HomeMy WebLinkAbout2008 CON Plaza Bonita LP, II LP, IV LLC - Traffic Signal Cost AllocationRECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Office of the City Clerk
City of National City
1243 National City Blvd.
National City, CA 91950
(Space Above For Recorder's Use)
TRAFFIC SIGNAL COST ALLOCATION AGREEMENT
This Traffic Signal Cost Allocation Agreement ("Agreement") is entered into -February ,9 ,
2008 ("Effective Date"), by and between PLAZA BONITA LP, a Delaware limited partnership ("PB"),
PLAZA BONITA II LP, a Delaware limited partnership ("PB II"), and PLAZA BONITA IV LLC, a
Delaware limited liability company ("PB IV") (PB, PB II and PB IV are collectively referred to as
"Westfield"); and The City of National City, a public entity (the "City"), collectively referred to as the
Parties and individually referred to as a Party, with reference to the following facts:
RECITALS
A. Whereas the City has approved that certain Resolution No. 40-2005 dated as of
December 19, 2005 (the "Westfield Approval"), whereby the Planning Commission of the City approved
the modification of a planned development permit and adopted a mitigated negative declaration for the
expansion of the Plaza Bonita shopping Center, attached hereto as Exhibit "A" to this Agreement and
incorporated herein by reference;
B. Whereas the City determined by the Westfield Approval that (i) a new traffic signal must
be designed and installed on Plaza Bonita Road and located at that certain Driveway No. 1 ("Traffic
Signal No. 1") and (ii) a new traffic signal must be designed and installed on Plaza Bonita Road and
located at that certain Driveway No. 3 ("Traffic Signal No. 2," collectively, with Traffic Signal No. 1, the
"Signals"), more particularly shown on Exhibit "B" to this Agreement and incorporated herein by
reference;
C. Whereas Costco Wholesale Corporation, a Washington corporation ("Costco") obtained
that certain approval dated as of December 6, 2007 (the "Costco Approval," collectively, with the
Westfield Approval, the "Approvals"), attached hereto as Exhibit "C" to this Agreement and incorporated
herein by reference;
D. Whereas a condition to the Westfield Approval, Westfield is required to bear (i) its fair
share of all costs, as such allocation shall be determined by the National City Engineering Department,
associated with the installation of Traffic Signal No. 1, and (ii) one hundred percent (100%) of all costs
associated with the design and installation of Traffic Signal No. 2; provided, however, Westfield shall
only bear costs and expenses associated with the Signals in the event that the construction of any adjacent
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contributing "big -box" project ("Contributing Project") necessitates the design and installation of one or
both of the Signals; and
E. Whereas the parties desire to modify the allocation of costs for the construction of the
Signals in accordance with the terms set forth below.
NOW, THEREFORE, in consideration of the above Recitals and the mutual covenants set forth
herein, and for other valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties hereby agree as follows:
AGREEMENT
1. Cost of Traffic Signal No. 1. Notwithstanding anything to the contrary set forth in the
Approvals, the Parties hereby acknowledge and agree that under no circumstances shall Westfield be
obligated to pay any costs associated with Traffic Signal No. 1.
2. Cost of Traffic Signal No. 2. Notwithstanding anything to the contrary set forth in the
Approvals, Westfield shall bear one hundred percent (100%) of all costs and expenses associated with the
design and installation of Traffic Signal No. 2, as set forth under the Approval; provided, however, the
Parties hereby acknowledge and agree that under no circumstances shall Westfield be obligated to pay
any costs associated therewith in the event that the construction of any Contributing Project does not
cause the requisite warrants that necessitate the installation of Traffic Signal No. 2.
3. Expiration of Obligation. The Parties acicnowledge and agree that in the event that any
Contributing Project is not constructed and issued a certificate of occupancy by the City on or before
January 1, 2020 ("Contribution Period"), Westfield shall not be obligated to contribute to any costs or
expenses associated with the design and/or installation of the Signals, as set forth under the Approvals, as
such contribution may have otherwise been required by Westfield during the Contribution Period.
