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HomeMy WebLinkAboutPlanning Commission Staff ReportcAUFoRN A" '. NATIONAL_ . EF 2Q o .ATO • CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD.;NATIONAL CITY, CA 91950 DONNING COMMISSION STAFF REPORT Title: Case File No.: Location: Assessor's Parcel No.: Staff Report By: Applicant /Owner; Plans Prepared By: Combined General Plan/ Zoning Designation: Parcel Size: Adjacent Land Use/Zoning: North: East: South: West: Environmental Review: Item no. 4 May 20, 2013 PUBLIC HEARING - PLANNED DEVELOPMENT PERMIT MODIFICATION, CONDITIONAL USE PERMIT, AND COASTAL DEVELOPMENT PERMIT FOR A PROFESSIONAL COLLEGE IN A RETAIL COMMERCIAL BUILDING LOCATED AT 700 BAY MARINA DRIVE. 2013-07 PD, CUP, CDP Marina Gateway Plaza 559-160-33 Martin Reeder, AICP — Assistant Planner Marina Gateway Development Co. LLC Lee & Sakahara Architects AIA CT-PD-CZ (Tourist Commercial) 1.25 acres Vacant land and industrial buildings across Bay Marina Drive I MM-CZ Interstate 5 / OS -CZ Paradise Marsh / OSR-CZ Industrial use across Marina Way / MM-CZ Categorically Exempt pursuant to Class 1 Section 15301 (Existing Facilities) BACKGROUND Site Characteristics The project site is the MarinaGateway Plaza on the southside of Bay Marina Drive �� I and west of Interstate 5. The complex is comprised of a Best Western Hotel, Buster's Beach House Restaurant and a roughly 14,300 square -foot (leasable) two- story office/commercial building. The subject use is proposed within 11,900 square feet of the office/commercial building. The property is located within the Coastal tLJI {e. As part of the original approval, Condition of Approval No. 55 of Planning Commission Resolution 24-2005 (attached) prohibited anything but retail/travel offices on the ground floor of the building. The subject permit condition was put on the project specifically to ensure that a minimum amount of tourist -related high priority uses are provided and preserved. With the exception of 2,000 square feet of the ground floor, which is leased to the adjacent Buster's Restaurant, the remainder of the building has been vacant since it was built in 2009. 1,400 square feet of the upper floor was recently leased to an Engineering firm, leaving approximately 11,900 square feet of vacant space. The most recent Land Use Code Update is not yet applicable in the Coastal Zone. This is due to the fact that the necessary amendments to the City's Local Coastal Plan have not been submitted to the Coastal Commission. Therefore, the City's previous zoning would generally apply. Accordingly, this property falls within the CT-PD-CZ (Tourist Commercial) zone. In addition, the parcel is within Sub -Area A of the Harbor District Specific Plan, which also determines allowable uses. Proposed Use The applicant wishes to operate a professional college in suites on both the ground floor (± 5,600 square feet) and part of the upper floor (± 6,300 square feet) of the retail commercial building located in the Marina Gateway development. The College plans on catering to approximately 100 students per day; 50 students in the morning, 20 students in the afternoon, and 30 students in the evening. With this student load, the school will have roughly 12 instructors ! administrators. Upon completion of their program, students will graduate with either a diploma or an Associate's degree specializing in Healthcare Training (e.g., Vocational/Practical Nursing, Medical Assisting, Respiratory Therapy, Dentistry, etc.). The applicant wishes to limit the life of the CUP to 10 years. Conditions of Approval No. 1 and 14 have been added to address this request. Analvaze Planned Development Permit (modification) The applicant is requesting to remove Condition of Approval No. 55 related to the type of use permitted on the ground floor of the ofEicelcommercinl bu ding. The reason for the condition comes from the Local Coastal Program (LCP) Implementation document. The pertinent section reads as follows: Section III. Commercial Zones B. Uses Permitted a. Offices and Studios (Use Group 27) shall be permitted only as an accessory use to a recreational or tourist -oriented development. The Land Use Code definition of "accessory use" includes the following: ...a use conducted on the same lot as the principal use or structure to which it is related... Based on this definition, it would appear that the use of the building as a school is not a use strictly related to a recreational or tourist -oriented development. However, given the capacity of the Marina Gateway Development to support small conferences (in the hotel and banquet facility space) the applicant states that the proposed education use could support the potential for certain types of conferences (a tourism -related use), such as those related to healthcare. Furthermore, given the small size of the college, it could be seen as a draw for other visitors for conferences and the like. The applicant has also stated that they think the use is appropriate given the minor amount of floor area in question — the Marina Gateway Plaza development has a total building area of 115,708 square feet. The ground floor of the commercial building is approximately 8,275 square feet, which is around 7°Io of the entire project developed square footage. They also cite other ancillary benefits, as the college will be training dental technicians (among others) and will be offering dental checkups and cleaning services to the community at reduced rates. The overarching factor for the applicant is that they have unsuccessfully tried to lease the space to a tourism -related business since construction. In order to address potential concerns over loss of tourist -related leasable space, the applicant has agreed to limit the life of the CUP and related permits to 10 years. The City generally does not include expirations or sunset clauses for CUP's. However, the applicant is seeking such a limitation as part of their application, thus it can be part of the CUP. Harbor District Specific Plan As mentioned in the introduction to this report, the project is within Sub -Area A of the Harbor District Specific Plan (HDSP). The HDSP allows for Tourist Commercial retail uses. The Land Use Code specifies which Use Groups are permitted under these retail uses. Use Group 27 (Offices and Studios) is one of these permitted Use Groups. However, said uses must be tourism -related, as discussed above. Conditional Use Permit Concorde Career College has been training healthcare professionals for over 40 years. Concorde offers 23 programs and has 16 campuses in 8 states. Four of the campuses are located in California, one of which is in San Diego. A college is permitted in the DT zone with the issuance of a Conditional Use Permit (CUP). Specifically, the use is noted in Use Group 27 — Offices and Studios — a use allowed in the CT zone; however, colleges specifically require a CUP within this use group (other