart expansion is part of an upgrade of the existing building currently housing an auto repair bay and the existing store and cashier area. The new building design proposes facade improvements consisting of a smooth plaster finish, columns, cornice molding and stone veneer at the base of the building. The changes to the building appearance will have a positive effect on the area, given that it is located at a major intersection. The proposed expansion will allow for the enhancement of an existing tenant by extending their services to include sale of additional convenience goods as well as gasoline sales. This is consistent with General Plan policies that encourage full utilization of commercial sites. The project also meets several other General Plan policies, including the expansion of existing businesses where they are compatible and the private revitalization of older businesses in the City. The site has some landscape areas, consisting mostly of shrubs around the vehicular access points to the property. In order to upgrade the landscaping, a Condition of 4 Approval has been added requiring the applicant to submit a Landscape and Irrigation plan as part of building permit submittal. A Condition has also been added to require the relocated trash enclosure to meet current standards (door and cover). Community meeting Pursuant to Section 18.71.030, a community meeting was held Saturday, May 28, 2011 at 2:00 p.m. at the Valero station. The applicant states that all property owners and occupants within 660 feet of the store were notified by mail of the meeting. A sign -in sheet and meeting minutes are attached. According to the sign -in sheet, only the business owners were present. Alcoholic Beverage Control Per State Alcoholic Beverage Control (ABC) there are currently five (5) off -sale licenses in this census tract (114.00) where a maximum of three (3) are recommended. Therefore, this census tract is considered by ABC to be over -saturated with regard to off -sale alcohol outlets. The existing locations are as follows: Name Address Distance (mi) Arido Market 1643 Wilson 1.4 Big B Market 1540 Coolidge 1.2 Cozines 402 Civic Ctr 1.1 AM/PM 133 W 8th 0.6 One Ten Liquor and Market 110 National City Blvd < 300 feet Census tract 114.00 encompasses the area from Division to West 18th Streets and west of National City Blvd. Of the businesses in this census tract, AM/PM and Cozines received discretionary approval from the City. The remaining businesses are considered legal non -conforming — they have no Conditional Use Permit. Sales Area Alcohol products would be stored in three areas. Distilled spirits are proposed to be located behind the sales counter; large quantity beer products (cases, 30-packs, etc) and red wine would be on shelves in the main sales area, with the remainder (white wine, beer) to be stored in the coolers. In an effort to ensure the responsible placement of alcohol products, a Condition of Approval (No. 15) has been added limiting the sale of products outside the coolers to the rear corner of the store, and also limiting the location of cold alcohol products to the coolers along the west wall. With distilled spirits behind the cashier, this would ensure that all alcohol products would be in view of or under the direct control of the cashier, and also that they would be away from the front entrance. Condition No. 16 requires all coolers containing alcohol products to be locked after alcohol sales hours, should the station be open after current hours in the future. The condition also requires that distilled spirits be kept in a locked cabinet at all times. 5 Police Department comments According to current crime statistics provided by the Police Department, the reporting area (Beat 20) had a 2009 crime rate of 99.7%, below the 120% considered to be a high crime area. The Police Department has objected to the issuance of a Conditional Use Permit for on -sale alcohol at this location. In their comments, PD states that there are currently 100 alcohol licenses issued in National City, or roughly 11.7 outlets per square mile. There was also objection due to another Type 21 license being located directly across the street (One Ten Liquor and Market) and that no other gas station in the City has been issued a Type 21 license (there is not). Furthermore, it was stated that until the Police Department had the budget to deploy a dedicated unit to regulate these alcohol establishments, policing of additional businesses selling alcohol would be a burden to the Department. Institute for Public Strategies comments IPS stated that the census tract in which the project site is located is currently over- saturated with regard to alcohol licenses and that it is close to a residential neighborhood (there are residences 100-150 feet to the east across Osborne Street). IPS recommends, should the permit be approved, that no single -serves be sold, all employees receive Responsible Beverage Service and Sales (RBSS) training, and that distilled spirits not be permitted (a Type 20 — beer and wine only — rather than Type 21). No single -serves and RBSS training are standard conditions for alcohol CUPS and are included with this staff report. Comments were also received from the Engineering Division (street improvements) and Fire Department (Fire code compliance). All comments are attached for your review. If approved, proposed Conditions of Approval have been included limiting the hours of alcohol sales as well as standard alcohol permit conditions limiting how alcohol is sold, in what quantities and by whom. These Conditions of Approval controlling the sale of beer and wine will reduce any potential for adverse effects. Additionally, the City has the authority to revoke a Conditional Use Permit if the approved Conditions of Approval are not adhered to. Summary The expansion and remodeling of this property will have a positive impact on the business climate in the area. The upgrade of the business is consistent with General Plan policies emphasizing the rehabilitation and improvement of older buildings and businesses. The addition of alcohol sales would add to the viability of the business and, more importantly, be conditioned in such a way as to ensure responsible sales practices. In contrast to other non -conforming businesses in the area, Valero will be subject to the most recent Conditions of Approval. However, both PD and IPS are against the issuance of a permit for distilled spirits. 6 RECOMMENDATION Approve 2011-16 DSP, CUP subject to the conditions listed below, based on attached findings; or Deny 2011-16 DSP, CUP based on attached finding/findings to be determined by the Planning Commission; or 3. Continue the public hearing to a specific date. ATTACHMENTS 1. Recommended Findings for Approval/Denial 2. Recommended Conditions 3. Location Map 4. Department & Agency comments 5. Census Tract Map and Police Beat Map 6. Notice of Exemption 7. Public Hearing Notice (Sent to 176 property owners and occupants) 8. Community meeting notification, sign in sheet and minutes 9. Site Photos 10. Applicant's Plans (Exhibit A, case file no. 2011-16 DSP, CUP, dated 4/7/2011) MARTIN REEDER Assistant Planner MARYAM BABAKI Development Services Director RECOMMENDED FINDINGS FOR APPROVAL 1. That the site for the proposed use is adequate in size and shape, since the addition to the existing mini -mart can be adequately constructed on the lot with all required setbacks and parking needs met. 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 gas station is existing and the expansion of an existing mini -mart and the addition of alcohol sales is not expected to result in an appreciable increase in traffic. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the mini -mart already exists and is located in a developed commercial area. Also, conditions of approval controlling the sale of alcohol will reduce the potential for adverse effects. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will contribute to the viability of the service station, an established and allowed use in the applicable commercial zone. That the design enhancement of the property will contribute to the viability of an existing older business and to other local businesses along the National City Blvd. commercial corridor. 6. That the project complies with the maximum height, minimum setback, maximum floor -area -ratio, maximum density (where applicable), minimum build -to -line, and minimum parking requirements and standards of the Specific Plan. 7. That public convenience and necessity may be served by the proposed use of the property for the retail sales of alcoholic beverages pursuant to law. RECOMMENDED FINDING FOR DENIAL 1. That the proposed use is not deemed essential and desirable to the public convenience and welfare, since the area is already served by businesses which sell beer, wine and distilled spirits for off -site consumption and since there is an over - concentration of off -sale alcohol licenses in census tract 114.00 in which the subject property is located. 2. That public convenience and necessity is not served by the proposed use of the property for the retail sales of alcoholic beverages pursuant to law. 8 RECOMMENDED CONDITIONS OF APPROVAL General 1. This Conditional Use Permit authorizes the 820 square -foot expansion of a mini -mart and for the sale of beer, wine and distilled spirits for off -site consumption at the Valero at 10 Osborn Street. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform with Exhibit A, case file no. 2011- 16 DSP, CUP, dated 4/7/2011. 2. 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 Division. 3. 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. 4. 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. 5. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. 6. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Development Services Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Development Services Director prior to recordation. Building 7. Plans submitted for construction shall comply with the 2010 editions of the Califomia Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and Green Codes. Engineering 8. The owner shall remove and replace all sidewalks as marked out in the field. 9. The owner shall remove and replace the existing alley apron located near the southwesterly property corner as marked out in the field. 9 10. The owner shall remove the existing speed hump that was placed in the alley on the westerly side of the property. 11.AII monitoring wells existing on site shall be protected in place. Fire 12. Approved fire extinguishers shall be installed to include the new proposed portion of the tenant improvement described as containing 2,382 square feet. Planning 13. A detailed landscape and underground irrigation plan, including plant species, methods of planting, etc. shall be submitted for review and approval by the Planning Director prior at building permit. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices, as well as details for hardscape on site, including parking lot striping. The plans shall also show details for the trash enclosure, including a door and cover. The finish of the trash enclosure shall be painted to match the mini -mart building on site. 14. The sale of alcoholic beverages shall be limited to between the hours of 6:00 a.m. and 12:00 a.m. seven days a week. 15. Alcohol products, not including distilled spirits, stored outside of the coolers shall be located on the shelving unit farthest from the front doors. All distilled spirits shall be stored in a locked cabinet/container behind the cashier's station at all times. 16. Coolers containing alcohol products shall be locked and made inaccessible to the public between the hours of 12:00 a.m. and 6:00 p.m. 17. The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited. 18. No beer and malt beverage products shall be sold of less than six-pack quantities per sale. There shall be no sale of single cans or bottles. 19. No sale of wine or distilled spirits shall be sold in containers of less than 750 milliliters. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. 20. Flavored malt beverages, also known as premium malt beverages and flavored malt coolers, and sometimes commonly referred to as wine coolers, may be sold only by four -pack or other manufacturer's pre -packaged multi -unit quantities. 21. Permittee shall post signs on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code. Additionally, the permittee shall post signs, to be approved by the Planning Division, at each entrance to the applicant's premises and parking lot, prohibiting loitering and consumption of alcohol on the premises and adjacent property under his control. Said signs shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height. The signs shall read as follows: a. "No open alcoholic beverage containers are allowed on these premises." b. "No loitering is allowed." 10 22. The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking lots and outbuildings and any property or adjacent property under the control of the applicant. 23. All cups and containers shall be sold at or above prevailing prices and in their original multi -container packages of no fewer than 12, and no cups and containers shall be given free of charge. 24. Ice may be sold only at or about prevailing prices in the area and in quantities of not less than three pounds per sale. Ice shall not be provided free of charge. 25. Containers of distilled spirits may not be stored on the premises, after being sold to patrons, for the purpose of later consumption. 26. 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. 27. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand. 28. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. Police 29. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, display and marketing or merchandising of alcoholic beverages. 11 DEVELOPMENT SERVICES DEPARTMENT ENGINEERING DIVISION Conditional Use Permit Comments and Recommendations Case File Number: 2011-16 Date: April 21, 2011 Location: 10 Osborne Street zy By: Charles Nissley The following listed items are required for the CUP Case File No. 2011-16. 1. The owner shall remove and replace all sidewalk as marked out in the field. 2. The owner shall remove and replace the existing alley apron located near the southwesterly property corner as marked out in the field. 3. The owner shall remove the existing speed hump that was placed in the alley on the westerly side of the property. All monitoring wells existing on site shall be protected in place. 12 City of National City Fire Department Phone (619) 336-4550 i Planning Department Plan Review i Date: Project: Reviews: April 25, 2011 10 Osborn Ave R. Hernandez/Fire Marshal Listed plan corrections related to the National City Fire Department. If you have any questions please call (619) 336-4550. Please be advised: A fire Department permit will not be issued unless all corrections are completed and approved. 1) Project shall be built to code. 2) The National City Fire Department utilizes all current codes and ordinances. A time of submittal, we are using the 2010 edition of the California Fire Code and the 2010 editions of NFPA. 3) Approved fire extinguishers shall be installed to include the new proposed portion of the tenant improvement described as containing 2,382 square feet Note: Approval for final sign -off shall be contingent upon final field inspection and compliance with all applicable codes and ordinances 13 National City Police Department Memorandum TO: Chief Adolfo Gonzales FROM: Sergeant Graham Young DATE: May 27, 2011 SUBJECT: Conditional Use Permit (CUP-2011-16) for the sale of beer, wine and distilled spirits at Valero Gas Station— 10 Osborne Street, National City. This Conditional Use Permit application is for a Type 21 ABC License at 10 Osborne Street, in National City. The application indicated that the applicant would like to sell beer, wine and distilled spirits. There is no mention of a restricted time period of sale; therefore they would have to comply with State regulations of selling alcohol from the hours of 6:00 a.m. to 2:00 a.m. To the best of my knowledge, there is no other gas station that has a Type 21 ABC license in National City that would allow them to sell "distilled spirits." On May 25, 2011, I conducted a site survey of the proposed location the proximity to other ABC licensed establishments within a quarter mile of the location. I found during this site survey that there is one other Type 21 License located directly across the street — 110 Liquor Store. The location of the gas station next to the on ramp of northbound and southbound Interstate 5 is a concern for drinking and driving once a sale has been made, especially for the request for selling distilled spirits. Currently the City of National City has a total of 100 "On -sale" and "Off -sale" alcohol selling establishments. This equates to 11.7 alcohol selling establishments per square mile within the City. The Department of Alcohol Beverage Control, (ABC) has only four enforcement personnel to cover regulation enforcement operations in the geographic area south of the Interstate 8, leaving municipal agencies to conduct enforcement of ABC regulations situated in their own jurisdictions. Until the end of the current budget crisis and the Police Department can hire enough officers to facilitate a dedicated unit to police and regulate establishments possessing an ABC license, it makes regulating these ABC Licensed businesses extremely difficult and a burden on regular patrol units. Respectfully Submitted, Sergeant Graham Young National City Police Department 14 South Bay community change project A Program of The institute For Public Strategies Environmental Scan National City Valero 10 Osborn Street National City, CA 91950 Scan Completed: 04/25/2011 schools loc: 10 Osborn St. ilaiionai City, CA 91950 Searcl: lAala�. zY Dsr.ii t s ti6;. r,1eits Sabots Eletnetttary School - ._ _.- _ 1a44 South d(sth Street. San Diego OA tA.1942^3-3151 "_..• .. intectrlv Charter School 701 Natr oat Gty Boulevard National City.. fA t.F95 336-N.:03 i. 'Every ;.ear I has Ceaa :rare than happy :•;ith the inrocem rat. CENTRALSCHOOL>: 933 E At.e. Habana! Gay CA 335-710ri . -. '9 carnet evait until this pear is fs;er se 1 ...as s0s4ch my' ads school ... So r1 Re lira i;atr:l;irtity School 300 Natianai Cie; 6a:leard>11t' htat:¢nal City CA hh Ce Chaye2.EI I.1erlarySchool 101tn::rl. ,f n.i. <:f rangy Can Coal Pst,lic Schools .....c 'S,N icsy.s �Zaxr�3aF.�3 "+ ,.•: This establishment is applying for a type 21 license (off sale general/package store) which authorizes the sale of beer, wine and distilled spirits for consumption off the premises where sold. The business is located on the southeast side of Osborn Street (before it turns into National City Blvd to the south) and within 100 feet west of Interstate 5. The area is situated between a Large residential community to the east, mixed business district to the south, military installation to the west, and mixed industrial/residential area to the north. Within 50 feet of the business are Shell Gas Station (north), One Ten Liquor and Market (south) which is a type 21 license, a paint and body shop (across/diagonal the street southeast), a residential neighborhood (east). 32°d Street U.S. Naval Station is 1/8th mile west. There is a constant flow of vehicular traffic, including mass transit. Funded by the San Diego County Health and Human Services Agency, Alcohol and Drug Services 303 H Street Suite 390 Chula Vista, CA 91950 Phone: 619.476.9100 Fax: 619.476.9104 www.publicstrategies.org 15 South Bay community charge project A Program of The Institute For Public Strategies Census Tract Data for 114.00 (ABC, 2009) 114.00 (Business Address Tract per U.S. Census 2000) 38.00 (Immediate Adjoining Census Tract: North of tract 114.00) 36.03 (Immediate Adjoining Census Tract: Northeast of tract 114.00) 118.01 (Immediate Adjoining Census Tract: East of tract 114.00) ABC Off Sale Allowable 3 5 3 3 ABC Off - Sale Actual 5 0 2 2 ABC Off -Sale Difference <• (Equation is # of Allowable minus # of Actual = n) -2 +5 +1 +l The allowable number of alcohol off sale license for census tract 114 is three (3); however, five (5) off -sale licenses have been issued. The establishment would be the sixth (6) alcohol off -sale license granted for the tract; three (3) more than currently allowed. Pictured Above: 10 Osborn Street, National City, CA 91950 Funded by the San Diego County Health and Human Services Agency, Alcohol and Drug Services 303 H Street Suite 390 Chula Vista, CA 91950 Phone: 619.476.9100 Fax: 619.476.9104 www.publicstrategies.org 16 South Bay community change project A Program of The Institute For Public Strategies The closest residence is 33 Osborn Street, approximately 50 feet from the front of the establishment's property. Integrity Charter School (kindergarten — 8th grade) is half a mile away and the closest school to the establishment. Residential Area: 50 feet east of the establishment. Business: 50 feet south of the establishment. Funded by the San Diego County Health and Human Services Agency, Alcohol and Drug Services 303 H Street Suite 390 Chula Vista, CA 91950 Phone: 619.476.9100 Fax: 619.476.9104 www.publicstrategies.org 17 South B.ay community change project A Program of The Institute For Public Strategies Transportation and Business: Interstate 5 is 100 feet west of establishment. Shell gas station is 50 feet north. Area is busy thorough fare for mass transit, business and personal vehicles traveling between I-5, 32' U.S. Naval Station, industrial area, downtown National City and residential communities. Recommendations: 1. Mandatory RBSS training for store manager and employees. 2. No single serve alcoholic beverages shall be sold. 3. Given the wide availability of liquor stores and distilled spirits available in National City, city may want to consider rejecting CUP for Type 21 license (beer, wine and distilled spirits) but indicate it would consider approving a CUP for a Type 20 license (beer and wine only). Funded by the San Diego County Health and Human Services Agency, Alcohol and Drug Services 303 H Street Suite 390 Chula Vsta, CA 91950 Phone: 619.476.9100 Fax: 619.476.9104 www.publicstrategies.org 18 RESOLUTION NO. 17-2011 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A DOWNTOWN SPECIFIC PLAN CONSISTENCY REVIEW AND CONDITIONAL USE PERMIT FOR THE EXPANSION OF A GAS STATION CONVENIENCE STORE AND THE SALE OF ALCOHOL FOR OFF -SITE CONSUMPTION AT 10 OSBORN STREET. CASE FILE NO. 2011-16 DSP, CUP APN: 559-020-29 WHEREAS, the Planning Commission of the City of National City considered a Downtown Specific Plan Consistency Review and Conditional Use Permit for the expansion of a gas station convenience store and the sale of alcohol for off -site consumption at 10 Osborn Street at duly advertised public hearing held on June 6, 2011, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2011-16 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 June 6, 2011, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the addition to the existing mini -mart can be adequately constructed on the lot with all required setbacks and parking needs met. 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 gas station is existing and the expansion of an existing mini -mart and the addition of alcohol sales is not expected to result in an appreciable increase in traffic. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the mini -mart already exists and is located in a developed commercial area. Also, conditions of approval controlling the sale of alcohol will reduce the potential for adverse effects. 19 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 service station, an established and allowed use in the applicable commercial zone. That the design enhancement of the property will contribute to the viability of an existing older business and to other local businesses along the National City Blvd. commercial corridor. That the project complies with the maximum height, minimum setback, maximum floor -area -ratio, maximum density (where applicable), minimum build -to -line, and minimum parking requirements and standards of the Specific Plan. 7 That public convenience and necessity may be served by the proposed use of the property for the retail sales of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes the 820 square -foot expansion of a mini -mart and for the sale of beer, wine and distilled spirits for off -site consumption at the Valero at 10 Osborn Street. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform with Exhibit A, case file no. 2011- 16 DSP, CUP, dated 4/7/2011. 2. 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 Division. 3. 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. 4. 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. 5. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. 6. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Development Services 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 20 holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Development Services Director prior to recordation. Building 7. Plans submitted for construction shall comply with the 2010 editions of the California Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and Green Codes. Engineering 8. The owner shall remove and replace all sidewalks as marked out in the field. 9. The owner shall remove and replace the existing alley apron located near the southwesterly property corner as marked out in the field. 10. The owner shall remove the existing speed hump that was placed in the alley on the westerly side of the property. 11.AII monitoring wells existing on site shall be protected in place. Fire 12. Approved fire extinguishers shall be installed to include the new proposed portion of the tenant improvement described as containing 2,382 square feet. Planning 13. A detailed landscape and underground irrigation plan, including plant species, methods of planting, etc. shall be submitted for review and approval by the Planning Director prior at building permit. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices, as well as details for hardscape on site, including parking lot striping. The plans shall also show details for the trash enclosure, including a door and cover. The finish of the trash enclosure shall be painted to match the mini -mart building on site. 14. The sale of alcoholic beverages shall be limited to between the hours of 6:00 a.m. and 12:00 a.m. seven days a week. 15. Alcohol products, not including distilled spirits, stored outside of the coolers shall be located on the shelving unit farthest from the front doors. All distilled spirits shall be stored in a locked cabinet/container behind the cashier's station at all times. 16. Coolers containing alcohol products shall be locked and made inaccessible to the public between the hours of 12:00 a.m. and 6:00 a.m. 17. The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited. 18. No beer and malt beverage products shall be sold of less than six-pack quantities per sale. There shall be no sale of single cans or bottles. 19. No sale of wine or distilled spirits shall be sold in containers of less than 750 milliliters. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. 20. Flavored malt beverages, also known as premium malt beverages and flavored malt coolers, and sometimes commonly referred to as wine coolers, may be sold only by four -pack or other manufacturer's pre -packaged multi -unit quantities. 21. Permittee shall post signs on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code. Additionally, the permittee shall post 21 signs, to be approved by the Planning Division, at each entrance to the applicant's premises and parking lot, prohibiting loitering and consumption of alcohol on the premises and adjacent property under his control. Said signs shall not be Tess than 17 by 22 inches in size, with lettering not less than one inch in height. The signs shall read as follows: a. "No open alcoholic beverage containers are allowed on these premises." b. "No loitering is allowed." 22. The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking lots and outbuildings and any property or adjacent property under the control of the applicant. 23. All cups and containers shall be sold at or above prevailing prices and in their original multi -container packages of no fewer than 12, and no cups and containers shall be given free of charge. 24. Ice may be sold only at or about prevailing prices in the area and in quantities of not less than three pounds per sale. Ice shall not be provided free of charge. 25. Containers of distilled spirits may not be stored on the premises, after being sold to patrons, for the purpose of later consumption. 26. 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. 27. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand. 28. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. Police 29. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, display and marketing or merchandising of alcoholic beverages. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that 22 meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of June 6, 2011, by the following vote: AYES: Alvarado, Baca, Pruitt, Flores NAYS: DeLaPaz, Farias, Reynolds ABSENT: ABSTAIN: CFIAIRWN 23 EXISTING SITE PLAN .ul.r„, Nnv Q,Er Evan n ou: v.navu ory VALE. D sr,nrn nD. sswE>.r _ Drar m r. ,NED.s3 7, 71„ 1140.0. No rtvaFDDME. R EN COMr i coniurn cnS,7„10n. nevi 4119E. FOOD 1+1..1 Si„ !OR M.FI n. G]iiPFll i[OVE.,,,,,,,, .. 1E0.1,:..,C.NmE001.1.51r.3a,„.D w,mrniirSr.w...n.1xo ]„a. SITE PLAN SHEET INDE w l4.i�m�ry e r DIVISION STREET EXHIBIT A NO, 2011-16 DSP, CUP CASE FILE DATE. 4/1712011 L. ^5�TJ0.. NNE N N ; SCQPF OF WORK ri^ire-��E ea„rrr„„ e.�e ni.r„ i.row:, AND rrrn;r.FrirrrE.Nrt EDa nrt main. IX auvcnto ms�mxa NLDL�I AN OE[vtl+IriC. i0.n6x ExCEMV.F nF 9xOvm Ox M[SrteEk, Wd*9:Yd44t7; uo ox,rNn s+' 2 eL'mVs ytr.,e'CC w ,Yr 0404 twYrrre 49444Y wrul/,‘ /��uuc ntL rie 5'�e. 10,14, �, :W .mrqµ rom VFu511L rKr,�LN T 9P5 cv r.�rru 49 Mt, wroMNRi ,MI511U' PMT.YT Sr:V /Hn ICl4 �V`uY AqP EXISTING FLOOR PLAN nnr Y xµ LV [[f N(Nl-; c 0W99W2 W614W 015 'c x n«¢w W Srr.@ kw eero t. f[IXJL R.NIS LMI711�Y >iC�l .2541E ��lGM F�F-ram,=�FCT N\ t>RMtfP L PROPOSED FLOOR PLAN AMMON) by ION & ADDITION (it: 4 ELEVATION KEY NOTES IrviECRnL CDLORED OF, )'LJ, PRCOL,15 Pa43Mn WPv �2 '/ Iv1f �RAL _CLCREC 51liCCO-EF>O STCCO PRODUCTS -338 �� Uu.-1REp 5,1{: VENEER (a) SIV LGD 'OFVYE iREA 3 3 -=%➢D Sit.000 PROD I, ,25 F,,RE41D �5 J u FA5:4 3µ330 40 05'3 >nn[L 52Ru (E) ntu F/Stu V4Ell) .ry,0 CON, Pk, $`tifu JN_W STUCCO iVE,S. EVISIN0 OR. 0N7E8 P3WI SA, A5 ALUM. 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NOW 04ANGL RHAPNPERIN INTWA Non RAMAN:WC IICUSiPoN 1pt551UM eAY- LUE PPE,' r:77—J1 c.-.N+s=ECIeS rc.:un5 i..1ANu SITE $li locx s GAL GAT. rNOM Ebro M''vIMUM DISTANCE TC ST2E_T TREES TRAFFIC 51G4A.S ;STOP SIGN'-EG reel LINDERCROINC UTILITY LINES - 5 TB ABCYE GROUND NTJTY STRUCRIRE5 -10 'eel JRIVENAY(ENTRIES)-10 ,`eel NEFASECTION5 ( 1nr._e.4114R EQW linen or r. eeef) SEMER -10 reel NOIE> VN. LANDSCAPE AND 0PCATICN AREAS SN ALL COMPLY \1Th _ OR CF RAT10Y.L CRT./ _AND ]EVE CI'MENI 0004 IANDSCAPL REGULATE CND THE LAND DEVE_OPME41 MANUAL. ANDSC4PE NTANDARD 1HE CRIALIUNITIES 4LANNEN DISTRI11 ORDINANC- ANC A-L OTHER CITY AND REG ONAL STANDARDS. i_NILLOW ALLPEW/1REn PLANTING AREAS SHALL EE CJVEREJ WI H MULD.H TD NIN. DEG, D 2". ENGLVLING ELDRES REQUIRI4. RE.ECETATIDN AND AREAS PLANTED WI"1 GRWNDCJITR. ALL EYP05E0 SOIL AREAS 01"005T VEGETATION SHALL 4450 BE MULCH TO 11-.015 u'.N. DEW, E. ALE GRADED ,DISNRB`C 0R ERODED AREAS -HAT M.L NOT 3E PERMANENTLY PAVED OR COVERED 8" STRUCTURES SHALL BE PERMANENTLY RE/VENERATED AND IRR,GA-'D ANC ACCORCANCE W1H THE STANDARD, N:LIE LAND DEVELOPMENT MANUAL. MAINTE -E: ALT. REQUIRED LANDSCAPE AREAS SMALL jE MAINTAINED BY CNNER. THE LANDSCAPE AREAS SN ALL BE NAIN AWED FREE OF DEBRIS AND l!T7R AND AL PUNT Id ATERIAL SHALL BE MAINTAINED N A NE ALT, G40011, CDNJI N4N DISEA EC OR SCAB WANT MATERIAL SHATL' BE SAIINEAL'O4ILY 'WANED OR REPLACED PER THE CONDITIONS OF THE PERMIT. .'i. RRIGATIONI AN AI: TDMA1C, E_EGIRI GA_LY GONTRGLLED IRRIGATION SYSTEM BHAL. BE PR0v0ED AS REQUIRED FOR PROPER IRRIGATION CEVELOPME4T, AND MAINTENANCE OF THE VW::TAB0M1 IN A 1EALTHY DISEANE-REDVDTANCE CDND'DON. THE 01,01. OF THE SYSTEM SHALL P9Oy10E ACECJAIE SUPPORI EJ.a THE VECSTA5SN 5E_E':1£D. ALL'P'LOP0EE0 1.RTOTNTADN RN.WEMF N15 L AN APPRCTED RAN 5 N UR 5HUTT) PE'10E. AN IRRIGATION :PRAY OENSEO WILL 5E USED AND BUBBLER. TREE ROJ BARRIERS ,ITAIL RE INSTAL, EO WHERE TREES AR' PLACED N1ThIN 51 el 0, PUB; IC MPRENDV,N15 WCILDING WALKS, CJ BS R STREET P VSMEN"S CR WHERE NEW PUBLIC UPROVETAENTS ARE WADED ADJACENT TO EN'VAN° TREES hE R0011E RRIE= ToLL r D1 ,RAP ARnuNO bE 1401 BALL ALL RoON DRAIN DW RCE ARE PIPE /Il.5A4 ne N 'e1x=N Cm TT 'n0Tre 1)4140 207Ev �.rN H, n NW, CONCEPTUAL LANDSCAPING PLAN DIVISION STREET )r----T1010 ANTI TILL OSBORNE STRE jo 0.011, L-1 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 21, 2011 AGENDA ITEM NO. 28 M TITLE: Keport — Proposition "D" Independent Committee PREPARED BY: Leslie Deese, Asst. City Manager PHONE: 336-4240 EXPLANATION: See attached Staff Report DEPARTMENT: City Manager APPROVED BY. < /1 o)u FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: • Mayor & City Council — Initiate Prop. D Independent Committee selection process to meet the statutory deadline; • Review and approve staff preliminary report to Committee; • Direct City Manager's Office and City Attorney to work with Committee as needed. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: f Report onal City Ordinance No. 2006-2278 (Attachment 1) Draft Report/Executive Summary from 2/5/11 Planning & Budget Workshop (Attachment 2) STAFF REPORT: PROPOSITION "D" INDEPENDENT COMMITTEE Faced with a widening gap between revenues and the costs of running the City (a "structural deficit"), which forced a reduction in City programs and services, the City Council twice voted unanimously to place sales tax measures before the voters. • Proposition "B" One Cent Sales Tax Failed - November 8, 2005 • Proposition "D" One Cent Sales Tax Passed - June 6, 2006 • Proposition "M" Override One Cent Tax Failed — November 4, 2008 Proposition "D" was passed by 59% of National City voters on June 6, 2006. The measure increased the local sales tax one percent from 7.75% to 8.75% for a period of up to ten years. On April 1, 2009, the State sales tax rate increased by 1%, resulting in a rate of 9.75%. Sales Tax Allocation 7% - State of California; .75% - County of San Diego; 2% - National City Passage of Proposition "D" allowed for the restoration of City services to the community for the duration of this period while replacement and/or additional revenue streams are identified and implemented. Pursuant to Ordinance No. 2006-2278 (Attachment 1), Proposition "D" provides that every five years, the Mayor, with the approval of the City Council, shall appoint an independent committee comprised of three experts in financial matters who will report their recommendation to the Mayor and City Council as to whether the transaction and use tax should remain in effect at the rate of one percent, or whether the City Council should reduce the rate of tax or terminate the imposition of the tax. Proposition "D" became effective October 1, 2006. Every fifth year is October 1, 2010 — September 30, 2011. Given that the end of the fifth year is approaching, it would be appropriate at this time to begin the appointment process to form the committee. The Independent Committee will advise of its staffing needs, financial data and other informational needs so that they can perform their tasked duties. Anticipating these needs, City staff will assemble documentation that will be provided to the committee members once they have convened. The documentation will include historical and current data, preliminary reports and statistics pertaining to: • City Finances • Public Safety • Library • Cost-cutting & Reform • Development & Revenue At the February 5, 2011 Planning & Budget Workshop, the City Council considered a draft report (Attachment 2) that was submitted in advance of convening the Proposition "D" Independent Committee. The following excerpt from the report clarifies the wording contained in the ordinance. "Every five years..." Proposition "D" became effective October 1, 2006. Every fifth year is October 1, 2010 — September 30, 2011 "...the mayor, with approval of the city council..." This is the statutory procedure for making appointments in general law cities. The independent committee is subject to the Brown Act. "...shall appoint an independent committee..." "independent committee" — no councilmembers, board or commission members, or staff may be on the committee. "...three experts in financial matters..." The type of expertise will be determined by the Mayor and City Council. "...who will report their recommendation to the mayor and city council..." The committee's report will be presented at a public meeting. The recommendation to the Mayor and City Council is not binding. "...as to whether the transactions and use tax should remain in effect, or whether the city council should reduce the rate of tax or terminate the imposition of the tax..." The Mayor and City Council have three options: 1) Tax to continue at one percent; or 2) Reduce the rate of the tax; or 3) Terminate the tax. Staff Recommendations: • Mayor & City Council — Initiate Proposition "D" Independent Committee selection process to meet the statutory deadline; • Review and approve staff preliminary report to Committee; • Direct City Manager's Office and City Attorney to work with Committee as needed. ATTACHMENTS 3 ATTACHMENT #1 ORDINANCE NO. 2006 — 2278 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING CHAPTER 4.60 TO THE NATIONAL CITY MUNICIPAL CODE TO IMPOSE A TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION BE IT ORDAINED by the People of the City of National City as follows: Section 1. That Title 4 of the National City Municipal Code is hereby amended by adding 'Chapter 4.60 to read as follows: Chapter 4.60 TRANSACTIONS AND USE TAX Sections: 4.60.010 Title 4.60.020 Definitions 4.60,030 Operative date 4,60.040 Purpose 4.60.050 Contract with State Board of Equalization 4.60.060 Transactions tax rate 4.60.070 Place of sale 4.60.080 Use tax rate 4.60.090 Adoption of provisions of state law 4.60.100 Limitations on adoption of State law and collection of use taxes 4.60.110 Permit not required 4.60.120 Exclusion; exemptions 4.60.130 Permissible uses 4.60.140 Amendments 4.60.150 Enjoining collection forbidden 4.60.160 Severability 4.60.170 Expiration 4.60.180 Independent committee 4,60.010 Title. This chapter shall be known as the "City of National City Transactions and Use Tax Ordinance". This ordinance shall be applicable in the Incorporated territory of the City: 4.60.020 Definitions. As used in this chapter, "City" means the City of National City and "tax" means the transactions and use taxes, sometimes also referred to as "sales tax", imposed under the provisions of this 'ordinance; "tax revenue" and "tax revenues" mean all proceeds of the tax received bythe City from the State Board of Equalization. 4.60.030 Operative date. "Operative date" means the first day that the tax is imposed and collected. The operative date shall be October 1, 2006, unless a later operative date becomes effective under the provisions of Section 4.60.050. 4.60.040 Purpose. This ordinance is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes: A. To impose a retail transactions and use tax in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part 1.7 of Division 2 which authorizes the City to adopt this tax ordinance which shall be operative if a majority vote of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose. B. To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code. C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefore that can be administered and collected by the State Board of Equalization in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the State Board of Equalization in administering and collecting the California State Sales and Use Taxes. D. To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this ordinance. 4.60.050 Contract with State Board of Equalization. Prior to the operative date, the City shall contract with the State Board of Equalization to perform all functions incident to the administration and operation of this transactions and use tax ordinance; provided, that if the City shall not have contracted with the State Board of Equalization prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract. 4.60.060 Transactions tax rate. For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of 1 % (one percent) of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the operative date of this ordinance. 4.60.070 Place of sale. For the purposes of this ordinance, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the State Board of Equalization. 4.60.080 Use tax rate. An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the operative date of this ordinance for storage, use or other consumption in said territory at the rate of 1% (one percent) of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made. 4.60.090 Adoption of provisions of state law. Except as otherwise provided in this ordinance and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this ordinance as though fully set forth herein. 4.60.100 Limitations on adoption of state law and collection of use taxes. In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code; A. Wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor. However, the substitution shall not be made when: 1. The word "State" is used as a part of the title of the State Controller, State Treasurer, State Board of Control, State Board of Equalization, State Treasury, or the Constitution of the State of California; 2. The result of that substitution would require action to be taken by or against this City or any agency, officer, or employee thereof rather than by or against the State Board of Equalization, In performing the functions incident to the administration or operation of this Ordinance. 3. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to: a. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or; b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code. 4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code. B. The word "City" shall be substituted for the word "State" in the phrase "retailer engaged in business in this State" In Section 6203 and in the definition of that phrase in Section 6203. 4.60.110 Permit not required. If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not be required by this ordinance. 4.60.120 Exclusion; exemptions. A. There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley- Bums Uniform Local Sales and Use Tax Law or the amount of any state -administered transactions or use tax. B. There are exempted from the computation of the amount of transactions tax the gross receipts from: 1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively In the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government. 2. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of safe, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied: a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out -of -City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and b. With respect to commercial vehicles, by registration to a place of business out -of -City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address. 3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance. 4. A lease of tangible personal property which Is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this ordinance. 5. For the purposesof subparagraphs 3 and 4 of this subsection B, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised. C. There are exempted from the use tax imposed by this ordinance, the storage, use or other consumption in this City of tangible personal property: 1. The gross receipts from the sale of which have been subject to a transactions tax under any state -administered transactions and use tax ordinance. 2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hlre or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided In Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California. 3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance. 4. If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this ordinance. 5. For the purposes of subparagraphs 3 and 4 of this subsection C, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or !ease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised. 6. Except as provided in subparagraph 7 of this subsection C, a retailer engaged in business in the .City shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer In the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer. 7. "A retailer engaged in business in the City" shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City. D. Any person subject to use tax under this ordinance may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax. 4.60.130 Permissible uses. The revenues of the tax shall be deposited in the City's general fund and may be used for any legal municipal purpose. 4.60.140 Amendments. All amendments subsequent to the effective date of this ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this ordinance, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this ordinance. 4.60.150 Enioinina collection forbidden. No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevent or enjoin the collection under this ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected. 4.60.160 Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. go 4.60.170 Expiration. The authority to levy the tax imposed by this Chapter shall expire ten (10) years from the Operative Date, unless the City Council prior to that date determines that the levy and collection of the tax is no longer necessary, in which case the City Council has the authority to reduce the rate of tax, or to terminate the imposition of the tax. The City shall immediately notify the State Board of Equalization in writing in the event that the tax is reduced or terminated. The operative date of such rate reduction or termination shall be the first (15t) day of the first (15t) calendar quarter commencing more than one hundred and ten (110) days after the Board of Equalization receives such notice of termination. 4.60.180 Independent committee. Every five (5) years the Mayor, with approval of the City Council, shall appoint an independent committee comprised of three (3) experts in financial matters, who will report their recommendations to the Mayor and City Council as to whether the transaction and use tax should remain in effect at the rate of one percent (1 %), or whether the City Council should reduce the rate of tax or terminate the imposition of the tax pursuant to Section 4.60.170. Section 2. This ordinance, following its adoption by at least 4 affirmative votes of the City Council and its publication, shall become effective upon the approval of the tax imposed hereunder by a majority of the voters of the City voting thereon at an election called for that purpose. The "operative date" of the tax imposed hereunder shall be as provided in Section 4.60.030. PASSED and ADOPTED this 7th day of February, 2006. Nickfnzunza, Mayor ATTEST: Mic ael R. calla City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on February 7, 2006, by the following vote, to -wit: Ayes: Councilmembers I nzunza, Morrison, Natividad, Parra, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City, of National City, California rk of the City o$'iational City, Califomia By: Deputy I HEREBY CERTIFY that the. foregoing ordinance was adopted on February 7, 2006, under the provisions of Section 36937 of the California Government Code. (FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each member of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of ORDINANCE NO. 2006-2278 of the City Council of the City of National City, passed and adopted by the Council of said City on February 7, 2006. City Clerk of the City of National City, California By: Deputy ATTACHMENT #2 Executive Summary: Proposition "D" Transaction and Use Tax This draft report is submitted in advance of convening the Proposition "D" Independent Committee pursuant to Ordinance No. 2006-2278. Proposition "D" was passed by 59% of voters on June 6, 2006. The measure increased the local sales tax one percent from 7.75% to 8.75% for a period of up to ten years. Passage of Proposition "D" allowed for the restoration of City services to the community for the duration of this period while replacement and/or additional revenue streams are identified and implemented. • Does not apply to medicine, non -prepared food (groceries), rent, mortgage, or utilities. Does not apply to cars, planes, motorcycles and boats unless you are a National City resident (per State law) Why is National City Struggling Financially? As the City prepared its annual budget for fiscal year 2004-2005, a $4 million structural deficit in the General Fund was projected. The General Fund pays for basic City services, such as police, fire, parks, library, code enforcement, graffiti control, and planning, among other things. It is key to note that other City funds such as Street, Sewer and Transportation were fiscally solid; however, such funds are "dedicated" funds and not available for General Fund purposes. Likewise, for the same reason, Community Development Commission funds cannot be used for such purposes. Over a two-year period, financial information was shared openly and consistently with residents and the business community. A significant portion of the deficit was due to circumstances beyond the control of the City. The State of California was in the midst of a fiscal crisis, which resulted in increased take- aways from local governments. National City lost over $2 million in FY 2005-06 alone. Also, during this same period, CaIPERS, through which the City provides retirement benefits to Police, Fire and other employees, also watched their investments plummet and in turn, increased agency assessments. During this time, National City was hit with a $5 million increase in our CaIPERS rates. The City Council chose to pay the rates in full, as opposed to other agencies that chose alternate methods of financing their increased rates. We were also contractually obligated to honor a 2002 negotiated enhanced employee benefits contract from 2002 with CaIPERS and three employee unions. National City has unique financial constraints. The City is small in area with just 8.5 square miles and is almost completely built out, so new development can't substantially boost revenues. The City's industrial waterfront and its associated revenues are under the jurisdiction of the San Diego Unified Port District, with little benefit to the General Fund. National City levies no utility user tax and property turnover is the second slowest in the county, so property tax revenues are relatively stagnant. Page 1 { 6/8/2011 The 2005-2006 budget was $6.7 million out of balance before the City closed the gap with reserves and other one-time revenue sources. The majority of that imbalance was again due to state take-aways and pension obligations. As a temporary measure, City services were cut by 20% across the board for a savings of $984,000 and a hiring freeze was instituted affecting 51 General Fund positions in 13 departments, including 17 police and fire personnel. Policy direction was sought to deal with the structural deficit. The challenge was to either decrease services or find a way to increase revenues. For a long-term solution, the City Council directed staff to look for the fairest way to increase revenue. The recommended solution was an increase in the sales tax as both residents and visitors to the City would share the burden, as opposed to property, parcel or utility user taxes that would only apply to residents. The sales tax would not affect prescription medicine, groceries, or rent, thereby giving some reprieve to the City's lower income population. The City Council then twice voted unanimously to place the measure on the ballot. Proposition B failed in November 2005, while Proposition D, this time with a ten-year sunset clause, passed in June 2006. Despite the passage of Proposition D, subsequent City budgets have continued to close with structural deficits ranging between $3 - $7 million. The deficits have been filled through one time funding transfers, reductions in departmental expenditures, not filling vacant positions and utilizing contingency reserves. Where is National City Today? National City is weathering the worst economic climate since the Great Depression. Negative fiscal impacts have been felt globally, nationally, regionally and locally. Car and lumber sales have significantly decreased which directly impacts National City's revenues. While the Bradley Burns Sales Tax has been steadily declining going from a high of $16.5 million in 2004 to a low of $8.7 million in 2010, the District Sales Tax has been stable and funds continue to be segregated. The $7 to $9 million projection is on target as shown below. $18,000,000 $16.5 $16,000,000 $14.9 $13.7 $14,000,000 $14.7 $11.9 $11.8 $12, 000, 000 $10, 000, 000 $8,000,000 $6,000,000 $4,000,000 $2, 000, 000 $0 2003 2004 2005 —ff—Sales Tax --0—District Tax $5.9 $9.1 $8.7 $8.9 $8.5 $8.1 $7.9 $8.1 2006 2007 2008 2009 2010 2011 Pagel2 6/8/2011 National City is in good financial condition despite the difficult times. The City continues to receive clean financial audits and its Standard & Poors rating remains at A. We continue to pursue revenue enhancements and diversity, have limited General Fund debt and bonding capacity is available for the CDC. The City Council's stated priority of Fiscal Sustainability is being achieved through cost containment, efficiency, revenue growth and diversity, building reserve levels, reviewing our retirement obligations and implementing new employee contribution programs, 10-year financial trending, conservative forecasting and completed audits as required by law with minimal findings, and assuming limited debt. Prior to the passage of Proposition D, several Council and Administrative actions were taken to assist in balancing the budget, attain fiscal sustainability, and provide for efficient and transparent government. An employee -driven committee was established to brainstorm ideas to reduce internal costs. The Cost Reduction and Revenue Efficiency (C.A.R.E.) Committee publishes quarterly newsletters to encourage voluntary participation in such endeavors. The C.A.R.E. Committee also solicited cost saving ideas from all City employees which resulted in approximately 900 suggestions, many of which have been implemented or are under review. The Purchasing Review and Position Review Committees were established to affirm fiscal responsibility in purchasing and hiring practices. In 2006, the City Council directed that the previously independent redevelopment agency be under the City Manager. The merger resulted in the elimination of redundant managerial positions, which along with the flatting of executive and management positions from City departments, has resulted in additional savings. The City of National City continues to make significant strides. In an effort to maximize the cost savings for the City and minimize the impact to the community, the City has improved efficiency and taken new and innovative steps to cut costs, increase and implement new programs, and actively seek grant funding. The citizens voted on Proposition D with a focus on public safety and quality of life, and in particular the Library. At the City Manager's direction, departments were requested to provide information on what National City has done since Proposition D's passage in 2006 with an emphasis on significant accomplishments and programs, cost cutting measures and revenue enhancements. This information is provided as backup and a sampling of these efforts follows. Significant Accomplishments: Public Safety The City Council's commitment to public safety, despite difficult fiscal challenges, has allowed the police and fire departments to continually make significant strides in improving service to our residents. By aggressively seeking grants, new and technically advanced vehicles and equipment has greatly reduced the impact on the General Fund. Safety has continually improved since 2006 as can be seen in the accomplishments that follow. Page/3 6/8/2011 A. Police Department: Crime rate has dropped twenty-five percent since 2006 Zero DUI traffic fatalities since 2006 14 months without a single homicide (2008-09) Public Safety Cameras installed at key locations (2006) Hiring of 5 additional police officer positions was approved by City Council (2008) 22 vehicles added to the City's fleet totaling $619,000 obtained through grant and asset seizure funds (since 2006) Received $354,079 grant/asset seizure for a state -of -the art Mobile Command Vehicle (2008) Police Storefront opened at Plaza Bonita Mall (2009) • Homeless Outreach Prevention & Enforcement (HOPE) Grant for $95,000 (2010) B. Fire Department: • New $7.2 million award winning, state-of-the-art Fire Station • Improved emergency response times and enhanced level of medical first responders • Paramedic/Firefighters on all shifts and companies • New Aerial fire truck added to our fleet at a cost of approximately $1 million of which $248,456 is in grant funding (2009) • Lower Sweetwater Fire Board agreed to purchase National City a new $513,880 fire engine at no cost to the City • First Community Emergency Response Team (CERT) Academy — grant funded Quality of Life: The Mayor and City Council have emphasized improving the quality of life in National City by investing in the community. During the last six years, millions of dollars in grants and other alternate funding sources were secured to build and/or refurbish a variety of civic buildings including a new fire station, public library, pool, education center, marina and aquatic center; and a refurbished art center. Pagel4 6/8/2011 C. Public Library The National City Public Library has implemented new programs, making it a thriving community place buzzing with activities, where residents from all walks of life can come every day to learn, use resources, or simply enjoy programs. Despite budget reductions, the Library continues to offer high quality service and best of all, at no cost to our patrons. • $19 Million award winning, state-of-the-art Public Library, funded by General Obligation Bonds, Prop 14, tax increment and public and private funds • In 2009, the National City Public Library was named one of 15 California "American Star Libraries" • In 2010, the National City Public Library was named one of 16 California "American Star Libraries" The City Council's priorities of public safety and quality of life were able to be met as a result of Proposition D revenues. Significant achievements were achieved in the delivery of critical services and programs, technology and communication as can be seen below. D. Community Services National City prides itself in providing high quality facilities, services and cost effective programs which enhance the quality of Life and encourage healthy living for residents enduring difficult financial times. We strive to provide excellent customer service and planning for the City's open space and facilities, and celebrate the community's diversity through social, cultural, and civic activities for youth, adults and senior citizens. • Municipal pool renovation totaling $2 million (2007) Paradise Creek Educational Park totaling $1,600,000 (2007) • New Skateboard park totaling $200,000 (2008) • Park facilities renovation, including little league score shacks, park restrooms, benches) totaling $1.2 million (2009) • Senior Nutrition Center construction/walk-in freezer project completed (2010) • El Toyon Multi-Use/Soccer field totaling $1 million (2011) E. Information Technology Technology is a strategic asset enabling City staff to meet the expanding needs of the City of National City and its residents. The City has made significant strides in improving Page/5 6/8/2011 communication both internally and externally. Interpretation and Translation Services are provided at City Council meetings and City workshops and press releases and official notices are routinely provided in English and Spanish. Technology, communication and branding efforts have culminated into significant accomplishments as can be seen below. • Citizen friendly revamped National City Website (2008) • Library Wireless Access to the Internet for patrons (2010) F. City Clerk/Records Management • Coordinated update and adoption of City-wide Records Retention Management Program and Records Retention Schedule. (2008) Webcasting provides live video streaming and archive of City Council and Planning Commission meetings (2009) G. Development Services Provided plan check and inspections for Plaza Bonita Mall expansion (2006) • Highland Avenue Improvement Project (Phase I) 8th Street to 16th Street (2007) • Utility Overhead Wire Undergrounding Project (2007) • Use of Rubberized Asphalt Concrete (RAC) - National City recently began utilizing RAC for its $14.5 million street resurfacing program. National City has been one of the pioneers in San Diego County for the use of RAC and continues to benefit from the long term cost savings of this product while helping the environment. (2008) • National City Boulevard Streetscape & Fountain Plaza (2008) • Bay Marina Drive Widening Project (2009) • Partnership with City of Chula Vista in the temporary hiring of Chula Vista employees to serve as consultants ona number of construction projects for National City • Safe Routes to Schools Grant — Phase 2 (2010) • Adoption of Westside Specific Plan (2010) Page(6 6/8/2011 H. Redevelopment Division • Received $2.1 million CIWMB grant for remediation of Marina Gateway site (2005-2007) • Acquisition of Granger Music Hall and Kimball Museum (2010) • Remodel of former City Library for ILWU, Art Center and San Diego Repertory Theatre (2009) • Preparation for Westside Transit Oriented Development, a nationally significant affordable housing/smart growth/environmental justice project (ongoing). • Received $200,000 EPA grant for Westside Area wide Assessment (2007- 2010) • Received $130,000 EPA Brownfield Sustainability Pilot Grant for Westside Transit Oriented Development — one of five grants awarded nationally. (2010) I. Public Works Department • Replaced aging street sweeper with state -of -the art Regenerative. Air Street Sweeper which fully complies with air quality standards by decreasing emissions, capturing and replacing contaminated air created during street sweeping, and lowering the City's carbon footprint. (2009) Consolidated Civic Center vehicle fleet and Public Works fleet into a single vehicle pool resulting in overall savings in fuel and maintenance costs, extending useful life of the fleet, lowering the City's carbon footprint and making more vehicles available for City use. (2009) • City Council authorized the purchase of four Hybrid vehicles to augment the City's fleet, again lowering the City's carbon footprint (2009) National City was awarded an Energy Efficiency Conservation Block Grant in the amount of $561,700 to replace a 40-year old chiller currently used for cooling the Civic Center. (2009) Comprehensive energy retrofit program to upgrade aging facilities which includes but not limited to energy -efficient lighting, boiler and chiller replacement, cooling tower, HVAC retrofit, solar thermal installation for municipal pool, building automation system and streetlight retrofit. This will lower operating costs and improve energy efficiency. Estimated savings for the first year is approximated at $116,499. (2010) Pagel? 6/8/2011 J. Housing & Grants Division Established a First -Time Homebuyer Assistance Program (2010) San Diego Regional Enterprise Zone area expanded within the City of National City to include 99% of all commercial businesses (2010) K. Neighborhood Services 7-day graffiti abatement and code enforcement program (2008) Graffiti Tracker Program commencement to help document and track graffiti vandalism throughout the City that will assist in prosecution efforts leading to cost recovery (2011) L. Finance Department • Consolidated the financial records of the Community Development Commission's with the City's which created workload efficiencies. (2008) • National City was awarded California Society of Municipal Finance Officers Award for Outstanding Financial Reporting (2009) • National City was awarded the California Society of Municipal Finance Officers Award for Excellence in Operating Budget (2010) M. Human Resources • • An Employee Benefits Committee was formed with representatives from all three labor unions, management, finance and retirees to review the overall employee benefits package, specifically health and dental; to educate workforce on issues that impact health care rates, and involve the employees in making educated decisions on health care issues. (2008) The implementation of the Online Job Application System provides a paperless way to collect resumes, cover letters, contact details and other pertinent details from applicants in electronic form and streamline the City's hiring process. (2009) • Managed four rounds of labor negotiations. (2006-2010) Cost-Cuttinq and Efficiency Measures: The City of National City is engaged in continuous improvement, streamlining the organization to maximize efficiency and effectiveness, striking a balance between controlling costs and meeting the needs of the community. Page18 6/8/2011 The City has been innovative in its approach to creating efficiencies and savings. Since 2006, the City has provided its employees with one-time stipends rather than salary increases. Stipends allow for no retirement or ongoing impact to the City. In 2009, the City unblended retiree health care from active employees which allowed for no increase in cost benefits for that year. Additionally, in 2010, the City implemented a 40-hour Employee Work Furlough Program which resulted in an estimated $135,441 savings in salaries and approximately $12,000 in energy savings. Consolidating and Restructuring Departments and Divisions: The merging and restructuring of departments and divisions has allowed for streamlining activities resulting in substantial cost savings by reducing the number of department directors, eliminating duplicate and inefficient activities, providing cross training to staff, where it is possible to reallocate resources where they are most needed and therefore increasing the overall efficiency of the new department. • 2006 City Council directed CDC merger under purview of City Manager • 2008 The Building and Planning Departments were merged, eliminating a department director position • 2008 The Housing & Grants Division was created to better serve the residents by addressing a variety of housing and community needs • 2008 The Neighborhood Services Division was created with no new positions added • 2009 The Purchasing Division was consolidated into the Finance Department eliminating a managerial position • 2009 The Planning & Building Department merged with the Engineering Department, eliminating a department director position • 2010 The Parking Enforcement Program moved from the Police Department to the Neighborhood Services Division with no new positions added. • 2010 The Abandoned Vehicle Abatement Program moved from the Police Department to the Neighborhood Services Division with no new positions added. Since 2008, 14 executive and management level positions have been eliminated through consolidating and restructuring: Page/9 6/8/2011 Managed Attrition: As vacancies occur through normal attrition, non -essential positions have been frozen for salary and employee benefits savings. In June, 2009, the City introduced an Employee Voluntary Separation Program, an innovative hybrid, to create long-term salary and employee benefits savings resulting in the separation of 24 employees. To date, a total of 70 vacancies exist City-wide; of that number, 33 positions are frozen and/or unfunded and 37 positions are vacant. Pension Reform: Employee contributions total approximately $587,000, including the increased contributions effective July, 2011. 2006 No City employee contributed to their retirement. 2009 89% of City employees now contribute to their retirement. As of today, municipal employees (MEA) and confidential employees are contributing 3% of salary. February, 2009 Elected officials began contributing to retirement; July 2011 will pick up the full employee share of 8% July, 2009 Executive & management employees began contributing to cost of retirement system; July, 2011, will pick up the full employee share of 8%. July, 2009 POA began contributing 2% to the cost of retirement March, 2010 January, 2011 Retirement formula reduced for new employees hired into sworn police safety positions - A decrease from 3% @ 50 to 3% @ 55 Council action to reduce retirement formula for new employees hired into miscellaneous employee group - A decrease from 3% @ 60 to 2% @ 60 Other cost cutting and efficiency measures the City has implemented include: A. Fire Department • Paid portion of Fire Dispatch services with enhanced Franchise Fee resulting in General Fund savings of $119,988. (2010) B. Development Services Merging of Planning, Building and Engineering allowed for streamlining the development activities, creating a "one -stop" permitting counter, and substantial cost savings by reducing the number of directors, eliminating duplicate and Page AO 6/8/2011 inefficient activities, providing cross training to staff where possible, and promoting cost recovery. (2009) C. Public Library • Volunteer Assistance: Time donated by volunteers to assist with library programs and shelving FY 2006-07: 2,357 hours FY 2007-08: 3,408 hours FY 2008-09: 3,238 hours FY 2009-10: 2,583 hours FY 2010-11: 1,296 hours (from July -December 2010) D. Public Works Department • Staff Reorganizations — Street and Wastewater Supervisor positions were combined saving approximately $64,000 in salary and benefits per year (2007) Maintenance Worker position was transferred from the Street Division to the Wastewater Division saving the General Fund approximately $63,500 in salary and benefits per year (2011) • Vendor Negotiations — All vendors that supply automotive parts agreed to lower costs by an average of 10% (2010) - All service contractors and consultants agreed to hold their costs with no increases (2010) EDCO Disposal agreed to maintain their rates for National City users at the same levels with no increases (2009) • No increases in sewer rates to our residents since 2005 • Lowered water usage in City parks by 25% (2009) E. Housing & Grants Division Outsourced Economic Development Programs to National City Chamber of Commerce (2009) • Outsourced the Enterprise Zone Program operations to the City of San Diego (2010) • Outsourced the newly established First -Time Homebuyer Assistance Program to Community Housing Works (2010) Page s2, 6/8/2011 Revenue Enhancement Efforts: The revenues from Proposition D temporarily fixed the fundamental problem of more money going out than coming in. It also challenges National City to become proactive in building stable and diverse revenue sources within the several years to achieve financial sustainability. The last major revenue generating developments, Plaza Bonita Mall and the Mile of Cars, occurred over 20 years ago. Efficiency, vision and innovation are necessary to reverse the current stagnation. National City continues to pursue new, and enhance existing revenue sources to recover the costs of providing programs and services. Some of the projects designed to meet these needs are: • Marina Gateway Development - A $2.4 million dollar net investment in property tax increment yielded a $61 million dollar project, which is generating approximately $772,000 annually in redevelopment and municipal tax revenues beginning in 2010 and into the future. The project includes Pier 32 world class 241-slip marina, 170- room Sycuan Best Western Marina Gateway Hotel and Conference Center and Buster's Restaurant. • Plaza Bonita Mall - $134 million expansion which included a new Borders, AMC Theater, Target and additional stores and restaurants. • Paradise Village Senior Housing Project - 498 units were built making this project the largest residential project in National City's history A. Fire Department • Contract negotiations with Lower Sweetwater Fire District resulted in the establishment of a new Equipment Fund of $532,439. (2010) • American Medical Response (AMR) franchise fee enhancement - $120,000 (2010) B. Housing & Grants • Identified and reallocated $3,270,000 in CDBG and HOME program income (2009) C. Public Works Department • Working with the City of San Diego and the U.S. Navy to have San Diego bill the Navy directly and return sewer capacity of 0.782 MGD (million gallons per day) back to National City at a value of $1 million. (Multi -year audit with funds received in 2010) • Sewer Audit and Analysis has resulted in approximately $2 million of refunds from overcharges in sewer transportation and treatment (Multi -year audit) Page ,2,1- 6/8/2011 D. Finance Department • Internal Audit (1970-2007) of HUD Program income resulted in $3.3 million of recouped program income applied to City programs and facilities. (2008) • Refinanced Commercial Paper to Build America Bonds creating an immediate increase in cash flows for street related activities ($4 million) (2011) Grant Funding: The City of National City continues to aggressively seek grant funding to continue to build on our success. Grant funding has provided the City with millions of dollars to enhance public safety, disaster preparedness, technology as well as supplement equipment, vehicles, quality of life, recreation needs to improve the qualify of life for our residents, businesses and visitors to our community. Proposition D Independent Committee: LEGAL REQUIREMENTS OF PROPOSITION D Analysis of Section 4.60.180 of the National City Municipal Code (part of Prop. D) Proposition "D" provides that every five years, the Mayor, with the approval of the City Council, shall appoint an independent committee comprised of three experts in financial matters, who will report their recommendation to the Mayor and City Council as to whether the tax shall remain in effect at the rate of one percent, or whether the City Council should reduce the rate of tax or terminate the imposition of the tax pursuant to Section 4.60.170 of this chapter. "Every five years..." Proposition D became effective October 1, 2006. Every fifth year is October 1, 2010 — September 30, 2011 "...the mayor, with approval of the city council..." This is the statutory procedure for making appointments in general law cities. The independent committee is subject to the Brown Act. "...shall appoint an independent committee..." "independent committee" — no councilmembers, board of commission members, or staff may be on the committee. Page AS 6/8/2011 "...three experts in financial matters..." The type of expertise will be determined by the Mayor and City Council. "...who will report their recommendation to the mayor and city council..." The committee's report will be presented at a public meeting. The recommendation to the Mayor and City Council is not binding. "...as to whether the transactions and use tax should remain in effect, or whether the city council should reduce the rate of tax or terminate the imposition of the tax..." The Mayor and City Council have three options: 1) Tax to continue at one percent; or 2) Reduce the rate of the tax; or 3) Terminate the tax. Next Steps: • City Council appoint the Proposition D Independent Committee within the next six months • Independent Committee determines staffing needs, financial data and information needs Page ,2/ 6/8/2011 CITY OF NATIONAL CITY Proposition D (This proposition will appear on the ballot in the lollowing form.) PROP D Shall an ordinance be approved imposing a one percent transactions and use tax (a sales tax) for up to 10 years for City services, facilities and programs? This proposition requires approval by a simple majority (over 50%) of the voters. Full text of this proposition follows the arguments. CITY ATTORNEY IMPARTIAL ANALYSIS Ballot Proposition "D' proposes to raise revenue for general purposes for the City of National City by authorizing a one percent.transaction and use tax (commonly referred to as a 'sales tax") within the City of National City. The one percent tax would be paid in addition to current sales taxes and would be collected at the same Time and in the same manner as existing sales taxes. California Revenue and Taxation Code Section 7285.9 authorizes the City Council to levy a transaction and use lax at a rate of 0.25 percent or a multiple thereof, provided the tax is approved by a majority of the voters voting in an election on that issue. If approved, the tax would go into effect October 1, 2006 (the "Operative Date"). Proposition 'D' states that the one percent sales tax is to be used 'for City services, facilities and programs.' Because this sales tax would be a general tax; the lax would go into the City's general fund and could be used for any legal municipal purpose. The City would not be Legally bound in any way to use the tax monies for any special purpose orforany particular services, facilities or programs. The authority to Levy the tax imposed by Proposition "D" would expire ten years from the Operative Date, unless the City Council prior to that date determines that the levy and collection of the tax is no longer necessary, in which case the City Council has the authority to reduce the rate of tax, or terminate the imposition of the tax. Proposition "D" provides that every five years the Mayor, with the approval of the City Council, shall appoint an independent committee comprised of three experts in financial matters, who will report their recommendation to the Mayor and City Council as to whether the transaction and use tax should remain in effect at the rate of one percent, or whether the City Council should reduce the rate of tax or terminate the imposition of the tax. 09J0-1 SD ODO-o0D FOR REVIEW AND APPROVAL ONLY • NOT FOR PRODUCTION User: SD Job Number: 05LCD1029 Composed: 04/18/2006 12:08 Chechsum: (57235c6' Page 17 SAN DIEGO Contest: 09J0 BASE STYLE: PB09J0 1 a2 S ARGUMENT IN FAVOR OF PROPOSITION D • Proposition "D' is to raise the sales tax to cover the City General Fund S6.7 million shortfall • Every resident from senior citizens, students to infants would be affected by the outcome of this proposition • The sales tax will automatically expire in ten years • National City residents have continually stated That public safety is their number Y 1 priority • 72% of the total National City General Fund budget is given to the police and tire department WHY YOU SHOULD VOTE "YES" ON D If Proposition "D• does not pass the following will happen: • The Oily will be required to reduce their general fund budget by 20% • The Police Department and Fire Department will be required 10 terminate employees to reach the 20% cut • The Fire Department will not be able to adequately man the Euclid Street Fire Station • The response time by the Police and Fire Department wit be greatly reduced • The new Public Library win be required to terminate employees and be forced to close more days WHAT IS TAXED AND WHAT IS NOT TAXED • No tax on medicine, non -prepared food (groceries), rent, mortgage, utilities or property tax • Per State law no new lax on car, motorcycle, boat or plane sales made to consumers from outside the city, but residents pay • Car dealerships will pay taxes on all vehicle repair and parts sold NATIONAL CITY RESIDENTS WILL NOT BE REQUIRED TO COVER 10n% OF SHORTFALL, • Projections show that one -hall to Iwo thirds of the lax will be paid by non -National Oily residents who purchase merchandse in the City WHY THE SHORTFALL • The State of California keeps minions of dollars in revenue. (to help balance their budget) that should be returned to the City • Larger mandatory employee pension contribution than expected ROBERT "DUKIE"VALDERRAMA Port Commissioner ANNE CAMPBELL Gty Librarian 09J0-2 ADOLFO GONZALES Chief of Police ROBERT V. MEDINA President, National City Firefighters Association ROSALIE °ROS1E" ALVERADO President, National School District 5D 00D-000 FOR REVIEW AND APPROVAL ONLY • NOT FOR PRODUCTION User: SD Job Number: 05LCD1029 Composed: 04)18/2006 12:08 Checksum: 8f96b418* Page 18 SAN DIEGO Contest: 09J0 BASE STYLE. ROM 2 ARGUMENT AGAINST PROPOSITION D What?! Another tax increase? We've already voted down this tax once before. But the politicians won't listen. They're trying AGAIN to raise taxes, and this time we're being told that essential police and fire services may be cut! But we're ALREADY paying for public safely! In 1993 we voters approved Prop. 172, a sales tax for public safety funding. According to the Union -Tribune. National City collects about $7.75 MILLION annually in sales tax for "local public safety protection and improvement." Where's THAT money, now that we need it?? Much of this regressive tax will fall on the backs of our poorer citizens. That's unfair! If this tax passes, National City will charge the highest sales tax in the county. To avoid this tax, National City citizens will tend to buy goods outside their own city, and county consumers will tend to avoid National City as a place to shop or visit. That means more closed local businesses and mote lost jobs. Citizens of National City will pay an additional one percent on any taxable item they buy locally. But the National City car dealers' customers who live outside National City will NOT pay the higher tax, due to state taw. That's unfair! Read the measure carefully. Though the tax hikers claim that the tax increase will be used for vital city services, there is NO LEGAL REQUIREMENT that the money be spent that way. None! Voters are supposed to trust National City politicians to do the right thing. And not only loday's politicians, but all the city politicians for the next 10 years while the tax is being collected. Bad idea! If you think that your taxes are already too high, or even just high enough, you should vote NO on this tax increase. Reject this tax! www.lesslax.org/PropD 09J0-3 RICHARD RIDER Chair, San Diego Tax Fighters EDWARD TEYSSIER Chair, San Diego Libertarian Party MARIA RAQUEL D. ASTORGA Working Mother EDWARD G. LOHLEIN Small Business Owner MARTHA SANCHEZ Small Business Owner SD D00-000 FOR REVIEW AND APPROVAL ONLY - NOT FOR PRODUCTION User: SD Job Number: 05LCD1029 Composed: 04/18/2006 12:08 Checksum: a6353412* Page 19 SAN DIEGO Contest: 09J0 BASE STYLE: pima . 3 ORDINANCE NO. 2006 — 2278 AN ORDINANCE OF THE CITY COUNCIL OF THE CI rY OF NATIONAL CITY ADDING CHAPTER 4.60 TO THE NATIONAL CITY MUNICIPAL CODE TO IMPOSE A TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF EOUALIZATION BE IT ORDAINED by the People of the City of National City as follows: Section 1. That Title 4 of the National City Municipal Code is hereby amended by adding Chapter 4.60 to read as follows: Chapter 4.60 TRANSACTIONS AND USE TAX Sections: 4.60.010 Title 4.60.020 Definitions 4.60.030 Operative date 4.60.040 Purpose 4.60.050 Contract with State Board of Equalization 4.60.060 Transactions tax rate 4.60.070 Place of sale 4.60.080 Use tax rate 4.60.090 Adoption of provisions of state law 4.60.100 Limitations on adoption of State law and correction of use taxes 4.60.110 Permit not required 4.60.120 Exclusion; exemptions 4.60.130 Permissible uses 4.60.140 Amendments 4.60.150 Enjoining collection forbidden 4.60.160 SeverabiiIy 4.60.170 Expiration 4.60.180 Independent committee 4.60.010 Title. This chapter shall be known as the "City of National City Transactions and Use Tax Ordinance". This ordinance shall be applicable in the inoo.porated terrtory of the City. 4.60.020 Definitions. As usedin this chapter. "City" means the City of National City and lax" means the transactions and use taxes, sometimes also referred 10 as 'sales tax", imposed under the provisions of this ordinance; "tax revenue' and lax revenues mean all proceeds of the tax received by the City from the Stale Board of Equalization. 4.60.030 Operative date. 'Operative date' means the first day that the tax is imposed and collected. The operative date shall be October 1. 2006, unless a latex operative date becomes effective under the provisions of Section 4.60.050. 4.60.040 Purpose. This ordinance is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accompIsh those purposes: A. To impose a retail transactions and use lax in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part 1.7 of Division 2 which authorizes the City to adopt this tax ordinance which shall 09J0-4 SD 000-000 FOR REVIEW AND APPROVAL ONLY - NOT FOR PRODUCTION User: SD Job Number: 05LCD1029 Composed: 04/18/2006 12:08 Checksum: 2e59b3bc' Page 20 SAN DIEGO Contest 09J0 BASE STYLE: P609J0 4 rz7 be operative if a majority vote of the electors voting on the measure vole to approve the imposition of the tax at an election called for that purpose. B. To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those ol the Sales and Use Tax Law of the Slate of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code. C. To adopt a retail transactions and use lax ordinance that imposes a lax and provides a measure therefore that can be administered and collected by the State Board of Equalization in a manner that adapts itself as fully as practicable to, and requires the least possible deviation Iron). the existing statutory and administrative procedures followed by the State Board of Equalization in administering and collecting the California State Sales and Use Taxes. D. To adopt a retail transactions' and use tax ordinance that can be administered in a manner that will be. to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and al the same lime, minimize the burden of record keeping upon persons subject to taxation under the provisions of this ordinance. 4.60.050 Contract with State Board of Equalization. Prior to the operative dale, the City shall contract with the State Board of Equalization to perform all functions incident to the administration and operation of this transactions and use tax ordinance; provided, that it the City shall not have contracted with the State Board of Equalization prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract. 4.60.060 Transactions tax rate. For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon alt retailers in the incorporated territory of the City at the rate of 1% (one percent) of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territoryon and after the operative date of this ordinance. 4.60.070 Place of sale- For the purposes of this ordinance, all retail sales are consummated al the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out -of -stale destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax; regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sates are consummated shall be determined under rules and regulations to be prescribed and adopted by the State Board ol Equalization. 4.60.080 Use tax rate. An excise tax is hereby imposed on the storage. use orother consumption in the City of tangible personal property purchased Irom any retailer on and after the operative date of this ordinance for storage, use or other consumption in said territory al the rate of 1% (one percent) of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made. 4.60.090 Adoption ol provisions of state law. Except as otherwise provided in this ordinance and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code. all of the provisions of Pad 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this ordinance as though fully set forth herein. 4.60.100 Limitations on adoption of state law and collection of use taxes. In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code: A. Wherever the State of California is named or referred to as the taxing agency, the name of This City shall be substituted therefor. However, the substitution shall not be made when: 1. The word 'State' is used as a part of the title of the Slate Controller, State Treasurer, State Board of Control, State Board of Equalization, State Treasury, or the Constitution of the State of California; 09J0-5 5D DOD-000 FOR REVIEW AND APPROVAL ONLY - NOT FOR PRODUCTION User: SD Job Number: 05LCD1029 Composed: 04/18/2006 12:00 Checksum: 071a3356* Page 21 SAN DIEGO Contest: 09J0 BASE STYLE: PR09J0 5 a 2. The result of That substitution would require action to be taken by or against this City or any agency, officer, or employee thereof rather than by or against the State Board of Equalization, in performing the functions incident to the administration or operation of This Ordinance. 3. in (hose sections, including, but not necessarity limitedto sections referring to the exterior boundaries of the Slate of California, where the result of the substitution would be to: a. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangiile personal properly which would not otherwise be exempt from this lax while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or; b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code. 4. in Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737. 6797 or 6828 of the Revenue and Taxation Code. B. The word 'City' shall be substituted for the word "State" in the phrase 'retailer engaged in business in this State" In Section 6203 and in the definition of thal phrase in Section 6203. 4.60.110 Permit not required. 1f a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not be required by this ordinance. 4.60.120 Exclusion: exemptions. A. There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use lax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley -Bums Uniform Local Sales and Use Tax Law or the amount of any state -administered transactions or use tax. B. There are exempted from the computation of the amount of transactions tax the gross receipts from: 1. Sales of tangble personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed prineipally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government. 2. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sate, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point For the purposes of this paragraph, delivery to a point outside the City shall be satisfied: a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of Ibe Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utifties Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out -of -City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and b. With respect to commercial vehicles, by registration to a place of business out -of -City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from' that address. 3. The sale of tangible personal property if the setter is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance. 4. A lease of tangible personal property which is a continuing sale of such property, for any period of lime for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this ordinance. 5. For the purposes of subparagraphs 3 and 4 of this subsection B, the sale or lease of tangible personal property shaft be deemed not to be obligated pursuant to a contract or lease tor any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised. 09J0-6 5D 000-000 FOR REVIEW AND APPROVAL ONLY - NOT FOR PRODUCTION User: SD Job Number: 05LCD1029 Composed: 04/18/2006 12:08 Checksum: 7d1eb268' Page 22 SAN DIEGO Contest: 09J0 BASE STYLE: PROM O 3 C. There are exempted from the use tax imposed by this ordinance, the storage, use or other consumption in this City of tangible personal property: 1. The gross receipts from the sale of which have been subject to a transactions tax under any state -administered transactions and use tax ordinance. 2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or properly for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of Caldornia. 3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance. 4. If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such properly for any period of time for which the lessee is obligated to tease the property for an amount fixed by a lease prior to the operative date of this ordinance. 5. For the purposes of subparagraphs 3 and 4 of this subsection C, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal properly shall be deemed not to be obligated pursuant to a contract or lease for any period of lime for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised. 6. Except as provided in subparagraph 7 of this subsection C, a retailer engaged in business in the City shalt not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the properly, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer In the City or through any representative, agent, canvasser, solicitor; subsidiary, or person in the City under the authority of the retailer. 7. 'A retailer engaged in business in the City` shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. Thal retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City. D. Any person subject to use tax under this ordinance may credit against that tax any transactions lax or reimbursement for transactions lax paid to a district imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax. 4.60.130 Permissible uses. The revenues of the tax shad be deposited in the City's general fund and may be used for any legal municipal purpose. 4.60.140 Amendments. All amendments subsequent to the effective date of this ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Pad 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a pan of this ordinance, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this ordinance. 4.60.150 Enjoining collection forbidden. No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevent or enjoin the collection under this ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected. 09J0-7 SD 000.000 FOR REVIEW AND APPROVAL ONLY • NOT FOR PRODUCTION User: SO Job Number: 05LCD1029 Composed: 04/18/2006 12:08 Checksum: a8b73dca" Page 23 SAN DIEGO Contest: 09J0 BASE STYLE PR09JO 7 31 4.60.160 Severability.. If any provision of this ordinance or the application thereol to any person or circumstance is held invalid, the remainder of the -ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. 4.60.170 Expiration. The authority to levy the tax imposed by this Chapter shall expire ten (10) years from the Operative Date, unless the City Council prior to that date determines that the levy and collection of the tax is no longer necessary, in which case the City Council has the authority to reduce the rate of tax, or 10 terminate the imposition of the tax. The City shalt immediately notify the State Board of Equalization in writing in the event that the tax is reduced or terminated. The operative date of such rate reduction or termination shall be the first (1') calendar quarter commencing more than one hundred and len (110) days after the Board of Equalization receives such notice of termination. 4.60.180 Independent committee. Every five (5) years the Mayor, with approval of the City Council, shall appoint an independent committee comprised of three (3) experts in financial matters, who will report their recommendations to the Mayor and City Council as to whether the transaction and use tax should remain in effect at the rate of one percent (1%), or whether the City Council should reduce the rate of tax or terminate the imposition of the lax pursuant to Section 4.60.170. Section 2. This ordinance, following its adoption by at least 4 affirmative votes of the City Council and its publication, shall become effective upon the approval of the tax imposed hereunder by a majority of the voters of the City • voting thereon at an election callbd for that purpose. The "operative dale" of the tax imposed hereunder shall be as provided in Section 4.60.030. PASSED and ADOPTED by the City Council of the City of National City, California, on February 7, 2006, by the following vote, to -wit: Ayes: Councilmembers: lnzunza, Morrison. Natividad, Parra, Zarate. Nays: None. Absent: None. Abstain: None- 09J0-8 SD 000-000 FOR REVIEW AND APPROVAL ONLY • NOT FOR PRODUCTION User: SD Job Number: 05LCD1029 Composed: 04/18/2006 12:08 Checksum: 3d00a5bb* Page 24 SAN DIEGO Contest: 09J0 BASE STYLE: P1109 JO 8 CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT STING DATE: June 21st, 2011 AGENDA ITEM NO, 29 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $154,862.11 to the City of National City for the period of 5/11/11 through 05/17/11', PREPARED BY: K. Apalategui PHONE: 619-336-4331'', DEPARTMENT: Finance APPROVED BY: J EXPLANATION: Effective July 1, 2008 the Community Development Commission's fiscal operations have been merged with the City of National City. In order to streamline the payment process, the City of National City pays for all expenditures for the CDC. Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests approval of the reimbursement of CDC activity. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: Finance APPROVED: MIS Approve the reimbursement of funds to the City of National City in the amount of $154,862.11 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Accept and File. BOARD / COMMISSION RECOMMENDATION: N/A fACHMENTS: irrants for the period of 5/11/11 through 05/17/11, COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #46 5/17/2011 PAYEE BEST BEST & KRIEGER LLP DIXIELINE BUILDERS KEYSER MARSTON ASSOC MAYER HOFFMAN MCCANN PC N C CHAMBER OF COMMERCE NAN MCKAY AND ASSOC INC PASSANTINO ANDERSEN PRO BUILD SAN DIEGO CLIPPING SERVICE SD ELECTRIC RAILWAY ASSOC STEWART TITLE OF CALIFORNIA SWEETWATER AUTHORITY U S BANK VISTA PAINT EQUIFAX INFORMATION SVCS FEDEX HARRIS & ASSOCIATES INC SECTION 8 SECTION 8 HAPS PAYMENTS PAYROLI. Pay period Start Date 10 4/19/2011 DESCRIPTION LEGAL SERVICES / APRIL 30, 2011 REIMB - CASA QUINTA-CASA FAMILIAR ECONOMIC CONS SVCS 4/1/11-4/30/11 CITY AUDIT JAN FEB & MARCH 2011 PIH ALERT AND NEWSLETTER / SEC8 GRANT RESEARCH/WRITING/ APR 2011 MOP 45707 MISC ITEMS - NS NEWS READING AND CLIPPING SVCS REIMB - ER PLUMBING REPAIR FOR DEPOT 1408 HARDING PRELIMINARY TITLE REPORT DEP-ORTHOPHOTOGRAPHY PARTNERSHIP CREDIT CARD EXPENSE - REDEV MOP 68834 TTN 730-401 PACKING KIT-NS SEC 8 CREDIT CHECKS SHIPMENT - FINANCE 30TH ST. CUL-DE-SAC VACATION Start Date 5/11/2011 End Date 5/2/2011 End Date 5/17/2011 Check Date 5/11/2011 CHK NO DATE AMOUNT 241787 5/17/11 9,403.28 241788 5/17/11 4,500.00 241789 5/17/11 2,943.13 241790 5/17/11 1,250.00 241791 5/17/11 25, 000.00 241792 5/17/11 349.00 241793 5/17/11 3,500.00 241794 5/17/11 552.52 241795 5/17/11 78.75 241796 5/17/11 271.95 241797 5/17/11 500.00 241798 5/17/11 5,000.00 241799 5/17/11 169.00 241800 5/17/11 382.58 241831 5/17/11 73.51 241835 5/17/11 12.29 241844 5/17/11 550.00 A/P Total $ 54,536.01 20,033.85 80,292.25 GRAND TOTAL $ 154,862.11 "-ETING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT June 21st, 2011 AGENDA ITEM NO. 0 i I EM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $116,988.83 to the City of National City for the period of 5/18/11 through 05/24/11 PREPARED BY: K. Apalategui PHONE: 619-336-4331'I APPROVED BY: 444 DEPARTMENT: 1Finance ;,(► P EXPLANATION: Effective July 1, 2008 the Community Development Commission's fiscal operations have been merged with the City of National City. In order to streamline the payment process, the City of National City pays for all expenditures for the CDC. Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests approval of the reimbursement of CDC activity. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: 01a d4' Finance APPROVED: MIS Approve the reimbursement of funds to the City of National City in the amount of $116,988.83 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Accept and File. BOARD / COMMISSION RECOMMENDATION: N/A "ACHMENTS: rrants for the period of 5/18/11 through 05/24/11 PAYEE E2 MANAGE TECH INC FEDEX LASER SAVER INC NAPA AUTO PARTS NBS POWER PLUS PRUDENTIAL OVERALL SUPPLY SAN DIEGO TROLLEY INC STAPLES ADVANTAGE SWEETWATER AUTHORITY VISTA PAINT CORPORATE PAYMENT SYSTEMS HARRIS & ASSOCIATES INC LASER SAVER INC STAPLES ADVANTAGE COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #47 5/24/2011 DESCRIPTION ENVIRONMENTAL CONSULTING-10/29/10 EXPRESS MAIL COURIER SERVICES/CDC MOP 45725 BLACK INKJET - REDEV MOP# 45735. PAINTING SUPPLIES/NSD LANDSCAPE 1/1/2011-3/31/2011 EQUIPMENT RENTAL / CDC MOP 45742 LAUNDRY SERVICE FLAGGING SERVICES MAR -APR 2011 MOP 45704 OFFICE SUPPLIES WATER UTILITIES / CDC MOP 68834 PAINTING SUPPLY CREDIT CARD CHARGES CORRIDOR SMART GROWTH REVITALIZE MOP 45725 INK CARTRIDGES - DPTS MOP 45704 OFFICE SUPPLIES CHK NO DATE AMOUNT 241909 5/24/11 2,994.00 241910 5/24/11 44.15 241911 5/24/11 65.63 241912 5/24/11 16.89 241913 5/24/11 1,598.41 241914 5/24/11 195.00 241915 5/24/11 13.87 241916 5/24/11 179.70 241917 5/24/11 45.33 241918 5/24/11 314.58 241919 5/24/11 668.82 241930 5/24/11 944.30 241941 5/24/11 109, 719.68 241948 5/24/11 101.75 241977 5/24/11 86.72 A/P Total $ 116,988.83 GRAND TOTAL $ 116,988.83 CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE: June 21, 2011 AGENDA ITEM NO. 131 EM TITLE: IA resolution of the Community Development Commission of the City of National City approving an agreement by and between Geosyntech Consultants, not to exceed $150,000, for as needed environmental consulting services until June 30, 2013. (Tax Increment and other funds.). PREPARED BY: Patricia Beard DEPARTMENT: - - : vel i� PHONE: 4255 APPROVED BY EXPLANATION: 1GeoSyntech has been one of four "on call" environmental consultants originally selected in a competitive process and engaged by the CDC continuously for the past six years. Staff has found their assistance to be reliable, highly competent and the firm has consistently put the CDC's interests first in priority. As the City and CDC seek to contain costs as the economy and developer interests slowly begin to recover post -recession, as needed environmental services will continue to be required. For example, GeoSyntech is assisting us with on -going environmental work required by San Diego County at the Education Village site, assisted us cost effectively in resolving issues raised by Wells Fargo Bank during the recent exchange of the Ilies Family Trust and City Transit Yard sites, and saved the CDC and City more than $30,000 by completing the (federally funded) remediation at 835 Bay Marina Drive through their current contract. To reduce the budget for as -needed services for Fiscal Years 2012 and 2013, staff requests to retain one as -needed environmental consultant rather than four and to reduce e contract amount from the current $250,000 to $150,000. GeoSyntech is staffs preferred consultant ,.,r these services. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. 511-445-460-213 and 511-409-500-598-3200. Services will be paid for through Education Village project funding (tax increment), developer deposits, grants and, as needed, by tax increment funding for projects as needs arise. ENVIRONMENTAL REVIEW: Not applicable, ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance STAFF RECOMMENDATION: Adopt the resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Proposed Agreement RESOLUTION NO. 2011 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE AN AGREEMENT WITH GEOSYNTECH CONSULTANTS, INC., IN AN AMOUNT NOT TO EXCEED $150,000, FOR AS -NEEDED ENVIRONMENTAL CONSULTING SERVICES THROUGH JUNE 30, 2013 WHEREAS, the Community Development Commission of the City of National City ("CDC") is implementing the Redevelopment Plan for the National City Redevelopment Project; and WHEREAS, to implement said plan a variety of environmental investigations and remedial actions are necessary to protect human health and the environment; and WHEREAS, GeoSyntech Consultants is a qualified environmental engineering firm that has provided reliable advice and service at reasonable rates to the CDC since 2005; and WHEREAS, in response to a request from the CDC, GeoSyntech has submitted an acceptable proposal to provide as -needed services from July 1, 2011 through June 30, 2013, for an amount not to exceed $150,000; and WHEREAS, the CDC desires to employ GeoSyntech to perform such services. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute an Agreement with GeoSyntech Consultants, Inc., in an amount not to exceed $150,000, for as - needed environmental consulting services through June 30, 2013. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 21 st day of June, 2011. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: Claudia G. Silva CDC General Council AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND GEOSYNTEC CONSULTANTS INC THIS AGREEMENT is entered into this 1st day of July, 2011, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a community development commission (the "CDC"), and GEOSYNTEC CONSULTANTS INC, an engineering firm (the CONSULTANT). RECITALS WHEREAS, the CDC desires to employ a CONSULTANT to provide as needed environmental services related to hazardous materials impeding redevelopment in the National City Redevelopment Project area. WHEREAS, the CDC has determined that the CONSULTANT is a environmental professional and engineering firm and is qualified by experience and ability to perform the services desired by the CDC, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CDC hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CDC for such services, except as authorized in advance by the CDC. The CONSULTANT shall appear at meetings cited in Exhibit "A"to keep staff and City Council advised of the progress on the project. The CDC may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANTunder this Agreement. Upon doing so, the CDC and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Patricia Beard hereby is designated as the Project Coordinator for the CDC and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Veryl Wittig thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A"shall not exceed $150,000 (the Base amount) without prior written authorization from the City Manager/Executive Director. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A"as determined by the CDC. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CDC and for furnishing of copies to the CDC, if requested. 5. ACCEPTABILITY OF WORK. The CDC shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONSULTANT and the CDC cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the CDC or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the CDC shall each prepare a report which supports their position and file the same with the other party. The CDC shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. LENGTH OF AGREEMENT. This contract shall expire on June 30, 2013. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CDC for use with respect to this Project, and shall be turned over to the CDC upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CDC and CONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CDC's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CDC, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CDC may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT's written work product for the CDC's purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. 2 CDC's Standard Agreement — June 2008 revision Any modification or reuse by the CDC of documents, drawings or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14 but only with respect to the effect of the modification or reuse by the CDC, or for any liability to the CDC should the documents be used by the CDC for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONSULTANT. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employee of the CDC and are not entitled to any of the rights, benefits, or privileges of the CDC's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CDC for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CDC. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subCONSULTANT's, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its subCONSULTANT(s) shall require the subCONSULTANT to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CDC nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CDC, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CDC wholly independent CONSULTANTs and that the CONSULTANT's obligations to the CDC are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT, and each of its subCONSULTANTs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under 3 CDC's Standard Agreement — June 2008 revision similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the CDC that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT's professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CDC, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CDC otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CDC are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CDC for any increased costs that result from the CDC's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. TheCONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CDC setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CDC may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CDC. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CDC. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 4 CDC's Standard Agreement — June 2008 revision CONSULTANT shall be liable to CDC for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the Community Development Commission of the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT's negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CDC and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CDC or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its subCONSULTANTs, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non - owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CDC. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CDC, its officers, employees, and volunteers, so that any other policies held by the CDC shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CDC of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CDC and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. 5 CDC's Standard Agreement — June 2008 revision H. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the National City Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the National City Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CDC may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CDC. L. A policy of Environmental/Pollution coverage with a limit of at least $2,000,000 aggregate to cover environmental and pollution issues arising out of its operations under this agreement. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CDC shall, in addition, be limited to the amount of attorney's fees incurred by the CDC in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CDC. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. 6 CDC's Standard Agreement — June 2008 revision ,B. This Agreement may also be terminated immediately by the CDC for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CDC. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CDC, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CDC by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CDC all rights set forth in Section 6. E. The CDC further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CDC: To CONSULTANT: Brad Raulston Executive Director Community Development Commission of the City of National City 1243 National City Boulevard National City, CA 91950-4301 619-336-4250 Sam Williams Principal Geosyntec Consultants Inc. 10875 Rancho Bernardo Road, Suite 200 San Diego CA 92127 858-674-6559 7 CDC's Standard Agreement — June 2008 revision Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the CDC. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CDC of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CDC in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CDC. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CDC for all damages, costs or expenses the CDC may suffer by virtue of any violation of this Paragraph 21 by the CONSULTANT. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. 8 CDC's Standard Agreement — June 2008 revision G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. 5 COMMUNITY DEVELOPMENT COMMISSION GEO Y) CONSULTANTS INC OF THE CITY OF NATIONAL CITY (Corpoatio - osignatures) By: Ron Morrison, Chairman APPROVED AS TO FORM: Claudia Gacitua Silva CDC General Counsel By: tom---" (Narhe (Print) S VP --- "Tre e- (Title) By: (Name) ��wc A-1//404.ts (Print) (Title) 9 CDC's Standard Agreement — June 2008 revision EXHIBIT A Scope of Services for on -call services shall include professional services related to analysis and identification of environmental hazards at properties of interest to the CDC, manage and implement ongoing environmental projects required by the San Diego County Department of Environmental Health related to the Education Village project and 835 Bay Marina Drive, creating remediation plans and achieving regulatory closure for sites as directed by the Community Development Commission (CDC) as well as providing consulting services as directed by CDC related to Environmental Policy, Brownfields efforts and Legislative analysis to assist the CDC in accomplishing its redevelopment goals. GEOSYN'I'EC CONSULTANTS RATE SCHEDULE FOR COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY (Updated 10 May 2011) Engineer/Scientist Rate/Hour Staff Professional $98 Senior Staff Professional $113 Professional $ 126 Project Professional $142 Senior Professional $161 Associate $183 Principal $213 Construction Services Engineering Technician Senior Engineering Technician Field Manager Site Manager Construction Manager Design, Graphical, and Administrative Services $ 63 $ 70 $ 76 $ 79 $ 84 Senior Drafter/Senior CADD Operator $ 108 Drafter/CADD Operator/Artist $ 94 Admin Assistant/Tech Word Processor $ 58 Clerical $ 45 General Direct Expenses Subcontract Services Communications Fee Specialized Computer Applications (per hour) Personal Automobile (per mile) Photocopies (per page) Cost plus 0% Cost plus 8% 3% of Professional Fees $ 10 Current IRS Rate $ .12 Rates are provided on a confidential basis and are client and project specific. Rates are subject to annual adjustment based on mutual consent of the parties. Rates for field equipment, health and safety equipment, and graphical supplies presented upon request. THIS DOCUMENT HAS A TRUE DOCUCHECK" WATERMARK AND VISIBLE FIBERS DISCERNIBLE FROM BOTH SIDES 65384 CITY OF NATIONAL CITY BUSINESS LICENSE CERTIFICATE PURSUANT TO CITY ORDINANCE TIIIS LICENSE IS HEREBY GRANTED FOR THE TERM &:PURPOSE STATED BUS DESCRIPTION BUSINESS ADDRESS 10875 RANCHO BERNARDO RD STE BUSINESS NAME ATTN: MAILING ADDRESS NON TRANSFERABLE 1' IA"jg�j GEOSYNTEC CONSULTANTS '` 10875 RANCHO BERNARDO RD STE 200 SAN DIEGO, CA 92127-2116 POST IN A CONSPICUOUS PLACE Date of:Expiration_-12/31r'2011 Finance Director THIS DOCUMENT IS ALTERATION. PROTECTED AND REFLECTS FLUORESCENT FIBERS UNDER UV LIGHT KEEP FOR YOUR RECORDS BUSINESS TAX RECEIPT License No. 65384 B $200.00 TOTAL $200.00 ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DONYYY) 6/7/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES ELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED EPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. /IPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Greyling Insurance Brokerage 450 Northridge Parkway Suite 102 Atlanta GA 30350 INSURED Geosyntec Consultants, Inc. 1111 Broadway 6th Floor Oakland CA 94607 CONTACT NAME:Y JerryNoyola PHONE (770)552-4225 (A/C No EMI, E-MAIL ADDRESS:-r]' Y er n0 ola@ re lin coin 9 Y 9 PRODUCER 00002134 CUSTOMER ID R FAX (A/C No): (866I550-4082 INSURER(S) AFFORDING COVERAGE NAIC It INSURER Commerce & Industry Ins Co. 19410 INSURER B :Char ti s Speciality Ins. Co. 26683 INSURER NOW Hampshire Insurance Company 23841 INSURERo:Ins. Co. of the State of PA 19429 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER 2010-2011 (Geosyntec) REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILIR ADDTYPE OF INSURANCE NsR S` 'un POLICY NUMBER IMPM/DD//YLICY YYY1FF � IMM/DD1 YVYVI LIMITS LTR GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY L A CLAIMS MADE X I OCCUR GL 417-86-18 9/1/2010 9/1/2011 MED EXR (any one person) A GEN'L AGGHEGA 1 E LIMIT APPLIES PER: X POLICY L PRO- I LOC JCCT AUTOMOBILE LIABILITY X X X ANY AUTO AI I OWNED AUTOS SCHEDULED AUTOS HIRED AIITOS NON -OWNED AUTOS EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES 'Fa occurrence( $ 1,000,000 1,000,000 PERSONA(. A ADM INJURY $ 25,000 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 cA5053937 (ADS) CA1955451 (MA) 0/1/2010 9/1/2011 9/1/2010 9/1/2011 COMBINED SINGI F 1 IMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ RODII Y INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAR EXCESS LIAR X DEDUCTIBLE B X RETENTION $ C WORKERS COMPENSATION AND EMPLOYERS LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED, D (Mandatory in NH) It yes, describe under DESCRIPTION OF OPERATIONS below OCCUR CLAIMS -MADE 10,000 YIN N B Professional Liability E&O Incl. Pollution Liab NIA 8085625 WC 006-98-7876 (AOS) C 006-98-7877 (CA) OPS 1951904 9/1/2010 9/1/2010 9/1/2010 9/1/2011 9/1/2011 9/1/2011 EACH OCCURRENCE $ 10, 000, 000 AGGREGATE $ 10, 000, 000 $ $ V'C STATIJ OTH X- IORY LIMIT5 I I LR E. L EACH ACCIDENT $ 1,000 000 F I DISEASE - FA FMPI GYFF $ 1� 000, 000 E L DISEASE - POLICY LIMIT $ 1 000 000 Per Claim Aggregate $8,000,000 $10,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Sd edu e, if inure space is required) Re On -Call Environmental Consulting Services. The Community Development Commission of the City of National City, its officers, agents & employees are named as Additional Insureds on the above referenced liability policies with the exception of workers compensation & professional liability. This insurance is primary & non-contributory where required by written contract. Waiver of Subrogation is applicable where required by written contract & allowed by CERTIFICATE HOLDER CANCELLATION Community Development Commission of the City of National City Brad Raulston 1243 National City Boulevard National City, CA 91950-4301 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Matias Ormaza/JERRY ACORD 25 (2009/09) © 1988-2009 ACORD CORPORATION. All rights reserved. INS025 (200909) The ACORD name and logo are registered marks of ACORD COMMENTS/REMARKS law. OFREMARK COPYRIGHT 2000, AMS SERVICES INC. POLICY NUMBER: GL 411-86-18 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional insured Person(s) Or Organization(s): Location(s) Of Covered Operations BLANKET AS REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 1I - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for 'bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage' occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organ- ization other than another contractor or sub- contractor engaged in performing oper- ations for a principal as a part of the same project. CG 20 10 07 04 0 ISO Properties, Inc.,2OO4 Page 1 of 1 n BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause' need be completed only when this endorsement Is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 09/01/2010 forms a part of Policy No. WC 006-98-7877 issued to GEOSYNTEC CONSULTANTS, INC. By THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA We have a right to recover our payments from anyone liable for an injury covered by this, policy. We will not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this agreement from us, as regards any work you perform for such person or organization. The additional premium for this endorsement shall be 2 % of the total estimated workers compensation premium for this policy. WC 04 03 61 (Ed. 11190) Countersigned by ,17,1Q-1 Authorized Representative CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE: June 21, 2011 AGENDA ITEM NO. 132 'EM TITLE: iA resolution of the Community Development Commission of the City of National City approving a Grant Agreement with Community Housing Works for $14,957,000 for the purpose of assisting Phase I of an infill affordable housing project, public facilities, open spaces and community services on 12.75 acres known as the National City Public Works Center (2200 Hoover Avenue) and former Illes Family Trust site (2020 Hoover). (Low Mod Housing Tax Allocation Bonds.) (Companion items). PREPARED BY: Patricia Beard PHONE: 4255 DEPARTMENT: Rom; velop APPROVED BY EXPLANATION: In March, 2011 the CDC issued tax exempt bonds in part to assist with development of a 201-unit infill affordable transit oriented development on the sites of the National City Public Works Center and Illes Family Trust. Since Paradise Creek Housing Partners LP, developer for the project is a for -profit entity, the tax exempt bond funds cannot be provided directly to the project. Community Housing Works, a development partner for the project and a 501 (c) 3 non-profit, is eligible to receive the funds as a grant and loan them into the project. Loan repayment would be used, as shown on Page 5, to fund programs approved by the Executive Director annually including resident and community -based clean up efforts for the project, youth environmental education programming, jobs -corps type training, to create a matching program for resident savings accounts, and to create a first-time home buyer program for -oject residents.) FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. 22-409-500-598-3934. This Agreement provides a grant of $14,957,000 from 2011Tax Allocation and proceeds. The funds would be directly placed in an escrow account for the project, rather than being deposited in the recipient's general business accounts. ENVIRONMENTAL REVIEW: The certified Environmental Impact Report for the Westside Specific Plan analyzed a Transit Oriented Development for this site. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Proposed Agreement RESOLUTION NO. 2011 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING A GRANT AGREEMENT BY AND BETWEEN COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND COMMUNITY HOUSING WORKS PROVIDING A GRANT OF $14,957,000 TO COMMUNITY HOUSING WORKS TO ASSIST DEVELOPMENT OF PHASE I OF AN INFILL AFFORDABLE HOUSING PROJECT, PUBLIC FACILITIES, OPEN SPACES AND COMMUNITY SERVICES ON 12.75 ACRES KNOWN AS THE NATIONAL CITY PUBLIC WORKS CENTER AND FORMER ILLES FAMILY TRUST SITE WHEREAS, as the result of a competitive request for qualifications process, on March 3, 2009, a partnership of Related Companies of California and Community Housing Works was selected to work exclusively with the Community Development Commission of the City of National City ("CDC") to plan for an infill affordable housing project adjacent to Paradise Creek between 18th and 22nd Streets; and WHEREAS, Related Companies of California and Community Housing Works formed a limited partnership known as Paradise Creek Partners, LP, to complete the Infill Affordable Housing Project (the "Project") described in the Westside Specific Plan; and WHEREAS, the CDC has approved a Disposition and Development Agreement with the partnership now called Paradise Creek Housing Partners, LP, for the Project that provides $14,957,000 to the Project in 2011 Tax Allocation Bonds; and WHEREAS, the CDC holds, within its Low and Moderate -Income Housing Fund, the sum of Fourteen Million Nine Hundred Fifty -Seven Thousand Dollars ($14,957,000) to be used to finance development of affordable housing projects such as the Project (the "Funds"); and WHEREAS, the Funds are proceeds of that certain "$39,660,000 Community Development Community Development Commission of the City of National City (San Diego County, California) (National City Redevelopment Project) 2011 Tax Allocation Bonds"; and WHEREAS, the CDC desires to also foster the development of private nonprofit, community -based, service organizations with the capacity to develop and/or finance affordable housing projects in National City such as the Project; and WHEREAS, accordingly, the CDC, on the terms and conditions set forth in the Grant Agreement, intends to grant the sum of Fourteen Million Nine Hundred Fifty -Seven Thousand Dollars ($14,957,000) to Community Housing Works for the dual purpose of permitting Community Housing Works to provide part of the financing for Phase 1 of the Project, and to build Community Housing Works capacity to participate in the development of future affordable housing projects in the community; and WHEREAS, Community Housing Works is a 501 (c) 3 non-profit corporation eligible to receive a grant of tax-exempt bond funds, and has agreed to fund the project assistance loan through a dedicated escrow account for that purpose; and Resolution No. 2011 — Page Two WHEREAS, Community Housing Works has pledged to use repayment of the grant funds for programs annually approved by the Executive Director including: 1. Resident and community -based clean-up efforts within the project; 2. Youth environmental education programming; 3. Jobs -corps type training; 4. To create a matching fund for project residents saving for home ownership; and 5. To create a first time homebuyer program for project residents. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby approves a Grant Agreement by and between the Community Development Commission of the City of National City and Community Housing Works providing a grant of $14,957,000 to Community Housing Works to assist development of Phase I of an infill affordable housing project, public facilities, open spaces, and community services on 12.75 acres known as the National City Public Works Center and former Illes Family Trust site. Said Grant Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 21 st day of June, 2011. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: Claudia G. Silva CDC General Council GRANT AGREEMENT [Transit -Oriented Infill Affordable Housing and Paradise Creek Enhancement Project] THIS GRANT AGREEMENT, dated as of June 21, 2011 for identification purposes only (the "Grant Agreement"), is made and entered into by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ("Commission"), a public body, corporate and politic (the "Commission"), and COMMUNITY HOUSINGWORKS, a California non-profit, public benefit corporation (hereinafter "CHW"), with reference to the following: RECITALS A. WHEREAS, Commission is a California community development commission, acting pursuant to the Community Redevelopment Law, to increase the supply of housing affordable to persons and families of very low, low and moderate -income in the community; B. WHEREAS, CHW is a California nonprofit, public benefit corporation whose purposes include development and operation of such affordable housing in, among other areas, the County of San Diego; C. WHERAS, Commission, at the same meeting of its Board as it considers approval of this Grant Agreement, expects to enter into that certain "Disposition and Development Agreement," dated as of even date herewith with Paradise Creek Housing Partners, L.P. (the "Developer"); D. WHEREAS, pursuant to the DDA and as more particularly provided therein, Developer will construct, in two (2) Phases, the Project on the Site, including, without limitation, a total of two hundred one (201) affordable rental housing units, certain community facilities for the use of the residents of both Phase I and Phase II, and certain offsite improvements including, without limitation, (i) improvement of the Paradise Creek Parcel, and (b) improvement and expansion, for the benefit of the entire community, of Paradise Creek Educational Park; E. WHEREAS, Commission holds, within its Low and Moderate -Income Housing Fund, the sum of Fourteen Million Nine Hundred Fifty -Seven Thousand Dollars ($14,957,000) to be used to finance development of affordable housing projects such as the Project (the "Funds"); F. WHEREAS, the Funds are proceeds of that certain "S39,660,000 Community Development Commission of the City of National City (San Diego County, California) (National City Redevelopment Project) 2011 Tax Allocation Bonds;" G. WHEREAS, Commission desires also to foster the development of private nonprofit, community -based, service organizations with the capacity to develop and/or finance affordable housing projects in National City such as the Project; and H. WHEREAS, accordingly, Commission, on the terms and conditions set forth in this Grant Agreement,_ intends to grant the sum of Fourteen Million Nine Hundred Fifty -Seven Thousand Dollars ($14,957,000 to CHW for the dual purpose of permitting CHW to provide part of the financing for Phase I of the Project and to build CHW's capacity to participate in the development of future affordable housing projects in the community. NOW, THEREFORE, for and in consideration of the mutual promises, covenants, and conditions herein contained, Commission and CHW agree as follows: 1. DEFINITIONS AND INTERPRETATION 1.1 Defined Terms. Capitalized words and terms used in this Grant Agreement and not defined in this Grant Agreement (including, without limitation, in the Recitals above) shall have the meanings ascribed thereto in the DDA. Other capitalized words and terns used in this Grant Agreement shall have the meanings ascribed thereto where first used or as set forth in this Section [1.1]. Capitalized terms used in an exhibit attached hereto and not defined therein shall also have the meanings set forth in this Section [1.1]. "CHW Third Trust Deed Loan Note" means the promissory note to be made by Developer to evidence the CHW Third Trust Deed Loan. "DDA" shall mean that certain Disposition and Development Agreement, dated as of June 21, 2011, by and between Commission and Developer, as such document may be amended and implemented by the parties thereto. "Grant for Phase I" has the meaning set forth in Section [5.1] of this Grant Agreement. 1.2 Singular and Plural Terms. Any defined term used in the plural in this Grant Agreement shall refer to all members of the relevant class and any defined term used in the singular shall refer to any number of the members of the relevant class. 1.3 Accounting Principles. Any accounting term used and not specifically defined in this Grant Agreement shall be construed in conformity with, and all financial data required to be submitted under this Grant Agreement shall be prepared in conformity with, generally accepted accounting principles applied on a consistent basis or in accordance with such other principles or methods as are reasonably acceptable to Commission. 1.4 References and Other Terms. References herein to Articles, Sections and Exhibits shall be construed as references to this Grant Agreement unless a different document is named. References to subparagraphs shall be construed as references to the same Section in which the reference appears. The terms "including" and "include" mean "including (include) without limitation". Page 2 of 12 m ttN iii9p ws Ju e 6, Zullpm\G aron I Ci R nf'v2R6811Pubp2 Works Yard\City of National City1DDA\Drafts from City\DDA 1.5 Exhibits Incorporated. All attachments to this Grant Agreement, as now existing and as the same may from time to time be modified, are incorporated herein by this reference. 2. PARTIES 2.1 Commission. Commission is the Community Development Commission of the City of National City and any successor to its rights, powers and responsibilities. The principal offices of Commission are located at 1243 National City Boulevard, National City, California 91950. 2.2 CHW. CHW is Community HousingWorks, a California nonprofit, public benefit corporation. The principal offices of CHW are located at 4305 University Avenue, Suite 550, San Diego, California, 92105. 3. CONDITION PRECEDENT TO EFFECTIVENESS It shall be a condition precedent to the effectiveness of this Grant Agreement that the DDA he approved by Commission not later than June 21, 2011, and go into force and effect. 4. COMMISSION RIGHT TO TERMINATE If the DDA terminates prior to the Close of Escrow for Phase I, then Commission, in addition to any and all other rights it may have to terminate this Grant Agreement, shall have the right to terminate this Grant Agreement by notice to CHW. 5 GRANT 5.1 Amount and Purpose. Subject to the temps and conditions of this Grant Agreement, Commission agrees to make a grant to CHW for Phase I (the "Grant for Phase I") in the amount of Fourteen Million Nine Hundred Fifty -Seven Thousand Dollars ($14,957,000 to be used for the sole purpose of CHW making the CHW Third Trust Deed Loan for Phase I to Developer. 5.2 Conditions to Grant for Phase I. Commission's obligation to make and disburse the Grant for Phase I shall be subject to satisfaction of the following conditions precedent: (a) Loan Agreement. CHW, as lender, and Developer, as borrower, enter into a loan agreement, approved by the Executive Director (including, without limitation, all underlying loan documents), pursuant to which CHW uses the Grant for Phase I proceeds for the purpose of making the CHW Third Trust Deed Loan to Developer on terms and conditions consistent with the DDA (the "CHW Third Trust Deed Loan Agreement"). Among Page 3 of 12 bU ecaUratts June 6. 101Lipm\ raan°t gre menC .6.6.11Putioc Works Yard\City of National CityIDDA\Drafts from City\DOA other things, the CHW Third Trust Deed Loan Agreement shall provide that neither it, nor any of its underlying documents (including, without limitation, the promissory note evidencing and/or the deed of trust securing the CHW Third Trust Deed Loan) may be amended, modified or rescinded without the prior written approval of the Executive Director, which approval shall not be unreasonably withheld. (b) Close of Escrow for Phase I. Escrow for Phase I must close concurrently. (c) Disbursement Agreement. CHW, the Phase 1 Construction Lender and Commission have entered into an agreement for disbursement of the Grant for Phase I substantially similar to the Construction Lender/Commission Disbursement Agreement for Phase I and such agreement has been approved by Developer and the Tax Credit Partner for Phase I. (d) Insurance. Commission has received satisfactory evidence that the insurance required pursuant to Article [9] of the Ground Lease for Phase 1 is in full force and effect. (e) Representations and Warranties. The representations of CHW contained in this Grant Agreement shall be correct in all material respects as of the Close of Escrow for Phase I as though made on and as of that date and, if requested by the Executive Director, Commission shall have received a certificate to that effect signed by CHW. (1) No Default. No default by CIIW under this Grant Agreement shall then exist, and no event shall then cxist which, with the giving of notice or the passage of time or both, would constitute such a default by CHW and, if requested by the Executive Director, Commission shall have received a certificate to that effect signed by CHW. 5.3 Disbursement of Grant for Phase I. The Grant for Phase I shall, subject to the terms and conditions of this Grant Agreement, be deposited into the Phase I Escrowin time to permit the close thereof and shall be disbursed therefrom at Close of the Phase 1 Escrow (a) to pay closing costs and expenses shown on the closing statement for the Phase I Escrow, and (h) to the Construction Lender for Phase 1 for deposit into a construction account from which disbursements shall be made periodically by the Construction Lender only to pay Phase I Project Costs in accordance with the Final Project Budget for Phase I. 6. PROGRAM INCOME 6.1 Defined. For the purposes of this Grant Agreement, "Program Income" shall mean all funds collected by CHW in repayment of the CHW Third Trust Deed Loan. L'E Eoeurafs June 6,2 Page 4 of 12 milny`Naatii I Cilv1RFQ 26pc�8 - Pudic Works Yard\City of National City\DDA\Drafts from City\DDA p to/gre men v. .11.s. oc 6.2 Use of Program Income. CHW shall use the Program Income to fund social and educational programming and activities for the benefit of the Project, its residents and the residents of the community of which the Project is a part (the "Paradise Creek -Related Programs and Activities"). Such programs and activities could include, without limitation: (a) resident and/or community -based cleanup efforts in and around the Project, including, without limitation, in and around the Paradise Creek Parcel and/or Paradise Creek Education Park; provided, however, such efforts may not include routine and/or regular maintenance of such property; (b) youth environmental education programming; (c) job corps -type training programs; (d) as matching funds for individual development accounts to assist people of modest means save for the purchase of a lifelong asset, such as a home; or to obtain education and/or job training; and education and coaching programs related to personal finance and credit management; (c) to make first-time homebuyer down payment loans and related homebuyer education and coaching programs; and/or (f) other activities as approved in advance by the Executive Director. 6.3 Submission of Annual Plan. Not later than thirty (30) days after first receipt by CHW of Program Income and every year thereafter for which CHW receives any Program Income, CHW shall submit to the Executive Director for approval (which approval shall not be unreasonably withheld) a plan and budget for the Paradise Creek -Related Programs and Activities that CHW proposes to fund and operate over the ensuing one (1)-year period (the "Annual Plan"). That notwithstanding, the Executive Director shall be under no obligation to allow use of the Program Income to fund programs and activities otherwise obligated to be provided by the Tenant under the Ground Lease for Phase I. Additionally, if the Program Income received by CIIW for any year or succession of years is insufficient to fund and operate any meaningful Paradise Creek -Related Programs and Activities for the ensuing year, CHW may, with the written consent of the Executive Director (which consent shall not be unreasonably withheld) accumulate funds until sufficient by holding such funds (unless de minimis) in an interest -bearing account, with such interest to become Program Income. 6.4 Implementation of Annual Plan. Promptly after approval of any Annual Plan, CHW shall implement that Annual Plan. Page 5 of 12 ( UttrttN 1 �D�atts June 6. 11pr� 1t ran°tn/ gre menfV.ti.F811 sUdoc Works Yard\City of National City\DDA\Drafts from City1DDA 6.5 Acknowledgment of City. Any and all Paradise Creek -Related Programs and Activates printed and/or digital materials, including signage, shall acknowledge, in a manner reasonably satisfactory to the Executive Director, the contribution of the City of National City to the funding of the subject program and/or activity. 6.6 Enforcement of CHW Third Trust Deed Loan Note. In order to reasonably maximize Program Income, CHW shall reasonably enforce payment of the CHW Third Trust Deed Loan Notc. 7 GENERAL REPRESENTATIONS, WARRANTIES AND COVENANTS 7.1 CHW's Formation, Qualification and Compliance. CHW (a) is validly existing and in good standing under the laws of the State of California, (b) has all requisite authority to conduct its business, and has all requisite authority to execute and perform its obligations under this Grant Agreement. 7.2 Litigation. CHW represents and warrants that there are no material actions, lawsuits or proceedings pending or, to the best of CI-IW's knowledge, threatened against or affecting CHW, the adverse outcome of which could have a material adverse affect on CHW's ability to perform its obligations under this Grant Agreement. 8. RETENTION OF RECORDS CHW shall maintain all books, documents, papers, accounting records, and other evidence pertaining to this Grant Agreement and shall make such materials available at its office at all reasonable times during the term of this Grant Agreement and for three (3) years from the date of Close of Escrow for Phase I for inspection by Commission and for furnishing of copies to Commission, if requested. 9. INDEPENDENT CONTRACTOR Both parties hereto in the performance of this Grant Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither CHW nor CHW's employees are employees of Commission and are not entitled to any of the rights, benefits, or privileges of Commission's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. 10. CONTROL Neither Commission nor its officers, agents or employees shall have any control over the conduct of CIIW or any of CHW's employees except as herein set forth, and CHW expressly agrees not to represent that CHW or CHW's agents, servants, or employees are in any Page 6 of 12 I;U eL-chVUraifs June o, 1011.1pm,Grant-y,erne nfw.6.6.11.s aoc Works Yard\City of National City\DDA\Drafts from City\DDA manner agents, servants or employees of Commission, it being understood that CHW, its agents, servants, and employees are as to Commission wholly independent contractors and that CHW's obligations to Commission arc solely such as are prescribed by this Grant Agreement. 11. COMPLIANCE WITH APPLICABLE LAW CHW, in the performance of this Grant Agreement, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances of the City of National City, whether now in force or subsequently enacted. CIIW, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Grant Agreement. 12. NON-DISCRIMINATION PROVISIONS In the performance of this Agreement, CHW shall: (a) not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition; and (b) take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 13. INDEMNIFICATION AND HOLD HARMLESS CHW agrees to defend, indemnify, and hold harmless Commission and the City of National City, and their officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of CHW's negligent performance of this Grant Agreement. 14. INSURANCE CHW, at its sole cost and expense, shall purchase and maintain, and shall require its contractors, if any, to purchase and maintain, until issuance of the Certificate of Completion for Phase I, the following insurance policies: A. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Grant Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). Page 7 of 12 cU NYUrafts June 6, 2RY,TiMrarn #- greeme T..6811s.aoc Works YardlCity of National City\DDA\Drafts from City\DDA B. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/ $2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Grant Agreement. C. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CHW employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of Commission. Said endorsement shall be provided prior to commencement of work under this Grant Agreement. D. The aforesaid policies shall constitute primary insurance as to Commission, its officers, employees, and volunteers, so that any other policies held by Commission shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to Commission of cancellation or material change. E. Said policies, except for the professional liability and workers' compensation policies, shall name Commission and the City of National City, and their officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, CHW shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Grant Agreement. In addition, the "retro" date must be on or before the date of this Grant Agreement G. Any aggregate insurance limits must apply solely to this Grant Agreement. H. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by Commission's Risk Manager. In the event coverage is provided by non - admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. I. This Grant Agreement shall not take effect until eertificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by Commission's Risk Manager, If CHW does not keep all of such insurance policies in full force and effect at all times required under this Grant Agreement, Commission may elect to treat the failure to maintain the requisite insurance as a breach of this Grant Agreement and, subject to the right to notice and cure set forth in Section [17.4 terminate this Grant Agreement as provided herein. Page 8 of 12 Matf=NT 9Pztts Juke 6,2611prn Gaanon 1 eeYf n ,2. .6811Pubo2 Works Yard\City of National City\DDA\Drafts from City1DDA J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by Commission. 15. LEGAL FEES If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Grant Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all reasonable costs and expenses of suit, including reasonable attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. 16. MEDIATION/ARBITRATION If a dispute arises out of or relates to this Grant Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Grant Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 17. TERMINATION A. This Grant Agreement may be terminated by Commission for cause in the event of a material breach of this Grant Agreement and failure by CHW to cure such preach within thirty (30) days after the giving of notice by Commission. If, however, by its nature the failure cannot reasonably be cured within thirty (30) days, CHW may have such longer period of time as is reasonably necessary to cure the failure, provided, however, that CIIW commence said cure within said thirty (30)-day period, and thereafter diligently prosecute said cure to completion within one hundred eighty (180) days. B. Termination with cause shall be effected by delivery of written Notice of Termination to CHW as provided for herein. Page 9 of 12 GUKYZEriN15 2ffEW e b, 6Kml raPPF 6Pa"nent v.d8.11suboi2 Works Yard\City of National City\DDA\Drafts from City\DDA 18. NOTICES All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the Commission: Community Development Commission of the City of National City 1243 National City Blvd. National City, California 91950 Attn: Executive Director To CHW: Community I1ousingWorks 4305 University Ave, Suite 550 San Diego, California 92105 Attn: Anne B. Wilson Sr. VP of Housing & Real Estate Development Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or conununieation sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 19. MISCELLANEOUS PROVISIONS A. Computation of Time Periods. If any date or time period provided for in this Grant Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. Page 10 of 12 MUPEc6PUraits June 6,2dItlpmarrani grec enC .6.6.1j17sIg2 Works Yard\City of National CitylDDA1Drafts from City\DDA B. Counterparts. This Grant Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Grant Agreement are solely for the convenience of the parties hereto, are not a part of this Grant Agreement, and shall not be used for the interpretation or determination of the validity of this Grant Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Grant Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto arc hereby incorporated herein by this reference for all purposes. F. Amendment to this Grant Agreement. The ternis of this Grant Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Grant Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Grant Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Grant Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by cither party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Grant Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Grant Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Grant Agreement, (iv) each party and such party's counsel and advisors have reviewed this Grant Page 11 of 12 BADE TiL'ratts June 0, ZU11pm\.,raani��gree entw.ti.6811PLtoiE Works Yard\City of National City1DDA\Drafts from City\DDA Agreement, (v) each party has agreed to enter into this Grant Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Grant Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WIIEREOF, the parties hereto have executed this Grant Agreement on the date and year first above written. APPROVED AS TO FORM: LAW OFFICES OF LANCE E. GARBER, Commission Special Counsel By: Lance E. Garber COMMUNI. HOUSINGWORKS, a California nonprofit, s, .1 c benefit c. -:oration Its: >1.. /1Cu COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a public body, corporate and politic By: Its: Page 12 of 12 CUfflZtNViDfsaitg June &S)R1'I TY\ taanoyiAgretmenf 2F99i811Pubo� Works Yard\City of National City1DDA\Drafts from City\DDA CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE: June 21, 2011 AGENDA ITEM NO. 133 EM TITLE: IA resolution of the Community Development Commission of the City of National City approving a Disposition and Development Agreement with Paradise Creek Housing Partners LP providing for the development of 201 units of infill affordable housing, public facilities, open spaces and community services on 12.75 acres known as the National City Public Works Center (2200 Hoover Avenue) and former Illes Family Trust site (2020 Hoover). (Low Mod Housing funds.) (Companion items),I PREPARED BY: Patricia Beard PHONE: 4255 DEPARTMENT: elopment APPROVED BY. EXPLANATION: ;Following a 2008 community design process and competitive Request for Qualifications, a partnership of Related Companies of California and Community Housing Works — i.e. Paradise Creek Housing Partners LP, was selected on March 3, 2009 to work exclusively with the CDC to plan for an infill affordable housing project consistent with the Westside Specific Plan adjacent to Paradise Creek between 18tt' and 22nd Streets. After more than two years of effort together on this very complicated site and project, the attached Agreement will allow the CDC and developer to move into detailed planning, followed by construction. Please see the attached Background Report for a detailed explanation of the project and its terms. The project represents the largest financial commitment to a project in the history of the CDC. ..IANCIAL STATEMENT: ACCOUNT NO. 522-409-500-598-3934 APPROVED: Finance 522-409-500-598-3934. This Agreement would commit $6,000,000 in Low Mod Housing Funds reserves and $14,957,000 in 2011 Low Mod Bond funds for Phase I and, if the 2011 Redevelopment I Plan Amendment is successful, anticipates the commitment of $14,909,000 in Low Mod Bond funds for Phase II. A total of $35,866,000 is the necessary CDC assistance for the full project. Additionally the CDC would commit up to $6 million in Low Moderate Housing set aside funds for remediation and relocation of Public Works. ENVIRONMENTAL REVIEW: The certified Environmental Impact Report for the Westside Specific Plan analyzed a Transit Oriented Development for this site. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Background Report 2. Proposed Agreement RESOLUTION NO. 2011 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND PARADISE CREEK HOUSING PARTNERS, LP FOR THE DEVELOPMENT OF 201 UNITS OF AFFORDABLE HOUSING, PUBLIC FACILITIES, OPEN SPACES, AND COMMUNITY SERVICES ON 12.75 ACRES KNOWN AS THE NATIONAL CITY PUBLIC WORKS CENTER AND ILLES FAMILY TRUST SITE WHEREAS, as the result of a competitive request for qualifications process, the Community Development Commission of the City of National City ("CDC"), Related Companies of California, and Community Housing Works entered into an Exclusive Negotiation Agreement on March 3, 2009, to plan for an infill affordable housing project described in the Westside Specific Plan; and WHEREAS, the City of National City owns all of the sites needed to develop the project (APN Nos. 560-206-03, 05, 560-391-05, 10, 08, 560-396-06, 559-104-10, 559-124-05, 559-125-15); and WHEREAS, Related Companies of California and Community Housing Works formed the Limited Partnership called Paradise Creek Housing Partners, LP to complete the project; and WHEREAS, development of the proposed 201-unit infill affordable transit - oriented project is consistent with the Redevelopment Plan for the National City Redevelopment Project, the National City General Plan, and the Westside Specific Plan; and WHEREAS, the CDC pledges to fund: 1. Phase I of the project —109 housing units and the expansion of Paradise Creek Education Park with $6,000 in Low Moderate Housing Fund reserves and $14,957,000 in 2011 Tax Allocation Bond proceeds; and 2. Phase II of the project — 92 housing units with $14,909,000 in future Tax Allocation Bond proceeds. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby approves a Disposition and Development Agreement by and between the Community Development Commission of the City of National City and Paradise Creek Housing Partners, LP for the development of 201 units of affordable housing, public facilities, open spaces, and community services on 12.75 acres known as the National -City -Public WorksCenterand Illes- Family -Trust site. Said Dispositionand Development Agreement is on file in the office of the City Clerk. Resolution No. 2011 — Page Two BE IT FURTHER RESOLVED that the environmental affects of the infill affordable housing project which is the subject of this DDA, have been fully assessed, analyzed, and addressed in the Final Environmental Impact Report SCH No. 2008071092 for the Westside Specific Plan, certified by the City Council on March 16, 2010, and there are no substantive changes to the project that would require further environmental review. BE IT FURTHER RESOLVED that the Community Development Commission Board has considered that the Final Environmental Impact Report SCH No. 2008071092 for the Westside Specific Plan serves as adequate environmental documentation, together with any comments received during the public review process, and finds on the basis of the whole record that that the project was adequately considered by the Final Environmental Impact Report, which reflects the Community Development Commission Board's independent judgment and analysis, and hereby authorizes the filing of a Notice of Determination. PASSED and ADOPTED this 21st day of June, 2011. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: Claudia G. Silva CDC General Council ATTACHIVIEENT 1 BACKGROUND REPORT Protect Background: This project seeks to meet the objectives of the Westside Specific Plan through developing a transit oriented affordable housing project near the 24th Street Trolley Station. • Goal 3.9 (page 30) of the Westside Specific Plan states "Actively pursue partnerships to construct 200 affordable housing units throughout the plan area and to concentrate efforts towards meeting affordable housing goals on parcels surrounding Paradise Creek." • Strategy 3.9 (page 31) states "Require dedication of open space easements for parkland adjacent to Paradise Creek, including passive and active recreation, trails and habitat restoration." • The Land Use section of the Plan (Chapter 3, page 37) calls for Transit Oriented Development on the larger underutilized lands north of the Trolley Station to be developed at a maximum height of five stories and 65-feet including ground level parking. A maximum density of 60 dwelling units per acre is specified. • "Development of the area immediately south of Kimball School will be primarily used for developing affordable housing and supportive services." The Plan, on page 38, reflects an early conceptual site plan prepared by the selected developers. Project Description: The project is a two-phase 201 affordable housing project, including Paradise Creek improvements, park improvements and community facilities, on 12.75 acres owned currently by the City of National City and within unimproved street rights of way. It will be three stories over at grade parking (a slight excavation for parking will take place at the extreme northwest of the project due to topography). The number of units in the project has been determined by the developer to achieve density levels necessary to leverage state funds for the project and still implement a development scale that is attractive to families. The total project cost will be $75,961,000 plus Public Works relocation and site remediation estimated at not -to -exceed $6 million. Phase I equals $42,911,000 including $4,664,000 in California Proposition 1C funds. Phase II equals $33,050,000 including $3,936,000 in California Proposition 1C funds. Phase I: $42,911,000 including $4,664,000 in California Proposition 1C funds, and $20,957,000 in local public subsidy. By acting to approve this DDA the CDC would commit to the local public subsidy as follows: Phase I • $14,957,000 in 2011 Tax Allocation Bond funds, • $5,404,508 in local low moderate housing fund reserve funds, Background report for WITOD DDA 6-21-11 • $500,000 in California Prop 1 C Catalyst Projects for California Funds, • $95,492 in locally issued HOME federal funds. The local low moderate housing fund reserve subsidy could be reduced by $756,000 if Project Based Section 8 Vouchers can be successful won for this phase*, • Phase I also includes relocation of Public Works and site remediation to be paid for from low moderate housing funds for Fiscal Year 2011-12. Phase II • $14,909,000 in Tax Allocation Bond funding. This subsidy could be reduced by $644,000 if Project Based Section 8 Vouchers can be successfully won for this phase*. Scope of Development: Phase I consists of 109-units primarily located on the current site of the National City Public Works Center. Phase II consists of 92- units primarily on the Illes Family Trust site and the west side of Paradise Creek. A concept plan is included as Exhibit B of the Disposition and Development Agreement ("DDA"). The expansion and improvement of Paradise Creek Education Park will be fully constructed as part of Phase I of the project. When completed, Paradise Creek Education Park will be fully accessible to the general public and not restricted to project residents. Common facilities anticipated include laundry facilities, a community room, office space, a swimming pool, barbeque area and tot lot. A community garden is also being considered. The project will also include an enhanced streetscape along 22nd Street to the 24th Street Trolley Station. Project Timing: The project benefits from an award of $8.6 in California Proposition 1C bond funds which must be expended by March, 2016. Accordingly, the Schedule of Performance provides certain generous time frames in the hopes of avoiding DDA amendments for schedule but require project completion by March, 2016. For the first 120 days, the developer will conduct due diligence activities such as geotechnical studies and the CDC will complete and seek approval of a Property Mitigation Plan ("PMP") for remediation of hazardous materials from the California Department of Toxic Substances Control. Following due diligence and approval of the PMP, the developer will prepare application and submit for land use entitlements for the project. During this phase the public will be included in final site design, aesthetic considerations and park and open space planning. At latest, the entitlements will be achieved for the project 13 months after execution of the DDA. Following entitlements and the completion of the CDC's portion of activities under the PMP, construction documents will be prepared, the project will be competitively bid and construction will commence. Background report for WITOD DDA 6-21-11 Paradise Creek: In response to requests from Paradise Creek Educational Park Incorporated, the current concept plan shows the project set back from Paradise Creek farther than was shown in the concept plan included in the Westside Specific Plan. Detailed planning for the open space around Paradise Creek, in conjunction with community, stakeholder and potential funder participation, will be completed as part of design development following the due diligence period in the DDA. As stated earlier in this report, although the open space expansion will be developed by the project, the improvements will be open to the public. Affordability and Unit Sizes: In order to achieve maximum affordability for this project staff and the developer intend to seek Project Based Section 8 Vouchers for 25-percent of the units. These Vouchers, which cannot be pre -committed in the DDA and which will be subject to an open competitive process, would reduce rents in 25-percent of the project to 30-percent of the residents income, with the balance being paid by the federal government. (Note — 25-percent is the maximum amount of Project Based Section 8 Vouchers allowed by HUD.) The rents currently shown in the project pro forma are set at levels required by California Redevelopment Law and the Low Income Housing Tax Credit ("TCAC") program. Forty-nine (49) percent of the units will be restricted by "redevelopment rents" and 51-percent by TCAC. The unit mix and affordability is as follows (AMI means "Area Median Income" — a formula for establishing affordable rents): Phase I Phase II TOTAL Units at 30% AMI 12 11 23 Units at 40% AMI 23 21 44 Units at 50% AMI 73 59 132 Manager Unit 1 1 2 TOTAL 109 92 201 The proposed unit sizes are as follows: Phase I Phase II TOTAL Studio 0 6 6 One bedroom 24 21 45 Two bedroom 49 36 85 Three bedroom 36 29 65 TOTAL 109 92 201 Basic Deal Terms: The Summary (or "33433") Report that is a companion item to the DDA explains the deal terms for the disposition of the Public Works Center Background report for WTTOD DDA 6-21-11 and Illes Family Trust site for the project. A basic summary of those terms is as follows: • Once construction is complete and the project is occupied by tenants, the developer will lease the site for 99 years; • The project will remain affordable for at least 55 years; • Rents will be paid to the City of National City General Fund of $75,000 (plus escalation for Years 31 — 55) for 55 years, thereafter either negotiation or an appraisal will be used to establish rents for years 56 — 99*; • The lease -hold will exclude Paradise Creek open space and park; the parcel for this space will be defined during the entitlement process and the City will maintain this space consistent with its maintenance of other City parks; • There is no developer profit in the project. The developer will be paid the fee allowed by TCAC: $2.5 million for each phase or $5 million total; • $6 million in CDC low moderate housing funds reserves and non -local funds will be loaned to the developers for use in the project; • Tax exempt CDC bond funds will be granted to non-profit Community Housing Works, which will loan the funds to the for -profit developer. These funds amount to $14,957,000 for Phase I and $14,909,000 for Phase 11 (the grant agreement, including uses of repaid grant funds, is a companion item to the DDA on this evening's agenda); • The CDC will relocate the Public Works Center and remediate the site using funds additional to the subsidy. These funds — estimated at $4 — 6 million — are available in the existing Capital Improvement Budget and 2011-12 Low Mod Housing funds; • The developer will apply for 4-percent low income housing tax credits and Project Based Section 8 Vouchers for both phases; and • The final, actual project subsidy will only be the total necessary for the project. The amounts shown in this staff report are the highest amounts and can be reduced by grants and Project Based Section 8 Vouchers. Service Programming: Community Housing Works will provide bilingual, age appropriate services to residents of the project. Services will include: • After school computer access, tutoring; • Family education on sustainable ("green") practices, work readiness and vocational and leadership training; • Financial fitness training focused on sustainable financial goals; and • Homebuyer education — an incubator to provide education and counseling to assist residents in realizing the dream of home ownership. Residents will also have access to first-time homebuyer loans after completion of the educational program. Leveraging of Local Funds: City staff and the developers have been actively pursuing non -local funds to assist funding this project. Certain non -local funds Background report for WITOD DDA 6-21-11 secured to date are included in the subsidy amount and future non -local funds secured may help to reduce the subsidy amount. Non -local funding secured to date: • $8.6 million — Prop 1C Infill Infrastructure funding; • $500,000 Proposition 1 C Catalyst Projects for California Funding; • $95,492 in City -issued HOME federal funds; • $330,000 in pre-DDA environmental studies and technical support has been provided by the US Environmental Protection Agency that is not included in the financial documents for the project; and • $130,000 in pre-DDA due diligence environmental studies has been provided by the California Department of Toxic Substances Control. Non -local funding to be pursued in the future: • 27 Project Based Section 8 Vouchers for Phase 1 and 23 Project Based Section 8 Vouchers for Phase II. Each Section 8 Voucher has a value of $28,000 and could reduce the CDC subsidy*; • Potential EPA site clean-up funds for the Illes Trust site (value to be determined) which would reduce the CDC's remediation costs; • Other funding from the Department of Housing and Urban Development; • Potential state funding from the California Coastal Conservancy to assist with development of Paradise Creek Education Park valued at up to $1.6 million which would reduce the CDC subsidy; and • 4-percent low income housing tax credits already presumed in the subsidy. *Note: as stated in the DDA, should Project Based Section 8 Vouchers be awarded to the project the rents paid to the City's General Fund will be increased on a pro rata basis. Should all desired Vouchers be obtained for the project the annual rent will increase from $75,000 to $131,000 per year. Security of Funds: Although all real estate projects involve risk, the CDC has attempted to secure its funds in the event of a project failure. A pre -development loan, within the total amount of the subsidy, of not to exceed $3,741,600, will be made to cover the costs of developer due diligence and pre - development expenses. These funds are subject to a guaranty from the developer, which would pay the CDC back in the event of a default of the DDA or provide the CDC with the drawings and land use entitlements necessary to complete the project with an alternate developer. Should circumstances other than a default and beyond the control of the CDC and/or developer occur, the DDA could be terminated. The land for the project will be secure as it will not be subordinated to the loans for the project. Background report for WITOD DDA 6-21-11 DISPOSITION AND DEVELOPMENT AGREEMENT [Transit -Oriented Infill Affordable Housing and Paradise Creek Enhancement Project] By and Between COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY and PARADISE CREEK HOUSING PARTNERS, L.P. Dated as of June 21, 2011 \\edcnt\datal\users\PRcard \pyatok\Final DDA docs\DDA v 6 6 1 1 s x FINAL FINAL 6-8-11.doc DISPOSITION AND DEVELOPMENT AGREEMENT [Transit Oriented Infill Affordable Housing and Paradise Creek Enhancement Project ] THIS DISPOSITION AND DEVELOPMENT AGREEMENT (the "Agreement") dated, for identification purposes only, as of June 21, 2011 (the "Effective Date"), is made and entered into by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ("Commission"), a public body, corporate and politic (the "Commission"), and PARADISE CREEK IIOUSING PARTNERS, L.P., a Califomia limited partnership (the "Developer"), with reference to the following: RECITALS A. WHEREAS, the administrative and managing general partners of Developer are experienced developers, owners and operators of affordable housing in California; B. WHEREAS, City owns approximately 12.75 acres of land located on either side of Paradise Creek and near the 24th Street Metropolitan Transit System Trolley Station, between Harding Avenue, 19th Street, Hoover Avenue, and West 22nd Street (the "Site") as shown on the Site Map attached hereto as Exhibit ["A"] (the "Site Map"). For purposes of reference, the Site includes the "Public Works Yard" and the "11les Trust Property." The Public Works Yard contains an area of approximately 11.33 acres and is more particularly described on Exhibit "A- 1" attached hereto. The Ines Trust Property contains an area of approximately 1.42 acres and is more particularly described in Exhibit ["A-2;"] C. WHEREAS, a stretch of Paradise Creek and adjoining land area on each side thereof [the precise dimensions of which area will be determined during the Land Use Entitlement process] is not part of the Site (the "Paradise Creek Parcel"), but will be owned by the City of National City (the "City"), improved as open space by Developer as an off -site improvement in accordance with this Agreement, and thereafter maintained by City; D. WIIEREAS, pursuant to the terms and conditions of this Agreement and as more particularly provided herein, the parties hereto desire: 1. for Developer, pursuant to a parcel map to be prepared by Developer and approved by City, to create out of the Site two (2) development parcels (the "Phase I Parcel," the "Phase II Parcel" and/or a "Parcel" or the "Parcels") and the Paradise Creek Parcel, which Parcels shall be generally consistent with the "Conceptual Development Program" attached hereto as Exhibit ["B,"] as such Conceptual Development Program may be modified in the course of the Land Use Entitlement process for the Site; 2. for Commission and Developer to enter into a ground lease for the Phase I Parcel for the development thereon of three (3) buildings containing a 109-unit affordable rental housing project for persons and families of very low and low-income ("Phase I"); 3. for Commission and Developer, subsequently, to enter into a ground lease for the Phase II Parcel for the development thereon of two (2) buildings containing an additional 92-unit affordable rental housing project for persons and families of very low and low-income ("Phase II"); 1 \\cdcnt\datal\users\PReard\pyatok\ final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11-doc 4. for Developer to make, concurrent with the development of Phase I and without limitation, the following off -site improvements: (a) improvement of the Paradise Creek Parcel, and (b) improvement and expansion, for the benefit of the entire community, of Paradise Creek Educational Park and the recreational area designated on Exhibit ["A"]; 5. for Phase I to include certain community facilities for the use of the residents of both Phase I and Phase II; and 6. for Developer to provide certain social services for the benefit of all of the residents of the Project. E. WHEREAS, in order to defray a portion of the Project Cost, Developer, as more particularly provided in Exhibit ["C"] attached hereto, has been awarded approximately $8,600,000 in certain financial assistance by the California Department of Housing and Community Development ("HCD") under its Multifamily Housing Program, with such funding coming from the Housing and Emergency Shelter Trust Fund Act of 2006 (Proposition 1C) (the "Proposition 1C Financial Assistance"); and F. WHEREAS, in order to make the Project financially feasible, Commission will also make a subordinate loan to Developer for each Phase. NOW, THEREFORE, for and in consideration of the mutual promises, covenants, and conditions herein contained, Commission and Developer hereto agree as follows: 1. DEFINITIONS AND INTERPRETATION 1.1 Defined Terms. As used in this Agreement (including in the Recitals above), capitalized terms are defined where first used or as set forth in this Section [1.1]. Capitalized terms used in an exhibit attached hereto and not defined therein shall also have the meanings set forth in this Section [1.1]. "AB 389" means the California Land Reuse and Revitalization Act of 2004. "Building Permit" means, for each Phase, all permits issued by City and required for commencement of construction of the Improvements for the subject Phase. "Business Days" means days on which City Hall of City is open to the public for business. "CDLAC" means the California Debt Limit Advisory Committee. "Certificate of Completion" has the meaning set forth in Article [19]. "CHW" means Community HousingWorks, a California nonprofit, public benefit corporation, or an affiliate thereof approved by the Executive Director. 2 \\cdcnt\datal\users\PReard\pyatok\Final DDA du sU)DA v 6 6 11 s x FINAL FINAL 6-8-1 l.doc "CHW Fourth Trust Deed Loan Documents for Phase I" means the documents and instruments required by CI-IW to evidence and secure the CHW Fourth Trust Deed Loan for Phase I. "CHW Fourth Trust Deed Loan for Phase I" has the meaning set forth in Section [9.2(e)]. "CHW Fourth Trust Deed Loan Security Documents for Phase I" means the documents and instruments required by the CHW to secure the CHW Fourth Trust Deed Loan for Phase II. "CHW/Commission Grant Agreement" means that certain Grant Agreement, dated as of even date with this Agreement, by and between CHW and Commission. "CHW Third Trust Deed Loan Documents for Phase I" means the documents and instruments required by CHW to evidence and secure the CHW Third Trust Deed Loan for Phase I. "CHW Third Trust Deed Loan Documents for Phase II" means the documents and instruments required by CHW to evidence and secure the CHW Third Trust Deed Loan for Phase II. "CHW Third Trust Deed Loan for Phase I" has the meaning set forth in Section [9.2(d)]. "CHW Third Trust Deed Loan for Phase II" has the meaning set forth in Section [10.2(d)]. "CHW Third Trust Deed Loan Security Documents for Phase I" means the documents and instruments required by the CHW to secure the CHW Third Trust Deed Loan for Phase I. "CHW Third 'Trust Deed Loan Security Documents for Phase II" means the documents and instruments required by the CHW to secure the CHW Third Trust Deed Loan for Phase II. "City" means the City of National City, California. "Close of Escrow" means, for each Phase, recordation of the Memorandum of Ground Lease, Senior Loan Security Documents, Commission Subordinate Loan Deed of Trust, Reciprocal Rights Documents, and Notice of Affordable Units, in the Official Records. "Commission Counsel" means Commission general or special counsel. "Commission Subordinate Loan" means, for Phase I, the loan to be made to Developer pursuant to Section [9.3] and, for Phase II, the loan to be made to Developer pursuant to Section [10.3]. 3 \\cdcnt\dalal\users\PReard\pyatok\ final DDA docs\DDA v 6 6 11 s x FINAL. FINAL 6-8-1 I.doc "Commission Subordinate Loan Closing" means, for each Phase, recordation of the Commission Subordinate Loan Deed of Trust for that Phase in the Official Records. "Commission Subordinate Loan Deed of Trust" means, for each Phase, the deed of trust encumbering Developer's leasehold interest in the Parcel for that Phase, in the form attached hereto as Exhibit ["K"], to be executed by Developer to secure the Commission Subordinate Loan Note for the subject Phase. "Commission Subordinate Loan Documents" means, collectively for each Phase, this Agreement, the Commission Subordinate Loan Note, the Commission Subordinate Loan Deed of Trust and any other agreement, document or instrument that Commission requires in connection with the Commission Subordinate Loan for the subject Phase. "Commission Subordinate Loan Note" means, for each Phase, that certain promissory note in the form attached hereto as Exhibit ["J"], to be executed by Developer in favor of Commission to evidence the obligation of Developer to repay the Commission Subordinate Loan for the subject Phase. "Commission Title Policy" has, for Phase I, the meaning set forth in Section [9.3.4(f)] and, for Phase II, the meaning set forth in Section [10.3.4(0]. "Conceptual Development Program" has the meaning set forth in Recital ["D(1),"] above, and is attached hereto as Exhibit ["B"]. "Construction" means, for each Phase, construction, pursuant to this Agreement, of the Improvements for the subject Phase. "Construction Lender" means, for each Phase, the first trust deed lender that provides construction financing for the subject Phase. "Construction Lender/Commission Disbursement Agreement" has, for Phase I, the meaning set forth in Section [9.3.3(a)], and, for Phase II, the meaning set forth in Section [10.3.3(a)]. "Construction Loan" means, for each Phase, the construction loan secured by the Senior Loan Security Documents for the subject Phase. "Construction Loan Closing" means, for each Phase, recordation of the Senior Loan Security Documents and the Commission Subordinate Loan Deed of Trust for the subject Phase in the Official Records. "County" means the County of San Diego, California. "Developer" has the meaning set forth in the opening paragraph of this Agreement. "Developer Fee" has, for Phase I, the meaning set forth in Section [9.9], and, for Phase II, the meaning set forth in Section [10.9]. 4 \\cdcnt\datal\nsers\PBeard\pyatok\Final DDA does\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc "Developer's Predevelopment Expense" has the meaning set forth in Section [7.9]. "Developer Title Policy" has, for Phase 1, the meaning set forth in Section [11.6(c)] and, for Phase II, the meaning set forth in Section [12.6(c)]. "Draft PMP" means the form of the Preliminary PMP agreed upon by Commission and Developer to be submitted to DTSC for approval. "DTSC" means the California Department of Toxic Substance Control. "DTSC Partial Certificate" has the meaning set forth in Section [14.1(c)]. "Due Diligence" has the meaning set forth in Section [4.1]. "Due Diligence Period" has the meaning set forth in Section [4.1]. "Effective Date" has the meaning set forth in the opening paragraph of this Agreement. "Escrow" means, for each Phase, the escrow through which (a) the subject Parcel is ground leased to Developer, (b) the Construction Loan Closing for the subject Phase is conducted, (c) the Commission Subordinate Loan Closing for the subject Phase is conducted, and (d) the Proposition 1C Financial Assistance be fully and finally committed to construction of the Improvements by HCD (via the CHW Fourth Trust Deed Loan for Phase I and via the CHW Third Trust Deed Loan for Phase II). subject Phase. "Escrow Holder" means, for each Phase, the firm that holds the Escrow for the "Event of Default" has the meaning set forth in Section [22.1]. "Evidence of Financing" has, for Phase I, the meaning set forth in Section [11.4(4 and, for Phase II, the meaning set forth in Section [12.4(c)]. designee. "Executive Director" means the Executive Director of the Commission or his "Federal 4% Tax Credits" has the meaning set forth in Section [9.2(a)]. "Federal 9% Tax Credits" has the meaning set forth in Section [10.2(a)]. "Final Construction Documents" means, for each Phase, plans, drawings and specifications in sufficient detail to support issuance of a Building Peinut for the Improvements of the subject Phase. "Final PMP" means the Property Mitigation Plan for the Site approved by the DTSC. 5 \\cdcnt\datal\users\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-1 I.doc Development. "Final Project Budget" has, for Phase I, the meaning set forth in Section [11.4(b)] and, for Phase II, the meaning set forth in Section [12.4(b)], as such Final Project Budgets may be amended from time -to -time by Agreement of the parties. "Final SPP" means the Site Preparation Plan entered into between Commission and Developer for each Parcel. "General Contractor" has, for Phase I, the meaning set forth in Section [11.4(d)] and, for Phase II, the meaning set forth in Section [12.4(d)]. "Ground Lease" means, for each Phase, the Ground Lease attached hereto in the form of Exhibit ["I,"] as customized for the terms and conditions of the subject Phase. "HCD" means the California Department of Housing and Community "HUD" means the U.S. Department of Housing and Community Development. "Isles Trust Property" has the meaning set forth in Recital ["B,"] above "Improvements" means, for each Phase, the improvements to be made to the subject Parcel in accordance with this Agreement, including, without limitation, in accordance with the Scope of Development and the Final Construction Documents. "Indenmitees" means the Commission, City, and their officers, employees, representatives, agents and volunteers. "Land Use Entitlements" has the meaning set forth in Section [5.1]. "No Further Action Letter" shall have the meaning ascribed in Section [14.1(c)]. "Notices" has the meaning set forth in Article [23]. "Official Records" means the Official Records of the County. "Paradise Creek Educational Park" is the public park located at Coolidge Avenue and West 19th Street, in the City of National City. "Paradise Creek Parcel" has the meaning set forth in Recital ["B,"] above "Parcel" means the Phase I Parcel or the Phase II Parcel as the context requires. "Parcel Map" means the parcel map approved by City or Commission pursuant to Section [6.1]. "Permitted Encumbrances" means, for each Phase, the Senior Loan Security Documents and such other exceptions to title approved by the Executive Director. 6 \\cdcnt\datal\users\PReard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-1 Ldoc "Phase" means either or both Phase I and Phase II as the context requires. "Phase I" means transfer and development of the Phase I Parcel in accordance with the terms and conditions of this Agreement. Phase I may also mean the housing project resulting from completion of Phase I. "Phase II" means transfer and development of the Phase II Parcel in accordance with the terms and conditions of this Agreement. Phase II may also mean the housing project resulting from completion of Phase II. "Phase I Escrow" means the Escrow for Phase I. "Phase I Improvements" means the improvements to be made to the Phase I Parcel pursuant to this Agreement. "Phase II Escrow" means the Escrow for Phase II. "Phase II Improvements" means the improvements to be made to the Phase II Parcel pursuant to this Agreement. "Phase I Parcel" has the meaning set forth in Recital ["D(l),"] above. "Phase II Parcel" has the meaning set forth in Recital [" D(1),"] above. "Phase I Predevelopment Work Loan" has the meaning set forth in Section [7.3]. "Phase I Project" means development of the Phase I Parcel in accordance with the terms and conditions of this Agreement. "Phase II Project" means development of the Phase II Parcel in accordance with the terms and conditions of this Agreement. "Polanco Act" means the Polanco Redevelopment Act (Health & Safety Code §§ 33459.1, et seq.), "Predevelopment Documents" means, for each Phase, any and all plans, studies, drawings, models, reports, permits and Land Use Entitlements for the subject Phase. "Predevelopment Work Loan" means the Phase I Predevelopment Work Loan, the Phase II Predevelopment Work Loan, or both, as the context requires. "Preliminary PMP" has the meaning set forth in Section [4.4(a)]. "Preliminary Project Budget" has, for Phase I, the meaning set forth in Section [9.1] and, for Phase II, the meaning set forth in Section [10.1]. "Preliminary SPP" has the meaning set forth in Section [4.4(b)]. 7 1\cdcntldata1\users\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-1 Ldoc "Prime Rate" means the reference or prime rate of Bank of America, N.T. & S.A., in effect from time to time. "Project" means the Phase I Project, the Phase II Project, or both, as the context reasonably requires. "Project Architect" means Pyatok Architects Inc or Studio E Architects, or such other architect as may be approved by the Executive Director. "Project Budget" means the final budget approved by Developer and the Executive Director for each Phase of the Project. "Project Costs" means, for each Phase, all costs of any nature incurred in connection with development of the subject Phase, including, without limitation, the cost of the Commercial PLL required pursuant to Sections [11.4(f) and 12.4(f)]. "Project Documents" means, collectively for each Phase, this Agreement, the Commission Subordinate Loan Note, the Commission Subordinate Loan Deed of Trust, the Reciprocal Rights Documents, and any other agreement, document or instrument that Developer and Commission enter into for the subject Phase pursuant to this Agreement or in order to effectuate the purposes of this Agreement. "Property" means either or both Parcels as the context may reasonably require. "Proposed Map" has the meaning set forth in Section [6.1]. "Proposition 1C Financial Assistance" has the meaning set forth in Recital ["E,"] above. "Public Works Yard" has the meaning set forth in Recital ["B,"] above "Reciprocal Rights Documents" has the meaning set forth in Section [11.4(y)]. "Redevelopment Plan Amendment" means an amendment to the Redevelopment Plan for the National City Redevelopment Project Area substantially in the form of the draft document attached hereto as Exhibit ["Q"]. "Request for Notice" has, for Phase I, the meaning set forth in Section [9.3.4(d)] and, for Phase II, the meaning set forth in Section [10.3.4(d)]. "Schedule of Performance" means the Schedule of Performance attached hereto as Exhibit ["D"]. "Schematic Design Documents" means the initial architectural design documents for the Improvements, including: refinement, if any, of the Conceptual Development Program; floor plans; exterior elevations; building sections of critical areas; and preliminary landscape plans. 8 \\edcnt\dataI\users\PBeard\pyatok\Fina1 DLA docs\DDA v 6 6 11 s x FINAL FINAL 6-A-11.doc "Scope of Development" means the Scope of Development attached hereto as Exhibit ["F"], as such Scope of Development shall be amended from time -to -time by Commission and Developer. "Senior Lender" means, for each Phase, the Construction Lender or the Take - Out Lender for the subject Phase, as the context requires, and their successors and assigns. "Senior Loan" means, for each Phase, the respective Construction Loan or Take - Out Loan as the context requires. "Senior Loan Documents" means, for each Phase, the documents and instruments required by the Senior Lender to evidence and secure the Senior Loan for the subject Phase. "Senior Loan Security Documents" means, for each Phase, the documents and instruments required by the Senior Lender to secure the Senior Loan for the subject Phase. "Set -Aside Funds" means funds in Commission's Low and Moderate -Income Housing Fund maintained pursuant to the California Community Redevelopment Law. "Site" has the meaning set forth in Recital ["A,"] above. "Site Map" means the Site Map attached hereto as Exhibit ["A"]. "Site Plan" has the meaning set forth in Section [5.1]. "Take -Out Lender" means, for each Phase, the lending institution that makes the Take -Out Loan for the subject Phase and its successors and assigns. "Take -Out Loan" means, for each Phase, the long-term loan made by the Take - Out Lender to Developer in order to take out the Construction Loan for the subject Phase. "Tax Credits" means, for Phase I, the Federal 4% Tax Credits required to finance Phase I in the manner contemplated in the Preliminary Project Budget for Phase I and Article [9]; and, for Phase II, the Federal 4% Tax Credits required to finance Phase II in the manner contemplated in the Preliminary Project Budget for Phase II and Article [10]; "Tax Credit Funds" has, for Phase I, the meaning set forth in Subdivision [11.4(c)(ii)] and, for Phase II, the meaning set forth in Subdivision [12.4(c)(ii)] "Tax Credit Partner" means, for each Phase, the limited partner in Developer (or assignee) that supplies the Tax Credit Funds for the subject Phase. - "TCAC" means the California Tax Credit Allocation Committee. "Title Company" means First American Title Insurance Company or such other title insurance company agreed to by Developer and the Executive Director. 9 \\cdcut\datal\users\PBeard\pyatok\Fival DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc 1.2 Singular and Plural Terms. Any defined term used in the plural in this Agreement shall refer to all members of the relevant class and any defined term used in the singular shall refer to any number of the members of the relevant class. 1.3 Accounting Principles. Any accounting term used and not specifically defined in this Agreement shall be construed in conformity with, and all financial data required to be submitted under this Agreement shall be prepared in conformity with, generally accepted accounting principles applied on a consistent basis or in accordance with such other principles or methods as are reasonably acceptable to Commission. 1.4 References and Other Terms. References herein to Articles, Sections and Exhibits shall be construed as references to this Agreement unless a different document is named. References to subparagraphs shall be construed as references to the same Section in which the reference appears. The terms "including" and "include" mean "including (include) without limitation". 1.5 Exhibits Incorporated. All attachments to this Agreement, as now existing and as the same may from time to time be modified, are incorporated herein by this reference. 2. PARTIES 2.1 Commission. Commission is the Community Development Commission of the City of National City and any successor to its rights, powers and responsibilities. The principal offices of Commission are located at 1243 National City Boulevard, National City, California 91950. 2.2 Developer. Developer is Paradise Creek Housing Partners, L.P., a California limited partnership. The principal offices of Developer are located at (a) c/o The Related Companies of California, 18201 Von Karman Avenue, Suite 900, Irvine, California, 92612, and (b) Community HousingWorks, 4305 University Avenue, Suite 550, San Diego, California, 92105. 3. SCHEDULE OF -PERFORMANCE A Schedule of Performance for each Phase of the Project is attached hereto as Exhibit ["D"]. The Schedule of Performance sets forth the times by which the parties are to perform certain obligations under this Agreement. The Schedule of Performance may be modified from time to time by written agreement of Developer and Executive Director. 4. DEVELOPER DUE DILIGENCE, TITLE REVIEW & APPROVAL, & PRELIMINARY PROPERTY MITIGATION & SITE PREPARATION PLANS 4.1 Due Diligence. Developer's obligation to perform its obligations under this Agreement is conditioned on its reasonable determination of its ability to perform this Agreement after an examination of the physical and environmental condition of the Site ("Due Diligence"). Developer shall have until one hundred twenty (120) days after the Effective Date 10 \\cdcnt\datallusers\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11doc (the "Due Diligence Period") to conduct such investigations as Developer may choose to determine if this contingency is met. On or before expiration of the Due Diligence Period, Developer shall deliver written notice to Commission of removal of this contingency or termination of this Agreement. Any such notice of termination shall include a reasonably detailed statement by Developer of those findings of Developer that caused it to determine that it could not perform its obligations under this Agreement based on the terms, conditions and assumptions hereof, including, most importantly, the assumptions contained in the Preliminary Project Budget attached hereto. Failure by Developer to notify Commission of termination of this Agreement in a timely manner shall be deemed removal of this contingency. 4.2 Access to Site. As part of its Due Diligence, Developer may conduct such inspections, tests and studies as it determines reasonably necessary. Developer and Developer's consultants, agents, engineers, inspectors, contractors and employees ("Developer's Representatives") shall be given reasonable access to the Site during regular business hours for the purpose of performing such Due Diligence. Except as expressly provided herein to the contrary, Developer shall undertake the Due Diligence at its sole cost and expense. Developer shall indemnify, defend with counsel reasonably satisfactory to the Executive Director, and hold Commission and City harmless from all claims (including claims of lien for work or labor performed or materials or supplies furnished), demands, liabilities, losses, damages, costs, fees, and expenses, including Commission's and/or City's reasonable attorney fees, costs and expenses, arising from the acts and/or activities of Developer and/or Developer's Representatives in, on, or about the Site during and/or arising in connection with Developer's inspections of the Site, other than diminution in value due to any condition at, on or under the Site prior to the Effective Date and discovered during such investigation. 