4. Time is of the Essence. The Parties agree that time is of the essence with respect to all
terms and provisions of this Agreement.
5. Notices. All notices, requests, demands and other communication given or required to be
given hereunder shall be in writing and personally delivered or sent by United States registered mail,
return receipt requested, or sent by nationally recognized courier service such as Federal Express. The
parties may deliver to each other notice by electronically transmitted facsimile copies ("fax") provided
that such fax notice is followed within twenty-four (24) hours by any type of notice otherwise provided
for in this paragraph. Any notice shall be duly addressed to the parties as follows:
If to Westfield:
c/o Westfield, LLC
11601 Wilshire Boulevard, 12th Floor
Los Angeles, CA 90025
Attn: Office of Legal Counsel
Phone: (310) 478 4456
Facsimile: (310) 478 8776
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With a Copy To:
If to the City:
Allen Matkins Leck Gamble Mallory & Natsis LLP
501 West Broadway, 15th Floor
San Diego, California 92101
Attn: Robin Munro, Esq.
Phone: (619) 235-1531
Facsimile: (619) 233-1158
City of National City
1243 National City Boulevard
National City, CA 91950
Attn: George H. Eiser, III, City Attorney
Phone: 619-336-4220
Facsimile: 619-336-4327
6. Entire Agreement; Amendments. This Agreement, together with any related documents
expressly referred to in this Agreement, constitutes the entire understanding among the Parties and
supersedes any and all other prior agreements, whether written or oral, regarding the properties or any
right or duty of any party, including but not limited to any letter of intent or memorandum of
understanding. Each party acknowledges and represents that it is relying on no representations by the
other party other than those expressly set forth in this Agreement. This Agreement may not be amended
or modified except by a writing signed by all the Parties hereto.
7. Binding Effect; Assignment. This Agreement shall be binding upon, and inure to the
benefit of, the parties hereto, their successors and assigns, heirs and personal representatives.
8. Authority. Each person executing this Agreement represents and warrants that he/she has
proper authority to bind the Party on whose behalf he/she signs.
9. Attorneys' Fees. In any action between the Parties seeking enforcement or the
interpretation of any of the terms and provisions of this Agreement, the prevailing Party in such action
shall be awarded, in addition to damages, injunctive or other relief, its reasonable costs, expenses, and
reasonable attorneys' fees.
10. Counterparts. This Agreement may be executed in one or more counterparts, each of
which shall be deemed an original and all of which shall constitute one agreement.
11.
reference.
Exhibits. All exhibits referred to herein are attached hereto and incorporated herein by
12. Force Majeure. If the Parties are delayed in or prevented from performing any act
required hereunder by reason of strikes, lock -outs, labor problems, inability to procure materials, failure
of power or other utilities, restrictive governmental laws or regulations, delays by governmental
authorities in issuing required permits or approvals, prolonged rain or other unusual or unseasonable
weather conditions, riots, insurrection, war or other reason of a like nature (excluding economic
conditions or financial liability to perform), not the fault of the party so affected, then performance of
such act shall be excused to the extent necessary as a result of such event.
13. Further Assurances. The Parties agree to take such further action and execute such
documents and instruments as may reasonably be required in order to more effectively carry out the terms
of this Agreement and the intentions of the Parties.
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14. Severability. If any provision of this Agreement is determined by any court of competent
jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if
possible, be construed as though more narrowly drawn, if a narrower construction would avoid such
invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of
such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement
shall remain in effect.
15. No Third Party Beneficiaries. This Agreement is made solely for the benefit of the
Parties to this Agreement and their respective permitted successors and assigns, and no other person or
entity shall have or acquire any right by virtue of this Agreement.
16. Interpretation of this Agreement. This Agreement shall be interpreted as if all Parties
participated in the drafting of the Agreement.
17. Incorporation of Recitals. The Recitals are true and are incorporated herein by reference.
[SIGNATURE PAGES FOLLOW]
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IN WITNESS WHEREOF, the undersigned have executed and entered into this Agreement as of
the date first set forth above.