group 27 uses are allowed by right). Concerns with educational uses usually focus around traffic and parking issues. Given that this would be a smaller professional college and would not cater to as many students as a traditional college campus, these concerns would not be as prevalent, as explained below. Parking/Circulation The building was built in 2009 with 285 parking spaces. Another 53 spaces are available for the use of the development, which are located at the Santa Fe Depot across Bay Marina Drive. The Land Use Code required 334 parking spaces for the original development, where 338 were provided. This was based on office retail and commercial retail uses in the subject building. However, the Code does not provide a specific parking standard for schools other than preschools; therefore no additional parking is technically required. Due to the temporary nature of student occupation of the building (depending on class durations), less parking would be necessary compared to the same space devoted to an office use, where all employees would be present throughout the day. A Condition of Approval has been included that limits the number of students to no more than 50 per session (e.g., morning, afternoon, evening). According to SANDAG data, a 7,900 square -foot school would generate approximately 190 average daily trips (ADT). Access to and from the area is provided by Bay Marina Drive (an arterial street), and by north and southbound Interstate 5 (a freeway). The current Level of Service (LOS) of this segment of Bay Marina Drive is A (best possible), with a 2030 projected LOS of B. The current ADT for that segment is 4,200; the overall capacity is 30,000. The expected ADT in 2030 is 12,100. Therefore, no traffic issues are anticipated; the existing road network is more than capable of handling the additional traffic generated by the school. For reference, a comparably -sized retail commercial use would generate approximately 316 ADT. Coastal Development Permit In addition to the CUP, the applicant must also obtain a Coastal Development Permit because the property is located in the Coastal Zone and the applicant is seeking other discretionary permits in the application (PD and CUP). The California Coastal Commission (CCC) provided comments (attached) and i s +.r.. .c• The CCC i as,, City s vNNvaea the removal of the condition. Tile CCC is asking he City to recognize and adhere to the requirements of the certified LCP, and to protect the limited area in the City that has been designated for high priority tourist commercial uses, by rejecting the proposed coastal development permit request. However, given the potential opportunities for tourist -related ancillary uses that might be generated by the school, as discussed above, there is a fair argument that the school can be related to a tourist -related development. The Coastal Commission recognizes that the applicant has done all they can to try to lease to a tourism -related use. To that end, the Commission suggested that the applicant pursue an amendment to the Local Coastal Plan. The applicant has stated that this is not an option due to the length of time needed to accomplish this. Seeing as the proposed tenant is a school, the applicant wishes to have them start occupancy as soon as possible in order to start operating in the fall. It should be noted that the City will be seeking to amend the Local Coastal Plan in the coming months, in order to make the recent Land Use Code Update applicable to the Coastal Zone. If the City approves the requested permits (based on appropriate findings) and the Coastal Commission does not consider the approval consistent with the LCP, the [Coastal} Commission may appeal the matter to the full Coastal Commission board. This could Fesult in the City's decision being overturned. The key finding for approval is number 5, which reads as follows: "That the granting of this Planned Development Permit modification, Conditional Use Permit, and Coastal Development Permit is consistent with and implements the Certified Local Coastal Program, since the project has the potential to result in opportunities for tourist -related ancillary activities that are related to a tourism -related use, does not involve any land alterations, and provides for a use on an existing commercially -zoned parcel in an area designated by the Local Coastal Program and the General Plan for such use." Again, given the potential opportunities for tourist -related ancillary uses that might be generated by the school, as discussed above, there is a fair argument that the school can be related to a tourist -related development. CEQA The project qualifies for a categorical exemption to the California Environmental Quality Act — Class 1 Section 15301 (Existing Facilities): There is no possibility that the proposed use will have a significant impact on the environment, since the facility will not result in the expansion of an existing use. The school will operate within an existing building without the need for expansion or intensification of use. Summary An educational use is consistent with the Land Use Code with an approved Conditional Use Permit. The school is well established and is a service in need in the community. An education use, however, is not strictly consistent with the Local Coastal Program as it not accessory to a tourist -oriented development. However, there are potential opportunities for tourist -related ancillary uses that might be generated by the school, as discussed above. Should the Planning Commission seek to approve this permit, the Conditions of Approval would ensure that the business operates in harmony with existing uses in the area. The potential impacts would be minimal since the site is within an existing commercial/industrial area and adequate parking is available on site. The build out on this space will exceed $500,000 and will bring in local trades for construction and upon opening, employ 12 instructors and administrators. The use would also provide new career opportunities for students. The loss of leasable space for tourist -related would be an impact and is also inconsistent with the adopted Local Coastal Program according to the Coastal Commission. However, the temporary nature of the CUP may allay some of those concerns. RECOMMENDATION 1. Approve 2013-07 PD, CUP, CDP subject to the conditions listed below, based on attached findings; or 2. Deny 2013-07 PD, CUP, CDP based on the attached finding; or 3. Continue the item to a specific date. ATTACHMENTS 1. Recommended Findings for Approval/Denial 2. Recommended Conditions 3. Location Map 4. Public Hearing Notice (Sent to 5 property owners) 5. Planning Commission Resolution 24-2005 6. Site Photos 7. Coastal Commission comments 8. Notice of Exemption 9. Applicant's Plans (Exhibit A, case file no. 2013-07 PD, CUP, CDP, dated 3/7/2013) MARTIN REEDER, AICP Assistant Planner BRAD RAULSTON Executive Director RECOMMENDED FINDINGS FOR APPROVAL 2013-07 PD, CUP, CDP, Marina Gateway Plaza 1. That the site for the proposed use is adequate in size and shape, since the proposed i se will ha within an existing building and since no expansion of the building is proposed. 