4.3 Title and Survey. Developer's obligation to perform its obligations under this Agreement is conditioned on its approval of title to the Site and an ALTA survey (the "Survey") of the Site. On or prior to the expiration of the Due Diligence Period, Developer shall deliver to Commission written notice of Developer's objections, if any (the "Title Objections"), to any (a) monetary liens and/or encumbrances, and/or (b) other title exceptions revealed by a preliminary title report, underlying documents thereto or the Survey, if such title exception would either (i) materially increase the cost to develop the Project based on the Preliminary Project Budget attached hereto, or (b) be reasonably unacceptable to a Senior Lender and/or Tax Credit Partner. If Developer does not deliver any such objection notice on or prior to the expiration of the Due Diligence Period, Developer shall be deemed to have agreed to accept title to the Site in the condition. In addition, Developer shall have the right to object by delivery of written notice to Commission, on or prior to the earlier of (i) ten (10) Business Days after receipt of notice of a new exception or encumbrance (which was not revealed by the initial preliminary title report), and (ii) one (1) day prior to Close of Escrow for a particular Phase (but in all events no earlier than five (5) Business Days after receipt of notice thereof), to any new items of record; provided, however, if Developer does not deliver any such objection notice, Developer shall be deemed to have accepted such new exception or encumbrance. Within fifteen (15) Business Days of receipt of Developer's Title Objections, Commission shall notify Developer in writing (the "Response Notice") if it is willing to remove any such Title Objections. If (a) Commission fails to send the Response Notice within such fifteen (15)-Business Day period, and (b) Developer's Title Objection included notice that failure to respond within fifteen (15) Business Days will be deemed Commission's agreement to remove certain Title Objections, Conunission 11 \\cdcut\datal\userswBeard\pyatok\Final DDA docsWDA v 6 6 I1 s x FINAL FINAL 6-8 11.doc shall be deemed to have agreed to remove each of the Title Objections from the Site prior to the Close of Escrow for the Phase(s) to which such Title Objections relate. If Commission declines to remove any of the Title Objections, Developer may, within ten (10) Business Days and provided that it is not then in default under this Agreement, terminate this Agreement by notice to Commission; otherwise Developer shall proceed to the Close of Escrow for the applicable Phase and accept title to such Phase subject to such Title Objections remaining uncured by Commission. 4.4 Preliminary Property Mitigation & Site Preparation Plans. Commission, not later than July 21, 2011, shall prepare and submit to Developer for review and approval the following: (a) A preliminary "Property Mitigation Plan" for the Site, the final and completed form of which (following approval by Developer) will be submitted by Commission to the DTSC for approval as soon as reasonably possible (the "Preliminary PMP"); and (b) A preliminary "Site Preparation Plan," final and completed forms of which will be entered into by Commission and Developer for each Phase (the "Preliminary SPP"). The purpose of the Site Preparation Plan for each Phase is to govern the rights and obligations of Commission and Developer as to implementation of the Final PMP for the Project. The Site Preparation Plan for each Phase will acknowledge and/or recognize the following: (c) For purposes of implementation of the Final PMP, neither Developer nor Commission shall be deemed, construed or interpreted as the generator of the hazardous waste to be remediated. Developer and Commission are informed and believe that such designation will be borne by City. Accordingly, City would sign all manifests or other documents required under state or federal law to track such wastes removed from the Property, whether such removal is performed by a contractor under contract to City, Commission, or to Developer. That notwithstanding, Developer acknowledges and agrees that at such time as DTSC acknowledges in writing satisfactory completion of the mitigation measures described in the Final PMP, the obligation of City to sign such manifests or other documents as generator of the waste from the Property shall expire and be of no further force or effect. (d) All ground water monitoring and remediation required by the Final PMP, if any, will be the responsibility of Commission and be performed without cost or expense to Developer. (e) In no case shall Developer be required to perform any in situ remediation of hazardous waste for the Project. (f) The Final PMP may require measures such as installation of vapor barriers on building pads and/or paving over residual hazardous materials to prevent exposure. The reasonable cost of any such required work that would not 12 \lcdcnt\fatal\users\PBeard\pyatokWinal DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-1 Ldoc otherwise independently be required in the ordinary course of construction of the Project (e.g., vapor barriers if required) shall be the obligation of Commission. Any such required work that would otherwise independently be required in the ordinary course of construction of the Project (e.g., paving over residual hazardous materials to prevent exposure if required) shall be the obligation of Developer to be paid for as a Project Cost. As of the date of this Agreement, it is the intention of the parties that the Site Preparation Plans will include, among other things: (g) That Commission, prior to the Close of Escrow for the subject Parcel and without cost or expense to Developer, first will perform certain of the remediation of all surficial expressions of hazardous waste to the extent necessary to achieve regulatory compliance, but not to a depth greater than ten (10) feet, except to the extent necessary to remediate groundwater contamination. (h) That Developer will, upon completion by Commission of the work described in (g) immediately above and by notice from the Executive Director, be given access to the subject Parcel for the purpose of performing, at the cost and expense of Commission but in conjunction with certain Developer regular site preparation work independently required for the Phase (to be paid for by Developer as a Project Cost and funded out of the Predevelopment Work Loan for the subject Phase), that portion of the remediation work (should any be required) most logically and cost-effectively performed with that site preparation work. Such work may include (a) removal of hazardous wastes exposed by Commission in performance of its obligation under (g) immediately above but residing at a depth greater than ten (10) feet, and (b) removal of hazardous wastes encountered in the course of the grading performed as part of the site preparation work independently required for the Phase. That notwithstanding, Developer's obligation to perform any such remediation work shall be subject to the following conditions: (i) City shall sign all transportation manifests required under state or federal law to track such wastes removed from the Property; (ii) City shall designate the proper offsite disposal site for such waste; (iii) If the cumulative sum for remediation under this subsection (h) reaches $50,000, Developer, by notice to Commission, may relinquish the Parcel to Commission which then shall promptly remediate the remaining waste in accordance with the Final PMP, after which Developer shall promptly be readmitted to the Parcel for the purpose of completing its regular site preparation work; (iv) Commission shall indemnify, defend and hold harmless Developer from all costs, losses, liabilities, claims, actions or expenses arising 13 \\cdcnt\datal\users\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-1 Ldoc from or related to the pre-existing, historical hazardous wastes on the Site requiring remediation or removal from the Site pursuant to this subsection (h), any other provision of this Agreement, the Site Preparation Plan, or the Final PMP. The access necessary hereunder will be provided to Developer on a schedule designed to permit Developer to complete its portion of the work not less than sixty (60) days prior to the Close of Escrow for the subject Phase, so as to give DTSC time within which to issue the DTSC Partial Certificate prior to Close of Escrow. (i) That Developer, during the course of construction of the subject Phase, will complete certain of the remediation work required under the Final PMP but not part of the site preparation work, such as installation of vapor barriers on building pads and paving over residual hazardous materials to prevent exposure. (j) The method or methods by which the cost to be borne by Commission for remediation of the subject Parcel will be separated from Project Costs to be borne by Developer. The Site Preparation Plan will also provide for prompt payment by Commission to Developer of the cost to be borne by Commission and reimbursed to Developer. (k) The Site Preparation Plan for Phase I will provide that a default thereunder shall constitute an Event of Default under this Agreement. (1) The Site Preparation Plan for Phase II, if any, will provide that a default thereunder shall constitute an Event of Default under this Agreement. If, however, such default occurs after Close of Escrow for Phase I, then such Event of Default under this Agreement would be as to Phase II only. Developer, not later than twenty (20) Business Days after receipt from Commission of the Preliminary PMP and SPP, shall approve, conditionally approve or disapprove each document, which approval shall not be unreasonably withheld. If Developer reasonably disapproves either document, either Commission or Developer, provided that it is not then in default under this Agreement (subject to the notice and cure provisions of Section [22.1(c)]), shall have the right to terminate this Agreement by notice to the other party. If Developer conditionally approves either or both documents, Commission, within ten (10) Business Days, shall notify Developer either that (a) it accepts Developer's conditions in full, or (b) it desires to meet and confer with Developer about one or more conditions. If Commission selects option (b), the parties shall meet and confer for up to ten (10) Business Days to resolve their differences. If, at the end of such period, material differences remain between the parties, either party, provided that it is not then in default under this Agreement (subject to the notice and cure provisions of Section [22.1(c)]), may terminate this Agreement by notice to the other party. Further discussion of the Final PMP and the Final SPP for each Phase is set forth in Article [14,] below. 14 1\cdcnt\data)\users\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc 5. SITE PLAN/LAND USE ENTITLEMENTS 5.1 Application. Developer, by the time provided in the Schedule of Performance, shall submit to City an application, including a site plan consistent with the Conceptual Development Program, for any and all land use entitlements necessary to allow Developer to develop the Project (the "Land Use Entitlements"). Developer shall pay all of the costs and expenses connected with said application and the processing thereof including, without limitation, the application fee charged by City. Developer agrees that it shall be principally responsible for processing said application through City provided, however, Commission staff, without any out-of-pocket cost or expense to Commission, agrees to provide Developer with all appropriate assistance and cooperation in securing said Land Use Entitlements. The site plan approved for the Project in connection with the Land Use Entitlements shall hereinafter be referred to as the "Site Plan" for the Project. 5.2 Developer Right to Terminate. Prior to the Close of Escrow for Phase I, Developer, if it is not then in material default under this Agreement (subject to the notice and cure provisions of Section [22.1(c)]), may terminate this Agreement by giving thirty (30) days' notice to Commission if, despite having made all commercially reasonable efforts, Developer is unable, by the time provided in the Schedule of Performance, to secure the Land Use Entitlements. That notwithstanding, if Developer gives notice to Commission pursuant hereto, and if the Land Use Entitlements are secured during the thirty (30)-day notice period, Developer's notice of termination shall be deemed nullified thereby. 5.3 Commission Right to Terminate. Prior to the Close of Escrow for Phase 1, Commission, if it is not then in material default under this Agreement (subject to the notice and cure provisions of Section [22.1(c)1), may terminate this Agreement by giving thirty (30) days' notice to Developer if the Land Use Entitlements have not, by the time provided in the Schedule of Performance, been secured. That notwithstanding, if Developer is diligently and continuously pursing the Land Use Entitlements, then Commission may not give such notice unless and until Developer has exhausted at the City Council any and all reasonable rights available to it to appeal a denial of such Land Use Entitlements and/or the time to file any such appeal has expired. 6. PARCEL MAP/RIGHT-OF-WAY VACATION 6.1 Parcel Map. Commission and Developer acknowledge that, as of the Effective Date, the Phase I, Phase II, and Paradise Creek Parcels do not exist as separate legal parcels in compliance with the Subdivision Map Act (the "Map Act"). Accordingly, a parcel map must be prepared and processed through the City in order to create such parcels. Developer, (a) in accordance with the National City Municipal Code and the Subdivision Map Act, and (b) as soon as the Land Use Entitlement process permits, shall prepare and submit to City for approval such a parcel map consistent with the Site Plan (the "Proposed Map"). Developer, as part of Project Cost, shall pay all fees and costs payable to third parties (including City) to file and process the Proposed Map. Developer shall diligently process such parcel map to completion. Commission staff, without any out -of pocket cost or expense to Commission, shall provide Developer with all appropriate assistance with the processing of the Proposed Map. As an alternative and by agreement of Developer and Executive Director, the Proposed Map 15 \\cdcnt\datal\nsers\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.do shall be submitted for approval to Commission by virtue of its exemption from the Map Act. In such event, Commission shall apply to the Proposed Map the same standards as would have been applied by City under the Map Act and the Municipal Code, with such deviations therefrom as Commission determines in the exercise of its sole and absolute discretion. 6.1.1 Termination by Developer. If Developer, by the time provided in the Schedule of Performance and despite its best efforts, fails to obtain a parcel map for the Project reasonably acceptable to Developer, then Developer, provided that it is not then in material default under this Agreement (subject to the notice and cure provisions of Section [22.1(c)J), may, prior to the Close of Escrow for Phase I, terminate this Agreement by notice to Commission. 6.1.2 Termination by Commission. If Developer, by the time provided in the Schedule of Performance, has not obtained a parcel map for the Project reasonably acceptable to Developer, then Commission, provided that it is not then in material default under this Agreement (subject to the notice and cure provisions of Section [22.1(c)1), may, prior to the Close of Escrow for Phase 1, terminate this Agreement by notice to Developer. That notwithstanding, if Developer is diligently and continuously pursing approval of said parcel map, then Commission may not give such notice unless and until Developer has exhausted at the City Council any and all reasonable rights available to it to appeal any condition or conditions to approval or denial of such parcel map by the Planning Commission of City. 6.2 Street Vacations. If, in order to record a final parcel map, it is necessary that public right-of-way be vacated, Commission shall request City to conduct, in a timely manner, such hearings and legal proceedings as may be required by law. Developer acknowledges and agrees that any or all of such street vacations may not occur. Accordingly, if any such street vacation necessary for development of Phase I fails to occur by the time provided in the Schedule of Performance for Phase I Close of Escrow, then the parties shall meet and confer on revising the Site Plan for Phase I to account for the inability to vacate such public right-of-way. If, in the course of such meeting and conference, either party proposes such a revision that both (a) is reasonably feasible, and (b) will substantially allow the other party still to receive, at a not materially greater cost or expense, the benefits that it expected to obtain from this Agreement as to Phase I, the parties shall promptly negotiate in good faith an amendment to this Agreement. If, however, after so meeting and conferring for a reasonable period of time not to exceed sixty (60) days, the parties are unable to agree on such a revised Site Plan, then either party, provided that it is not then in default under this Agreement (subject to the notice and cure provisions of Section [22.1(c)1), may terminate this Agreement by notice to the other party. Additionally, if any such street vacation necessary for development of Phase II fails to occur by the time provided in the Schedule of Performance for Phase II Close of Escrow, then the parties shall meet and confer on revising the Site Plan for Phase II to account for the inability to vacate such public right-of-way. If, in the course of such meeting and conference, either party proposes such a revision that both (a) is reasonably feasible, and (b) will substantially allow the other party still to receive, at a not materially greater cost or expense, the benefits that it expected to obtain from this Agreement as to Phase II, the parties shall promptly negotiate in good faith an amendment to this Agreement. If, however, after so meeting and conferring for a reasonable period of time not to exceed sixty (60) days, the parties are unable to agree on such a revised Site 16 \\cdcnt\datal\users\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.da: Plan, then either party, provided that it is not then in default under this Agreement (subject to the notice and cure provisions of Section [22.1(c)1), may terminate this Agreement as to Phase II only by notice to the other party. 7. PREDEVELOPMENT WORK / PREDEVELOPMENT WORK LOANS 7.1 Predevelopment Work for Phase 1. Attached hereto as Exhibit ["E"] is a scope of work, schedule and line -item budget for certain work (the "Phase I Predevelopment Work") to be performed by Developer prior to Close of Escrow for Phase I (the "Phase I Predevelopment Plan and Budget"). As set forth on Exhibit ["E,"] the Phase I Predevelopment Plan and Budget is divided into two (2) parts: (a) the "Pre -Land Use Entitlements Work" and (b) the "Post -Land Use Entitlements Work." Funds in the Phase I Predevelopment Plan and Budget may be shifted among the line -items by Developer with the prior written consent of the Executive Director, which consent shall not be unreasonably withheld. 7.2 [Intentionally Omitted] 7.3 Developer Performance of Phase I Predevelopment Work. Subject to the conditions set forth below, Developer shall perform the Phase I Predevelopment Work in accordance with the Phase I Predevelopment Plan and Budget. 7.3.1 Onsite Work. Developer's obligation to perform onsite Post -Land Use Entitlements Work shall be subject to the following conditions precedent: (a) Final PMP. Commission and DTSC have entered into the Final PMP, which Final PMP has been approved by Developer and is in full force and effect. (b) Final SPP. Commission and Developer have entered into the Final SPP for Phase I and such agreement is in full force and effect. The Final SPP for each Phase will include, among other things, permission, on reasonable and customary terms and conditions (e.g., indemnification by Developer of the Indemnitees consistent with Section [21.2] and the provision of insurance by Developer consistent with Article [9] of the Ground Lease), for Developer and its contractors and agents to enter the subject Parcel for the purpose of performing the work required thereunder. (c) Access to the Site. Developer, pursuant to the Final SPP for the Phase I Parcel, shall have been given access to the Site (or so much thereof as provided in such Final SPP) by notice in writing from the Executive Director. 7.4 Competitive Bidding. Developer acknowledges and agrees that, as noted on the Phase I Predevelopment Plan and Budget, certain of the Phase I Predevelopment Work is to be competitively bid. For such work, Developer shall make a good faith effort to obtain at least two (2) competitive bids for such work and to award the contract to the lowest responsible bidder. Upon request of the Executive Director, Developer shall deliver to Commission true and complete copies of any and all bids received for such work by Developer. 7.5 Indemnification and Insurance. If a contract entered into by Developer after May 10, 2011 for Phase I Predevelopment Work includes provision for (a) Developer to be 17 \\cdcnt\fatal\users\PDeard\pyatok\Fina1 DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc defended, indemnified, and/or held harmless by the contractor, then Developer shall use (or have used) commercially reasonable efforts to cause such contract to also require that Commission, the City of National City, California and their officers, employees, agents and representatives similarly be defended, indemnified and/or held harmless, and/or (b) Developer to be named as an additional insured under any policy of insurance required to be supplied by the contractor, then Developer shall use (or have used) commercially reasonable efforts to cause such contract to also require that Commission and the City of National City, California be similarly named. 7.6 Predevelopment Work Loan. Subject to the terms and conditions of this Agreement, Commission agrees to make a loan to Developer (the "Phase I Predevelopment Work Loan") in the principal amount of up to Three Million Seven Hundred Forty -One Thousand and Six Hundred Dollars ($3,741,600) (which sum is subject to change by mutual agreement of the parties) to be used to finance the Phase I Predevelopment Work pursuant to the Phase I Predevelopment Plan and Budget. As more particularly provided in Section [7.7(c)), the Phase I Predevelopment Work Loan is subject to merger with the Commission Subordinate Loan for Phase I. 7.6.1 Schedule for Disbursement. Commission shall not be obligated to, but may at the sole and absolute discretion of the Executive Director, disburse the Phase I Predevelopment Work Loan for any line -item earlier than set forth in the Phase I Predevelopment Plan and Budget. 7.7 Predevelopment Work Loan Terms. The Predevelopment Work Loan shall be evidenced by a promissory note (the "Phase I Predevelopment Work Loan Note") in form and substance reasonably satisfactory to the Executive Director. The essential terms of the Phase I Predevelopment Work Loan shall be as follows: (a) Interest. Until a default, if any, thereunder, the Phase I Predevelopment Work Loan Note shall not bear interest. From and after a default thereunder, the Phase I Predevelopment Work Loan Note shall bear simple interest at the lesser of (i) the then Prime Rate plus three hundred (300) basis points, or (ii) the highest rate permitted by law. (b) Periodic Payment. There shall be no periodic payments required under the Phase I Predevelopment Work Loan Note. (c) Maturity. The Phase I Predevelopment Work Loan Note shall be all due and payable upon the earlier of (i) termination of this Agreement by Developer or Commission, (ii) an Event of Default by Developer under this Agreement (subject to the notice and cure provisions of Section [22.1(c)]), or (iii) December 31, 2014. If the Phase I Predevelopment Work Loan Note does not sooner become due and payable, it shall, at the Close of Escrow for Phase I, merge with the Commission Subordinate Loan Note for Phase I and, by such merger, be subject to extension of its maturity and modification of its other terms and conditions. (d) Payment. If the Phase I Predevelopment Work Loan Note becomes due and payable for other than an Event of Default by Developer (subject to the notice and cure provisions of Section [22.1(c)]), Developer may satisfy it in full by either (i) making 18 \\cdcnt\datal\users\'Beard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc payment in full or (ii) delivering to Commission all of the following: (x) any and all plans, studies, drawings, reports, permits and Land Use Entitlements for the Project (collectively, the "Predevelopment Documents"), (y) an absolute and unconditional assignment to Commission of all of Developers right, title and interest in and to said Predevelopment Documents (substantially in the form attached hereto as Exhibit ["M"]), and (z) the written consent, in form reasonably satisfactory to the Executive Director, to such assignment of any architect, engineer or other person or firm that has any right, title or interest in or to said Predevelopment Documents; provided, however, Developer shall not be obligated to supply such consent with respect to a contract entered into prior to May 10, 2011 where the person or firm from whom such consent is sought is not obligated to provide such consent and so declines to do so, with an exception therefrom for work performed by such person or firm after such date at the voluntary election of Developer. 7.8 Conditions Precedent to First Disbursement for Pre -Land Use Entitlements Work. Commission's obligation to make the first disbursement of the Phase I Predevelopment Work Loan for Pre -Land Use Entitlements Work shall be subject to satisfaction of the following condition precedents: (a) Phase I Predevelopment Work Loan Note. Developer shall have duly executed and delivered to Commission the Phase I Predevelopment Work Loan Note. (b) Guaranty. Commission shall have received a duly executed guaranty (the "Predevelopment Loan Guaranty"), in form and content reasonably satisfactory to the Executive Director, of the Phase I Predevelopment Work Loan Note from The Related Companies, L.P., or another entity with the same or better creditworthiness ("Guarantor"), guarantying payment of the Phase I Predevelopment Work Loan Note upon termination of this Agreement by Commission as a result of an Event of Default by Developer (subject to the notice and cure provisions of Section 22.1(c)) under any of the following provisions of this Agreement: Sections 4.1, 4.4, 5.1, 6.1, 6.2, 7.5, 8.3, 8.5, 9.1, 9.6 or 11.5 (the "Guaranteed Provisions"); provided, however, that, at the election of Commission, in lieu of seeking payment under the Predevelopment Loan Guaranty, Commission may demand that Developer deliver to Commission, within thirty (30) days after written demand by Commission following Commission termination of this Agreement as a result of an Event of Default by Developer under one of the Guaranteed Provisions, (x) any and all Predevelopment Documents, (y) an absolute and unconditional assignment to Commission of all of Developer's right, title and interest in and to said Predevelopment Documents (substantially in the form attached hereto as Exhibit ["M"]), and (z) the written consent, in form reasonably satisfactory to the Executive Director, to such assignment of any architect, engineer or other person or firm that has any right, title or interest in or to said Predevelopment Documents; provided, however, Developer shall not be obligated to supply such consent with respect to a contract entered into prior to May 10, 2011 where the person or firm from whom such consent is sought is not obligated to provide such consent and so declines to do so, with an exception therefrom for work performed by such person or firm after such date at the voluntary election of Developer. To clarify the foregoing, upon termination of this Agreement by Commission as a result of an Event of Default by Developer under one of the Guaranteed Provisions, Commission may elect to either (A) seek performance under the Predevelopment Loan Guaranty, or (B) obtain the Predevelopment Documents in the manner described herein. 19 \\cdcnt\datal\users\PBeard\pyatok\Final DDA does\DDA v 6 6 11 s x FLNAL FINAL 6-8-1 I.doc 7.9 Conditions Precedent to First Disbursement for Post -Land Use Entitlements Work. Commission's obligation to make the first disbursement of the Phase I Predevelopment Work Loan for Post -Land Use Entitlements Work shall be subject to satisfaction of the condition precedent that the Developer have secured the Land Use Entitlements. 7.10 Conditions Precedent to Any Disbursement. Commission's obligation to make any disbursement of the Phase I Predevelopment Work Loan (including the first disbursement) is subject to satisfaction of the following conditions: (a) Proposition 1C Financial Assistance. The Proposition IC Financial Assistance remains committed to the Project by HCD. (b) No Litigation/Developer Right to Terminate. If and when any litigation is pending against Commission, Developer and/or the Project the adverse outcome of which, in the reasonable judgment of Commission general counsel, threatens the Close of Escrow for Phase I, (i) Commission, by notice to Developer, may suspend disbursement of the Phase I Predevelopment Work Loan except for Phase I Predevelopment Work (x) already completed by Developer as of the date of suspension and/or (y) to be performed by third -parties under contract to Developer, which work may not be suspended indefinitely by Developer without liability to Developer, or (z) expressly authorized by the Executive Director to continue notwithstanding the suspension, and (ii) in the event of such suspension, Developer shall be excused from any performance of the Phase I Predevelopment Work (except for such work expressly authorized by the Executive Director to continue) for the duration of such suspension. Developer, in any third -party contract for the performance of Phase I Predevelopment Work entered into on or after May 10, 2011, shall make all commercially reasonable efforts to obtain the right to suspend work without liability to Developer in the event funding of the Phase I Predevelopment Work Loan is suspended pursuant to this Agreement. In addition, if litigation of the type described in the paragraph above is pending and, notwithstanding such litigation, Commission elects to continue funding the Phase I Predevelopment Work Loan, Developer may, by written notice to the Commission not earlier than 45 days after the commencement of such litigation (the "Suspension Request"), request suspension of funding of the Phase 1 Predevelopment Work Loan and Developer's obligation to perform the Phase I Predevelopment Work. Upon receipt of the Suspension Request, Commission shall either (i) suspend the Phase I Predevelopment Work Loan in accordance with the provisions above, or (ii) schedule a meeting to confer with Developer regarding Developer's concerns with respect to the pending litigation. If Commission elects to meet pursuant to (ii), Developer and Commission shall meet within thirty (30) days of Commission's receipt of the Suspension Request and shall each use mutual good faith efforts to reasonably agree on the necessity for a suspension, taking into account the cost (including overhead) and potential risk of continuing the Phase I Predevelopment Work to both Commission and Developer." If, pursuant to this Subdivision (b), Commission suspends disbursement of the Phase I Predevelopment Work Loan, and if such suspension persists for a period sufficient to make it practically impossible to Close the Escrow for Phase I by the time provided in the Schedule of Performance, then Developer, by thirty (30) days' notice to Commission, shall have the right to terminate this Agreement. If, however, Commission resumes disbursement of the Phase I 20 \\cdcnt\datal\uscrs TBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc Predevelopment Work Loan during said thirty (30)-day period, such notice of termination shall be deemed rescinded and of no further force and effect. (c) Competitive Bidding. If, pursuant to Section [7.4] and the Phase I Predevelopment Plan and Budget, the subject Phase I Predevelopment Work requires that Developer subject such work to competitive bidding, Developer shall have complied with such requirement. (d) Satisfactory Progress. The Executive Director shall be reasonably satisfied, based on his own inspections or other reliable information, that the Phase I Predevelopment Work is progressing satisfactorily. (e) Sufficient Funds. Sufficient funds remain available in the Phase I Predevelopment Work Loan to complete the Predevelopment Work for Phase I in accordance with the Phase I Predevelopment Plan and Budget. (g) Representations and Warranties. The representations of Developer contained in this Agreement shall be correct in all material respects as of the date of the subject disbursement as though made on and as of that date and, if requested by the Executive Director, Commission shall have received a certificate to that effect signed by Developer. (h) No Default. No Event of Default by Developer (subject to the notice and cure provisions of Section [22.1(c)]) shall then exist, and no event shall then exist which, with the giving of notice or the passage of time or both, would constitute an Event of Default by Developer and, if requested by Executive Director, Commission shall have received a certificate to that effect signed by Developer. 7.11 Waiver of Conditions. The conditions set forth in Sections [7.8, 7.9 and 7.10] are for Commission's benefit only and Executive Director may waive all or any part of such rights by notice to Developer. 7.12 Disbursement Requests. The Phase I Predevelopment Work Loan proceeds shall be disbursed on a line -item by line -item basis in accordance with the Phase I Predevelopment Plan and Budget and subject to the terms and conditions of this Article [7]. Subject to Developer's conditional right to shift funds among line -items as set forth in Section [7.1], in no event shall Commission have any obligation to disburse any amount for any item in excess of the amount allocated to such item in the Phase I Predevelopment Plan and Budget, unless approved by the Executive Director. Disbursement shall be made only upon Developer's written request in the form attached hereto as Exhibit ["0"] (a "Disbursement Request") showing all costs that Developer intends to fund with such disbursement, itemized in such detail as the Executive Director may reasonably require, provided that all such costs for which a disbursement is requested either (a) shall have theretofore been paid in full, and such payment by Developer shall be evidenced by cancelled checks and paid bills or invoices, or (b) shall have been incurred and be due and payable, and payment thereof by Developer shall be made prior to the next submission of a Disbursement Request, which payment shall be evidenced by cancelled checks, paid bills or invoices, or such other evidence reasonably satisfactory to the Executive Director, 21 1\cdcnt\datallusers\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-1 Ldoc and (c) conditional lien releases executed by each contractor and subcontractor who has received any payment for work performed if the work is of the type for which a lien is available pursuant to the California Civil Code, and (d) all other documents and information reasonably required by the Executive Director, including, without limitation, a true and complete copy of the third party contract, if any, for the payment of which such disbursement is sought. Commission agrees to fund each Disbursement Request within thirty (30) days after receipt of the Disbursement Request in completed form with all required supporting documentation. Notwithstanding the foregoing, Commission may, at the discretion of the Executive Director, make disbursements from time to time, in the absence of a Disbursement Request, to make payments reasonably deemed advisable by the Executive Director to protect Commission's interest. 7.12 Manner of Disbursement. Unless and until an Event of Default by Developer, Commission shall make each disbursement to Developer or as reasonably directed by Developer. From and after any Event of Default by Developer, Commission may make any disbursement by check payable to Developer; on a voucher basis; or by check payable jointly to Developer and any contractor, subcontractor or other claimant; or by any other means reasonably selected by the Executive Director. 7.13 Commission Right to Offset Against Phase I Predevelopment Work Loan. Notwithstanding anything to the contrary set forth in this Agreement, Commission shall have the right to require Developer to fund the Phase I Predevelopment Work in whole or in part with monies loaned or granted to CHW or an affiliate thereof by City or Commission for the purpose of such entity loaning such funds to Developer; provided that: (a) such funds will not impose upon Developer any materially greater burden (other than administrative cost) than the burdens already imposed on Developer pursuant to this Agreement; (b) the Executive Director has reasonably determined that such funds may not be used by Commission to fund directly the Commission Subordinate Loan for Phase I; and (c) any single source of such funds shall be in the amount of not less $25,000. 7.14 Sources of Funds for Phase I Predevelopment Work Loan. Commission shall have the right to fund the Phase I Predevelopment Work Loan with Set -Aside Funds and/or with any other funds (an "Alternate Source of Funds for the Phase I Predevelopment Work Loan") that do not impose upon Developer any materially greater burden (other than administrative cost) than the burdens already imposed upon Developer pursuant to this Agreement for Phase I. That notwithstanding, Commission shall only have the right to use any Alternate Source of Funds for the Phase I Predevelopment Work Loan if Commission first discloses to Developer in writing its intention to use such funds. Developer hereby acknowledges and agrees that the Phase I Predevelopment Work Loan will be funded, in part, with $95,492 of HOME CHDO funds originally allocated to Community HousingWorks, the managing member of the limited liability company that is the managing 22 \\cdcnt\datal\users\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc general partner of Developer. Of that sum, $9,549 was allocated for the predevelopment of Phase I, and $85,943 was allocated as a set -aside development loan. In connection with these funds, Developer hereby agrees to comply with the requirements of the HOME Program as set forth in Exhibit ["R"] attached hereto (the "HOME Program Requirements"). With reference to Section "A" [Affordability] of those HOME Program Requirements, the parties acknowledge that Developer shall maintain one (1) dwelling unit in the Phase I Improvements as affordable under the HOME Program regulations for a term of not less than twenty (20) years. 7.15 Predevelopment Work Loan for Phase II. Sections [7.1 through and including Section 7.14] govern performance of and financing for the Phase I Predevelopment Work. Subject to the conditions set forth below, Commission and Developer agree to repeat the process for Phase II on the same terms and conditions only modified to reflect the fact that the work (the "Phase II Predevelopment Work") and the loan (the "Phase II Predevelopment Work Loan") will be for Phase H. Accordingly, attached hereto as Exhibit ["P"] is a "Phase II Preliminary Predevelopment Plan and Budget." Promptly after Close of Escrow for Phase I, Developer shall submit to the Executive Director for approval the following: (a) a proposed, updated "Phase II Predevelopment Plan and Budget" based on the Phase II Preliminary Predevelopment Plan and Budget, and (b) an updated Preliminary Project Budget for Phase H. The parties obligation to repeat the process for Phase II including, without limitation, Developer's obligation to perform the Phase II Predevelopment Work and Commission's obligation to make the Phase II Predevelopment Work Loan, shall be subject to satisfaction of the following conditions: (a) Close of Escrow for Phase I have occurred and neither party is then in default under this Agreement (subject to the notice and cure provisions of Section [22.1(c)]); (b) the Executive Director have approved the updated Preliminary Project Budget for Phase II, which approval the Executive Director shall grant if (i) it is substantially similar to the then prevailing Preliminary Project Budget for Phase II, and (ii) it shows that Phase II can be completed at a cost to Commission not greater than the cost contemplated by this Agreement including, without limitation, the provision of the Commission Subordinate Loan for Phase II in principal amount not greater than Fourteen Million Nine Hundred Nine Thousand Dollars ($14,909,000); and (c) the Executive Director have approved the updated Phase II Predevelopment Plan and Budget submitted by Developer, which approval the Executive Director shall grant if (i) it is substantially similar to the Phase II Preliminary Predevelopment Plan and Budget, and (ii) it is consistent with the updated Phase II Preliminary Project Budget approved by the Executive Director pursuant to subdivision (b) immediately above. If and when the conditions set forth above have been satisfied, the parties agree to enter into an implementation agreement for the Phase II Predevelopment Work and the Phase II Predevelopment Work Loan, the terms and conditions of which shall be consistent with the contents of this Section [7.15]. Notwithstanding anything set forth above in this Section [7.15], Developer acknowledges and agrees that as to the Phase II Predevelopment Work Loan, the condition to disbursement set 23 \\cdcnt\data]\users\P6eard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc forth in Section [7.10(e) [No Default]], shall be understood to mean no "Event of Default" as to both Phase I and Phase II under this Agreement. 8. DESIGN REVIEW, VALUE ENGINEERING AND CONSTRUCTION BIDS 8.1 Scope of Development. Developer shall develop each Phase substantially in conformance with the Conceptual Development Program and the Scope of Development attached hereto as Exhibit ["F"] and with the plans, drawings, specifications, and permits for each Phase approved by City and Commission. 8.2 Basic Concept Plans. The parties acknowledge and agree that Commission, at the time it approved this Agreement, approved certain "Basic Concept Plans" for the Project. 8.3 Design Development Documents. By the time provided in the Schedule of Performance for each Phase, Developer shall prepare and submit to the Executive Director for architectural review and reasonable approval, including aesthetic considerations, the following "Design Development Documents" for each Phase: plan and a site plan; landscaping; and (a) Architectural design development drawings, including a massing (b) Color and materials board for the Building exterior and (c) Schematic landscape plans, facilities and architectural elevations. The Design Development Documents shall be consistent with the Basic Concept Plans approved by the Executive Director and with the Scope of Development. 8.4 Value Engineering/Bid Package. In connection with preparation of the Schematic Design Documents, the design shall be subject to a round of value engineering in which Developer and Commission shall participate and cooperate. Both the Executive Director and Developer shall have the right to reasonably approve or disapprove the bid package resulting from this process (the "Approved Bid Package"), which approval shall not be unreasonably withheld, conditioned, or delayed. 8.5 Construction Bidding/Contracts. The work of all the major trades (c.g., plumbing, electrical, etc.) shall be subjected to a process of competitive bidding based on the Approved Bid Package. Promptly upon opening and reviewing the bids received, Developer shall deliver true and complete copies of all bids to the Executive Director and shall designate which bid(s) Developer proposes to accept. The Executive Director shall have the right to reasonably approve or disapprove the bid(s) to be accepted by Developer, which approval shall not be unreasonably withheld, conditioned or delayed. Failure by the Executive Director to disapprove the bid(s) within five (5) Business Days shall be deemed approved provided that the submission to the Executive Director so stated. 24 \\cdcnt\data1\userslPBeard\pyatok\final DDA does\DDA v 6 6 11 s x FINAL FINAL 6-8-11-doc Promptly upon execution, Developer shall deliver to Commission true and complete copies of all construction contracts for the Improvements (the "Construction Contract"). 8.6 City Design Review. In addition to the design review process described above and concurrent therewith, Developer shall cause the Improvements to be designed substantially in accordance with the Conceptual Development Program and the Scope of Development and shall diligently cause the Improvements to be processed through City's site plan, design review and plan check process on a schedule reasonably calculated to permit a Building Peimut for each Phase to issue by the time provided in the Schedule of Performance for Close of Escrow for that Phase. 8.7 Developer Right to Terminate. Prior to the Close of Escrow for Phase I, Developer, if it is not then in material default under this Agreement (subject to the notice and cure provisions of Section 22.1(c)]), may terminate this Agreement by thirty (30) days' notice to Commission if it has, despite diligent efforts, been unable, by the time provided in the Schedule of Performance, to obtain any of the Executive Director and/or City approvals required in this Article [8]. Prior to the Close of Escrow for Phase II, Developer, if it is not then in material default under this Agreement (subject to the notice and cure provisions of Section [22.1(c)] may terminate this Agreement as to Phase II only by thirty (30) days' notice to Commission if it has, despite diligent efforts, been unable, by the time provided in the Schedule of Performance, to obtain any of the Executive Director and/or City approvals required in this Article [8] for Phase II. 8.8 Commission Right to Terminate. Prior to the Close of Escrow for Phase I, Commission, if it is not then in material default under this Agreement, may terminate this Agreement by thirty (30) days' notice to Developer if, by the time provided in the Schedule of Performance, Developer fails to obtain any approval of the Executive Director or City required by this Article [8]. That notwithstanding, Commission's right so to terminate shall be subject to the further condition that the approval at issue shall not have been unreasonably withheld or delayed by the Executive Director or City, as applicable. That notwithstanding, if Developer obtains the subject approval during said thirty (30)-day notice period, Commission's notice of termination shall be deemed nullified thereby. Prior to the Close of Escrow for Phase II, Commission, if it is not then in material default under this Agreement, may terminate this Agreement as to Phase II only by thirty (30) days' notice to Developer if, by the time provided in the Schedule of Performance, Developer fails to obtain any approval of the Executive Director or City required by this Article [8] for Phase II. That notwithstanding, Commission's right so to terminate shall be subject to the further condition that the approval at issue shall not have been unreasonably withheld or delayed by the Executive Director or City, as applicable. That notwithstanding, if Developer obtains the subject approval during said thirty (30)-day notice period, Commission's notice of termination shall be deemed nullified thereby. 25 \\cdcnt\datal\users \PReard\pyatok\Final DOA docs\DDA v 6 6 11 s x FINAL FINAL 6-R-11.doc 8.9 Project Architect. The Executive Director shall have the right to approve any replacement for the Project Architect. 9. FINANCING FOR PHASE I 9.1 Preliminary Project Budget for Phase I. Attached hereto as Exhibit ["G"] are the following preliminary budgetary materials for Phase I: (a) Preliminary Project Budget; (b) Sources and Uses of Funds Statement; (c) Cash Flow Projection; and (d) First Year Operating Budget; (collectively, the "Preliminary Project Budget for Phase I") Until the Close of Escrow for Phase I, Developer, if, as and when additional information becomes available, shall promptly revise the Preliminary Project Budget for Phase I to reflect the best information then available to Developer, and shall submit the revised documents to the Executive Director for review and approval. 9.2 Financing Plan for Phase I. It is contemplated that Developer will finance Phase I through: (a) Tax-exempt multifamily housing mortgage revenue bonds to be issued by the California Statewide Communities Development Authority (or another entity selected by Developer and reasonably approved by the Executive Director) and purchased by a reputable institutional lender selected by Developer and approved by the Executive Director, which approval shall not be unreasonably withheld, conditioned or delayed (the "Tax -Exempt Bonds"); (b) Partnership equity, consisting of equity raised by the sale to reputable investors of the "four -percent (4%)" low-income housing credit consistent with the Tax -Exempt Bonds and obtained pursuant to 26 U.S.C. §42 (the "Federal 4% Tax Credits"); (c) As more particularly provided in Section [9.3], the Commission Subordinate Loan for Phase I; (d) A loan, subordinate to the Commission Subordinate Loan, from Community Housing Works or an affiliate thereof, in the principal amount of $14,957,000 (the "CHW Third Trust Deed Loan"); and (e) A loan, also subordinate to the Commission Subordinate Loan for Phase I, from Community Housing Works or an affiliate thereof, in principal amount equal to a 26 1\cdcut\datal1users\PBcardlpyatok\Final DDA docs'DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc pro rata portion of the Proposition 1C Financial Assistance (the "CHW Fourth Trust Deed Loan"); (collectively, the "Phase I Financing"). 9.3 Commission Subordinate Loan for Phase I. 9.3.1 Amount and Purpose. Subject to the terms and conditions of this Agreement, Commission agrees to make a loan to Developer for Phase I (the "Commission Subordinate Loan for Phase I") in the principal amount reasonably determined by the Executive Director to be the gap, if any, between the Final Project Budget for Phase I less the total of (a) equity generated by the Tax Credits, (b) the principal amount of the Take -Out Loan, (c) the principal amount of the CHW Third Trust Deed Loan, and (d) the principal amount of the CHW Fourth Trust Deed Loan, provided, however, in no event shall the original principal amount of the Commission Subordinate Loan for Phase I be less than Six Million Dollars ($6,000,000) nor more than Six Million Two Hundred Fifty Thousand Dollars ($6,250,000). As indicated in the Preliminary Project Budget for Phase I originally attached to this Agreement, the parties' original estimate is that the Commission Subordinate Loan for Phase I will be in the principal amount of Six Million Dollars ($6,000,000). Accordingly, the final amount of the Commission Subordinate Loan for Phase I shall be related to changes in the Preliminary Project Budget for Phase I from the Effective Date until the date such final principal amount is fixed. If, as and when the Executive Director has fixed the final principal amount of the Commission Subordinate Loan for Phase I and such amount has been approved by Developer, the Executive Director, on behalf of Commission, and Developer shall enter into a writing the purpose of which shall be to memorialize the agreement to such sum. Subject to the terms and conditions of this Agreement, the Commission Subordinate Loan for Phase I shall close (i.e., the Commission Subordinate Loan Deed of Trust for Phase I shall record in the Official Records) concurrently with the Construction Loan Closing for Phase I (the "Commission Subordinate Loan Closing for Phase I"). Developer acknowledges and agrees that the Commission Subordinate Loan for Phase I is inclusive of the Phase I Predevelopment Work Loan made to Developer pursuant to Article [7]. Accordingly, Commission and Developer agree that as part of the Close of Escrow for Phase I: (a) the Phase I Predcvelopment Work Loan shall merge with the Commission Subordinate Loan for Phase I, and (b) the sum disbursed by Commission to Developer as the Phase I Predcvelopment Work Loan shall (i) for the purposes of the Commission Subordinate Loan Note for Phase I, be deemed disbursed as of the date of the Close of Escrow for Phase I, and (ii) be credited against the sum to be disbursed by Commission at the Close of Escrow for Phase I. The balance of the proceeds of the Commission Subordinate Loan for Phase I shall hereinafter be referred to as the "Construction Portion of the Commission Subordinate Loan for Phase I." Through the Escrow for Phase I, Commission shall return the Phase I Predevelopment Work Loan Note to Developer marked "Satisfied." 9.3.2 Project Based Section 8 Vouchers for Phase I. Commission and Developer acknowledge and agree that Project Based Section 8 vouchers would, on certain conditions, be mutually advantageous for Phase I. Accordingly, if such vouchers become available in time for a contract therefor to be entered into by Developer prior to Close of Escrow 27 \\cdcnt\ data" \users\Paeard\pyatok\Final DDA docs1DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc for Phase I, then (a) Developer, subject to the conditions set forth below, shall timely file an application for as many such vouchers for Phase I as possible but not more than twenty-seven (27) or such greater number as may be agreed to by Developer and the Executive Director, and (b) Commission shall provide Developer, without out-of-pocket cost or expense to Commission, all appropriate assistance with such application. Developer's obligation to pursue such vouchers shall be subject to the following conditions: and (a) the term of the vouchers shall be for not less than fifteen (15) years; (b) Developer shall be reasonably able to secure a Take -Out Loan for Phase I in principal amount of not less than the sum of (i) the amount that had been expected for such Take -Out Loan without such vouchers as set forth in Preliminary Project Budget for Phase I, plus (ii) the product of $28,000 times the number of vouchers actually secured. If Developer secures such vouchers for Phase I, then (a) the Commission Subordinate Loan for Phase I shall be reduced by such sum of $28,000 per voucher, and (b) the annual ground rent under the Ground Lease for Phase I shall be increased by the sum of $2,000 per voucher for the duration of such voucher. 9.3.3 Sources of Funds for Commission Subordinate Loan for Phase I. Commission shall have the right to fund the Commission Subordinate Loan for Phase I with Set -Aside Funds and/or with any other funds (an "Alternate Source of Funds for the Commission Subordinate Loan for Phase I") that do not impose upon Developer any materially greater burden (other than administrative cost) than the burdens already imposed upon Developer pursuant to this Agreement for Phase I. That notwithstanding, Commission shall only have the right to use any Alternate Source of Funds for the Commission Subordinate Loan for Phase I if Commission first discloses to Developer in writing its intention to use such funds not later than thirty (30) days prior to Close of Escrow for Phase I. 9.3.4 Commission Subordinate Loan Note and Deed of Trust for Phase I. The Commission Subordinate Loan for Phase I shall be evidenced by the Commission Subordinate Loan Note for Phase I and shall be secured by the Commission Subordinate Loan Deed of Trust for Phase I. 9.3.5 Disbursement of Construction Portion of Commission Subordinate Loan for Phase I. The Construction Portion of the Commission Subordinate Loan for Phase I shall, subject to the conditions set forth below, be deposited by Commission into the Escrow for Phase I in time to permit the close thereof and shall be disbursed therefrom at Close of the Phase I Escrow (a) to pay closing costs and expenses shown on the closing statement for the Phase I Escrow, and (b) to the Construction Lender for Phase I for deposit into a construction account from which disbursements shall be made periodically by the Construction Lender only to pay Phase 1 Project Costs in accordance with the Final Project Budget for Phase I. Commission's obligation so to deposit the Construction Portion of the Commission Subordinate Loan for Phase I shall be subject to satisfaction of the following conditions precedent: 28 \\cdcnt\datal\users\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc (a) Conditions to Ground Lease of Property. All of the conditions precedent set forth in Section [11.4] to Commission's obligation to ground lease the Phase I Parcel to Developer shall have been satisfied or waived. (b) Commission Subordinate Loan Note. Developer shall have duly executed the Commission Subordinate Loan Note for Phase I and delivered it to Commission or the Escrow Ilolder. (c) Commission Subordinate Loan Deed of Trust. The Commission Subordinate Loan Deed of Trust for Phase I shall have been recorded in the Official Records subject only to the Permitted Encumbrances. (d) Construction Lender/Commission Disbursement Agreement. The Phase I Construction Lender and Commission have entered into the Construction Lender/Commission Disbursement Agreement for Phase I and such Agreement has been approved by Developer, the Tax Credit Partner for Phase I, and, if required, HCD. (e) Request for Notice of Default. Commission shall have recorded a request for notice of default pursuant to Civil Code Section 2924(b), requesting that the beneficiaries of liens senior to the Commission Subordinate Loan Deed of Trust for Phase I notify Commission of any default under the instrument creating the lien. (f) Title Policy. Title Company is prepared to issue its LP-10 loan policy of title insurance naming Commission as the insured, in a policy amount not less than the principal amount of the Commission Subordinate Loan for Phase I, showing Developer as holding leasehold title to the Phase I Parcel and insuring the Commission Subordinate Loan Deed of Trust for Phase I to be a valid lien on the Phase I Parcel subject only to the Permitted Encumbrances (the "Commission Title Policy for Phase I"). (g) Corporate Resolution. If Developer is a corporation, or if Developer is a partnership or limited liability company and its managing general partner or general manager is a corporation, Commission shall have received a copy of a resolution of the board of directors of said corporation authorizing the execution and delivery of the Commission Subordinate Loan Note and the Commission Subordinate Loan Deed of Trust for Phase I. (h) Closing Statement for Phase I. Commission, Developer, Senior Lender for Phase I, HCD, and the Tax Credit Partner for Phase I shall have approved the closing statement for the Phase I Escrow. 9.4 Final Project Budget for Phase I. Prior to the Close of Escrow for Phase I and as more particularly provided in Section [11.4(b)] Commission, Developer, Senior Lender for Phase I, HCD (if required), and the Tax Credit Partner for Phase I shall agree on the Final Project Budget for Phase I. 9.5 Best Effort to Minimize Commission Cost for Phase I. In order to minimize the principal amount of the Commission Subordinate Loan for Phase I, Developer agrees to use its best efforts to finance Phase I in the manner that yields the largest part possible 29 Acdcnt\data)\users\Pneard\pyatok\Final DDA does' DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc of the Project Cost for Phase I from sources other than the Commission Subordinate Loan for Phase I. Accordingly, Developer shall: (a) Make best efforts to obtain an allocation for the long-term Tax - Exempt Bonds in principal amount consistent with the Preliminary Project Budget for Phase I; (b) Make best efforts to obtain the Tax Credits for Phase I in principal amount consistent with the Preliminary Project Budget for Phase I and to sell such Tax Credits to a reputable institutional investor at the highest price and on the best terms reasonably possible; (c) Make best efforts to obtain the largest Take -Out Loan for Phase I reasonably supportable by Phase I based on a debt coverage ratio of not greater than 1.30:1; and (d) Make best efforts to obtain additional financing (including grant funds) for Phase I from any and all appropriate sources. Financing by: 9.6 Application to CDLAC for Phase I. Developer shall pursue the Phase I (a) Filing a complete application to CDLAC for an allocation for the Tax -Exempt Bonds for Phase I in accordance with the Schedule of Performance but not later than necessary to satisfy the conditions of the Proposition IC Financial Assistance; and (b) Timely applying to reputable institutional lenders for the private placement of the Tax -Exempt Bonds for Phase I in order to provide Construction and Take -Out financing for Phase I. If the application to CDLAC fails to receive such allocation, then, upon agreement of the Executive Director and Developer, the parties shall thereafter file one or more applications within the time permitted by the Schedule of Performance. 9.7 Developer Right to Terminate.. Prior to the Close of Escrow for Phase I, Developer, if it is not then in material default under this Agreement (subject to the notice and cure provisions of Section [22.1j), may terminate this Agreement by giving thirty (30) days' notice to Commission if, despite having made its best efforts, it has been unable to obtain the Phase I Financing on terms and conditions reasonably consistent with the economic assumptions contained in the Preliminary Project Budget for Phase I by the time provided in the Schedule of Performance therefor. 9.8 Commission Right to Terminate. Prior to the Close of Escrow for Phase I and notwithstanding anything contained in this Agreement to the contrary, Commission, if it is not then in material default under this Agreement, may terminate this Agreement by giving thirty (30) days' notice to Developer if Developer fails to obtain the Phase I Financing by the time provided in the Schedule of Performance. That notwithstanding, if Developer obtains the Phase I Financing during said thirty (30)-day notice period, Commission's notice of termination shall be deemed nullified thereby. 30 \\cdcnt\datal\users\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc 9.9 Developer Fee for Phase I. The fee payable to Developer for development of Phase I shall not exceed $2,500,000, of which $500,000 shall be delayed until riot earlier than conversion of the Senior Loan for Phase I from construction to permanent status (the "Developer Fee for Phase I"). 10. FINANCING FOR PHASE II 10.1 Preliminary Project Budget for Phase II. Attached hereto as Exhibit ["H"] are the following preliminary budgetary materials for Phase II: (a) Preliminary Project Budget; (b) Sources and Uses of Funds Statement; (c) Cash Flow Projection; and (d) First Year Operating Budget; (collectively, the "Preliminary Project Budget for Phase II") Until the Close of Escrow for Phase II, Developer, if, as and when additional information becomes available, shall promptly revise the Preliminary Project Budget for Phase II to reflect the best information then available to Developer, and shall submit the revised documents to the Executive Director for review and approval. 10.2 Financing Plan for Phase II. It is contemplated that Developer will finance Phase II through: (a) Tax-exempt multifamily housing mortgage revenue bonds to be issued by the California Statewide Communities Development Authority (or another entity selected by Developer and reasonably approved by the Executive Director) and purchased by a reputable institutional lender selected by Developer and approved by the Executive Director, which approval shall not be unreasonably withheld, conditioned or delayed (the "Tax -Exempt Bonds"); (b) Partnership equity, consisting of equity raised by the sale to reputable investors of the Federal 4% Tax Credits; (c) As more particularly provided in Section [10.3], the Commission Subordinate Loan for Phase II; and (d) A loan, subordinate to the Commission Subordinate Loan, from Community I-Iousing Works or an affiliate thereof, in principal amount equal to a pro rata portion of the Proposition IC Financial Assistance (the "CHW Third Trust Deed Loan for Phase II") (collectively, the "Phase II Financing"). 31 \\cdcot\datal\uscrs\PBeard\pyatok\Final DDA docs\DDA v 6 6 II s x FINAL FINAL 6-8-1 l.doc 10.2.1 Developer Right to Propose Alternate Financing Plan for Phase II. Developer shall have the right to propose to Commission in writing and in reasonable detail, an alternate plan for the Phase II Financing (the "Developer's Proposed Alternate Plan for Phase II Financing"). If any Developer's Proposed Alternate Plan for Phase 11 Financing will result in construction of the Phase 11 Improvements in accordance with this Agreement (a) at a cost to Commission not greater than the cost contemplated by this Agreement including, without limitation, the provision of the Commission Subordinate Loan for Phase II in principal amount not greater than Fourteen Million Nine Hundred Nine Thousand Dollars ($14,909,000), (b) at a risk of cost or expense to Commission not materially greater than that contemplated by this Agreement, and (c) to be completed not later than the time provided by the Schedule of Performance, Commission agrees to negotiate in good faith an amendment to this Agreement the effect of which shall be to substitute such Developer's Proposed Alternate Plan for Phase II Financing for the form of Phase II Financing set forth above. 10.2.2 Commission Right to Propose Alternate Financing Plan for Phase II. Commission shall have the right to propose to Developer in writing and in reasonable detail. an alternate plan for the Phase II Financing (the "Commission's Proposed Alternate Plan for Phase II Financing"). If any Commission's Proposed Alternate Plan for Phase II Financing will result in construction of the Phase II Improvements in accordance with this Agreement (a) at a financial return to Developer not less than that contemplated by the Preliminary Project Budget for Phase II, (b) at a risk of cost or expense to Developer not materially greater than that contemplated by this Agreement, and (c) to be completed not later than the time provided by the Schedule of Performance, Developer agrees to negotiate in good faith an amendment to this Agreement the effect of which shall be to substitute such Commission's Proposed Alternate Plan for Phase II Financing for the form of Phase II Financing set forth above. 10.3 Commission Subordinate Loan for Phase II. 10.3.1 Amount and Purpose. Subject to the terms and conditions of this Agreement, Commission agrees to make a loan to Developer for Phase II (the "Commission Subordinate Loan for Phase II") in the principal amount reasonably determined by the Executive Director to be the gap, if any, between the Final Project Budget for Phase II less the total of (a) equity generated by the Tax Credits, (b) the principal amount of the Take -Out Loan, and (c) the Proposition IC Financial Assistance for Phase II, provided, however, in no event shall the original principal amount of the Commission Subordinate Loan for Phase II be less than Fourteen Million Nine Hundred Nine Thousand Dollars ($14,909,000) nor more than Fifteen Million Eighty -Six Thousand Five Hundred Dollars ($15,086,500). As indicated in the Preliminary Project Budget for Phase II originally attached to this Agreement, the parties' original estimate is that the Commission Subordinate Loan for Phase II will be in the principal amount of Fourteen Million Nine Hundred Nine Thousand Dollars ($14,909,000). If, as and when the Executive Director has fixed the final principal amount of the Commission Subordinate Loan for Phase II and such amount has been approved by Developer, the Executive Director, on behalf of Commission, and Developer shall enter into a writing the purpose of which shall be to memorialize the agreement to such sum. Subject to the terms and conditions of this Agreement, the Commission Subordinate Loan for Phase II shall close (i.e., the Commission Subordinate Loan Deed of Trust for Phase II shall record in the Official Records) concurrently with the 32 \\cdcnt\data)\users\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8 1 1.doc Construction Loan Closing for Phase II (the "Commission Subordinate Loan Closing for Phase II"). Developer acknowledges and agrees that the Commission Subordinate Loan for Phase II is inclusive of the Phase II Predevelopment Work Loan, if any, made to Developer pursuant to Section [7.151. Accordingly, Commission and Developer agree that as part of the Close of Escrow for Phase II: (a) the Phase II Predevelopment Work Loan shall merge with the Commission Subordinate Loan for Phase II, and (b) the sum disbursed by Commission to Developer as the Phase II Predevelopment Work Loan shall (i) for the purposes of the Commission Subordinate Loan Note for Phase II, be deemed disbursed as of the date of the Close of Escrow for Phase II, and (ii) be credited against the sum to be disbursed by Commission as the First Installment of the Commission Subordinate Loan for Phase II pursuant to Section [10.3.5(a)]. The balance of the proceeds of the Commission Subordinate Loan for Phase II shall hereinafter be referred to as the "Construction Portion of the Commission Subordinate Loan for Phase II." Through the Escrow for Phase II, Commission shall return the Phase II Predevelopment Work Loan Note, if any, to Developer marked "Satisfied." 10.3.2 Project Based Section 8 Vouchers for Phase II. Commission and Developer acknowledge and agree that Project Based Section 8 vouchers would, on certain conditions, be mutually advantageous for Phase 1I. Accordingly, if such vouchers become available in time for a contract therefor to be entered into by Developer prior to Close of Escrow for Phase II, then (a) Developer, subject to the conditions set forth below, shall timely file an application for as many such vouchers as possible but not more than twenty-three (23) or such greater number as may be agreed to by Developer and the Executive Director, and (b) Commission shall provide Developer, without out-of-pocket cost or expense to Commission, all appropriate assistance with such application. Developers obligation to pursue such vouchers shall be subject to the following conditions: (a) the term of the vouchers shall be for not less than fifteen (15) years; (b) Developer and the Executive Director shall have reasonably agreed in writing on the per voucher amount by which, in the event such vouchers are secured, (i) the principal of the Commission Subordinate Loan for Phase II would be reduced (the "Agreed Section 8 Voucher Value for Phase II"), and (b) the annual ground rent under the Ground Lease for Phase II would be increased (the "Section 8 Ground Rent Adjustment for Phase ll") (including the duration of such increase); and (c) Developer shall be reasonably able to secure a Take -Out Loan for Phase II in a principal amount of not less than the sum of (i) the amount that had been expected for such Take -Out Loan without such vouchers as set forth in the Preliminary Project Budget for Phase II, plus (ii) the product of the Agreed Section 8 Voucher Value for Phase II times the number of vouchers secured. If Developer actually secures such vouchers for Phase II, then (a) the Commission Subordinate Loan for Phase II shall be reduced by the Agreed Section 8 Voucher Value for Phase II, and (b) the Section 8 Ground Rent Adjustment for Phase II shall be implemented. 33 cdcnt\data]\users\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-1 l.doc 10.3.3 Sources of Funds for Commission Subordinate Loan for Phase II. Commission shall have the right to fund the Commission Subordinate Loan for Phase II with Set -Aside Funds and/or with any other funds (an "Alternate Source of Funds for the Commission Subordinate Loan for Phase II") that do not impose upon Developer any materially greater burden (other than administrative cost) than the burdens already imposed upon Developer pursuant to this Agreement for Phase II. That notwithstanding, Commission shall only have the right to use any Alternate Source of Funds for the Commission Subordinate Loan for Phase II if Commission first discloses to Developer in writing its intention to use such funds not later than thirty (30) days prior to Close of Escrow for Phase II. 10.3.4 Commission Subordinate Loan Note and Deed of Trust for Phase II. The Commission Subordinate Loan for Phase II shall be evidenced by the Commission Subordinate Loan Note for Phase II and shall be secured by the Commission Subordinate Loan Deed of Trust for Phase II. 10.3.5 Disbursement of Construction Portion of Commission Subordinate Loan for Phase II. The Construction Portion of the Commission Subordinate Loan for Phase II shall, subject to the conditions set forth below, be deposited by Commission into the Escrow for Phase II in time to permit the close thereof and shall be disbursed therefrom (a) to pay closing costs and expenses shown on the closing statement for the Phase II Escrow, and (b) to the Construction Lender for Phase II for deposit into a construction account from which disbursements shall be made periodically by the Construction Lender for Phase II only to pay Phase II Project Costs in accordance with the Final Project Budget for Phase II. Commission's obligation so to deposit the Construction Portion of the Commission Subordinate Loan for Phase II shall be subject to satisfaction of the following conditions precedent: (a) Conditions to Ground Lease of Property. All of the conditions precedent set forth in Section [12.4] to Commission's obligation to ground lease the Phase II Parcel to Developer shall have been satisfied or waived. (b) Commission Subordinate Loan Note. Developer shall have duly executed the Commission Subordinate Loan Note for Phase II and delivered it to Commission or the Escrow Holder. (c) Commission Subordinate Loan Deed of Trust. The Commission Subordinate Loan Deed of Trust for Phase II shall have been recorded in the Official Records subject only to the Permitted Encumbrances. (d) Construction Lender/Commission Disbursement Agreement. The Phase II Construction Lender and Commission have entered into the Construction Lender/Commission Disbursement Agreement for Phase II and such Agreement has been approved by Developer, the Tax Credit Partner for Phase II, and HCD. (e) Request for Notice of Default. Commission shall have recorded a request for notice of default pursuant to Civil Code Section 2924(b), requesting that 34 \\cdcnt4latat\usersWBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-1 Ldu; the beneficiaries of liens senior to the Commission Subordinate Loan Deed of Trust for Phase II notify Commission of any default under the instrument creating the lien. (f) Title Policy. Title Company is prepared to issue its LP-10 loan policy of title insurance naming Commission as the insured, in a policy amount not less than the principal amount of the Commission Subordinate Loan for Phase II, showing Developer as holding leasehold title to the Phase 11 Parcel and insuring the Commission Subordinate Loan Deed of Trust for Phase II to be a valid lien on the Phase II Parcel subject only to the Permitted Encumbrances (the "Commission Title Policy for Phase II"). (g) Corporate Resolution. If Developer is a corporation, or if Developer is a partnership or limited liability company and its managing general partner or general manager is a corporation, Commission shall have received a copy of a resolution of the board of directors of said corporation authorizing the execution and delivery of the Commission Subordinate Loan Note for Phase II and the Commission Subordinate Loan Deed of Trust for Phase II. (h) Closing Statement for Phase II. Commission, Developer, Senior Lender for Phase II, HCD, and the Tax Credit Partner for Phase II shall have approved the closing statement for the Phase II Escrow. 10.4 Final Project Budget for Phase II. Prior to the Close of Escrow for Phase II and as more particularly provided in Section [12.4(b)], Commission, Developer, Senior Lender for Phase II, HCD (if required), and the Tax Credit Partner for Phase II shall agree on the Final Project Budget for Phase II. 10.5 Best Effort to Minimize Commission Cost for Phase II. In order to minimize the principal amount of the Commission Subordinate Loan for Phase II, Developer agrees to use its best efforts to finance Phase II in the manner that yields the largest part possible of the Project Cost for Phase II from sources other than the Commission Subordinate Loan for Phase II. Accordingly, Developer shall: (a) Make best efforts to obtain an allocation for the long-term Tax - Exempt Bonds in principal amount consistent with the Preliminary Project Budget for Phase II; (b) Make best efforts to obtain the Tax Credits for Phase II in principal amount consistent with the Preliminary Project Budget for Phase II and to sell such Tax Credits to a reputable institutional investor at the highest price and on the best terms reasonably possible; (c) Make best efforts to obtain the largest Take -Out Loan for Phase II reasonably supportable by Phase II based on a debt coverage ratio of not greater than 1.20:1; and (d) Make best efforts to obtain additional financing (including grant funds) for Phase II from any and all appropriate sources. 10.6 Application for Tax Credits for Phase II. Developer shall pursue the Phase II Financing by: 35 \dent\datal\users\PBeard\pyatok\Foral DDA docs\DDA v 6 6 II s x FINAL FINAL 6-8-11.doc (a) Filing a complete application to CDLAC for an allocation for the Tax -Exempt Bonds for Phase II at the first application date not less than thirty (30) days fol owing notice to Developer that the conditions set forth in Sections [12.4(u) and (v)] have been satisfied, if such ever be the case, but not later than necessary to satisfy the conditions of the Proposition 1C Financial Assistance for Phase II; and (b) Timely applying to reputable institutional Ienders for the private placement of the Tax -Exempt Bonds for Phase II in order to provide Construction and Take -Out financing for Phase II. If the application to CDLAC fails to receive such allocation, then, upon agreement of the Executive Director and Developer, the parties shall file such an application in one or more succeeding rounds and, if necessary, the Schedule of Performance for Phase I shall be adjusted accordingly. 10.7 Developer Right to Terminate. Prior to the Close of Escrow for Phase II, Developer, if it is not then in material default under this Agreement (subject to the notice and cure provisions of Section [22.1]), may terminate this Agreement as to Phase II only by giving thirty (30) days' notice to Commission if, despite having made its best efforts, it has been unable to obtain the Phase II Financing on terms and conditions reasonably consistent with the economic assumptions contained in the Preliminary Project Budget for Phase II after not less than three (3) rounds of application; provided that the Executive Director agrees to the second and third rounds. 10.8 Commission Right to Terminate. Prior to the Close of Escrow for Phase II and notwithstanding anything contained in this Agreement to the contrary, Commission, if it is not then in material default under this Agreement (subject to the notice and cure provisions of Section [22.1]), may terminate this Agreement as to Phase 1I only by giving thirty (30) days' notice to Developer if Developer fails to obtain the Phase II Financing by the time provided in the Schedule of Performance. That notwithstanding, if Developer obtains the Phase II Financing during said thirty (30)-day notice period, Commission's notice of termination shall be deemed nullified thereby. 10.9 Developer Fee for Phase II. The fee payable to Developer for development of Phase II shall not exceed $2,500,000, of which $500,000 shall be delayed until not earlier than conversion of the Senior Loan for Phase II from construction to permanent status (the "Developer Fee for Phase II"). 11. GROUND LEASE OF PHASE I PARCEL 11.1 Agreement. Commission, subject to the conditions set forth in Section [11.4], agrees to ground lease to Developer, and Developer, subject to the conditions set forth in Section [11.5], agrees to ground lease from Commission, the Phase I Parcel pursuant to the form of "Ground Lease" attached hereto as Exhibit ["I"]. 11.2 Escrow for Phase I. Conveyance of the Phase I Parcel pursuant to the Ground Lease for Phase I shall be made through the Escrow for Phase I. This Agreement shall 36 Ucdcntldatallusers\PHeardlpyatok'Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc constitute escrow instructions to the Escrow Holder for Phase I. Commission and Developer shall execute such further escrow instructions as are consistent with this Agreement and as may be reasonably required by the Escrow Holder for Phase I. 11.3 Term of Escrow for Phase I. The Escrow for Phase I shall close concurrent with the Construction Loan Closing for Phase I. 11.4 Conditions for Commission's Benefit for Phase I. Commission's obligation to ground lease the Phase I Parcel to Developer shall be subject to satisfaction of the following conditions precedent: (a) Land Use Entitlements. Developer has secured and possesses the Land Use Entitlements for the Phase I Parcel. (b) Final Project Budget. The Executive Director, Developer, Construction Lender for Phase I, Tax Credit Partner for Phase I, and, HCD have approved (i) the final Project Budget for Phase I, including, without limitation, (i) the terms and conditions of the Developer Fee for Phase I, and (ii) the terms and conditions of any reserve funds to be established and maintained for the Phase I Project, (iii) the terms and conditions for the disbursement of the Phase I: Construction Loan, Commission Subordinate Loan, Tax Credit Funds, (iv) the terms and conditions of disbursement of the CHW Third Trust Deed Loan, and (v) the terms and conditions of disbursement of the Proposition IC Financial Assistance for Phase I via the CHW Fourth Trust Deed Loan (the "Final Project Budget for Phase I"). The Final Project Budget for Phase I may be revised from time to time, subject to the approval of the Executive Director. (c) Evidence of Financing. The Executive Director has received and approved the following "Evidence of Phase 1 Financing:" (i) Construction Loan. True and complete copies of the Phase I Construction Loan documents evidencing the obligation of a reputable institutional lender, subject only to reasonable and customary conditions, to make the Construction Loan for Phase I to Developer. (ii) Tax Credit Financing. Documentary evidence reasonably acceptable to the Executive Director that Developer has (a) either (x) obtained at least three (3) competitive bids for the Tax Credits for Phase I, or (y) if it has obtained less than three (3) such bids, made all commercially reasonable efforts to obtain such bids, and (b) committed, or caused to be committed, funds from the sale of the Tax Credits for Phase I to construction of the Phase I Improvements, which commitment may be subject only to reasonable and customary conditions (the "Tax Credit Funds for Phase I"). (iii) CHW Third Trust Deed Loan. True and complete copies of the CHW Third Trust Deed Loan Documents evidencing the obligation of CHW to make the CHW Third Trust Deed Loan to Developer subject to only reasonable and customary conditions. 37 \\cdcnt\datal\uscrs\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc (iv) Proposition 1C Financial Assistance for Phase I and CIIW Fourth Trust Deed Loan. Documentary evidence reasonably acceptable to the Executive Dire 'tor that disbursement of the Proposition 1C Financial Assistance for Phase 1 is fully committed to construction of the Phase I Improvements subject only to HCD requirements, which requirements have been approved by the Executive Director, which approval shall not be unreasonably withheld. True and complete copies of the CHW Fourth Trust Deed Loan Documents evidencing the obligation of CHW to make the CHW Fourth Trust Deed Loan to Developer subject to only reasonable and customary conditions. (v) Gap Financing. Documentary evidence that Developer has committed, or caused to be committed, equity and/or financing to construction of the Phase I Improvements in the amount of the remainder, if any, of the Project Costs less the amount of the total of any Phase I: Construction Loan, Tax Credit Funds, Commission Subordinate Loan, and Proposition IC Financial Assistance for Phase I (to be introduced into Phase I via the CHW Fourth Trust Deed Loan); and the CHW Third Trust Deed Loan (the "Gap Financing for Phase I"). Gap Financing for Phase I, if any, shall be from sources, and subject only to conditions, reasonably acceptable to the Executive Director. (vi) Take -Out Loan Commitment. A commitment from a reputable institutional lender, subject only to reasonable and customary conditions, pursuant to which said lender agrees to make a Take -Out Loan to Developer for Phase I, with a term of not less than fifteen (15) years, in sum sufficient, when added to any Tax Credit Funds for Phase I to be disbursed for such purpose, to take-out the Construction Loan for Phase 1. (d) General Contractor. The general contractor for Phase I (the "General Contractor for Phase I") has been approved by the Executive Director. Commission hereby pre -approves as General Contractor for Phase I either Portrait Homes, Inc. and/or its affiliates, or Hensel Phelps and/or its affiliates. (e) Construction Contract. Commission has received a true and complete copy of a contract by and between Developer and the General Contractor for Phase I pursuant to which the General Contractor for Phase I has agreed to make the Phase I Improvements at a cost consistent with the Final Project Budget for Phase I (the "Construction Contract for Phase I"). (f) Final Construction Documents. City has approved the Final Construction Documents for the Phase I Improvements and Commission has received a full set thereof. (g) Completion Bond. If the Construction Lender for Phase I or the Tax Credit Partner for Phase I requires that a completion bond be posted by the General Contractor, then such completion bond shall name Commission as a co -obligee. 38 1\cdcnt\datal\users\PBeard\pyatok\Fina1 DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc (h) Completion Guaranty. Commission shall have received a duly executed completion guaranty for the Phase I Improvements from The Related Companies, L.P., substantially in the form attached hereto as Exhibit ["L"]. (i) Organizational Documents. The Executive Director has received and approved a copy of such portions of the organizational documents (e.g., partnership agreement, limited liability company operating agreement) of Developer or Developer's successor -in -interest as the Executive Director deems reasonably necessary to document the power and authority of the organization to perform its obligations as to Phase I under this Agreement. Developer has also made full disclosure to Commission of the names and addresses of all persons and entities that have a beneficial interest in Developer as to Phase I, excluding, if Developer is a limited partnership, limited partners with less than a majority interest in Developer. (j) Loan to Close. All of the conditions to closing the Commission Subordinate Loan for Phase I set forth in Section [9.3.6] have been satisfied or waived. (k) Building Permit. The Building Permit for the Phase I Improvements has issued or is ready to issue upon only payment of a sum certain. (1) Work to Commence. The Executive Director shall be reasonably satisfied that the work of the Phase I Improvements will commence not later than ten (10) days after the Close of Escrow for Phase I and will thereafter be completed in a diligent and continuous manner by the time required in the Ground Lease for Phase I. (m) Assignment of Plans and Architect's Contract. Developer shall, by an instrument substantially in the form attached hereto as Exhibit ["M"], conditionally assign to Commission the Final Construction Documents for the Phase I Improvements and the Project Architect's contract for Phase I. Developer shall also deliver to Commission, in the form included as part of Exhibit ["M"], the written consent of said Project Architect to said assignment, including, without limitation, to the use by Commission of the Final Construction Documents for Phase I, as well as the ideas, designs, and concepts contained within them. Commission acknowledges and agrees that its rights under such assignment shall be subordinate to any such rights assigned to the Construction Lender for Phase I. (n) Assignment of Construction Contract. Developer shall conditionally assign to Commission, as additional security for the Commission Subordinate Loan Note for Phase 1, the Construction Contract for Phase I. The form of such assignment shall be substantially similar to the form of the assignment made by Developer of the Construction Contract for Phase I to the Construction Lender for Phase 1. Commission acknowledges and agrees that its rights under such assignment shall be subordinate to any such rights assigned to the Construction Lender for Phase I. (o) Notice of Affordability Restrictions. Developer shall have duly executed and deposited into the Phase I Escrow for recordation in the Official Records a "Notice 39 \\cdcnt\datal\users\PBeard\pyatuk\ inal DDA does\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc of Affordability Restrictions on Transfer of Property" for Phase I in form and substance sufficient to satisfy the requirements of Health & Safety Code Section 33334.3(f)(3)(B). (p) Insurance. Commission has received satisfactory evidence that the insurance required pursuant to Article [9] of the Ground Lease for Phase I is in full force and effect. (q) Management Plan. Executive Director has received from Developer and approved a comprehensive management plan for Phase I Improvements, including a fair housing component. (r) Management Agreement. Executive Director has received and approved an executed agreement by and between Developer and Related Management Company, L.P., or another reputable and experienced property manager for management of the Phase I Improvements (the "Management Agreement for Phase I"), which Management Agreement for Phase I shall be consistent with this Agreement, including, without limitation, Section [8.12] of the Ground Lease for Phase I. (s) Affirmative Marketing Plan. Developer shall prepare and submit to the Executive Director for reasonable approval an affirmative marketing plan for Phase I that satisfies the requirements of 24 CFR 92.351. (t) Documents Executed. Developer has duly executed the Ground Lease for Phase I and the Memorandum of Ground Lease for Phase I and such documents have been deposited into escrow. (u) Final PMP. Commission and DTSC have entered into the Final PMP, which Final PMP has been approved by Developer and is in full force and effect. (v) Final SPP. Commission and Developer have entered into the Final SPP for Phase I, such agreement is in full force and effect, Developer shall have completed all work required by it to be completed thereunder prior to the Close of Escrow for Phase I, and Developer shall not otherwise be in default thereunder. (w) DTSC Partial Certificate. DTSC has executed and delivered a DTSC Partial Certificate for that portion of the remediation work to be completed, pursuant to the Final PMP, prior to Close of Escrow for Phase I. (x) Reciprocal Rights Documents. Commission and Developer have entered into the Reciprocal Rights Documents to be recorded in the Official Records against the Phase I and Phase II Parcels. Commission and Developer agree that (i) if the Reciprocal Rights Documents record in the Official Records through the Escrow for Phase I, the Reciprocal Rights Documents shall include provision for termination thereof in the event that this Agreement is terminated prior to Close of Escrow for Phase II, and (ii) in the alternative, in lieu of recording the Reciprocal Rights Documents at the Close of Escrow for Phase I, the parties may agree to defer such recordation until the Close of Escrow for Phase II on the condition that Commission, 40 \\cdcnt\data]\users \PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc Developer, Senior Lender, HCD and the Tax Credit Partner all agree, in writing, (x) both as to such deferral and to cooperate fully therewith (i.e., to execute any and all necessary documents including, without limitation, subordination agreements), (y) on the form of the document(s) to record through the Escrow for Phase II, and (z) on the exact priority such documents will have at such time as they record. If Commission and Developer elect option (ii), above, they agree that if this Agreement terminates prior to the Close of Escrow for Phase II, such Reciprocal Rights Documents shall never record. (y) Parcel Map. The Parcel Map has recorded or will record through the Escrow for Phase I. (z) Representations and Warranties. The representations of Developer contained in this Agreement shall be correct in all material respects as of the Close of Escrow for Phase I as though made on and as of that date and, if requested by the Executive Director, Commission shall have received a certificate to that effect signed by Developer. (aa) No Default. No Event of Default by Developer with respect to Phase I shall then exist, and no event shall then exist which, with the giving of notice or the passage of time or both, would constitute an Event of Default by Developer with respect to Phase I and, if requested by the Executive Director, Commission shall have received a certificate to that effect signed by Developer. 11.5 Covenants of Developer. Developer covenants and agrees to satisfy, by the time provided in the Schedule of Performance (subject to Section [27.111), any and all of the conditions set forth in Section [11.4] that (a) Developer has not elsewhere in this Agreement expressly covenanted and agreed to satisfy and (b) the satisfaction of which is entirely within the reasonable control of Developer. Developer covenants and agrees to make its best efforts to satisfy, by the time provided in the Schedule of Performance (subject to Section [27.11]), any and all of the conditions set forth in Section [11.4] that (a) Developer has not elsewhere in this Agreement expressly covenanted and agreed to satisfy, (b) Developer has not elsewhere in this Agreement expressly covenanted and agreed to make best or commercially reasonable efforts to satisfy, and (c) the satisfaction of which is within the reasonable control of Developer. 11.6 Conditions for Developer's Benefit for Phase I. Developer's obligation to ground lease the Phase I Parcel from Commission shall be subject to satisfaction of the following conditions precedent: (a) Final PMP. Commission and DTSC have entered into the Final PMP, which Final PMP has been approved by Developer and is in full force and effect. (b) Final SPP. Commission and Developer have entered into the Final SPP for Phase I, such agreement is in full force and effect, Commission shall have completed all work required by it to be completed thereunder prior to the Close of Escrow for Phase I, and Commission shall not otherwise be in default thereunder. 