"Westfield"
PLAZA BONITA LP,
a Delaware limited partnership
By: Plaza Bonita GP LLC,
a Delaware limited liability company,
its general partner
By: Westfield America Limited Partnership,
a Delaware limited partnership,
it sole member
By: Westfield U.S. Holdings, LLC,
a Delaware limited li
its general partner
By:
Name:
Title:
Assistant Secretary
PLAZA BONITA II LP,
a Delaware limited partnership
By: Westfield America Limited Partnership,
a Delaware limited partnership,
it sole member
By: Westfield U.S. Holdings, LLC,
a Delaware limited lia ' ity mpan
its general partner
By:
Name:
Title:
RcItY
PLAZA BONITA IV LLC, A- Packer
a Delaware limited liability company "natant Secretary
By: Westfield America Limited Partnership,
a Delaware limited partnership,
it sole member
By: Westfield U.S. Holdings, LLC,
a Delaware limit - •lity co
its general p
By:
Name:
Title:
.MA. Packer
militant Secretary
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"The City"
THE CITY OF NATIONAL CIT
a public entit j
By:
Name:
Its:
By:
Name:
Its:
4
..� am
C' Engineer
George H. Eiser, III
City Attorney
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LIST OF EXHIBITS
Exhibit "A" Westfield Approval
Exhibit "B" Traffic Signal No. 1 and Traffic Signal No. 2
Exhibit "C" Costco Approval
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EXHIBIT "A"
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RESOLUTION NO. 40-2005
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF NATIONAL CITY, CALIFORNIA,
APPROVING MODIFICATION OF A
PLANNED DEVELOPMENT PERMIT AND
ADOPTING A MITIGATED NEGATIVE DECLARATION
FOR THE EXPANSION OF THE
PLAZA BONITA SHOPPING CENTER,
INCLUDING THE ADDITION OF APPROXIMATELY
160,000 SQUARE FEET OF GROSS LEASEABLE SPACE
APPLICANT: WESTFIELD CORPORATION
CASE FILE NO. M4-PD-1997-4/IS-2005-3
WHEREAS, the Planning Commission of the City of National City considered
Modification of a Planned Development Permit for the expansion of the Plaza Bonita
Shopping Center, including the addition of approximately 160,000 square feet of gross
leaseable space at a duly advertised public hearing held on December 19, 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 No. M4-PD-1997-4/IS-2005-3 which is maintained by the
City and incorporated herein by reference; along 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 December 19, 2005, support the
following findings:
FINDINGS FOR APPROVAL OF
MODIFICATION OF A PLANNED DEVELOPMENT PERMIT
1. That the site for the proposed use is adequate in size and shape, since the 70-acre
property can accommodate the development of an additional 160,000 square feet at
the existing regional shopping center without exceeding maximum lot coverage
allowed per the Land Use Code, and also provide the necessary parking and
landscaping per Land Use Code requirements.
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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 a Traffic Study prepared for the project indicated that nearby local
residential streets within the study area and the major collector (Plaza Bonita Road)
all have sufficient capacity to handle the additional trips caused by the project, as
well as cumulative impacts resulting from an adjacent proposed project with
mitigation, and without suffering a significant decrease in their operating levels of
service.
3. That the proposed use will not have an adverse effect upon adjacent or abutting
properties, since the project design is compatible with the design regulations of the
CSC Zone, and since the project includes additional conditions (i.e. landscaping,
setbacks, loading dock positioning, screening of mechanical equipment) designed to
protect the established single-family neighborhood to the east from activity at the
project site.
4. That the proposed use is deemed essential and desirable to the public convenience
and welfare, since the project will provide new retail opportunities for the residents
of the City, as well as revitalize a vacant portion of an existing shopping center, and
update the existing center through high quality design.