2. That the site has sufficient access to Bay Marina Drive, an arterial street operating at a Level of Service (LOS) of A, and Interstate 5, a freeway, to accommodate the additional 190 average daily trips A DT), and since no building expansion is proposed. 3. 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. 4. That the proposed use is deemed essential and desirable to the public convenience, since it will provide a service in need in the area among members of the community seeking to gain additional education. 5. That the granting of this Planned Development Permit modification, Conditional Use Permit, and Coastal Development Permit is consistent with and implements the Certified Local Coastal Program, since the project has the potential to result in opportunities for tourist -related ancillary activities that are related to a tourism -related use, does not involve any land alterations, and provides for a use on an existing commercially -zoned parcel in an area designated by the Local Coastal Program and the General Plan for such use. RECOMRECOMMENDED FI�.�s�anar» F !'1E I 7 MENDED a9fG Ii_c VC_ G53 Gs.a'SG id FOR Gf'F�1 fi e_ ra rs CUP, .yr-. -, r Gateway 2013-07PD, CUP, CD?, Marina Gateway Plaza 1. That the granting of this Planned Development Permit modification, Conditional Use Permit, and Coastal Development Permit is not consistent with and does not implement the Certified Local Coastal Program, since the proposed use is not accessory to or related to a tourist -oriented development, as required by the Local Coastal Program. RECOMMENDED CONDITIONS OF APPROVAL 2013-07 PD, CUP, CDP, Marina Gateway Plaza General 1. This Planned Development Permit modification, Conditional Use Permit, and Coastal Development Permit authorizes the temporary removal of Condition No. 55 of Planning Commission Resolution 24-2005, and a professional college at 700 Bay Marina Drive. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, case file no. 2013-07 PD, CUP, CDP: dated 3/712013. Condition of Approval No. 55 shall be reinstated at the expiration of this permit as stated in Condition No. 14. 2. Unless specifically modified by this resolution, all previous Conditions of Approval as stated in Planning Commission Resolution 24-2005 are still in effect. 3. 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. 4. 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 the Land Use Code. 5. Before this Planned Development Permit modification, Conditional Use Permit, and Coastal Development Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of these permits. Faikre to return the signed and notarized Acceptance Form with[rt 30 days of its receipt she automatically terminate said permits. The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Planned Development Permit modification, Conditional Use Permit, and Coastal Development Permit are binding on ail 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 Executive Director prior to recordation. Building B. Plans submitted for improvements must comply with the current editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. Fire 7. Plans submitted for improvements must comply with the current editions of the 2010 edition of NFPA and 2010 edition of the CFC. 8. Occupancy load calculations shall be provided the National f ity Ruildin Occupancy u�x load calculations ,u� provided by National i �iix u � t Diu Division to ensure the project meets code. 9. If occupancy load is 50 or greater, panic hardware and illuminated green exits signs with emergency lights will be required. All r-..:d doors .... .:...�.J dam.. intended _!i ��..�,11 L.. _.-_1.._A__I L... AL._ iu. nil doors required for intended UGC o business shall be evaluated b the Building Department for adequate exiting and ADA. requirements. + 11. Fire extinguishers shall be placed inside building to meet California Fire Code requirements. Please call for direction on placement. 12. Fire sprinkler and fire alarm plans shall be directly submitted to the National City Fire Department. Permits and fees shall apply. 13.48 hours' notice is required prior to required fire inspection, Planning 14.Approval of this Conditional use Permit expires ten (10) years after adoption of the resolution of approval at 6:00 p.m. (per applicant's request). 15.The number of students shall be limited to no more than 50 per session (e.g., morning, afternoon, evening). 16.The Owner/Developer shall defend, indemnify, protect, and hold harmless the City, and any of its' agencies, departments, officers, officials, employees, or agents, from any and all claims, actions, suits, proceedings, liabilities, or judgments against the City or any of its' agencies, departments, officers, officials, employees, or agents, to attack, set aside, void, or annul, any approval of the City, or its' agencies, departments, advisory agencies, appeal board, or legislative body, concerning the project and the approvals and entitlements granted herein_ 17.Any expansion of the use approved by this permit beyond the area shown in approved plans shall require modification of this Conditional Use Permit. GAf.IFt?1tN�q *�r pAL i s __ a i ^-1 e a \-- IiVGORPE►$A.TEi1 CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING PLANNED DEVELOPMENT PERMIT MODIFICATION, CONDITIONAL USE PERMIT, AND COASTAL DEVELOPMENT PERMIT FOR A PROFESSIONAL COLLEGE IN A RETAIL COMMERCIAL BUILDING LOCATED AT 700 BAY MARINA DRIVE IN THE COASTAL ZONE. CASE FILE NO.: 2013-07 PD, CUP, CDP APN: 559-160-33 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, May 20, 2013, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Marina Gateway Development Company, LLC. Filing Date: March 7, 2013). Any person interested in this matter may appear at the above time and place and be heard. The applicant proposes to operate a professional college at the site, including on the ground floor of an existing retail commercial building. A Condition of Approval of the original Planned Development Permit (PD) for the development prohibits all uses except retail travel/tourist offices on the ground floor of the building; therefore, the application requests modification of the PD to remove said condition. The property is located within the Coastal Zone, which also requires a Coastal Development Permit in this case. Plans are available for review at the City's Planning Department, Civic Center, Members of the public are invited to comment. Written comments should be received by the Planning Division on or before 5:30 p.m., May 20, 2013, who can be contacted at 619-336-4310 or planning@nationalcitvca.gov Appeals to the City Council of Planning Commission action on the applications may be filed in writing with the City Clerk prior to 5:00 p.m., June 4, 2013. The appeal period will be extended if the Planning Commission hearing is continued to a later time. The fee for filing an appeal is $3,710. The proposed permit site is in an area of National City's Coastal Zone where a Coastal Development Permit approval by the City is appealable to the Coastal Commission per Section XIX (Subsection H — 0) of the certified Local Coastal Program Implementation Plan. Appeals to the Coastal Commission may be filed within 10 working days after the Coastal Commission has received mailed notice of final action by the City. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNING DEPARTMENT BRAD RAULSTON Executive Director RESOLUTION NO. 24-2005 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A PLANNED DEVELOPMENT PERMIT ANT) COASTAL DEVELOPMENT PERMIT FOR A HOTEL AND RELATED TOURIST COMMERCIAL DEVELOPMENT AND PUBLIC ACCESS/USE IMPROVEMENTS ON A 7.5 ACRE Stab ON THE SOUTH SIDE OF INTERSTATE 5 WITHIN THE HARBOR DISTRICT SPECIFIC AREA PLAN APPLICANT: SYCUAN TRIBAL DEVELOPMENT CORPORATION AND MARINA GATEWAY DEVELOPMENT COI' ANY, LLC. CASE FILE NO. PD-2005-2/CDP-2005-2. WHEREAS, the Planning Commission of the City .of National City considered a Planned Development Permit and Coastal Development Permit application for a hotel and related tourist commercial development and public access/use improvements on a 7.5 acre site on the south side of Interstate 5 within the Harbor District Specific Area Plan at a duly advertised public hearing held on August 29, 2005, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File Nos. PD-2005-2/CDP-2005-2, which is maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the 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 August 29, 2005, support the following findings: FINDINGS FOR APPROVAL OF T: COASTAL DEVELOPMENT PERMIT I. That granting of the Coastal Development Permit is in conformity with and implements the Certified Local Coastal Program, Harbor District Specific Area Plan, and Coastal Act §§30210-30214, 30220-302224; and 30252, since the project is specifically identified in the Harbor District Specific Area Plan, and is designed to provide high quality tourist - commercial development, pedestrian and vehicular public access, and to protect the sensitive biological resources of Paradise Marsh by: • constructing and operating a three -star 173 room hotel, 4,000 square foot restaurant and 16,000 square foot retail commercial building; • creating a view corridors, paths and vista points for the benefit of the public (see finding no. 4); • significantly enhancing the appearance of the site, while incorporating attractive and functional public use improvements (see finding no. 5); • respecting an established 100 foot habitat buffer; • preventing storm waters from a rain event (up to a 100 year, 6 hour event) from entering the marsh through the design and construction of on -site drainage improvements; providing a physical barrier, designed in consultation with Fish and Wildlife Service and California Department of Fish and Game, to prevent people, as well as associated litter, from entering Paradise Marsh. Also, relevant conditions of approval required by the Harbor District Specific Area Plan for the proposed development will be incorporated into the permit (see finding no.2). 2. That the conditions of approval are adequate to carry out the Certified Local Coastal Program and Harbor District Specific Area Plan, as required in the implementing ordinances, since affect the following: o plant and tree selection; • construction of anti -perching elements; • provision of public accessluse improvements (paths, parking, vista point); • site drainage both during and post construction; • sign requirements; • exterior site lighting limitations; • provision of a public access sign program; o protection of archaeological and paleontological resources; • waste/litter collection; • and construction of off -site public access and street widening improvements. 3. That granting of this Coastal Development Permit is consistent with all other City plans and ordinances, since the proposed development, as specified in the Harbor District Specific Area Plan, carries out the intent of the General Plan and Land Use Code to construct high quality tourist -commercial development, put vacant commercial properties back into productive use, provide public access to valuable coastal resources and protect and enhance sensitive coastal resources (Paradise Marsh) by: • constructing and operating a 173 room hotel, 4,000 square foot restaurant and 16,000 square foot retail commercial building; • significantly enhancing the appearance of •�. , :,,, of the site, while incorporating attractive and functional public use improvements (see finding no. 5); c creating a barrier to prevent people, as well as associated litter, from entering the marsh and securely capping on -site contaminants to prevent transmission to the marsh; • planting only native plants within 200 feet of delineated wetlands, and minimizing raptor perching opportunities. 4. That the proposed development is in conformity with the public access, public recreation, and development policies of Chapter 3 of the Coastal Act (commencing with §§30200), since the development: • provides vehicular and pedestrian access between both Bay Marina Drive and Marina Way and Paradise Marsh: • provides public parking, both vehicular and bicycle; provides a free public view platform replete with environmental and cultural interpretive elements; ▪ protects public view corridors paths vista points, arid piling spaces for gcnerai public use for the economic life of the development; • provides for litter/waste collection and light control to protect sensitive marsh resources; • provides a barrier intended to prevent litter from entering the marsh and thus reducing its biological and aesthetic value, while minimizing perching opportunities for raptors; • develops a property suitable for a multi -story hotel and other commercial buildings, without exposing people to high geologic, flood or fire hazard. 5. That the proposed development is consistent with the all the standards of Chapter 5 Visual Resources of the Harbor District Specific Area Plan and Chapter 18.102 of the National City Municipal Code, since: • all structures and landscaping will comply with view plane limits and conditions of approval assure maintenance of the habitat buffer in perpetuity; • a 60 foot wide view corridor, 1,000 square foot vista point and public paths will be provided for the economic life of the development; • the site will be intensively landscaped, while respecting the need to use native plants in certain areas; • no buildings will be located within 25 feet of Bay Marina Drive or the right-of- way for the on -ramp to south bound Interstate 5 from Bay Marina Drive; • no buildings will be located within 12 feet of the center line of any railroad tracks; ▪ the buildings will be built to meet all building height and setback restrictions within Chapter. 