41 \\cdcut\datat\users\PBeard\pyatok\Fual DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-1 Ldoc (c) AB 389 Agreement. Developer and DTSC have entered into an agreement under AB 389 for the Site and DTSC is not in default thereunder. (d) DTSC Partial Certificate. DTSC has executed and delivered a DTSC Partial Certificate for that portion of the remediation work to be completed, pursuant to the Final PMP, prior to Close of Escrow for Phase I. (e) Title Insurance. Title Company is prepared to issue its ALTA leasehold form policy of title insurance, with liability in the amount of the total of the equity raised from the sale of the Tax Credits for Phase I plus the principal amounts of the Take -Out Loan for Phase I, Proposition IC Financial Assistance for Phase I, and Commission Subordinate Loan for Phase I, showing leasehold title to the Phase I Parcel and fee title to the Phase I Improvements located thereon vested in Developer, subject only to the lien of the Senior Loan Security Documents for Phase I, the Commission Subordinate Loan Deed of Trust for Phase I, and such other exceptions as Developer has previously notified Commission were acceptable to Developer pursuant to Section [4.31 (the "Developer Title Policy for Phase I"). (f) Commercial Pollution Legal Liability Coverage. Developer shall have secured a policy of commercial pollution legal liability insurance (the "Commercial PLL") that will become effective not later than upon issuance of the No Further Action letter for Phase I from DTSC. Such policy shall: (i) name Developer as the primary insured and, at the election of Commission, City and/or Commission as additional insureds, and (ii) have terms and conditions substantially equivalent to the following: Each Loss Limit $10,000,000 Total All Losses $10,000,000 Deductible/Retention $100,000 Term 10 years Coverage Third Party Bodily Injury for Known Conditions / Pre -Existing Conditions / Historical Conditions Included Third Party Bodily Injury for New Pollution Conditions Included Property Damage Claims for Known Conditions / Pre -Existing Conditions / Historical Conditions Included Property Damage Claims for New Pollution Conditions Included Clean Up/Remediation Costs for Known Conditions / Pre -Existing Conditions / Historical Conditions Excluded Clean Up/Remediation Costs for New Pollution Conditions Included Third Party Claims related to transportation of cargo Included Waste Disposal — Non Owned Locations Coverage Included Emergency Response Costs Included Development Soft Cost Coverage Included 42 \cdcnt\data1\uscrs\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc The premium for such policy shall be paid in full as a Phase I Project Cost at Close of Escrow by the Escrow Holder; provided, however, the incremental cost of any coverage broader than that set forth in the schedule above shall be borne solely by Developer out of its own funds. Developer, not later than ten (10) Business Days prior to the Close of Escrow, shall submit a specimen copy of the proposed policy to the Executive Director for approval as to terms, coverage, exceptions and exclusions, which approval shall not be unreasonably withheld. (g) Documents Executed. Commission has duly executed the Ground Lease for Phase I and Memorandum of Ground Lease for Phase I, and such documents have been deposited into the Phase I Escrow. (h) Land Use Entitlements. The Land Use Entitlements for Phase I are in full force and effect. (i) Final Project Budget. The Executive Director, Developer, Construction Lender for Phase I, Tax Credit Partner for Phase I, and HCD have approved (i) the Final Project Budget for Phase I. The Final Project Budget for Phase I may be revised from time to time, subject to the approval of Developer. (j) Evidence of Phase 1 Financing. The Executive Director has approved the Evidence of Phase I Financing. (k) Final Construction Documents. City has approved the Final Construction Documents for the Phase I Improvements. (I) Building Permit. The Building Permit for the Phase I Improvements has issued or is ready to issue upon only payment of a sum certain. (m) Parcel Map. The Parcel Map has recorded or will record through the Escrow for Phase I. (n) Site Clearance. All improvements have been removed from the Phase I Parcel, including all subsurface elements that must be removed to permit construction of the Phase I Improvements. (o) CHW/Commission Grant Agreement. The CHW/Commission Grant Agreement is in full force and effect, and neither CHW nor Commission is in default thereunder. (p) No Default. No Event of Default by Commission with respect to Phase I shall then exist, and no event shall then exist which, with the giving of notice or the passage of time or both, would constitute an Event of Default by Commission with respect to Phase I and, if requested by Developer, Developer shall have received a certificate to that effect signed by the Executive Director. 43 \\cdcnt\datal\uscrsWBeard\pvatok\Final DDA dots\DDA v 6 6 11 s x FINAL FINAL 6-8-1 Ldoc 11.7 Developer Right to Terminate. Prior to the Close of Escrow for Phase I, Developer, if it is not then in material default under this Agreement (subject to the notice and cure provisions of Section [22.1(c)J), may terminate this Agreement by giving thirty (30) days' notice to Commission if, despite having made its best efforts, it has been unable, by the time provided in the Schedule of Performance (subject to Section [27.11]), to satisfy any of the conditions set forth in Section [11.4]. 11.8 Commission Right to Terminate. Prior to the Close of Escrow for Phase I, Commission, if it is not then in material default under this Agreement (subject to the notice and cure provisions of Section [22.1(c)1), may terminate this Agreement by giving thirty (30) days' notice to Developer if, by the time provided in the Schedule of Performance (subject to Section [27.11J), Developer has failed to satisfy any of the conditions set forth in Section [11.41. That notwithstanding, (a) if Developer, during said thirty (30)-day notice period, satisfies said conditions or causes said conditions to be satisfied, then the Commission notice of termination shall be deemed nullified thereby, (b) with respect to the condition set forth in Subdivision [11.4(a)], Commission shall have no such right to terminate this Agreement unless and until Developer has exhausted at the City Council any and all reasonable rights available to it to appeal a denial of the Land Use Entitlements and/or the time to file any such appeal has expired, (c) with respect to the condition set forth in Subdivision [11.4(f)], Commission shall have no such right to terminate this Agreement if approval of such Final Construction Documents for Phase I has been unreasonably withheld or delayed by City, and (d) with respect to the condition set forth in Subdivision [11.4(y)], Commission, if Developer is diligently and continuously pursing approval of said parcel map, shall have no such right to terminate this Agreement unless and until Developer has exhausted at the City Council any and all reasonable rights available to it to appeal any condition or conditions to approval or denial of such parcel map by the Planning Commission of City. 11.9 Waiver of Conditions. The conditions set forth in Section [11.4] are for Commission's benefit only and the Executive Director may waive all or any part of such rights by notice to Developer and the Escrow Holder for Phase I. The conditions set forth in Section [11.6] are for Developer's benefit only and Developer may waive all or any part of such rights by notice to Commission and the Escrow Holder for Phase I. 12. GROUND LEASE OF PHASE II PARCEL 12.1 Agreement. Commission, subject to the conditions set forth in Section [12.4], agrees to ground lease to Developer, and Developer, subject to the conditions set forth in Section [12.5J, agrees to ground lease from Commission, the Phase II Parcel pursuant to the form of "Ground Lease" attached hereto as Exhibit Ell 12.2 Escrow for Phase II. Conveyance of the Phase II Parcel pursuant to the Ground Lease for Phase II shall be made through the Escrow for Phase II. This Agreement shall constitute escrow instructions to the Escrow Holder for Phase II. Commission and Developer shall execute such further escrow instructions as are consistent with this Agreement and as may be reasonably required by the Escrow Holder for Phase II. 44 \\cdcnt\dataI\users\ Beard\pyatok\Final DDA docsWDA v 6 6 11 s x FINAL FINAL6-8-1 Ldoc 12.3 Term of Escrow for Phase II. The Escrow for Phase II shall close concurrent with the Construction Loan Closing for Phase II. 12.4 Conditions for Commission's Benefit for Phase II. Commission's obligation to ground lease the Phase II Parcel to Developer shall be subject to satisfaction of the following conditions precedent: (a) Land Use Entitlements. Developer has secured and possesses the Land Use Entitlements for the Phase II Parcel. (b) Final Project Budget. The Executive Director, Developer, Construction Lender for Phase II, Tax Credit Partner for Phase II, and HCD have approved the final Project Budget for Phase II, including, without limitation, (i) the terms and conditions of the Developer Fee for Phase II, (ii) the terms and conditions of any reserve funds to be established and maintained for the Phase II Project, and (iii) the terms and conditions for the disbursement of the Phase II: Construction Loan, Commission Subordinate Loan, Tax Credit Funds, and Proposition IC Grant (the "Final Project Budget for Phase II"). The Final Project Budget for Phase II may be revised from time to time, subject to the approval of the Executive Director. (c) Evidence of Financing. The Executive Director has received and approved the following "Evidence of Phase II Financing:" (i) Construction Loan. True and complete copies of the Phase 11 Construction Loan documents evidencing the obligation of a reputable institutional lender, subject only to reasonable and customary conditions, to make the Construction Loan for Phase II to Developer. (ii) Tax Credit Financing. Documentary evidence reasonably acceptable to the Executive Director that Developer has (a) either (x) obtained at least three (3) competitive bids for sale of the Tax Credits for Phase II, or (y) if it has obtained less than three (3) such bids, made all commercially reasonable efforts to obtain such bids, and (b) committed, or caused to be committed, funds from the sale of the Tax Credits for Phase 11 to construction of the Phase 11 Improvements, which commitment may be subject only to reasonable and customary conditions (the "Tax Credit Funds for Phase 1I"). (iii) Proposition IC Financial Assistance for Phase II. Documentary evidence reasonably acceptable to the Executive Director that disbursement of the Proposition IC Financial Assistance for Phase II is fully committed to construction of the Phase II Improvements subject only to HCD requirements, which requirements have been approved by the Executive Director, which approval shall not be unreasonably withheld. (iv) Gap Financing. Documentary evidence that Developer has committed, or caused to be committed, equity and/or financing to construction of the Phase II Improvements in the amount of the remainder, if any, of the Project Costs less the amount of the total of any Phase II: Construction Loan, Tax Credit Funds, Commission Subordinate Loan, and Proposition IC Financial Assistance (the "Gap Financing for Phase II"). Gap Financing for 45 \\cdcnt\data] \ users \Y6e;ad\pyatoklFinal DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-13-11 ,loc Phase II, if any, shall be from sources, and subject only to conditions, reasonably acceptable to the Executive Director. (v) Take -Out Loan Commitment. A commitment from a reputable institutional lender, subject only to reasonable and customary conditions, pursuant to which said lender agrees to make a Take -Out Loan to Developer for Phase II, with a term of not less than fifteen (15) years, in sum sufficient, when added to any Tax Credit Funds for Phase II to be disbursed for such purpose, to take-out the Construction Loan for Phase II. (d) General Contractor. The general contractor for Phase II (the "General Contractor for Phase II") has been approved by the Executive Director. Commission hereby pre -approves as General Contractor for Phase II either Portrait Homes, Inc. and/or its affiliates, or Hensel Phelps and/or its affiliates. (e) Construction Contract. Commission has received a true and complete copy of a contract by and between Developer and the General Contractor for Phase 11 pursuant to which the General Contractor for Phase II has agreed to make the Phase II Improvements at a cost consistent with the Final Project Budget for Phase II (the Construction Contract for Phase II"). (f) Final Construction Documents. City has approved the Final Construction Documents for the Phase II Improvements and Commission has received a full set thereof. (g) Completion Bonds. If the Construction Lender for Phase II or the Tax Credit Partner for Phase II requires that a completion bond be posted by the General Contractor for Phase II, then such completion bond shall name Commission as a co -obligee. (h) Completion Guaranty. Commission shall have received a duly executed completion guaranty for the Phase II Improvements from The Related Companies, L.P., substantially in the form attached hereto as Exhibit ["L" ]. (i) Organizational Documents. The Executive Director has received and approved a copy of such portions of the organizational documents (e.g., partnership agreement, limited liability company operating agreement) of Developer or Developer's successor -in -interest for Phase II as the Executive Director deems reasonably necessary to document the power and authority of the organization to perform its obligations as to Phase II under this Agreement. Developer has also made full disclosure to Commission of the names and addresses of all persons and entities that have a beneficial interest in Developer as to Phase II, excluding, if Developer is a limited partnership, limited partners with less than a majority interest in Developer. (j) Loan to Close. All of the conditions to closing the Commission Subordinate Loan for Phase II set forth in Section [10.3.61 have been satisfied or waived. 46 \\cdcnt\datallusers\PBeard\pyatok nal DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11 doc (k) Building Permit. The Building Permit for the Phase II Improvements has issued or is ready to issue upon only payment of a sum certain. (1) Work to Commence. The Executive Director shall be reasonably satisfied that the work of the Phase II Improvements will commence not later than ten (10) days after the Close of Escrow for Phase II and will thereafter be completed in a diligent and continuous manner by the time required in the Ground Lease for Phase II. (m) Assignment of Plans and Architect's Contract. Developer shall, by an instrument substantially in the form attached hereto as Exhibit ["M"], conditionally assign to Commission the Final Construction Documents for the Phase II Improvements and the Project Architect's contract for Phase II. Developer shall also deliver to Commission, in the form included as part of Exhibit ["M"], the written consent of said Project Architect to said assignment, including, without limitation, to the use by Commission of the Final Construction Documents for Phase II, as well as the ideas, designs, and concepts contained within them. Commission acknowledges and agrees that its rights under such assignment shall be subordinate to any such rights assigned to the Construction Lender for Phase II. (n) Assignment of Construction Contract. Developer shall conditionally assign to Commission, as additional security for the Commission Subordinate Loan Note for Phase II, the Construction Contract for Phase 11. The form of such assignment shall be substantially similar to the form of the assignment made by Developer of the Construction Contract for Phase II to the Construction Lender for Phase II. Commission acknowledges and agrees that its rights under such assignment shall be subordinate to any such rights assigned to the Construction Lender for Phase II. (o) Notice of Affordability Restrictions. Developer shall have duly executed and deposited into the Phase II Escrow for recordation in the Official Records a "Notice of Affordability Restrictions on Transfer of Property" for Phase II in form and substance sufficient to satisfy the requirements of Health & Safety Code Section 33334.3(f)(3)(B). (p) Insurance. Commission has received satisfactory evidence that the insurance required pursuant to Article [9] of the Ground Lease for Phase II is in full force and effect. (q) Management Plan. Executive Director has received from Developer and approved a comprehensive management plan for Phase II Improvements, including a fair housing component. (r) Management Agreement. Executive Director has received and approved an executed agreement by and between Developer and Related Management Company, L.P., or another reputable and experienced property manager for management of the Phase II Improvements (the "Management Agreement for Phase I1"), which Management Agreement for Phase II shall be consistent with this Agreement, including, without limitation, Section [8.12] of the Ground Lease for Phase II. 47 \\cdent\datal\users\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-1 I.doc (s) Affirmative Marketing Plan. Developer shall prepare and submit to the Executive Director for reasonable approval an affirmative marketing plan for Phase II that satisfies the requirements of 24 CFR 92.351. (t) Documents Executed. Developer has duly executed the Ground Lease for Phase II and the Memorandum of Ground Lease for Phase II and such documents have been deposited into escrow. (u) Redevelopment Plan Amendment. The Redevelopment Plan Amendment shall have been adopted and be in full force and effect. Developer acknowledges and agrees (i) that Commission does not represent and/or warrant that the Redevelopment Plan Amendment can or will be adopted, and (ii) in any case, adoption of the Redevelopment Plan Amendment would be at the sole and absolute discretion of the Commission and the City Council. (v) Bond Issue. Commission, subsequent to the Effective Date of this Agreement, have been able to issue (a) at a reasonable interest rate and on reasonable and customary terms and conditions, and (b) based on the pledge of unencumbered Set -Aside Funds, new, tax allocation bonds the net proceeds of which are (i) equal to not less than $23,000,000, and (ii) not subject to the claim of any third party and, consequently, available to fund the Commission Subordinate Loan for Phase II (the "Bonds for Phase II"). Developer expressly acknowledges and agrees that Commission has no obligation to fund the Commission Subordinate Loan for Phase II with any of the proceeds of that certain "$39,660,000 Community Development Commission of the City of National City (San Diego County, California) (National City Redevelopment Project) 2011 Tax Allocation Bonds," or any funds now or hereafter pledged to the payment thereof, or any refunding or refinancing thereof (the "2011 Bonds"). (w) Final PMP. Commission and DTSC have entered into the Final PMP, which Final PMP has been approved by Developer and is in full force and effect. (x) Final SPP. Commission and Developer have entered into the Final SPP for Phase II, such agreement is in full force and effect, Developer shall have completed all work required by it to be completed thereunder prior to the Close of Escrow for Phase II, and Developer shall not otherwise be in default thereunder. (y) DTSC Partial Certificate/No Further Action Letter. DTSC has executed and delivered a DTSC Partial Certificate for that portion of the remediation work to be completed, pursuant to the Final PMP, prior to Close of Escrow for Phase II. That notwithstanding, if by Close of Escrow for Phase II all of the work of the Final PMP has been completed, then DTSC shall have executed and delivered the No Further Action Letter. (z) Reciprocal Rights Documents. Commission and Developer have entered into the Reciprocal Rights Documents to be recorded in the Official Records against the Phase I and Phase II Parcels. 48 \\cdcnt\datal\users \PBeard\ppatok\Final DDA does\DDA v 6 6 11 s x FINAL FINAL 6-8-1 l.doc (aa) Representations and Warranties. The representations of Developer contained in this Agreement shall be correct in all material respects as of the Close of Escrow for Phase II as though made on and as of that date and, if requested by the Executive Director, Commission shall have received a certificate to that effect signed by Developer. (bb) No Default. No Event of Default by Developer with respect to Phase II shall then exist, and no event shall then exist which, with the giving of notice or the passage of time or both, would constitute an Event of Default by Developer with respect to Phase II and, if requested by the Executive Director, Commission shall have received a certificate to that effect signed by Developer. 12.5 Covenants of Developer. Developer covenants and agrees to satisfy, by the time provided in the Schedule of Performance (subject to Section [27.11]), any and all of the conditions set forth in Section [12.4] that (a) Developer has not elsewhere in this Agreement expressly covenanted and agreed to satisfy and (b) the satisfaction of which is entirely within the reasonable control of Developer. Developer covenants and agrees to make its best efforts to satisfy, by the time provided in the Schedule of Performance (subject to Section [27.11]), any and all of the conditions set forth in Section [12.4] that (a) Developer has not elsewhere in this Agreement expressly covenanted and agreed to satisfy, (b) Developer has not elsewhere in this Agreement expressly covenanted and agreed to make best or commercially reasonable efforts to satisfy, and (c) the satisfaction of which is within the reasonable control of Developer. 12.6 Conditions for Developer's Benefit for Phase II. Developer's obligation to ground lease the Phase II Parcel from Commission shall be subject to satisfaction of the following conditions precedent: (a) Final PMP. Commission and DTSC have entered into the Final PMP, which Final PMP has been approved by Developer and is in full force and effect. (b) Final SPP. Commission and Developer have entered into the Final SPP for Phase II, such agreement is in full force and effect, Commission shall have completed all work required by it thereunder to be completed prior to the Close of Escrow for Phase II, and Commission shall not otherwise be in default thereunder. (c) AB 389 Agreement. Developer and DTSC have entered into an agreement under AB 389 for the Site and DTSC is not in default thereunder. (d) DTSC Partial Certificate/No Further Action Letter. DTSC has executed and delivered a DTSC Partial Certificate for that portion of the remediation work to be completed, pursuant to the Final PMP, prior to Close of Escrow for Phase II. That notwithstanding, if by Close of Escrow for Phase 11 all of the work of the Final PMP has been completed, then DTSC shall have executed and delivered the No Further Action Letter. (e) Title Insurance. Title Company is prepared to issue its ALTA leasehold form policy of title insurance, with liability in the amount of the total of the equity raised from the sale of the Tax Credits for Phase II plus the principal amounts of the Take -Out 49 1\cdcut\datal\users\PBeard\pyatok\Final DDA does\DDA v 6 6 11 s x FINAL FINAL 6-8-1 I.dm Loan for Phase II, Proposition IC Financial Assistance for Phase II, and Commission Subordinate Loan for Phase II, showing leasehold title to the Phase II Parcel and fee title to the Phase II Improvements located thereon vested in Developer, subject only to the lien of the Senior Loan Security Documents for Phase II, the Commission Subordinate Loan Deed of Trust for Phase II, and such other exceptions as Developer has previously notified Commission were acceptable to Developer pursuant to Section [4.3) (the "Developer Title Policy for Phase II"). (f) Commercial Pollution Legal Liability Coverage. Developer shall have secured a policy of commercial pollution legal liability insurance (the "Commercial PLL") that will become effective not later than upon issuance of the No Further Action letter for Phase II from DTSC. Such policy shall: (i) name Developer as the primary insured and, at the election of Commission, City and/or Commission as additional insureds, and (ii) have terms and conditions substantially equivalent to the following: Each Loss Limit $10,000,000 Total All Losses $10,000,000 Deductible/Retention $100,000 Term 10 years Coverage Third Party Bodily Injury for Known Conditions / Pre -Existing Conditions / Historical Conditions Included Third Party Bodily Injury for New Pollution Conditions Included Property Damage Claims for Known Conditions / Pre -Existing Conditions / Historical Conditions Included Property Damage Claims for New Pollution Conditions Included Clean Up/Remediation Costs for Known Conditions / Pre -Existing Conditions / Historical Conditions Excluded Clean Up/Remediation Costs for New Pollution Conditions Included Third Party Claims related to transportation of cargo Included Waste Disposal — Non Owned Locations Coverage Included Emergency Response Costs Included Development Soft Cost Coverage Included The premium for such policy shall be paid in full as a Phase II Project Cost at Close of Escrow by the Escrow Holder; provided, however, the incremental cost of any coverage broader than that set forth in the schedule above shall be borne solely by Developer out of its own funds. Developer, not later than ten (10) Business Days prior to the Close of Escrow, shall submit a specimen copy of the proposed policy to the Executive Director for approval as to terms, coverage, exceptions and exclusions, which approval shall not be unreasonably withheld. (g) Documents Executed. Commission has duly executed the Ground Lease for Phase II and Memorandum of Ground Lease for Phase II, and such documents have been deposited into the Phase II Escrow. 50 \\cdcnt\datai\users\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc (h) Land Use Entitlements. The Land Use Entitlements for Phase II are in full force and effect. (i) Final Project Budget. The Executive Director, Developer, Construction Lender for Phase II, Tax Credit Partner for Phase I, and HCD have approved (i) the Final Project Budget for Phase II. The Final Project Budget for Phase II may be revised from time to time, subject to the approval of Developer. (j) Evidence of Phase II Financing. The Executive Director has approved the Evidence of Phase II Financing. (k) Final Construction Documents. City has approved the Final Construction Documents for the Phase II Improvements. (1) Building Permit. The Building Permit for the Phase II Improvements has issued or is ready to issue upon only payment of a sum certain. (m) Site Clearance. All improvements have been removed from the Phase II Parcel, including all subsurface elements that must be removed to permit construction of the Phase 11 Improvements. (n) No Default. No Event of Default by Commission with respect to Phase II shall then exist, and no event shall then exist which, with the giving of notice or the passage of time or both, would constitute an Event of Default by Commission with respect to Phase II and, if requested by Developer, Developer shall have received a certificate to that effect signed by the Executive Director. 12.7 Developer Right to Terminate. Prior to the Close of Escrow for Phase II, Developer, if it is not then in material default under this Agreement (subject to the notice and cure provisions of Section [22.1(c)]), may terminate this Agreement as to Phase II only by giving thirty (30) days' notice to Commission if, despite having made its best efforts, it has been unable, by the time provided in the Schedule of Performance (subject to Section [27.11]), to satisfy any of the conditions set forth in Section [12.4]. Additionally, if, following the Close of Escrow for Phase I but prior to the Close of Escrow for Phase II, Developer (a) (i) reasonably determines that one or more of the conditions set forth in Section [12.6] cannot be satisfied by the time provided in the Schedule of Performance, and (ii) is unwilling or unable to waive that condition and, (b) consequently, desires to terminate this Agreement as to Phase II only, it shall notify Commission thereof. Promptly upon the giving of such notice, Commission and Developer shall, meet and confer about the situation without, however, the obligation on the part of either party to agree to any modification to this Agreement. If, at the earlier of (a) the conclusion of the meeting and conference or (b) thirty (30) days following the giving of the notice, Developer still desires to terminate this Agreement as to Phase II only, Developer, provided that it is not then in material default under this Agreement (subject to the notice and cure provisions of Section [22.1(c)]), may so terminate this Agreement as to Phase II only by notice to Commission. 51 \\cdcntMiatal\users\PBeard\pyatok\Final DDA docs'DDA v 6 6 11 s x FINAL FINAL 6-8-11.doe 12.8 Commission Right to Terminate. Prior to the Close of Escrow for Phase II, Commission, if it is not then in material default under this Agreement (subject to the notice and cure provisions of Section [22.1(c)]), may terminate this Agreement as to Phase II only by giving thirty (30) days' notice to Developer if, by the time provided in the Schedule of Performance (subject to Section [27.11]), any of the conditions set forth in Section [12.4] have not been satisfied. That notwithstanding, (a) if Developer, during said thirty (30)-day notice period, satisfies said conditions or causes said conditions to be satisfied, then the Commission notice of termination shall be deemed nullified thereby, (b) with respect to the condition set forth in Subdivision [12.4(a)], Commission shall have no such right to terminate this Agreement unless and until Developer has exhausted at the City Council any and all reasonable rights available to it to appeal a denial of the Land Use Entitlements and/or the time to file any such appeal has expired, and (c) with respect to the condition set forth in Subdivision [12.4(f)], Commission shall have no such right to terminate this Agreement if approval of such Final Construction Documents for Phase I has been unreasonably withheld or delayed by City. Additionally, if, following the Close of Escrow for Phase I but prior to the Close of Escrow for Phase II, Commission (a) (i) reasonably determines that one or more of the conditions set forth in Section [12.4] cannot be satisfied by the time provided in the Schedule of Performance, and (ii) is unwilling or unable to waive that condition, and (b) consequently, desires to terminate this Agreement as to Phase II only, it shall notify Developer thereof. Promptly upon the giving of such notice, Commission and Developer shall meet and confer about the situation without, however, the obligation on the part of either party to agree to any modification to this Agreement. If, at the earlier of (a) the conclusion of the meeting and conference or (b) thirty (30) days following the giving of the notice, Commission still desires to terminate this Agreement as to Phase II only, Commission, provided that it is not then in material default under this Agreement (subject to the notice and cure provisions of Section [22.1(c)]), may so terminate this Agreement as to Phase II only by notice to Developer. 12.9 Waiver of Conditions. The conditions set forth in Section [12.4] are for Commission's benefit only and the Executive Director may waive all or any part of such rights by notice to Developer and the Escrow Holder for Phase 11. The conditions set forth in Section [12.6] are for Developer's benefit only and Developer may waive all or any part of such rights by notice to Commission and the Escrow Holder for Phase II. 13. AFFORDABILITY COVENANTS 13.1 Phase I. As more particularly provided in the Ground Lease for Phase I, for a period of ninety-nine (99) years the dwelling units in Phase I shall be rented as follows: (a) Twelve (12) of the dwelling units in the Phase I Improvements shall be rented to persons and families whose incomes do not exceed thirty percent (30%) of area median at rents affordable to said persons and families, of which three (3) of said units shall be one (1)-bedroom units, five (5) shall be two (2)-bedroom units, and four (4) shall be three (3)- bedroom units; 52 \\cdcnt\data)\users\FBeard\pyatok\Final ODA docs\DIA v 6 6 II s x FINAL FINAL 6-8-11.doc (b) Twenty-three (23) of the dwelling units in the Phase I Improvements shall be rented to persons and families whose incomes do not exceed forty percent (40%) of area median at rents affordable to said persons and families, of which five (5) of said units shall be one (1)-bedroom units, ten (10) shall be two (2)-bedroom units, and eight (8) shall be three (3)-bedroom units; (c) Eighteen (18) of the dwellings units in the Phase I Improvements shall be rented to persons and families whose incomes do not exceed fifty percent (50%) of area median at rents affordable to said persons and families, of which three (3) of said units shall be one (1)-bedroom units, nine (9) shall be two (2)-bedroom units, and six (6) shall be three (3)- bedroom units; and (d) The remaining dwelling units in the Phase I Improvements (save for one (1) manager's unit) shall be rented to persons and families whose incomes do not exceed one hundred ten percent (110%) of area median at rents affordable to said persons and families. 13.2 Phase H. As more particularly provided in the Ground Lease for Phase II, for a period of ninety-nine (99) years the dwelling units in Phase II shall be rented as follows: (a) Eleven (11) of the dwelling units in the Phase II Improvements shall be rented to persons and families whose incomes do not exceed thirty percent (30%) of area median at rents affordable to said persons and families, of which one (1) of said units shall be a studio apartment, three (3) of said units shall be one (1)-bedroom units, four (4) shall be two (2)- bedroom units, and three (3) shall be three (3)-bedroom units; (b) Twenty-one (21) of the dwelling units in the Phase 11 Improvements shall be rented to persons and families whose incomes do not exceed forty percent (40%) of area median at rents affordable to said persons and families, of which two (2) of said units shall be studio apartments, five (5) of said units shall be one (1)-bedroom units, eight (8) shall be two (2)-bedroom units, and six (6) shall be three (3)-bedroom units; (c) Thirteen (13) of the dwellings units in the Phase II Improvements shall be rented to persons and families whose incomes do not exceed fifty percent (50%) of area median at rents affordable to said persons and families, of which two (2) of said units shall be one (1)-bedroom units, five (5) shall be two (2)-bedroom units, and six (6) shall be three (3)- bedroom units; and (d) The remaining dwelling units in the Phase II Improvements (save for one (1) manager's unit) shall be rented to persons and families whose incomes do not exceed one hundred ten percent (110%) of area median at rents affordable to said persons and families. 14. ENVIRONMENTAL CONDITIONS 14.1 Commission Obligations. (a) Disclosures. The Site has been studied by Commission, which has commissioned environmental review of all or parts of the Site in the form of a "Phase I" report, in conformance with U.S. EPA rules requiring "All Appropriate Inquiry" and has further 53 \\cdcnt\lata1\users\PBeard\pyatok\Final DDA docs DDA v 6 6 11 s x FINAL FINAL 6-8-11-da commissioned "Phase II" reports in which samples of the subsurface condition have been taken and analyzed. A list of all reports in the possession of Commission, which is believed to be but which is not represented to be a comprehensive list of all reports that exist regarding the Site, is attached hereto as Exhibit ["N"] and has been made available to Developer for its review. As a result of the historic uses at the Site, the Site has been found to have been impacted by substances that are regulated and listed under laws pertaining to hazardous substances and materials, and some of such substances located on the Site are listed as "hazardous." Except as disclosed in the reports set forth on Exhibit ["N,"] Commission represents to Developer that it is not aware of, and it has not received any additional notice or communication from any governmental agency having jurisdiction over the Site, notifying it of the presence of hazardous substances in, on, or under the Site, or any portion thereof. (b) Remediation. With respect to each Phase/Parcel of the Project and taking into account the fact that the project will be built in two (2) Phases: (i) Property Mitigation Plan. Commission has entered into or will enter into a voluntary contract with DTSC for the review of historic site conditions and approval of remedial steps that will mitigate those conditions. Commission will continue to stay in contractual privity with DTSC and will (in accordance with Section [4.4]) develop the Final PMP(s) or similar document(s) that will: (A) identify known environmental conditions on the Site that require remediation, (B) propose and describe methods to remediate conditions that might impact the residential use of the Site contemplated by this Agreement, (C) identify those tasks that must be completed prior to achieving closure of the Site, (D) allow Developer to receive the benefits available under the Polanco Act, and (E) provide for DTSC to indicate that the Site is safe for its intended use by issuing a "Certificate of Completion," or a "No Further Action" letter, or some other written statement indicating that all remedial work necessary for the safe use of the Site has been completed. After the Preliminary PMP has been approved by Developer pursuant to Section [4.4], Developer shall have the right to review and approve all subsequent drafts thereof including, without limitation, those drafts to be submitted to DTSC for interim or final approval. Approval by Developer of each such draft shall not be unreasonably withheld or delayed. If Developer reasonably disapproves any draft submitted by Commission and Commission fails promptly to overcome Developer's reasonable objection(s), either party may terminate this Agreement by notice in writing. Developer agrees to cooperate fully with Conunission in the development and processing of the Final PMP(s) by, among other things, timely supplying to Commission such information as Commission reasonably requires (and as would he typically generated by a developer at that stage of the development process) including, without limitation, preliminary grading and development plans for the Site. (ii) Site Preparation Plan. After the Preliminary SPP has been approved by Developer pursuant to Section [4.4], Commission shall, concurrent with preparation of the Final PMP, revise that Preliminary SPP to reflect development of the Final PMP, including DTSC review, comment and approval of that Final PMP. Commission shall submit progressive drafts of the Final SPP to Developer for review and approval, which approval shall not be unreasonably withheld or delayed. If, (A) Developer reasonably disapproves any draft of the Final SPP submitted by Commission and Commission fails promptly to overcome Developer's reasonable objection(s), or (b) at such time as DTSC approves the Final PMP, 54 \\cdcnt\datal\uscrs\PBcard\pyatok\Final DDA docs\DDA v 6 6 1 1 s x FINAL FINAL 6-8-11 doe Developer reasonably disapproves the Final SPP submitted by Commission and Commission fails promptly to overcome Developer's reasonable objection(s), either party may terminate this Agreement by notice in writing. (iii) Extension of Schedule of Performance Dates. If, following receipt of the Final PMP and Final SPP, either Developer or Commission determines that tasks required thereunder will necessitate the extension of times for performance under the Schedule of Performance beyond the times set forth therein, then the parties will meet and confer to reasonably agree on an extension of time in the Schedule of Performance to complete such tasks. (c) No Further Action. The Final SPP for each Phase shall provide for the process by which the parties will pursue at the earliest reasonable opportunity for each Phase/Parcel a 'No Further Action Letter' from DTSC or such other written evidence reasonably acceptable to Developer confirming that the remediation work has been completed for the subject Phase/Parcel in accordance with the Final PMP for that Phase/Parcel (the "No Further Action Letter"). Commission agrees to seek in the Final PMP for each Phase/Parcel an interim action by DTSC whereby DTSC indicates, in writing and prior to the Close of Escrow for each Phase/Parcel, that remediation measures taken to date have been completed satisfactorily (the "DTSC Partial Certificate"). (d) Immunities. Once a No Further Action Letter has been issued for each Phase/Parcel by DTSC or other appropriate regulatory agency pursuant to the Final PMP for each Phase/Parcel, all benefits and immunities established under the Polanco Act shall attach and inure to the benefit of Developer, its lenders, tenants, successors and assigns as provided by law. 14.2 Limitation of Commission Obligations. (a) "As Is" Conveyance. Except as otherwise provided in this Agreement including, without limitation, the provisions of Section [14.1(b)), each Parcel shall be conveyed to Developer in "as is" physical condition. Except for Commission's obligation to remediate hazardous materials as expressly provided in this Agreement, including without limitation, the Commission's obligations to remediate pre-existing, historical hazardous materials under Sections [4.4 (g) and (h)(i) through (iv)], the Final PMP or the Final SPP, Commission shall have no responsibility for the suitability of each Parcel or portions thereof for the development of the Improvements to be made to that Parcel, and if the conditions of a Parcel or portions thereof are not entirely suitable for such development and Developer or Commission do not otherwise terminate this Agreement in accordance with the terms of this Agreement, then Developer shall put that Parcel in a condition suitable for that development. Subject to Commission's performance of its obligations under this Agreement, including, without limitation, the Final SPP for each Parcel, Developer waives any right of reimbursement or indemnification from Commission for Developer's costs related to any physical conditions on each Parcel unless such condition was known to Commission and not disclosed to Developer and such condition was not readily discoverable by Developer upon reasonable inspection of the subject Parcel. This waiver shall survive termination of this Agreement. 55 \\cdcnt\natal\users\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11 doc (b) Disclosure. In anticipation of Developer's acquiring the Site and in fulfillment of the requirements of Health and Safety Code Section 25359.7(a), Commission has no knowledge of any hazardous materials or substances in or on the Site other than the Hazardous Materials investigation reports listed in Exhibit ["N"] and the additional information provided to Developer as part of the Preliminary and Final PMP and the information, if any, provided to Commission by Developer pursuant to Developer's due diligence activities related to the Site. (c) Limit of Commission Liability. Developer accepts that not all contamination may be removed from each Parcel following completion of activities described in the Final PMP, even after issuance of a "No Further Action Letter" for a Parcel. However, notwithstanding anything contained in this Agreement to the contrary, Commission obligation for environmental assessment, remediation and/or transportation of regulated materials terminates upon DTSC's agreement that the Final PMP has been fully implemented as evidenced by issuance of the No Further Action Letter. Developer understands that although each Parcel will be prepared to a condition in which impacts have been mitigated to a level where it meets applicable human health risk assessment criteria, and construction -related nuisance impacts have been abated (or will be abated simultaneous with construction activities), some substances may remain at the Site, at or below concentrations consistent with regulatory guidelines and the Final PMP. As a result of the immunities and protections described above in Section [14.1(d)), Developer, its lender, successors and assigns should have no liability for future remediation of these substances, and they will be held harmless and immune from such liability by operation of California law. However, should Developer, its successors or assigns determine or desire to undertake future construction or additional redevelopment activities at the Site following completion of the Improvements, any increased costs related to said redevelopment by reason of residual impacts shall be borne solely by Developer, its successors and assigns, and Commission will assume no responsibility for such costs. In addition, Developer, and its successors and assigns, accept that the immunities described in Section [14.1(d)] do not shield or protect against liability as a result of new releases of hazardous materials that may occur during or after the construction and operation of the Improvements or against third -party liability suits brought by residents or other users of the Site. Commission will accept no responsibility for such new releases, and Developer waives and abandons any such claims for liability against Commission for such new releases, except to the extent that Commission was an active discharger or actively participated in such post -conveyance discharge or release of hazardous substance. 15. CONDITION PRECEDENT TO PHASE II OBLIGATIONS Notwithstanding anything contained in this Agreement to the contrary, neither Commission nor Developer is required to perform any material obligation hereunder with respect to Phase II, other than an obligation the performance of which is incidental to the development of Phase I or that is reasonably necessary in order to permit the development of Phase 1 as required by this Agreement, unless and until the condition set forth in Section 12.4[v] has been satisfied or has been waived by Commission, and Commission has given notice thereof to Developer (the "Phase II Notice"). 56 \\cdcut\dataI\users\Flleard\pyatok\Final DDA docs\DDA v 66 11 s x FINAL FINAL 6-8-11.doc 16. LABOR STANDARDS Developer shall carry out the construction of the Improvements on the Site in conformance with all applicable federal and state labor standards, including, without limitation, the payment of prevailing wages. Phase o 17. CLOSE OF ESCROW; EXPENSES 17.1 Documents to be Delivered. Upon receipt by the Escrow Holder for each f: (a) The Commission Subordinate Loan Note for the subject Phase; (b) The Commission Subordinate Loan Deed of Trust for the subject Phase; (c) The Memorandum of Ground Lease Phase for the subject Phase; (d) The Notice of Affordability Restrictions on Transfer of Property for the subject Phase; (e) The Reciprocal Rights Documents (unless, as to the Close of Escrow for Phase I, Commission and Developer, pursuant to Section [11.6(x)], elect to defer recordation until the Close of Escrow for Phase II; and (f) All other funds and documents required to close the Escrow for the subject Phase in accordance with this Agreement; and (x) as to Phase I, (i) when the conditions precedent described in Section [11.4] been satisfied or waived in writing by the Executive Director, and (ii) when the conditions precedent described in Section [11.6] have been satisfied or waived in writing by Developer; and (y) as to Phase II, (i) when the conditions precedent described in Section [12.4] been satisfied or waived in writing by the Executive Director, and (ii) when the conditions precedent described in Section [12.6] have been satisfied or waived in writing by Developer, the Escrow Holder for the subject Phase shall, in the following order, record in the Official Records: (a) The Reciprocal Rights Documents (subject to the possible deferral of recordation described above); (b) The Memorandum of Lease for the subject Phase; (c) The Senior Loan Security Documents for the subject Phase; (d) The Commission Subordinate Loan Deed of Trust for the subject Phase I; 57 \\cdcnt\datal\users\PReard\pyatok\Final DDA does\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc (e) As to Phase I only: (i) The CHW Third Trust Deed Loan Security Documents for Phase I; and (ii) The CHW Fourth Trust Deed Loan Security Documents for Phase I; (f) As to Phase II only: The CHW Third Trust Deed Loan Security Documents for Phase II; (g) Notice of Affordability Restrictions on Transfer of Property for the subject Phase; and (h) Such other documents required to close the Escrow for the subject Phase in accordance with this Agreement; and shall deliver to Commission: (a) The Commission Subordinate Loan Note for the subject Phase; (b) Conformed copies of all of the documents and instruments that recorded in the Official Records for the subject Phase; and (c) The Commission Title Policy for the subject Phase; and shall deliver to Developer: (a) A copy of the Commission Subordinate Loan Note for the subject Phase; (b) Conformed copies of all of the documents and instruments that recorded in the Official Records for the subject Phase; and (c) The Developer Title Policy. 17.2 Expenses of Developer. For each Phase, Developer shall pay: (a) any and all documentary transfer taxes and recording fees arising from leasehold conveyance of the subject Parcel from Commission to Developer by the Ground Lease for the subject Phase, (b) the Escrow fee for the subject Phase, (c) the premium for the Commission Title Policy for the subject Phase, and (d) all such other costs and expenses related to such Escrow and not expressly provided for herein. 17.3 Instruction to Escrow Holder Regarding Waiver of Transfer Taxes and Recording Fees. The Escrow Holder for each Phase is hereby instructed to seek such 58 \\cdcot\datal\users \PAeard\pvatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc waivers and exemptions from transfer taxes and recording fees as are available pursuant to Revenue and Taxation Code Section 11922 and Government Code Section 6103, respectively. 17.4 Broker's Commissions. Developer represents and warrants that it has not engaged any broker, agent or finder in connection with this Agreement, and Developer agrees to indemnify, protect, hold harmless, and defend the Indemnitees from any claim by any brokers, agents or finders retained by Developer. 18. OTHER ESCROW INSTRUCTIONS 18.1 Funds in Escrow. All funds received in an Escrow shall be deposited by the Escrow Holder in a general escrow account with any state or national bank doing business in the State of California and reasonably approved by the Executive Director and Developer, and such funds may be combined with other escrow funds of the Escrow Holder. All disbursements shall be made on the basis of a thirty (30) day month. 18.2 Failure to Close. If an Escrow is not in condition to close on or before the time established in the Schedule of Performance therefor, any party who then shall have fully performed the acts to be performed before the conveyance of title may, in writing, demand the return of its money, papers, or documents from the Escrow Holder. No demand for return shall be recognized until fifteen (15) days after the Escrow Holder (or the party making such demand) shall have mailed copies of such demand to the other party. Objections, if any, shall be raised by written notice to the Escrow Holder and to the other party within the 15-day period, in which event the Escrow Holder is authorized to hold all money, papers and documents until instructed by mutual agreement of the parties or, upon failure thereof, by a court of competent jurisdiction. If no such demands are made, such Escrow shall be closed as soon as possible. If objections are raised in the manner provided above, the Escrow Holder shall not be obligated to return any such money, papers or documents except upon the written instructions of both the Executive Director and Developer, or until the party entitled thereto has been determined by a final decision of a court of competent jurisdiction. If no such objections are made within said 15-day period, the Escrow Holder shall immediately return the demanded money, papers or documents. 18.3 Amendments. Any amendment to these Escrow instructions shall be in writing and signed by the Executive Director or Commission Counsel and Developer. At the time of any amendment, the Escrow Holder shall agree to carry out its duties as the Escrow Holder under such amendment. 18.4 Notices. All Notices from the Escrow Holder. to Commission or Developer shall be given in the manner provided in Article [23]. 18.5 Liability. The liability of the Escrow Holder under this Agreement is limited to performance of the obligations imposed upon it under Sections [17.1], [17.3], and [18.1]. 59 \\cdcnt\datal\users\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc 19. CERTIFICATE OF COMPLETION Promptly after completion of all construction and development of the Improvements for a Phase in conformity with the Final Construction Documents and the Scope of Development for such Phase, and after written request therefor from Developer, Commission shall furnish Developer with a final Certificate of Completion for the subject Phase. Such final Certificate of Completion shall be, and shall so state, conclusive determination of satisfactory completion of the construction and development required by this Agreement for the subject Phase. The Certificate of Completion shall be in such form as to permit it to be recorded in the Official Records of the County. If, after written request therefor from Developer, Commission refuses or fails to furnish the applicable Certificate of Completion, Commission shall, within sixty (60) days after the written request, provide Developer with a written statement of the reasons Commission refused or failed to furnish the Certificate of Completion. The statement shall also contain Commission's opinion of the action Developer must take to obtain the Certificate of Completion. If the reason for such refusal is confined to either (a) the immediate unavailability of specific items or materials for landscaping or (b) the need only to complete "punch list" items, Commission will issue the Certificate of Completion upon the posting of a bond by Developer with Commission in an amount representing the fair value of the work not yet completed. If Commission shall have failed to provide such written statement within said (sixty) 60-day period, Developer shall be deemed entitled to the Certificate of Completion. Such Certificate of Completion shall not constitute evidence of compliance with or satisfaction of any obligation of Developer to any holder of a mortgage or any insurer of a mortgage securing money loaned to finance the Improvements. Such Certificate of Completion shall not he notice of completion as referred to in Section 3093 of the California Civil Code, nor shall such Certificate of Completion serve as a certificate of occupancy for the subject Phase. 20. GENERAL REPRESENTATIONS, WARRANTIES AND COVENANTS 20.1 Developer's Formation, Qualification and Compliance. Developer (a) is validly existing and in good standing under the laws of the State of California, (b) has all requisite authority to conduct its business and own and lease its properties, and (c) has all requisite authority to execute and perform its obligations under this Agreement. 20.2 Litigation. Developer represents and warrants that there are no material actions, lawsuits or proceedings pending or, to the best of Developer's knowledge, threatened against or affecting Developer, the adverse outcome of which could have a material adverse affect on Developer's ability to perform its obligations under this Agreement. 60 \\cdcnt\datal\users\PBeard\pyatok\Fnal DDA does\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc 21. INDEMNIFICATION AND INSURANCE 21.1 Nonliability of Commission. Developer acknowledges and agrees that: (a) Conunission neither undertakes nor assumes any responsibility to review, inspect, supervise, approve (other than for aesthetics) or inform Developer of any matter in connection with the Project, including matters relating to: (i) the Final Construction Documents, (ii) architects, contractors, subcontractors and materialmen, or the workmanship of or materials used by any of them, or (iii) the progress of the Project and its conformity with the Final Construction Documents; and Developer shall rely entirely on its own judgment with respect to such matters and acknowledge that any review, inspection, supervision, approval or information supplied to Developer by Commission in connection with such matters is solely for the protection of Commission and that neither Developer nor any third party is entitled to rely on it; (b) Notwithstanding any other provision of this Agreement: (i) Commission is not a partner, joint venturer, alter -ego, manager, controlling person or other business associate or participant of any kind of Developer and Commission does not intend to ever assume any such status; (ii) Commission shall not be deemed responsible for or a participant in any acts, omissions or decisions of Developer; (c) Except to the extent, if any, expressly set forth in the Final SPP for a Phase as to work to be performed by Commission, Commission shall not be directly or indirectly liable or responsible for any loss or injury of any kind to any person or property resulting from any construction on, or occupancy or use of, the Property whether arising from: (i) any defect in any building, grading, landscaping or other onsite or offsite improvement; (ii) any act or omission of Developer or any of Developer's agents, employees, contractors, licensees or invitees; or (iii) any accident on the Property or any fire or other casualty or hazard thereon not caused by the sole and willful negligence of the lndcmnitees; and (d) By accepting or approving anything required to be performed or given to under this Agreement, including any certificate, financial statement, survey, appraisal or insurance policy, Commission shall not be deemed to have warranted or represented the sufficiency or legal effect of the same, and no such acceptance or approval shall constitute a warranty or representation by Commission to anyone. 21.2 Indemnity. Developer shall indemnify, protect, hold harmless and defend (with counsel reasonably satisfactory to the Executive Director and Commission General Counsel) the Indemnitees from and against any and all losses, costs, claims, expenses, damages (including, without limitation, foreseeable or unforeseeable consequential damages) and liabilities (including, without limitation, reasonable attorneys' fees and court costs) directly or indirectly arising from, related to, or as the result of (a) the death of any person at the Site after Developer takes possession of the Phase applicable thereto, (b) damage, injury or loss to any person at the Site after Developer takes possession of the Phase applicable thereto, (c) damage or injury to any property occurring or resulting directly or indirectly from the use, occupancy or development of the Property by Developer, its agents or invitees pursuant to this Agreement, the activities of Developer or its officers, directors, employees, agents, servants or contractors, or 61 \\cdcnt\datal\users \PBeard\pyatok\Final DDA does\DDA v 6 6 11 s x FINAL FINAL 6-8-1 I.doc from any other cause, except to the extent caused by the Indemnitees' gross negligence or willful misconduct. This indemnity shall survive termination of this Agreement and issuance of the Certificate of Completion for each Phase. Notwithstanding anything in this Agreement, the foregoing shall not apply to and nothing in this Section [21.2] shall affect or excuse the Commission's obligations under this Agreement to remediate hazardous wastes, including without limitation Commission's obligation to remediate pre-existing, historical hazardous materials pursuant to Sections [4.4 (g) and (h)(i) through (iv)]. 21.3 Reimbursement of Commission. Developer shall, within fifteen (15) days after written demand, reimburse Commission for all costs reasonably incurred by Commission (including the reasonable fees and expenses of attorneys, accountants, appraisers and other consultants) in connection with Commission enforcement of the Project Documents and all related matters, including, without limitation, the following: (a) Commission's commencement of, appearance in, or defense of any action or proceeding purporting to affect the rights or obligations of the parties to any Project Document; and (b) all claims, demands, causes of action, liabilities, losses, and other costs against which Commission is indemnified under the Project Documents. Such reimbursement obligations shall bear interest from the date occurring fifteen (15) days after Commission makes written demand to Developer at the rate of ten percent (10%) per annum. Such reimbursement obligations shall survive cancellation of the Commission Subordinate Loan Note, and the release and reconveyance of the Commission Subordinate Loan Deed of Trust. 22. DEFAULTS AND REMEDIES 22.1 Event of Default. Any of the following events or occurrences with respect to either party shall constitute a material breach of this Agreement and, after the expiration of any applicable cure period, shall constitute an "Event of Default" by such party: (a) The failure by either party to pay any amount in full when it is due under this Agreement, if the failure has continued for a period of fifteen (15) days after the party entitled to payment demands in writing that the other party cure that failure. (b) The failure by either party to perform any material obligation under this Agreement, which by its nature such party has no capacity to cure. (c) The failure by either party to perform any other obligation under this Agreement, including, without limitation, the other Project Documents, if the failure has continued for a period of thirty (30) days after demand in writing that such party cure the failure. If, however, by its nature the failure cannot reasonably be cured within thirty (30) days, such party may have such longer period of time as is reasonably necessary to cure the failure, provided, however, that such party commence said cure within said thirty (30)-day period, and thereafter diligently prosecute said cure to completion within one hundred eighty (180) days. Notwithstanding anything to the contrary contained in this Agreement, there shall be no cross -default between Developer's obligations with respect to Phase I under this Agreement and Developer's obligations with respect to Phase II under this Agreement. If Developer shall 62 1lcdcnt\datal\users \PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc commit an Event of Default in any obligation hereunder with respect to a particular Phase, Commission's sole and exclusive right shall be to pursue remedies permitted hereunder with respect to the Event of Default on such Phase, and Commission expressly acknowledges that it has and retains no rights or remedies with respect to any other Phase unless an Event of Default separately occurs with respect thereto. 22.2 No Waiver. Except as otherwise expressly provided in this Agreement, any failure or delay by any party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default, or of any such rights or remedies, or deprive any such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. 22.3 Rights and Remedies are Cumulative. Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by any party of one or more of such rights or remedies shall not preclude the exercise by it, at the same time or different times, of any other rights or remedies for the same default or any other default by another party. 23. NOTICES All notices, consents, demands, approvals and other communications (the "Notices") that are given pursuant to this Agreement shall be in writing to the appropriate party and shall be deemed to have been fully given when delivered, including delivery by commercial delivery service, or if deposited in the United States mail, certified or registered, postage prepaid, when received or refused. All Notices shall be addressed as follows: If to Developer: and to: If to Commission: Paradise Creek Housing Partners, L.P. c/o The Related Companies of California 18201 Von Karman Avenue, Suite 900 Irvine, California 92612 Community HousingWorks 4305 University Avenue, Suite 550 San Diego, California 92105 Community Development Commission of the City of National City 1243 National City Blvd. National City, California 91950 Attn: Executive Director Addresses for notice may be changed from time to time by notice to all other parties. Notwithstanding that Notices shall be deemed given when delivered, the nonreceipt of any Notice as the result of a change of address of which the sending party was not notified shall be deemed receipt of such Notice. 63 \\edent\data)\userswileard\pyatok\Final DDA does\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc 24 PROJECT SIGN Developer agrees to construct, erect and maintain upon the Property during the course of construction a sign that identifies the Project as a Commission -assisted activity. The design, content and dimensions of such signs shall be subject to the prior approval of the Executive Director, which approval shall not be unreasonably withheld or delayed. 25. ASSIGNMENT Except as otherwise expressly provided to the contrary in this Agreement, Developer shall not assign any of its rights or delegate any of its duties under this Agreement without the prior written consent of Commission, which consent may be withheld in its sole and absolute discretion. Any such assignment or delegation without such consent shall, at Commission's option, be void. Notwithstanding the foregoing, Developer, prior to Close of Escrow for Phase I and without the prior consent of Commission, may, subject to the condition set forth immediately below, assign all of its right, title and interest hereunder with respect to Phase II to a Limited partnership in which affiliates of The Related Companies of California, LLC, and Community HousingWorks act as general partners (the "Phase II Developer"). The effectiveness of such assignment shall be subject to the condition that the original Developer and the Phase II Developer deliver to Commission, in form and substance reasonably acceptable to the Executive Director, the assignment in writing, including assumption by the Phase II Developer of all of the duties and obligations of the original Developer under this Agreement with respect to Phase II. From and after the occurrence of such assignment by original Developer hereunder, (a) the original Developer hereunder shall only be obligated under this Agreement with respect to Phase 1, and shall have no obligation, past or present, with respect to Phase II and shall be released and forever discharged from any obligation, past or present, with respect to Phase II, and (b) the Phase II Developer hereunder shall only be obligated under this Agreement with respect to Phase II, and shall have no obligation, past or present, with respect to Phase I and shall be released and forever discharged from any obligation, past or present, with respect to Phase I. 26. ADMINISTRATION Following approval of this Agreement by Commission, this Agreement shall be administered and executed on behalf of Commission by the Executive Director. The Executive Director shall have the authority to issue interpretations, waive terms and conditions, and enter into amendments of this Agreement (including, without limitation, to the Schedule of Performance) on behalf of Commission provided that such actions do not substantially change the uses or development permitted of the Property or materially add to the costs of Commission provided herein. All other waivers or amendments shall require the formal consent of Commission. 27. MISCELLANEOUS 64 \\cdcnt\datal\usersll'Beard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc 27.1 Counterparts. This Agreement may be executed in counterparts, all of which, taken together, shall be deemed to be one and the same document. 27.2 Prior Agreements; Amendments; Consents. This Agreement contains the entire agreement between Commission and Developer with respect to the Property, and all prior negotiations, understandings and agreements are superseded by this Agreement. No modification of this Agreement (including waivers of rights and conditions) shall be effective unless in writing and signed by the party against whom enforcement of such modification is sought, and then only in the specific instance and for the specific purpose given. 27.3 Governing Law. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California. Assuming proper service of process, Developer and Commission waive any objection regarding personal or in rem jurisdiction and agree that venue shall be proper in the County of San Diego, California. 27.4 Severability of Provisions. No provision of this Agreement that is held to be unenforceable or invalid shall affect the remaining provisions, and to this end all provisions of this Agreement are hereby declared to be severable. 27.5 Headings. Article and section headings are included in this Agreement for convenience of reference only and shall not be used in construing this Agreement. 27.6 Time of the Essence. Time is of the essence of this Agreement. 27.7 Conflict of Interest. No member, official or employee of Commission shall have any direct or indirect interest in this Agreement, nor participate in any decision relating to this Agreement which is prohibited by law. 27.8 Warranty Against Payment of Consideration. Developer warrants that it has not paid or given, and will not pay or give, any third person any money or other consideration for obtaining this Agreement. 27.9 Nonliability of Commission Officials and Employees. No member, official or employee of Commission shall be personally liable to Developer, or any successor in interest, in the event of any default or breach by Commission or for any amount which may become due to Developer or successor, or on any obligation under the terms of this Agreement. 65 \\cdcnt\datal\userslPSeard\pyatok\Final DDA does\DDA v 6 6 11 s x FINAL FINAL 6-8-I I.doc 27.10 Submission of Documents and Other Matters for Approval. Whenever this Agreement requires either party to submit plans, drawings, documents or other matters to the other party for approval, and there is no time specified herein for such approval, the submitting party may submit a letter requiring approval or rejection by the other party of the documents or matter submitted within thirty (30) days after submission, and unless rejected within the stated time such documents or matter shall be deemed approved. Except where such approval is expressly reserved to the sole discretion of,the approving party, or requires the discretion of the Commission, all approvals required hereunder by either party shall be reasonable and not unreasonably withheld or delayed. Developer expressly acknowledges and agrees that inasmuch as City is not a party to this Agreement, neither this Section, nor any other term or condition of this Agreement is applicable to or binding on City. 27.11 Force Majeure. In addition to specific provisions of this Agreement, performance by either party hereunder shall not be deemed to be in default where delays or defaults are due to war; insurrection; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God or other deities; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; litigation beyond the reasonable control of a party and pursuant to which performance under this Agreement is enjoined; unusually severe weather; inability, despite best efforts, to secure necessary labor, materials or tools; delays of any contractor, subcontractor or supplier beyond the reasonable control of a party; acts of the other party; acts or the failure to act of any public or governmental entity (except that acts or the failure to act of Commission shall not excuse performance by Commission); or any other acts or causes beyond the reasonable control of the party claiming an extension of time to perform. An extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within thirty (30) days of the commencement of the cause. Force Majeure shall serve also to extend the time by which any condition, for the benefit of either party, shall be satisfied under this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date set forth above. 66 \\cdcnt\dataI\users \PBeard\pyatokl inal DD.A doe s\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc "Developer" PARADISE CREEK IIOUSING PARTNERS, L.P., a California limited partnership By: RELATED/PARADISE CREEK DEVELOPMENT CO., LLC, a California limited liability company, its Administrative General Partner By: Frank Cardone, Vice President By: CHW PARADISE CREEK DEVELOPMENT CO., LLC, a California limited liability company, its Managing General Partner By: COMMUNITY HOUSING WORKS, a California nonprofit public benefit corporation, its Managing Member [Signatures Continue Next Page] 67 C:\Data\LEG\NC-372.TOD Project \DDA.v.6.6.11s.x.doc By: Anne B. Wilson Senior Vice President "Developer" PARADISE CREEK HOUSING PARTNERS, L.P., a California limited partnership By: RELATED/PARADISE CREEK DEVELOPMENT CO., LLC, a California limited liability company, its Administrative General Partner By: Frank Cardone, Vice President By: CHW PARADISE CREEK DEVELOPMENT CO., LLC, a California limited liability company, its Managing General Partner By: COMMUNITY HOUSING WORKS, a California nonprofit public benefit corporation, its Managing Member Senior Vice President [Signatures Continue Next Page) 67 S:\TRC-DEV\Projects1PROSPEC INafional City Public Works Center\DDA1EXECI TED DOCUMENTStELECTRONTC VERSION OF FILES\DDA v 6 611 s x.doc "Commission" COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a public body, corporate and politic By: APPROVED AS TO FORM: LA W OFFICES OF LANCE E. GARBER, Commission Special Counsel By/ Lance E. Garber 68 C'dDalaA lGA NC' -372:IonProjectADDA.v.6.6.II.s.x.doc , Chairman "Commission" COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a public body, corporate and politic By: APPROVED AS TO FORM: LAW OI-1-10ES OF LANCE E. GARBER, Commission Special Counsel By: Lance E. Garber , Chairman 68 \\cdcnt\datal\users\PBcard\pyatok\Final DDA docs\DDA v 6 6 II s x FINAL FINAL 6-8-1 1.doc LIST OF EXHIBITS EXHIBIT DESCRIPTION - Site Map "A-1" - Legal Description of Public Works Yard Legal Description of Illes Trust Property - Conceptual Development Program - Proposition IC Financial Assistance - Schedule of Performance Phase I Predevelopment Plan and Budget - Scope of Development Preliminary Project Budget for Phase I "H" - Preliminary Project Budget for Phase II "1" - Form of Ground Lease - Form of Commission Subordinate Loan Note - Form of Commission Subordinate Loan Deed of Trust Form of Completion Guaranty "M" - Form of Assignment of Plans and Architect's Contract - List of Environmental Reports - Form of Disbursement Request Preliminary Phase 11 Predevelopment Plan and Budget "Q" Draft Redevelopment Plan Amendment HOME Program Requirements 69 \\cdcnt\datal\nsers\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11 clue EXHIBIT "A" SITE MAP EXHIBIT "A" \\cdcnt\data1\users\PBeard\pyatok\Finai DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc EXHIBIT "A-1" LEGAL DESCRIPTION OF PUBLIC WORKS YARD LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of San Diego, and described as follows: Lots 7 to 16 inclusive of Block 85 of National City, in the City of National City, County of San Diego, State of California according to map thereof no. 348 filed in the Office of the County Recorder of San Diego County October 2,1882, excepting therefrom that portion of land as set forth in that certain Corporation Grant Deed recorded November 20,1964 as file no. 211364 of Official Records. In addition, that portion of Coolidge Avenue between 20th Street and 22 Street, and 21 st Street between Harding Avenue and Hoover Avenue as set forth in that certain Order of Vacation (Resolution No. 8338 of the City Council of the City of National City) recorded April 8, 1963 as file no. 59590 of Official Records; And those portions of the -Unnamed Alley lying within Block 85 of said map no. 348 as set forth in the certain Order of Vacation (Resolution No. 9816 of the City Council of the City of National City) recorded May 12, 1969 as file no. 82961 of Official Records. (End of Legal Description) EXHIBIT "A-1 " Page 1 of 3 \\cdcnt\datal\users\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc LEGAL DESCR.P'ION The land referred to herein is situated in the State of California, County of San Diego, and described as follows: Lots 1 to 22 inclusive of Block 86 of National City, in the City of National City, County of San Diego, State of California according to map thereof no. 348 filed in the Office of the County Recorder of San Diego County October 2,1882. In addition, that portion of Coolidge Avenue between 20th Street and 22nd Street, and 21st Street between Harding Avenue and Hoover Avenue as set forth in that certain Order of Vacation (Resolution No. 8338 of the City Council of the City of National City) recorded April 8,1963 as file no. 59590 of Official Records; And the Unnamed Alley lying within Block 86 of said map no. 348 as set forth in the certain Order of Vacation (Resolution No. 9816 of the City Council of the City of National City) recorded May 12, 1969 as file no. 82961 of Official Records (End of Legal Description) EXHIBIT "A-1" Page 2 of 3 1\cdcnt\dataI\users\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11 doc LEGAL DESCRIPTION The land referred to herein is situated hi the State of California, County of San Diego, and described as follows: Lots 1 to 22 inclusive of Block 107; and Lots 1 to 22 inclusive of Block 108 of National City, in the City of National City, County of San Diego, State of California according to map thereof no. 348 filed in the Office of the County Recorder of San Diego County October 2, 1882; Together with that portion of Coolidge Avenue between 20th Street and 22n4 Street, and 21St Street between Harding Avenue and Hoover Avenue as set forth in that certain Order of Vacation (Resolution No. 8338 of the City Council of the City of National City) recorded April 8,1963 as file no. 59590 of Official Records; And those portions of the Unnamed Alley lying within Blocks 107 and 108 of said map no. 348 as set forth in the certain Order of Vacation (Resolution No. 9816 of the City Council of the City of National City) recorded May 12,1969 as file no. 82961 of Official Records (End of Legal Description) EXHIBIT "A-1" Page 3 of 3 \\cdcnt\dataI\users \PBeard\pyatok\Final DDA does\DDA v 6 6 11 s x FINAL FINAL 6-8-1 I doc EXIBIT "A-2" LEGAL DESCRIPTION OF ILLES TRUST PROPERTY LEGAL DESCRIPTION The land referred to herein is situated In the State of Callfornia, County of San Diego, City of National City, and described as follows: PARCEL 1: BLOCK 84 AND THAT PORTION OF BLOCK 85 IN NATIONAL CITY, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 348, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, OCTOBER 2,1882, TOGETHER WITH PORTIONS OF 20TH STREET, LYING BETWEEN SAID BLOCKS 84 AND 85 AND OF COOLIDGE AVENUE ADJOINING SAID BLOCKS ON THE SOUTHWEST AS SAID STREET AND AVENUE ARE CLOSED AND VACATED TO PUBLIC USE, ALL LYING NORTHWESTERLY OF A LINE DRAWN PARALLEL EL WITH AND 130 FEET NORTHWESTERLY OF THE CENTERLINE OF 21ST STREET ADJOINING SAID BLOCK 85 OF THE SOUTHEAST. EXCEPTING THEREFROM THE ABOVE DESCRIBED PARCEL OF LAND ALL THAT PORTION LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT APOINT ON THE NORTHWESTERLYLINE OF BLOCK 151 OF SAID MAP 348, DISTANT THEREON 200 FEET NORTHEASTERLY FROM THE MOST WESTERLY CORNER OF LOT 1 IN SAID BLOCK 151; THENCE NORTHERLY IN A STRAIGHT LINE TO THE MOST WESTERLY CORNER. OF LOT 1 INBLOC K45 OP SAID MAP 348_ ALSO EXCEPTING FROM THE ABOVE DESCRIBED PARCEL OF LAND, ALL THAT PORTION LYING SOUTHERLY OF A LINE PARALLEL WITH TINE SOUTHERLY LINE OP SAID FARO AND 214.00 FEET NORTHERLY OP SAID SOUTHERLY LINE AS MEASURED ALONG THE EASTERLY LINE OF SAID PARCEL PARCE., 2: BLOCK 85 IN NATIONAL CITY, IN THE C1TY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 348, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON OCTOBER 2,1882; TOGETHER WITH PORTIONS OF 20T1I STREET LYING NORTHWESTERLY OF SAID BLOCK 85, ANI) OF COOLIDGE AVENUE ADJOINING SAID BLOCK ON TILE SOUTHWEST AS SAID STRE1r' AND AVENUE ARE CLOSED AND VACATED TO PUBIC USE, ALL LYING NORTHWESTERLY OF A LINE DRAWN PARALLEL WITH AND 130.00 FEET NORTHWESTERLY OF THE CENTERLINE OF 21ST STREET ADJOINING SAID BLOCK 85 ON THE SOUTHEAST_ EXCEPTING FROM THE ABOVE DESCRIBED PARCEL OF LAND ALL THAT PORTION LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE NORTHWESTERLY LINE OF BLOCK 151 OF SAID MAP 348, DISTANT THEREON 200 FRET NORTHEASTERLY FROM THE MOST WESTERLY CORNER OF LOT 1 IN SAID BLOCK 151; THENCE NORTHERLY IN A STRAIGHT I1NE TO TIIB MOST WESTERLY CORNER OF LOT 2 IN BLOCK 45 OF SAID MAP.348. EXHIBIT "A-2" Page 1 of 2 \\cdcnt\datal\users\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc ALSO EXCEPTING FROM TJIE ABOVE DESCRIBED PARCEL OF LAND, ALL THAT PORTION LYING NORTHERLY OF A LINE PARALLEL WITH AND SOLTMEfLY LINE OF SAID PARCEL AND 2I4.00 FEET NORTHERLY OF SAID SOUTHERLY LINE AS CURED ALONG THE EASTERLY LINE OF SAID PARCEL. (End of Legal Description) EXHIBIT "A-2" Page 2 of 2 1\cdcntldatalluser \PBcardlpyatokkFinat DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-1 I .doc EXHIBIT "B" CONCEPTUAL DEVELOPMENT PROGRAM EXI-IIBIT "B„ Page 1 of 2 \\cdcnt\datal\users\PBeard\pyatok\Final DDA docs\DDA v 6 6 II s x FINAL FINAL 6-R-1 I.doc CONCEPTUAL PARADISE CREEK HOUSING STUDY NATIONAL CITY, CALIFORNIA ant THE RELATER COMPANIES OF CALIFORNIA .iAwT1�_M 1'✓v'✓ YOTMpe✓ arft 1n Iln.a'Mw. NM1IM.. �� �.W �iwl�i.iWa✓an 1JTe 3 a oL d Y.IWMN�....✓✓ .urb.�! liEF t�WW.✓✓Y M M.Y �axwv are a ..n.W.Y.-a.✓ ia'rxdusow:FRS +Mn. dN.YaoO weioweas +Wm.. .1rF • nKam P • .rracnYl :.lni ileYyay"✓✓'Nflf Yp.n.�rWYN 7 •`mo' w "Or` Pre 4.c. rv.S ,oyrnaT iea J� 0,Krm7oka ....r'irrm wtwwry.a+-er'acrax Yrrfrooryao. +wa7)17 7r? Wvrp J rfArinAtar L. 1tl3111.6, '+YWV. M/lk lYAtx'.y Ye4 'Aw/7yori,yAof• EXHIBIT "C" PROPOSITION 1C FINANCIAL ASSISTANCE STATF OF CAI IFORNIA- RI ISINFSC, IF3ANSPORTATION AND FINIS C. AGENCY DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF FINANCIAL ASSISTANCE 1800 Third Street, Sidle 390 Sacramento, CA 95811 (916) 322-1560 FAX (916) 327-6660 May 20, 2010 William Witte, President The Related Companies of California, LLC 18201 Von Karman Avenue, Suite 900 Irvine, CA 92612 Sue Reynolds, President Community HousingWorks 4305 University Avenue, Suite 550 San Diego, CA 92105 RE: National City Westside Infill TOD Buildings Contract No. 09-IIG-6009 Dear Mr. Witte and Ms_ Reynolds: Arnold Srhwanenenner On . I am pleased to inform you that the Department of Housing and Community Development (Department) has awarded a grant from the Infill Infrastructure Grant Program (IIG) to The Related Companies of California, LLC and Community HousingWorks. This letter constitutes a notice of conditional award of IIG Program funds in the amount of $11,238,516 for National City Westside Infll! TOD Buildings project in the city of National City, San Diego County. This notice of conditional award letter amends the Award Letter dated July 1, 2009 to delete in its entirety the "Conditions Related to Availability of Funds". All other conditions remain in effect. This commitment is conditioned on compliance with the requirements of all applicable statutes and guidelines of the IIG Program, as well as any project agreements stipulated in the commitment letter and contract documents, which will be forwarded to the awardees. Please note that the Department does not have authority to disburse any funds until all required agreements are fully executed. The mission of the Department is to preserve and expand safe and affordable housing opportunities and promote strong communities for all Californians. The IIG Program provides grants for infrastructure costs related to high density inflll housing and mixed use development. Awards are being widely distributed throughout the State. EXHIBIT "C" Page 1 of 4 \\cdcnt\datallusers\PBcard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11 .doc William Witte Sue Reynolds Page 2 of 3 We look forward to working with you on this project. If you have any questions, please contact Nadine Ford, Infrastructure and Rental Housing Branch Chief at (916) 327-3942. Sincerely, Chris Westlake Deputy Director EXHIBIT "C" Page 2 of 4 \\cdcnt\datal\users\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 64-1 I. loc William Witte Sue Reynolds Page 3 of 3 ACCEPTANCE OF CONDITIONAL AWARD The conditions of this award may differ from those contemplated at the time of application. To indicate acknowledgement and acceptance of this Conditional Award, an authorized representative of the Awardee must sign and date where indicated below. Please send a facsimile or pdf email of the executed Acceptance to the attention of Patricia Jones, Office Technician. • Facsimile — (916) 445-0117 • Email pjones@hcd.ca.gov Please retum the executed original to the address in the letterhead of the Conditional Award no later than 14 days from the date of this letter. THE FOREGOING CONDITIONAL AWARD IS ACKNOWLEDGED AND ACCEPTED. <,1 Authorized Signatory, Title (per resolution) 6.. 'f-to Date Authorized Signatory, Title (per resolution) Date National City Westside Infill TOD Buildings Contract No. 09-IIG-6009 EXHIBIT "C" Page 3 of 4 \\cdcnt\datal\users\PBeardlpyatok\Final DDA docs'DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc William Witte Sue Reynolds Page 3 of 3 ACCEPTANCE OF CONDITIONAL AWARD The conditions of this award may differ from those contemplated at the time of application. To indicate acknowledgement and acceptance of this Conditional Award, an authorized representative of the Awardee must sign and date where indicated below. Please send a facsimile or pdf email of the executed Acceptance to the attention of Patricia Jones, Office Technician. • Facsimile — (916) 445-0117 • Email pjones©hcd.ca.gov Please return the executed original to the address in the letterhead of the Conditional Award no later than 14 days from the date of this letter. THE FOREGOING CONDITIONAL AWARD IS ACKNOWLEDGED AND ACCEPTED. PP, 1-g-zoto orized Signatory, Title per resolution J)k13131T`( t(.1 KS Date v. Authorized Signatory, Title (per resolution) National City Westside Infill TOD Buildings Contract No. 09-11G-6009 EXHIBIT "C" Page 4 of 4 \ cdcnt\datal\users\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc Date EXHIBIT "D" SCHEDULE OF PERFORMANCE FOR PHASE I Responsible Party/Milestone Time for Performance 1. Commission / Submission of Not later than 30 days after the Effective Date._ Preliminary PMP and Preliminary SPP. Per Section [4.4], Commission shall submit to the Developer the Preliminary PMP and Preliminary SPP. 2. Developer / Response to Preliminary Not later than 20 Business Days after receipt of PMP and SPP. Per Section [4.4], Developer Commission's Preliminary PMP and shall approve, conditionally approve, or Preliminary SPP. disapprove the Commission's Preliminary PMP and Preliminary SPP. 3. Developer / Due Diligence Period. Not later than [120] days after the Effective Per Section [4.1], Developer shall deliver Date. notice to Commission to approve, conditionally approve, or disapprove of the physical and environmental condition of the Site. 4. Developer / Submit Application for Not later than [240] days after the Effective Land Use Entitlements. Per Section 5.1, Date. Developer shall submit an application to City for the Land Use Entitlements. 5. Commission / Submission of Draft As soon as the parties agree on the Draft PMP, PMP to DTSC. Per Section [4.4], but not later than [315] days after the Effective Commission shall submit the Draft PMP to Date. DTSC for approval. 6. DTSC Approval of Final PMP. Per Not later than [390] days after the Effective Section [4.4], DTSC approval of the Final Date. PMP shall be obtained and a copy thereof delivered to Developer 7. Developer / Commission Agreement Not later than [20] days after DTSC approval on Final SPP. Per Section [4.4], Developer of the Final PMP. and Commission shall agree on the Final SPP for Phase I. EXHIBIT "D'. Page 1 of 5 1\cdcnt\lata 1\users\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-5-11.doc 8. Secure Land Use Entitlements. Date by which the Land Use Entitlements shall have been secured (per Section [5.1]) or the rights set forth in Sections [5.2 and 5.3] become effective (subject to their terms). 9. Developer / Prepare and Submit Proposed Map to City. Per Section [6.1], Developer shall prepare and submit the Proposed Map to City for approval. 10. Secure Acceptable Parcel Map. Date by which a parcel map reasonably acceptable to Developer shall have been secured (per Section [6.11) or the rights set forth in Sections [6.1.1 and 6.1.2] become effective (subject to their terms). 11. City / Street Vacations. Per Section [6.2], City Council approval of vacation of such public right-of-way as required by the Parcel Map shall have occurred. 12. Developer / Submission of Phase I Design Development Documents. Per Section [8.3], Developer shall submit the Design Development Documents to the Executive Director for approval. 13. Executive Director / Phase I Design Development Documents. Per Section [8.3], the Executive Director shall approve, conditionally approve or disapprove the Design Development Documents submitted by Developer. 14. Approval of Plans, Drawings, Etc. Developer shall have secured all of the approvals required under Article [8]. 15. Commission / Completion of Commission's Portion of Final SPP for Phase I. Per the Final SPP for Phase I, the Commission shall have completed the Commission's portion of the work under the Final SPP for Phase I. Not later than [390] days after the Effective Date. As soon as the Land Use Entitlement process reasonably permits. Not later than [180] days after Developer submits the Proposed Map to City for approval. Not later than reasonably necessary to permit the Parcel Map to record in time to permit the Close of Escrow for Phase I to occur at the earliest reasonable opportunity. Not later than reasonably necessary to permit the Close of Escrow for Phase I to occur at the earliest reasonable opportunity. Not later than [14] days after Developer submission of the Design Development Documents to the Executive Director. Not later than reasonably necessary to permit the Close of Escrow for Phase I to occur at the earliest reasonable opportunity. After (a) DTSC approval of the Final PMP for Phase I, and (b) execution of the Final SPP for Phase I and on a schedule reasonably calculated to permit all of the conditions set forth in Sections [11.4] and [11.6] to be satisfied in time to permit the Close of Escrow EXHIBIT "D" Page 2of5 \\cdcnt\datal\uscrs\PBcard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc 16. Developer / Submission of Phase I Construction Documents for Building Permits. Per Section [8.6], Developer shall submit the Phase I Construction Documents to City for Building Permits. 17. Developer / Application to CDLAC for Allocation. Per Section [9.6], Developer shall make an application to CDLAC for the Tax -Exempt Bonds for Phase I. 18. Developer / Secure Phase I Financing. Date by which the Phase I Financing shall have been secured (per Section [9.61) or the rights set forth in Sections [9.7 and 9.8] become effective (subject to their terms). 19. Developer / Satisfaction of Conditions to Close of Escrow. Date by which the conditions set forth in Section [11.4] shall have been satisfied or the rights set forth in Sections [11.7 and 11.8] become effective (subject to their terms). for Phase I to occur at the earliest reasonable opportunity, but not later than December 31, 2014. Commission and Developer hereby agree that the Final SPP for each Phase shall contain a refined schedule for performance of the work required thereunder. On a schedule reasonably calculated to permit such Building Permits to issue in time to permit the Close of Escrow for Phase I at the earliest reasonable opportunity. As soon as Developer and the Executive Director reasonably agree that all of the conditions set forth in Sections [11.4] and [11.6] can and will be satisfied in time to permit the Close of Escrow for Phase I to occur within the time permitted by CDLAC to issue the Tax -Exempt Bonds for Phase I. That notwithstanding, such application shall be made not later than in time to permit Close of Escrow for Phase I to occur not later than December 31, 2014. As soon as reasonably possible after an allocation from CDLAC for the issuance of the Tax -Exempt Bonds for Phase I in order to permit Close of Escrow for Phase I to occur within the time permitted by CDLAC to issue such Tax -Exempt Bonds. That notwithstanding, Developer shall secure the Phase I Financing not later than in time to permit Close of Escrow for Phase I to occur not later than December 31, 2014. As soon as reasonably possible after an allocation from CDLAC for the issuance of the Tax -Exempt Bonds for Phase I in order to permit Close of Escrow for Phase I to occur within the time permitted by CDLAC to issue such Tax -Exempt Bonds. That notwithstanding, Developer shall cause such conditions to be satisfied not later than in time to permit Close of Escrow for Phase I to occur not later than December 31, 2014. EXHIBIT "D" Page 3 of 5 llcdcut\dalallusers\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc 20. Developer / Submit Phase I Construction Bidding and Contracts. Developer shall comply with the requirements of Section [8.5] by submitting certain construction bid information and materials to the Executive Director for approval. 21. Executive Director / Approval of Phase I Construction Bidding and Contracts. The Executive Director shall approve, conditionally approve, or disapprove the information and materials submitted by Developer pursuant to No. 20, immediately above. 22. Close of Escrow for Phase I. The Escrow for Phase I shall close. 