FINDINGS FOR APPROVAL OF
MITIGATED NEGATIVE DECLARATION
1. That the Mitigated Negative Declaration (IS-2005-3) has been read and
considered together with any comments received during the public review
process; and,
2. That based on the whole record including the Initial Study, proposed mitigation
measures which avoid the effects or mitigate the effects to a point where clearly
no significant effect on the environment would occur, and any comments
received, there is no substantial evidence that the project will have a significant
effect on the environment and that the Mitigated Negative Declaration reflects the
City's independent judgment and analysis.
FINDINGS FOR APPROVAL OF AN EXCEPTION
FOR A RETAINING WALL TO EXCEED HEIGHT LIMITS
Granting of the requested exception is in accordance with the intent and purposes of this
Title, and is consistent with the General Plan and with all specific plans or other plans of the
City, since the proposed commercial development is consistent with the uses and density
allowed in the Commercial Shopping Center (CSC) Zone, since the General Plan
encourages the creation and expansion of retail opportunities and the redevelopment of
underutilized or vacant commercial properties, and since the functional design of the
proposed subdivision is compatible with the intent of the CSC Zone in this Title.
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BE IT FURTHER RESOLVED that the Planning Commission has considered the
proposed Mitigated Negative Declaration No. IS-2005-3 together with any comments
received during the public review process, and finds on the basis of the whole record
(including the Initial Study and any comments received) that there is no substantial
evidence that the project will have a significant effect on the environment and that the
Mitigated Negative Declaration reflects the City's independent judgment and analysis,
and hereby approves the Mitigated Negative Declaration and authorizes the filing of a
Notice of Determination.
BE IT FURTHER RESOLVED that the application for Modification of a Planned
Development Permit is approved subject to the following conditions:
RECOMMENDED CONDITIONS OF APPROVAL
1. This Planned Development Permit authorizes a 160,000 square foot expansion of Plaza
Bonita Mall. Except as required by conditions of approval, all plans submitted for
permits associated with the project shall conform with Exhibit A, Case File no. M4-PD-
1997-4, dated 9/15/2005.
2. A detailed landscape and underground irrigation plan, including plant types, methods of
planting, etc. shall be submitted for review and approval by the Planning Director. The
landscape plan shall reflect the use of drought tolerant planting and water conserving
irrigation devices. Landscape plans shall also include vines on the exterior of the
parking structure.
3. Mitigation of school impacts shall be made per California Government Code. If the
school district can establish a rationale to the satisfaction of the Planning Department,
the developer shall be required to annex into the Community Facilities District (CFD)
No. 10, of the Sweetwater Union High School District.
4. Construction of the proposed expansion shall be limited to the hours of 7:00 a.m. to 7:00
p.m. in accordance with the City's Noise Ordinance, unless unique circumstances are
determined by the Planning Department to require earlier or Later operations.
5. For all delivery sites, the developer shall be required to post signs stating "no idling after
10:00 p.m." for trucks while unloading. (This condition does not affect the operation of
the trucks' refrigeration units.)
6. The developer shall be required to post signs within the eastern parking lots of the
shopping center stating, "City Noise Ordinance is in Effect. Violators will be Cited."
7. The retaining wall facing Plaza Bonita Road and given an exception for height shall be
designed with a cleft -stone facing and landscaped planter cells as noted in.Exhibit A,
Case File no. M4-PD-1997-4, dated 9/15/2005.
8. The developer shall install an eight -foot high chain link fence along the entire eastern
perimeter of the property. Landscape screening and/or vinyl coating shall be required
for this fence to the satisfaction of the Planning Director. In the event the City decides to
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install a wrought iron fence along this perimeter, the developer shall contribute funds in
an amount equal to the cost of the chain link fence and screening towards the cost of the
wrought iron fence.
9. Queuing of trucks on the east side of the mall in preparation for unloading shall be
prohibited. A plan shall be submitted to the satisfaction of the Planning Department,
explaining measures, including posting and operating procedures, to carry out this
restriction.
10. All rooftop equipment shall be shielded from view from neighboring residents. It
must be placed within enclosures, per Code Section 18.86.020. Exhaust and intake
fans shall be oriented away from the nearby houses.
11. If necessary, the developer shall retrofit the existing pylon sign to ensure that adjacent
residents are shielded from direct exposure to neon lights.