5 of the Harbor District Specific Area Plan (e.g. floor to floor setbacks of 50 feet on facade facing Paradise Marsh); • the hotel fronting on the entry driveway is limited to not more than 20 feet high for the first 20 feet measured horizontally; • the restaurant fronting on Bay Marina Drive is limited to less than 20 feet high for the first 2 feet measured horizontally; • utilities will be placed underground; • exteriors of the buildings will fcatc natural materials (e.g. wood, stone) and colors (e,g, blue, fawn, etc) that are compatible with the nearby natural resources; • and commercial signs will be limited to the maximum sizes and numbers specified in the Harbor District Specific Area Plan. FINDINGS FOR APPROVAL OF THE PLANNED DEVELOPMENT PERMIT 1. That the site for the proposed use is adequate in size and shape, since the roughly rectangular, approximately 7.5 acre site and adjacent off -site parking lot can accommodate a four-story, 173 room hotel, 4,000 square foot restaurant, 16,000 square foot retail commercial building, public paths/view platform, and related improvements (e.g. surface parking, on -site landscaping, etc.) 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 Harrison Avenue extension (Marina Way) adjacent to the west of the site is installed, and since conditions require Bay Marina Drive (formerly 24th Street) to be improved and widened to handle Harbor District traffic prior to the commencement of project operations. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the development will significantly enhance the visual appearance of the property and protect sensitive resources in Paradise Marsh (e.g. no site drainage to the marsh, use of native and non-invasive plants, design elements to minimize perching opportunities for raptors). Also, the operation of the hotel, restaurant and retail commercial building will not commence until the street improvements and widening have taken place. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the project includes provision of public access and use improvements intended as critical components of the Harbor District Specific Area Plan (e.g. three signed public access paths, connections to off -site public walkways, a 1,000 square foot view platform, 10 public parking stalls, space to lock up 15 bicycles, a 60 foot wide view corridor from Bay Marina Drive to Paradise Marsh). BE IT FURTHER RESOLVED that the application for Coastal Development Permit is approved subject to the following conditions: 1. This Coastal Development Permit and Planned Development Permit authorize the development of a 7.5 acre site on the south side of Bay Marina Drive immediately west of Interstate 5 with a 173 room hotel, 4,000 square foot restaurant, 16,000 square foot retail commercial building, public access and use improvements and associated surface parking and site landscaping. Except as required by conditions of approval, all plans submitted for pei wits associated with the project shall conform with Exhibits A, B and C, Case File no. CDP-2005-2IPD-2005-2, dated 8/1.8/2005, 2. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 3. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 4. Exterior walls of buildings I trash enclosures to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 5. All buildings shall be equipped with an automatic fire sprinkler and fire alarm system, subject to review and approval by the Fire Department. 6. Fire hydrants, subject to review and approval of the Fire Department, shall be provided. 7. Clear access to and from the entry of all structures shall be maintained at all times. 8. The property owner shall submit a letter to the Sweetwater Authority stating fire flow requirements. The owner shall enter into an agreement with the Authority for any water facility improvements required for the proposed project. 9. Prior to the issuance of building permits, plans showing the following shah , be developed in coordination with Sweetwater Authority: • all domestic and landscape services to include installation of an approved reduced pressure principle backflow assembly; s installation of an approved double check detector on all fire services; • internal backflow assemblies must be tested by tested by a certified backflow assembly tester who appears on Sweetwater Authorities list of testers. 10. Use of the following species/types of plants/trees are prohibited to ensure protection of marsh resources: o Spreading gazania (all varieties) © Lantana (all varieties) ▪ Myoporum (all varieties) • Melaleuca (all varieties) • Phoenix dactylifera (date palms) 11. A minimum of 50 percent of the interior site landscaping (excluding all landscape areas within 200 feet of a delineated wetland), based on the aggregate number of plants species proposed for the interior of the project site, shall consist of native plant species (native to the immediate San Diego coastal area and off -shore islands). 12. Site landscaping shall be subject to periodic monitoring by the USFWS/CDFG for the economic life of the project. Should the USFWS or CDFG determine that certain plants/shrubs/trees offer nesting or perching opportunities for raptors, the plants/shrubs/trees so identified should be trimmed or removed and replaced to minimize the nesting and perching opportunities. 13. The landscape plan shall reflect the selection of trees and shrubs with a mature height that is less than the maximum height limits established within the Harbor District Specific Area Plan (Figure 4.1) specific to the location of said tree(s) and/or shrub(s). 14. All buildings and all structures that afford views into the marsh shall be equipped with Nixalite bird control systems to prevent raptor perching. 15. Prior to the issuance of any permits for the project, approval shall be obtained from the USFWS for the portion of the slope top path located within the northern edge of the habitat buffer to the Refuge. At a minimum, both environmental and cultural interpretive elements shall be provided on the view platform and/or slope top path, subject to review and approval by the USFWS. Maintenance costs of the slope top path and interpretive elements shall be assumed by the developer. 16. The physical barrier located along the south edge of the asphalt cap shall be subject to periodic monitoring by US Fish and Wildlife Service staff to ensure its effectiveness in preventing raptors from perching on it. If the US Fish and Wildlife Service determines that the bather, as constructed, is ineffective, re -design and re -installation may be required subject to the satisfaction of the US Fish and Wildlife Service. 