23. Developer / Complete Construction of Phase I Improvements. Developer shall complete construction of the Phase I Improvements. As soon as reasonably possible after an allocation from CDLAC for the issuance of the Tax -Exempt Bonds for Phase I in order to permit Close of Escrow for Phase I to occur within the time permitted by CDLAC to issue such Tax -Exempt Bonds. That notwithstanding, Developer shall cause such submission to occur not later than in time to permit Close of Escrow for Phase I to occur not later than December 31, 2014. Not later than 5 Business Days after receipt. Promptly upon satisfaction of the conditions set forth in Sections [11.4] and [11.6], but in no event later than December 31, 2014. Not later than the earlier of: (a) [720] days after Close of Escrow for Phase I or (b) the time required to satisfy the requirements of the Proposition 1C Financial Assistance. Pursuant to Section [7.6] of the Ground Lease for Phase I, the Executive Director may, at his sole and absolute discretion, grant one or more extensions of the date by which such construction must be completed of, in the aggregate, not more than ninety (90) days. If Developer fails to satisfy any obligation by the deadline set forth above, Developer shall not be in default under this Agreement unless Developer has first been given written notice of such failure and an opportunity to cure pursuant to Section [22.1(c)]. Any cure by Developer within the period set forth by Section [22.1(c)] shall constitute a full and complete cure of the failure, notwithstanding the fact that the deadline established herein was not first met by Developer. Additionally, if, pursuant to the Agreement, a party has an express right to terminate the Agreement provided that it is not then in material default under the Agreement, but such party is not then in compliance with this Schedule of Performance with respect to the basis for such right of termination, such non-compliance shall neither constitute a material default under this EXHIBIT "D" Page 4 of 5 lledcn6datallusers1PBeard1pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-1 Ldoc Agreement, nor shall it be deemed, construed or interpreted in any way so as to deprive such party of such right to terminate. SCHEDULE OF PERFORMANCE FOR PHASE II If and when Commission gives Developer the Phase II Notice pursuant to Article 15 of the Agreement, Commission and Developer shall promptly negotiate, in good faith, a Schedule of Performance for Phase II generally based on the Schedule of Performance for Phase I; provided, however, such Schedule of Performance for Phase 11 shall require the Close of Escrow for Phase II to occur not later than December 31, 2015. EXHIBIT "D" Page 5 of 5 \\cdcnt\datal\users\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8- 11.doc EXHIBIT "E" PHASE I PREDEVELOPMENT PLAN AND BUDGET PHASE 1 FRDEVELOPMENT PLAN Alist BFIDGET Pre -Land the Erditlment Ptmad Budget Post -Land Use Entitlem ent Total Phase I Po...J at Plat and Budget Plat and Budget Ancestectu a and Ergn eying 5052.500 S1,118,000 nl 52.070 r..+BO Pewits and Fees S75D00 $125.000 $200,0011 G&A! Legs $51.510 S10,1100 5101.500 Cmnsiutim Costs (Aloha ce) $0 51250.803 gt $1250.108 CLYAC & TGcC Fees $0 3110100 $119,000 TOTAL $1,099,000 $2652.600 0.741.600 (1) These funds MI rot be spent aria Tan reascaliy rswccZy b pan* a flit AC appiea0m ad Close of Esacw b wow at the eeriest, '2) Requires normative tive bidbng. EXHIBIT "E" Page 1 of 1 \\cdcnt\datal\users\PBcatd\pyatok\Final DDA docs\DDA v 6 6 II s x FINAL FINAL 6-8-11.doc EXHIBIT "F" SCOPE OF DEVELOPMENT The development shall consist of a two phase 201-unit affordable housing community on approximately 12.75 acres in the City of National City. The property shall be developed in two phases, Phase I consisting of 109-units and Phase II consisting of 92-units. The property is bordered by residential and light industrial/commercial to the west, residential and Kimball Elementary School to the north, and light industrial/commercial to the east and south. The existing Paradise Creek intersects the site and generally runs from the northeast comer to southwest corner of the site. The recreational facility for Phase I shall include a community building, office areas, multi- purpose room and miscellaneous other uses. Laundry facilities will be included within the Phase I site. Outdoor amenities for Phase I may include barbeque pits, a tot lot and a swimming pool. The recreational facility for Phase II shall include a community room, office areas and miscellaneous other uses. Laundry facilities will be included within the Phase II site. Phase II shall have access to the recreational facilities and outdoor amenities located in Phase I. The development of the Project shall include the improvement of the Paradise Creek Parcel and expansion of the Paradise Creek Educational Park. The development of the Project shall also include enhanced streetscape along 22" street connecting the development to the existing 24th Street Trolley Station located at 22°d Street and Wilson Avenue. EXHIBIT "F" Page 1 of 1 \\cdcnt\datal\users\PBeard\pyatok\Final DDA does\DDA v 6 6 11 s x FINAL FINAL 6-8-1 Ldoe EXHIBIT "G" PROJECT SUMMARY National City - Phase I - Bdgs 1d2&3 - Final DDA Proforma Development Proforma 3A Related Companies of Caifornia Printed on 6/7/11 at 1:45 PM Project Data Project Type County Total units Parking Spaces Land Area Net Residential Area Operating Economic Assumptions Residential Vacancy Rate Retail Vacancy Rate Income Inflator Expense Inflator GPI Stabilised Cash Flow Gross Scheduled Rent Laundry Income Other Income Vacancy & Collection Retail Income Retail Vacancy Effective Gross Income Operating Expenses Net Operating income Family San Diego 109 183 146 Acres 102,520 SF 5.0% 10.0% 2.5% 3.5% 3.0% Year 1 S959,868 7,848 0 5.otr (48,386) 0 @ 10.00% 0 919,330 (645,056) 274,274 Basis Calculdo sus Total Eligible Basis Adjusted Threshold Basis Limit Total Eligible Basis as a % of Threshold Basis Limit Permanent Sources Tax Credit Equity Permanent Financing Manche A) Commission Subodioate Loan for Phase I t2tW Third Trust bead Lean for Phase I (City Grant) Proposition IC Financial Assistance (Pro-rata) Sources and Uses S37,694,764 567,087,838 56.19% Amount Debt Service 14,508,783 rein 82,781,500 S210,972 S6.000,000 n/a 14,957,000 des 4,663,682 n/a Total 542,910,964 S210,972 Total Permanent Sources Total Development Cost the/(Under) S42,910,964 42,910,964 S0 EXHIBIT "G" Page 1 of 6 llcdcntkdata 1\users \PEeard\pyatuk\Final DDA docs\ODA v 6 6 11 s x FINAL FINAL 6-8-11.doc UNIT DISTRIBUTION National City- "hose 1- 11dgs 1&2&3 - Final DDA Proferma Devekpment ?rofoma 1A Related Compasees otCdifornia Printed on 6/7/11 at 1:45 PM Total Number Income Crass Udliry Net Net Rent Monthly Anew) Square Of Units Category SF Rent Allowance Rest Per SgFt Rent Rem Unit % Footage Studio 1 Bedroom 2 Bedrooms 3 Bedroom, 4 Bedrooms O 30%TC 0 O 35%TC 0 O 40%TC 0 O 45%TC 0 0 50%TC 0 0 60%TC 0 0 Medea 0 0 Manager 0 0 ,a■■■■„ 3 30%TC FLAT 615 $441 0 35% TC 615 S0 5 40% TC FLAT 615 $589 0 45%TC 615 $0 13 50%TC FLAT 615 S736 3 50%TC AND RDA FLAT 615 $736 O Market 615 $0 O Manage 615 S0 24 s£22|§2§ 0 m/a 0 a/a O a/a 0 Ida 0, der 0 n/a 0 a/a O afa V8888818 SO So SD 30 S0 50 50 S0 »2;; M 0 0 0 0 0 0 0 0 $53 5388 S0.63 31,164 313,968 3% 1,845 353 0 der SO S0 0% 0 S53 3536 $0.87 32,680 $32,160 5% 3,075 $53 0 via S0 S0 0% 0 353 3683 S1,11 38,879 $106,548 12% 7,995 353 $683 31.11 $2,049 $24,588 3% 1,845 SO 0 nh SO SO 0% 0 S0 0 oht S0 SD 0% 0 3 30%TC FIAT 825 $530 $69 S461 S0,56 $1,383 $16,596 3% 2,473 2 30% TC TH 940 5530 569 5461 50.49 S922 31I,064 2% 1,880 5 40%TC FIAT 825 $707 569 $638 50.71 S3,I90 S38,280 5% 4,125 5 40%TCTH 940 S/07 569 $638 S0.68 $3,190 338,280 5% 4,700 12 50%TC FIAT 825 S883 569 8634 $099 59,768 S117,216 II% 9,900 12 50%TCTH 940 $883 $69 $814 $0.87 $9,768 $117,216 1196 11,280 4 50%TC AND RDA FLAT 825 $849 569 S780 S095 $3,120 $37,440 4% 3,300 5 5095TC AND RDA T11 940 5849 $69 $780 $0.83 S3,900 146,800 5% 4,700 0 - Market 825 S0 50 0 eta S0 30 0% 0 1 Manager 940 SO m 0 der 30 SO 156 940 49 4 30%TCTH 1,235 3612 0 35%TC 1,235 S0 8 40%TCTH 1,235 5816 0 45%TC 1,235 SO 18 50%TCTH 1,235 $1,020 6 50%TC AND RDA TH 1,235 $944 O M d t 1,235 SO O Manager 1,235 SD 36 O 30%TC 0 O 35%TC 0 O 40%TC 0 O 45%TC 0 O 50%TC 0 O 60% TC 0 0 Anita 0 0 Manager 0 0 Unit Distribution Summary ,■,#,,,a 884 5528 $0.43 52,112 S25,344 4% 4,940 $84 0 n/a 30 S0 0% 0 $84 $732 80.59 S5,856 $70,272 796 9,880 S84 0 der S0 S0 0% 0 $84 S936 $0.76 $16,448 $202,176 17% 22,230 S84 5860 S0.70 35,160 $61,920 6% 7,410 S0 0 silo SO S0 0% 0 S0 0 eV' S0 S0 0% 0 $107 0 der S107 0 da $107 0 der S107 0 der S107 0 da $107 0 Ma S0 0 der S0 0 der ntvgrusu S0 0% 0 $0 0% 0 SO 056 0 S0 0% 0 30 0% 0 SO 0% 0 S0 0% 0 S0 0% 0 Summary Income Units Total % Link She Units Total % Taal SF , 102,520 30%TC 12 11% Studio 0 096 Avg. Unit SF 941 35% TC 0 054. 1 Bedroom 24 2256 Monthly Ruff $79989 40% TC 23 21% 2 Bedroom 49 45% Amend Rent S959,868 45% TC 0 0% 3 Bedrooms 36 33% Avg Root (cxcL managefs) $741 50% TC & RDA l8 17% 4 Badman, 0 0% 50%TC 55 51% Avg Rent PSF (excl. managels) $0.79 6096 TC 0 0% Total 109 100% Bedrooms 230 Madrid 0 0% Subtotal 108 100% Manage 1 Total 109 EXHIBIT "G" Page 2 of 6 1\cdcnt\datal\uscrs\PBcard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc DEVELOPMENT COSTS & ELIGIBLE BASIS DETERMINATION National City - Phase 1- Bdgs I&2&3 - Find DOA Proforma Development Prefms 1.4 Related Companies of California Prided oo 6nn 1 at t:45 PTA 109 units TCAC TCAC Budget % Eligible Eligible Bans ACQIRSRTON COSTS Purchase Price S0 0% 0 OOer Acquisition Cosh 50,000 0% 0 TOTAL ACQUISITION CUD 50,000 0% 0 PROFESSIONAL FEES Architectsne & Engineering 1,962,000 100% 1,962,000 Other Prdkaimd /Consulting 500,000 100% 500,000 TOTAL PROFESSIONAL FEES 2,462,090 0% 2462,000 FEES AND PERMITS 1,090,000 100% 1,090,000 CONSTRUCTION COSTS 0 0% 0 Demolition 355,000 0% 0 (Mite Improvements 2,100,436 0% 0 Noo-Resiskeitial Structures 0 0% 0 Silo Iromovemems 2,112,400 !00% 2,112,400 Puking Facilities 6,449,724 T00% 6,449,724 Usdseaping!Carman Areas 0 100% 0 Reside.tid Structures 13,640,200 !00% 13,840,200 Other Construction 810,000 100% 810,000 Retail Core ♦ Shell 0 0% 0 Genor l Condition 1,540,066 l00% 1,540,066 Contractor Overhead 770,033 l00% 770.033 Conuaclor Profit 1,283,388 t00% 1,283.300 Contrsemr Tnaamu 438,919 e0D% 438,919 Comkuction Bak Premiums 445,502 100% 445,502 Coasn,ctin Contingency 1,507,283 100% l,507,283 Residential Suootoras-Non GC 0 100% 0 Construction Management 0 100% 0 TOTAL CONSTRUCTION COSTS 31,652,950 0% 29,197,514 FINANC44G COSTS Acquisition Loan Casts 0 0% 0 Gap Loos Cash 100,000 100% 100,000 COnrnuctin Loan Costs 100,000 100% 100,000 Cooskufita Loa. Fees 217,000 100% 217,090 Construed. Period Intent 167,000 100% 867,000 Pon -Catenation Interest 988,000 0% 0 Pumsneml<w Coss 50,000 0% 0 Permanent Loan Fees 42,000 0% 0 Bood Issuance Caen 200,000 0% 0 TCAC Foss 64.000 0% 0 Misr Finance Cosh 0 0% 0 TOTAL FINANCING COSTS 2,628,000 0% 1,211,000 OTHER COSTS Funashings, Fixtures & Equipment 325,000 l00% 325,000 Merketing Cons 175,000 0% 0 Legal Fees 125.000 30% 37,500 PropertyTaxn 25,000 75% 19.750 Soft Cost Contingeney 100,000 100% 100,000 Bolocation Expert 0 0% 0 Eavimranentd Insuran. Policy 150,000 80% 120,000 Aeoeunting/Audit/ Dens Ingot -once 700,0481 80% 560,000 Developer Overhead 1,000,000 100% 1,000,000 Developer Feu 1.500,000 100% 1,500.000 Trunnion /Operd"uBRewee 500,000 0% 0 Other Cons/Reserves 428,014 0% 0 TOTAL OTHER COSTS 5,028,014 0% 3,661,250 TOTAL DEVELOPMENT COSTS S42,9112,964 S37,694,764 !TOTAL ELIGIBLE BASIS TGTAL BASIS REDUCTION (Amount over Adjusted Threshold Basis Limit) 0 TOTAL REQUESTED UNADJUSTED MOTILE BASIS 37,694,764 High Cost Area Adjustment 130% TOTAL ADJUSTED ELIGIBLE BASIS 19,003,194 Applicable Fineman 100% TOTAL QUALIFIED BASIS 49,003,194 Told Cre,ELRo.h lion 0'A 0 TOTAL ADJUSTED QUALIFIED BASIS 49,003,194 EXHIBIT "G" Page 3 of 6 \\cdcnt\data]\users\PBcard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc TAX CREDIT CALCULATION National City - Phase 1 Bdgs 1&25e3 - Final➢DA Proforma Development Profoma L4 Related Companies of California Printed on Ql/11 at I:45 PM Total Project Cost Total Permanent Sources Funding Shortfall Total Qualified Basis Annul Federal Credits - Cakulated Annual Federal Credits - Awarded Total Federal Credits (10 Years) Federal Tar Credit Investor Equity Total Qualified Basis Total 4 -Year State Credits -Calculated Total 4 -Year State Credits -Awarded State Tax Credit Investor Egaily Calculated Acquisition Basis Available Acquisition Basis Annual Acquisition Credits - Calculated Annual Acquisition Credits - Awarded Total Acquisition Credits (10 Years) Acquisition Tax Credit Investor Equity Total Tax Credit investor Equity (Federal +State+Acquisition) S42,910,964 (28,402,182) 514,508,783 549,003,194 S1,612,205 50 S16,122,051 514,508,783 S49,003,194 So 50 50 S0 50 50 50 54 s0 S14,508,783 Threshold Basis Limits (Year2011) Limits Efficient), 1 Bedroom 2 Bedrooms 3 Bedrooms 4 Bedrooms Special Features Threshold Basis Limit Increases Units 0 24 49 36 0 109 Limit 174,861 201,613 243,200 311,296 346,803 Total 0 4,838,712 11,916,800 11,206,656 0 27,962,168 10% Increase: 95% of the project's upper floor units are serviced by at elevator 0 20% Increase: State or Federal Prevailing Wage Requirement 5,592,434 7%!manse: New Construction with Parking beneath Residential Units 1,957,352 2% Increase: Day Care Center 0 2% Increase: Special Needs Populations 0 Total Percentage Increase to Unadjusted Eligible Basis ( Combined not to exceed 39%) 7,549,785 4% Increase: Incl. 3 energy efficiency/resource conservation/urdoor air quality items Seismic Upgrading or Environmental Mitigation (15% unadj. eligible basis max) Development hnpact Fees 5%hncrmse: Distributive Energy Technologies Bond Deals 0 0 817,500 0 1% Inc case: Every 1% of the project's units between 35% and 50% AMl 24,606,708 2% Increase: Every 1% of the project's units at or below 35% AMI 6,151,677 Adjasted Threshold Basis Limit Total Unadjusted Eligible Basis Over /(Under) Basis Limit $67,087,838 S37,694,764 (S29,393,074) EXHIBIT "G" Page 4 of 6 \\cdcnt\datal\users\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc ANNUAL OPERATLG EXPENSE BUDGET National City - Phase I - Bdgs 13c2S3 - Final DDA Proforms Development Profoma 1.4 Related Companies of California Printed on 6/8111 at 2,01 PM Protect Budget (109 units) RENTING Advertising $1,300 Misc. Renting 4,700 TOTAL RENTING 6,000 ADMINISTRATION Office 6,275 Legal 2,650 Audit 15,300 Telephone/Computer 10,900 Tenant Relations 3,350 Misc. Administrative 6,525 TOTAL ADMINISTRATION 45,000 MANAGEMENT FEE Contract Management TOTAL MANAGEMENT 55,160 55,160 OPERATING Electricity 20,000 Water 65,000 Gas 14,000 Sewer 15,000 Exterminating 3,250 Rubbish Removal 20,000 Misc. Operating 3,946 TOTAL OPERATING 141,196 MAINTENANCE Security Grormds 19,150 Repairs 16,250 Elevator 0 Unit Turns 6,000 Misc. Maintenance 3,600 TOTAL MAINTENANCE 55.000 SALARIES AND BENEFITS Office Salaries 135,000 Maintenance Salaries 0 Payro11 Taxes and Benefits 0 TOTAL SALARIES AND BENEFITS 135,000 TAXES AND INSURANCE Real Estate Taxes 0 Business Taxes and Licenses 5,000 Insurance 35,000 Annual Ground Lease Payment 75,000 TOTAL TAXES AND INSURANCE 115.000 RESERVES AND OTHER EXPENSES Replacement Reserves 32,700 Operating Reserves 0 Social Programs 60,000 TOTAI. RESERVES AND OTHER COSTS 92,700 TOTAL OPERATING EXPENSES $645,056 Page 3 EXHIBIT "G" Page 5 of 6 \\cdcnt\data l\users\PBeard\pyatokwPinal DDA does\DDA v 6 6 II s x FINAL FINAL 6-S-11doc SOURCES AND USES OF FUNDS National City - Phase 1- Edgs 1&2&3 - Final DDA Proforma Development Profoma 1.4 Related Companies of California Printed on 617111 at 1:45 PM Permanent Sources and Uses. Sources Tax Credit Equity 14,508,783 Permanent Financing (Tranche A) 2,781,500 Commission Subodinate Loan for Phase I 6,000,000 CHW Third Trust Deed Loan for Phase I (City Grant) 14,957,000 Proposition IC Financial Assistance (Pro-rata) 4,663,682 Total Permanent Sources 42,910,964 Uses Total Development Cost 42,910,964 Amount Over!(Undcr) 0 EXHIBIT "G" Page 6 of 6 \\cdcnt\datallusers\PBeardlpyatok\Flnal DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc EXIIIBIT "H" PROJECT SUMMARY National City - Phase II - Bldgs 4&5 - Final DDA Proforma Development Profoma 1.4 Related Companies of California Printed on 6/7/11 at 1:45 PM Project Data Basis Calculations Project Type Family Total rigible Basis $30,026,714 County San Diego Adjusted Threshold Basis Limit $55,586,659 Total Units 92 Total Eligible Basis as a % of Threshold Basis Limit 54.02% Parking Spaces 145 Land Area 3.69 Acres Permanent Sources Amount Debt Service Net Residential Area 83,685 SF Tax Credit Equity 11,556,253 c/a Permanent Financing 52,648,000 $200,846 ting Economic Assumptions Comrnissian Subordinate Loan for Phase II 14,909,000 nfa Residential Vacancy Rate 5.0% ProplC Financial Assistance (Pro-rata) 3,936,318 n/a Retail Vacancy Rate 10.0% Income Inflator 2.5% Expense Inflator 3.5% CPI 3.0% Total $33,049,571 $200,846 Stabilized Can` Flow Year 1 Sources and Uaca Gross Scheduled Rent 5789,696 Total Permanent Sources Laundry Income 6,624 Total Development Cost Other Income 0 Over/(Under) Vacancy & Collection 4i 5.00% (39.816) Retail Income 0 Retail Vacancy (41 10.00% 0 Effective Gross Income 756,504 Operating Expenses (495,368) Net Operating Income 261,136 $33,049571 33,049571 50 EXHIBIT "H" Page 1 of 6 \\cdcnt\datal\users\PDeard\pyatok\ Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11 doc UNIT DISTRIBUTION National City - Phase H - Ridge 4&5- Final ODA Proforma Development ?totems 1.4 Related Companies of California Printed on 6f7/11 at 1:45 PM Total Number Income Cross Utility Net Net Rent Monthly Annual Sgmare Of Units Category SF Rent Allowance Rent Per SgFt Rent Rent Unit% Footage Studio 1 30%TC 400 $412 $38 $374 S0.94 $374 $4.488 I% 400 0 35%TC 400 SO 538 0 da S0 S0 0% 0 2 40%TC 400 S550 S38 $512 S1,28 51,024 $12,288 2% 800 0 45%TC 400 SO $38 0 a/a S0 S0 0% 0 3 50%TC 400 S687 538 $649 $1.62 $1,947 523,364 3% 1200 0 60%TC 400 S0 S38 0 n/a S0 S0 0% 0 D Market 400 30 So 0 n/a SO 50 0% 0 D Manager 400 S0 SO 0 da SO S0 0% 0 6 1 Bedroom 3 30%TC FLAT 625 $441 353 $388 50.62 $1,164 S13,968 3% 1,875 0 35%TC 625 S0 S53 0 n/a S0 S0 0% 0 5 40%TC FLAT 625 5589 $53 3536 $0.86 52,680 $32,160 5% 3,125 0 45%TC 625 SO $53 0 a/a SD S0 0% 0 11 50%TC FLAT 625 5736 353 3683 51.09 S7,513 $90,156 12% 6,875 2 50%TC AND RDA FLAT 625 3736 $53 5683 $1.09 $1,366 $16,392 2% 1250 0 Market 625 S0 SO 0 n/a S0 SO 0% 0 0 Manager 625 SO SO 0 a/a S0 S0 0% 0 2 Bedrooms 3 Bedroom 4 Brdraoma 21 1 30%TC FLAT 825 $530 $69 S461 $0.56 $461 55,532 1% 825 3 30%TCTH 940 S530 569 5461 $0.49 $1,383 $16,596 3% 2,820 3 40%TC FLAT 825 $707 $69 S638 S0.77 S1,914 S22,968 3% 2,475 5 40%7C TH 940 S707 669 5638 $0.68 $3,190 $38280 5% 4,700 7 50%TC FLAT S25 3883 569 S814 $0.99 55,698 S68.376 856 5,775 II 50%TCTH 940 5883 $69 5814 30.87 $8,954 5107,448 12% 10,340 2 50%TC AND RDA FLAT 825 5849 569 5780 $0.95 $1,560 S18,720 2% 1,650 3 50% TC AND RDA TH 940 5849 569 S780 50.83 S2,340 528080 3% 2,820 0 Market 825 SO S0 0 a/a S0 S0 0% 0 1 Manager 940 S0 S0 0 n/a SO S0 I% 940 36 3 30%TCTH 1,235 $612 $84 3528 50.43 $1,584 519,008 3% 1705 O 35%TC 1,235 S0 S84 0 da S0 50 0% 0 6 40%TCTH 1,235 5816 284 S732 30.59 $4.392 $52,704 7% 7,410 0 45%TC 1,235 S0 S84 0 n/a S0 S0 0% 0 14 50%TCTH 1,235 $1,020 $84 $936 30.76 $13,104 $157,248 15% 17,290 6 50%TC AND RDA TH 1235 5944 $84 5860 S0.70 $5,160 $61920 7% 7,410 0 Market 1,235 S0 S0 0 n/a S0 So 0% 0 0 Manager 1.235 S0 SO 0 n/a SO $0 0% 0 29 O 30%TC 0 S0 $107 0 ria S0 SD 0% 0 O 35%TC 0 $0 5107 0 tda S0 50 0% 0 0 40%TC 0 SO $107 0 W. S0 14 0% 0 0 45%TC 0 S0 5107 0 n/a 30 f0 0% 0 0 50%TC 0 SO S107 0 n/a SO 50 0% 0 0 60%TC 0 S0 $107 0 n/a $0 30 0% 0 O Market 0 S0 S0 0 n/a SD SO 0% 0 O Manager 0 S0 SO 0 a/a SO SO 0% 0 0 Unit Distribution Summary Summary Income Units Total Total SF 83,685 30%TC 11 12% Avg. Unit SF 910 35%TC 0 0% Monthly Rent 565,808 40%TC 21 23% Amoral Rent $789,696 45%TC 0 0% Avg. Rent (excl. manager's) S723 50%TC & RDA 13 14% 50%TC 46 51% Avg. Rent PSF (exel mmageta) $0.80 60%TC 0 0% Bedrooms 180 Market 0 0"% Subtotal 91 100"% Manager 1 Total 92 Unit Sim Studio 1 Bedroom 2 Bedrooms 3 Bedrooms 4 Bedrooms Total Units Total % 6 7% 21 23% 36 39% 29 32% 0 0% 92 100% EXHIBIT "H" Page 2 of 6 \\cdcnt\datal\users\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-1 I.doc DEVELOPMENT COSTS & ELIGIBLE BASIS DETERMINATION Nanoaal City- Phase U- Bldgs 4&5- Final DDA Profoma Development Profoura IA Relined Companies of California Printed 0n 67/t I st 1.45 PM 92 unite TCAC TCAC Budget %Eligible Eligible Basis ACQUISITION COSTS Purchase Price 50 0% 0 Other Acquisition Costs 50,000 0% 0 TOTAL ACQUISm0N COSTS 50,000 0% 0 PROFESSIONAL FEES Architecture & Engineering 1,656,000 100% 1,656,000 Other Professional /Consulting 100,000 100% 100,000 TOTAL PROFESSIONAL FEES 1,756,000 0% 1,756,000 FEES AND PERMITS 920,000 100% 920,000 CONSTRUCTION cons 0 tl% 0 Demolition 105,000 0% 0 Offsite Improvements 1,000,000 0% 0 Non -Residential Structures 0 0% 0 Sim Improvements 1,917,216 100'/. 1,917,216 Parting Facilities 5,564,373 100% 5,564,173 Landscaping / Common Arms 0 100% 0 Residential Strum ms 10,301,093 100% P3301.093 Other Construction 366,990 100% 366,990 Retail Core +Shell 0 0% 0 General Conditions 1,155,280 100% 4155,280 Contractor Overhead 577,640 100% 577,640 Contractor Profs 962,734 100% 962,714 Contractor Insusance 329,255 100% 329,255 Construction Bad Premiums 334,194 100% 334,144 Construction Contingency 1,130,689 100% 1,130,689 Residential Structures • Non GC 0 100% 0 Construction Management 0 100% 0 TOTAL CONSTRUCTION COSTS 23,744,464 0% 22,639,464 FINANCING COSTS Acquisition loan Cow 0 0% Cr Oap Loan Costs 900,000 100% 100,000 Construction Loan Cow 100,000 100% 100,000 Coofnrction Loan Fees 174,000 100% 174,000 Coustsuc6an Period Interest 780,000 100% 780,000 Post -Co nsuntioo Interest 764,000 0% 0 Penns/rent Loan Casa 50,000 0% 0 Pernument Loan Pees 40,000 0% 0 Bond Issuance Costs 200,000 0% 0 TCAC Fees 53,000 0% 0 Misc. Finance Coss 0 0% 0 TOTAL FINANCINO COSTS 2,261,000 0% 1,154,000 OTHER COSTS Furnishings, Fi,Ouro & Equipment 325,000 100% 325,000 Merketmg Cow 175,000 0% 0 Legal Fees 125,000 30% 37,500 Properly Truces 25,000 75% 18,750 Solt CostCootingany 100,000 100% 100,000 Reloomion Expenses 0 0% 0 EnrvonmenW Insurance Polley 150,000 80% 120,000 Accounting/Audit/ Other Insurance 570,000 80% 456,000 Developer Overhead 1,000,000 100% 1,000,000 Developer Pees 1,500,000 100% 1,500,000 Other Costs/Reserves 348,107 0% 0 TOTAL OTHER COSTS 4,318,107 0% 3,557,250 TOTAL DEVELOPMENT COSTS / TOTAL ELIGIBLE BASIS 933,049,571 S30,026,714 TOTAL BASIS REDUCTION (Amount over Adjusted Threshold Basis Limit) 0 TOTAL REQUESTED UNADRUSr1D ELIGIBLE BASIS 30 026,714 high Cos Asp Adjustment 130% TOTALADIUSTED ELIGIBLE BASIS 39,034,728 Applicable Fraction 100% TOTAL QUALLU7ED BASIS 39,034,728 Total Credit Reduction 0% 0 TOTAL ADJUSTED QUALIFIED BASIS 39,034,728 EXHIBIT "H" Page 3 of 6 \\cdcnt\latal\users\WBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-1 1.doc TAX CREDIT CALCULATION National City - Phase 11- Bldgs 4&5 - Final DDA Proforma Development Profoma 1.4 Related Companies of California Printed on 6/7/I1 at 1:45 PM Total Project Cost Total Permanent Sources Funding Shortfall Total Qualified Basis Annual Federal Credits - Calculated Annual Federal Credits - Awarded Total Federal Credits (10 Years) Federal Tax Credit Investor Equity Total Qualified Basis Total 4 -Year State Credits - Calculated Total 4 -Year State Credits - Awarded State Tax Credit Investor Equity Calculated Acquisition Basis Available Acquisition Basis Annual Acquisition Credits - Calculated Annual Acquisition Credits - Awarded Total Acquisition Credits (10 Years) Acquisition Tax Credit Investor Equity Total Tax Credit Investor Equity (Federal + State+ Acquisition) $33,049,571 (21,493,318) S11556,253 $39,034,728 $1,284,243 S0 S12,842,426 511,556,253 $39,034,728 s0 SO so s0 so 30 s0 s0 s0 S11,556,253 Threshold Basis Limits (Year 2011) Limits Efficiency 1 Bedroom 2 Bedrooms 3 Bedrooms 4 Bedrooms Units 6 21 36 29 0 92 Special Features Threshold Basis Limit Increases 10% Increase: 95% of the projects upper floor units are serviced by an elevator 20% Increase: State or Federal Prevailing Wage Requirement 4,613,165 7% Increase: New Construction with Parking beneath Residential Units - 1,614,608 2% Increase: Day Care Center 2% Increase: Special Needs Populations Total Percentage Increase to Unadjusted Eligible Basis (Combined not to exceed 39%) 6,227,772 4% Increase: Incl. 3 energy efficiency/resource conservation/indoor air quality items 0 Seismic Upgrading or Environmental Mitigation (15% unadj. eligible basis max.) 0 Development Impact Fees 5% Increase: Distributive Energy Technologies 0 Bond Deals Limit 174,861 201,613 243,200 311,296 346,803 Total 1,049,166 4,233,873 9,755,200 9,027,584 0 23,065,823 I% Increase: Every 1% of the projects units between 35% and 50% AMI 2% Increase: Every 1% of the projects units at or below 35% AMI Adjusted Threshold Basis Limit Total Unadjusted Eligible Basis Over /(Under) Basis Limit 0 0 0 690,000 20,067,766 5,535,798 S55,586,659 530,026,714 (52 5,5 59,945) EXHIBIT "H" Page 4 of 6 \\cdcnt\data)\uscrs\PBcard\pyatok\Final DDA docs\DDA v 6 6 II s x FINAL FINAL 6-8-11.doc ANNUAL OPERATING EXPENSE BUDGET National City - Phase II - Bldgs 4&5 - Final DDA Proforma. Development Profoma 1.4 Related Companies of California Printed on 618l11 at 2:02 PM Project Budget (92 units) RENTING Advertising $I,200 Misc. Renting 4,100 TOTAL RENTING 5,300 ADMINISTRATION Office 5,750 Legal 2,250 Audit 13,000 Telephone/Computer 10,800 Tenant Relations 3,000 Mise Administrative 5,650 TOTAL ADMINISTRATION 40,450 MANAGEMENT FEE Contract Management TOTAL MANAGEMENT 45,390 45,390 OPERATING Electricity 17,000 Water 55,000 Gas 12,000 Sewer - 12,500 Exterminating 2,750 Rubbish Removal 17,000 Misc. Operating 3,703 TOTAL OPERATING 119.953 MAINTENANCE Security Grounds 16,650 Repairs 12,425 Elevator 0 Unit Turns 5,000 Misc. Maintenance 3,600 TOTAL MLAINTENANCE 46,675 SAIARIFS AND BENEFITS Office Salaries 115,000 Maintenance Salaries 0 Payroll Taxes and Benefits 0 TOTAL SALARIES AND BENEFITS 115,000 TAXES AND INSURANCE Real Estate Taxes 0 Business Taxes and Licenses 5,000 Insurance 30,000 Annual Ground Lease Paytnent 0 TOTAL TAXES AND INSURANCE 35,000 RESERVES AND OTHER EXPENSES Replacement Reserves Operating Reserves Social Programs TOTAL RESERVES AND OTHER COSTS 27,600 0 60,000 87,600 TOTAL OPERATING EXPENSES $495,368 Page 3 EXHIBIT "H" Page 5 of 6 \\cdcnt\data l\users\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc SOURCES AND USES OF FUNDS National City - Phase 11- Bldgs 4&5 - Final DDA Proforma Development Profoma 1.4 Related Companies of California Printed on 6/7/11 at 1:45 PM Permanent Sources and Uses Sources Tax Credit Equity 11,556,253 Permanent Financing 2,648,000 Commission Subordinate Loan for Phase II 14,909,000 Prop I C Financial Assistance (Pro-rata) 3,936,318 Total Permanent Sources 33,049,571 Uses Total Development Cost 33,049,571 Amount Over/(Under) 0 EXHIBIT "H" Page 6 of 6 \\cdcnt\data 1\users\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-1 !dot: EXHIBIT "I" FORM OF GROUND LEASE [FOLLOWING THIS PAGE] EXHIBIT "I" \\cdcnt\datal\users\PBeard\pyatok\Final DDA docs'DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc GROUND LEASE FOR PHASE _ [Transit -Oriented Infill Affordable Housing and Paradise Creek Enhancement Project] By and Between COMMUNITY DEVELOPMENT COMMISSION OF' THE CITY OF NATIONAL CITY "Landlord" and , L.P. "Tenant" Dated as of , 201_ EXHIBIT "I„ Page 1 of 67 \\cdcnt\datal\users\PBeard\pyatok\Final DDA docs\DDA v 6 611 s x FINAL FINAL 6-8-1 Ldoc GROUND LEASE FOR PHASE _ THIS GROUND LEASE (the "Lease"), dated, for identification purposes only, as of , 201_, is entered into by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a public body, corporate and politic ("Landlord" or "Commission"), and , L.P., a California limited partnership ("Tenant" or "Developer"). RECITALS A. WHEREAS, Commission is a California community development commission acting to implement the California Redevelopment Law, Part 1 of Division 24 of the Health and Safety Code; B. WHEREAS, Developer is controlled by an experienced owner, developer and manager of affordable housing for very -low and low-income families; C. WHEREAS, Commission is the owner of certain real property situated in the City of National City, County of San Diego, State of California, and legally described in Exhibit "A" (the "Property"); D. WHEREAS, Commission and Developer entered into that certain "Disposition and Development Agreement" dated as of June 21, 2011 (the "DDA"); E. WHEREAS, the DDA provided that upon the satisfaction of certain conditions, Commission would ground lease the Property to Developer; and F. WHEREAS, all conditions precedent to the parties entering into this Lease have been satisfied or waived. NOW, THEREFORE, for and in consideration of the mutual promises, covenants, and conditions herein contained, Commission and Developer agree as follows: ARTICLE 1. LEASE OF THE PROPERTY L1 Lease of the Property. Landlord leases to Tenant, and Tenant hires from Landlord, the Property on the terms and conditions as set forth in this Lease. 1.2 Purpose of Lease. The purpose of this Lease is to provide for the construction, maintenance, management and operation of a 7, -unit, multi -family, low- income rental housing project. Tenant will not occupy or use the Property, or permit the Property to be used or occupied, nor do or permit anything to be done in or on the Property, in whole or in part, for any other purpose. The foregoing notwithstanding, after EXIIIBIT "I" Page 2 of 67 \\cdcnt\latal\users\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc the foreclosure of a Mortgage, or acceptance by a Mortgagee of an assignment or deed in lieu of foreclosure, the Property may be used for any lawful purpose. 1.3 Recorded Encumbrances. This Lease, the interests of Landlord and Tenant hereunder, and the Property, are in all respects subject to and bound by all of the covenants, conditions, restrictions, reservations, rights, rights -of -way and easements of record including, without limitation: 1.4 Memorandum of Lease. A short form Memorandum of Lease referring to this Lease is being executed by Landlord and Tenant concurrently herewith, and recorded in the Official Records of the County of San Diego, California (the "Official Records"). 1.5 Assignment of Utility Rights. Landlord, by virtue of its fee title to the Property, may hold certain rights, entitlements or credits with respect to utility capacity, connections, etc. (the "Utility Rights"). Landlord hereby assigns said Utility Rights to Tenant as an incidence of its leasehold interest in the Property. ARTICLE 2. DEFINITIONS All capitalized terms used herein may be defined where first used in this Lease and/or as set forth in this Article 2. Unless otherwise defined herein, all capitalized terms shall have the same meanings ascribed to them in the DDA. For the purpose of supplying such definitions, the DDA, notwithstanding anything contained therein or herein to the contrary, shall not merge with this Lease. "Award" means any compensation or payment made or paid for the Total, Partial or Temporary Taking of all of any part of or interest in the Property and/or the Improvements, whether pursuant to judgment, agreement or otherwise. "Capital Improvements" means all work and improvements with respect to the Property for which costs and expenses may be capitalized in accordance with GAAP. Note. "Cash Flow" has the meaning set forth in the Commission Subordinate Loan "Commencement Date" has the meaning set forth in Article 3 of this Lease. "Commission Subordinate Loan Note" means that certain promissory note, dated as of even date with this Lease, made by Tenant in favor of Landlord in the original principal amount of $ "Compliance Period" has the meaning set forth in Section 42(i)(1) of the Internal Revenue Code of 1986, as amended. EXHIBIT "I" Page 3 of 67 \\cdcnt\datal\users\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc "Construction" means the improvement of the Property pursuant to the Plans. "Construction Loan" refers to the loan from a lender (or consortium of lenders) acceptable to the Executive Director of Landlord, the proceeds of which are used to construct the Project. "Debt Service" has the meaning set forth in the Commission Subordinate Loan Note. "Environmental Law" means any federal, state or local environmental, health and/or safety -related law, rule, regulation, requirement, order, ordinance, directive, guideline, permit or permit condition, currently existing and as amended, enacted, issued or adopted in the future. The term Environmental Law includes, but is not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, and similar state or local laws. "Event of Default" has the meaning set forth in Article []. "Executive Director" means the Executive Director of Landlord or his designee. "Fiscal Year" has the meaning set forth in the Commission Subordinate Loan Note. "Hazardous Materials" means any chemical, substance, object, condition, material, waste, or controlled substance which is or may be hazardous to human health or safety or to the environment, due to its radioactivity, ignitability, corrosiveness, explosivity, flammability, reactivity, toxicity, infectiousness, or other harmful or potentially harmful properties or effects, including, without limitation, all chemicals, substances, materials, or wastes that are now or hereafter may be listed, defined, or regulated in any manner by any federal, state, or local government agency or entity, or under any federal, state, or local law, regulation, ordinance, rule, policy or procedure due to such properties or effects. "Impositions" means all taxes (including, without limitation, sales and use taxes); assessments (including, without limitation, all assessments for public improvements or benefits whether or not commenced or completed prior to the Commencement Date and whether or not to be completed within the Term); water, sewer or other rents, rates and charges; excises; levies; license fees; permit fees; inspection fees and other authorization fees and other charges; in each case whether general or special, ordinary or extraordinary, foreseen or unforeseen, of every character (including all interests and penalties thereon), which are attributable or applicable to any portion of the Term and may be assessed, levied, confirmed or imposed on or in respect of, or be a lien upon (a) the Property or the Improvements, or any part thereof, or any estate, right or interest therein, (b) any occupancy, use or possession of or activity conducted on the EXHIBIT "I„ Page 4 of 67 1\:dent\latal\users\PBcard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc Property or the Improvements, or any part thereof, or (c) this Lease. The term "Impositions" shall also include any and all increases in the foregoing, whether foreseen or unforeseen, ordinary or extraordinary, including, without limitation, any increase in real property taxes resulting from a sale of the Property by Landlord. "Improvements" means all buildings, structures and other improvements, including the building fixtures thereon, now located on the Property or hereafter constructed on the Property; all landscaping, fencing, walls, paving, curbing, drainage facilities, lighting, parking areas, roadways and similar site improvements now located or hereafter placed upon the Property. "Indemnitees" means Landlord, the Community Development Commission of the City of National City, the City of National City, California ("City") and their employees, agents, members and officials. "Index" means the Consumer Price Index -Urban Wage Earners and Clerical Workers (San Diego, All Items, Base 1982-84 = 100) as published by the United States Department of Labor, Bureau of Labor Statistics. Should the Bureau discontinue the publication of the Index, or publish the same less frequently or on a different schedule, or alter the same in some other manner including, without limitation, changing the name of the Index or the geographic area covered by the Index, Landlord and Tenant shall adopt a substitute index or procedure which reasonably reflects and monitors consumer prices. "Institutional Lender" means any one or combination (including, without limitation, a consortium) of the following lending institutions: a commercial or savings bank; a trust company; an insurance company; a savings and loan association; a building and loan association; an educational institution; a pension, retirement or welfare fund; a charity; an endowment fund or foundation authorized to make loans in the State of California; a company engaged in the ordinary course of business as a lender with net unencumbered assets in the amount of not less than $50,000,000 which is duly licensed or registered with any regulatory agency having jurisdiction over its operation, if any, and is not under any order or judgment of any court or administrative agency restricting or impairing its operation as a lender where the restriction or impairment would be directly related to a proposed loan to Tenant, and which is regularly engaged in business in an office or location in the State of California; or any other entity having a net worth of $75,000,000 or more whether or not a so-called institution; or any division, subsidiary, parent or affiliate owned or controlled by, owning or in control of or in common control or ownership with any of the foregoing entities. "Insurance Requirements" means all terms of any insurance policy covering or applicable to the Property or the Improvements, or any part thereof, all requirements imposed by the issuer of any such policy, and all orders, rules, regulations and other requirements of the National Board of Fire Underwriters (or any other body exercising similar functions) applicable to or affecting the Property or the Improvements, or any part thereof, or any use or condition of the Property or the Improvements, or any part thereof. EXHIBIT "I" Page 5 of 67 1\cdcnt\datal\users\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc "Lease Year" means the year commencing on the first day of the first full calendar month following the Commencement Date, or anniversary thereof, and ending at midnight on the last day of the month in which an anniversary of the Commencement Date occurs. "Legal Requirements" means all laws, statutes, codes, acts, ordinances, orders, judgments, decrees, injunctions, rules, regulations, permits, licenses, authorizations, directions and requirements of and agreements with all governments, departments, commissions, boards, courts, authorities, agents, officials and officers, foreseen or unforeseen, ordinary or extraordinary, which now or at any time hereafter may be applicable to the Property or the Improvements, or any part thereof, or to any of the adjoining sidewalks, streets or ways, or to any use or condition of the Property or the Improvements, or any part thereof. "Memorandum of Lease" refers to the memorandum of lease which has been recorded as described in Section []. "Mortgage" has the meaning set forth in Section [8 "] of this Lease. "Mortgagee" has the meaning set forth in Section j µ] of this Lease. "Net Operating Income" has the meaning set forth in the Commission Subordinate Loan Note. "Notice of Intended Taking" means any notice or notification on which a reasonably prudent person would rely and which said person would interpret as expressing an existing intention of Taking as distinguished from a mere preliminary inquiry or proposal. It includes, without limitation, the service of a condemnation summons and complaint on a party to this Lease. The notice is considered to have been received when a party to this Lease receives from the condemning agency or entity a notice of intent to take, in writing, containing a description or map of the taking which reasonably defines the extent of the taking. "Official Records" means the Official Records of San Diego County, California. "Operating Deficits" means, for the applicable period, the shortfall, if any, between Operating Income and Operating Expenses. "Operating Expenses" has the meaning set forth in the Commission Subordinate Loan Note. "Operating Income" has the meaning set forth in the Commission Subordinate Loan Note. EXHIBIT "I" Page6of67 \\cdcnt\datal\users PBeardlpyatok\Final DDA does\DDA v 6 6 11 s x FINAL FINAL 6-8-I1.doc "Partial Taking" means any taking of the fee title of the Property and/or the Improvements that is not either a Total, Substantial or Temporary Taking. "Plans" means the plans and specifications for the Construction, a set of which, initialed by Tenant, are on file in the offices of Landlord. "Potential Default" means any condition or event which, with the lapse of time or the giving of notice, or both, would constitute an Event of Default. "Project" refers to the Property and the Improvements constructed and maintained thereon. "Property" has the meaning set forth in Recital "C," above. "Substantial Taking" means the taking of so much of the Property and/or the Improvements that the portion of the Property and/or the Improvements not taken cannot be repaired or reconstructed, taking into consideration the amount of the Award available for repair or reconstruction, so as to constitute a complete, rentable structure, capable of producing a proportionately fair and reasonable net annual income after payment of all Operating Expenses, and all other charges payable under this Lease, and after performance of all covenants and conditions required by Tenant by law and under this Lease. "Taking" means a taking or damaging, including severance damage, by eminent domain or by inverse condemnation or for any public or quasi -public use under any statute. The taking may occur as a result of a transfer pursuant to the recording of a final order in condemnation, a voluntary transfer or conveyance to the taking authority under threat of condemnation, or a transfer while condemnation proceedings are pending. Unless otherwise provided, the taking shall be deemed to occur as of the earlier of (a) the date actual physical possession is taken by the condemnor, or (b) the date on which the right to compensation and damages accrues under the law applicable to the Property and/or the Improvements. A taking as used in this Lease does not include the voluntary dedication of any portion of the Property necessary to obtain building permits or to comply with any other applicable governmental rule, regulation or statute; nor does it include the enactment of any law, ordinance or regulation which may affect the use or value of the Property but which does not involve an actual taking of any portion thereof. Eminent domain actions filed by Landlord against owners of portions of the Property and pending as of the Commencement Date shall not be deemed, construed or interpreted as a Taking under this Lease. "Tax Credit Partner" means a , and its successors and assigns. "Temporary Taking" means a taking of all or any part of the Property and/or the Improvements for a term certain which term is specified at the time of taking. Temporary EXHIBIT "I" Page 7 of 67 1\cdcnt\datal\users\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-1 I.doc Taking does not include a taking which is to Last for an indefinite period or a taking which will terminate only upon the happening of a specified event unless it can be determined at the time of the taking substantially when such event will occur. If a taking for an indefinite term should take place, it shall be treated as a Total, Substantial or Partial Taking in accordance with the definitions set forth herein. "Term" has the meaning set forth in Article [] of this Lease. "Total Taking" means the taking of the fee title to all of the Property. "Unit" means a dwelling unit on the Property. ARTICLE 3. TERM The term of this Lease (the "Term") shall commence on the date the Memorandum of Lease records in the Official Records (the "Commencement Date"), and shall continue thereafter until the earlier of: (a) the fifty-fifth (55th) anniversary of the date on which a Notice of Completion records in the Official Records for the Construction or (b) June 30, 20_. [Note: Following are two (2) versions of Article 4, one (1) for Phase 1 and one (1) for Phase II. Only the appropriate version will be included in the final form of this Ground Lease for the subject Phase. Also note that the Annual Rent set forth in Section 4.1 would be subject to increase pursuant to Sections [9.3.2] and [10.3.2] of the DDA if Section 8 vouchers are secured.] ARTICLE 4. RENTAL [PHASE I] 4.1 Rent. Tenant shall pay, without abatement, deduction, or offset, the following sums (the "Annual Rent"): (a) Rent Commencement Date. Lease Year 1 shall commence on the Commencement Date of this Lease. That notwithstanding, Annual Rent shall not commence until the earlier of (the "Rent Commencement Date"): (i) the date that the Construction Loan converts from temporary construction to permanent status pursuant to its terms (the "Loan Conversion Date"), or (ii) the third (3rd) anniversary of the Commencement Date of this Lease. If the Loan Conversion Date, occurs prior to the third (3rd) anniversary of the Commencement Date of this Lease, Tenant shall promptly give notice of such loan conversion to Landlord. (b) First 30 Lease Years from Rent Commencement Date. For each of the first thirty (30) Lease Years commencing with the Rent Commencement Date (the "First 30 Rent Year Period"), the Annual Rent shall be the fixed sum of Seventy -Five Thousand Dollars ($75,000). For the first Lease Year of such First 30 Rent Year Period, the Annual Rent shall be prorated at the rate of Two Hundred Five Dollars ($205) per day EXHIBIT "I" Page 8 of 67 \\edent\ data l\users\PReard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-1 Lcloc to account for the number of days between the Rent Commencement Date and the first day of such Lease Year. (c) Next 25 Lease Years. For each of the next twenty-five (25) Lease Years following the First 30 Rent Year Period (the "Next 25 Rent Year Period), the Annual Rent shall be the sum of Seventy -Five Thousand Dollars ($75,000) as escalated at the fixed rate of two percent (2%) per Lease Year. Accordingly, the Annual Rent for such first Lease Year of the Next 25 Rent Year Period shall be Seventy -Six Thousand Five Hundred Dollars ($76,500). (d) Remainder of Term. For each of the Lease Years following the Next 25 Rent Year Period until the end of the Term (the "Appraisal/COLA Period"), Tenant shall pay Annual Rent at a rate determined by i two (2) part process, as follows: (i) Part 1. Periodic Appraisal. The Annual Rent for the first Lease Year of the Appraisal/COLA Period (the " First Appraisal/COLA Period Lease Year") through Lease Year 60, Lease Years 71 through 75, and 86 through 90 shall be the result of the following process: 1. Step 1: Meet and Confer. Not later than ten (10) days after the first day of each of the last Lease Year of the Next 25 Rent Year Period, Lease Year 70 and Lease Year 85, the parties shall meet and confer for the purpose of attempting to agree on the Annual Rent for, in each case (except only the very first case), the next succeeding "Five (5)-Lease Year Period" (i.e., First Appraisal/COLA Period Lease Year through Lease Year 60, 71 through 75, and 86 through 90, respectively). Landlord and Tenant acknowledge and agree that the first such Five (5)-Lease Year Period only will be truncated as a consequence of it commencing closer to the end of Lease Year 60 than a full five (5) years. In each case, agreement, if any, shall be confirmed in writing by Landlord and Tenant. If, in any case, the parties fail to agree within thirty (30) days of such meeting (the "Meet and Confer Period"), then the parties shall proceed to Step 2. 2. Step 2: Selection of Appraiser(s). First the parties shall attempt to agree on a single MAI appraiser. If the parties have not so agreed in writing within fifteen (15) days after expiration of the Meet and Confer Period, then within fifteen (5) days thereafter each shall appoint an MAI appraiser (with an active practice in the appraisal of commercial real property in the County of San Diego) to participate in the appraisal process provided for in this section and shall give written notice thereof to the other party. Upon the failure of either party so to appoint, the nondefaulting party shall have the right to apply to the Superior Court for the County of San Diego, California, to appoint an appraiser to represent the defaulting party. Within ten (10) days of the parties' appointments, the two (2) appraisers shall jointly appoint a third MAI appraiser and give written notice thereof to Landlord and Tenant, or if, within ten (10) days of the appointment of said appraisers, the two (2) appraisers shall fail to EXHIBIT "1" Page 9 of 67 \\edcnt\datal\users \PBeard\pyatoklfinal DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc appoint a third, then either party hereto shall have the right to make application to said Superior Court to appoint such third appraiser. 3. Step 3: Appraisal Process. The appointed appraiser(s) shall be given the "Letter of Instruction" attached to this. Lease as Exhibit ["E"] and shall complete his/her/their appraisal(s) within sixty (60) days, and shall execute and acknowledge his/her/their determination of fair market ground rent in writing and cause a copy thereof to be delivered to each of the parties hereto. 4. Step 4: Establishment of Annual Rent. If the parties agreed on a single appraiser, then the determination of that appraiser shall fix the Annual Rent for the subject Five (5)-Lease Year Period (or shorter period as to the very first of such Five (5)-Lease Year Periods). If three (3) appraisers made such determinations, then the three (3) determinations shall be added together and divided by three (3). The resulting quotient shall be the fair market ground rent. If, however, the low determination and/or high determination is or arc more than twenty-five percent (25%) lower and/or higher than the middle determination, the low and/or high determination shall be disregarded. If only one determination is disregarded, the remaining two (2) determinations shall be added together and their total divided by two (2). The resulting quotient shall be the Annual Rent for the subject Five (5)-Lease Year Period (or shorter period as to the very first of such Five (5)-Lease Year Periods). If both the low and the high appraisals are disregarded, the middle determination shall be the Annual Rent for the subject Five (5)-Lease Year Period (or shorter period as to the very first of such Five (5)-Lease Year Periods). If the determination of the appraisal process is not completed by the commencement of the subject Five (5)-Lease Year Period (or shorter period as to the very first of such Five (5)-Lease Year Periods), Tenant shall continue to pay rent at the then prevailing Annual Rent rate until the adjusted rate is determined, at which time Tenant shall pay any difference for the period affected by the adjustment. (ii) Part 2. Intermediate Cost of Living Adjustment. The Annual Rent for the Five (5)-Lease Year Periods 61 through 65, 66 through 70, 76 through 80, 81 through 85, 91 through 95, and 95 through 99 shall be set in accordance with the following cost of living process: 1. Step 1. For each of the subject Five (5)-Lease Year Periods, the Annual Rent in effect for the immediately preceding Five (5)-Lease Year Period shall be adjusted upward, but never downward. 2. Step 2. For each of the subject Five (5)-Lease Year Periods, the index shall be the then most recently published monthly figure as shown in the Consumer Price Index (CPI) for All Urban Consumers for San Diego MSA based on the year 1982-1984=100 as published by the U.S. Department of Labor's Bureau of Labor Statistics (BLS) (the "Adjustment Index"). EXHIBIT "I" Page 10 of 67 \\cdcnt\data 1\users\I'Beard1pyatok\ final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-1 I.doc The base for computing the adjustment shall be the index figure for the same month as the Adjustment Index but twenty (20) years earlier (the "Base Index"). [For example, if the Adjustment Index is the month of March 2068, the base for that computation would be March 2048.] The Adjustment Index shall be computed as a percentage of the Base Index and the percentage increase shall be divided by four (4) (the "Divisor"); provided, however, the Divisor for the first of such Five (5)-Lease Year Periods only shall be adjusted upward to reflect the extent to which the preceding Five (5)-Lease Year Period was truncated. For example, assuming the Base Figure is 110 and the Adjustment Index is 190, the percentage increase is 190/110=1.7272=173%, for a percentage increase of 73% for the subject twenty (20)-year period. That percentage increase is then divided by four (4) (or such larger Divisor for the first of such Five (5)-Lease Year Periods) to yield the percentage to be applied or 18.25%. So 118.25% shall be applied to the Annual Rent for the Five (5)-Lease Year Period then prevailing. If the index is changed so that the base year differs from that in effect on the Commencement Date, the index shall be converted in accordance with the conversion factor published by the BLS. If the index is discontinued or revised during the Term, such other government index or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the index had not been discontinued or revised. The Annual Rent as adjusted above shall prevail for the subsequent five (5)-Lease Year Period. 4.2 Time for Payment of Annual Rent. The Annual Rent shall be due and payable in arrears not later than the last day of the Lease Year for which such Annual Rent is due. 4.3 Utilities. Tenant shall be responsible for the payment of all water, gas, electricity and other utilities used by Tenant on the Property. 4.4 Taxes and Assessments. 4.4.1 Notice of Possessory Interest; Payment of Taxes and Assessments on Value of Entire Property. In accordance with California Revenue and Taxation Code Section 107.6(a), Landlord states that by entering into this Lease, a possessory interest subject to property taxes may he created. Tenant or other party in whom the possessory interest is vested may be subject to the payment of property taxes levied on such interest. 4.4.2 Payment of Taxes. Subject to any applicable exemptions, Tenant shall pay the real property and/or possessory interest taxes applicable to the Property EXHIBIT "I" Page 11 of 67 1\cdcnt\datal\uscrs\PBcard\pyatok\Final UUA docs\UUA v 6 6 11 s x FINAL FINAL 6-8-11 .doc during the term of this Lease. All such payments shall be made prior to the delinquency date of such payment. Tenant shall promptly furnish Landlord with satisfactory evidence that such taxes have been paid or that an exemption from such taxes has been obtained. If any such taxes paid by Tenant shall cover any period of time prior to or after the expiration of the Term, Tenant's share of such taxes shall be equitably prorated to cover only the period of time within the tax fiscal year during which this Lease shall be in effect, and Landlord shall reimburse Tenant to the extent required. If Tenant shall fail to pay any such taxes, Landlord shall have the right to pay the same, in which case Tenant shall repay such amount to Landlord within ten (10) days after demand from Landlord together with interest at the rate set forth in Section [4.5]. 4.4.3 Definition. As used herein, the term "real property tax" shall include any form of real estate tax or assessment (including, without limitation, on possessory interests), general, special, ordinary or extraordinary, and any license fee, commercial rental tax, improvement bond or bonds, levy or tax (other than inheritance, personal income, or estate taxes) imposed on the Property or any interest (including, without limitation, possessory interests) therein by any authority having the direct or indirect power to tax, including any city, state or federal government, or any school, agricultural, sanitary, fire, street, drainage or other improvement district thereof, as against any legal or equitable interest of Landlord or Tenant in the Property or in the real property of which the Property are a part, as against Landlord's right to rent or other income therefrom, and as against Landlord's business of leasing the Property. The term "real property tax" shall also include any tax, fee, levy, assessment or charge (i) in substitution of, partially or totally, any tax, fee, levy, assessment or charge hereinabove included within the definition of "real property tax," or (ii) the nature of which was hereinbefore included within the definition of "real property tax," or (iii) which is imposed as a result of a transfer, either partial or total, of Landlord's interest in the Property or which is added to a tax or charge hereinbefore included within the definition of real property tax by reason of such transfer, or (v) which is imposed by reason of this lease transaction, any modifications or changes hereto, or any transfers hereof. 4.4.4 Personal Property. Tenant shall pay prior to delinquency all taxes assessed against and levied upon trade fixtures, furnishings, equipment and all other personal property of Tenant contained in the Property or elsewhere. When possible, Tenant shall cause said trade fixtures, furnishings, equipment and all other personal property to be assessed and billed separately from the real property of Landlord. 4.4.6 Apportionment. If any of Tenant's said personal property shall be assessed with Landlord's real property, Tenant shall pay Landlord the taxes attributable to Tenant not later than the later of (a) ten (10) days after receipt of a written statement setting forth the taxes applicable to Tenant's property or (b) fifteen (15) days prior to the date said taxes are due and payable. 4.5 Overdue Interest. Any amount due to Landlord, if not paid when due and before expiration of the applicable grace period, if any, shall bear interest from the date EXHIBIT "I" Page 12 of 67 11cdcnt\datallusers \PBeardyyatoklFinal DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc due until paid at the lower of: (a) the reference or prime rate of Bank of America, N.T. & S.A., in effect from time to time plus three percent (3%); or (b) the highest rate of interest allowed under applicable usury law. ARTICLE 4. RENTAL [PHASE II] 4.1 Rent. The rent shall be the nominal sum of One Dollar ($1.00) per year payable in advance. 4.2 Right to Audit. Tenant shall keep full and accurate books of account, records and other pertinent data with respect to operations of the Project. Such books of account, records, and other pertinent data shall be kept for a period of three (3) years after the end of each Lease Year. Landlord shall be entitled within two (2) years after the end of each Lease Year to inspect and examine all Tenant's books of account, records, and other pertinent data. Tenant shall cooperate fully with Landlord in making the inspection. Landlord shall also be entitled, also within two (2) years after the end of each Lease Year, to an independent audit of Tenant's books of account, records, and other pertinent data. 4.3 Utilities. Tenant shall be responsible for the payment of all water, gas, electricity and other utilities used by Tenant on the Property. 4.4 Taxes and Assessments. 4.4.1 Notice of Possessory Interest; Payment of Taxes and Assessments on Value of Entire Property. In accordance with California Revenue and Taxation Code Section 107.6(a), Landlord states that by entering into this Lease, a possessory interest subject to property taxes may be created. Tenant or other party in whom the possessory interest is vested may be subject to the payment of property taxes levied on such interest. 4.4.2 Payment of Taxes. Subject to any applicable exemptions, Tenant shall pay the real property and/or possessory interest taxes applicable to the Property during the term of this Lease. All such payments shall be made prior to the delinquency date of such payment. Tenant shall promptly furnish Landlord with satisfactory evidence that such taxes have been paid or that an exemption from such taxes has been obtained. If any such taxes paid by Tenant shall cover any period of time prior to or after the expiration of the Term, Tenant's share of such taxes shall be equitably prorated to cover only the period of time within the tax fiscal year during which this Lease shall be in effect, and Landlord shall reimburse Tenant to the extent required. If Tenant shall fail to pay any such taxes, Landlord shall have the right to pay the same, in which case Tenant shall repay such amount to Landlord within ten (10) days after demand from Landlord together with interest at the rate set forth in Section [4.5]. EXHIBIT "I" Page 13 of 67 \\cdcnt\datal\uscrs\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc 4.4.3 Definition. As used herein, the term "real property tax" shall include any form of real estate tax or assessment (including, without limitation, on possessory interests), general, special, ordinary or extraordinary, and any license fee, commercial rental tax, improvement bond or bonds, levy or tax (other than inheritance, personal income, or estate taxes) imposed on the Property or any interest (including, without limitation, possessory interests) therein by any authority having the direct or indirect power to tax, including any city, state or federal government, or any school, agricultural, sanitary, fire, street, drainage or other improvement district thereof, as against any legal or equitable interest of Landlord or Tenant in the Property or in the real property of which the Property are a part, as against Landlord's right to rent or other income therefrom, and as against Landlord's business of leasing the Property. The term "real property tax" shall also include any tax, fee, levy, assessment or charge (i) in substitution of, partially or totally, any tax, fee, levy, assessment or charge hereinabove included within the definition of "real property tax," or (ii) the nature of which was hereinbefore included within the definition of "real property tax," or (iii) which is imposed as a result of a transfer, either partial or total, of Landlord's interest in the Property or which is added to a tax or charge hereinbefore included within the definition of real property tax by reason of such transfer, or (v) which is imposed by reason of this lease transaction, any modifications or changes hereto, or any transfers hereof. 4.4.4 Personal Property. Tenant shall pay prior to delinquency all taxes assessed against and levied upon trade fixtures, furnishings, equipment and all other personal property of Tenant contained in the Property or elsewhere. When possible, Tenant shall cause said trade fixtures, furnishings, equipment and all other personal property to be assessed and billed separately from the real property of Landlord. 4.4.6 Apportionment. If any of Tenant's said personal property shall be assessed with Landlord's real property, Tenant shall pay Landlord the taxes attributable to Tenant not later than the later of (a) ten (10) days after receipt of a written statement setting forth the taxes applicable to Tenant's property or (b) fifteen (15) days prior to the date said taxes are due and payable. 4.5 Overdue Interest. Any amount due to Landlord, if not paid when due and before expiration of the applicable grace period, if any, shall bear interest from the date due until paid at the lower of: (a) the reference or prime rate of Bank of America, N.T. & S.A., in effect from time to time plus three percent (3%); or (b) the highest rate of interest allowed under applicable usury law. ARTICLE 5. POSSESSION OF PROPERTY 5.1 Acceptance of Premises. Tenant hereby accepts the Property. 5.2 Ownership of Improvements. During the term of this Lease title to all Improvements, now existing or later made, on the Property are and shall be vested in EXIIIBIT "I" Page 14 of 67 \\cdcni\datal\users\PBcard\pyatok\Final DDA does\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc Tenant. Tenant shall not, however, remove or demolish any Improvements from the Property except as permitted herein. 5.3 Surrender of Property. 5.3.1 Upon Expiration. Tenant agrees that on expiration or termination of the Term, the Improvements on the Property shall become the property of Landlord, free from any liens or claims whatsoever, without any further compensation therefor from Landlord to Tenant or any other person. 5.3.2 Condition. On expiration or termination of the Term, Tenant shall peaceably and quietly leave and surrender the Property and the Improvements to Landlord in good order, condition and repair, reasonable wear and tear and obsolescence excepted. Tenant shall leave in place and in good order, condition and repair, all fixtures and machinery; except (if Tenant is not then in default under this Lease) Tenant shall have the right to remove only Tenant -owned appliances, other unattached equipment, furniture and merchandise that Tenant shall have installed, which removal must be done without damage to the Property or Improvements. Landlord shall have the right to have the Property and the Improvements inspected at Tenant's cost to determine whether the Property and the Improvements have been properly maintained, repaired and restored in accordance with the terms of this Lease. That notwithstanding, Tenant shall not be responsible for the interior condition of individual occupied apartments on the termination or expiration of this Lease. 5.3.3 Delivery of Documents. Contemporaneous with the expiration or termination of the Term, Tenant shall immediately deliver to Landlord the following: (a) Such documents, instruments and conveyances as Landlord may reasonably request to enable Landlord's ownership of the Property and the Improvements to be reflected of record, including, without limitation, a quitclaim deed in recordable form to the Property and the Improvements. (b) If requested by Landlord, title insurance, surety bond, or other security reasonably acceptable to Landlord insuring against all claims and liens against the Property and the Improvements other than those incurred by Landlord or accepted by Landlord in writing. (c) All construction plans, surveys, permits and other documents relating to the Improvements as may be in the possession of Tenant at the time and from time to time thereafter. (d) All documents and instruments required to be delivered by Tenant to Landlord pursuant to this Section shall be in form reasonably satisfactory to Landlord. EXHIBIT "I" Page 15 of 67 1\cdcnt\datal\users\PBeardlpyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11 doc 5.4 Abandonment. Tenant shall not abandon or vacate the Property or the Improvements at any time during the Term. If Tenant shall abandon, vacate or otherwise surrender the Property or the Improvements, or be dispossessed (other than dispossession as the result of a Substantial Taking or a Taking) thereof by process of law or otherwise, the same shall constitute a default under this Lease on the part of Tenant and, in addition to any other remedy available on the part of Landlord, any of Tenant's property left in, upon or about the Property or the Improvements (except for underground storage tanks) shall, at Landlord's option, be deemed to be abandoned and shall become the property of Landlord. The appointment of a receiver pursuant to a Mortgagee's exercise of its rights under a Mortgage, or the foreclosure of a Mortgage, shall not be a default under this Section. ARTICLE 6. REPRESENTATIONS AND WARRANTIES 6.1 Landlord's Representations. Landlord represents and warrants to Tenant that it owns the Property in fee simple and has the power and authority to enter into this Lease and perform all obligations and agreements incidental or pertinent to the Lease. Landlord makes no representation or warranty with respect to the condition of the Property or its fitness or availability for any particular use, and Landlord shall not be liable for any latent or patent defect therein. 6.2 Tenant's Representations. Tenant represents and warrants to Landlord that it has examined the Property and acknowledges that it hereby accepts possession of the Property in its "AS IS" condition, with all faults and defects, including, without limitation, infestation of or damage to the Property caused by wood -destroying pests or organisms. ARTICLE 7. DEVELOPMENT OF THE PROPERTY 7.1 Construction. Within ten (10) days after the Construction Loan Closing, or such longer period as the Executive Director may approve, Tenant shall commence the Construction. All Improvements, together with all off -site improvements that may be made by reason of governmental requirements as a condition to the Construction upon the Property, shall be constructed in a good and workmanlike manner using materials of good quality and in substantial compliance with the Plans as modified pursuant to this Article [71> and shall comply with all applicable governmental permits, laws, ordinances and regulations. Any of the Plans, including, without limitation, landscaping plans, not approved by the Executive Director as of the Construction Loan Closing shall be subject to the prior approval of the Executive Director. 7.2 Construction Cost. Tenant shall bear the cost of the Construction, including all fees and mitigation measures. EXHIBIT "I" Page 16 of 67 \\cdcnt\data1\users\PBcazd\pyatok\Fina1 DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11 doc 7.3 Changes; Landlord Consent. Except as otherwise provided in this Lease, Tenant shall not make any changes in the Plans without the Executive Director's prior written consent if such change (a) constitutes a material change in the building material or in the architectural design, value or quality of any of the Improvements, or (b) would result in an increase in construction costs in excess of Seventy -Five Thousand Dollars ($75,000.00) for any single change or in excess of Three Hundred Thousand Dollars ($300,000.00) for all such changes. Without limiting the above, Landlord agrees that Tenant may make minor changes which do not change the Projects aesthetics without the Executive Director's prior written consent, provided that such changes do not violate any of the conditions specified herein. 7.3.1 Submission Requirement; Consent Process. Tenant shall submit any proposed material changes in the Plans to the Executive Director at least ten (10) days prior to the commencement of construction relating to such proposed material change. Requests for any material change which requires consent shall be accompanied by working drawings and a written description of the proposed change, submitted on a change order form acceptable to the Executive Director, signed by Tenant and, if required by the Executive Director, also by the Project architect. If a proposed change is approved, then Tenant shall be notified in writing within ten (10) days after submission. If the Executive Director fails to disapprove a proposed change within said ten (10)-day period, and state the reason(s) for such disapproval with reasonable particularity, then the proposed change shall be deemed approved. 7.4 Landlord's Review. Landlord does not have, and by this Lease expressly disclaims, the right to or duty for any review of the Plans for the purpose of determining compliance with building codes, safety features or standards or for the purpose of deter- mining or approving engineering or structural design, sufficiency or integrity. Landlord's approval of a direction or request to change the plans, specifications or drawings submitted by Tenant is not and shall not be a review or approval of the quality, adequacy or suitability of such plans, specifications or drawings, nor of the labor, materials, services or equipment to be furnished or supplied in connection therewith. Landlord does not have and expressly disclaims any right of supervision or control over the architects, designers, engineers or other draft persons and professionals responsible for the drafting and formulation of the Plans, or any right of supervision or control of contractors, builders, trades and other persons engaged in constructing and fabricating the improvements pursuant to the Plans. Landlord further acknowledges that it shall not have any right to disapprove any plan, specification or drawing which logically evolves from any previously approved plan, specification or drawing or to request or require a change in any previously approved item. 7.5 Soil Conditions. Landlord makes no covenants or warranties respecting the condition of the soil or subsoil or any other condition of the Property, provided, however, that the foregoing shall not constitute a release of Landlord under any statute or common law theory. EXIIIBIT "l'> Page 17 of 67 \\cdcnt\datal\usersWBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-5-11-doc 7.6 Diligent Prosecution to Completion. Once the work is begun, Tenant shall, with reasonable diligence, prosecute the Construction to completion. The Construction shall be completed and ready for use not later than the earlier of: (a) seven hundred twenty days (720) days after the Construction Loan Closing (subject to the right to notice and cure set forth in Section [21.1.5]), or (b) the time required to satisfy the requirements of the Proposition 1C Finanacing; provided, however, that the time for completion shall be extended for as long as Tenant shall be prevented from completing the Construction by delays beyond Tenant's control. Additionally, upon the written request of Tenant, the Executive Director may, at his sole and absolute discretion, grant one or more extensions of the date by which the Construction must be completed of, in the aggregate, not more than ninety (90) days. All work shall be performed in a good and workmanlike manner, shall substantially comply with the Plans, and shall comply with all applicable governmental permits, laws, ordinances, and regulations. 7.7 Right of Access. During normal construction hours, representatives of Landlord shall have the reasonable right of access to the Property without charges or fees for the purpose of inspecting the work of the Construction; provided, however, that such representatives shall present and identify themselves at Tenant's construction office, be accompanied by a representative of Tenant while on the Property and obey Tenant's, or its contractor's, safety rules and regulations. In addition, Landlord shall have the right to authorize the City and other public agencies to enter the Property, upon the same terms after reasonable prior written notice to Tenant, for the purpose of constructing, reconstructing, maintaining or repairing any public improvements or public facilities located on the Property. Landlord shall deliver written notice of the identity of its representatives to Tenant before such representatives enter the Property. Landlord hereby indemnifies and holds Tenant, and its contractors, subcontractors, agents, representatives and employees, and the Property, harmless from and against any loss, cost, damage or liability, including, without limitation, attorneys' fees, which results from the exercise by Landlord, or any party acting under Landlord's authority, of the rights granted by this Section. 7.8 Governmental Approvals. If requested by Landlord in writing, Tenant covenants and agrees to deliver to Landlord conformed copies (and certified copies of all recorded instruments) of all governmental approvals and permits obtained by Tenant for the construction, alteration or reconstruction of any Improvements upon the Property in accordance with the Plans. In no event shall Tenant commence construction of any Improvements pursuant to the provisions of this Article [7] until such time as Tenant shall have obtained all necessary governmental approvals and permits to so construct such Improvements. 7.9 Landlord's Right to Discharge Lien. If Tenant does not cause to be recorded the bond described in California Civil Code Section 3143 or otherwise protect the Property under any alternative or successor statute, and a final judgment has been entered against Tenant by a court of competent jurisdiction for the foreclosure of a mechanic's, materiaiman's, contractor's, or subcontractor's lien claim, and if Tenant fails EXHIBIT "I" Page 18 of 67 \\cdcnt\datal\users\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc to stay the execution of the judgment by lawful means or to pay the judgment, Landlord shall have the right, but not the duty, subject to the notice and cure rights of Mortgagees and the Tax Credit Partner set forth elsewhere in this Lease, to pay or otherwise discharge, stay, or prevent the execution of any such judgment or lien or both. Tenant shall reimburse Landlord for all sums paid by Landlord under this Section, together with all Landlord's reasonable attorneys' fees and costs, plus interest on those sums, fees, and costs from the date -of payment until the date of reimbursement at the rate set forth in Section [4.5]. 7.10 Force Majeure. All obligations of Tenant to promptly commence and thereafter diligently prosecute to completion the Construction shall be extended by such number of days as Tenant shall be delayed by reason of events of force majeure pursuant to Article [24]. 7.11 Notice of Non -Responsibility. After the recordation of the Certificate of Completion for the Improvements in the Official Records, Tenant shall provide Landlord with prior written notice of not less than fifteen (15) days before commencing construction of any structural alteration of the Improvements, or any non-structural alteration which will cost more than Twenty -Five Thousand Dollars ($25,000.00), and shall permit Landlord to record and post appropriate notices of non -responsibility on the Property. The foregoing Twenty -Five Thousand Dollar ($25,000.00) limitation shall be increased each calendar year by the corresponding percentage increase in the Index. 7.12 Notice of Completion. On completion of construction of the Improvements, Tenant shall file or cause to be filed a notice of completion. Tenant hereby appoints Landlord as Tenant's attorney -in -fact to file the notice of completion on Tenant's failure to do so after the work of improvement has been substantially completed. 7.13 Subsequent Alterations. Following the Construction in substantial accordance with the Plans, Tenant may from time to time, at its sole expense, make improvements and other alterations to the Property which Tenant reasonably determines to be beneficial. Tenant shall not make any alteration or improvement to the Property the cost of which exceeds Fifty Thousand Dollars ($50,000.00) without Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed. The foregoing dollar amount limitations shall be increased each calendar year by the corresponding increase in the Index. Tenant shall timely pay any obligation incurred by Tenant with respect to any such alterations or improvements that could become a lien against the Property and shall defend, indemnify and hold Landlord harmless in connection therewith. ARTICLE 8. USE OF THE PROPERTY, HAZARDOUS MATERIALS, AND NONDISCRIMINATION 8.1 Definitions Applicable to this Article. All capitalized terms used in this Article [8] and not elsewhere defined shall have the following meanings: EXHIBIT "I" Page 19 of 67 1\cdcnt\datal\uscrs\PBcard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11 doc "Adjusted Income" means the adjusted income of a person (together with the adjusted income of all persons of the age of eighteen (18) years or older who intend to reside with such person in one residential unit) as calculated in the manner prescribed under Section 142(d)(2)(B) of the Code. "Affordable Rent for 30% of Median Income Tenants" means monthly rent (including the Utility Allowance, and excluding any supplemental rental assistance from the State of California, the federal government or any other public agency) not in excess of thirty percent (30%) of one -twelfth (1/12th) of thirty percent (30%) of the Median Income for the Area adjusted for family size appropriate for the Unit. "Affordable Rent for 40% of Median Income Tenants" means monthly rent (including the Utility Allowance, and excluding any supplemental rental assistance from the State of California, the federal government or any other public agency) not in excess of thirty percent (30%) of one -twelfth (1/12th) of forty percent (40%) of the Median Income for the Area adjusted for family size appropriate for the Unit. "Affordable Rent for 50% of Median Income Tenants" means monthly rent (including the Utility Allowance, and excluding any supplemental rental assistance from the State of California, the federal government or any other public agency) not in excess of thirty percent (30%) of one -twelfth (1/12th) of fifty percent (50%) of the Median Income for the Area adjusted for family size appropriate for the Unit. "Affordable Rent for 110% of Median Income Tenants" means monthly rent (including the Utility Allowance, and excluding any supplemental rental assistance from the State of California, the federal government or any other public agency) not in excess of thirty percent (30%) of one -twelfth (1/12th) of one hundred ten percent (110%) of the Median Income for the Area adjusted for family size appropriate for the Unit. "Certificate of Continuing Program Compliance" shall mean the Certificate to be filed annually (or quarterly at the written request of the Executive Director) by Grantee with the Executive Director which shall be substantially in the form attached to this Lease as Exhibit ["C" ). "Code" means the Internal Revenue Code of 1986, as amended, including the Regulations promulgated thereunder or under any predecessor statute. "30% of Median Income Tenants" means persons or families with Adjusted Income that does not exceed thirty percent (30%) of the Median Income for the Area, adjusted for household size. EXHIBIT "I" Page 20 of 67 \\cdcnt\datal\users\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11 doc "40% of Median Income Tenants" means persons or families with Adjusted Income that does not exceed forty percent (40%) of the Median Income for the Area, adjusted for household size. "50% of Median Income Tenants" means persons or families with Adjusted Income that does not exceed fifty percent (50%) of the Median Income for the Area, adjusted for household size. "110% of Median Income Tenants" means persons or families with Adjusted Income that does not exceed one hundred ten percent (110%) of the Median Income for the Area, adjusted for household size. "Median Income for the Area" means the median income for the area as determined and published annually by the Secretary of Housing and Urban Development under Section 8 of the United States Housing Act of 1937, as amended, or if programs under Section 8 are terminated, median income for the Area determined under the method used by the Secretary of Housing and Urban Development prior to such termination. "Utility Allowance" means a monthly allowance for Utility Services based on a utility allowance schedule published annually by Landlord. "Utility Services" means all utility services included on the utility allowance schedule published annually by Landlord. [Note: Following are two (2) versions of Section [8.2], one (1) for Phase I and one (1) for Phase 1L Only the appropriate version will be included in the final form of this Ground Lease for the subject Phase.] 8.2 Affordable Housing (Phase I Version). As hereinafter more particularly provided, Tenant shall use the Property and the Improvements as multi -family rental housing and ancillary purposes as follows: (a) twelve (12) of the Units shall be leased to 30% of Median Income Tenants at Affordable Rent for 30% of Median Income Tenants, of which three (3) of said Units shall be one (1)-bedroom Units, five (5) of said Units shall be two (2)-bedroom Units, and four (4) of said Units shall be three (3)-bedroom Units; (b) twenty-three (23) of the Units shall be leased to 40% of Median Income Tenants at Affordable Rent for 40% of Median Income Tenants, of which five (5) of said Units shall be one (1)-bedroom Units, ten (10) of said Units shall be two (2)-bedroom Units, and eight (8) of said Units shall be three (3)-bedroom Units; and (c) eighteen (18) of the Units shall be leased to 50% of Median Income Tenants at Affordable Rent for 50% of Median Income Tenants, of which three (3) of said Units shall be one (1)- bedroom Units of which nine (9) of said Units shall be two (2)-bedroom Units, and six (6) of said Units shall be three (3)-bedroom Units. The remaining Units (save for one (1) manager's unit) shall be leased to 110% of Median Income Tenants at Affordable Rent for 110% of Median Income Tenants. The one (1) manager's unit, if not so used, shall also be leased to 110% of Median Income Tenants at Affordable Rent for 110% of EXHIBIT "I" Page 21 of 67 \\cdcnt\datal\uses\PBeard\pyatok\Final DDA does\DDA v 6 6 11 s x FINAL FINAL 6-8-11 doc Median Income Tenants. Except for such reasonable periods during which a Unit is, or Units are, being maintained, repaired or rehabilitated, Tenant shall actively market any vacant unit or units and lease it or them as soon as reasonably possible so as to satisfy the subleasing requirements immediately above. Tenant acknowledges and agrees that one (1) of the Units described above shall also coextensively be maintained as affordable under the HOME Program regulations for a term of not less than twenty (20) years. 8.2 Affordable Housing (Phase II Version). As hereinafter more particularly provided, Tenant shall use the Property and the Improvements as multi- family rental housing and ancillary purposes as follows: (a) eleven (11) of the Units shall be leased to 30% of Median Income Tenants at Affordable Rent for 30% of Median Income Tenants, of which one (1) of said Units shall be a studio apartment, three (3) of said Units shall be one (1)-bedroom Units, four (4) of said Units shall be two (2)- bedroom Units, and three (3) of said Units shall be three (3)-bedroom Units; (b) twenty- one (21) of the Units shall be leased to 40% of Median Income Tenants at Affordable Rent for 40% of Median Income Tenants, of which two (2) of said Units shall be studio apartments, five (5) of said Units shall be one (1)-bedroom Units, eight (8) of said Units shall be two (2)-bedroom Units, and six (6) of said Units shall be three (3)-bedroom Units; and (c) thirteen (13) of the Units shall be leased to 50% of Median Income Tenants at Affordable Rent for 50% of Median Income Tenants, of which two (2) of said Units shall be one (1)-bedroom Units, of which five (5) of said Units shall be two (2)-bedroom Units, and six (6) of said Units shall be three (3)-bedroom Units. The remaining Units (save for one (1) manager's unit) shall be leased to 110% of Median Income Tenants at Affordable Rent for 110% of Median Income Tenants. The one (1) manager's' unit, if not so used, shall also be leased to 110% of Median Income Tenants at Affordable Rent for 110% of Median Income Tenants. Except for such reasonable periods during which a Unit is, or Units are, being maintained, repaired or rehabilitated, Tenant shall actively market any vacant unit or units and lease it or them as soon as reasonably possible so as to satisfy the subleasing requirements immediately above. 8.2.1 Subtenant Selection. In the selection of subtenants for occupancy of the Units, Tenant shall give priority to eligible persons and families displaced by Landlord or by the National City Redevelopment Agency. Any such priority shall be subject to the rules and regulations of the Tax Credit Program and to each such subtenant meeting screening criteria (pursuant to the management plan delivered by Tenant to Commission pursuant to Section {11.4(q) or 12.4(q) of the DDA) approved by the Executive Director, which approval shall not be unreasonably withheld. 8.3 Increase in Person's or Family's Income. For purposes of satisfying the obligation to rent the dwelling units as set forth in Section [8.2] above, a person or family who at the commencement of his, hers or its occupancy qualified as a 30%, 40%, 50% or 110% of Median Income Tenant shall continue to be treated as such Tenant irrespective of any later increase in his, her or their income. A Unit occupied by a 30%, 40%, 50% or EXHIBIT "I" Page 22 of 67 \cdcnt\data]\nsers\FBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11 doc 110% of Median Income Tenant shall be deemed, upon the termination of such person's or family's occupancy, to be continuously occupied by such 30%, 40%, 50% or 110% of Median Income Tenant until reoccupied, provided that Owner actively, diligently and continuously markets such Unit for occupancy by a Tenant of the same income classification. 8.4 Section 8 Certificate Holders. Tenant shall accept as Low -Income Tenants, on the same basis as all other prospective Low -Income Tenants, persons and families that are recipients of federal certificates for rent subsidies pursuant to the existing program under Section 8 of the United States Housing Act of 1937, as amended, or its successor, and shall not apply selection criteria to Section 8 certificate holders that are more burdensome than the criteria applied to all other prospective Low -Income Tenants. Tenant agrees to modify the subleases for the Units, as necessary, to allow the rental of Units to Section 8 certificate holders. 8.5 Rent Increases. Tenant may adjust the Affordable Rents in accordance with periodic revisions to the Median Income for the area by the U.S. Secretary of Housing and Urban Development; provided, however, that the Affordable Rent for any Unit may not be increased more often than one time per 12-month period, and only after at least thirty (30) days prior written notice to the affected Low -Income Tenant. 8.6 Initial Income Certification. Immediately prior to the initial occupancy of each subtenant, and at least annually thereafter, Tenant shall obtain, in substantially the form set forth on Exhibit ["B"], current income certification statements for each subtenant. Tenant shall make a good faith effort to verify each income certification statement provided by an applicant for subtenancy or a subtenant by taking one or more of the following steps as part of the verification process: (a) obtain a pay stub for the most recent pay period, (b) obtain an income tax return for the most recent tax year, (c) conduct a credit rating or similar search, (d) obtain an income verification form from the applicant's or subtenant's current employer, (e) obtain an income verification form from the Social Security Administration and/or the California Department of Social Services if the applicant receives assistance from either of such agencies, or (f) if the applicant is unemployed and has no such tax return, obtain another form of independent verification. Tenant shall maintain each such income certification statement on file for not less than three (3) years. 8.7 Annual Recertification. Not less than annually, Tenant shall obtain and maintain a file, again in substantially the form set forth in Exhibit ["B"], of current income recertification statements for each subtenant. Tenant shall make a good faith effort to verify each income recertification statement in the manner described in Section [8.6]. Tenant shall also maintain each such income recertification statement on file for not less than three (3) years. 8.8 Form of Sublease. The form of sublease or subrental agreement used by Tenant shall clearly notify subtenants that Tenant has relied on the income certification EXHIBIT "I" Page 23 of 67 Ucdcnt\datal\users\PBeard\pyatok\Fial DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-1 I.doc supplied by the subtenant, and will rely on the annual income recertification to be supplied by the subtenant, in determining qualification for occupancy at Affordable Rent, and that any material misstatement in such certification or recertification will be cause for immediate termination of such sublease or subrental agreement. 8.9 Low -Income Housing Tax Credit Program. Notwithstanding anything contained in this Lease to the contrary, if and when the Property is subject to the requirements of the Federal Low -Income Housing Tax Credit Program under the provisions of Section 42 of the Code (the "Tax Credit Program"), and there is a conflict between the requirements of the Tax Credit Program, the HOME Program (as to the one (1) Unit required to be maintained as affordable thereunder) and the affordability provisions set forth in Sections [8.1] through [8.8] above, inclusive, then (a) as to the Units described in Section [8.2(a) and (b)], above, the Tax Credit Program provisions shall prevail, and (b) as to the Units described in Section 8.2(c), above, the more restrictive terms and conditions provisions shall prevail. 8.10 Access and Reporting. Tenant shall permit the representatives of Landlord at any time or from time to time, upon one business day's notice, to inspect, audit and copy all of its properties, books, records and accounts. Tenant shall maintain a system of accounting established and administered in accordance with sound business practices to permit preparation of financial statements which shall be in conformity with GAAP basis of accounting. Tenant shall furnish or cause to be furnished to Landlord the following: (a) Notice of Default. As soon as possible, and in any event not later than five (5) days after the occurrence of any Event of Default, a statement of an officer of Tenant describing the details of such Event of Default and any curative action Tenant proposes to take; (b) Annual Statements. As soon as available, and in any event not later than one hundred twenty (120) days after the close of each fiscal year of Tenant, financial statements of Tenant, including a profit and loss statement, reconciliation of capital accounts and a consolidated statement of changes in financial position of Tenant as at the close of and for such fiscal year, all in reasonable detail, certified as provided in clause (a) above by an officer or partner of Tenant and, upon request of Landlord, if total Operating Expenses for such year exceed the total amount set forth in the Approved Budget by more than five percent (5%), accompanied by a compilation report prepared by a firm of certified public accountants, and in a format, each reasonably acceptable to the Executive Director; (c) Pro Forma Budget. As soon as available and in any event not later than December 15 of each calendar year beginning with the year in which Construction is completed, Tenant shall provide Landlord, for the Executive Director's approval, with a detailed projection of Operating Income and budgets EXHIBIT "I" Page 24 of 67 \\cdcntdlatal\uscrs\PBeard\pyatok\Final DDA docs\DDA v 6 6 I1 s x FINAL FINAL 6-8-I I.doc of estimated Operating Expenses for the immediately succeeding calendar year (the "Pro Forma Budget") and a detailed Cash Flow projection for the next succeeding year. Tenant shall also submit to Landlord on request additional detail, information and assumptions used in the preparation of the Pro Forma Budget. Within fifteen (15) days following its receipt of the Pro Forma Budget, Landlord shall deliver to Tenant its written approval or disapproval thereto, which approval shall not be unreasonably withheld. If Landlord disapproves the Pro Forma Budget, it shall set forth its reasons with reasonable specificity. If Landlord fails to indicate either its approval or disapproval of the Pro Forma Budget within such period, then Landlord shall be deemed to have approved the Pro Forma Budget as submitted by Tenant. Once the Pro Forma Budget is approved or deemed approved by Landlord, such approved Pro Forma Budget shall become the "Approved Budget" for the entire applicable calendar year. Tenant shall use commercially reasonable efforts to operate the Property during such calendar year within the Approved Budget; provided, however, that the Tenant shall not be required to obtain the approval of Landlord for any deviation from the Approved Budget so long as the total Operating Expenses and expenditures for Capital Improvements paid or incurred during such calendar year do not exceed the originally budgeted amount thereof in the Approved Budget by more than five percent (5%) in the aggregate. To the extent required hereunder, any request by Tenant to deviate from the Approved Budget shall be submitted to Landlord in writing with an explanation thereof and shall be accompanied by supporting information for the request. Landlord shall reasonably respond to any such request within fifteen (15) days of the receipt of same and if Landlord fails to do so, such request shall be deemed to be approved; (d) Tax Returns. As soon as available, and in any event not later than at the time of filing with the Internal Revenue Service, the federal tax returns (and supporting schedules, if any) of Tenant; (e) Certificate of Performance. Concurrently with delivery of each of the financial statements provided for in clause (b) above, a certificate of an officer or partner of Tenant stating that Tenant has, in all material respects, performed and observed each of its covenants contained in this Lease and that no Event of Default or Potential Default has occurred or, if any such event has occurred, specifying its nature; (f) Redevelopment Monitoring. Tenant shall submit to Landlord on an annual basis the annual report required by Section 33418 of the California Health and Safety Code. The annual report shall include for each dwelling unit the rental rate and the income and the family size of the occupants. EXHIBIT "I" Page 25 of 67 \\edcnt\datal\users\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc (g) Rent Roll. As soon as possible and in any event not later than forty-five (45) days after the close of each calendar quarter, the rent roll as of the end of such calendar quarter setting forth such information, and in such format, as is reasonably acceptable to the Executive Director; (h) Audit Reports. Promptly upon receipt thereof, copies of all reports submitted to Tenant by independent certified public accountants in connection with each annual, interim or special audit of the financial statements of Tenant made by such accountants, including the comment letter submitted by such accountants to management in connection with their annual audit; (i) Notices, Certificates or Communications. Immediately upon giving or receipt thereof, copies of any notices, certificates or other communications given by or on behalf of Tenant or received by or on behalf of Tenant from lenders pursuant to or in connection with any of the loan documents, as well as any notices and other communications delivered to the Property or to Tenant naming Landlord or the "Construction Lender" as addressee, or which could reasonably be deemed to affect the Construction or the ability of Tenant to perform its obligations to Landlord; (j) Monthly Leasing Report. As soon as available and in no event later than the twenty fifty (25th) day of every calendar month, a monthly property analysis report for the Property indicating the current leasing status for the Property; (k) Monthly Operating Statements. As soon as available and in no event later than the twenty-fifth (25th) day of every calendar month, commencing with the first full calendar month following commencement of lease -up of the Property, a "Monthly Operating Statement" showing all Operating Income, Operating Expenses, Debt Service and any other amounts taken into consideration in computing Net Operating Income, Operating Deficits, and/or Cash Flow, as applicable, for the prior month, in a form reasonably satisfactory to the Executive Director; (1) Certificate of Continuing Program Compliance. Tenant shall submit to Landlord on an annual basis the Certificate of Continuing Program Compliance. (m) Other Information. Such other documents and information relating to the affairs of Tenant and the Property as Landlord reasonably may request from time to time which Tenant can provide for a reasonable cost. 8.11 Onsite Manager. Tenant, through an onsite professional property manager or property management company, shall manage the Project or cause it to be managed. Any manager or management company retained to act as agent for Tenant in EXHIBIT "I" Page 26 of 67 llcdcnt\datal\nsers\PBeard\pyatok\Final DDA dots\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc meeting the obligation of providing an onsite manager shall be subject to prior written approval of the Executive Director, which approval shall not be unreasonably withheld or delayed. Related Management Company, L.P. ("RMC") is hereby approved by Landlord as the initial property manager. In exercising his/her approval rights hereunder, the Executive Director may require proof of ability and qualifications of the manager and/or management company based upon (i) prior experience, (ii) assets, and (iii) other factors determined by the Executive Director as necessary. Furthermore, upon sixty (60) days prior written demand from Landlord with cause, Tenant shall remove and replace a property manager and/or property management company. In any agreement with a property manager or property management company ("Management Agreement"), Tenant shall expressly reserve the right to terminate such agreement upon written demand of Landlord with cause. That notwithstanding, Landlord agrees that RMC shall be entitled to a thirty (30)-day notice of default and a reasonable opportunity to cure before any such termination. 