12. New anchor store signage (i.e. wall signs and a tower sign) shall be designed to avoid
exposing nearby residential properties to intense light (e.g. use of lower intensity lights,
partially opaque shielding, etc.).
13. Prior to the issuance of building permits for the one pad building proposed to be
adjacent to Outback Steakhouse, the applicant shall process an Approval of Plans
(design review of proposed building floor plans, building elevations, etc.) through the
Planning Commission. •
14. Code Amendment A-2004-2 shall be approved and effective before Planned
Development Permit M4-PD-1997-4 is effective.
15. Ownership of parcel number 570-020-46, currently in County of San Diego ownership,
shall be transferred to the applicant before the issuance of any building perrnits for the
project.
16. Subject to review and approval of National City Transit, a shelter and bench shall be
provided at the proposed Transit Stop at the East side main entrance.
17. All rooftop equipment shall be acoustically shielded to eliminate off -site noise impacts,
especially to the eastern and southcm sides of the mall.
18. 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.
19. The installation of a traffic signal at Plaza Bonita Road and Driveway I, as reflected
on approved project plans, into the mall site, including the restriction of left-tum
movements out of the opposite "big box" retail development site to the northwest,
subject to conditions to follow in number 21..
20. The installation of a traffic signal at Plaza Bonita Road and Driveway 3 into the mall
site, as reflected on approved project plans, subject to conditions to follow in number
21.
21. As the impacts requiring mitigation are a result of the cumulative effect of two
proposed retail projects, the cost of implementing the mitigation measures shall be
bome by both projects in a fair share manner, with final mitigation sharing
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percentages to be determined by the National City Engineering Department. At such
time that the City determines mitigation measures are required, the City may employ
the services of a 3r3 party traffic engineer, with the cost borne by the project
applicants, to confirm the resulting impacts of each project and confirm the proposed
mitigation measures remain the most appropriate measures. As no impacts were
identified as a result of the proposed mall expansion alone, the current project
applicant will only be held responsible for contributing to mitigation costs until such
time that the certificate of occupancy is released by the City on the proposed
expansion. If the adjacent contributing project (big box retail) has not received project
development entitlement approval during this time period, then the adjacent
contributing project will be held fully responsible for bearing the cost of any required
mitigation measures at such time that they proceed with construction.
22. To reduce the potential for structural collapse resulting from liquefaction, the proposed
development shall be designed in accordance with the requirements of the latest edition
(2001) of the California Building Code (CBC) for Seismic Zone 4, at a minimum, as per
the recommendations of the Geotechnical Investigation. A Soil Profile Type SE shall be
used with the CBC design procedure, unless the National City Building and Safety
Department determines a more conservative soil profile is appropriate during their
review of any building permits required for the proposed project Development shall
also incorporate in -situ soil improvement methods or foundation systems to mitigate the
potential for potentially damaging differential movements.
23. A Hydrology study (100 year flood) is required for the new project. The study should
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.
24. The Priority Project Applicability checklist for the Standard Urban Stour -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.
25. 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.
26. All surface run-off shall be collected by approved drainage facilities and directed to
the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be
protected from surface run-off resulting from this development.
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27. 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
stone water treatment maintenance agreement shall be signed and recorded. The
checklists for preparation of the grading plan drainage plan and Standard Urban
Storm Water Mitigation Plan (SUSMP) are available at the Engineering Department.
28. A National Pollutant Discharge Elimination System (NPDES) permit is required for
discharged 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.
29. A sewer permit will be required. The method of sewage collection and disposal shall
be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-
way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on
the curb to mark the location of the lateral.
30. A soils engineering report shall be submitted for the Engineering Department's
review, after Planning Commission approval. The report shall address the stability of
all of the existing and proposed slopes on the property. It shall also address the
adequacy of the building pads, the criteria for any new retaining wall design, the
maximum allowable soil bearing pressure and the required pavement structural
sections for the proposed streets, the parking areas, and the driveways. As a
minimum, the parking lot pavement sections shall be 2 inch A.C. over 4 inch Class II
aggregate base. The street pavement sections shall be in accordance with National
City modified Standard Drawing G-34. All soils report findings and
recommendations shall be part of the Engineering Department requirements.