17. A Hydrology study (100 year flood) is required for the new project. The study shall consider the proposed project area to the closest municipal storm drain collection point. The study should consider the adequacy of the existing storm drain system to convey any additional run off. All Hydrology study findings and recommendations are part of Engineering Departments requirements. 18. The Priority Project Applicability checklist for the Standard Urban Storm -water Mitigation Plan (SUSMP) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) an approved SUSMP will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 19. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 20. All surface run-off, shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface ran -off resulting from this development. 21. A grading and drainage plan shall be submitted showing all of the proposed and existing on - site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private stormwater treatment maintenance agreement shall be signed and recorded. The checklists for preparation of the grading plan drainage plan and Standard Urban Storm Water Mitigation Plan (SUSMP) are available at the Engineering Department. 22. A National Pollutant Discharge Elimination System (NPDES) permit is required for the discharge of storm water runoff associated with construction activity where clearing, grading, and excavation results in a land disturbance. A construction stormwater permit shall be obtained from the Regional Water Quality Control Board. A copy of the permit shall be given to the City of National City Engineering Department prior to any work beginning on the project. 23. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. The new sewer lateral will be based on a flow study and will contain a clean -out at the property line, A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 24. Separate street and sewer plans prepared by Registered Civil Engineer, shall be submitted showing all of the existing and proposed improvements. The plans shall be in accordance with City requirements. 25. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 26. Street improvements shall be in accordance with HDSAP and City Standards. All missing street improvements in connection with the required street widening and the public access improvements (As a minimum requirements: 450' of curbs, gutters, sidewalks and pavement) shall be constructed. Abandoned driveway aprons (40' driveway) shall be replaced with curb, gutter and sidewalks. We are awareof the disposition for theseimprovements hat. agreement that Community Development Commission will be responsible for the installation. But the developer is also responsible for those improvements. 27. A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership at the property. All easement shall be shown on the grading plan. 28. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. 29. Grading requirements per the Certified Harbor District Specific Area Plan. a. Project grading plans shall be reviewed and approved in writing by a qualified biologist, prior to issuance of a grading permit, to avoid impacts on wetlands and the planned upland margin wetland habit buffer set forth in Section 3.4. b. Prior to issuance of a grading permit, "NO ENTRY -NO GRADING, NO CONSTRUCTION, NO STAGING" zones shall be clearly marked on grading plans around the perimeters of Paradise Marsh, the Harbor District's delineated wetlands, and the planned upland margin wetland habit buffer set forth in Section 3.4. c. Project grading specifications, to be submitted for approval along with grading plans, shall also delineate all construction access routes, including those located outside of existing City streets and/or the construction site. d. Project grading plans shall also designate the precise location(s) for on -site storage or stockpiling of excavated topsoil during construction, subject to the review and approval of the biologist, in consultation with the U. S. Fish and Wildlife Service and the California Department of Fish and Game. e. Where grading is allowed by a coastal development permit within 500 feet of a delineated wetland, the biologist, in consultation with the U. S. Fish and Wildlife Service and California Department of Fish and Game, may also require fencing or other means to protect the habitat or buffer area from direct or indirect impacts. f Construction vehicle and other equipment fueling, lubrication, and maintenance shall occur, to the maximum extent feasible, outside of the Harbor District boundaries, g. When fueling, lubrication, and maintenance are necessary within the Harbor District boundaries, it shall occur on paved surfaces, and shall be prohibited within 300 feet of Paradise Marsh or other wetlands. h Staging areas and construction zone footprints for new development are specifically prohibited in any wetland or, following its completion, the planned upland margin habitat buffer restoration area set forth in Section 3.4. i. Staging areas and construction zone footprints shall be delineated on project grading plans and shall be reviewed and approved, in writing, by a qualified biologist. j. If staging areas are located outside the construction footprint, they shall be surveyed for biological values and approved by a qualified biologist for absence of significant biological resources. is Grading or construction activities shall be scheduled and conducted in consultation with staff of the US Fish and Wildlife Service and the California Department of Fish and Game to avoid adverse impacts on sensitive species and habitats. 1. Erosion and siltation of areas adjacent to, or downstream of, the project site due to grading or construction activities shall be avoided or minimized, including through rigorous adherence to an erosion control plan that is based on a 6-hour, 100-year recurrence rainfall event. m. The erosion control plan shall be included in project grading plans, and reviewed and approved in writing by a qualified biologist; and its implementation shall be overseen by the contract supervisor. n. The erosion control plan shall include, as appropriate, the utilization of silt fences, siltation basins, sand bags, hay bales, or other devices to direct runoff and stabilize graded or devegetated areas during project construction and revegetation. o. A site restoration plan, including detailed native plant palettes and methods for establishing successful native revegetation, shall be provided by the project applicant as part of the application for a coastal development permit. p. The site restoration plan shall be reviewed and approved by a qualified biologist in consultation with the US Fish and Wildlife Service and California Department of Fish and Game. q. Additional requirements may be imposed if adherence to the standards set forth in this section are deemed inadequate to ensure protection of the biological and physical resources of Paradise Marsh and adjacent delineated wetlands from the adverse effects of grading. 