8.12 No Use of Hazardous Materials on the Property. Tenant covenants and agrees that it shall not, and that it shall not permit any subtenant to, treat, use, store, dispose, release, handle or otherwise manage Hazardous Materials on the Property from and after the date hereof except in connection with any construction, operation, maintenance or repair of the Improvements or in the ordinary course of its business, and that such conduct shall be done in compliance with all applicable federal, state and local laws, including all Environmental Laws. Tenant's violation of the foregoing prohibition shall constitute a breach hereunder and Tenant shall indemnify, hold harmless and defend the Landlord for such violation as provided below. 8.13 Notice and Remediation by Tenant. Tenant shall promptly give the Landlord written notice of any significant release of any Hazardous Materials, and/or any notices, demands, claims or orders received by Tenant from any governmental agency pertaining to Hazardous Materials which may affect the Property. 8.14 Environmental Indemnity. Tenant agrees to indemnify, protect, hold harmless, and defend (with counsel reasonably satisfactory to Landlord) the Indemnitees from and against any and all losses, costs, claims, expenses, damages (including, without limitation, foreseeable or unforeseeable consequential damages), and liabilities directly or indirectly arising out of or in any way connected with (a) Tenant's breach or violation of any covenant, prohibition or warranty in this Lease concerning Hazardous Materials, or (b) the activities, acts or omissions of Tenant, its employees, contractors or agents on or affecting the Property from and after the Commencement Date, including but not limited to the release of any Hazardous Materials or other kinds of contamination or pollutants of any kind into the air, soil, groundwater or surface water on, in, under or from the Property. This indemnification supplements and in no way limits the scope of the indemnification set forth in Article [13]. 8.15 Termination; Subtenants. The agreements and obligations of Tenant under this Article [8] with regard to indemnification of Landlord shall survive the EXHIBIT "1" Page 27 of 67 \\cdcntklata 1\users\PReard\pyatok\Final DDA does DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc scheduled termination or sooner expiration of the Term for any reason, for five (5) years and all claims relating thereto must be delivered in writing to Tenant within such period. That notwithstanding, the extension of time within which to deliver a claim to Tenant shall not extend, beyond the date of expiration or termination of this Lease, the period in which Claims may arise. No action by any subtenant in violation of its sublease shall constitute a cause to terminate this Lease provided that Tenant diligently pursues its available remedies against such subtenant. 8.16 Nondiscrimination. There shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, marital status, national origin, or ancestry, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the Property nor shall the Tenant itself, or any person claiming under or through Tenant, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants, or vendees in the Property. 8.17 Form of Nondiscrimination and Nonsegregation Clauses. Tenant covenants and agrees for itself, its successors, its assigns and every successor in interest to the Property or any part thereof, that it shall refrain from restricting the lease, sublease, rental, transfer, use, occupancy, tenure, or enjoyment of the Property (or any part thereof) on the basis of sex, marital status, race, color, religion, creed, ancestry or national origin of any person. All such leases, or contracts pertaining thereto shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: 8.17.1 In leases: "The lessee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through them, and this lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any person or group of persons, on account of sex, marital status, race, color, religion, creed, national origin, or ancestry, in the leasing, subleasing, renting, transferring, use, occupancy, tenure or enjoyment of the land herein leased, nor shall lessee itself, or any person claiming under or through it, establish or permit such practice or practices of discrimination or segregation with reference to the selection, location, number, or occupancy of tenants, lessees, sublessees, tenants, or vendees in the land herein leased." 8.17.2 In contracts: "There shall be no discrimination against or segregation of, any person or group of persons on account of sex, marital status, race, color, religion, creed, national origin or ancestry in the sale, lease, sublease, rental, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the transferee itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees of the land." EXHIBIT "P" Page 28 of 67 \lcdcnt\datal\uscrs\PBeard\pyatok\Foal DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11 doc 8.18 Social Services. From not later than six (6) months after the date of issuance of a temporary certificate of occupancy for the Project until expiration of the Term, Tenant shall provide, or cause to be provided by a reasonably qualified person or firm, services to the residents of the Project in accordance with the plan therefor attached hereto as Exhibit ["D,"] as such plan may be amended from time to time with the consent of the Executive Director. Community HousingWorks is hereby approved by Landlord as the initial provider of such social services 8.19 Effect and Duration of Covenants. Subject to Section [8.21] below, the covenants established in this Article shall, without regard to technical classification and designation, be binding on Tenant and any successor in interest to the Property, or Tenant's leasehold interest therein, or any part thereof, for the benefit and in favor of the Landlord, its successors and assigns, and the City until the expiration of the Term, except to the extent said covenant expressly provides that it shall survive the expiration of the Term. 8.20 Indemnification. Tenant hereby saves, defends, indemnifies and holds the Indemnitees harmless from and against any and all losses, costs, damages or liabilities, including, without limitation, attorneys' fees and costs, which result from the breach of any representations and warranties contained in this Article [8]. 8.21 Terminable Upon Foreclosure. Notwithstanding anything contained in this Lease to the contrary, upon foreclosure of a Mortgage, or acceptance by a Mortgagee of an assignment or deed in lieu of foreclosure, Section [8.1] through Section [8.16], inclusive, and Section [8.20] of this Lease shall be terminable by the purchaser at the foreclosure sale, or the assignee or grantee of a deed in lieu of foreclosure, by notice to Landlord. Termination of such Sections pursuant to this provision shall not affect the validity of the remaining provisions of this Lease and Tenant's rights hereunder. ARTICLE 9. INSURANCE 9.1 Landlord Not Liable. Except as the result of the sole or willful negligence or intentional acts or omissions by Landlord or its representatives, employees or agents, or as otherwise expressly set forth herein, Landlord shall not be liable for injury to Tenant's business or any loss of income therefrom or for any damage or liability of any kind or for any injury to or death of persons or damage to property of Tenant, or to Tenant's agents, employees, servants, contractors, subtenants, licensees, concessionaires, customers or business invitees or any other person which occurs on the Property during the Term. 9.2 Indemnification. Except as the result of the sole or willful negligence or intentional acts or omissions by Landlord or its representatives, employees or agents, Tenant shall indemnify, defend and hold the Indemnitees harmless from and against all liability, loss, damage, cost or expense (including attorneys' fees and court costs) arising from or as a result of the death of any person or any accident, injury, loss or damage EXHIBIT "T' Page 29 of 67 \\cdent\datal\users\PBeard\pyatok\Final DDA da s\DDA v 6 6 II s x FINAL FINAL 6-8-11-doc whatsoever caused to any person or to the property of any person caused by Tenant's performance of its obligations under this Lease or any errors or omissions of Tenant, whether such performance, errors or omissions of Tenant be made by Tenant, its contractors or subcontractors, or anyone directly or indirectly employed by Tenant, and whether such damage shall accrue or be discovered before or after the termination of this Lease. This indemnification provision supplements and in no way limits the scope of the indemnifications in Article [13]. The indemnity obligation of Tenant under this Article shall survive the expiration or termination, for any reason, of this Lease. This Section notwithstanding, indemnification with respect to Hazardous Materials shall be governed by Section [8.14]. 9.3 Insurance. From and after the Commencement Date until the termination of this Lease, Tenant shall take out and maintain the following types of insurance in the forms and amounts (as may be increased each calendar year by the corresponding increase in the Index) set forth below, at Tenant's sole expense. Notwithstanding the amounts of insurance set forth below, the Executive Director shall have the right, but not the obligation, to reduce the amounts required from time to time. 9.3.1 Comprehensive General Liability in an amount not less than Two Million Dollars ($2,000,000.00) combined single limit for each occurrence or Four Million Dollars ($4,000,000.00) general aggregate for bodily injury, personal injury and property damage including contractual liability. The limits of this insurance shall be increased to an amount not less than Five Million Dollars ($5,000,000.00) combined single limit upon the recordation of the Certificate of Completion for any of the Improvements in the Official Records. The Indemnitees shall be covered as additional insureds with respect to liability arising out of activities by or on behalf of Tenant or in connection with the use or occupancy of the Property. Coverage shall be in a form acceptable to the City Risk Manager and shall be primary and non-contributing with any insurance or self-insurance maintained by City or Commission. 9.3.2 Automobile Liability in an amount not less than One Million Dollars ($1,000,000.00) combined single limit per accident for bodily injury and property damage covering owned, non -owned and hired vehicles. 9.3.3 Workers' Compensation as required by the Labor Code of the State of California and Employers' Liability insurance in an amount not less than One Million Dollars ($1,000,000.00). 9.3.4 "All Risk" property including builder's risk protection during the course of construction, covering the full replacement value of the Improvements constructed on or about the Property by Tenant. Said insurance shall include debris removal, and, if typically carried upon similar affordable housing projects in San Diego County, California, coverage for earthquake and flood if this protection is required by the Senior Lender. Landlord shall be named as insured under a standard loss payable endorsement. EXHIBIT "I" Page 30 of 67 \\cdcnt\datallusers\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc 9.4 Other Insurance. Tenant shall also obtain and maintain such other insurance in forms and amounts reasonably required from time to time by Landlord or the City Risk Manager for protection against the same or other insurable hazards which are then typically insured against by similar properties in San Diego County, California, provided that such coverage is available at commercially reasonable rates. 9.5 Contractors. All contractors employed by Tenant with contracts of Fifty Thousand Dollars ($50,000.00) or more shall be required to furnish evidence of Comprehensive General Liability insurance subject to all the requirements stated herein with limits of not less than One Million Dollars ($1,000,000.00) combined single limit each occurrence. The Indemnitees shall have the right to receive evidence of compliance with the foregoing by contractors at any time upon written request therefor. 9.6 Acceptable Terms of Coverage. Acceptable insurance coverage shall be placed with carriers admitted to write insurance in California, or carriers with a rating of or equivalent to A-:VIII by A.M. Best & Company. Any deviation from this rule shall require specific approval in writing from the City's Risk Manager. Any deductibles in excess of Twenty -Five Thousand Dollars ($25,000.00) per occurrence or self -insured retentions must be declared to and approved by the City Risk Manager. At the option of the City Risk Manager, Tenant may be required to reduce or eliminate such deductibles or self -insured retentions or to procure a bond guaranteeing payment of losses and related investigations, claim administration and defense costs. In the event such insurance provides for deductibles or self -insured retention, Tenant agrees that it will fully protect the Indemnitees in the same manner as those interests would have been protected had the policy or policies not contained a deductible or retention. Coverage under each policy shall not be suspended, avoided or canceled by either party except after thirty (30) days' prior written notice to Landlord. Tenant shall furnish the Indemnitees with certificates of insurance and with original endorsements effecting coverage as required under this Article. The certificates and endorsements for each insurance policy shall be signed by a person authorized by the insurer to bind coverage on its behalf. The Indemnitees reserve the right to require complete certified copies of all insurance policies not previously provided at any time. 9.7 Blanket Coverage. Notwithstanding anything to the contrary set forth in this Article [9], Tenant's obligations to carry the insurance provided for herein may be brought within the coverage of a so-called blanket policy or policies of insurance carried and maintained by Tenant; provided, however, (i) that the Indemnitees and other parties in interest to it shall be named as additional insureds as their interests may appear, and (ii) that the coverage afforded the Indemnitees will not be reduced or diminished by reason of the use of such blanket policy of insurance, and (iii) that the requirements set forth in this Article [9], are otherwise satisfied. 9.8 Waiver of Subrogation. Each policy of insurance procured pursuant to Article [9] shall contain, if obtainable upon commercially reasonable terms, either (i) a EXHIBIT Page 31 of 67 1\cdc t\data)\users\PBeard\pyatok\Final DDA does\DDA v 6 6 11 s x FINAL FINAL 6 8-11-doc waiver by the insurer of the right of subrogation against either party hereto for negligence of such party, or (ii) a statement that the insurance shall not be invalidated should any insured waive in writing prior to a loss any or all right of recovery against any party for loss accruing to the property described in the insurance policy. Each of the parties hereto waives any and all rights of recovery against the other, or against the officers, employees, agents and representatives of such other party, for loss or damage to such waiving party or its property orthe property of others under its control, arising from any cause insured against under the form of insurance policies required to be carried pursuant to Article [9] of this Lease or under any other policy of insurance carried by such waiving party. ARTICLE 10. MAINTENANCE; REPAIRS; ALTERATIONS; RECONSTRUCTION 10.1 General Maintenance. Throughout the Term, Tenant shall, at Tenant's sole cost and expense, maintain the Property and the Improvements in good condition and repair, ordinary wear and tear excepted, and in accordance with all applicable federal, state and local laws, ordinances and regulations of (a) governmental agencies and bodies having or claiming jurisdiction and all their respective departments, bureaus, and officials, (b) insurance underwriting boards or insurance inspection bureaus having or claiming jurisdiction, and (c) all insurance companies insuring all or any part of the Property or the Improvements, or both. 10.2 Program Maintenance. In addition to the routine maintenance and repair required pursuant to Section [10.1], Tenant shall perform the following programmed maintenance on the Improvements: (a) Interior painting and window covering replacement at least every five (5) years; (b) Exterior painting at least every ten (10) years; (c) Repair and resurfacing of parking areas and walkways at least every five (5) years; and (d) Replacement of all deteriorated or worn landscaping and play equipment at least every five (5) years. Upon the request of Tenant, the Executive Director, at his sole and absolute discretion, may grant a waiver or deferral of any program maintenance requirement. Tenant shall keep such records of maintenance and repair as are necessary to prove performance of the program maintenance requirements. ARTICLE 11. OWNERSHIP OF AND RESPONSIBILITY FOR IMPROVEMENTS EXHIBIT "I" Page 32 of 67 \\cdcnt\data 1\users\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-1 1doc 11.1 Ownership During Term. 11.1.1 Improvements. All Improvements on the Property as permitted or required by this Lease shall, during the Term, be and remain the property of Tenant, and Landlord shall not have title thereto. Tenant shall not, however, demolish or remove any Improvements from the Property except as peinutted herein. 11.1.2 Personal Property. All personal property, furnishings, fixtures and equipment, including, without limitation, Tenant -owned appliances, which are not so affixed to the Property or the buildings thereon as to require substantial damage to the buildings upon removal thereof shall constitute personal property including, but not limited to: (a) functional items related to the everyday operations of the Property; (b) personal property furnishings, fixtures and equipment of the nature or type deemed by law as permanently resting upon or attached to the buildings or land by any means, including, without limitation, cement, plaster, nails, bolts or screws, or essential to the ordinary and convenient use of the Property and the Improvements. At any time during the Term and at termination thereof, Tenant shall have the right to remove any and all such personal property, furnishings, fixtures and equipment; provided, that Tenant repairs any damage to the Property or the Improvements caused by such removal. 11.1.3 Basic Building Systems. For purposes of this Lease, the personal property, furnishings, fixtures and equipment described in this Section [11.1] shall not include those major building components or fixtures necessary for operation of the basic building systems such as, but not limited to, the elevators, plumbing, sanitary fixtures, heating and central air-cooling system. 11.2 Ownership at Expiration or Termination. 11.2.1 Property of Landlord. At the expiration or earlier termination of the Term, except as provided in Section [11.2.2], all Improvements which constitute or are a part of the Property shall become (without the payment of compensation to Tenant or others) the property of Landlord free and clear of all claims and encumbrances on such Improvements by Tenant, and anyone claiming under or through Tenant, except for such title exceptions permitted or required during the Term. Tenant shall then quitclaim to Landlord any and all rights, interests and claims to the Improvements. Tenant agrees to and shall defend, indemnify and hold Landlord harmless from and against all liability and loss which may arise from the assertion of any such claims and any encumbrances on such Improvements (except claims arising due to Landlord's actions) and except for such title exceptions permitted or required during the Term. 11.2.2 Removal by Tenant. Tenant shall not be required or permitted to remove the Improvements, or any of them, at the expiration or sooner termination of the Term; provided, however, that, within thirty (30) days following the expiration or sooner termination of the Term, Tenant may remove all personal property, furniture, and equipment. EXHIBIT "I" Page 33 of 67 1\cdent\datal\uscrs\PBcard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-1 Ldoc 11.2.3 Unremoved Property. Any personal property, furnishings or equipment not removed by Tenant within thirty (30) days after the expiration or sooner termination of the Term, shall, without compensation to Tenant, become Landlords' property, free and clear of all claims to or against them by Tenant or any third person, firm or entity arising by, through or under Tenant. 11.2.4 Maintenance and Repair of Improvements. Subject to the provisions of this Lease concerning condemnation, alterations and damage and destruction, Tenant agrees to assume full responsibility for the operation and maintenance of the Property and the Improvements and all fixtures and furnishings thereon or therein throughout the Term hereof without expense to Landlord, and to perform all repairs and replacements necessary to maintain and preserve the Property, the Improvements, fixtures and furnishings in a decent, safe and sanitary condition consistent with good practices and in compliance with all applicable laws. Tenant agrees that Landlord shall not be required to perform any maintenance, repairs or services, or to assume any expense not specifically assumed herein in connection with the Property and the Improvements thereon unless specifically required under the terms of this Lease. Except as otherwise provided in this Section [11.2] and in Section [11.4], the condition of the Improvements required to be maintained hereunder upon completion of the work of maintenance or repair shall be equal in value, quality and use to the condition of such Improvements before the event giving rise to the work. 11.3 Waste. Subject to the alteration rights of Tenant and damage and destruction or condemnation of the Property or any part thereof, Tenant shall not commit or suffer to be committed any waste of the Property or the Improvements, or any part thereof. Tenant agrees to keep the Property and the Improvements clean and clear of refuse and obstructions, and to dispose properly of all garbage, trash and rubbish. 11.4 Alteration of Improvements. Except as provided in Section [7.1], Tenant shall not make or permit to be made any material, exterior alteration of, addition to or change in, the Improvements which would materially affect the exterior elevations (including materials selection and color) or the size, bulk and scale of the Property, other than routine maintenance and repairs, nor demolish all or any part of the Improvements, without the prior written consent of Landlord. Nothing herein shall prohibit interior alterations or decorations, or the removal and replacement of interior improvements consistent with the specified use of the Property. In requesting consent for such exterior improvements as required by the foregoing, Tenant shall submit to Landlord detailed plans and specifications of the proposed work and an explanation of the need and reasons thereof. Tenant may make such other improvements, alterations, additions or changes to the Improvements which do not materially affect the exterior elevations (including EXHIBIT "I" Page34of67 \\cdcnt\datal\users\pBeard\pyatok\Final DDA does\DDA v 66 11 s x FINAL FINAL 6-8-11.doc materials selection and color) or the size, bulk and scale thereof without Landlord's prior written consent. Notwithstanding the prohibition in this Section [11.4], Tenant may make such changes, repairs, alterations, improvements, renewals or replacements to the exterior elevations, materials, size, bulk or scale of the Improvements as are required (a) by reason of any law, ordinance, regulation or order of a competent government authority, (b) for the continued safe and orderly operation of the Property, or (c) to continue to receive the Low Income Housing Tax Credit. ARTICLE 12. SIGNS Tenant shall not place or suffer to be placed on the Property or upon the roof or any exterior door or wall or on the exterior or interior of any window of the Improvements, any sign, awning, canopy, marquee, advertising matter, decoration, lettering or other thing of any kind (exclusive of the signs, awnings and canopies, if any, which may be provided for in the Plans) without the written consent of the Executive Director first had and obtained. ARTICLE 13. INDEMNIFICATION Tenant will protect, indemnify and save the Indemnitees harmless from and against all liabilities, obligations, claims, damages, penalties, causes of action, judgments, costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) imposed upon or incurred by or asserted against Landlord, or the Property or the Improvements during the Term, unless caused solely by the willful act or gross negligence of Landlord, by reason of (a) any accident or injury to or death of persons or loss of or damage to property occurring on or about the Property or the Improvements, (b) any failure on the part of Tenant to perform or comply with any of the terms of this Lease, or (c) any negligence or tortious act on the part of Tenant or any of its agents, employees, contractors, subtenants, licensees or invitees. In the event that any action, suit or proceeding is brought against the Indemnitees by reason of any such occurrence, Tenant, upon Landlord's request, will, at Tenant's expense, defend such action, suit or proceeding with counsel approved by Landlord. This Section notwithstanding, indemnification with respect to Hazardous Materials shall be governed by Section [8.14]. ARTICLE 14. DAMAGE OR DESTRUCTION OF PROPERTY OR IMPROVEMENTS 14.1 Tenant's Repair Obligation. 14.1.1 In case of damage to or destruction of the Property or the Improvements, or any part thereof, by fire or other cause at any time during the Term of this Lease, Tenant, if and to the extent insurance proceeds are available, shall restore the same as nearly as possible to their value, condition and character immediately prior to such EXHIBIT "I" Page 35 of 67 \\cdcnt\fatal\users\PIIeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc damage or destruction. Such restoration shall be commenced with due diligence and in good faith, and prosecuted with due diligence and in good faith, unavoidable delays excepted. 14.1.2 In case of damage to or destruction of the Improvements by fire or other cause resulting in a loss exceeding in the aggregate Ten Thousand Dollars ($10,000), Tenant shall promptly give written notice thereof to Landlord. 14.2 Tenant's Restoration of Premises. 14.2.1 If, during the Term, the Improvements are damaged or destroyed, and the total amount of loss does not exceed thirty-three percent (33%) of the replacement value of the Improvements, Tenant shall make the loss adjustment with the insurance company insuring the loss, with the approval of Landlord, which approval shall not be unreasonably withheld or delayed. The proceeds shall be paid directly to a Mortgagee, if any, and if there is not a Mortgagee, to Landlord and Tenant for the sole purpose of making the restoration of the Improvements in accordance with this Article 114]. 14.2.2 If, during the Term, the Improvements are damaged or destroyed, and the total amount of loss exceeds thirty-three percent (33%) of the replacement value of the Improvements, Tenant shall make the loss adjustment with the insurance company insuring the loss, with the approval of Landlord, which approval shall not be unreasonably withheld or delayed, and the insurance company shall immediately pay the proceeds to a bank or trust company designated by Landlord and approved by Tenant ("Insurance Trustee"), which approval shall not be unreasonably withheld or delayed. Any leasehold mortgagee shall be an acceptable Insurance Trustee. All sums deposited with the Insurance Trustee shall be held for the following purposes and the Insurance Trustee shall have the following powers and duties: (a) The sums shall be paid in installments by the Insurance Trustee to the contractor retained by Tenant and approved by Landlord as construction progresses, for payment of the cost of restoration. A ten percent (10%) retention fund shall be established that will be paid to the contractor on completion of restoration, payment of all costs, expiration of all applicable lien periods, and proof that the Property and the Improvements are free of all mechanics' liens and lienable claims; (b) Payments shall be made on presentation of certificates or vouchers from the architect or engineer retained by Tenant and approved by Landlord (which approval shall not be unreasonably withheld or delayed) showing the amount due. If the Insurance Trustee, in its reasonable discretion, determines that the certificates or vouchers are being improperly approved by the architect or engineer retained by Tenant, the Insurance Trustee shall have the right to appoint an architect or an engineer to supervise construction and to make EXHIBIT "I" Page 36 of 67 1\cdcnt\datal\users\PBeard\pyatok'Final DDA docs\DDA v 6 6 II s x FINAL FINAL 6-8-1I.doc payments on certificates or vouchers approved by the architect or engineer retained by the Insurance Trustee. The reasonable expenses and charges of the architect or engineer retained by the Insurance Trustee shall be paid by the Insurance Trustee out of the trust fund; (c) If, after the work of restoration has commenced, the sums held by the Insurance Trustee are not sufficient to pay the actual cost of restoration, Tenant shall deposit the amount of the deficiency with the Insurance Trustee within ten (10) days after receipt of request for payment of such amount from the Insurance Trustee, which request shall be made by the Insurance Trustee promptly after it is determined there will be a deficiency; (d) If the Insurance Trustee has received notice from Landlord that the Tenant is in default under this Lease or under the Commission Subordinate Loan Note, then, subject to the lien of a Mortgagee's Mortgage and the Mortgagee's prior written consent, the Insurance Trustee shall pay to Landlord an amount sufficient to cure such default as specified in Landlord's notice to the Insurance Trustee; (e) Any amounts remaining after making the payments hereinabove referred to in clauses (a), (b) and (d), and after paying the reasonable costs and expenses of the Insurance Trustee, shall be paid to any leasehold Mortgagee to the extent (a) required by any Mortgage and (b) such leasehold Mortgagee makes written demand therefor to the Insurance Trustee; (f) Any undisbursed funds remaining after compliance with all of the provisions of this Section [14.2] shall, if and to the extent required by any Mortgage, be delivered to the Mortgagee, and if there is no leasehold Mortgagee, to Tenant; and (g) All actual costs and charges of the Insurance Trustee shall be paid by Tenant. If the Insurance Trustee resigns or for any reason is unwilling to act or continue to act, Landlord shall substitute a new Insurance Trustee in the manner described in this Section. 14.2.3 Both parties shall promptly execute all documents and perform all acts reasonably required by the Insurance Trustee to perform its obligations under this Section [14.2]. 14.3 Procedure for Restoring Improvements. 14.3.1 If and to the extent Tenant is obligated to restore the Improvements pursuant to this Article [14], Tenant shall restore the Improvements substantially in accordance with the Plans. Within forty-five (45) days after the date of such damage or destruction (as such time may be reasonably extended at the written request of Tenant), Tenant, at its cost, shall prepare and deliver to Landlord final plans and specifications and EXHIBIT "I" Page 37 of 67 \\cdcnt\data]\users\PDeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc working drawings complying with applicable laws that will be necessary for such restoration. Such plans and specifications shall specify differences from the Plans. The plans and specifications and working drawings are subject to the approval of Landlord only insofar as they vary from the Plans. Landlord shall have twenty (20) days after receipt of the plans and specifications and working drawings to either approve or disapprove the plans and specifications and working drawings and return them to Tenant. If Landlord disapproves the plans and specifications and working drawings, Landlord shall notify Tenant of its objections in writing, specifying the objections clearly and stating what modifications are required for Landlord's approval. Tenant acknowledges that the plans and specifications and working drawings shall be subject to approval of the appropriate government bodies and that they will be prepared in such a manner as to obtain that approval. 14.3.2 The restoration shall be accomplished as follows: (a) Tenant shall complete the restoration within fifteen (15) months after final plans and specifications and working drawings have been approved by the appropriate government bodies and all required permits have been obtained. (b) Tenant shall retain a licensed contractor that is bondable. The contractor shall be required to carry public liability and property damage insurance, builders risk insurance, standard fire and extended coverage insurance, with vandalism and malicious mischief endorsements, during the period of construction in accordance with Article [9]. Such insurance shall contain waiver of subrogation clauses in favor of Landlord and Tenant in accordance with the provisions of and to the extent required by Section [9.8]. (c) Tenant shall notify Landlord of the date of commencement of the restoration not later than ten (10) days before commencement of the restoration to enable Landlord to post and record notices of nonresponsibility. The contractor retained by Tenant shall not commence construction until a completion bond and a labor and materials bond have been delivered to Landlord to insure completion of the construction. (d) Tenant shall accomplish the restoration in a manner that will cause the least inconvenience, annoyance, and disruption to the Property and the Improvements. (e) On completion of the restoration Tenant shall immediately record a notice of completion. (f) If Section [14.2.2] is applicable, the restoration shall not be commenced until sums sufficient to cover the cost of restoration are placed with the Insurance Trustee as provided in said Section [14.2.2]. EXHIBIT "I" Page 38 of 67 \lcdcntliatal\users\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11 doe 14.4 Mortgagee Protection. The following provisions are for the protection of a Mortgagee and shall, notwithstanding anything contained in this Lease to the contrary, control: 14.4.1 Insurance. Any insurance proceeds payable from any policy of insurance (other than liability insurance) required by the Lease shall be paid to the.. Mortgagee, if any, to the extent required by the Mortgage. The Mortgagee, if any, shall have the right to participate in all adjustments, settlements, negotiations or actions with the insurance company regarding the amount and allocation of any such insurance proceeds. Any insurance policies permitted or required by this Lease shall name the Mortgagee, if any, as an additional insured or loss payee, as appropriate, if required by such Mortgage. 14.4.2 Restoration. Tenant shall have no obligation to restore or repair the Improvements following the occurrence of any casualty for which insurance is not required under this Lease. The Mortgagee, if any and if it exercises any of its remedies set forth in this Lease, shall have no obligation to restore or repair damage to the Improvements that cost in excess of available insurance proceeds. Tenant shall have no obligation to restore or repair damage to the Improvements if the casualty occurs during the last five (5) years of the Lease term. In the event such a loss occurs in the last five (5) years, then, at the election of Tenant, with the prior written consent of the Mortgagee, if any, insurance proceeds shall be used, first, to clear the Property of the damaged Improvements and any debris, and second, to reduce or pay in full the Mortgage, with any excess being payable as provided in this Lease. Article 15. EMINENT DOMAIN 15.1 Notice. The party receiving any notice of the kind specified in this Section [15.11 shall promptly give the other party notice of the receipt, contents and date of the notice received. For purposes of this Article [151, the term "Notice" shall include: (a) Notice of Intended Taking; (b) Service of any legal process relating to condemnation of the Property or the Improvements; (c) Notice in connection with any proceedings or negotiations with respect to such condemnation; or (d) Notice of intent or willingness to make or negotiate a private purchase, sale or transfer in lieu of condemnation. 15.2 Representation in Proceedings or Negotiations. Landlord and Tenant shall each have the right to represent their respective interests in each proceeding or EXHIBIT "I" Page 39 of 67 \\cdcnt\datal\users\PBeard\pyatok\Final DDA does\DDA v 6 6 11 s x FINAL FINAL 6-8-1 Lduc negotiation with respect to a Taking or intended Taking and to make full proof of their claims. No agreements or settlement with or sale or transfer to the condemning authority shall be made without the consent of Landlord, but, as to its reversionary interest only, Landlord may enter into such agreement, settlement, sale or transfer without the consent of Tenant. Landlord and Tenant each agree to execute and deliver to the other any instruments which may be required to effectuate or facilitate the provisions of this Lease relating to condemnation. 15.3 Total Taking. 15.3.1 In the event of a Total Taking, this Lease shall terminate as of the date of the Taking. 15.3.2 If this Lease is terminated pursuant to this Section [15.3], the Award for such Taking shall be apportioned and distributed as follows: Mortgage; 15.3.2.1 First, to the Mortgagee, if any, to the extent of the 15.3.2.2 Second, to Landlord, a sum equal to the fair market value of the Property (subject to the remaining Term and the Rent reserved) on the date immediately preceding the Taking as determined by the appraisal method set forth in Article [16] and determined as if there were no taking nor threat of condemnation. The parties shall commence said appraisal by the earlier of ten (10) days after Tenant's receipt of a copy of a Notice of Intended Taking or ten (10) days after the date of the Taking; 15.3.2.3 Third, to Tenant, a sum equal to the fair market value of the Improvements made by Tenant on the date immediately preceding the Taking as determined by the appraisal method set forth in Article [16] and determined as if there were no Taking, nor threat of condemnation; plus the residual value of the Term, subject to the Rent reserved; plus any part of the Award attributable to the Low Income Housing Tax Credit; and 15.3.2.4 Fourth, to Landlord, the remainder, if any. 15.4 Substantial Taking. 15.4.1 In the event of a Taking which, in Tenant's reasonable judgment is substantial, Tenant may, subject to the rights of the Mortgagee, if any, terminate this Lease. If Tenant elects to terminate this Lease under this provision, Tenant shall give written notice of its election to do so to Landlord within forty-five (45) days after receipt of a copy of a Notice of Intended Taking. In the event Landlord disputes the right of Tenant to terminate this Lease under this provision, Landlord shall give Tenant notice of this fact within forty-five (45) days after receiving the notice of Tenant's election to terminate, and the parties shall either raise this issue in the eminent domain proceeding, if EXHIBIT "1" Page 40 of 67 l\cdcnt\datal\users\PBeard\pyatok\Final DDA does\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc any, as an issue with respect to the apportionment of the Award between Landlord and Tenant or, if there is no eminent domain proceeding, submit the issue to arbitration as provided in Article [23]. In the event it is determined that Tenant does not have the right to terminate this Lease, the apportionment of the Award for such Taking and the obligations of Tenant to restore shall be governed by the terms of Section [15.6] or Section [15.8], whichever is applicable. 15.4.2 In the event it is determined that Tenant has the right to terminate this Lease, or in the event Landlord does not dispute Tenant's right to terminate this Lease, such termination shall be as of the time when the Taking entity takes possession of the portion of the Property and the Improvements taken. In such event, the Award for such Substantial Taking (including any award for severance, consequential or other damages which will accrue to the portion of the Property and/or the Improvements not taken) shall be apportioned and distributed as follows: (a) First, to the Mortgagee, if any, to the extent of the Mortgage; (b) Second, to Landlord, a sum equal to the fair market value of the Property taken (subject to the remaining Term and the Rent reserved) immediately preceding the date of the Taking as determined by the appraisal process provided for in Article [16], commenced as provided in Section [15.3.2], and as modified by Section [15.6.3]; (c) Third, to Landlord, an amount equal to the portion of the award for severance, consequential or other damages which accrued to the portion of the Property and/or Improvements not taken; (d) Fourth, to Tenant a sum equal to the fair market value of the Improvements made by Tenant taken immediately preceding the date of the Taking as determined by the appraisal process provided for in Article [16], commenced as provided in Section [15.3.2], and as modified by Section [15.6.3]; plus the residual value of the Term, subject to the Rent reserved; plus any part of the Award attributable to the Low Income Housing Tax Credit; and (e) Fifth, to Landlord, the remainder, if any. 15.5 Tenant's Right to Revoke Notice of Termination. Notwithstanding anything to the contrary contained in Section [15.4], if Tenant has elected to terminate this Lease, and, the taking authority abandons or revises the Taking, Tenant shall have forty-five (45) days from receipt of written notice of such abandonment or revision to revoke its notice of termination of this Lease. 15.6 Partial Taking. EXHIBIT "I" Page 41of67 1\cdcnt\datal\users\PBeard\pyatok\Fina1 DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-1 1doc 15.6.1 In the event of a Partial Taking, this Lease shall continue in full force and effect and there shall be no abatement in or reduction of any of Tenant's obligations hereunder. 15.6.2 The Award for such Partial Taking shall be apportioned and distributed first to the Mortgagee, if any, to the extent of the Mortgage, then to Landlord and Tenant in proportion to the fair market value of their respective interests in the Property and Improvements, as such interests existed immediately prior to such Partial Taking. Tenant's only interest in the Property and the Improvements for purposes of this Section [15.6.2] is in those Improvements constructed by Tenant. Notwithstanding anything contained herein to the contrary, any part of the Award attributable to the Low Income Housing Tax Credit shall belong to Tenant. 15.6.3 The fair market value of the parties' respective interests in the Property and the Improvements shall be determined by the appraisal process provided in Article [16], except that the assumptions listed in such Article shall not apply. Rather, the appraisal shall be based on the value of the Property as improved and encumbered by this Lease and on the value of the Improvements as they stand, but without regard to any Taking or threat of condemnation. 15.6.4 Any Award for severance, consequential or other damages which accrues by reason of the Partial Taking to the portion of the Property or the Improvements not taken shall be distributed first to the Mortgagee, if any, to the extent of the Mortgage, then shall be apportioned between Landlord and Tenant in accordance with the diminution in value of their respective interests. 15.7 Obligation to Repair on Partial Taking. Promptly after any Partial Taking and regardless of the amount of the Award for such Taking, Tenant shall, to the extent of the Award received by Tenant and in the manner specified in the provisions of this Lease, repair, alter, modify or reconstruct the Improvements and/or other improvements on the Property so as to make them usable for the designated purpose and capable of producing a fair and reasonable net income. 15.8 Temporary Taking. 15.8.1 In the event of a Temporary Taking of the whole or any part of the Property and/or Improvements, the Term shall not be reduced or affected in any way and Tenant shall continue to pay in full any sum or sums of money and charges herein reserved and provided to be paid by Tenant, and, subject to the other provisions of this Section [15.8], Tenant shall be entitled to any Award or payment for the temporary use of the Property and/or Improvements prior to the termination of this Lease, and Landlord shall be entitled to any Award or payment for such use after the termination of this Lease. 15.8.2 If possession of the Property and/or Improvements shall revert to Tenant prior to the expiration of the Term, Tenant shall, unless at such time there remains EXHIBIT "I" Page 42 of 67 \\cdcn6datal\users\PBeard\pyatok\Final DDA docs\DDA v 6 6 II s x FINAL FINAL 6-8-1 Ldoc less than five (5) years in the Term, restore the Property and/or Improvements whether or not the Taking authority has made any Award or payment for such restoration and regardless of the amount of any award or payment and in all other respects indemnify and hold Landlord harmless from the effects of such Taking so that the Property and/or Improvements in every respect shall upon completion of such restoration be in the same condition as they were prior to the taking thereof. 15.8.3 If possession of the Property shall revert to Landlord after expiration of the Term, any sums deposited pursuant to this Section [15.8] shall be paid over to Landlord in their entirety and without apportionment and Tenant shall be excused from its obligation to restore the Property and/or Improvements. 15.8.4 Any Award or payment for damages or cost of restoration made on or after the termination of this Lease shall be paid first to the Mortgagee, if any, to the extent of the Mortgage, then to Landlord absolutely, together with the remaining balance of any other funds paid to Tenant for such damages or cost of restoration and Tenant shall thereupon be excused from any obligation to restore the Property and/or Improvements upon the termination of such Temporary Taking except that any obligation that may have accrued for Tenant to restore the Property and/or Improvements prior to the commencement of said Temporary Taking shall continue to be the obligation of Tenant. 15.9 Mortgagee Protection. Notwithstanding anything contained in this Lease to the contrary, any and all condemnation proceeds shall be paid first to the Mortgagee, if any, to be applied to reduce the Mortgage if required by the mortgage documents. ARTICLE 16. APPRAISAL Whenever an appraisal of the Property is called for under the terms of this Lease foe i pt erx ha as- set forth;it So t -Ma(i) " the parties shall use the following procedure: 16.1 Appointment of Appraiser. Within ten (10) days after notice from Landlord to Tenant, Landlord and Tenant shall each appoint an MAI appraiser to participate in the appraisal process provided for in this Article [16] and shall give written notice thereof to the other party. Upon the failure of either party so to appoint, the nondefaulting party shall have the right to apply to the Superior Court of the County of San Diego, California, to appoint an appraiser to represent the defaulting party. Within ten (10) days of the parties' appointment, the two (2) appraisers shall jointly appoint a third MAI appraiser and give written notice thereof to Landlord and Tenant, or if within ten (10) days of the appointment of said appraisers the two (2) appraisers shall fail to appoint a third, then either party hereto shall have the right to make application to said Superior Court to appoint such third appraiser. 16.2 Determination of Fair Market Value. EXHIBIT "I" Page 43 of 67 \\cdcnt\datal\users\PBeard\pyatok1Flnal DDA does\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc 16.2.1 Within thirty (30) days after the appointment of the third appraiser, the appraisers shall determine the fair market value of the Property and the Improvements in accordance with the provisions hereof, and shall execute and acknowledge their determination of fair market value in writing and cause a copy thereof to be delivered to each of the parties hereto. 16.2.2 The appraisers shall determine the fair market value of the Property and the Improvements as of the date of Landlord's notice referred to in Section [16.1] above, based on sales of comparable property in the area in which the Property is located. If, however, in the judgment of a majority of the appraisers, no such comparable sales are available, then the appraisal shall be based on the following assumptions: (i) that the Property is free and clear of this Lease, the Improvements and all other improvements, and all easements and encumbrances; and (ii) that the Property is available for immediate sale and development for the purposes and at the density and intensity of development permitted under the zoning, subdivision and land use planning ordinances and regulations applicable to the Property in effect on the Commencement Date of this Lease, and any changes or amendments thereto or modification or variance from the provisions thereof or conditional use permits which could reasonably be anticipated to have been granted or approved as of the date of this Lease. Notwithstanding anything contained herein to the contrary, if the appraisal, for the particular purposes for which it is being done, should reasonably reflect the rent restrictions imposed on the Property pursuant to Article [8] of this Lease, and such other covenants, conditions and restrictions to which the Property is subject pursuant to this Lease or to other documents recorded against the Property in the Official Records of the County of San Diego, California, then such covenants, conditions and restrictions shall be taken into consideration by the appraisers. 16.2.3 If a majority of the appraisers are unable to agree on fair market value within thirty (30) days of the appointment of the third appraiser, the three (3) appraisals shall be added together and their total divided by three (3). The resulting quotient shall be the fair market value of the Property and the Improvements. If, however, the low appraisal and/or high appraisal is or are more than ten percent (10%) lower and/or higher than the middle appraisal, the low and/or high appraisal shall be disregarded. If only one appraisal is disregarded, the remaining two appraisals shall be added together and their total divided by two (2). The resulting quotient shall be the fair market value of the Property and the Improvements. If both the low and high appraisals are disregarded, the middle appraisal shall be the fair market value of the Property. 16.4 Payment of Fees. Each of the parties hereto shall (a) pay for the services of its appointee, (b) pay one-half (I/2) of the fee charged by the appraiser selected by their appointees, and (c) pay one-half (1/2) of all other proper costs of the appraisal. ARTICLE 17. ASSIGNMENT/TRANSFER 17.1 Prohibition Against Transfer. EXH1131T "P" Page 44 of 67 l\cdcnt\datallusers\Pbcard\pyatoklFinal DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc 17.1.1 Prior to Recordation of the Certificate of Completion. Prior to recordation of the Certificate of Completion, but subject to Article [19] pursuant to which Tenant is permitted to sublease the Units for residential occupancy, Tenant shall not assign or attempt to assign this Lease or any right herein (other than to a general or limited partnership of which Tenant is the managing general partner) without the prior written consent of Landlord, which consent may be withheld in Landlord's absolute discretion. 17.1.2 Following Recordation of the Certificate of Completion. Following recordation of the Certificate of Completion, but subject to Article [19] pursuant to which Tenant is permitted to sublease the Units for residential occupancy, Tenant shall not assign or attempt to assign this Lease or any right herein, nor make any total or partial sublease, sale, transfer, conveyance or assignment of the whole or any part of the Property or the Improvements thereon, without the prior written consent of Landlord, which consent shall not be unreasonably withheld. In the absence of specific written agreement by Landlord, no unauthorized sublease, sale, transfer, conveyance or assignment of the Property, or any portion thereof, or approval thereof by Landlord shall be deemed to relieve Tenant or any other party from any obligations under this Lease. 17.1.3 Qualifications of Tenant. In connection with the above prohibition and limitation on assignments, Tenant acknowledges that the qualifications, expertise and identities of Tenant are of particular concern to Landlord, and that Landlord continues to rely on such expertise to ensure the satisfactory completion of the construction and operation of the Improvements on the Property. Tenant further recognizes that it is because of such qualifications and identities that Landlord is entering into this Lease with Tenant. No voluntary or involuntary successor in interest of Tenant shall acquire any rights or powers under this Lease except as expressly set forth in the Lease. 17.1.4 Conditions. Tenant's right to make an assignment after the recordation of the Certificate of Completion shall be subject to compliance with the following further conditions: (a) No Default. At the time of such assignment, this Lease shall be in full force and effect and either no Event of Default (as defined in Section [21.1]) then exists or no Event of Default will exist upon consummation of the assignment. (b) Assumption. The assignee shall have executed an express assumption of the obligations and liabilities of Tenant under this Lease from and after the date of delivery and recording of the assignment and there shall have been delivered to Landlord at the time of the request for such assignment a conformed copy of such assumption. EXHIBIT "1" Page 45 of 67 \\cdcnt\datal\users\PBeard\pyatok\Final DDA docslDDA v 6 6 11 s x FINAL FINAL 6-8-1 l.doc (c) Net Worth of Assignee. The assignee shall have a Net Worth equal to at least One Million Dollars ($1,000,000.00) ("Net Worth Minimum"), which Net Worth Minimum shall be increased on the date that is five (5) years after the first day of the first calendar year following the Commencement Date, and on the same date every fifth (5th) year thereafter ("Net Worth Adjustment Date"), by an amount equal to the percentage change in construction industry costs, from the first day of the calendar year following the Commencement Date until the applicable Net Worth Adjustment Date, as published by the Engineering News Record, or such similar construction industry index as the parties shall agree in the event such information is not available in the Engineering News Record or such publication is no longer published. Net Worth is to be evidenced by a statement of financial condition as of a date not more than three hundred sixty (360) days prior to the date of assignment which is accompanied either by an opinion of a certified or a chartered public accountant or by a certificate by the chief financial or accounting officer of the assignee that it fairly represents the financial condition of the assignee. In the event Tenant agrees to remain liable under this Lease from and after the effective date of such assignment and to guaranty the obligations of the assignee under this Lease, the Net Worth Minimum standard set forth in this Section [17.1] shall not apply to such assignee. Notwithstanding the foregoing, the Executive Director, at her sole and absolute discretion, shall be permitted to waive the Net Worth Minimum standard for a proposed assignee that is (a) a California nonprofit, public benefit corporation, and (b) has demonstrated experience and ability in owning, operating and managing similar affordable housing projects in the State of California. 17.1.5 Assignment Agreement. No assignment of any interest in the Lease made with Landlord's consent or as herein otherwise permitted shall be effective unless and until there shall have been delivered to Landlord an executed counterpart of such assignment or other transfer document containing an agreement, in recordable form, executed by the assignor and the proposed assignee, wherein and whereby such assignee assumes due performance of the obligations on the assignor's part to be performed under this Lease from the effective date of the assignment to the end of the Term. 17.1.6 Further Assignments. The consent by Landlord to an assignment shall not in any way be construed to relieve Tenant from obtaining the express consent in writing of Landlord to any further assignment if required by the terms of this Lease. 17.2 Terminable Upon Foreclosure. Notwithstanding anything contained in this Lease to the contrary, upon foreclosure of a Mortgage, or acceptance by a Mortgagee of an assignment or deed in lieu of foreclosure, Article [17] of this Lease shall be terminable by the purchaser at the foreclosure sale, or the assignee or grantee of a deed in lieu of foreclosure, by notice to Landlord. EXHIBIT "I" Page 46 of 67 \\cdcnt\data]\users\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-A-1 ] aloe 17.3 Other Rights of Mortgagees. Landlord agrees that none of the restrictions or limitations on assignment or transfer by Tenant set forth in this Article 17 shall be construed to limit or abrogate the rights of a Mortgagee to (a) seek the appointment of a receiver, or (b) delegate or assign its rights under this Lease to any third party in connection with the exercise of said Mortgagee's rights and remedies under its Mortgage. 17.4 Limitation on Transfer by Landlord. Landlord agrees, during the Compliance Period, not to transfer its interest in the Property or under this Lease without the prior written approval of the Tax Credit Partner; provided, however, no such approval shall be required for such a transfer to another public body. 17.5 Transfer by Tax Credit Partner. Notwithstanding the foregoing limitations on transfer and assignment, nothing herein shall limit or condition a transfer, sale, assignment or other conveyance of all or a portion of the Limited partner interests of the Tax Credit Partner to any affiliate of the Tax Credit Partner, and the interests of the Tax Credit Partner shall be freely transferable to any affiliate of the Tax Credit Partner without the consent or approval of but only with prior, written notice to Landlord; provided however that in the event of non-payment of capital contribution obligations by the transferee pursuant to the terms and conditions of the Tenant's Partnership Agreement, the Tax Credit Partner shall remain liable for the amount of such unpaid capital contribution obligations. ARTICLE 18. MORTGAGES 18.1 Leasehold Mortgages 18.1.1 General Provisions. At all times during the Term, Tenant shalt have the right to mortgage, pledge, deed in trust, assign rents, issues and profits and/or collaterally (or absolutely for purposes of security if required by any lender) assign its interest in this Lease, or otherwise encumber this Lease, and/or the interest of Tenant hereunder, in whole or in part, and any interests or rights appurtenant to this Lease, and to assign or pledge the same as security for any debt (the holder of any such mortgage, pledge or other encumbrance, and the beneficiary of any such deed of trust being hereafter referred to as "Mortgagee" and the mortgage, pledge, deed of trust or other instrument hereafter referred to as "Mortgage"), upon and subject to each and all of the following terms and conditions: (a) Prior to the issuance of a Certificate of Completion, Mortgages entered into by Tenant shall be limited in purpose to and shall not exceed the amount necessary and appropriate to develop the Improvements, and to acquire and install equipment and fixtures thereon. Said amount shall include all hard and soft costs of acquisition, development, construction, lease -up and EXHIBIT "I" Page 47 of 67 \\cdcot\data l\users\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11 cioc operation of the Improvements. After the recordation of the Certificate of Completion, the limitation contained in this subsection shall no longer apply. (b) Any permitted Mortgages entered into by Tenant are to be originated only by lenders approved in writing by Landlord, which approval will not be unreasonably withheld. Landlord shall state the reasons for any such disapproval. Notwithstanding the forgoing, Landlord shall be deemed to have automatically approved (i) a commercial or savings bank, a trust company, an insurance company, a savings and loan association, a building and loan association, an educational institution, a pension, retirement or welfare fund, or other fund authorized to make loans in the State of California; (ii) any other entity having a net worth of $50,000,000 or more whether or not a so-called institution, or any division, subsidiary, parent or affiliate owned or controlled by, owning or in control of or in common control or ownership with any entities described in (i) or (ii); or (iii) a lender regularly engaged in business in an office or location in the State of California, or who has a registered agent for service of process in California. In addition, any lender must be duly licensed or registered with any regulatory agency having jurisdiction over its operation, if any; and any lender must not be under any order or judgment of any court or administrative agency restricting or impairing its operation as a lender where the restriction or impairment would be directly related to the proposed loan to Tenant. If the lender is other than a lender deemed automatically approved pursuant to subdivisions (i), (ii) or (iii) of this Section, then upon the reasonable request of Landlord, the beneficial owners of lender must be disclosed to Landlord. (c) All rights acquired by said Mortgagee shall be subject to each and all of the covenants, conditions and restrictions set forth in this Lease, and to all rights of Landlord thereunder, none of which covenants, conditions and restrictions is or shall be waived by Landlord by reason of the giving of such Mortgage. If Tenant encumbers its leasehold estate by way of a Mortgage as permitted herein, and should Landlord be advised in writing of the name and address of the Mortgagee, then this Lease shall not be terminated or canceled on account of any Event of Default by Tenant in the performance of the terms, covenants or conditions hereof until Landlord shall have complied with the provisions of Section [18.2] as to the Mortgagee's rights to cure and to obtain a new lease. 18.1.2 Consent of Mortgagee Required. No cancellation, surrender, termination, or modification of this Lease shall be effective without the written consent of the holder of any Mortgage. EXI-IIB IT "1" Page 48 of 67 1\cdcnt\datal\users\PBeard\pyatok\Final DDA does\DDA v 6 6 11 s x FINAL FINAL 6-8-1 I.doc 18.2 Rights and Obligations of Leasehold Mortgagees. If Tenant or Tenant's successors or assigns shall mortgage the leasehold interest herein demised, then, as long as any such Mortgage shall remain unsatisfied of record, the following provisions shall apply: 18.2.1 No Cancellation. Landlord will not cancel, accept a surrender of, terminate or modify this Lease in the absence of a default by Tenant without the prior consent in writing of the Mortgagee. 18.2.2 Notice of Defaults. Landlord agrees to give each Mortgagee immediate notice of all defaults by Tenant under the Lease, and to simultaneously give to each Mortgagee a written copy of all notices and demands that Landlord gives to Tenant. No notice or demand under the Lease shall be effective until after notice is received by Mortgagee. Any notices of default given by Landlord under the Lease shall describe the default(s) with reasonable detail. Each Mortgagee shall have the right to cure any breach or default within the time periods given below. 18.2.3 Mortgagee's Cure Rights. (a) Notice and Cure. After receipt by Tenant of a notice of default under the Lease and the expiration of any applicable period of cure given to Tenant under the Lease, Landlord shall deliver an additional notice ("Mortgagee's Notice") to each Mortgagee specifying the default and stating that Tenant's period of cure has expired. Each Mortgagee shall thereupon have the additional periods of time to cure any uncured default, as set forth below, without payment of default charges, fees, late charges or interest that might otherwise be payable by Tenant. Landlord shall not terminate the Lease or exercise its other remedies under the Lease if: (i) Within ninety (90) days after Mortgagee's receipt of the Mortgagee's Notice, any Mortgagee (i) cures the default, or (ii) if the default reasonably requires more than ninety (90) days to cure, commences to cure said default within such ninety (90)-day period and thereafter diligently prosecutes the same to completion; or (ii) Where the default cannot be cured by payment or expenditure of money or without possession of the Property or otherwise, Mortgagee initiates foreclosure or other appropriate proceedings within ninety (90) days after receipt of the Mortgagee's Notice, thereafter cures all other defaults reasonably capable of cure by the payment of money to Landlord, and thereafter continues to pay all rents, real property taxes and assessments, and insurance premiums to be paid by Tenant under the Lease. Mortgagee shall then have ninety (90) days following EXHIBIT "I" Page 49 of 67 \\cdcntklatal\usersWBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc the later to occur of (i) the date of execution and delivery of a new lease of the Property pursuant to Section [18.2.4] of the Lease (a "New Lease"), or (ii) the date on which Mortgagee or its nominee is able to occupy the Property following foreclosure under such Mortgage and the eviction of or vacating by Tenant of the leased premises, to cure such default; provided, however, that if any such default, by its nature, issuch that it cannot practicably be cured within ninety (90) days, then Mortgagee shall have such additional time as shall be reasonably necessary to cure the default provided that Mortgagee commences such cure within such ninety (90)-day period and thereafter diligently prosecutes the cure to completion. (b) Landlord agrees to accept performance by Mortgagee of all cures, conditions and covenants as though performed by Tenant, and agrees to permit Mortgagee access to the Property to take all such actions as may be necessary or useful to perform any condition or covenants of the Lease or to cure any default of Tenant. Mortgagee shall not be required to perform any act or cure any default which is not reasonably susceptible to performance or cure by Mortgagee. (c) Mortgagee elects any of the above -mentioned options, then upon Mortgagee's acquisition of the Lease by foreclosure, whether by power of sale or otherwise or by deed or assignment in lieu of foreclosure, or if a receiver be appointed, the Lease shall continue in full force and effect, provided that, if Mortgagee elects the option provided in Section [18.2.3(a)(ii)] above, then upon Mortgagee's acquisition of the Lease, Mortgagee shall cure all prior defaults of Tenant under the Lease that are reasonably capable of being cured by Mortgagee within the time set forth in said Section, and Landlord shall treat Mortgagee as Tenant under the Lease. If Mortgagee commences an action as set forth in Section [18.2.3(a)(ii)] above, and thereafter Tenant cures such defaults (which cure Landlord shall be obligated to accept) and Mortgagee then terminates all proceedings under the option in said Section, then the Lease shall remain in full force and effect between Landlord and Tenant. 18.2.4 New Lease. In the event the Lease is terminated for any reason prior to the end of the Lease Term, Landlord shall promptly give Mortgagee written notice of such termination and shall enter into a new lease ("New Lease") with Mortgagee or Mortgagee's nominee covering the Property, provided that Mortgagee (a) requests such New Lease by written notice to Landlord within sixty (60) days after Mortgagee's receipt of written notice by Landlord of termination of the Lease, and (b) cures all prior defaults of Tenant that are reasonably capable of being cured by Mortgagee. The New Lease shall be for the remainder of the Lease Term, effective at the date of such termination, and shall only include all the rents and all the covenants, agreements, conditions, provisions, restrictions and limitations contained in the Lease, except as otherwise provided in the Lease. In connection with a New Lease, Landlord shall assign to Mortgagee or its EXHIBIT "I" Page 50 of 67 \\cdcut\data l\users\PBeard\pyatok\final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11 _doc nominee all of Landlord's interest in all existing subleases of all or any part of the Property and all attomments given by the sublessees. Landlord shall not terminate or agree to terminate any sublease or enter into any new lease or sublease for all or any portion of the Property without Mortgagee's prior written consent, unless Mortgagee fails to deliver its request for a New Lease under this Section. In connection with any such New Lease, Landlord shall, by grant deed, convey to Mortgagee or its nominee title to the Improvements, if any, which become vested in Landlord as a result of termination of the Lease. Landlord shall allow to the tenant under the New Lease a credit against rent equal to the net income derived by Landlord from the Property during the period from the date of termination of the Lease until the date of execution of the New Lease under this Section. 18.2.5 Security Deposits. Mortgagee or any other purchaser at a foreclosure sale of the Mortgage (or Mortgagee or its nominee if one of them enters into a New Lease with Landlord) shall succeed to all the interest of Tenant in any security or other deposits or other impound payments paid by Tenant to Landlord. 18.2.6 Permitted Delays. So long as Mortgagee is prevented by any process or injunction issued by any court or by any statutory stay, or by reason of any action by any court having jurisdiction of any bankruptcy or insolvency proceeding involving Tenant or any other person, from commencing or prosecuting foreclosure or other appropriate proceedings in the nature thereof, Mortgagee shall not be deemed for that reason to have failed to commence such proceedings or to have failed to diligently prosecute such proceedings, provided that Mortgagee uses reasonable efforts to contest and appeal the issuance or continuance of any such process, stay or injunction. 18.2.7 Defaults Deemed Cured. On transfer of the Lease at any foreclosure sale under the Mortgage or by deed or assignment in lieu of foreclosure, or upon creation of a New Lease, any or all of the following defaults relating to the prior owner of the Lease shall be deemed cured: (a) Attachment, execution or other judicial levy upon the Lease; (b) Assignment of the Lease for the direct or indirect benefit of creditors of the prior Tenant; (c) Judicial appointment of a receiver or similar officer to take possession of the Lease; EXHIBIT "I" Page 51 of 67 \\;dent\datal\users\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-1 Ldoc (d) Filing any petition by, for or against Tenant under any chapter of the federal Bankruptcy Act or any federal or state debtor relief statute, as amended; (e) Any failure by Tenant to make a disclosure of a hazardous substance release as required by the California Health and Safety Code, the Lease or otherwise; and (f) Any other defaults personal to Tenant and/or not otherwise reasonably curable by Mortgagee. 18.2.8 Anything herein contained to the contrary notwithstanding, the provisions of this Section shall inure only to the benefit of the holders of Mortgages. If the holders of more than one such Mortgage shall make written requests upon Landlord in accordance with this Lease, the new lease (as provided for in subsection [18.2.4] above) shall be entered into pursuant to the request of the holder whose Mortgage shall be prior in lien thereto and thereupon the written requests for a new lease of each holder of a Mortgage junior in lien shall be and be deemed to be void and of no force or effect. 18.3 Landlord's Forbearance and Right to Cure Defaults on Leasehold Mortgages 18.3.1 Notice. Landlord will give to Mortgagee, at such address as is specified by the Mortgagee in accordance with Section [26.1] hereof, a copy of each notice or other communication with respect to any claim that a default exists or is about to exist from Landlord to Tenant hereunder at the time of giving such notice or communication to Tenant, and Landlord will give to Mortgagee a copy of each notice of any rejection of this Lease by any trustee in bankruptcy of Tenant. Landlord will not exercise any right, power or remedy with respect to any Event of Default hereunder, and no notice to Tenant of any such Event of Default and no termination of this Lease in connection therewith shall be effective, unless Landlord has given to Mortgagee written notice or a copy of its notice to Tenant of such Event of Default or any such termination, as the case may be. 18.3.2 Mortgagee's Transferees, Etc. In the event the leasehold estate hereunder shall be acquired by foreclosure, trustee's sale or deed or assignment in lieu of foreclosure of a Mortgage, the purchaser at such sale or the transferee by such assignment and its successors as holders of the leasehold estate hereunder shall not be liable for any Rent, if any, or other obligations accruing after its or their subsequent sale or transfer of such leasehold estate and such purchaser or transferee and its successors shall be entitled to transfer such estate or interest without consent or approval of Landlord; provided that, the purchaser or transferee or successor as holder of the leasehold estate hereunder shall be liable for the payment of all Rent, if any, becoming due with respect to the period during which such purchaser, transferee or other successor is the holder of the leasehold estate hereunder. This Section shall also apply to the rights of a Mortgagee in connection EXHIBIT "I" Page 52 of 67 \\cdcnt\datal\users \PBeard\pyatok\Final DDA does\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc with the entry into a new lease under Section [18.2.4] and to the appointment of a receiver on behalf of a Mortgagee. 18.3.3 Insurance and Condemnation. In the event of any casualty to, or condemnation of, all or any part of the leased premises or any improvements now or hereafter located thereon, the provisions of the Mortgages relating thereto shall prevail over any provisions of this Lease relating thereto. 18.4 No Liability of Mortgagee for Prior Indemnified Acts. A Mortgagee shall not be obligated to assume the liability of Tenant for any indemnities arising for a period prior to Mortgagee's acquiring the right to possession of the Property under this Lease. 18.5 Landlord Cooperation. Landlord covenants and agrees that it will act and fully cooperate with Tenant in connection with Tenant's right to grant leasehold mortgages as hereinabove provided. At the request of Tenant or any proposed or existing Mortgagee, Landlord shall promptly execute and deliver (i) any documents or instniments reasonably requested to evidence, acknowledge and/or perfect the rights of Mortgagees as herein provided; and (ii) an estoppel certificate certifying the status of this Lease and Tenant's interest herein and such matters as are reasonably requested by Tenant or such Mortgagees. Such estoppel certificate shall include, but not be limited to, certification by Landlord that (a) this Lease is unmodified and in full force and effect (or, if modified, state the nature of such modification and certify that this Lease, as so modified, is in full force and effect), (b) all rents currently due under the Lease have been paid, (c) there are not, to Landlord's knowledge, any uncured Events of Default on the part of Tenant under the Lease or facts, acts or omissions which with the giving of notice or passing of time, or both, would constitute an Event of Default. Any such estoppel certificate may be conclusively relied upon by any proposed or existing leasehold Mortgagee or assignee of Tenant's interest in this Lease. 18.6 Priority. The Lease, and any extensions, renewals or replacements thereof, and any sublease entered into by Tenant as sublessor, and any Mortgage or other encumbrance recorded by any Mortgagee shall be superior to any mortgages, deeds of trust or similar encumbrances placed by Landlord on the Property and to any lien right, if any, of Landlord on the buildings, and any furniture, fixtures, equipment or other personal property of Tenant upon the Property or any interest of Landlord in sublease rentals or similar agreements. 18.7 Claims. Landlord and Tenant shall deliver to Mortgagee notice of any litigation or arbitration proceedings between the parties or involving the Property or the Lease. Mortgagee shall have the right, at its option, to intervene and become a party to any such proceedings. If Mortgagee elects not to intervene or become a party, Landlord shall deliver to Mortgagee prompt notice of and a copy of any award, decision or settlement agreement made in connection with any such proceeding. EXHIBIT "I" Page 53 of 67 \\cdcnt\data1\users \PBeard\pystok\Final DDA docs\DDA v 6 6 1 1 s x FINAL FINAL 6-8-11-doc 18.8 Further Amendments. Landlord and Tenant shall cooperate in including in the Lease by suitable amendment from time to time any provision which may be reasonably requested by any proposed Mortgagee for the purpose of implementing the mortgagee protection provisions contained in this Lease and allowing that Mortgagee reasonable means to protect or preserve the lien of its Mortgage upon the occurrence of a default under the terms of the Lease. Landlord and Tenant each agree to execute and deliver (and to acknowledge for recording purposes, if necessary) any agreement required to effect any such amendment. ARTICLE 19. SUBLEASING 19.1 Subleasing of Property. All subleases ("Subleases") made by Tenant shall be subject to the following provisions and restrictions: 19.1.1 Tenant may, without the consent of Landlord, let individual units of the Improvements to any person who qualifies. 19.1.2 Each Sublease shall contain a provision, satisfactory to Landlord, requiring the Subtenant to attom to Landlord upon (a) an Event of Default by Tenant under this Lease, and (b) receipt by such Subtenant of written notice of such Event of Default and instructions to make such Subtenant's rental payments to Landlord. 19.1.3 On any termination of this Lease prior to the expiration of the Term, all of Tenant's interest as sublessor under any and all existing valid and enforceable Subleases for which Landlord has issued a non -disturbance agreement shall be deemed automatically assigned, transferred and conveyed to Landlord and subtenants under such Subleases shall be deemed to have attorned to Landlord. Landlord shall thereafter be bound on such Subleases to the same extent Tenant, as sublessor, was bound thereunder and Landlord shall have all the rights under such Subleases that Tenant, as sublessor, had under such Subleases; provided, however, that any amendments to any such Sublease made after the issuance of a non -disturbance agreement to a subtenant shall not be binding on Landlord. 19.1.4 Any subtenant qualifying shall, upon written request, receive a non -disturbance agreement from Landlord. 19.1.5 Not later than thirty (30) days after each anniversary of the date of commencement of the term of this Lease, Tenant shall deliver to Landlord a current list of the name and mailing address of each Subtenant. 19.1.6 Tenant shall not accept, directly or indirectly, more than two (2) months prepaid rent plus a reasonable security deposit from any subtenant. EXHIBIT "I„ Page 54 of 67 \\cdcnt\datal\users\PReardlpyatok\Final DDA does\DDA v 6 6 1 I s x FINAL FINAL 6-8-11 .doc 19.1.7 Each Sublease shall expressly provide that it is subject to each and all of the covenants, conditions, restrictions and provisions of this Lease. 19.2 Rights of Mortgagees. Notwithstanding anything contained in this Lease to the contrary, all attornment provisions applicable to the Landlord shall also be applicable to a Mortgagee and, as between Landlord and Mortgagee, the Mortgagee shall have priority in any attornment situation. ARTICLE 20. PERFORMANCE OF TENANT'S COVENANTS 20.1 Right of Performance. If Tenant shall at any time fail to pay any Imposition or other charge in accordance with Article [4] hereof, within the time period therein permitted, or shall fail to pay for or maintain any of the insurance policies provided for in Article [9] hereof, within the time therein permitted, or to make any other payment or perform any other act on its part to be made or performed hereunder, within the time permitted by this Lease, then Landlord, after thirty (30) days' written notice to Tenant (or, in case of an emergency, on such notice, or without notice, as may be reasonable under the circumstances) and without waiving or releasing Tenant from any obligation of Tenant hereunder, may (but shall not be required to): (a) pay such Imposition or other charge payable by Tenant pursuant to the provisions of Article [4] hereof, or (b) pay for and maintain such insurance policies provided for in Article [9] hereof, or (c) make such other payment or perform such other act on Tenant's part to be made or performed as in this Lease provided. 20.1.1 Rights of Mortgagees. Notwithstanding anything contained in this Lease to the contrary, all of the performance rights available to Landlord under Section [20.1] shall also be available to Mortgagee and, as between Landlord and Mortgagee, the rights of the Mortgagee shall take precedence over the rights of Landlord. 20.2 Reimbursement and Damages. All sums so paid by Landlord and all costs and expenses incurred by Landlord in connection with the performance of any such act, together with interest thereon at the rate provided in Section [4.5] from the respective dates of Landlord's making of each such payment or incurring of each such cost or expense, shall be paid by Tenant to Landlord on demand. Landlord shall not be limited in the proof of any damages which Landlord may claim against Tenant arising out of or by reason of Tenant's failure to provide and keep in force insurance as aforesaid, to the amount of the insurance premium or premiums not paid or incurred by Tenant and which would have been payable upon such insurance, but Landlord shall also be entitled to EXHIBIT "I" Page 55 of 67 \\cdcnt\datal\usersW8eard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-I Ldoc recover as damages for such breach, the uninsured amount of any loss (to the extent of any deficiency in the insurance required by the provisions of this Lease), damages, costs and expenses of suit, including attorneys' fees, suffered or incurred by reason of damage to, or destruction of, the Improvements, occurring during any period in which Tenant shall have failed or neglected to provide insurance as aforesaid. ARTICLE 21. EVENTS OF DEFAULT; REMEDIES 21.2 Events of Default. Any one or all of the following events shall constitute an Event of Default hereunder: 21.1.1. If Tenant shall default in the payment of any Rent when and as the same becomes due and payable and such default shall continue for more than ten (10) days after Landlord shall have given written notice thereof to Tenant; or 21.1.2 Default or delinquency in the payment of any loan secured by a Mortgage permitted by this Lease to be placed by Tenant against its leasehold interest in the Property after expiration of any cure period provided therein; or 21.1.3 The abandonment or vacation of the Property by Tenant for a period of thirty (30) days; or 21.1.4 The entry of any decree or order for relief by any court with respect to Tenant, or any assignee or transferee of Tenant (hereinafter "Assignee"), in any involuntary case under the Federal Bankruptcy Code or any other applicable federal or state law; or the appointment of or taking possession by any receiver, liquidator, assignee, trustee, sequestrator or other similar official of Tenant or any Assignee (unless such appointment is in connection with a Mortgagee's exercise of its remedies under its Mortgage), or of any substantial part of the property of Tenant or such Assignee, or the ordering or winding up or liquidating of the affairs of Tenant or any Assignee and the continuance of such decree or order unstayed and in effect for a period of ninety (90) days or more (whether or not consecutive); or the commencement by Tenant or any such Assignee of a voluntary proceeding under the Federal Bankruptcy Code or any other applicable state or federal law or consent by Tenant or any such Assignee to the entry of any order for relief in an involuntary case under any such law, or consent by Tenant or any such Assignee to the appointment of or taking of possession by a receiver, liquidator, assignee, trustee, sequestrator or other similar official of Tenant or any such Assignee, or of any substantial property of any of the foregoing, or the making by Tenant or any such Assignee of any general assignment for the benefit of creditors; or Tenant or any such Assignee takes any other voluntary action related to the business of Tenant or any such Assignee or the winding up of the affairs of any of the foregoing. 21.1.5 If Tenant shall default in the performance of or compliance with any other term, covenant or condition of this Lease (other than as set forth in Paragraphs [21.1.1] and [21.1.2] of this Section [21.1]) and such default shall continue for more than EXHIBIT "I" Page 56 of 67 \\cdcnt\datal\users\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11 doc thirty (30) days after Landlord shall have given written notice thereof to Tenant, provided, however, if cure of such default reasonably requires more than thirty (30) days, then, provided that Tenant commences to cure within such thirty (30) day period and thereafter diligently and continuously prosecutes the cure to completion, Tenant shall not be in default during the cure period. 21.2 Remedies. 21.2.1 If an Event of Default shall occur and continue as aforesaid, then in addition to any other remedies available to Landlord at law or in equity, Landlord shall have the immediate option to terminate this Lease and bring suit against Tenant or submit the issue of Tenant's default to arbitration as provided in Article [23] and recover as an award in such suit or arbitration proceeding the following: (a) the worth at the time of award of the unpaid rent and all other sums due hereunder which had been earned at the time of termination; (b) the worth at the time of award of the amount by which the unpaid rent and all other sums due hereunder which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; (c) the worth at the time of award of the amount by which the unpaid rent and all other sums due hereunder for the balance of the Tenn after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; (d) any other amount necessary to compensate Landlord for all the detriment proximately caused by the Tenant's failure to perform its obligations under this Lease -or which in the ordinary course of things could be likely to result therefrom; and (e) such amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable California law. 21.2.2 The "worth at the time of the award" of the amounts referred to in Subparagraphs [21.2.1(a)] and [21.2.1(b)] above shall be computed by allowing interest at the rate provided in Section [4.5] as of the date of the award. The "worth at the time of award" of the amount referred to in subparagraph [21.2.1(c)] above shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%). 21.2.3 If an Event of Default occurs, Landlord shall also have the right, with or without terminating this Lease, but subject to any nondisturbance agreements EXHIBIT " ' Page 57 of 67 1\cdcnt\datal\users\PBeard\pyatok\Final DDA das\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc entered into with Subtenants, to reenter the Property and remove all persons and property from the Property; such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant. 21.2.4 If an Event of Default occurs, Landlord shall also have the right, with or without terminating this Lease, to relet the Property. If Landlord so elects to exercise its right to relet the Property but without terminating this Lease, then rentals received by Landlord from such reletting shall be applied: First, to the payment of any indebtedness other than rent due hereunder from Tenant to Landlord; Second, to the payment of any cost of such reletting; Third, to the payment of the cost of any alterations and repairs to the Property; Fourth, to the payment of rent due and unpaid hereunder; and Fifth, the residue, if any, shall be held by Landlord and applied in payment of future rent as the same may become due and payable hereunder. Should the amount of rental received from such reletting during any month which is applied to the payment of rent hereunder be less than that agreed to be paid during that month by Tenant hereunder, then Tenant shall pay such deficiency to Landlord immediately upon demand therefor by Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expenses incurred by Landlord in such reletting or in making alterations and repairs not covered by the rentals received from such reletting. 21.2.5 No reentry or taking possession of the Property by Landlord pursuant to Paragraphs [21.2.3] or [21.2.4] shall be construed as an election to terminate this Lease unless a written notice of such intention is given to Tenant or unless the termination thereof is decreed by a court of competent jurisdiction. Notwithstanding any reletting without termination by Tenant because of any default by Tenant, Landlord may at any time after such reletting elect to terminate this Lease for any such default. 21.3 Receipt of Rent, No Waiver of Default. The receipt by Landlord of the rents or any other charges due to Landlord, with knowledge of any breach of this Lease by Tenant or of any default on the part of Tenant in the observance or performance of any of the conditions or covenants of this Lease, shall not be deemed to be a waiver of any provisions of this Lease. No acceptance by Landlord of a lesser sum than the rents or any other charges then due shall be deemed to be other than on account of the earliest installment of the rents or other charges due, nor shall any endorsement or statement on any check or any letter accompanying any check or payment of rent or charges due be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such installment or pursue any other remedy provided in this Lease. The receipt by Landlord of any rent or any other sum of money or any other consideration paid by Tenant after the termination of this Lease, or after giving by Landlord of any notice hereunder to effect such termination, shall not, except as otherwise expressly set forth in this Lease, reinstate, continue, or extend the term of this Lease, or destroy, or in any manner impair the efficacy of any such notice of termination as may have been given hereunder by Landlord to Tenant prior to the receipt of any such sum of money or other consideration, unless so agreed to in EXHIBIT "1" Page 58 of 67 \\cdcnt\datai\users\PBeard\pyatok\Final DDA docs\DDA v 6 6 II s x FINAL FINAL 6-8-11 doc writing and signed by Landlord. Neither acceptance of the keys nor any other act or thing done by Landlord or by its agents or employees during the Term shall be deemed to be an acceptance of a surrender of the Property or the Improvements, excepting only an agreement in writing signed by Landlord accepting or agreeing to accept such a surrender. 