31. The deteriorated portions of the existing street improvements (sidewalk 55', cross
gutter 50' x 10') along the property frontages shall be removed and replaced.
32. 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.
33. A traffic study is required for the proposed development. All traffic study findings
and recommendations shall be part of Engineering Department requirements.
34. 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
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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.
35. All existing easements, or sewer and drainage facilities, shall be protected from any
building encroachment.
36. Prior to the issuance of building permits, a lot line adjustment plat prepared by a Civil
Engineer or Land Surveyor shall be submitted to the Engineering Department for
approval of the proposed interior boundary adjustments. The lot line adjustment shall
follow the requirements of the Engineering Department.
37. Fire suppression systems will be required for the parking structure.
38. The theater will require direct exiting outside. Exiting through the mall will not be
accepted as emergency exiting.
39. Building permits for the mall expansion shall include a 1,000 square foot Community
Police Station located within the parking garage. The station shall include a kitchen,
bathroom, and finished walls and floors, but does not need to include interior partition
walls. The station shall be built and paid for by the developer.
40. Prior to issuing a building permit, the owner/applicant must submit a letter from the
National City Fire Department stating fire flow requirements to Sweetwater
Authority. If this project results in the need for new water systems or substantial
alteration to the existing water system the owner/applicant shall enter into an
agreement with Sweetwater Authority for the needed improvements/alterations.
41. The following are prohibited actions/uses within the 40 foot wide SDG&E easement
on the west side of the project site:
• No trees or large bushes shall be planted in the easement area;
• No parking lot lighting shall be permitted in the easement area;
• No signage shall be permitted in the easement area;
• Grading within the easement area is prohibited without prior written approval from
SDG&E.
42. Concurrent with the City review of grading/improvement plans, which is processed
through the Engineering Department, five (5) additional sets of grading/improvement
plans shall be provided to the City for distribution to SDG&E for their review.
SDG&E's written approval of the site grading/improvement plans must be received
prior to the issuance of project grading permits.
43. Television cable companies shall be notified a minimum of 48 hours prior to filling of
cable trenches.
44. All trash enclosures and storage areas shall be in accordance with City standards. All
trash enclosures and storage areas shall have exteriors to match adjacent buildings.
45. Exterior walls of buildings/ freestanding signs/ trash enclosures to a height of not Tess
than 6 feet shall be treated with a graffiti resistant coating subject to approval from the
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Building and Safety Director. Graffiti shall be removed within 24 hours of its
observance.
46. Before this Planned Development Permit shall become effective, the applicant and the
property owner both shall sign and have notarized an Acceptance Form, provided by the
Planning Department, acknowledging and accepting all conditions imposed upon the
approval of this permit. Failure to return the signed and notarized Acceptance Form
within 30 days of its receipt shall automatically terminate the Planned Development
Permit. The applicant shall also submit evidence to the satisfaction of the Planning
Director that a Notice of Restriction on Real Property is recorded with the County
'Recorder. The applicant shall pay necessary recording fees to the County. The Notice
of Restriction shall provide information that conditions imposed by approval of the
Planned Development Permit are binding on all present or future interest holders or
estate holders of the property. The Notice of Restriction shall be approved as to form by
the City Attorney and signed by the Planning Director prior to recordation.
47. 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.
48. Prior to submittal of lot line adjustment, Westfield shall execute an indemnification
agreement wherein it agrees to indemnify the City of National City and its officers
and employees from any liability or loss arising from the City's processing and
approval of this application, and to defend the City and its officers and employees
against any legal challenges to the project.
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 5:30 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 December 19, 2005, by the following vote:
AYES: CARRILLO, PRUITT, ALVARADO, BACA, FLORES, MARTINELLI, REYNOLDS
NAYS:
ABSENT: GRAHAM
ABSTAIN:
CHAIRWOMAN
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EXHIBIT "A"
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EXHIBIT "B"
"Exhibit B"
1.1122011
O= Driveway.