30. All project work is required to include the following measures to reduce fugitive dust impacts: a. All unpaved construction areas shall be sprinkled with water or other acceptable APCD dust -control agents during dust generating activities. Additional watering or acceptable APCD dust -control agents shall be applied during dry weather or windy days until dust emissions are not visible. b. Trucks hauling dirt and debris shall be covered to reduce windblown dust and spills. c. On dry days, dirt or debris spilled onto paved surfaces shall be swept up immediately to reduce resuspension of particulate matter caused by vehicle movement. Approach routes to construction sites shall be cleaned daily of construction -related dirt in dry weather. d. On -site stockpiles of material shall be covered or watered. 31. A 25-foot buffer between grading on the commercial site and any salt marsh vegetation shall be maintained. 32. At a minimum a silt fence shall be installed prior to commencement of grading, to prevent impacts to coastal salt marsh habitat. 33. The underground water storage vault located near the southwest corner of the site shall be designed to handle a minimum volume occurring from a 100 year, 6-hour flood event. 34. The property owner shall continue to maintain on -site treatment and source control Best Management Practices (e.g. underground storage vault, clarifiers, filter, sweeping of impervious surfaces, etc.) for the economic life of the project. 35. All building signs for the hotel, restaurant and retail commercial building shall be subject to the size and location limits specified in the Harbor District Specific Area Plan (e.g. 50 square foot maximum). 36. Use of reflective glass windows is prohibited to reduce bird strike potential and glare. 37. AlI exterior lighting on the property, including lighting of any public paths, shall be designed so that the light will not spill over into Paradise Marsh. All light standards are subject to the height limits specified in Figure 4.1 of the Harbor District Specific Area Plan, and shall be equipped with Nixalite to reduce raptor perching opportunities. 38. A safety barrier shall be placed along the top of the Keystone retaining wall (along the southerly edge of the site) to prevent pedestrians from stepping off the top of the wall. The barrier may be comprised of planters, railings or other devices as approved by the City. 39. All public parking (vehicular and bicycle) shall be appropriately signed and restricted for public use for the economic life of the project. 40. A final public access program shall be reviewed and approved by the Planning Commission prior to the issuance of any building permits for the project. The plan shall specify all public access sign locations, design and the precise finish surface of public paths. The signs shall be consistent with the standards of the Joint Coastal Commission -Coastal Conservancy Public Access Guidelines. 41. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 42. Building plans shall include canopy trees within the interior of the off -site (Depot) parking lot. 43. The off site parking lot (Depot) should be designed to drain into the perimeter landscaping, particularly at the southwest corner of the lot. 44. Use of the nearby, off -site parking lot should primarily be for employees of the hotel, restaurant and retail commercial businesses and/or for valet parking. 45. On -going archaeological and paleontological monitoring shall be conducted during all construction and development activity that involves grading, excavation, or other disruptions to the surface of, and/or materials at depth beneath the project site. 46. In the event that archaeological or paleontological resources are encountered during project construction/grading all activity which could damage or destroy these resources shall be suspended until: a. representatives of the Kumeyaay or designated other appropriate local Native American group have been notified and consulted, with respect to archaeological resources; b. the site has been examined by a qualified archaeologist and/or paleontologist, as appropriate; and, c. mitigation measures have been developed to address the impacts of the construction or development activities. 47. A minimum of two trash enclosures serving the commercial uses shall be provided in accordance with city standards. They shall have an exterior to match the buildings. They shall be both secured and covered to prevent terrestrial and avian intrusion. 48. A public litter collection plan shall be reviewed and approved by the Planning Commission prior to the issuance of any building permits for the project. The plan shall show litter receptacles for public use provided on -site at easily accessible locations and in sufficient numbers. The receptacles shall be both secured and covered to prevent terrestrial and avian intrusion. They shall be signed with multi-lingual signs, and shall be emptied frequently. 49. Prior to the issuance of any permits (e.g. grading, building) for the project, a Coastal Development Permit for the construction of off site public access and street (Bay Marina Drive) improvements shall be approved and effective. 50. Prior to the issuance of a Certificate of Occupancy or Temporary Certificate of Occupancy for any structures on the project site, all off -site public access and street widening improvements must be installed and overational. 51. All utilities within a half street width along the property frontages shall be placed underground. 52. A copy of an executed SDA&E Memorandum of Understanding governing use of portions of the project site shall be provided to the Planning Department prior to the issuance of any permits for the project. 53_ Prior to the issuance of any permits for the project, the applicant shall provide evidence of authorization of the Unified Port of San Diego. 54. Prior to issuance of Certificates of Occupancy for any structures on the project site, open space easements to run for the economic life of the project shall be recorded for the following: • the 60 foot wide view corridor from Bay Marina Drive to the south across the site to Paradise Marsh; • habitat buffer at the southerly edge of the site; • 10 public parking spaces and 15 public bicycle spaces; • the diagonal public path along the westerly side of the site from Bay Marina Drive to Marina Way; • the main public path from Bay Marina Drive to the public view platform; • the 1,000 square foot public view platform; and the slope top path, which connects with Marina Way. 55. Any office use of the ground floor of the retail commercial building, except retail travel/tourism offices, is prohibited. 56. All recommendations of the Oeotechnical Investigation shall be implemented as part of any project grading and/or building permit. 