21.4 Effect on Indemnification. Notwithstanding the foregoing, nothing contained in this Article [21] shall be construed to limit the Indemnitees' right to indemnification as otherwise provided in this Lease. 21.5 Limited Waiver of Right to Terminate Lease. Landlord hereby waives it right to terminate this Lease during the Compliance Period for a non -monetary default by Tenant. That notwithstanding, Landlord, during the Compliance Period, shall retain all other rights and remedies available hereunder or by law for such a non -monetary default, including, without limitation, an action to compel performance of the covenant or condition that is the subject of the alleged default. ARTICLE 22. PERMITTED CONTESTS Tenant, at no cost or expense to Landlord, may contest (after prior written notice to Landlord), by appropriate legal proceedings conducted with due diligence, the amount or validity or application, in whole or in part, of any Imposition or lien or any Legal Requirement or Insurance Requirement, provided that (a) in the case of liens of mechanics, materialmen, suppliers or vendors, or Impositions or liens therefor, such proceedings shall suspend the collection thereof from Landlord, and shall suspend a foreclosure against the Property and/or the Improvements, or any interest therein, or any Rent, if any, (b) neither the Property or the Improvements, nor any part thereof or interest therein, or the Rent, if any, or any portion thereof, would be in any danger of being sold, forfeited or lost by reason of such proceedings, (c) in the case of a Legal Requirement, Landlord would not be in any danger of any criminal liability or, unless Tenant shall have furnished a bond or other security therefor satisfactory to Landlord, any additional civil liability for failure to comply therewith and the Property and the Improvements would not be subject to the imposition of any lien as a result of such failure, and (d) Tenant shall have furnished to Landlord, if requested, a bond or other security, satisfactory to Landlord. If Tenant shall fail to contest any such mailers, or to give Landlord security as hereinabove provided, Landlord may, but shall not be obligated to, contest the matter or settle or compromise the same without inquiring into the validity or the reasonableness thereof. Landlord, at the sole cost and expense of Tenant, will cooperate with Tenant and execute any documents or pleadings legally required for any such contest. ARTICLE 23. ARBITRATION OF DISPUTES 23.1 Matters Subject to Arbitration. EXHIBIT "I" Page 59 of 67 \'cdcnt\dataltusers\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc All disputes arising under this Lease shall be submitted to arbitration prior to either party bringing suit based on such disputes, except that any dispute relating to the following rights and obligations shall not be subject to arbitration: 23.1.1 Tenant's obligation to: ,(a) pay Rent, if any, and other charges due under this Lease; (b) indemnify Landlord as provided herein; and (c) keep the Property and the Improvements free and clear of any mechanics' or other liens: 23.1.2 Landlord's right to: (a) pursue any of the remedies defined in Article [21]; and (b) assign, transfer, sell or encumber its interest in the Property or this Lease; 23.1.3 Any right or obligation the exercise or performance of which is dependent on Landlord's approval, if the issue is the reasonableness of Landlord's action. 23.1.4 Any right of the Mortgagee to exercise its remedies under its Mortgage or in connection with the bankruptcy of the Tenant or Landlord. 23.2 Arbitration Process. Either party may refer a dispute subject to arbitration for settlement by arbitration in National City, California, in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the Arbitrator(s) may be entered in any Court having jurisdiction. NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MA PIERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MAY POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS SUCH RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AP I ER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO EXHIBIT "I" Page 60 of 67 \\edcnt\datal\uscrs\PBeard\pyatok\Fnal DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-I l.doc ARBITRA 1E UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MAFIERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION TO NEUTRAL ARBITRATION. Tenant's Initials Landlord's Initials ARTICLE 24. FORCE MAJEURE 24.1 Subject to Paragraph [24.2] below, any prevention, delay, nonperformance or stoppage by Tenant due to any of the following causes shall be excused: any regulation, order, act, restriction or requirement or limitation imposed by any federal, state, municipal or foreign govemment or any department or agency thereof, or civil or military authority; acts of God; acts or omissions of Landlord or its agents or employees; fire; explosion; floods and/or earthquakes; strikes, walkouts or inability to obtain materials; war, riots, sabotage or civil insurrection; or any other causes beyond the reasonable control of Tenant. 24.2 No prevention, delay, or stoppage of performance shall be excused unless: 24.2.1 Tenant notifies Landlord within thirty (30) days of such prevention, delay or stoppage that it is claiming excuse of its obligations under this Article [24]; and 24.2.2 Tenant diligently proceeds within thirty (30) days of the conclusion of such prevention, delay or stoppage to cure the condition causing the prevention, delay or stoppage; and 24.2.3 Tenant effects such cure within a reasonable time. ARTICLE 25. GENERAL PROVISIONS 25.1 Notices. All notices or demands shall be in writing and shall be served personally, by overnight courier, or by express or certified mail. Service shall be deemed conclusively made at the time of service if personally served; the next business day if sent by overnight courier and receipt is confirmed by the signature of an agent or employee of the party served; the next business day after deposit in the United States mail, properly addressed and postage prepaid, return receipt requested, if served by express mail; and three (3) days after deposit thereof in the United States mail, properly addressed and postage prepaid, return receipt requested, if served by certified mail. EXHIBIT "1" Page 61 of 67 \\cdcntldatal\users\PBeard\pyatok\Final DDA docslDDA v 6 6 11 s x FINAL FINAL 6-8-11.doc 25.1.1 Any notice to Landlord shall be given to: Community Development Commission of the City of National City 1243 National City Blvd. National City, California 91950 Attn: Executive Director 25.1.2 Any notice to Tenant shall be given to: , L.P. 18201 Von Karman Avenue, Suite 900 Irvine, California 92612 Attn: William A. Witte and to: Community HousingWorks 4305 University Avenue, Suite 550 San Diego, California 92105 With copies to: Any party may, by virtue of written notice in compliance with this Section [25.1], alter or change the address or the .identity of the person to whom any notice, or copy thereof, is to be sent. 25.2 Certificates. Landlord or Tenant, as the case may be, shall execute, acknowledge and deliver to the other, promptly upon request, a Certificate of Landlord or Tenant, as the case may be, certifying (a) that this Lease is unmodified and in full force and effect (or, if there have been modifications, that the Lease is in full force and effect, as modified, and stating the date of each instrument so modifying the Lease), (b) the date, if any, through which the Rent, if any, has been paid, (c) whether there are then existing any offsets or defenses against the enforcement of any term hereof on the part of Tenant to be performed or complied with (and, if so, specifying the same), and (d) whether any default exists hereunder and, if any such default exists, specifying the nature and period of existence thereof and what action Landlord or Tenant, as the case may be, is taking or proposes to take with respect thereto and whether notice thereof has been given to the EXHIBIT "I" Page 62 of 67 \\cdcnt\data l\users \P6eard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-I 1.doc party in default. Any Certificate may be relied upon by any prospective purchaser, transferee, mortgagee or trustee under a deed of trust of the fee or leasehold estate in the Property or any part thereof or of Landlord's or Tenant's interest under this Lease. Tenant will also deliver to Landlord, promptly upon request, such information with respect to the Property or any part thereof as from time to time may reasonably be requested. 25.3 No Merger of Title. There shall be no merger of this Lease or the leasehold estate created by this Lease with any other estate in the Property or any part thereof by reason of the fact that the same person, firm, corporation or other entity may acquire or own or hold, directly or indirectly: (a) this Lease or the leasehold estate created by this Lease or any interest in this Lease or in any such leasehold estate, and (b) any other estate in the Property and the Improvements or any part thereof or any interest in such estate, and no such merger shall occur unless and until all persons, corporations, firms and other entities, including any leasehold mortgagee or leasehold mortgagees, having any interest (including a security interest) in (i) this Lease or the leasehold estate created by this Lease, and (ii) any other estate in the Property or the Improvements or any part thereof shall join in a written instrument effecting such merger and shall duly record the same. 25.4 Utility Services. Tenant shall pay or cause to be paid all charges for all public or private utility services and all sprinkler systems and protective services at any time rendered to or in connection with the Property or the Improvements, or any part thereof, and shall comply with all contracts existing on the date hereof or subsequently executed by Tenant relating to any such services, and will do all other things required for the maintenance and continuance of all such services. 25.5 Quiet Enjoyment. Tenant, upon paying the Rent, if any, and other charges herein provided for and upon performing and complying with all covenants, agreements, terms and conditions of this Lease to be performed or complied with by it, shall lawfully and quietly hold, occupy and enjoy the Property during the term of this Lease without hindrance or molestation by Landlord, or any person or persons claiming through Landlord. 25.6 No Claims Against Landlord. Nothing contained in this Lease shall constitute any consent or request by Landlord, express or implied, for the performance of any labor or services or the furnishing of any materials or other property in respect of the Property or any part thereof, nor as giving Tenant any right, power or authority to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in such fashion as would permit the making of any claim against Landlord or its interest in the Property in respect thereof. 25.7 Inspection. Landlord and its authorized representatives may enter the Property or any part thereof at all reasonable times for the purpose of inspecting, servicing or posting notices, protecting the Property or the Improvements, or for any EXHIBIT "I" Page 63 of 67 \\cdcnt\datal\uscrs\PBeard\pyatok\Final DDA does\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc other lawful purposes. That notwithstanding, Landlord may only enter residential units after giving Tenant three (3) days prior written notice. 25.8 No Waiver by Landlord. To the extent permitted by applicable law, no failure by Landlord to insist upon the strict performance of any term hereof or to exercise any right, power or remedy consequent upon a default under this Lease, and no acceptance of rent during the continuance of any such default, shall constitute a waiver of any such default or of any such term. No waiver of any default shall affect or alter this Lease, which shall continue in full force and effect, or the rights of Landlord with respect to any other then existing or subsequent default. 25.9 Holding Over. In the event Tenant shall hold over or remain in possession of the Property or the Improvements with the consent of Landlord after the expiration of the Term, such holding over or continued possession shall create a tenancy for month to month only, upon the same terms and conditions as are herein set forth so far as the same are applicable. 25.10 Exculpation of Certain Personal Liability. Notwithstanding anything to the contrary provided in this Lease, including, without limitation, the remedies provisions set forth in Section [21.2] above, it is specifically understood and agreed that except as to: (a) the obligation to pay Annual Rent pursuant to Section [4.1]; (b) the obligation to pay any and all Impositions; (c) acts of fraud and/or criminal misconduct; (d) acts of gross negligence and/or willful misconduct; (e) any and all legal costs and expenses reasonably incurred by Landlord in the enforcement of this Lease; and/or (f) liability for risks required to be covered by insurance under this Lease but for which Tenant fails to maintain such coverage; there shall be no personal liability or obligation on the part of any partner in Tenant or any assignee or successor in interest of any such partner with respect to the provisions of this Lease. 25.11 No Partnership. Anything contained herein to the contrary notwithstanding, Landlord does not in any way or for any purpose become a partner of Tenant in the conduct of its business, or otherwise, or a joint venturer or member of a joint enterprise with Tenant hereunder. EXHIBIT "I" Page 64 of 67 1\cdcnt\datal\users\PHeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-1 1.doc 25.12 Remedies Cumulative. The various rights, options, elections and remedies of Landlord and Tenant, respectively, contained in this Lease shall be cumulative and no one of them shall be construed as exclusive of any other, or of any right, priority or remedy allowed or provided for by law and not expressly waived in this Lease. 25.13 Attornev's Fees. In the event of a dispute between the parties arising out of or in connection with this Lease, whether or not such dispute results in arbitration or litigation, the prevailing party (whether resulting from settlement before or after arbitration or litigation is commenced) shall be entitled to have and recover from the losing party reasonable attorneys' fees and costs of suit incurred by the prevailing party. 25.14 Time Is Of The Essence. Time is of the essence of this Lease and all of the terms, provisions, covenants and conditions hereof. 25.15 Survival of Representations, Warranties and Covenants. The respective representations, warranties and covenants contained herein shall survive the Commencement Date and continue throughout the Term. 25.16 Construction of Agreement. This Lease shall be construed in accordance with the substantive laws of the State of California, without regard to the choice of law rules thereof. The rule of construction that a document be construed strictly against its drafter shall have no application to this Lease. 25.17 Severability. If one or more of the provisions of this Lease shall be held to be illegal or otherwise void or invalid, the remainder of this Lease shall not be affected thereby and shall remain in full force and effect to the maximum extent permitted under applicable laws and regulations. 25.18 Entire Agreement: Modification. This Lease contains the entire agreement of the parties with respect to the matters discussed herein. This Lease may be amended only by an agreement in writing signed by the party against whom enforcement of any waiver, change, modification, extensions or discharge is sought. 25.19 Binding Effect and Benefits. This Lease shall inure to the benefit of and be binding on the parties hereto and their respective successors and assigns. Except as otherwise set forth herein, nothing in this Lease, expressed or implied, is intended to confer on any person other than the parties hereto or their respective successors and assigns any rights, remedies, obligations, or liabilities under or by reason of this Lease. 25.20 Further Assurances. Each party hereto will promptly execute and deliver without further consideration such additional agreement, assignments, endorsements and other documents as the other party hereto may reasonably request to carry out the purposes of this Lease. EXHIBIT "I" Page 65 of 67 \\cdcntldatal\users\PBeard\pyatok\Final DDA does\DDA v 6 6 11 s x FINAL. FINAL 6-8-11_doc 25.21 Counterparts. This Lease may be executed simultaneously in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Lease. 25.22 Number and Gender. Whenever the singular number is used in this Lease and required by the context, the same shall include the plural, and the masculine gender shall include the feminine and neuter genders. 25.23 Incorporation by Reference. Every Exhibit attached to this Lease and referred to herein is hereby incorporated by reference. 25.24 Tax Credit Partner Rights. Notwithstanding anything to the contrary contained in this Lease, Landlord agrees to extend to Tax Credit Partner rights equal to those of the Mortgagee set forth in Sections [18.2 through 18.4, inclusive, 18.8, and 20.1] provided, however, any and all notices to be given by Landlord under said Sections shall be given concurrently with the giving of such notice to Tenant and the cure period, if any, for Tax Credit Partner associated with each such notice shall commence to run from the effective date of such notice. Additionally, Landlord hereby agrees that Tax Credit Partner shall be entitled to request and receive the Certificate of Landlord set forth in Section [25.2]. IN WITNESS WHEREOF, the undersigned have executed this Lease as of the date first above written. "Landlord" COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a public body, corporate and politic By: , Chairman EXHIBIT "I" Page 66 of 67 \\cdcnt\datal\users\PReard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL6-8-11.doc APPROVED AS TO FORM: LAW OFFICES OF LANCE E. GARBER Commission Special Counsel By: Lance E. Garber "Tenant" PARADISE CREEK HOUSING PARTNERS, L.P., a California limited partnership By: RELATED/PARADISE CREEK DEVELOPMENT CO., LLC, a California limited liability company, its Administrative General Partner By: Frank Cardone, Vice President By: CHW PARADISE CREEK DEVELOPMENT CO., LLC, a California limited liability company, its Managing General Partner EXHIBIT "I" Page 67 of 67 By: COMMUNITY HOUSING WORKS, a California nonprofit public benefit corporation, its Managing Member By: Anne B. Wilson Senior Vice President \\cdcnt\data 1 \ users \YBeard\pyatok nal DDA docs\DDA v 6 6 1 1 s x FINAL FINAL 6-8-1 Ldoc EXHIBIT "I" Page 68 of 67 1\cdcnt\datal\users\PBeard\pyatok\Fnal DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-1 Ldoc EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY Real property in the City of National City, County of San Diego, State of California, described as follows: [TO BE INSERTED] EXHIBIT "A" TO EXHIBIT "I" Page 1 of 1 \\cdcnt\datal\users\PBeard\pyatok\Final DDA docs\DDA v 6 6 II s x FINAL FINAL 6-8-11.doc EXHIBIT "B" INCOME COMPUTATION AND CERTIFICATION NOTE TO APARTMENT OWNER: This form is designed to assist you in computing Annual Income in accordance with the method set forth in the Department of Housing and Urban Development ("HUD") Regulations (24 CFR 813). You should make certain that this form is at all times up to date with the HUD Regulations. Re: Housing Project, National City, California UWe, the undersigned state that Uwe have read and answered fully, frankly and personally each of the following questions for all persons who are to occupy the unit being applied for in the above apartment project. Listed below are the names of all persons who intend to reside in the unit: 1. Names of Members of Household 2. Relationship to Head of Household 3. Age 4. Social Security Number 5. Place/Source of Employment 6. Monthly Gross Income Amount (before deductions) HEAD SPOUSE Income Computation 6. The total anticipated income, calculated in accordance with the provisions of this paragraph 6, of all persons over the age of 18 years listed above for the 12-month period beginning the date that Uwe plan to move into a unit is $ Included in the total anticipated income listed above are: EXHIBIT "B" TO EXHIBIT "I" Page 1 of 14 \\cdcnt\tatal\users\P6eard\pyatok\Final DDA docs\DDA v 6 6 II s x FINAL FINAL 6-8-I l.doc (a) all wages and salaries, overtime pay, commissions, fees, tips and bonuses and other compensation for personal services, before payroll deductions; (b) the net income from the operation of a business or profession or from the rental of real or personal property (without deducting expenditures for business expansion or amortization of capital indebtedness or any allowance for depreciation of capital assets), (c) interest and dividends (including income from assets excluded below); (d) the full amount of periodic payments received from social security, annuities, insurance policies, retirement funds, pensions, disability or death benefits and other similar types of periodic receipts, including any lump sum payment for the delayed start of a periodic payment; (e) payments in lieu of earnings, such as unemployment and disability compensation, worker's compensation and severance pay; (f) the maximum amount of public assistance available to the above persons other than the amount of any assistance specifically designated for shelter and utilities; (g) periodic and determinable allowances, such as alimony and child support payments and regular contributions and gifts received from persons not residing in the dwelling; (h) all regular pay, special pay and allowances of a member of the Armed Forces (whether or not living in the dwelling) who is the head of the household or spouse; and (i) liability. any earned income tax credit to the extent that it exceeds income tax Excluded from such anticipated income are: (a) casual, sporadic or irregular gifts; (b) amounts which are specifically for or in reimbursement of medical expenses; (c) lump sum additions to family assets, such as inheritances, insurance payments (including payments under health and accident insurance and workmen ' s compensation), capital gains and settlement for personal or property losses; EXHIBIT "B" TO EXHIBIT "I" Page 2 of 14 lkdcot\datal\users \PBcard\pyatok\Final DDA does\DDA v 6 6 11 s x FINAL FINAL 6-8-1 I.doc (d) amounts of educational scholarships paid directly to the student or the educational institution, and amounts paid by the government to a veteran for use in meeting the costs of tuition, fees, books and equipment. Any amounts of such scholarships or payments to veterans not used for the above purposes are to be included in income; (e) special pay to a household member who is away from home and exposed to hostile fire; (f) relocation payments under Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; (g) foster child care payments; (h) the value of coupon allotments for the purchase of foods pursuant to the Food Stamp Act of 1977; (i) 1973; payments to volunteers under the Domestic Volunteer Service Act of (j) payments received under the Alaska Native Claims Settlement Act; (k) income derived from certain submarginal land of the United States that is held in trust for certain Indian tribes; (l) payments or allowances made under the Department of Health and Human Services' Low -Income Horne Energy Assistance Program; (m) payments received from the Job Training Partnership Act; (n) income derived from the disposition of funds of the Grand River Band of Ottawa Indians; and (o) the first $2,000.00 of per capita shares received from judgment funds awarded by the Indian Claims Commission or the Court of Claims. 7. Do the persons whose income or contributions are included in item 6 above: (a) have savings, stocks, bonds, equity in real property or other form of capital investment (excluding the values of necessary items of personal property such as Yes No furniture and automobiles and interests in Indian trust land); or EXHIBIT "B" TO EXHIBIT "I" Page 3 of 14 \\cdcnt\datal\users\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11 _doc (b) have they disposed of any assets (other than at a foreclosure or Credit Bankruptcy sale) during the last two Yes No years at less than fair market value? (c) If the answer to (a) or (b) above is yes, does the combined total value of all such assets owned or disposed Yes No of by all such persons total more than $5,000? EXHIBIT "B" TO EXHIBIT "I" Page 4 of 14 \\cdcnt\datal\users\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-I Ldoc (d) If the answer to (c) above is yes, state: (1) the amount of income expected to be derived from such assets in the 12-month period beginning on $ the date of initial occupancy in the unit that you propose to rent: (2) the amount of such income, if any, that was included in item 6 above: 8. (a) Are all of the individuals who propose to Yes No reside in the unit full-time students*? A full-time student is an individual enrolled as a full-time student during each of 5 calendar months during the calendar year in which occupancy of the unit begins at an educational organization which normally maintains a regular faculty and curriculum and normally has a regularly enrolled body of students in attendance and is not an individual pursuing a full-time course of institutional or farm training under the supervision of an accredited agent of such an educational organization or of a state or political subdivision thereof. (b) If the answer to 8(a) is yes, is at least 1 of the proposed occupants of the unit a husband and wife entitled to file a joint federal income tax return? Yes No 9. Neither myself nor any other occupant of the unit I/we propose to rent is the owner of the rental housing project in which the unit is located (hereinafter the "Owner"), has any family relationship to the Owner, or owns directly or indirectly any interest in the Owner. For purposes of this paragraph, indirect ownership by an individual shall mean ownership by a family member, ownership by a corporation, partnership, estate or trust in proportion to the ownership or beneficial interest in such corporation, partnership, estate or trustee held by the individual or a family member; and ownership, direct or indirect, by a partner of the individual. 10. This certificate is made with the knowledge that it will be relied upon by the Owner to determine maximum income for eligibility to occupy the unit, and Uwe declare that all information set forth herein is true, correct and complete and based upon information I/we deem reliable and that the statement of total anticipated income contained in paragraph 6 is reasonable and based upon such investigation as the undersigned deemed necessary. 11. I/we will assist the Owner in obtaining any information or documents required to verify the statements made herein, including either an income verification from my/our present employer(s) or copies of federal tax returns for the immediately preceding calendar year. 12. I/we acknowledge that 1/we have been advised that the making of any misrepresentation or misstatement in this declaration will constitute a material breach of my/our EXHIBIT "B" TO EXIIIBIT "I" Page 5 of 14 \\cdcnt\datal\users\PBeard\pyatok\ Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-1 I.doc agreement with the Owner to lease the unit and will entitle the Owner to my/our occupancy of the unit by institution of an action for ejection proceedings. 13. Housing Commission Statistical Information (Optional - will purposes only). prevent or terminate or other appropriate be used for reporting Race (Head of Household) White Black Asian Hispanic Native American Other Physical Disability: Yes No Uwe declare under penalty of perjury that the foregoing is true and correct. Executed this day of in the County of California. Applicant Applicant [Signatures of all persons over the age of 18 years listed in number 2 above required.] EXHIBIT 'B" TO EXHIBIT " I" Page 6 of 14 \\cdcnt\datat\users\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-1 Ldoc FOR COMPLETION BY APARTMENT OWNER ONLY: 1. Calculation of eligible income: a. Enter amount entered for entire household in 6 above: $ b. (1) If answer to 7(c) above is yes, enter the total amount entered in 7(d)(1), subtract from that figure the amount entered in 7(d)(2) and enter the remaining balance ($ ) (2) Multiply the amount entered in 7(c) times the current passbook savings rate to determine what the total annual earnings on the amount in 7(c) would be if invested in passbook savings ($ ), subtract from that figure the amount entered in 7(d)(2) and enter the remaining balance ($ ) (3) Enter at right the greater of the amount calculated $ under (1) and (2) above: c. TOTAL ELIGIBLE INCOME (line 1.a plus line 1.b(3)): $ 2. The amount entered in 1.c: Qualifies the applicant(s) as a Very Low -Income Tenant(s). Does not qualify the applicant(s) as a Very Low -Income Tenant(s). 3. Number of apartment unit assigned: Bedroom Size: Rent: $ Tenant -Paid Utilities: Water Gas Electric Trash Other (list Type) 4. Was this apartment unit last occupied for a period of 31 consecutive days by persons whose aggregate anticipated annual income as certified in the above manner upon their initial occupancy of the Yes No apartment unit qualified them as Very Low -Income Tenants? EXHIBIT "B" TO EXHIBIT "I" Page 7 of 14 \\cdcnt\datal\users\Pfteard\pyatok\Fnal DDA does\DDA v 6 6 11 s x FINAL FINAL 6-8-1 I.doc 5. Method used to verify applicant(s) income: Employer income verification. Social Security Administration verification Department of Social Services verification Copies of tax returns Other: ( ) Manager EXHIBIT "B" TO EXHIBIT "I" Page 8 of 14 \\cdcntklatat\users\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc Article 1. INCOME VERIFICATION (For Employed Persons) The undersigned employee has applied for a rental unit located in a project financed under the Multifamily Housing Program for persons of low income. Every income statement of a prospective tenant must be stringently verified. Please indicate below the employee' s current annual income from wages, overtime, bonuses, commissions or any other form of compensation received on a regular basis. Annual Wages: Overtime: Bonuses: Commissions: Total Current Income: 1 hereby certify that the statements above are true and complete to the best of my knowledge. Dated: Signature Title: I hereby grant you permission to disclose my income to in order that they may determine my income eligibility for rental of an apartment located in their project which has been financed under Multifamily Housing Program. Dated: Signature Please send form to: EXIIIBIT "B" TO EXHIBIT "I" Page 9 of 14 \\cdcutldatalluscrs\PBcard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-1 Ldoc EXHIBIT "B" TO EXHIBIT "I" Page 10 of 14 \\cdcnt\datal\users\PBeard\pyatok\Final DDA does\DDA v 6 6 II s x FINAL FINAL 6-8-11 doe INCOME VERIFICATION (For Social Security Recipients) TO: SOCIAL SECURITY ADMINISTRATION Ladies and Gentlemen: I have applied for a rental unit located in a project financed under the Multifamily Housing Program for persons of low income. Every income statement of a prospective tenant must be stringently verified. In connection with my application for a rental unit, I hereby give my consent to release to the specific information requested below. Dated: Signature Social Security No.: Name (Print): Address (Print): Monthly Benefits Began/Will Begin: Social Security Benefit Amount: $ Other Benefit(s): Amount: $ Medicare Deduction: $ Are benefits expected to change? Yes No If yes, please state date and amount Date: of change: Amount: If recipient is not receiving full benefit amount, please indicate reason and date recipient will start receiving full benefit amount: Reason: Date of Resumption: Amount: $ Dated: Telephone: Please send form to: Signature Name (Print): Title: EXHIBIT "B" TO EXHIBIT "I" Page 11 of 14 \lcdcnt\ fatal\users\PBeard\pyatok\Final DDA does DDA v 6 6 11 s x FINAL FINAL 6-8-1 1.doc INCOME VERIFICATION (For Department of Social Services Aid Recipients) TO: CALIFORNIA DEPARTMENT OF SOCIAL SERVICES Ladies and Gentlemen: I am receiving assistance through your office. I have applied for a rental unit located in a project financed under the Multifamily Housing Program for persons of very low income. Every income statement of a prospective tenant must be stringently verified. In connection with my application for a rental unit, I hereby authorize the Department of Social Services to release to the specific information requested below. Dated: Signature Caseload Number: Name (Print): Case Number: Case Worker: 1. Number of persons included in budget: 2. Total monthly budget: $ a. Amount of grant: $ Date aid last began: b. Other income and source: c. Is other income included in total budget? Yes No 3. Please specify type of aid (AFDC, FR, Food Stamps, ANB, MediCal, etc.) 4. If recipient is not receiving full grant, please indicate reason: Overpayment due to client ' s failure to report other income Computation error Other EXHIBIT "B" TO EXHIBIT "I" Page 12 of 14 \\cdcnt\datal\users\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc EXHIBIT "B" TO EXI-IBTT "I" Page 13 of 14 \\cdcnt\datal\users'PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc 5. Date when full grant will resume: Dated: Telephone: Your very early response will be appreciated. Please return form to: Case Worker's Signature District Office EXHIBIT "B" TO EXHIBIT "I" Page 14 of 14 \\cdcnt\datallusers\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc INCOME VERIFICATION (For Self -Employed Persons) I hereby attach copies of my individual federal and state income tax returns for the immediately preceding calendar year and certify that the information shown in such income tax returns is true and complete to the best of my knowledge. Dated: Signature EXHIBIT "B" TO EXHIBIT "I" Page 15 of 14 \\cdcnt\data) \uscrs\PBeard\pyatok\Final DDA docs\DDA v 6 6 l l s x FINAL FINAL 6-8- I I .doc EXHIBIT "C" CERTIFICATE OF CONTINUING PROGRAM COMPLIANCE [ Housing Project] With reference to that certain Lease Agreement by and between L.P. ("Tenant") and the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, dated as :: of � � r.� � � ,�, .:._�- -�.� (the Lease Agreement"), Tenant hereby certifies, as of the date of this Certificate, the following percentages of units at the Housing Project, National City, California are occupied or being held vacant for low-income tenants: I. Occupied by 30%, 40%, and 50% of Median Income Tenants: %; Unit Nos. The undersigned hereby certifies that the information contained in this Certificate is true and complete and that Tenant is not in default under the Ground Lease. By: , L.P., a California limited partnership a California , its managing general partner By: a California EXHIBIT "C" TO EXHIBIT "I" Page 1 of 1 1\cdcnt\data]\users\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doe nonprofit corporation, its sole member and manager By: President Date: EXHIBIT "C" TO EXHIBIT "I" Page 1 of 1 1\cdcnt\data]\users\P33eard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-I 1.doc EXHIBIT "D" PLAN FOR SOCIAL SERVICES Community HousingWorks (CHW) will provide outcome -based, result -oriented services and programs for residents in the community building, starting no later than six (6) months after the date of issuance of a temporary certificate of occupancy for each phase of the affordable housing, until expiration of the Term. The services will be administered by on -site CHW staff. Programs will be tailored to the needs of the community and age - appropriate for the entire family. The services will include, but not be limited to: • Learning Communities — This program will provide access to computers and after -school tutoring and homework assistance designed to improve school performance. The Leaming Center will be available to both children and adults, and will provide: family education on sustainable green practices through CHW's nationally -recognized Green Curriculum; accessibility to work readiness; and vocational and leadership empowerment opportunities; • Financial Fitness Training — Family Asset Building Programs (FAB), such as the nationally recognized Financial Fitness Education, will be provided in classes tailored to residents, and will focus on empowering residents to create and attain sustainable financial goals, including potential homeownership; and, • Homebuyer Education (HBE) — Programs will provide an incubator for homeownership with educational tools and counseling to assist residents in realizing the dream of homeownership. Qualified residents will also have access to first time homebuyer loans after completion of homebuyer education workshops. EXHIBIT "D" TO EXHIBIT "I" Page 1 of I \\cdcot\datal\users\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-1 Ldoc EXHIBIT "E" LETTER OF INSTRUCTION TO APPRAISER(S) Dear Sir or Madam: The land legally described in Exhibit "A" hereto is subject to a certain Ground Lease dated as of , 201_ (the "Ground Lease"), a complete copy of which is enclosed. At this juncture, the Ground Lease requires that the ground rent be adjusted to fair market in accordance with an appraisal. Your duties in connection with the making of that appraisal are as follows: 1. Determine the fair market value of the land as of [insert first day of Lease Year 55 (for the Five (5)-Lease Year Period 56 through 60), Year 70 (for the Five (5)-Lease Year Period 71 through 75), Lease Year 85 (for the Five (5)-Lease Year Period 86 through 90) — See Section 4.1(d)(i) of the Ground Lease]. for use as multifamily rental housing in accordance with and subject to (a) all of the terms, conditions, and restrictions set forth in the Ground Lease, including, without limitation, the restrictions on the rents that may be charged to residents of the dwelling units set forth in Article [8] of the Ground Lease, and (b) any other covenants, conditions, and/or restrictions to which the land is subject pursuant to a document recorded in the Official Records of the County of San Diego. You shall also take into account any property tax exemption or reduction to which the Tenant is entitled by virtue of the restricted use of the property as affordable multifamily rental housing, unless the Tenant is contractually committed not to avail itself of such exemption or reduction. Your appraisal is to be based upon approaches to value mandated by the Appraisal Standards Board of the Appraisal Foundation, or its successor organization. 2. For the purposes of such appraisal, disregard any depreciation of the improvements. 3. Once you have established the fair market value of the land, determine, based on rates prevailing in the market area, the percentage rate to be applied to that fair market value so as to produce the fair market ground rent. 4. State the fair market ground rent in annual terms. EXHIBIT "E" TO EXHIBIT "I" Page 1 of 1 \\cdcnt\datal\users\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc EXHIBIT "J" FORM OF COMMISSION SUBORDINATE LOAN NOTE [ Project/Phase J RECITALS As of _ ,201M National City, California A. WHEREAS, PARADISE CREEK HOUSING PARTNERS, L.P., a California limited partnership ("Borrower"), and the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a public body, corporate and politic ("Lender"), entered into that certain Disposition and Development Agreement dated as of 2011 (the "DDA"); and B. WHEREAS, pursuant to the DDA, Lender has made the "Commission Subordinate Loan" to Borrower to finance up to Dollars ($ ) in Project Costs for Phase Y. NOW, THEREFORE, FOR VALUE RECEIVED, Borrower promises to pay to the order of Lender, at 1243 National City Blvd., National City, California 91950, or at such other place as Lender may from time to time designate in writing, (a) the principal sum of Dollars ($ ), with interest from the Recordation Date until paid at the simple rate of one -quarter of one percent (0.25%) per annum, and (b) all fees, costs and expenses payable hereunder. 1. Definitions; Interpretation; Accounting. 1.1 Definitions. Initially capitalized words and terms used in this Note without definition shall have the meanings ascribed thereto in the DDA or the following definitions, unless the context or use clearly requires otherwise: "Appraisal Process" shall mean the parties shall first attempt to agree on the Fair Market Value of the subject property. If they are unable to come to an agreement within ten (10) Business Days, the Fair Market Value shall be determined by appraisal. Lender and Borrower shall each name one (1) M.A.I. appraiser within five (5) Business Days. If the two (2) appraisers cannot agree on the Fair Market Value within thirty (30) days after the date on which the second appraiser is named, they shall appoint a third M.A.I. appraiser. If the third appraiser agrees with either of the originally asserted appraisals of the first two (2) appraisers, then the agreed value shall be the Fair Market Value. If there is no such agreement, then the arithmetic average of the two (2) closest of the three (3) appraisals shall be the Fair Market Value. Each party shall bear the cost of its own appraiser. The cost of the third appraiser, if any, shall be borne equally by the parties. EXHIBIT "J" Page 1 of 13 \\cdcntldatal\uscrs\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11_doc "Area" means the Primary Metropolitan Statistical Area in which the Property is located, as promulgated by the U.S. Department of Housing and Urban Development. "Base Rate" means a fluctuating interest rate per annum as shall be in effect from time to time, which rate at all times shall be equal to the rate of interest announced publicly by Bank of America, N.A., from time to time as its base rate. "Capital Improvements" means all work and improvements with respect to the Property for which costs and expenses may be capitalized in accordance with GAAP. "Cash Flow" means, for the applicable period of time, the remainder of Net Operating Income less Debt Service. "CHW" means Community HousingWorks, its successors and assigns. "CHW Third Trust Deed Loan Note" means that certain promissory note, dated as of , 201_, made by Borrower in favor of CHW in the original principal amount of $14,957,000. "Commencement Date" shall mean the earlier of (a) when the Construction has been completed as evidenced by recordation in the Official Records of the Notice of Completion therefor, or (b) when the Improvements have been placed in service. "Commission Subordinate Loan Deed of Trust" means the Deed of Trust of even date herewith by which this Note is secured. "Construction" means the construction to be performed by Borrower pursuant to Article [10] of the DDA. "CPI" means the Consumer Price Index -Urban Wage Earners and Clerical Workers (San Diego, California, All Items, Base 1982-84 = 100) as published by the United States Department of Labor, Bureau of Labor Statistics. Should the Bureau discontinue the publication of the Index, or publish the same less frequently or in a different schedule, or alter the same in some other manner including, without limitation, changing the name of the Index or the geographic area covered by the Index, Borrower and Lender shall adopt a substitute index or procedure which reasonably reflects and monitors consumer prices. "Debt Service" means scheduled debt service on the Senior Loan and any other loans approved by Lender which are senior to the Commission Subordinate Loan Deed of Trust. "Effective Gross Income" means Operating Income after allowance for vacancy and collection losses. "Executive Director" means the Executive Director of Lender or his designee. "Fair Market Value" shall have the meaning provided in Section 1263.320(a) of the California Code of Civil Procedure or any successor statute thereto. EXHIBIT "J" Page 2 of 13 \\cdcnt\datal\users\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-1 Ldoc "Fiscal Year" means the fiscal year of Borrower, which is the calendar year. "GAAP" has the meaning set forth in Section [1.3] of this Note. "Improvements" means the improvements to be made to the Property by Borrower in accordance with the DDA. "Median Income for the Area" means the median income for the Area as determined and published annually by the Secretary of Housing and Urban Development under Section 8 of the United States Housing Act of 1937, as amended, or if programs under Section 8 are terminated, median income for the Area determined under the method used by the Secretary prior to such termination. "Net Operating Income" means, for the applicable period of time, the amount, if any, by which Operating Income for such period exceeds Operating Expenses paid by Borrower during such period. The calculation of Net Operating Income for each Fiscal Year shall be computed based on GAAP (whether or not Operating Expenses are properly deductible or must he characterized as a capital expenditure under the Internal Revenue Code). "Net Refinancing Proceeds" means, from time to time, the proceeds of any Refinancing in excess of (a) the amount of any senior obligation or debt secured by the Property and satisfied out of such proceeds, and (b) the reasonable and customary costs and expenses incurred in connection with such Refinancing. "Net Sale Proceeds" means, from time to time, the gross proceeds of a Sale, irrespective of the form of said proceeds, Less (a) payment in full of the Senior Loan and any other loans approved by Lender which are senior to the Commission Subordinate Loan Deed of Trust, (b) return of the cash equity invested in the Project by the partners in Borrower, (c) any reserve reasonably contemplated by Borrower's partnership agreement at the time this Note was executed by Borrower, and (d) the reasonable and customary costs and expenses incurred by Borrower in connection with the subject Sale. If Lender reasonably determines that any Sale is not made in an arm's length transaction, other than to a general partner in Borrower pursuant to an option or right of first refusal granted to such general partner (or its affiliate) on or before the date this Note was executed by Borrower, then instead of the Net Sale Proceeds being the result of the aforementioned deductions from the gross proceeds of the subject Sale, the Net Sale Proceeds shall be the result of the aforementioned deductions from the Fair Market Value of the Property. California. "Official Records" means the Official Records of the County of San Diego, "Operating Expenses" means, for the applicable period of time, all costs and expenses incurred by Borrower in the ordinary course of the management, ownership, and/or operation of the Property by Borrower, including, without limitation, (a) tax credit syndication, partnership management, guaranty, monitoring, asset management and other fees payable to the partners in Borrower in the aggregate amount of not more than Twenty -Five Thousand Dollars ($25,000.00) per year, as such sum shall be adjusted annually on January 1 by the change in the EXHIBIT "J" Page 3 of 13 lledcnt\datallusers\PBeard\pyatokWFnal DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-I 1.doc CPI from the previous January 1, (b) special limited partner fee (until such time, if any, that the special limited partner is no longer a partner in the partnership) in the aggregate amount of not more than Five Thousand Dollars ($5,000.00) per year, as such sum shall be adjusted annually on January 1 by the change in the CPI from the previous January 1, (c) all amounts deposited in the reserve fund of the Project for replacements, provided, however, such amounts shall not, without the prior approval of the Executive Director, which approval shall not be unreasonably withheld, exceed those amounts deposited as reserves for similar projects in California, (d) all amounts deposited in the operating reserve fund of the Project, provided, however, such amounts shall not, without the prior approval of the Executive Director, which approval shall not be unreasonably withheld, exceed those amounts deposited as operating reserves for similar projects in California, (e) any development fee payable to Developer and approved by the Executive Director, the payment of which has been deferred, (f) Sixty Thousand Dollars ($60,000.00) per year, as adjusted annually on January 1 by the change in the CPI from the previous January 1, to be used to provide social services to the residents of the Property (the "Social Services Fee"), and (g) a property management fee not to exceed six percent (6%) of Effective Gross Income. With reference to the reserve funds referred to in subdivisions (c) and (d), above, Lender agrees that any such reserve funds required by the Senior Lender and/or the Tax Credit Partner shall be deemed reasonable. Debt Service is not an Operating Expense. Operating Expenses shall not include any expenses for Capital Improvements, except for Capital Improvements approved by the Senior Lender and by the Executive Director for treatment as an Operating Expense. Operating Expenses shall be calculated on a cash basis. The first adjustment of the Social Services Fees shall be made on January 1 following the date on which the Certificate of Completion issues. "Operating Income" means, for the applicable period of time, all proceeds received by Borrower from the operation of the Property and from any and all sources resulting from or attributable to the operation of the Property, including, without limitation, all rentals, parking receipts, laundry receipts, forfeited Security Deposits, and all expense reimbursements paid to Borrower by tenants of the Property. Operating Income shall be calculated on a cash basis. Operating Income shall not include any Senior Loan funds, payments for tax credits or the sale of partnership interests in Borrower, or proceeds of a casualty loss or condemnation. Operating Income for the last year of the term of the Ground Lease shall include all amounts, if any, remaining in the reserve fund of the Project. Operating Income shall also include any funds on deposit in a reserve fund for the Project in excess of such amounts as are peimitted to be included as Operating Expenses under this Note. "Project" means the improvements to be made to the Property pursuant to the "Property" has the meaning ascribed thereto in the Commission Subordinate Loan Deed of Trust. "Recordation Date" means the date on which the Commission Subordinate Loan Deed of Trust records in the Official Records. "Refinancing" means changing the existing financing on the Property, or relating to the Property, by increasing the amount of the existing mortgage(s), adding one or more mortgages to the existing mortgage(s), or paying off an existing mortgage or mortgages and EXHIBIT "J" Page 4 of 13 \\cdcnt datal\userskPReard\pyatok\Final DDA does\FDA v 6 6 11 s x FINAL FINAL 6-8-11.doc obtaining a new, larger mortgage or mortgages. A Refinancing may be in any form, including, without limitation, debt or a sale and leaseback- Notwithstanding anything contained herein to the contrary, the taking of the Take -Out Loan by Borrower shall not constitute a Refinancing under this Note. "Sale" has the meaning set forth in subparagraph [29(d)] of the Commission Subordinate Loan Deed of Trust. Property. and assigns. "Security Deposits" means all security deposits collected from tenants of the "Senior Lender" means or its successors "Senior Loan" means that certain construction loan made to Borrower by for the Construction, and take-out financing therefor to be provided by or such other lender as may be approved by the Executive Director. Senior Loan. "Senior Loan Documents" means the documents evidencing and securing the "Tax Credit Partner" means or its successors and assigns. 1.2 Interpretation. In this Note, (a) the singular includes the plural and the plural the singular; (b) words and terms which include a number of constituent parts, things or elements, unless otherwise specified, shall be construed as referring separately to each constituent part, thing or element thereof, as well as to all of such constituent parts, things or elements as a whole; (c) words importing any gender include the other genders; (d) references to statutes are to be construed as including all rules and regulations adopted pursuant to the statute referred to and all statutory provisions consolidating, amending or replacing the statute referred to; (e) references to agreements and other contractual instruments shall be deemed to include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms; (f) the words "hereto" or "herein" or "hereof' or "hereunder" or words of similar import refer to this Note in its entirety; (g) the words "include" or "including" or words of similar import, unless otherwise specified herein, shall be deemed to be followed by the words "without limitation"; (h) all references to Articles and Sections, unless otherwise specified, are to the Articles and Sections of this Note; and (i) headings of Articles and numberings and headings of Sections and paragraphs are inserted as a matter of convenience and shall not affect the construction of this Note. 1.3 Accounting Terms and Determinations. Unless otherwise specified herein, (a) all accounting terms used herein shall be interpreted, (b) all accounting determinations hereunder shall be made, and (c) all books, records and financial statements required to be delivered hereunder shall be prepared in accordance with generally accounting principles as in effect from time to time, consistently applied ("GAAP"), except for changes approved by Lender. EXIIIBIT "J" Page 5 of 13 \\cdcnt\data)\users\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc 2. Disposition and Development Agreement. The principal sums hereunder are being loaned by Lender to Borrower in accordance with and pursuant to the DDA. The terms of the DDA are incorporated herein and made a part hereof to the same extent and with the same force and effect as if fully set forth herein. An Event of Default by Developer [Borrower] under the DDA shall be a default hereunder, and a default hereunder, after delivery of notice and expiration of the cure period described in Section [15] below, shall be an Event of Default by Developer [Borrower] under the DDA. 3. Ground Lease. The principal sums hereunder are being loaned by Lender to Borrower to finance development of the Property for use as affordable housing pursuant to the Ground Lease. An Event of Default by Tenant [Borrower] under the Ground Lease shall be a default hereunder, and a default hereunder shall be an Event of Default by Tenant [Borrower] under the Ground Lease. 4. Jlntentionally Omittedl 5. Financial Reporting and Accounting Covenants. Borrower will permit the representatives of Lender at any time or from time to time, upon one (1) business day's notice and during normal business hours, to inspect, audit and copy all of Borrower's books, records, and accounts relating to the Property. Borrower shall furnish or cause to be furnished to Lender the following: 5.1 Quarterly Statements. As soon as available, and in no event later than forty-five (45) days after the close of each of the first three calendar quarters of each Fiscal Year, commencing with the calendar quarter ending, 201_, financial statements of Borrower, including a balance sheet and profit -and -loss statement, as at the close of and for such quarter, all in reasonable detail and prepared in accordance with GAAP; such statements to be accompanied by a certificate signed by a general partner of Borrower to the effect that such statements fairly present the financial condition of Borrower as at the date indicated and the results of operations for the period indicated, subject, however, to year-end audit adjustments; 5.2 Annual Statements. As soon as available, but in no event later than one hundred twenty (120) days after the close of each Fiscal Year, financial statements of Borrower, including a profit -and -loss statement, reconciliation of capital accounts and a consolidated statement of changes in financial position of Borrower as at the close of and for such Fiscal Year, all in reasonable detail, certified as provided in clause (a) above by a general partner of Borrower; 5.3 Annual Operating Statements. As soon as available but in no event later than one hundred twenty (120) days after the close of each Fiscal Year, an "Annual Operating Statement" showing all Operating Income, Operating Expenses, Debt Service and any other amounts taken into consideration in computing Net Operating Income and Cash Flow, if any, for the subject Fiscal Year, in a form reasonably satisfactory to the Executive Director; EXHIBIT "J" Page 6 of 13 1\cdcandata]\usersWBeard\pyatok\Final DOA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc 5.4 Tax Returns. As soon as available, but in no event later than at the time of filing with the Internal Revenue Service, the federal tax returns (and supporting schedules, if any) of Borrower; 5.5 Audit Reports. Promptly upon receipt thereof, copies of all reports submitted to Borrower by independent public accountants in connection with each annual, interim or special audit of the financial statements of Borrower, made by such accountants, including the comment letter submitted by such accountants to management in connection with their annual audit; 5.6 Notices, Certificates or Communications. Immediately upon giving or receipt thereof, copies of any material notices, certificates or other communications given by or on behalf of Borrower or received by or on behalf of Borrower from Senior Lender pursuant to or in connection with any of the Senior Loan Documents, as well as any material notices and other communications delivered to the Property or to Borrower naming Lender or the "Construction Lender" as addressee, or which could reasonably be deemed to affect the construction of the Improvements or the ability of Borrower to perform its obligations to Lender. 6. Payment. Borrower shall make payment on this Note in accordance with the following: 6.1 Annual Payment. If, when Borrower delivers each Annual Operating Statement to Lender pursuant to Subdivision [5.3], above, said Annual Operating Statement shows that there was Cash Flow for the subject Fiscal Year, or part thereof, Borrower shall make payment to Lender on account of this Note in the amount of fifty percent (50%) of such Cash Flow. That notwithstanding, Lender hereby agrees that as long as the CHW Third Trust Deed Loan Note is outstanding, this fifty percent (50%) of Cash Flow shall be paid to Lender on account of this Note and to CHW on account of the CHW Third Trust Deed Loan Note in pari passu. 6.2 Refinancing. As and when there is any Refinancing of the Property, Borrower shall pay the Net Refinancing Proceeds to Lender on account of this Note to the extent of the outstanding balance of principal and accrued interest. 6.3 Mandatory Prepayments. If, upon completion of construction and when an independent audit of the total cost of the development has been prepared as required by the Tax Credit Allocation Committee, the remainder of said total cost of the development less the sum of (a) the actual syndication proceeds of the State and Federal Low -Income Housing Tax Credits, and (b) the permanent loan proceeds (whether the product of a take-out or sale of the Senior Loan) for the Project is less than principal o n tr tli o" Dollars ($- ), then Borrower shall, in connection with the closing of the permanent loan, make a prepayment to Lender in the amount of such difference. That notwithstanding, Borrower shall not be obligated under this Section to make all or any part this payment if to do so would (a) violate any rule or regulation of the Tax Credit Allocation Committee in place as of the date on which the Commission Subordinate Loan Deed of Trust recorded in the Official Records of the County of San Diego, or (b) would jeopardize the Tax Credits for the Project. EXHIBIT "J" Page 7 of 13 \\cdcnt\datal\users \Plleard\pyatok\Fnal DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-I l.doc 6.4 Sale. As and when there is any Sale, Borrower shall pay the Net Sale Proceeds to Lender on account of this Note to the extent of the outstanding balance of principal and accrued interest. 6.4.1 Seller Financing. In the event that the Net Sale Proceeds include financing to be provided by Borrower as a purchase money lender, Lender shall not be obligated to accept any part of said financing. All or any part of the payment to Lender shall be made in cash. 6.4.2 In Kind Consideration. In the event that the Net Sale Proceeds include in kind consideration, Lender shall not be obligated to accept any part of such in kind consideration, but Borrower shall be entitled to substitute cash for the cash equivalent value of the in kind consideration. The cash equivalent value of the in kind consideration shall be its Fair Market Value as determined by the Appraisal Process. 7. Distribution of Profits. From and after the Commencement Date, Borrower covenants and agrees that, except for fees payable as Operating Expenses pursuant to this Note, Borrower shall not withdraw or distribute to the partners in Borrower any of the rents, issues and/or profits of the Project for any Fiscal Year unless payment is concurrently made to Lender of the percentage of such rents, issues and profits payable to Lender pursuant to Section [6.1]. 8. Maturity. This Note shall be all due and payable on 9. Application of Payments. , 206 Y Any payments received by Lender pursuant to the terms hereof shall be applied first to sums, other than principal and interest, due Lender pursuant to this Note; next to the payment of all interest accrued to the date of such payment; and the balance, if any, to the payment of principal. 10. Form of Payment. All amounts due hereunder are payable in immediately available funds and lawful monies of the United States of America. 11. Dispute Regarding Annual Operating Statement. If Lender disputes any Annual Operating Statement, Lender shall notify Borrower of such dispute and the parties shall cause their representatives to meet and confer concerning the dispute and to use all reasonable efforts to reach a mutually acceptable resolution of the matter in question within thirty (30) days after Lender's notice of such dispute. If the parties are unable to achieve a mutually acceptable resolution within such 30-day period, then, within twenty (20) days after the expiration of such period, Borrower and Lender shall appoint a national firm of EXIIIBIT "J" Page 8 of 13 1\cdcnt\datal\users\PBeard\pyatok\Final DDA docs\DDA v 6 6 II s x FINAL FINAL 6-8-1 I.doc certified public accountants to review the dispute and to make a determination as to the matter in question within thirty (30) days after such appointment. If the parties cannot, within ten (10) days, agree on the firm to be appointed, then, upon the application of either party, such firm shall be appointed by the Presiding Judge of the Superior Court for the County of San Diego, California. Such firm's determination shall be final and binding upon the parties. Such firm shall have full access to the books, records and accounts of the Borrower and the Project. 11.1 Underpayment. If any audit by Lender reports an underpayment by Borrower on this Note, Borrower shall pay the amount of any such underpayment, together with the late charge specified in Section [14] of this Note, to Lender within five (5) days after notice thereof to Borrower or, in the event of a dispute, after notice to Borrower of the resolution of such dispute by the independent firm of certified public accountants, as the case may be, and, if such underpayment amounts to more than three percent (3%) of the disputed payment for the period audited, then, notwithstanding anything to the contrary in this Section, Borrower shall pay to Lender, within five (5) days after demand, Lender's reasonable costs and expenses in conducting such audit and exercising its rights under Section [111 of this Note (including a reasonable charge for the services of any employees of Lender conducting such audit and exercising its rights under this Section). 12. Prepayment. At any time, Borrower may prepay in whole or in part, without penalty, the outstanding principal balance under this Note, together with all accrued and unpaid interest, fees, costs and expenses payable hereunder. 13. Security. This Note and all amounts payable hereunder are secured by the Commission Subordinate Loan Deed of Trust. The terms of the Commission Subordinate Loan Deed of Trust are incorporated herein and made a part hereof to the same extent and with the same force and effect as if fully set forth herein. A default under any of the provisions of the Commission Subordinate Loan Deed of Trust shall be a default hereunder, and a default hereunder shall be a default under the Commission Subordinate Loan Deed of Trust. 14. Late Payment. If any annual payment of accrued interest and principal is not received by the Lender within ten (10) calendar days after the installment is due, Borrower shall pay to the Lender a late charge of five percent (5%) of such payment, such late charge to be immediately due and payable without demand by Lender. 15. Acceleration and Other Remedies. If: (a) any payment under this Note is not made when due and Borrower fails to cure said default within fifteen (15) days after notice from Lender; EXHIBIT "J" Page 9 of 13 \\cdcnt\data I\users\Paeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc (b) Borrower defaults under any other provision of this Note and Borrower shall have failed to cure said default within thirty (30) days after notice from Lender, provided, however, if cure of such default reasonably requires more than thirty (30) days, then, provided that Borrower commences to cure within such thirty (30)- day period and thereafter diligently and continuously prosecutes the cure to completion, Borrower shall not be in default during the cure period; (c) Borrower, subject to force majeure (as defined in Section [25.11] of the DDA), fails to complete the Construction; (d) there is an event or occurrence which, pursuant to the Commission Subordinate Loan Deed of Trust, gives rise to acceleration of the indebtedness evidenced by this Note, the entire principal amount outstanding hereunder and accrued interest thereon shall at once become due and payable, at the option of Lender. 16. Remedies. Upon the occurrence of an event of default and the expiration of any cure period therefor as provided in this Note without such event of default having been cured, then, at the option of Lender, the entire balance of principal together with all accrued interest thereon shall, without demand or notice, but subject to the non -recourse provisions of Section [22] of this Note, immediately become due and payable. Upon the occurrence of an event of default (and so long as such event of default shall continue), the entire balance of principal together with all accrued interest shall thereafter bear interest at the lesser of (a) the maximum rate permitted by law, and (b) the Base Rate plus three percent (3%) per annum. No delay or omission on the part of Lender in exercising any right under this Note or under the Commission Subordinate Loan Deed of Trust shall operate as a waiver of such right. 17. Third Party Cure Rights. Notwithstanding anything to the contrary contained in this Note, Lender, nor to any action to enforce this Note, shall ive �_ and its successors and assigns (the "Tax Credit Partner") notice and opportunity to cure for a period of not less than (a) fifteen (15) days if a monetary default, and (b) thirty (30) days if a nonmonetary default; provided, however, if in order to cure such a default Tax Credit Partner reasonably determines that it must remove the general partner of Borrower, Tax Credit Partner shall so notify Lender and so long as Tax Credit Partner is diligently and continuously attempting to so remove such general partner, Tax Credit Partner shall have until the date thirty (30) days after the effective date of the removal of the general partner or general partners to cure such default but in no event more than one (1) year. 18. Waiver. Except as otherwise expressly provided herein, • Borrower hereby waives diligence, presentment, protest and demand, notice of protest, dishonor and nonpayment of this Note, and EXHIBIT "J" Page 10 of 13 \\cdcnt\datal\users\PBeard\pyatok\Fina1 DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc expressly agrees that, without in any way affecting the liability of Borrower hereunder, Lender may extend any maturity date or the time for payment of any installment due hereunder, accept additional security, release any party liable hereunder and release any security now or hereafter securing this Note. Borrower further waives, to the full extent permitted by law, the right to plead any and all statutes of limitations as a defense to any demand on this Note, or on any deed of trust, security agreement, lease assignment, guaranty or other agreement now or hereafter securing this Note. 19. Attorneys' Fees. If this Note is not paid when due or if any event of default occurs, Borrower promises to pay all costs of enforcement and collection, including but not limited to, reasonable attorney's fees, whether or not any action or proceeding is brought to enforce the provisions hereof. 20. Severability. Every provision of this Note is intended to be severable. In the event any term or provision hereof is declared by a court of competent jurisdiction to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the balance of the terms and provisions hereof, which terms and provisions shall remain binding and enforceable. 21. Interest Rate Limitation. Lender and Borrower stipulate and agree that none of the terms and provisions contained herein or in any of the loan instruments shall ever be construed to create a contract for the use, forbearance or detention of money requiring payment of interest at a rate in excess of the maximum interest rate permitted to be charged by the laws of the State of California. In such event, if any holder of this Note shall collect monies which are deemed to constitute interest which would otherwise increase the effective interest rate on this Note to a rate in excess of the maximum rate permitted to be charged by the laws of the State of California, all such sums deemed to constitute interest in excess of such maximum rate shall, at the option of such holder, be credited to the payment of the sums due hereunder or returned to Borrower. 22. Non -Recourse. Notwithstanding anything to the contrary contained in this Note or in the Commission Subordinate Loan Deed of Trust referred to in this Note, but without in any manner affecting the validity of this Note or the lien or charge of the Commission Subordinate Loan Deed of Trust, in the event of any default under the terms of this Note or the Commission Subordinate Loan Deed of Trust, the sole recourse of the Lender for any and all such defaults shall be by judicial foreclosure or by the exercise of the trustee's power of sale, or such other appropriate means of enforcing the Commission Subordinate Loan Deed of Trust, and the undersigned, and the partners of the undersigned, shall not be personally liable for the payment of this Note or for any other default under the Commission Subordinate Loan Deed of Trust or for the payment of any deficiency established after judicial foreclosure or trustee's sale under the Commission Subordinate Loan Deed of Trust. Notwithstanding the limitations of liability set forth above, Borrower shall be fully liable for: EXHIBIT "J" Page 11 of 13 1\cdcnt\data]\users\PBeard\pyatok\Final DDA docs1DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc (a) Cash Flow payable to Lender pursuant to Section [6.1] but not applied to this Note; and (b) all legal costs and expenses reasonably incurred by Lender in the enforcement of this Note. 23. Headings. Headings at the beginning of each numbered Section of this Note are intended solely for convenience and are not to be deemed or construed to be a part of this Note. 24. Giving of Notice. Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by mailing it by first class mail to Borrower at the following address: Paradise Creek Housing Partners, L.P. c/o The Related Companies of California 18201 Von Karman Avenue, Suite 900 Irvine, California 92612 or at a different address if Borrower gives Lender a notice of that different address. Any notice that must be given to Lender under this Note will be given by mailing it by first class mail to Lender at the following address: 1243 National City Blvd. National City, California 91950 Attention: Executive Director or at a different address if Lender gives Borrower a notice of that different address. EXHIBIT IT "J" Page 12 of 13 \lcdcnddatal\users \PBeard\pyatokkFina1 DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11 doe 25. Choice of Law. This Note shall be governed by and construed and enforced in accordance with the laws of the State of California. "Borrower" PARADISE CREEK HOUSING PARTNERS, L.P., a California limited partnership By: RELATED/PARADISE CREEK DEVELOPMENT CO., LLC, a California limited liability company, its Administrative General Partner By: Frank Cardone, Vice President By: CHW PARADISE CREEK DEVELOPMENT CO., LLC, a California limited liability company, its Managing General Partner By: COMMUNITY HOUSING WORKS, a California nonprofit public benefit corporation, its Managing Member By: Anne B. Wilson Senior Vice President EXHIBIT "J" Page 13 of 13 \\cdcnt\datal\users\PBeardlpyatok\Final DDA dots\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc EXHIBIT "K" RECORDING REQUESTED BY: COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND WHEN RECORDED RETURN TO: COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Records Management Department 1243 National City Blvd. National City, California 91950 [Free Recording Requested Government Code § 61031 SUBORDINATED DEED OF TRUST WITH ASSIGNMENT OF RENTS [ _ _ Project/Phase _ [Commission Subordinate Loan Deed of Trust for Phase J This DEED OF TRUST is made as of , 201', by and between PARADISE CREEK HOUSING PARTNERS, L.P., a California limited partnership ("Trustor"), TITLE COMPANY, a California corporation "Trustee" rpo ("Trustee"), and COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a public body, corporate and politic ("Beneficiary"). Trustor grants, transfers and assigns to Trustee in trust, upon the trusts, covenants, conditions and agreements and for the uses and purposes hereinafter contained, with power of sale, and right of entry and possession, all of its ground leasehold title and interest in that real property (the "Property") in the City of National City, County of San Diego, State of California, described in Exhibit A attached hereto and incorporated herein by this reference. Together with Beneficiary's interest in all buildings, structures and improvements of every nature whatsoever now or hereafter situated on the Property; and Together with the rents, issues and profits thereof; and together with all buildings and improvements of every kind and description now or hereafter erected or placed thereon, and all fixtures, including but not limited to all gas and electric fixtures, engines and machinery, radiators, heaters, furnaces, heating equipment, laundry equipment, steam and hot-water boilers, stoves, ranges, elevators and motors, bathtubs, sinks, water closets, basins, pipes, faucets and other plumbing and heating fixtures, mantles, cabinets, refrigerating plant and refrigerators, EXHIBIT "K" Page 1 of 12 l\cdcnt\datal\usersWBeard\pyatokwlnal DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11 doe whether mechanical or otherwise, cooking apparatus and appurtenances, and all shades, awnings, screens, blinds and other furnishings, it being hereby agreed that all such fixtures and furnishings shall to the extent permitted by law be deemed to be permanently affixed to and a part of the realty; and Together with all building materials and equipment now or hereafter delivered to said premises and intended to be installed therein; and Together with all plans, drawings, specifications, and articles of personal property now or hereafter attached to or used in and about the building or buildings now erected or hereafter to be erected on the Property which are necessary to the completion and comfortable use and occupancy of such building or buildings for the purposes for which they were or are to be erected, including all other goods and chattels and personal property as are ever used or furnished in operating a building, or the activities conducted therein, similar to the one herein described and referred to, and all renewals or replacements thereof or articles in substitution therefor, whether or not the same are, or shall be attached to said building or buildings in any manner. To have and to hold the property hereinbefore described (including the Property and all appurtenances), all such property being referred to collectively herein as the "Property," to Trustee, its successors and assigns forever. FOR THE PURPOSE of securing (1) payment of indebtedness of Trustor to the Beneficiary in the principal sum of Dollars ($ ) (the "Commission Subordinate Loan"), evidenced by a promissory note of even date herewith between Trustor and Beneficiary (the "Commission Subordinate Loan Note"), together with all sums due thereunder including interest and other charges; and (2) the performance of each agreement of Trustor in this Deed of Trust and the Commission Subordinate Loan Note. Said Commission Subordinate Loan Note and all of its terms are incorporated herein by reference and this conveyance shall secure any and all extensions, amendments, modifications or renewals thereof however evidenced, and additional advances of the Commission Subordinate Loan evidenced by any note reciting that it is secured hereby. AND TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR COVENANTS AND AGREES: 1. That it will pay the Commission Subordinate Loan Note at the time and in the manner provided therein; 2. That it will not permit or suffer the use of any of the Property for any purpose other than the use for which the same was intended at the time this Deed of Trust was executed, namely, as affordable rental housing; 3. That the Commission Subordinate Loan Note is incorporated herein and made a part of this Deed of Trust. Upon default under the Commission Subordinate Loan Note or this Deed of Trust (after expiration of any applicable cure rights), Beneficiary, at its option, may declare the whole of the indebtedness secured hereby to be due and payable; EXHIBIT "K" Page 2 of 12 \\cdcnt\datal\users\PBeard\pyatok\Final DDA does\DDA v 6 6 11 s x FINAL FINAL 6-8-11-doc 4. That all rents, profits and income from the Property covered by this Deed of Trust are hereby assigned to Beneficiary for the purpose of discharging the debt hereby secured. Permission is hereby given to Trustor so long as no default exists hereunder, to collect such rents, profits and income; 5. That upon default hereunder (after expiration of any applicable cure rights), Beneficiary shall be entitled to the appointment of a receiver by any court having jurisdiction, without notice, to take possession and protect the Property described herein and operate same and collect the rents, profits and income therefrom; 6. That Trustor will keep the improvements now existing or hereafter erected on the Property insured against loss by fire and such other hazards, casualties and contingencies as may be required in writing from time to time by Beneficiary, and all such insurance shall be evidenced by standard fire and extended coverage insurance policy or policies, in the amount of the replacement value of the improvements. Such policies shall be endorsed with a standard mortgage clause with loss payable to Beneficiary subordinate to the rights and interest of the beneficiary of the Senior Loan Deed of Trust described in paragraph 31, below) and certificates thereof together with copies of original policies shall be deposited with Beneficiary; 7. To pay, before delinquency, any taxes and assessments affecting said Property when due, all encumbrances, charges and liens, with interest, on said Property or any part thereof which appear to be prior or superior hereto, all costs, fees and expenses of this Trust; 8. To keep said Property in good condition and repair, not to remove or demolish any buildings thereon; to complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged, or destroyed thereon and to pay when due all claims for labor performed and materials furnished therefor (unless contested in good faith if Trustor provides security satisfactory to Beneficiary thatany amounts found to be due will be paid and no sale of the Property or other impairment of the security hereunder will occur); to comply with all laws affecting said Property or requiring any alterations or improvements to be made thereon; not to commit or permit waste thereof; not to commit, suffer or permit any act upon said Property in violation of law and/or covenants, conditions and/or restrictions affecting said Property; not to permit or suffer any alteration of or addition to the buildings or improvements hereafter constructed in or upon said Property without the consent of Beneficiary; 9. To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and to pay all costs and expenses, including cost of evidence of title and attorneys' fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear; 10. Should Trustor fail to make any payment or do any act as herein provided, then Beneficiary or Trustee, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof. Beneficiary or Trustee, being authorized to enter upon said Property for such purposes, may commence, appear in and/or defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; may pay, purchase, contest or EXHIBIT "K" Page 3 of 12 \\cdcntldatal\usersV'Beard\pyatok\Final DDA does\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc compromise any encumbrance, charge, or lien which in the judgment of either appears to be prior or superior hereto; and, in exercising any such powers, may pay necessary expenses, employ counsel, and pay counsel's reasonable fees; 11. Beneficiary shall have the right to pay fire and other property insurance premiums when due should Trustor fail to make any required premium payments. All such payments made by Beneficiary shall be added to the principal sum secured hereby; 12. To pay immediately and without demand all sums so expended by Beneficiary or Trustee, under permission given under this Deed of Trust, with interest from date of expenditure at the rate specified in the Commission Subordinate Loan Note; 13. That the Commission Subordinate Loan advanced hereunder is to be used in the development of the Property; and upon the failure of Trustor to keep and perform such covenants, the principal sum and all arrears of interest, and other charges provided for in the Commission Subordinate Loan Note shall, at the option of Beneficiary, become due and payable, anything contained herein to the contrary notwithstanding; 14. Trustor further covenants that it will not voluntarily create, suffer or permit to be created against the Property, subject to this Deed of Trust, any lien or liens except as authorized by Beneficiary and further that it will keep and maintain the Property free from the claims of all persons supplying labor or materials which will enter into the construction of any and all buildings now being erected or to be erected on the Property; 15. That any and all improvements made or about to be made upon the Property, and all plans and specifications, comply with all applicable municipal ordinances and regulations and all other regulations made or promulgated, now or hereafter, by lawful authority, and that the same will upon completion comply with all such municipal ordinances and regulations and with the rules of the applicable fire rating or inspection organization, bureau, association or office; 16. Trustor herein agrees to pay to Beneficiary or to the authorized loan servicing representative of Beneficiary a charge not to exceed that permitted by law for providing a statement regarding the obligation secured by this Deed of Trust as provided by Section 2954, Article 2, Chapter 2, Title 14, Division 3 of the California Civil Code. IT IS MUTUALLY AGREED THAT: 17. Subject to the additional cure rights in Section 17 of the Commission Subordinate Loan Note, if the construction of any improvements as herein referred to shall not be carried on with reasonable diligence, or shall be discontinued at any time for any reason other than events of Force Majeure pursuant to Paragraph 36 hereof, Beneficiary, after due notice to Trustor or any subsequent owner and the failure by same to exercise any cure rights, is hereby invested with full and complete authority to enter upon the Property, employ watchmen to protect such improvements from depredation or injury and to preserve and protect the personal property therein, and to continue any and all outstanding contracts for the erection and completion of said building or buildings, to make and enter into any contracts and obligations wherever necessary, either in its own name or in the name of Trustor, and to pay and discharge all debts, obligations EXHIBIT "K" Page 4 of 12 \\cdent\datallusers\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc and liabilities incurred thereby. All such sums so advanced by Beneficiary (exclusive of advances of the principal of the indebtedness secured hereby) shall be added to the principal of the indebtedness secured hereby and shall be secured by this Deed of Trust and shall be due and payable on demand; 18. In the event of any fire or other casualty to the Project or eminent domain proceedings resulting in condemnation of the Project or any part thereof, Trustor shall have the right to rebuild the Project, and to use all available insurance or condemnation proceeds therefor, provided that (a) such proceeds are sufficient to rebuild the Project in a manner that provides adequate security to Beneficiary for repayment of the Commission Subordinate Loan or if such proceeds are insufficient then Trustor shall have funded any deficiency, (b) Beneficiary shall have the right to approve plans and specifications for any major rebuilding and the right to approve disbursements of insurance or condemnation proceeds for rebuilding under a construction escrow or similar arrangement, and (c) no uncured material default then exists under the Commission Subordinate Loan Note or this Deed of Trust. If the casualty or condemnation affects only part of the Project and total rebuilding is infeasible, then proceeds may be used for partial rebuilding and partial repayment of the Commission Subordinate Loan in a manner that provides adequate security for repayment of the remaining balance of the Commission Subordinate Loan. The rights of the Beneficiary to any insurance proceeds or condemnation awards pursuant to this paragraph 18 are and shall be subject to the prior right to any insurance proceeds or condemnation awards of the beneficiary of the Senior Loan Deed of Trust described in paragraph 31; 19. Upon default by Trustor in making any payments provided for herein or in the Commission Subordinate Loan Note secured hereby, and if such default is not made good within fifteen (15) days after notice from Beneficiary, or if Trustor shall fail to perform any covenant or agreement in this Deed of Trust within thirty (30) days after written demand therefor by Beneficiary (or, in the event that more than thirty (30) days is reasonably required to cure such default, should Trustor fail to promptly commence such cure, and diligently prosecute same to completion), Beneficiary may declare all sums secured hereby immediately due and payable by delivery to Trustee of written declaration of default and demand for sale, and of written notice of default and of election to cause the Property to be sold, which notice Trustee shall cause to be duly filed for record and Beneficiary may foreclose this Deed of Trust. Beneficiary shall also deposit with Trustee this Deed of Trust, the Commission Subordinate Loan Note and all documents evidencing expenditures secured hereby; 20. After the lapse of such time as may then be required by law following the recordation of said notice of default, and notice of sale having been given as then required by law, Trustee, without demand on Trustor, shall sell said Property at the time and place fixed by it in said notice of sale, either as a whole or in separate parcels, and in such order as it may determine at public auction to the highest bidder for cash in lawful money of the United States, payable at time of sale. Trustee may postpone sale of all or any portion of said Property by public announcement at the time and place of sale, and from time to time thereafter may postpone the sale by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to the purchaser its deed conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in the deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Trustor, Trustee or EXHIBIT "K" Page 5 of 12 11cdcnt\data1\users\PBeard\pyatok\Final DDA docs.DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc Beneficiary, may purchase at the sale. Trustee shall apply the proceeds of sale to payment of (1) the expenses of such sale, together with the reasonable expenses of this trust including therein reasonable Trustee's fees or attorneys' fees for conducting the sale, and the actual cost of publishing, recording, mailing and posting notice of the sale; (2) the cost of any search and/or other evidence of title procured in connection with such sale and revenue stamps on Trustee's deed; (3) all sums expended under the terms hereof, not then repaid, with accrued interest at the rate specified in the Commission Subordinate Loan Note; (4) all other sums then secured hereby; and (5) the remainder, if any, to the person or persons legally entitled thereto; 21. Beneficiary may from time to time substitute a successor or successors to any Trustee named herein or acting hereunder to execute this Deed of Trust. Upon such appointment, and without conveyance to the successor trustee, the latter shall be vested with all title, powers, and duties conferred upon any Trustee herein named or acting hereunder. Each such appointment and substitution shall be made by written instrument executed by Beneficiary, containing reference to this Deed of Trust and its place of record, which, when duly recorded in the proper office of the county or counties in which the property is situated, shall be conclusive proof of proper appointment of the successor trustee; 22. The pleading of any statute of limitations as a defense to any and all obligations secured by this Deed of Trust is hereby waived to the full extent permissible by law; 23. Upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed of Trust and the Commission Subordinate Loan Note to Trustee for cancellation and retention and upon payment of its fees, Trustee shall reconvey, without warranty, the property then held hereunder. The recitals in such reconveyance of any matters of fact shall be conclusive proof of the truthfulness thereof. The grantee in such reconveyance may be described as "the person or persons legally entitled thereto"; 24. The trust created hereby is irrevocable by Trustor; 25. This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors, and assigns. The term "Beneficiary" shall include not only the original Beneficiary hereunder but also any future owner and holder including pledgees, of the Commission Subordinate Loan Note secured hereby. In this Deed of Trust, whenever the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes the plural. All obligations of each Trustor hereunder are joint and several; 26. Trustee accepts this trust when this Deed of Trust, duly executed and acknowledged, is made public record as provided by law. Except as otherwise provided by law, Trustee is not obligated to notify any party hereto of pending sale under this Deed of Trust or of any action or proceeding in which Trustor, Beneficiary, or Trustee shall be a party unless brought by Trustee; 27. The undersigned Trustor requests that copies of any notice of default and of any notice of sale hereunder be mailed to it c/o The Related Companies of California, 18201 Von Karman Avenue, Suite 900, Irvine, California 92612 and to [Tax Credit Partner] EXHIBIT "K" Page 6 of 12 1\edcntldatal\users\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc 28. Trustor agrees at any time and from time to time upon receipt of a written request from Beneficiary, to furnish to Beneficiary a detailed statement in writing of income, rents, profits, and operating expenses of the premises, and the names of the occupants and tenants in possession, together with the expiration dates of their leases and full information regarding all rental and occupancy agreements, and the rents provided for by such leases and rental and occupancy agreements, and such other information regarding the Property and their use as may be requested by Beneficiary. 