Mon 7o FC.44.11.
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EXHIBIT "B"
EXHIBIT "C"
RESOLUTION NO. 56-2007
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF NATIONAL CITY, CALIFORNIA,
APPROVING A GENERAL PLAN AMENDMENT AND ZONE
CHANGE FROM OPEN SPACE RESERVE (OSR) TO COMMERCIAL
GENERAL -PLANNED DEVELOPMENT (CG-PD), A PLANNED
DEVELOPMENT PERMIT TO PERMIT CONSTRUCTION OF A
COSTCO WHOLESALE FACILITY, TIRE CENTER, AND FUELING
STATION, A FINAL ENVIRONMENTAL IMPACT REPORT TO
ASSESS PROJECT IMPACTS, DELETE/MODIFY A MITIGATION
MEASURE REGARDING OPEN SPACE FOR THE PREVIOUSLY
CERTIFIED ENVIRONMENTAL IMPACT REPORT FOR THE PLAZA
BONITA MALL, AND A CONDITIONAL USE PERMIT FOR THE
SALE OF ALCOHOLIC BEVERAGES ON A 15.08 VACANT PARCEL
ON THE NORTH SIDE OF PLAZA BONITA ROAD, WEST OF
SWEETWATER ROAD, AND EAST OF INTERSTATE 805 WITHIN
THE OPEN SPACE RESERVE ZONE
CASE FILE NO.: GP 2005-4, ZC 2005-3, PD/CUP-2005-7
ENVIRONMENTAL IMPACT REPORT SCH# 2003111073
WHEREAS, the Planning Commission of the City of National City considered a General
Plan Amendment and rezone to redesignate the 15.08 site from Open Space Reserve (OSR) to
Commercial General -Planned Development (CG-PD), a Planned Development Permit to construct
152,120 square -foot Costco Wholesale facility including a warehouse, sales area and food services,
tire sales and installation center, I6-pump fueling station, and 758 surface parking stalls, on -site
sales .of alcoholic beverages, site landscaping, and public roadway improvements on a vacant parcel
located on the north side of Plaza Bonita Road, west of Sweetwater Road, and east of Interstate 805
at a duly advertised public hearing held on October 15, 2007, at which time oral and
documentary evidence was presented; and,
WHEREAS, the Planning Commission of the City of National City considered the
Environmental Impact Report, including the comment letters and responses, and considered the
environmental impacts of the project disclosed by the environmental impact report; and
WHEREAS, a former mitigation measure in the Plaza Bonita Environmental Impact
Report was to place the parcel into an open space reserve and create a recreational site or park to
minimize the loss of recreational space by the replacement of a golf course with a shopping mall,
however, the parcel was never put to such use nor are there any plans to use the property in such
a manner, nor is there any need to use the parcel in such manner, as the open space ratio
contained in the general plan remains exceeded even with this land removed from the open
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however, the parcel was never put to such use nor are there any plans to use the property in such
a manner, nor is there any need to use the parcel in such manner, as the open space ratio
contained in the general plan remains exceeded even with this Iand removed from the open
space, and the option agreement with the County of San Diego includes enhancing or expanding
the recreational uses provided within the Sweetwater Regional Park; and,
WHEREAS, at said public hearing the Planning Commission considered the staff report
contained in Case File Nos. GP 2005-4, ZC 2005-3, PD/CUP 2005-7, which is maintained by the
City and incorporated herein by reference along with evidence and testimony at said hearing; and,
WHEREAS, this action is taken pursuant to all applicable procedures required by State
law and City law; and,
WHEREAS, the action recited herein is found to be essential for the preservation of
public health, safety, and general welfare.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
National City, California, that the testimony and evidence presented to the Planning Commission
at the public hearing held on October 15, 2007, support the following findings:
FINDINGS FOR APPROVAL OF THE
GENERAL PLAN AMEMDMENT AND ZONE CHANGE
1. That the proposed amendment to the Combined General Plan/Zoning Map changing the
subject property from Open Space Reserve (OSR) to Commercial General -Planned
Development (CG-PD) is consistent with the General Plan, since the proposed 15.08 acre
site is a unique City property due to its size, location, and proximity to other commercial
properties and major highways, and the proposed Commercial General zoning would be
consistent with the Plaza Bonita mall development adjacent to the east and south.