57. Before this Coastal Development Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Coastal Development Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of -Restriction on Real Property is recorded with. the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction sh211 provide information that conditions imposed by approval of the Coastal Development Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 58. This permit shall be valid for one year from the date of final City action upon the application, unless extended according to procedures specified in Section XIX (R) of the Local Coastal Program Implementation Document. 59. The proposed hotel shall be designed to mitigate both existing ambient noise and anticipated noise from the San Diego Freight Rail Plan, if definitive noise events and levels are specified in the plan. The resultant interior noise levels shall be consistent with interior noise limitations in the California Building Code. BE IT FINALLY RESOLVED that this Resolution shall become effective and final 20 days after Planning Commission action, unless an appeal in writing is filed with the City Clerk prior to 5:30 p.m. on the twentieth day following the Planning Commission action. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of August 29, 2005, by the following vote: AYES: Pruitt, Baca, Flores, Martinelli, Reynolds, Graham NAYS: ABSENT: Carrillo, . Alvarado ABSTAIN: CHAIRWOMAN 2013-09 PU, CUP, CDP - 700 Say Marina Dr. - oite Photos Building exterior looking north Building exterior looking west STATE OF CALIFORNIA — THE NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., Governor CALIFORNIA COASTAL COMMISSION SAN DIEGO AREA 7575 METROPOLITAN DRIVE. SUITE 103 SAN DIEGO, CA 92108-4421 (619) 767-2370 May 3,2013 Martin Reeder, AICP City of National City Development Services Department 1243 National City Blvd. National City, CA 91950 Re: Case File No. 2013-07 PD, CUP, CDP Dear Mr. Reeder: Commission staff has reviewed the Planning Commission staff report fbr the above referenced project, and have the following comments. The project consists of an application to remove Condition of Approval No. 55 of the Coastal Development Permit for the Marina Gateway Development (Case File No. CDP-2005-2). This condition states: 55. Any office use of the ground floor of the retail commercial building, except retail travel/tourism offices, is prohibited. The purpose of removing the condition would be to permit a professional college in suites on the both the ground floor (5,600 sq.ft.) and the upper floor (6,300 sq.ft.) of the retail commercial building located in the Marina Gateway development. The subject site is designated Commercial Tourist (CT) in the certified LCP. As noted in the staff report, the proposed college is not a tourist commercial use. The LCP Implementation Plan states: Section III. Commercial Zones B. Uses Permitted a. Offices and Studios (Use Group 27) shall be permitted only as an accessory use to a recreational use or tourist -oriented development. [Emphasis added] The City's Land Use Code includes "Schools, Studios, and Colleges" under Use Group 27. The staff report then quotes a portion of the Land Use Code definition of "accessory use" and suggests that the proposed college could be considered an accessory use because it would be located on the same lot as the principle use. However, the complete definition of "accessory use" in the Code is as follows: May 3, 2013 Page 2 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 clearly incidental to and customarily found in connection which 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. [Emphasis added]. Thus, the Code clearly requires that an accessory use be related to, incidental to, customarily found in connection with, or for the benefit of the principal use or structure. Furthermore, the City's certified Implementation Plan, which is the standard of review for coastal development permits, states, in Section III. Commercial Zones, subsection (B): 2. Accessory uses. Section 18.16.100 of the Land Use Code provides for accessory use and buildings customarily incidental to a permitted use in commercial zones. [Emphasis added]. The permitted and principal use on the subject lot is Tourist Commercial, specifically, hotel and commercial retail. An example of a permitted Office accessory use might be offices associated with a hotel or store, or development such as a travel agency, or perhaps a tourist -oriented real estate company. The proposed medical college is not related to, incidental to, customarily incidental to, or for the benefit of any Tourist Commercial use on the site. Thus, the proposed use is not an accessory use, and is not consistent with the policies of the certified LCP. The City has very limited area designated for high -priority Commercial Tourist uses, and the City's permitted uses in the CT zone in the Coastal Zone are fairly expansive (for example, boat marinas and supportive commercial and recreational businesses are permitted). Subarea A in the Harbor District Specific Plan was specifically designated for tourist -commercial and recreational commercial development as the gateway to the bayfront and marina area, and as a scenic area next to Paradise Marsh. The subject permit condition was put on the project specifically to ensure that a minimum amount of tourist - related high priority uses are provided and preserved. Removal of the condition is inconsistent with the land use designation and the policies of the certified LCP that protect and prioritize tourist -commercial uses_ f Commission staff asks the City to recognize and adhere to the requirements of the certified LCP, and to protect the limited area in the City that has been designated for high priority tourist commercial uses, by rejecting the proposed coastal development permit request. May 3,2013 Page 3 Thank you for the opportunity to comment, and please let me know if you have any questions. Sincerely, Diana Lilly Coastal Planner (G:1San DiegoDDiANAlNatioaal CitylMarina Gateway professional college cdp',Marina Gateway Professional College permit amendment.doc) CALIFORNIA NATIONAL �--' zreco�troat►r�� CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: 2013-09 PD, CUP, CDP Project Location: 700 Bay Marina Drive, National City, CA 91950 Contact Person: Martin Reeder Telephone Number: (619) 336-4313 Description of Nature, Purpose and Beneficiaries of Project: Conditional Use Permit for a professional college within an existing commercial building on an existing commercial property. Applicant: Concorde Career College do: Mike Rookus 2 Kwaaypaay Court El Cajon, CA 92019 Exempt Status: Telephone Number: (619) 445-4564 ext. 1026 Categorical Exemption. Class 1 Section 15301 (Existing Facilities) Reasons why project is exempt: There is no possibility that the proposed use will have a significant impact on the environment since the facility will not result in the expansion of an existing use. The school will operate within an existing building without the need for expansion or intensification of use. Date: MARTIN REEDER, AICP Assistant Planner