29. The full principal amount outstanding plus accrued but unpaid interest thereon, shall be due and payable on the earlier to occur of the following: (a) As more particularly provided in the Commission Subordinate Loan Note, sale, transfer, assignment or refinancing of the Property as provided further in this paragraph 29; unless: (i) in the case of a sale in which the sale proceeds are insufficient to repay in full the Commission Subordinate Loan, the Beneficiary approves such sale and the purchaser assumes the balance of the Commission Subordinate Loan in accordance with the terms of the Commission Subordinate Loan Note; or (ii) in the case of a refinancing in which the refinancing proceeds are insufficient to repay in full the Commission Subordinate Loan, the Beneficiary approves such refinancing and the Borrower remains obligated pursuant to the terms of the Note. (b) In order to induce Beneficiary to make the loan evidenced hereby, Trustor agrees that in the event of any transfer of the Property without the prior written consent of Beneficiary (other than a transfer resulting from a foreclosure, or conveyance by deed in lieu of foreclosure, by the holder of the Senior Loan Deed of Trust), Beneficiary shall have the absolute right at its option, without prior demand or notice, to declare all sums secured hereby immediately due and payable. Consent to one such transaction shall not be deemed to be a waiver of the right to require consent to future or successive transactions. Beneficiary may grant or deny such consent in its sole discretion and, if consent should be given, any such transfer shall be subject to this paragraph 29, and any such transferee shall assume all obligations hereunder and agree to be bound by all provisions contained herein. Such assumption shall not, however, release Trustor from any liability thereunder without the prior written consent of Beneficiary. (c) As used herein, "transfer" includes the sale, agreement to sell, transfer or conveyance of the Property, or any portion thereof or interest therein, whether voluntary, involuntary, by operation of law or otherwise, the execution of any installment land sale contract or similar instrument affecting all or a portion of the Property, or the lease of all or substantially all of the Property. "Transfer" shall not include the leasing of individual residential units on the Property. (d) The term "Sale" means any transfer, assignment, conveyance or lease (other than to a tenant for occupancy) of the Property and/or the improvements thereon, or any portion thereof, or any interest therein by the Trustor, and (if Trustor is a partnership) includes any transfer, assignment or sale of any partnership interest in the Trustor (other than the removal of the general partner by a limited partner in Trustor in accordance with Trustor's partnership EXHIBIT "K" Page 7 of 12 \\cdcnt\data)\usersWBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc agreement) by an individual or entity which is a general or limited partner in the Trustor, or any interest by any individual or entity which holds an interest in any such general or limited partner in the Trustor, which brings the cumulative total of all such direct and indirect transfers, assignments and sales during the term of this Deed of Trust to more than thirty-five percent (35%) of the ownership interests in the Trustor, and any such transfer, assignment or sale of a direct or indirect partnership interest thereafter. Sale includes a sale in condemnation or under threat thereof other than by Beneficiary. Sale does not include dedications and grants of easements to public and private utility companies of the kind customary in real estate development. Notwithstanding anything to the contrary contained in this Deed of Trust, Trustor, prior to any action to enforce this Deed of Trust, shall give and its successors and assigns (the "Tax Credit Partner") notice and opportunity to cure for a period of not less than (a) fifteen (15) days to cure a monetary default, and (b) thirty (30) days to cure a nonmonetary default; provided, however, if in order to cure such a default Tax Credit Partner reasonably determines that it must remove the general partner of Borrower, Tax Credit Partner shall so notify Trustor and so long as Tax Credit Partner is diligently and continuously attempting to so remove such general partner, Tax Credit Partner shall have until the date thirty (30) days after the effective date of the removal of the general partner or general partners to cure such default but in no event more than one (1) year. Notwithstanding the foregoing, the following shall not constitute a "Sale" under this Deed of Trust: (a) a Sale made pursuant to an option granted to a general partner of Trustor on or before the date of recordation of this Deed of Trust in the Official Records of San Die County, California, or (b) any assignment of an interest as limited partner of Trustor by limited liability com an ("tea ") or limited liability company (" to an entity whose general partner or managing member is controlled by �� or is under common control with ,_ �_ which assignment shall not require the consent of Beneficiary, provided that s"or r , as applicable, shall give written notice to Beneficiary of such assignment; or (ii)'s removal of the general partner of Trustor as general partner, and substitution of . , ":_ or an affiliate of as a general partner of Trustor, which removal shall not require Beneficiary approval, provided that shall give notice to Beneficiary of its intent to so remove such general partner not less than ten (10) days prior to such removal. Any proposed replacement of the general partner with an entity other than or an affiliate ofwill be subject to Beneficiary's prior reasonable approval. 30. Trustor shall permit Beneficiary and its agents or representatives, to inspect the Property at any and all reasonable times, with or without advance notice. Inspections shall be conducted so as not to interfere with the tenants' use and enjoyment of the Property. 31. It is hereby expressly agreed and acknowledged by Trustor and Beneficiary that this Deed of Trust is a second and subordinate deed of trust, and that the Commission Subordinate Loan secured hereby, and the Commission Subordinate Loan Note are subject and subordinate only to the deed of trust securing a loan to Trustor in an a roximate original � principal amount not to exceed $ a ���� �� in which �� � .. ,� � � � � ("Senior EXHIBIT "K" Page 8 of 12 1\cdcnt\datal\users\PBcard\pyatok\Final DDA docs\DDA v 6 611 s x FINAL FINAL 6-8-I I.doc Lender") is the Beneficiary, including any loan that refinances the balance of the Senior Loan or an assignment of the Senior Loan (collectively referred to as the "Senior Loan"). 32. For purposes of this Deed of Trust, "Hazardous Materials" mean and include any hazardous, toxic or dangerous waste, substance or material including, without limitation, flammable explosives, radioactive materials, asbestos, hazardous wastes, toxic substances and any materials or substances defined as hazardous materials, hazardous substances or toxic substances in (or for purposes of) the Comprehensive Environmental Response, Compensation and Liability Act of 1380 ("CERCLA"), as amended (42 U.S.C. §9601, et seq.), the Hazardous Materials Transportation Act (49 U.S.C. §1801 et seq.), the Resource Conservation and Recovery Act (42 U.S.C. §6901 et seq.) and those substances defined as hazardous wastes in §25117 of the California Health and Safety Code or as hazardous substances in §25316 of the California Health and Safety Code or in any regulations promulgated under either such law, any so-called "Superfund" or "Superlien" law, or any other federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance or material, as now or at any time hereafter in effect. Hazardous Materials expressly exclude substances typically used in the construction, development, operation and maintenance of an apartment complex provided such substances are used in accordance with all applicable laws. 33. In addition to the general and specific representations, covenants and warranties set forth in the Deed of Trust or otherwise, Trustor represents, covenants and warrants, with respect to Hazardous Materials, as follows: (a) Other than as expressly disclosed to Trustor by Beneficiary, neither Trustor nor, to the best knowledge of Trustor, any other person, has ever caused or permitted any Hazardous Materials to be manufactured, placed, held, located or disposed of on, under or at the Property or any part thereof, and neither the Property nor any part thereof, or any property adjacent thereto, has ever been used (whether by the Trustor or, to the best knowledge of the Trustor, by any other person) as a manufacturing site, dump site or storage site (whether permanent or temporary) for any Hazardous Materials; (b) Trustor hereby agrees to indemnify Beneficiary, its officers, employees, contractors and agents, and hold Beneficiary, its officers, employees, contractors and agents harmless from and against any and all losses, liabilities, damages, injuries, costs, expenses and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against Beneficiary, its officers, employees, contractors or agents for, with respect to, or as a direct or indirect result of, the presence or use, generation, storage, release, threatened release or disposal of Hazardous Materials on or under the Property or the escape, seepage, leakage, spillage, discharge, emission or release of any Hazardous Materials from the Property (including, without limitation, any losses, liabilities, damages, injuries, costs, expenses or claims asserted or arising under CERCLA, any so-called "Superfund" or "Superlien" law, or any other federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability or standards of conduct concerning any Hazardous Materials), caused by Trustor. EXHIBIT "K" Page 9 of 12 \\cdcnt\datal\users\PReard\pyatok' inal DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc (c) Trustor has not received any notice of (i) the happening of any event involving the use, spillage, discharge or cleanup of any Hazardous. Materials ("Hazardous Discharge") affecting Trustor or the Property or (ii) any complaint, order, citation or notice with regard to air emissions, water discharges, noise emissions or any other environmental, health or safety matter affecting Trustor or the Property ("Environmental Complaint") from any person or entity, including, without limitation, the United States Environmental Protection Agency ("EPA"). If Trustor receives any such notice after the date hereof, then Trustor will give, within seven (7) business days thereafter, oral and written notice of same to Beneficiary. (d) Without limitation of Beneficiary's rights under this Deed of Trust, but only to the extent Trustor is not effectuating a remediation of the Property, Beneficiary shall have the right, but not the obligation, to enter onto the Property or to take such other actions as it deems necessary or advisable to clean up, remove, resolve or minimize the impact of, or otherwise deal with, any such Hazardous Materials or Environmental Complaint upon its receipt of any notice from any person or entity, including without limitation, the EPA, asserting the existence of any Hazardous Materials or an Environmental Complaint on or pertaining to the Property. which, if true, could result in an order, suit or other action against Trustor affecting any part of the Property by any governmental agency or otherwise which, in the sole opinion of Beneficiary, could jeopardize its security under this Deed of Trust. All reasonable costs and expenses incurred by Beneficiary in the exercise of any such rights shall be secured by this Deed of Trust and shall be payable by Trustor upon demand together with interest thereon at a rate equal to the highest rate payable under the Commission Subordinate Loan Note secured hereby. 34. The following shall be an Event of Default: (a) Failure of Trustor to pay, when due, principal and interest and any other sums or charges on the Commission Subordinate Loan Note, in accordance with the provisions set forth in the Commission Subordinate Loan Note; (b) A violation of the terms, conditions or covenants of the Commission Subordinate Loan Note or this Deed of Trust; or (c) A default (after expiration of any cure period provided therein) under the Senior Loan Deed of Trust to which the lien of this Deed of Trust is subordinate. 35. Subject to the extensions of time set forth in paragraph 36, and subject to the further provisions of this paragraph 35 and of paragraph 37, failure or delay by the Trustor to perform any term or provision of this Deed of Trust constitutes a default under this Deed of Trust. The Trustor must immediately commence to cure, correct, or remedy such failure or delay and shall complete such cure, correction or remedy with reasonable diligence. (a) The Beneficiary shall give written notice of default to the Trustor, specifying the default complained of by the Beneficiary. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default. (b) The Trustor shall not be in default so long as it endeavors to complete such cure, correction or remedy with reasonable diligence, provided such cure, correction or EXHIBIT "K" Page 10 of 12 1\cdcnt\datal \users\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc remedy is completed within thirty (30) days after receipt of written notice (or such additional time as may be deemed by the Beneficiary to be reasonably necessary to correct the cause). (c) Any failures or delays by the Beneficiary in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies. Delays by the Beneficiary in asserting any of its rights and remedies shall not deprive the Beneficiary of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert, or enforce any such rights or remedies. 36. Notwithstanding specific provisions of this Deed of Trust, performance hereunder shall not be deemed to be in default where delays or defaults are due to: war; insurrection; strikes; lock -outs; riots; floods; earthquakes; fires; casualties; acts of God or other deities; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions or priority; litigation; unusually severe weather; inability to secure necessary labor, materials or tools; delays of any contractor or supplier; acts of the other party; acts or failure to act of the Beneficiary, or any other public or governmental agency or entity (except that any act or failure to act of Beneficiary shall not excuse performance by Beneficiary); or any other causes beyond the reasonable control or without the fault of the party claiming an extension of time to perform. An extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time the party claiming such extension gives notice to the other party, provided notice by the party claiming such extension is given within thirty (30) days after the commencement of the cause. Times of performance under this Deed of Trust may also be extended in writing by the Beneficiary and Trustor. 37. If a monetary event of default occurs under the terms of the Commission Subordinate Loan Note or this Deed of Trust, prior to exercising any remedies thereunder Beneficiary shall give Trustor written notice of such default. Trustor shall have a period of fifteen (15) days after such notice is given within which to cure the default prior to exercise of remedies by Beneficiary under the Commission Subordinate Loan Note and this Deed of Trust. 38. If a non -monetary event of default occurs under the terms of the Commission Subordinate Loan Note or this Deed of Trust, prior to exercising any remedies thereunder, Beneficiary shall give Trustor notice of such default. If the default is reasonably capable of being cured within thirty (30) days, Trustor shall have such period to effect a cure prior to exercise of remedies by the Beneficiary under the Commission Subordinate Loan Note and this Deed of Trust. If the default is such that it is not reasonably capable of being cured within thirty (30) days, and Trustor (a) initiates corrective action within said period, and (b) diligently, continually, and in good faith works to effect a cure as soon as possible, then Trustor shall have such additional time as is reasonably necessary to cure the default prior to exercise of any remedies by Beneficiary. In no event shall Beneficiary be precluded from exercising remedies if its security becomes or is about to become materially jeopardized by any failure to cure a default or the default is not cured within one hundred eighty (180) days after the first notice of default is given. 39. Upon the occurrence of an Event of Default as described in paragraph 34, Trustor shall be obligated to repay the Commission Subordinate Loan and, subject to the nonrecourse provision of the Commission Subordinate Loan Note, Beneficiary may seek to enforce payment EXHIBIT "K" Page 11 of 12 \\cdent\datal\users\PBeard\pyatok\Final DDA dots\DDA v 6 6 11 s x FINAL FINAL 6-8-I I.doc of any and all amounts due by Trustor pursuant to the terms of the Commission Subordinate Loan Note. 40. All expenses (including reasonable attorneys' fees and costs and allowances) incurred in connection with an action to foreclose, or the exercise of any other remedy provided by this Deed of Trust, including the curing of any Event of Default, shall be the responsibility of Trustor. Except as provided in paragraph 31, each successor owner of an interest in the Property, other than through foreclosure, deed in lieu of foreclosure or an owner who takes an interest in the Property after a foreclosure has occurred, shall take its interest subject to this Deed of Trust. "Trustor" PARADISE CREEK HOUSING PARTNERS, L.P., a California limited partnership By: RELATED/PARADISE CREEK DEVELOPMENT CO., LLC, a California limited liability company, its Administrative General Partner By: Frank Cardone, Vice President By: CHW PARADISE CREEK DEVELOPMENT CO., LLC, a California limited liability company, its Managing General Partner By: COMMUNITY HOUSING WORKS, a California nonprofit public benefit corporation, its Managing Member By: Anne B. Wilson Senior Vice President EXHIBIT "K" Page 12 of 12 \\cdcnt\data I luses\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY [To be recorded against Trustor's interest in the Property.] EXHIBIT "A" TO EXHIBIT "K" Page 1 of 1 \\cdcut\datal\users\PBcard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc EXHIBIT "L" SUBORDINATE COMPLETION GUARANTY [ Project/Phase 1. Obligations Guaranteed. For valuable consideration, the adequacy and sufficiency of which is acknowledged, the undersigned ("Guarantor") unconditionally guarantees the timely completion of the construction required pursuant to Article [10] of that certain Disposition and Development Agreement, dated as of June 21, 2011, by and between the Community Development Commission of the City of National City (the "Commission") and Paradise Creek Housing Partners, L.P. (" ") (the "Construction" required by the "DDA"). This Guaranty is in addition to and independent of any other guaranty previously, concurrently or hereafter given to Commission by Guarantor. 2. Completion of Improvements By Guarantor. Guarantor irrevocably and unconditionally agrees that if for any reason (a) fails to diligently proceed with or complete the Construction in the manner and within the time limits set forth in the DDA, (b) fails to pay all costs of the Construction, or (c) Commission takes possession of the Property and the Improvements prior to the completion of the Construction, then, in any such event, and upon demand by Commission, Guarantor shall diligently complete the Construction in accordance with the terms of the DDA, all at Guarantor's sole cost and expense. In addition, Guarantor shall defend, indemnify and hold Commission harmless from and against all claims, demands, causes of action, liabilities, losses, costs and expenses (including, without limitation, costs of suit and reasonable attorneys' fees) arising from or in connection with any such event. Commission hereby agrees that if demand is made hereunder for Guarantor to complete the Construction, Guarantor shall have the right to have any undisbursed portion of the Commission Subordinate Loan applied to the costs of that Construction. 3. Remedies of Commission. If Guarantor fails to perform its obligations hereunder, then Commission may, in its sole and absolute discretion and without any obligation to do so, (a) elect to complete the Construction (with such changes to the General Contract and the Plans as Commission reasonably deems necessary), in which event Guarantor shall, upon demand, reimburse Commission for all reasonable expenditures made and reasonable costs incurred by Commission in connection with such completion, together with interest thereon at Commission's option at either the per annum rate of interest (the "Note Rate") set forth in that certain Commission Subordinate Loan Note of even date herewith made by in favor of Commission (the "Note") or the default rate of interest provided for in the Note (the "Default Rate"), or (b) from time to time and without first requiring performance on the part of -r or being required to exhaust or proceed against any or all security held by Commission, enforce performance by Guarantor of any obligation on the part of Guarantor to be performed hereunder, by action at law or in equity or both, in which event Commission shall be entitled to recover from Guarantor all losses, costs, damages, liabilities and expenses (including attorneys' fees and costs) sustained or incurred by Commission as a result of Guarantor's failure to perform its obligations hereunder, together with interest thereon at Commission's option at either the Note Rate or the Default Rate. 4. Reinstatement. All of Commission's rights pursuant to this Guaranty continue with respect to amounts previously paid to Commission on account of any obligations which are EXHIBIT "L" Page 1 of 4 \\cdcnt\datal\users\PBeard\pyatok\Final DOA docs\DDA v 6 6 II s x FINAL FINAL 6-8-11 doe thereafter restored or returned by Commission, whether in a bankruptcy, reorganization, insolvency, receivership or similar proceeding ("Insolvency Proceeding") of or for any other reason, all as though such amounts had not been paid to Commission, and Guarantor's liability under this Guaranty (and all its terms and provisions) shall be reinstated and revived, notwithstanding any surrender or cancellation of this Guaranty. Commission, in its sole discretion, may determine whether any amount paid to it must be restored or returned; provided, however, that if Commission elects to contest any claim for return or restoration, Guarantor agrees to indemnify and hold Commission harmless from and against all costs and expenses, including reasonable attorneys' fees, expended or incurred by Commission in connection with such contest. If any Insolvency Proceeding is commenced by or against a. ': or Guarantor, at Commission's election, Guarantor's obligations under this Guaranty shall immediately and without notice or demand become due and payable, whether or not then otherwise due and payable. 5. Authorization. Guarantor authorizes Commission, without notice and without affecting Guarantor's liability under this Guaranty, from time to time, whether before or after any revocation of this Guaranty, to alter, modify or amend the Plans, the General Contract or any of the relevant terms, covenants and conditions of the DDA. 6. Waivers. To the maximum extent ermitted by law, Guarantor waives (a) all rights to require Commission to proceed against , or any other guarantor, or proceed against, enforce or exhaust any security for the Construction or to marshal assets or to pursue any other remedy in Commission's power whatsoever; (b) all defenses arising by reason of any disability or other defense of . , the cessation for any reason of the liability of , any defense that any other indemnity, guaranty or security was to be obtained, any claim that Commission has made Guarantor's obligations more burdensome or more burdensome than 's obligations; (c) all presentments, demands for performance, notices of nonperformance, protests, notices of protest, notices of dishonor, notices of acceptance of this Guaranty, and all other noticesor demands to which Guarantor might otherwise be entitled; (d) all conditions precedent to the effectiveness of this Guaranty; (e) all rights to file a claim in connection with the obligations in an Insolvency Proceeding filed by or against; and (f) all rights to require Commission to enforce any of its remedies. 7. Guarantor to Keep Informed. Guarantor warrants having established with. adequate means of obtaining, on an ongoing basis, such information as Guarantor may require concerning all matters bearing on the risk of nonperformance of the Construction. Guarantor assumes sole, continuing responsibility for obtaining such information from sources other than from Commission. Commission has no duty to provide any information to Guarantor until Commission receives Guarantor's written request for specific information in Commission's possession and has authorized Commission to disclose such information to Guarantor. 8. Authorization. Where is a corporation, partnership or other entity, Commission need not in uire into or verify the powers or authority of those acting or purporting to act on behalf of k ' , and this Guaranty shall be enforceable in reliance on the purported exercise of such powers or authority. EXHIBIT "L" Page 2 of 4 \\cdcnt\datal\users\PReard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc 9. Assignments. Without notice to Guarantor, Commission may assign its rights with respect to the Construction and this Guaranty, in whole or in part, and may disclose to any prospective or actual purchaser any and all information Commission has or acquires concerning Guarantor and/or this Guaranty. 10. Counsel Fees and Costs. The prevailing party shall be entitled to attorneys' fees (including the allocated costs of Commission's in-house counsel and legal staff), and all other costs and expenses which it may incur in connection with the enforcement or preservation of its rights under, or defense of, this Guaranty or in connection with any other dispute or proceeding relating to this Guaranty, whether or not incurred in any Insolvency Proceeding, arbitration, litigation or other proceeding. 11. Integration/Severability/Amendments. This Guaranty is intended by Guarantor and Commission as the complete, final expression of their agreement concerning its subject matter. It supersedes all prior understandings or agreements with respect thereto and may be changed only by a writing signed by Guarantor and Commission. No course of dealing, or parol or extrinsic evidence shall be used to modify or supplement the express terms of this Guaranty. If any provision of this Guaranty is found to be illegal, invalid or unenforceable, such provision shall be enforced to the maximum extent permitted, but if fully unenforceable, such provision shall be severable, and this Guaranty shall be construed as if such provision had never been a part of this Guaranty and the remaining provisions shall continue in full force and effect. 12. Notice. Any notice given by any party under this Guaranty shall be effective only upon its receipt by the other party and only if (a) given in writing and (b) personally delivered or sent by United States mail, postage prepaid, and addressed to Commission or Guarantor at their respective addresses for notices indicated below. Guarantor and Commission may change the place to which notices, requests, and other communications are to be sent to them by giving written notice of such change to the other. 13. California Law. This Guaranty shall be governed by and construed according to the laws of California, and Guarantor submits to the nonexclusive jurisdiction of the state or federal courts in California. 14. Subordinate Obligation. Notwithstanding anything contained in this Guaranty to the contrary, Commission acknowledges and agrees that this Guaranty in subject and subordinate to a prior and superior guaranty made by Guarantor in favor of 15. Termination. This Guaranty shall terminate and be of no further force or effect upon completion of the Construction and payment of all costs thereof. [INTENTIONALLY LEFT BLANK] EXHIBIT "L„ Page 3 of 4 \\cdent\datal\users \PReard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc Executed as of , 20_. Guarantor acknowledges having received a copy of this Guaranty and having made each waiver contained in this Guaranty with full knowledge of its consequences. Address for notices sent to Commission: National City Housing Commission 303 East "B" Street National City, California 91764 Attn: Executive Director APPROVED AS TO FORM: LAW OFFICES OF LANCE E. GARBER, Special Counsel By: Lance E. Garber "GUARANTOR" THE RELATED COMPANIES, L.P., a New York limited partnership By: Its: Address for notices sent to Guarantor: The Related Companies, L.P. 60 Columbus Circle New York, New York 10023 Attn: EXHIBIT "L" Page4of4 \\cdcnt\datal\users\PBeard\pyatok\ final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11 doc EXHH3IT "M" ASSIGNMENT OF ARCHITECTURAL AGREEMENTS AND PLANS AND SPECIFICATIONS Project/Phase _] FOR VALUE RECEIVED, the undersigned, L.P., a California limited partnership ("Developer"), assigns to COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a public body, corporate and politic ("Commission"), all of its right, title and interest in and to: 4. All architectural, design, engineering and development agreements, and any and all amendments, modifications, supplements, addenda and general conditions thereto (collectively, "Architectural Agreements"), and 5. All plans and specifications, shop drawings, working drawings, amendments, modifications, changes, supplements, general conditions and addenda thereto (collectively, "Plans and Specifications"), heretofore or hereafter entered into or prepared by any architect, engineer or other person or entity (collectively, "Architect"), for or on behalf of Developer in connection with the construction of the Improvements on the Real Property described on Exhibit "A" attached hereto. The Plans and Specifications, as of the date hereof, are those which Developer has heretofore, or will hereafter deliver to Commission. The Architectural Agreements include, but are not limited to, the architectural agreement or contract between Developer and .` ,: . dated c,,s. This ASSIGNMENT OF ARCHITECTURAL AGREEMENTS AND PLANS AND SPECIFICATIONS ("Assignment") constitutes a present, absolute and unconditional assignment to Commission. Developer acknowledges that by accepting this Assignment, Commission does not assume any of Developer's obligations under the Architectural Agreements with respect to the Plans and Specifications. Developer represents and warrants to Commission that: (a) all Architectural Agreements entered into by Developer are in full force and effect and are enforceable in accordance with their terms and no default, or event which would constitute a default after notice or the passage of time, or both, exists with respect to said Architectural Agreements; (b) all copies of the Architectural Agreements and Plans and Specifications delivered to Commission are complete and correct; and (c) Developer has not assigned any of its rights under the Architectural Agreements or with respect to the Plans and Specifications other than to [insert Construction Lender], which assignment shall be senior and superior to the assignment contemplated hereby in all respects. This Assignment shall be governed by the laws of the State of California, except to the extent that federal laws preempt the laws of the State of California, and Developer consents to the jurisdiction of any federal or state court within the State of California having proper venue EXHIBIT "M" Page 1 of 3 \\cdcnt\datal\users\'Beard\pyatok\lina! DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc for the filing and maintenance of any action arising hereunder and agrees that the prevailing palsy in any such action shall be entitled, in addition to any other recovery, to reasonable attorneys' fees and costs. This Assignment shall be binding upon and inure to the benefit of the heirs, legal representatives, assigns, and successors -in -interest of Developer and Commission. The attached Architect's/Engineers Consent and Exhibit "A" are incorporated by reference. Executed by Developer on , 201_. "Trustor" PARADISE CREEK HOUSING PARTNERS, L.P., a California limited partnership By: RELATED/PARADISE CREEK DEVELOPMENT CO., LLC, a California limited liability company, its Administrative General Partner By: Frank Cardone, Vice President By: CHW PARADISE CREEK DEVELOPMENT CO., LLC, a California limited liability company, its Managing General Partner By: COMMUNITY HOUSING WORKS, a California nonprofit public benefit corporation, its Managing Member By: Anne B. Wilson Senior Vice President EXHIBIT "M" Page 2 of 3 \\cdcnt\datal\users\P13eard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-1 l.doc ARCHITECT'S/ENGINEER'S CONSENT Project] The undersigned architect and/or engineer (collectively referred to as "Architect") hereby consents to the foregoing Assignment to which this Architect's/Engineer's Consent ("Consent") is a part, and acknowledges that there presently exists no unpaid claims due to the Architect arising out of the preparation and delivery of the Plans and Specifications to Developer and/or the performance of the Architect's obligations under the Architectural Agreements described in the Assignment. Architect agrees that, by virtue of the foregoing Assignment, Commission has succeeded to all of Developer's right, title and interest in, to and under the Architectural Agreements and the Plans and Specifications and, therefore, so long as the Architect continues to receive the compensation called for under the Architectural Agreements, Commission and its successors and assigns may, at their option, use and rely on the Plans and Specifications for the purposes for which they were prepared, and Architect will continue to perform its obligations under the Architectural Agreements for the benefit and account of Commission and its successors and assigns in the same manner as if performed for the benefit or account of Developer in the absence of the Assignment. Architect warrants and presents that it/he has no knowledge of any prior assignment(s) of any interest in either the Plans and Specifications and/or the Architectural Agreements. Except as otherwise defined herein, the terms used herein shall have the meanings given them in the Assignment. Executed on , 200_ "Architect" ,a B y: Name: Its: Architect's Address: Phone No.: Fax No.: EXHIBIT "M" Page 3 of 3 \\cdcnt\datal\users \FBeard\pyatok\Final DDA does\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc EXHIBIT "A" PROPERTY DESCRIPTION Exhibit "A" to Assignment of Architectural Agreements and Plans and Specifications dated as of , 200_, between, , L.P., a California limited partnership, as Developer, and COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a public body, corporate and politic. [attached] EXHIBIT "A" TO EXHIBIT "M" Page 1 of 1 \\cdcnt\datal\usersTBeard\pyatok\Final DDA docs\DDA v 6 6 II s x FINAL FINAL 6-8-1 I.do; EXHIBIT "N" LIST OF ENVIRONMENTAL DOCUMENTS Public Works Yard (APNs 560-391-08, 560-396-06, southern portion of 559-124-05) Report of Subsurface Activities (June 7, 2005) UST Removal Report (June 2006) Well Installation Report (March 12, 2007) Phase I Environmental Site Assessment (February 2009) Draft Phase II Site Investigation (February 2010) Risk Assessment Memorandum (June 2, 2009) 2011 Quarterly Groundwater Monitoring (In progress) Ille's Property (APNs 560-206-05 and 560-391-10) Phase I Environmental Site Assessment (January 10, 2010) Phase II Site Investigation (August 16, 2010) 1.5 Acre Property (APN 559-104-10) Phase I ESA (February 2009) Note that the Phase I was completed for both the 1.5 and 2.1-acre areas combined PEA (June 2006) Focused PEA (June 2009) 2.1 Acre Property (APNs 559-125-15 and northern portion of 559-124-05) Phase I ESA (February 2009) Combined with 1.5-acre Phase I report. PEA (June 2007) Areawide Environmental Inventory for Westside Specific Plan area dated November, 2007 EXHIBIT "N" Page 1 of 1 \\cdcnt\datal\users\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-1 Ldoc EXHIBIT "0" DISBURSEMENT REQUEST FOR APARTMENTS PROJECT PHASE [ ] PREDEVELOPMENT WORK LOAN DISBURSEMENT REQUEST Property Address: , National City, California Disbursement No. The undersigned, on behalf of PARADISE CREEK HOUSING PARTNERS, L.P., hereby requests a disbursement in the amount, and on the date, set forth below, pursuant to that certain Disposition and Development Agreement (the "Agreement") dated as of June 21, 2011, between COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a public body, corporate and politic ("Commission"), and PARADISE CREEK HOUSING PARTNERS, L.P., a California limited partnership ("Developer"). Capitalized terms used and not otherwise defined herein shall have the meanings set forth for them in the Agreement. REQUEST AMOUNT: REQUEST DATE: Developer hereby represents and warrants to Commission that: 1. The requested disbursement shall be applied to pay Phase [_] Predevelopment Work costs in accordance with the itemized Payment Request attached hereto. 2. A11 costs shown in all prior Disbursement Requests (and Payment Requests) have been paid in full, Developer has received valid lien releases or waivers from all contractors, subcontractors and materialmen with respect to all payments made for work and materials if the work or materials could give rise to a mechanic's or a materialmen's lien against the Property, and Developer has no knowledge of any mechanic's lien claims against the Property. 3. The Predevelopment Work is being performed in substantial conformance with the Phase [ ] Predevelopment Plan and Budget, and all applicable governmental requirements, and the Phase I Predevelopment Work has progressed to the point indicated on the attached Payment Request. EXHIBIT "0" Page 1 of 2 Ucdent\dataI\users\PBeard\pyatok\Final DDA does\DDA v 6 6 11 s x FINAL FINAL 6-8-II doc 4. The attached Payment Request is an accurate and complete statement of all amounts previously paid or now due and all amounts expected to be incurred in connection with the completion of the Phase [] Predevelopment Work. 5. All representations and warranties in the Agreement and the other Project Documents are true and correct as of the date of this request as if made on and as of the date of this request. No Event of Default by Developer remains uncured, and no event has occurred which, with the giving of notice or the passage of time or both, would constitute an Event of Default by Developer. DATE: Designated Representative Contractor hereby certifies that Paragraphs 2 (with respect to costs covered by Contractor's Contract), 3 (with respect to work covered by Contractor's Contract), 4 (with respect to costs and work covered by Contractor's Contract) and 5, above, are true to the best of Contractor's knowledge. PAYMENT APPROVED: Contractor Commission Inspector Commission Officer APPROVED CHANGE ORDERS: Order No. Work Item Amount Approved Date EXHIBIT "0" Page 2 of 2 \\cdcnt\datal\usersU'Beard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc EXHIBIT " P" PRELIMINARY PHASE II PREDEVELOPMENT PLAN AND BUDGET PHASE IPREDEVELOPWOR PI -AM A181 V/O.E2 Prrlafd 0MP rPnWMad hat . U. GLtlrnwA ToS Pow l hydrrMop oii PMn ISM dMo t Ma II. 0.24 Mal and ePoirl A.*eds. ane EngPeMv9 50 it.=00.U.Uro 11.500.008 Penults and Fen 50 S125. S125p00 GMftzga SO S1WY9 SIOO.flm conaacene Cob Moran.) SO 5500.0m W 1300.000 COtAC A'CAC FOES la 5115.1® S115,608 MT al to tivp MO R.ISP,cpP t)t T00161MMe8 not be SpMaeQSer Om resonate/ necnsary to pefnaaaCOiAC agprtm as Cfose 0P ESCmr bac_M a*Maallestlea1aUWe 5partnty. tll "Wpm. omaeliveora0rg. EXHIBIT 11P" Page 1 of 1 \\cdcnt\data1\users\PBcard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-I Ldoc EXHIBIT "Q" EXHIBIT "Q" DRAFT TEXTUAL AMENDMENT to the REDEVELOPMENT PLAN for the NATIONAL CITY REDEVELOPMENT PROJECT AREA INTRODUCTION This Amendment to the Redevelopment Plan for the National City Redevelopment Project Area ("Amendment") accomplishes the following changes in the Existing Area: • increase the annual tax increment limit from $300 million to $475 million, • increase the amount of bonded indebtedness from $100 to $150 million, • increase by ten (10) years the timeframe to receive tax increment and the effectiveness of the redevelopment plan, • increase by ten (10) years the effectiveness of the redevelopment plan, • modify the duration. of affordability for residential projects affordable to low- to moderate -income households, • reinstate the time frame to commence eminent domain on certain properties within the Existing Area for non-residential properties for twelve (12) years from the date of adoption of the ordinance approving the Amendment, and • modify Exhibit D delineating properties subject to eminent domain. The Amendment will enable the Agency to retain all tools available to the Agency in implementing the Redevelopment Plan. The changes by this Amendment are not to be construed to amend, modify, change or affect in any other provisions the text of the Plan and does not add or delete territory from the boundaries of the National City Redevelopment Project Area. The Plan is hereby amended as follows: EXHIBIT "Q" Page 1 of 5 \\cdcnt1datal\users WReard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc AMENDMENT to the REDEVELOPMENT PLAN for the NATIONAL CITY REDEVELOPMENT PROJECT AREA AMENDMENT That Section 603 of the Redevelopment Plan entitled "Acquisition of Real Property" is hereby amended to modify the 4th paragraph to read as follows (Changes are in redline and strikethrough): Except as otherwise provided herein, or otherwise provided by law, no eminent domain proceeding to acquire property within the Project Area shall be commenced within the Center City Area, the Downtown Original Area, the Downtown 1985 Amendment Area, and the Added Area after ten (10) twelve (12) years following the date of adoption of the 2-007 2011 Ordinance amending this Plan. Such time limitation may be extended only by amendment of this Plan. That Section 638 of the Redevelopment Plan entitled "Duration of Affordability" is hereby amended to modify the 2nd and 3rd paragraphs to read as follows (Changes are in redline and strikethrough): "a. Fifteen Fifty -Five years for rental units. However, the CDC ..." "b. Ten Forty -Five years for owner -occupied units. However, the CDC may permit sales of owner -occupied units prior to the expiration of the -1-0 45-year period for a price in excess of that ..." That Section 802 of the Redevelopment Plan entitled `"Tax Increment Revenue" is hereby amended to modify the 7th, 8th, 9t , 10th, 11'h, 12th and 13th paragraphs to read as follows (Changes are in redline and strikethrough): "The number of dollars of taxes which may be divided and allocated to the CDC pursuant to Section 33670 of the Redevelopment Law, inclusive of payments to taxing agencies, shall not exceed $300 475 million, ...." "With respect to the E.J. Christman1 Area, notwithstanding any other provision of this Plan,--. the CDC shall not pay indebtedness with the proceeds of property taxes received pursuant to Heath and Safety Code EXHIBIT "Q" Page 2of5 \\edcnt\datallusers\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc Section 33670 or receive property taxes pursuant to Health and Safety Code Section 33670 after November 18, 2019 December 18, 2030. These limitations ..." "With respect to the South Bay Town and Country Area, notwithstanding any other provision of this Plan,... the CDC shall not pay indebtedness with the proceeds of property taxes received pursuant to Heath and Safety Code Section 33670 or receive property taxes pursuant to Health and Safety Code Section 33670 after June 21, 2025 July 25, 2036. These limitations ..." "With respect to the Center City Area, notwithstanding any other provision of this Plan,... the CDC shall not pay indebtedness with the proceeds of property taxes received pursuant to Heath and Safety Code Section 33670 or receive property taxes pursuant to Health and Safety Code Section 33670 after April 13, 2026 May 13, 2037. These limitations ..." "With respect to the E.J, Christman2 Area, notwithstanding any other provision of this Plan,... the CDC shall not pay indebtedness with the proceeds of property taxes received pursuant to Heath and Safety Code Section 33670 or receive property taxes pursuant to Health and Safety Code Section 33670 after December 13, 2027 January 13, 2039. These limitations ..." "With respect to the Downtown Original Area, notwithstanding any other provision of this Plan,... the CDC shall not pay indebtedness with the proceeds of property taxes received pursuant to Heath and Safety Code Section 33670 or receive property taxes pursuant to Health and Safety Code Section 33670 after December 1, 2031 January 1, 2042. These limitations ..." "With respect to the Downtown 1985 Amendment Area, notwithstanding any other provision of this Plan,... the CDC shall not pay indebtedness with the proceeds of property taxes received pursuant to Heath and Safety Code Section 33670 or receive property taxes pursuant to Health and Safety Code Section 33670 after April 16, 2035 May 16, 2046. These limitations ..." That Section 803 of the Redevelopment Plan entitled "CDC Bonds" is hereby amended to modify the 4th paragraph to read as follows (Changes are in redline and strikethrough): The amount of bonded indebtedness, to be repaid in whole or in part from the allocation of taxes pursuant to Section 33670 of the Redevelopment EXHIBIT "Q" Page 3 of 5 \\cdcntklatal\usersWBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc Law, which can be outstanding at one time shall not exceed $400-0 150.0 million, except by amendment to this Plan. That Section 1100 of the Redevelopment Plan entitled "Duration of Plan" is hereby amended to modify the 1st, 2na 3`a 4tfl , 5t1i and 6th paragraphs to read as follows (Changes are in redline and strikethrough): "With respect to the E.J. Christmanl Area, except for the nondiscrimination and nonsegregation provisions which shall run in perpetuity, the provisions of this Plan shall expire on November 18, 2009 December 18, 2020. After this time limit, the Agency shall have no authority to act pursuant to this Plan except..." "With respect to the South Bay Town and Country Area, except for the nondiscrimination and nonsegregation provisions which shall run in perpetuity, the provisions of this Plan shall expire on June 24, 2015 July 25, 2026. After this time limit, the Agency shall have no authority to act pursuant to this Plan except..." "With respect to the Center City Area, except for the nondiscrimination and nonsegregation provisions which shall run in perpetuity, the provisions of this Plan shall expire on April 13, 2016 May 13, 2027. After this time limit, the Agency shall have no authority to act pursuant to this Plan except..." "With respect to the E.J. Christman2 Area, except for the nondiscrimination and nonsegregation provisions which shall run in perpetuity, the provisions of this Plan shall expire on December 13, 2017 January 13, 2029. After this time limit, the Agency shall have no authority to act pursuant to this Plan except..." "With respect to the Downtown Original Area, except for the nondiscrimination and nonsegregation provisions which shall run in perpetuity, the provisions of this Plan shall expire on December 1, 2021 January 1, 2032. After this time limit, the Agency shall have no authority to act pursuant to this Plan except..." "With respect to the Downtown 1985 Amendment Area, except for the nondiscrimination and nonsegregation provisions which shall run in perpetuity, the provisions of this Plan shall expire on April 16, 2025 May 16, 2036. After this time limit, the Agency shall have no authority to act pursuant to this Plan except..." EXHIBIT "Q" Page 4of5 \\cdcnt\datal\users\P6eard\pyatok\Final DDA does\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc That Exhibit D of the Redevelopment Plan entitled "Location of Real Property Potentially Subject to Acquisition by Eminent Domain" is hereby amended to add 1st and 2n1 bullet points as follows: Existing Area (as defined in Section 300 of this Plan) • All parcels located between Highland Avenue and Interstate 805 on the north and south sides of Plaza Boulevard as indicated on the attached map. • All parcels located between East 18th Street on the north Interstate 805 on the east, Highway 54 on the south, and "N" & Palm Avenues on the east as indicated on the attached map. • All parcels located immediately east and adjacent to National City Boulevard, between... EXHIBIT "Q" Page 5 of 5 \\cdcnt\data]\users\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-1 I.doc EXHIBIT "R" HOME PROGRAM REQUIREMENTS A. Affordability. Developer shall ensure that the housing assisted with HOME funds meets the affordability requirements of 24 CFR 92 and 94, as applicable. B. Affirmative Marketing Procedures. Developer shall adopt affirmative marketing procedures and requirements for all HOME assisted housing in compliance with 24 CFR § 92.351, as well as City's affirmative marketing responsibilities. Affirmative marketing steps consists, at a minimum, of actions to provide information and otherwise attract eligible persons from all racial, ethnic, and gender groups in the housing market area to the available housing assistance program The procedures and requirements must include methods for informing the public and owners about fair housing laws and policies so as to ensure that all individuals, without regard to race, color, national origin, religion, or sex are given an equal opportunity to participate in the program. Developer shall be solely responsible for the effective marketing responsibilities necessary to achieve Developer's production goals set forth in Section 2. C. Environmental Review. The City has assessed the activities carried out under this agreement in accordance with the provisions of the National Environmental Policy Act of 1969 (NEPA) and the related authorities listed in HUD's implementing regulations at 24 CFR parts 50 and 58. The City has determined that the activities described in the Scope of Work are exempt from environmental review as described at 24 CFR 58.35(b) 6. D. Displacement, Relocation, and Acquisition. Developer will comply with 24 CFR § 92.353 if any individual or business is displaced or relocated as a result of any predevelopment activities. E. Procurement. Unless specified otherwise within this agreement, Developer shall procure all materials, property, or services in accordance with the requirements of 24 CFR 84.40-48. Developer will follow their written policy for procurement. F. HOME Program Conflict of Interest. No member, officer or employee of City or its designees or agents; no member of the governing body of the locality in which the Program is situated; and no other public official of such locality or localities, who exercises any functions or responsibilities with respect to the program funded hereunder during their tenure or for one year thereafter, shall have any interest, direct or indirect, in any Contract or subcontract, or the proceeds thereof, for work to be performed hereunder. Developer agrees to incorporate, or cause to be incorporated, like language prohibiting such interest in all contracts and subcontracts hereunder. No officer, employee, member or program participant of Developer its contractors or its subcontractors shall have a financial interest, direct or indirect, in this Contract or the monies transferred hereunder or be financially interested, directly or indirectly, in the EXHIBIT "R" Page 1 of 5 \\cdcut\datal\users \PBcard\pyatok\Final DOA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11-doc sale to Developer of any land, materials, supplies or services purchased with any funds transferred hereunder, except on behalf of Developer, as an officer, employee, member or program participant. Any willful violation of this paragraph with the knowledge, expressed or implied, of Developer or its subcontractors shall render this Contract voidable by City. G. Lead -Based Paint Hazards. Developer agrees that any residential structures with assistance provided under this Agreement shall be subject to HUD Lead -Based Paint Regulations at 24 CFR Part 92.355. Such regulations pertain to all HOME -assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead -based paint. Such notification shall point out the hazards of lead -based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead -based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead - based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. H. Flood Disaster Protection. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), Developer shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). 1. Reversion of Assets. Upon the termination or expiration of the term of this Agreement, Developer must transfer to the City any HOME funds on hand at the time of expiration and any accounts receivable attributable to the use of HOME funds. J. Program Income. All program income produced or funds recaptured under this Contract Agreement and obtained by Developer shall be retained by Developer during the contract period for eligible uses on the Project. Developer shall refund any program income to the City attributable to the use of HOME funds under this agreement at the time of cancellation, expiration, or termination. K. Program Monitoring. In accordance with 24 CFR § 92.254, the City will monitor Developer, no less than one (1) time per year. Each review shall also include, but not be limited to on -site inspections to determine compliance with all HOME regulations and standards. Developer shall fully cooperate with the City in monitoring the effectiveness and work performed by Developer in compliance with the terms of the Agreement. City shall have access at a reasonable hour to all offices and records (dealing with the use of funds that are the basis of this Agreement) of Developer, it officers, directors, agents, employees, and subcontractors for the purposes of such monitoring. City shall give Developer reasonable notice for accessing offices and records. EXHIBIT "R" Page 2 of 5 \\cdcnt\datal\users\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc L. Uniform Administrative Requirements. Developer agrees to comply with the HOME requirements 24 CFR § 92.505 and the requirements and standards of OMB Circular A-122, "Cost Principles for Non -Profit Organizations" and with the following Attachments to OMB Circular No. A-110 and any changes to either Circular. It is understood that certain items below may not be applicable to Developer's operations and to the performance of this contract: a) Attachment A, "Cash Depositories," except for Paragraph 4 concerning deposit insurance; b) Attachment B, "Bonding and Insurance"; c) Attachment C, "Retention and Custodial Requirements for Records"; d) Attachment F, "Standards for Financial Management Systems"; e) Attachment H, "Monitoring and Reporting Program Performance," paragraph 2; f) Attachment N, "Property Management Standards," except for paragraph 3 concerning the standards; g) Attachment 0, "Procurement Standards"; and h) Attachment P, "Audit Requirements." i) Audits must be conducted in accordance with 24 CFR Part 44 and OMB Circular A-133. M. Enforcement of the Agreement. If assisted housing does not meet the applicable requirements under 24 CFR § 92.252 the CHDO Predevelopment Funds provided to the assisted project must be repaid to Developer within 60 days of failure to comply. Specific property recapture provisions must be stated in a HOME Affordability Agreement between the City and Developer that sates how the applicable requirements of 24 CFR § 92.252 will be met. N. Hatch Act. Developer agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. O. Conflict of Interest. Developer agrees to abide by the provisions of 24 CFR 84.42 and 570.611, which include (but are not limited to) the following: a. Developer shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. b. No employee, officer or agent of Developer shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. EXHIBIT "R" Page 3 of 5 \\cdcnt\datat\users\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11 doc c. No covered persons who exercise or have exercised any functions or responsibilities with respect to HOME -assisted activities, or who are in a position to participate in a decision -making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the HOME - assisted activity, or with respect to the proceeds from the HOME -assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, Developer, or any designated public agency. P. Lobbying. Developer hereby certifies that: a) No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and c) It will require that the language of paragraph (d) of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients and contractors shall certify and disclose accordingly: d) Lobbying Certification. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Q. Conditions for Religious Organizations. If applicable, Developer must meet the conditions in 24 CDF Part 92.257 regarding the use of HOME funds involving a primarily religious entity. EXHIBIT "R" Page 4 of 5 \\cdcnt\datal\users\PBeard\pyatok\Final DDA docs\DDA v 6 6 11 s x FINAI. FINAL 6-8-1 l.doc R. Closeout. HOME funds will be closed out in accordance with procedures established by HUD. EXHIBIT "R" Page 5 of 5 1\cdcnt\data llusers\PBeard\pyatokWFinal DDA docs\DDA v 6 6 11 s x FINAL FINAL 6-8-11.doc :TING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT June 21, 2011 AGENDA ITEM NO. '34 ITEM TITLE: Resolution of the Community Development Commission of the City of National City adopting a Budget for the Fiscal Year 2011-2012. (Community Development/Finance) PREPARED BY: Brad Raulston/Tess Limfueco PHONE: X 4250 EXPLANATION: Community Development DEPARTMENT: /Finance APPROVED BY: IOn June 7, 2011, the City Council considered the Community Development Commission's (CDC) Preliminary Budget for Fiscal Year 2011-2012. California State Law requires the Budget be adopted before the start of the new fiscal year on July 1. The preliminary budget will also be available on the City's website by July 1, 2011. This action formally adopts the CDC's Preliminary Budget for Fiscal Year 2011-2012. FINANCIAL STATEMENT: ACCOUNT NO. NIP ENVIRONMENTAL REVIEW: N/A1 ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: [, Finance APPROVED: MIS STAFF RECOMMENDATION: ;Adoption of the Budget for FY 2011 /2012) BOARD / COMMISSION RECOMMENDATION: TACHMENTS: 1. Resolution 2. Attachment 1 RESOLUTION NO. 2011 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ADOPTING A BUDGET FOR THE FISCAL YEAR 2011-2012 WHEREAS, on June 7, 2011, the Executive Director of the Community Development Commission of the City of National City (CDC) submitted a recommended budget for the 2011-2012 fiscal year, which has been discussed and deliberated in public session. NOW, THEREFORE, BE IT RESOLVED by the Community Development Commission of the City of National City that the budget for the fiscal year beginning July 1, 2011, with CDC expenditures totaling $51,406,205 is hereby approved, adopted, and appropriated. BE IT FURTHER RESOLVED that the fund appropriations set forth in the Projected Expenditures column of Attachment "1" shall be the maximum expenditures authorized for those funds. The Executive Director is hereby authorized to make budgetary revisions within and between budget line items within a fund. BE IT FURTHER RESOLVED that the Executive Director is hereby authorized to transfer monies up to the maximum set forth in the Transfers column in Attachment "1". BE IT FURTHER RESOLVED that the Community Development Commission of the City of National City does hereby authorize, and approve the number and classification of employees in the respective functions, departments, and/or activities as set forth in the fiscal year 2011-2012 budget. PASSED and ADOPTED this 21st day of June, 2011. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: Claudia G. Silva CDC General Council ATTACHMENT 1 COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY BUDGET ANALYSIS BY FUND, ALL FUNDS FISCAL YEAR 2011 - 2012 261 CDC Debt Service Fund 2,520,177 11,644,497 1,008,485 4,200,000 8,328,561 301 Grant -C.D.B.G 465,025 1,463,226 127,193 1,277,218 502 Section 8 2,995,159 9,196,000 9,439,633 505 HOME Program 24,804 596,954 179,215 506 HUD Program Income 842,498 7,200 546,413 511 Tax Increment Fund 442,114 136,488 4,200,000 4,176,245 522 Low & Moderate Income Housii 8,882,644 2,966,657 1,008,485 2,108,920 524 2011 TAB - Capital Improveme 15,000,000 0 10,350,000 525 2011 TAB - Housing 15,000,000 0 15,000,000 2,644,598 523,840 2,751,526 442,543 303,285 602,357 8,731,896 4,650,000 0 Total All Funds 46,172,421 26,011,022 5,208,485 5,335,678 51,406,205 20,650,045 •newen ua..�-,m;1.�° `ti$e_ Ade1'� x.., > '''� i505 HOME 3300 Investment Earnings 3321 HILP Payments - Interest 3481 Federal Grants 3604 (Ena) Exclusive Negotiation Agreement 3634 Miscellaneous Revenue 1506 HOME LOAN PROGRAM 3300 Investment Earnings 3321 Hilp Payments - Interest 3589 Returned Check Charges 3634 Miscellaneous Revenue 3636 Refunds & Reimbursements 511 TAX INCREMENT FUND 3300 Investment Earnings 3309 Rental Property Income 3321 Loan Interest 3463 Other State Grants 3498 Other Federal Grants 3634 Miscellaneous Revenue 3636 Refunds & Reimbursements 3999 Transfers From Other Funds 3569 Housing Inspections 3498 Other Federal Grants 3636 Refunds & Reimbursements - Hsg & Grants COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ESTIMATED FINANCING SOURCES SUMMARY BY FUND AND SOURCE FISCAL YEAR 2011-2012 261 CDC DEBT SERVICE FUND 3011 3300 3634 3999 Tax Increment Revenue Investment Earnings Miscellaneous Revenue Transfers From Other Funds 301 CDBG 3480 Federal Grants - CDBG 3481 Other Federal Grants 11,184,289 33,746 826,093 817,697 '- z4'S. 502 SECTION 8 3300 Investment Earnings 3600 Other Revenue - Portability 80% 8,790 3614 HUD Revenue -Housing Assit Payments 7,231,570 3615 Administrative Fees - PD 2,238,301 3616 Fraud Recovery -Hap 55,142 3617 Fraud Recovery -Administrative Fees 55,142 3618 Other Revenue - Portability Admin 115,498 3619 Other Revenue - Fss Forfeiture - 3634 Miscellaneous Revenue 73 3999 Transfers From Other Funds 608,152 ATRVIR 15,270 64,518 631,387 13,943 4,623 90 290 15 11,270,000 9,129,800 6,212 (5,063) 861,865 861,865 1,424,740 7,500 11,636,134 8,363 1,008,485 1,424,740 1,463,226 , 1,286 8,530,464 8,530,464 984,000 1,001,256 3,022 3,022 19,984 (3,009) 8,280,000 I 900,000 8,000 8,000 35,983 636,617 61,648 560,971 15,000 4,700 100 (2,239) 2,950 166 12,057 90,000 86,521 87,884 - 27,500 2,253 2,000 9,930 11,470 88,530 31 412,644 4,422 7,165 5,408,287 5,408,287 4,200,000 63,538 10,000 5,140 5,000 57,065 185,000 48,632 25,000 1,540 90,000 27,500 13,988 2,909,034 2,091 55,532 COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ESTIMATED FINANCING SOURCES SUMMARY BY FUND AND SOURCE FISCAL YEAR 2011-2012 3463 Other State Grants 3,001 1,250 3569 Housing Inspections 3463 Other State Grants - HPRP 522 LOW AND MODERATE INCOME HOUSING 3011 Tax Increment Revenue 3300 Investment Earnings 3321 FTHB Payments - Interest 3634 Miscellaneous Revenue 3999 Transfers From Other Funds 523 BROWNFIELD GRANT 3498 Brownfield Grant 2,796,072 54,697 209,967 927,881 988 617 16,916 3,432 2,817,500 1,553 208,489 2,377,634 1,000 16,987 2,409 1,000,000 72,454 COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY EXPENDITURE SUMMARY BY OBJECT FISCAL YEAR 2011-2012 t'Ft ,'�R,. �''" .R2-i .. j$�n zdzrf '/.'i' h . 1 �5"�'fL_IvhSrC..:y��.€ 4x'3'.�t .i^.. - '4P �, ei =k.w!?.P{•PKK 'a€a ilT ,Fz _4me �Y`�^ '�.n. W1f' �s.- �'�`.i; ''�k �t: ^• � I �.,yTw_'t` 261 CDC Debt Service Fund 8,328,561 8,328,561 301 Grant - C.D.B.G 352,390 12,955 911,873 1,277,218 502 Section 8 900,248 8,517,200 22,185 9,439,633 505 Horne 136,915 42,300 179,215 506 Horne Loan Program Fund 546,413 546,413 511 Tax Increment Fund 401 City Council 18,800 5,100 23,900 402 City Clerk 96,890 96,890 403 City Manager 257,057 360,000 617,057 404 Finance 265,980 55,220 321,200 405 City Atty 236,882 236,882 406 Development Services 93,163 48,000 141,163 407 Human Resources 35,124 35,124 409 Non -Departmental 800,000 800,000 410 City Treasurer 0 411 Police 0 412 Fire 0 422 Public Works 0 441 Community Services 0 445 Community Development 739,329 1,164,700 1,904,029 511 Tax Increment Fund 1,743,225 1,633,020 800,000 4,176,245 522 Low & Moderate Income Housing 108,920 2,000,000 2,108,920 524 2011 TAB -Capital Imporovement 10,350,000 10,350,000 525 2011 TAB - Housing 15,000,000 15,000,000 1adro 10:9PilOA$ 6.31% 37.12% Ali. -f„V*,-ii ,xs 0.00% 56.53% k.. ,T .s.C,-4c 0.04% { rAL 10000%ri. COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY FUND TRANSFERS DETAIL FISCAL YEAR 2011-12 301 Grant - CDBG Fund 001 General Fund 522 Low & Moderate Income Housing Fund 261 CDC Debt Service Fund 261 CDC Debt Service Fund 511 Tax Increment Fund Expenditure Recovery Reimburse Debt Service Fund for 1999 TAB and 2005 TAB (18%) Funding for operations and capital projects Total Transfers 127,193 1,008,485 4,200,000 5,335,678 COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY SUMMARY OF AUTHORIZED POSITIONS BY FUND FISCAL YEAR 2011-12 ;Fund 301 - CDBG Fund Accountant 301 I Civil Engineering Technician 301 Community Development Manager 301 Community Development Specialist I 301une CommDevelojment ci Spealist II i 301 . tY -Housing Inspector II _301 Librarian 301 Management Analyst I 301 Senior Library Technician 301 Stormwater Compliance Inspector 301 ' x Fund 502 - Section 8 Fund Accountant 502 City Manager 502 Community Development Manager 502 Customer Service Clerk 502 Executive Assistant IV _.._ 502 Executive Director 502 Housi g Assistant € 502 Housing Program Manager 502 Housing Specialist 502 Senior HousingSpecialist 502 Senior Office Assistant 502 Training Coordinator 502 Fund 505 -HOME Fund Community Development Manager Community Development Specialist I Community Development Specialist II Lead Housing Inspector Fund 511 - Tax Increment Fund Abandoned Vehicle Abatement Officer Accountant Accounting Assistant Administrative Secretary Administrative Secretary Administrative Secretary 511 511 511 511 511 511 0.00 0.25 0.25 0.00 i 0.00 . 0.50 0.00 0.00 0.20 0.00 0.70 0.90 0.75 0.85 1.00 0.00 __ 0.85_ + 0.90 0.00 i 0.00 �0.00���� 0.00 0.00 0.50 0.00 I 0.00 0.81 0.00 ; 0.00 0.20 0.00 0.20 0.00 0.00 r 0.00 0.05 0.50 0.50 0.50 0.00 0.00 0 00 0.00 i 0 00 0.05 0.10 i 0.10 0.10 2.00 i 2.00 2.00 1.00 1.00 1.00 4.50 4.50 _ 4.50 too 00 1 00 1.00 ' 1.00 w._ 1.00 _ 0.44 0.44 ._. 0.37 0.00 2.50 0.25 0.67 0.50 0.25 0.00 0.15 0.15 1.00 2.00 2.65 0.50 0.67 0.50 0.50 0.30 0.30 0.00 y me- 1.00 2.00 0.95 0.75 0.00 0.50 0.00 COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY SUMMARY OF AUTHORIZED POSITIONS BY FUND FISCAL YEAR 2011-12 L Assistant City Manager 511 Assistant Civil Engineer E 511 Associate Civil Engineer 511 Buyer City Attorney 511 511 City Clerk 511 City Engineer 511 City Manager 511 Civil Engineering Technician ( 511 Code Conformance Officer 1 511 a _ Community Development Director I 511 Community_Development Manager 1 511 Community Development Manager i 511 Community Development Specialist I , 511 Community Development Specialist II Community Development Specialist II Council Members Director of Finance" Director of Planning Executive Assistant II Executive Assistant II Executive Assistant IV Executive Asst III Executive Director Executive Director Executive Director Executive Secretary Executive Secretary Executive Secretary Executive Secretary Executive Secretary Financial Services Officer Graduate Intern* Graduate Intern* Graffiti Removal Assistant Graffiti Removal Technician Housing Inspector I" Housing Inspector II Housing Inspector II - Pa" Human Resources Director Information Systems Manager Information Systems Technician I Lead Housing Inspector Management Analyst I Management Analyst II Management Analyst II * Management Analyst III* 511 511 511 511 511 511 511 511 511 511 511 511 511 511 511 511 511 511 1- 511 511 511 511 511 511 511 511 511 511 511 511 511 511 511 0.30 0.40 0.03 0.00 0.15 0.00 0.15 0.30 0.50 0.50 0.50 0.50 0.50 0.15 0.00 0.00 0.30 0.50 0.25 ! 0.25 0.20 0.50 0.50 0.35 0.16 1.34 0.00 0.00 0.00 1.00 0.75 1 0.75 0.00 0.00 } 0.00 1.50 0.75 0.00 0.10 I 0.10 1.34 ! 0.67 2.00 1.75 000 0.00 0.00 0.00 0.30 0.40 0.00 0.00 0.22 0.24 0.00 i 0.00 0.20 0.40 0.30 0.30 0.30 0.70 0.70 0.75 0.00 0.00 0.00 0.00 0.12 0.00 0.30 0.30 0.70 0.00 0.00 0.00 0.00 0.00 0.00 0.20 0.34 0.00 0.50 E 0.50 0.50 0.25 1 0.25 � 0.00 0.25 10.25 0.00 0.10 0.10 0.29 0.30 0.40 0.40 0.00 0.50 0.50 0.50 0.50 0.00 0.67 0.67 0.67 0.67 0.67 i 0.67 1.00 0.00 0.88 0.15 0.00 1.00 1.00 0.00 0.12 I 0.12 0.12 0.00 0.00 0.30 1.00 1.00. _ 0.60 0.67 __.. __--x 0.00 ' 0.00 0.00 0.50 0.00 0.15 .d._ 0.00 0.00 0.12 0.12 0.00 0.50 0.00 0.00 1 COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY SUMMARY OF AUTHORIZED POSITIONS BY FUND FISCAL YEAR 2011-12 Management Intern Management Intern * Mayor Neighborhood Council Spec. Neighborhood Service Manager Office Assistant Office Assistant Office Assistant Payroll Technician Principal Civil Engineer Principal Planner Principal Planner* Project Manager Project Manager Redevelopment Purchasing Agent Purchasing Clerk Records Mgt. Officer Redevelopment Manager Risk Manager I Senior Accountant Senior Civil Engineering Technician Senior Code Conformance Officer Senior Office Assistant Senior Office Assistant Sr Economic Development Manager Sr. Asst. City Attorney 511 0.00 0.00 0.50 511 0.06 0.06 I � 0.00 511 0.00 0.00 0.00 511 0.33 0.50 0.00 511 0.00 0.00 0.00 511 0.25 0.50 0.50 511 0.00 0.20 -; 0.20 511 0.12 0.12 511 1 0.00 0.20 511 511 i 0.20 0,20_ 0.00 0.00 511 J 0.67 ? _ ... 0 67 0.00 511 I 0.00 0.00 , 0.00 511 y...? ...__000 0.00 ! 0.00 511 0.00 0.00 0.00 511 0.15 0.30 � 0.30 511 0.66 0.12 0.20 0.00 0.00 1 0.66 � _.. �0.50 511 ! 0.00 i 0.00 ; 511 0.25 0.50 0.00 511 P 0.00 0.20 0.40 511 0.03 0.00 0.00 511 0.67 0.67 0.67 511 0.05 0.05 0.05 511 + 0.00 0.00 0.67 511 0.00 0.00 0.00 511 0.40 0.45 0.50 Sr Office Assistant - FT 1 00 Sr. Office Assistant - FT 511 0.00 1.00 0.20 Stock Clerk/Storekeeper 511 0.07 j 0.07 0.07 Stormwater Compliance Inspector 511 0 00 0.00 0.10 Traffic Engineer 5 _._.. _� _... Undergraduate Intern 511 0.05 E 0.05 0 00 g.._ 511.._ 100_._. 1.00 0.00 Fund 522 Low and Moderate Income Housing Fund, men ve Communit Delo t Manager Y __. p g 522 2 i 0.50 Community Develo ment Specialist I 522 0.25 0 75 0.65 TING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT June 21, 2010 AGENDA ITEM NO. 35 ITEM TITLE: Resolution of the Community Development Commission of the City of National City adopting the Morgan Tower and Kimball Tower Budgets for Fiscal Year 2011-2012 (Community Development) PREPARED BY: Alfredo Yba r DEPARTMENT: PHONE: APPROVED BY: 619 336-4279 EXPLANATION: ity Development This is a request to approve the Morgan Tower and Kimball Tower Budgets for Fiscal Year 2011-12. The Community Development Commission operates several housing programs that benefit very low, low and moderate -income households in the City of National City. All costs of operating these programs are revenue offset. There is no cost to the City General Fund. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: The funding source is Morgan Tower and Kimball Tower rental revenues and Section 8 rental subsidies from the U.S. Department of Housing and Urban Development. There is no cost to the City General Fund. ENVIRONMENTAL REVIEW: Not Applicable ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the resolution approving the Morgan Tower and Kimball Tower budgets for the fiscal year 2011- 2012. BOARD / COMMISSION RECOMMENDATION: ACHMENTS: 1. Background 2. Morgan Budget 3. Kimball Budget RESOLUTION NO. 2011 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY ADOPTING THE MORGAN TOWER AND KIMBALL TOWER BUDGETS FOR FISCAL YEAR 2011-2012 WHEREAS, the Community Development Commission of the City of National City ("CDC") owns Kimball and Morgan Towers; and WHEREAS, Falkenberg, Gilliam and Associates has been the property management company for said Towers since 1995; and WHEREAS, an operating budget for each building is prepared by the management company, and is reviewed and approved by the CDC Board; and WHEREAS, the Kimball and Morgan Towers' operations do not have a direct financial impact on CDC operations, and should be presented and approved independently of the CDC's annual budget; and WHEREAS, an approximate 1.48% rent increase for the Morgan Tower, based on the HUD Automatic Adjustment Factor, is recommended to cover the cost of utilities, operating and maintenance expenses. WHEREAS, an approximate 2.63% rent increase for Kimball Tower is recommended to cover the costs of utilities, insurance, and operating and maintenance expenses. WHEREAS, the budgets for Kimball and Morgan Towers for the Fiscal Year 2011-2012 have been prepared and presented for approval. NOW, THEREFORE, BE IT RESOLVED, that the Community Development Commission of the City of National City hereby approves the Kimball and Morgan Towers budgets for Fiscal Year 2011-2012. PASSED and ADOPTED this 21st day of June, 2011. ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: Claudia G. Silva CDC General Council Ron Morrison, Chairman Attachment 1 Background Falkenberg, Gilliam and Associates (FGA) has been the property management company for the Morgan and Kimball Towers since 1995. Each year, an operating budget for each building is prepared by the management company and is reviewed and approved by the Community Development Commission. Morgan Tower Morgan Tower is a 152-unit complex located at 1415 D Avenue. Of the 152- units, one unit is reserved for property management staff and 151 are rented to qualified households. Of the 151 rental units, 149 receive Section 236 rental assistance from HUD. Two units are market (unsubsidized) rate and do not receive rental subsidies. Pursuant to HUD regulations, Morgan Tower is projected to receive a $10 or 1.48% increase in rent using HUD's automatic Annual Adjustment Factor (AAF). Rents cannot be increased beyond the HUD allowed AAF. The current rent per unit per month is $677 and the proposed rate is $687 per unit per month. The $10 rent increase will be covered by Section 236 rental subsidies for those households (149) receiving rental assistance. The two market rate units will receive an increase to their rent payment, unless the rent increase causes their housing costs to exceed 30% of the household's monthly income. Should this case arise, the FGA property management office may evaluate the household's eligibility to receive Section 236 rental assistance. Notable items of the Morgan Tower budget are: • Rent increase (1.48%) of $10 per month as allowed by HUD's Annual Adjustment Factor. • Office Assistant wasn't budgeted under (GL#6310) and therefore costs went down in this line item. • Morgan Tower required to transition from old HUD Occupancy Software to web -based system at $1,500 per year and therefore bookkeeping fees/accounting services line item (GL#6351) increased. • Worker's Compensation insurance (GL#6722) increased by more than 30%. • Health Insurance Benefits (GL#6723) increased by more than 17%. • Management rate increase (GL#6320) of 0.25%. • Even though the budget reflects a ($72,023) shortfall primarily due to increased costs of Worker's Compensation and Health Insurance, HUD administers a residual receipts account with a balance of over $227,000 which may be used to fund periodic shortfalls. • Capital Improvement Budget includes the removal and replacement of roof budgeted at $250,000 paid from replacement reserves. For the fiscal year ending June 30, 2012, the projected annual income is $1,232,396 and total cost of operations total $1,311,288 which includes loan principal payments of $218,492. After a HUD required deposit of $37,524 into a replacement reserve fund, the property has a shortfall of ($72,023). The shortfall will be paid from a residual receipts account held by the U.S. Department of Housing and Urban Development. As of April 30, 2011, the balance of the replacement reserve fund is $357,362. This building has a mortgage balance of approximately $2,294,461 with the final payment due August 1, 2019. Kimball Tower Kimball Tower is a 151 unit complex located at 1317 D Avenue owned free and clear by the Community Development Commission. Of the 151 total units, two (2) are reserved for property management staff and 149 are rented to qualified households. Of the 149 rental units, 134 units receive rental subsidies from HUD through the City of National City's Section 8 program. For the fiscal year ending June 30, 2012, the projected annual income is $1,056,788 and the total cost of operations total $1,054,539. Although this presents an income of $86,249, the property management company is required to place $84,000 in the replacement reserve account ($7,000 per month). Replacement reserves are funds that are restricted for the replacement of appliances, carpeting, or other unbudgeted building maintenance charges. As of April 30, 2011, the balance of the replacement reserve fund is $1,116,839. After funding the reserve account with the additional $84,000, the net income of the Kimball Tower is estimated to be $2,249. Due to overall increases in projected expenditures, FGA is recommending an increase of $15 (2.63%) per month/per unit from $570 to $585. Households receiving a Section 8 subsidy will not feel the impact of this rental increase, since the proposed rental increase will be covered by the rent subsidy. The 15 market rate units will receive an increase to their rent payment, unless the rent increase causes their housing costs to exceed 30% of the household's monthly income. In this case, the City's Section 8 program staff may evaluate the household's eligibility to receive Section 8 rental assistance. Highlights of Kimball Towers' Budget are: • Rent increase (GL#5120) of fifteen dollars (2.63%) per month from $570 to $585. Federal rent subsidies will pick up rent increase for those families being subsidized. • CDC Asset Management Fee (GL#6204) of $20,000. • Management rate increase (GL#6320) of 0.25% from 7.25% to 7.5% • Capital Improvement Budget (Kimball Tower office roof, $60,000) paid from replacement reserves. Staff recommends adopting the Morgan Tower and Kimball Tower budgets for the FY 2011-2012. 2 Attachment 2 MORGAN TOWERS 2011 Budget Narrative SUMMARY The 2011 Budget proposes a rent increase based on the HUD automatic Annual Adjustment Factor (AAF). This is the entire increase to which the building is entitled. Most all expenses have increased since last year's rent increase was effective. We will submit this rent adjustment request and expect the rent increase to be effective September 1, 2011. ACCT. DESCRIPTION EXPLANATION 5120 Rental Revenue The proposed rents are as follows: 5220 Vacancy Factor 5410 Financial Revenue -Project Operations 5430 Revenue from Investments - Residual Receipts 5440 Revenue from Investments - Replacements Reserves 5910 Laundry and Vending 6203 Conventions and Meetings 6210 Advertising and Marketing 6250 Other Renting Expenses 6310 Office Salaries 6311 6320 6330 Office Expenses Management Fee Manager's Salaries 6340 Legal Expenses 6350 Auditing Expenses 6351 Bookkeeping Fees / Accounting Services 6390 Misc. Administrative Expenses Unit Type # of Units Current Rents Proposed Increase Proposed Rents One -Bedroom 151 $677 $10 $687 One -Bedroom 1 Staff Budgeted at 1% of rents. Budgeted per audit. Budgeted at $0. The amount remains in the residual receipts account and may not be used for operations. Budgeted at $0. The amount remains in the reserve for replacement account and may not be used for operations. Budgeted per audit. Laundry facilities are leased. Budgeted per audit plus $500 for building staff to attend occupancy related training. Budgeted per current plus S500 for classified advertising of rental units. Budgeted per current plus $500 for background screening fees of potential tenants. Budgeted per current plus 5% for assistance in processing HUD paperwork at $630 per month plus $1,250 for additional work related to front-line assistance. Note that there is no longer an office assistant and therefore budget is low compared to audit and current activity. Budgeted per audit plus 5% for telephone and Internet, office equipment and maintenance, printing and copying expenses, office supplies, postage, etc. Budgeted a 0.25% rate increase fi om 4.75% to 5.0% of net rental and laundry revenue. Budgeted per current expense plus 5% for Patricia Estanciero, Resident Manager, working 32 hours per week, earning $1,733 per month. Note that the manager's salary is split between Morgan and Kimball Towers. Also budgeted for Rosa Flores, Assistant Manager, working 32 hours per week, earning $2,496 per month. Budgeted additional amount for overtime, sick time and salary increases. Budgeted per audit plus $500 for project related legal expenses. Budgeted per audit plus $500 for annual audit, electronic submission and filing fees. Budgeted $750 for quarterly computer maintenance, $765 for project computer software updates plus $1,500 forRealPage Software. Budgeted per current expense for Resident Council at $100 per month and for a service coordinator at $1,000 per month. Also includes an allowable 10% fee (of service coordinator costs) at $1,200 for quality assurance services. Prepared by Falkenberg/Gilliam & Associates, Inc. ■ Managing Agents 1560 West Colorado Boulevard, P.O. Box 7070, Pasadena, CA 91109-7070 • (323) 258-3512 DESCRIIPTION Electricity Water 6515 Supplies 6520 Contracts 6525 Garbage and Trash Removal 6530 Security Payroll/ Contract 6546 Heating/Cooling Repairs 6711 Payroll Taxes 6720 Property and Liability Insurance 6722 Worker's Compensation 6723 Health Insurance & Other Employee Benefits 6790 Misc. Taxes, Licenses and Permits 6820 Interest on Mortgage Payable 6850 Mortgage Insurance Premium Reserve for Replacement Deposits Principal Payments Required Morgan Towers ACCT. 6450 6451 6452 6453 2011 Budget Narrative EXPLANATION Budgeted per audit plus 5%. Budgeted per I2-month total of $33,890 plus 5%. Gas Budgeted per audit plus 5%. Sewer Budgeted per audit plus 5%. Current is low because Morgan Towers has not received sewer bill from Public Works for reimbursement. 6510 Payroll Budgeted per current expense plus 5% for Roberto Estanciero, Superintendent, working 19 hours a week earning $2,022 per month. Note that the Superintendent's salary is split between Morgan and Kimball Towers. Also budgeted for Philip Flores, Assistant Superintendent, working 37 hours a week earning $2,912 per month and for Keyanue McCallon, Maintenance working 40 hours a week earning $3,467. Budgeted additional amount for overtime, sick time and salary increases. Budgeted per current (less $16,769 for refrigerators and stoves, reimbursed from the reserve fund) plus 5% for cleaning and plumbing supplies, electrical and maintenance supplies, appliance parts, paint, and hardware and tools, etc. Page 2 Budgeted per audit (less $171,031 for capital needs items) plus 5% for elevator maintenance, plumbing and electrical repair, carpet cleaning, landscaping, exterminating, generator service, etc. Budgeted per audit plus 5%. Budgeted per audit plus 5% for guard service, quarterly fire alarm inspections, annual fire alarm monitoring, fire/sprinkler alarm repairs, smoke detector purchases and installation, and fire extinguisher service. Budgeted per audit plus 5% for heating and cooling repairs. Budgeted at 7.65% of salaries for Social Security and Medicare plus $224 each for SUI/ETT taxes. Budgeted per audit plus 5% for property and liability insurance. Budgeted per current premium of $15,133 plus 5%. Budgeted per current expense plus 5% for four employees at monthly cost of $699.38 each for health insurance, $5.90 each for life insurance, and $15.05 each for dental insurance. In addition, budgeted for pension cost which is 5% of each employee's base payroll. Budgeted per audit plus $500 for elevator inspection fees, generator permits, and other misc. fees. Budgeted per amortization schedule. Budgeted per amortization schedule. Budgeted per monthly deposit of $3,127. Budgeted per amortization schedule. May 19, 2011 Prepared by Fallcenberg/Gilliam & Associates, Inc. ■ Managing Agents 1560 West Colorado Boulevard, P.O. Box 7070, Pasadena, CA 91109-7070 ■ (323) 258-3512 Budget Worksheet Income and Expense Projections U.S. Department of Housing and Urban Development Office of Housing Federal Housing Commissioner Public reporting burden for this collection of information is estimated to average 1.5 hours per response, Including the time for reviewing instructions, searching existing data sources, gathering nd maintaining the data needed, and completing and reviewing the collection of information. This agency may not collect this information, and you are not required to complete this form, Mess it displays a currently valid OMB control number. i his Information Is collected in accordance with Title 11 of the National Housing Act which requires that HUD regulate rents for certain cooperative and subsidized rental projects. The Department formulated the processes by which owners could request Increases. The requirements for tenant participation in the rent Increase process, which Is included in Section 202 (b) of the HCD Amendments of 1978, necessitated that the Department design procedures to give constderetlon for tenant comments. The information gathered is not of a confidential nature. The Information is required to order to obtain benefits. OMB Approval No. 2502-0324 (exp. 09/3/2011) Project Number 129-38013 Name of Project MORGAN TOWERS Description of Account Acc1. No. ProfiULoss (FYE 6/30/2010) PUPM 151/12 Current FY (no. of mos. 9) PUPM 151/9 Budget from 911/11-8/31/12 PUPM 151112 Rental Rent Revenue - Gross Potential 5120 511,165 282.10 375,910 276.61 541,543 298.86 Income Tenant Assistance Payments 5121 663,850 366.36 534,421 393.25 703,301 386.14 5100 Rent Revenue - Stores & Commercial 5140 - - - Garage & Parking Spaces 5170 - - Flexible Subsidy Revenue 5180 - - - Mlscellaneous Rent Revenue 5190 - - - Excess Rent 5191 - - - Rent Revenue/Insurance 5192 - - - Special Claims Revenue 5193 - - - Retained Excess Income 5194 - - - Total Rent Revenue Potential a1 100% Occupancy 6100T 1,175,015 648.46 910,331 669.86 1,244,844 687.00 Vacancies Apartments 5220 6,060. 3.34 3,252 2.39 12,448 6.87 5200 Stores and Commercial 5240 - - Rental Concessions 5250 110 0.06 1,047 0.77 - Garage & Parking Spaces 5270 - - - Miscellaneous 5290 - Total Vacancies 5200T 6,170 3.41 4,299 3.16 12,448 6.87 Nat Rental Revenue (Rent Revenue less Vacancies) 51 fi2N 1,168,846 646.06 906,032 666.69 1,232,396 680.13 Income Nursing Homes/Assisted Living/Board 8 Care/ Other 00 Elderly Care/ Coop/ Other Revenues 6300 „naneial Financial Revenue - Project Operations 5410 82 0.05 20 0.01 82 0.05 Revenue Revenue from Investments - Res. Rec. 5430 485 0.27 - - 6400 Revenue from Investments - Rep1. Res 5440 2,529 1.40 - - Revenue from Investments - Miscellaneous 5490 - - - - - Total Financial Revenue 5400T 3,096 1.71 20 0.01 82 0.06 Other Laundry and Vending Revenue 5910 6,787 3.75 5,367 3.95'. 6,767 3.75 Revenue Tenant Charges 5920 - - - 5900 Interest Reduction Payments Revenue 5945 - - - Gifts (nonprofits) 5970 - - i - Miscelianeous Revenue 5990 255 0.14 100 0.07 - Total Other Revenue 5900T 7,042 3.89 6,467 4.02 6,787 3.751 Total Revenue 6000T 1,178,983 660.66 911,619 670.73 1,239,266 683.92 Admin. Conventions and Meetings 6203 2,228- 1.23 1,510 1.11 2,728 1.51 Expenses Management Consultants 6204 - - - 6200/ Advertising and Marketing 5210 1,118 0.62 1,081 0.80 1,618 0.89. 6300 Other Renting Expense 6250 - 1,048 0.77 1,548 0.85 Office Salaries 6310 24,440 13.49 12,679 9.33 9,188 5.07 Office Expenses 6311 16,222 8.95 6,785 4.99 17,033 9.40 Office or Model Apartment Rent 6312 - - - Management Fee 6320 52,412 28.92 42,188 31.04 61,959 34.19- Manager orSuperintendent Salaries 6330 54,498: 30.08 42,864 31.54 58,290 32.1'7 Administrative Rent Free Unit 6331 Legal Expenses- Project 6340 1,370, 0.76 1,080 0.79 1,870 1.03 Audit Expanses 6350 8,725 4:82 2,000 1.47 9,225 5.09 Bookkeeping Fees/Accounting Services 6351 875 0.48 2,890 2.13 3,166 1.75 Miscellaneous Administrative Expenses 6390 13,200 . 7.28 9,900 7.28 14,400 7.95 Total Administrative Expenses 6263 T 176,088 96.63 124,025 91.26 181,025 99.90 fous editions are obsolete page 1 of 2 ref. Handbook 4350.1 form HUD-92547-A (812000) Project Number Name of Project 129-3801 MORGAN TOWERS Description of Account Acct. No. ProbULoss (FYE 6/30/2010) PUPM 151/12 Current FY (no. of mos. 9) PUPM 151/9 Budget from 9/1/11-8/31/12 PUPM 151/12 Utilities Fuel Oil/Coal 6420 6400 Electricity 6450 43,224 23.85 29,836 21.95 45,385 25.05 Water 6461 31,658 17.47 25,258 18.59 35,585 19.64 Gas 6452 36,068 19.91 27,116 19.95 37,871 20.90 Sewer 6453 45,600 25.17 0 47,880 26.42 Total Utilities Expense 6400 T 166,550 86.40 82,210 60.49 166,721 92.01 Operating & Payroll 6510 106,225 58.62 96,901 71.30 113,346 62.55 Maint. Supplies 6515 69,708 38.47 37,305 27.45 55,586 30.68 Expenses Contracts 6520 356,393 196.68 104,305 76.75 194,630 107,41 6600 Operating and Maintenance Rent Free Unit 6521 - - - - Garbage and Trash Removal 6525 13,127 7,24 9,692 7.13 13,783 7.61 Security PayrolliContract 6530 31,723 17.51 21,391 15.74 33,309 18.38 Security Rent Free Unit 6531 - - - Heating/Cooling Repairs and Maintenance 6546 31,356 17.30 22,483 1.6.54 32,924 18.17 Snow Removal 6548 - - - Vehicle & Maint. Equip. Oper. and Repair 6570 - - - Misc. Operating & Maintenance Expenses 6590 - - - Total Operating & Maintenance Expenses 6500 T 608,532 335.83 292,077 214.92 443,578 244.80 Taxes & Real Estate Taxes 8710 - - Insurance Payroll Taxes (Project% share) 6711 16,270 8.98 13,754 10.12 14,250 7.86 6700 Property and Liability Insurance (Hazard) 6720 33,871 18.69 24,563 18.07 35,565 19,63' Fidelity Bond Insurance 6721 - - - Workmen's Compensation 6722 11,992 6.62 11,350 8.35 15890 8.77 Health Insurance & Other Employee Benefits 6723 32,785 18.09 19,217 14.14 43,883 24.22 Misc. Taxes, Llcen., Permits, & Insurance 6790 1,654 0.91 1,681 1.24 2,181 1.20 Total Taxes &Insurance 6700T 96,572 53.30 70,565 51.92 111,769 61.68 Financial Interest on Mortgage Payable 6820 188,132 92.79 117,710 86.62 141,564 78.13; Expenses Interest on Notes Payable (Long -Term) * 6830 6800 interest on Notes Payable (Short -Term)' 6640 6850 12,850 7.09 11,687 8.60 10,615 5.86, Mortgage Insurance Premium/Service Charge Miscellaneous Financial Expenses 8890 Total Financial Expenses 6800 T 180,982 99.88 129,397 95.21 152,179 83.98 Expenses Nursing Homes/Assisted Living/Board & 6900 Care/Other Eld. Care/ Coop/ Other 8900 Total Cost of Operations 6000T 1,217,724 672.03 608,274 513.81 1,055,272 582.38 Reserve for Replacements Dep. Required 37;524 20.71 28,143 20.71 37,824 26.71 Principal Payments Required 191,924 105.92 152,332 112.09 218,492 120.58' Debt Service for other approved loans Debt Service Reserve (if required) General Operating Reserve (Coops) �J ( 'S ('8789 Total Cash Requirements 1,447,172 798.66 646.61 1,311,288 723.67 Less Total Revenue 1,178,983 660.65 I. 2((911,519 670.73 1,239,265 683.92 Net Cash Surplus (Deficiency) (268,189) (148.01) 32,770 24.11 (72,023) (39.75) 5/19/2011 1 hereby certify that all the information stated herein, as well as any information provided In the accompaniment herewith, is true and accurate. Warning: HUD will prosecute false claims and statements_ Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3rt29, 3802) (Signature) Date (mmlddlyyyy) Pr�viW(dons ere obsolete 'HUD Approved Secondary Financing page 2 of 2 Only for Budget Projections. ref. Handbook 4350.1 form HUD-92547-A (8/2000) Morgan Tower Capital Improvement Budget Rooting Demolition and Reinstallation - $140,000 HVAC upgrades to Ventilation Systems - S110,000 Total S250,000 Budget Worksheet Income and Expense Projections U.S. Department of Housing and Urban Development Office of Housing Federal Housing Commissioner OMB Approval No. 2502-0324 (exp_ 09/3/2011) Public reporting burden for this collection of information is estimated to average 1.5 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not collect this information, and you are not required to complete um, unless 11 displays a currently valid OMB control number nformation is collected in accordance with Title 11 of the National Housing Act which requires that HUD regulate rents for certain cooperative and subsidized rental projects. The Department formulated the processes by which owners could request increases. The requirements for tenant participation in the rent increase process, which is included in Section 202 (b) of the HCD Amendments of 1978, necessitated that the Department design procedures to give consideration for tenant comments. The information gathered is not of a confidential nature The information is required in order to obtain benefits. Project Number Name of Project '- KIMBALL TOWER Description of Account Acct. No. Profit/Loss (FYE 6/30/2010) Current FY (no. of mos. 9) Budget from 9/1/11-8/31/12 Rental Rent Revenue - Gross Potential 5120 529,508 383,992 635,453 Income Tenant Assistance Payments 5121 353,782 340,423 424,567 5100 Rent Revenue - Stores & Commercial 5140 Garage & Parking Spaces 5170 Flexible Subsidy Revenue 5180 Miscellaneous Rent Revenue 5190 Excess Rent 5191 Rent Revenue/Insurance 5192 Special Claims Revenue 5193 Retained Excess Income 5194 Total Rent Revenue Potential at 100% Occupancy 5100T 883,290 724,415 1,060,020 Vacancies Apartments 5220 2,721 894 10,600 5200 Stores and Commercial 5240 Rental Concessions 5250 Garage & Parking Spaces 5270 Miscellaneous 5290 Total Vacancies 5200T 2,721 894 10,600 I Net Rental Revenue (Rent Revenue less Vacancies) 5152N 880,569 723,521 1,049,420 Nursing Homes/Assisted Living/Board 8 Care/Other Elderly Care/ Coop/ Other Revenues 5300 Financial Financial Revenue - Project Operations 5410 109 23 109 Revenue Revenue from Investments - Res. Rec. 5430 5400 Revenue from Investments - Repl. Res 5440 3,738 Revenue from Investments - Miscellaneous 5490 - Total Financial Revenue 5400T 3,847 23 109 Other Laundry and Vending Revenue 5910 7,119 5,383 7,119 Revenue Tenant Charges 5920 5900 Interest Reduction Payments Revenue 5945 Gifts (nonprofits) 5970 Miscellaneous Revenue 5990 140 320 140 Total Other Revenue 5900T 7,259 5,703 7,259 Total Revenue 5000T 891,675 729,247 1,056,788 Admin. Conventions and Meetings 6203 2,237 4,085 2,737 Expenses Management Consultants 6204 20,000 6200/ Advertising and Marketing 6300- 6210 Other Renting Expense 6250 52 500 Office Salaries 6310 33,793 34,546 41,344 Office Expenses 6311 25,880 '13,954 27,174 Office or Model Apartment Rent 6312 - Management Fee 6320 60,363 51,844 79,240 Manager or Superintendent Salaries . 6330 51,713 41,841 56,542 Administrative Rent Free Unit 6331 17,784 10,960 14,040 Legal Expenses - Project 6340 - 1,080 1,580 Audit Expenses 6350 3,500 3,000 4,000 Bookkeeping Fees/Accounting Services 6351 1,555 3,740 4,494 Miscellaneous Administrative Expenses 6390 13,200 9,900 14,400 Total Administrative Expenses 6263 T 210,025 175,002 266,051 Previous editions are obsolete page 1 of 2 ref. Handbook 4350.1 form HUD-92547-A (8/2000) Project Number Name of Project KIMBALL TOWER Description of Account Utilities Fuel Oil/Coal Acct. No. 6420 Profit/Loss (FYE 6/30/2010) Current FY (no. of mos. 9) Budget from 9/1/11-8/31/12 6400 Electricity 6450 45,693 33,157 47,978 Water 6451 29,734 20,985 33,120 Gas 6452 47,681 40,672 55,163 Sewer 6453 45,300 0 47,565 Total Utilities Expense 6400 T 168,408 94,814 183,826 Operating & Payroll 6510 101,809 73,993 109,418 Maint. Supplies 6515 58,354 36,788 56,337 Expenses Contracts 6520 497,185 136,430 171,744 6500 Operating and Maintenance Rent Free Unit 6521 Garbage and Trash Removal 6525 14,257 10,408 14,970 Security Payroll/Contract 6530 28,412 22,226 29,833 Security Rent Free Unit 6531 Heating/Cooling Repairs and Maintenance 6546 33,000 15,703 22,718 Snow Removal 6548 Vehicle & Maint. Equip. Oper. and Repair 6570 Misc. Operating & Maintenance Expenses 6590 Total Operating & Maintenance Expenses 6500 T 733,017 295,548 405,020 Taxes & Real Estate Taxes 6710 Insurance Payroll Taxes (Project's share) 6711 17,009 14,314 16,904 6700 Property and Liability Insurance (Hazard) 6720 33,345 22,707 35,012 Fidelity Bond Insurance 6721 Workmen's Compensation 6722 13,748 9,190 17,086 Health Insurance & Other Employee Benefits 6723 30,725 18,815 45,351 Misc. Taxes, Licen., Permits, & Insurance 6790 789 8 1,289 Total Taxes & Insurance 6700T 95,616 65,034 115,642 Financial Interest on Mortgage Payable 6820 - - Expenses Interest on Notes Payable (Long -Term) ' 6830 6800 Interest on Notes Payable (Short -Term) ' 6840 Mortgage Insurance Premium/Service Charge 6850 Miscellaneous Financial Expenses 6890 Total Financial Expenses 6800 T - - - Expenses Nursing Homes/Assisted Living/Board & 6900 Care/Other Eld. Care/ Coop/ Other 6900 Total Cost of Operations 6000T 1,207,066 630,398 970,539 Reserve for Replacements Dep. Required 84,000 63,000 84,000 Principal Payments Required - - - Debt Service for other approved loans Debt Service Reserve (if required) General Operating Reserve (Coops) Total Cash Requirements 1,291,066 693,398 1,054,539 Less Total Revenue 891,675 729,247 1,056,788 Net Cash Surplus (Deficiency) (399,391) 35,849 2,249 5/24/2011 I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802) Date (mm/dd/yyyy) (Signature) editions are obsolete 'HUD Approved Secondary Financing page 2 of 2 ref. Handbook 4350.1 form HUD-92547-A (8/2000) Only for Budget Projections. Kimball Tower Capital Improvement Budget Demolition and Reinstallation of Office Roof - $60,000 Item #36 6/21%11 AMORTIZATION, LEGAL NON -CONFORMING USES AND WESTSIDE SPECIFIC PLAN DIALOGUE (Community Development) Item # 37 06/21 /11 CLOSED SESSION REPORT (City Attorney)