2. That the proposed amendment is in the public interest, since it will allow for a commercial
development that will be a benefit to the community and meets the goals of the General
Plan to expand the amount of retail space in the City.
3. That granting of the General Plan Amendment and Zone Change further enhances the goals
of the General Plan to encourage recapturing or surpassing previous levels of sales tax
revenues generated in the City in order to provide adequate funding for public programs.
4. That granting of this General Plan Amendment and Zone Change are consistent with all
other City plans and ordinances, since the proposed development, carries out the intent of
the General Plan and Land Use Code to construct high quality commercial development,
while further expanding the goals of providing for recreational opportunities within
Sweetwater Regional Park
5. The proposed amendment is also consistent with the General Plan and Land Use Code
because the open space ratios set forth in the General Plan remain exceeded.
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FINDINGS FOR APPROVAL FOR THE PLANNED DEVELOPMENT PERMIT
1. That the site for the proposed use is adequate in size and shape, since the site can
accommodate the proposed retail development, adequate parking and landscaping which are
appropriate for a retail development.
2. That the site has sufficient access to streets and highways that are adequate in width and
pavement type to carry the volume and type of traffic generated by the proposed use, and
any additional roadway improvements may be accommodated with future improvements
with the County through payment of a Traffic Impact Fee.
3. That the proposed use will not have an adverse effect upon adjacent or abutting properties,
since the traffic generated by the project can be absorbed by the existing roads in the area,
and since the characteristics integrated into the project will allow it to harmonize with the
existing surrounding development.
4. That the proposed use is deemed essential and desirable to the public convenience and
welfare, since the retail development will provide additional employment and will serve the
community's growing demand for retail services.
FINDINGS FOR APPROVAL FOR THE CONDITIONAL USE PERMIT
1. That the site for the proposed use is adequate in size and shape, since the sale of beer, wine
and distilled spirits would occur within a wholesale retail center that typically engages in the
sale of alcoholic beverages.
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, has
been considered in the Environmental Impact Report prepared to assess the impacts of the
retail development and the sale of alcoholic beverages on site would not increase the
proposed retail traffic to the site.
3. That the proposed use will not have an adverse effect upon adjacent or abutting properties,
since the site is not adjacent to residential uses, is not within a mile of any school, and no
consumption of alcohol will occur on store property.
4. That the proposed use is deemed essential and desirable to the public convenience and
welfare, since it will contribute to the viability of the Costco Wholesale project.
5. That public convenience and necessity may be served by the proposed use of the property
for the retail sales of alcoholic beverages pursuant to law.
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RECOMMENDED FINDINGS FOR CERTIFYING
THE ENVIRONMENTAL IMPACT REPORT
1. That the Final Environmental Impact Report (FEIR) has been prepared in accordance with
the California Environmental Qulity Act and has been reviewed and considered together
with any comments received during the public review process. The FEIR reflects the City's
independent judgment and analysis.
2. The Planning Commission has considered the proposed Environmental Impact Report
together with any comments received during the public review process and the responses.
3. On the basis of the whole record, including the Initial Study, written comments, and
responses, there is substantial evidence that the project will have a significant effect on the
environment.
4. That based on the FEIR and the analysis provided therein, a Mitigation Monitoring and
Reporting Program have been prepared that assesses the potential environmental impacts
and that the impacts can be mitigated to below a level of significant impact.
5. Based on the EIR, the project may have a significant effect on the environment, and
although impacts can be mitigated to below a level of significant impact, a Statement of
Overriding Consideration is required for impacts to Air Quality and Traffic. Impacts to Air
Quality cannot be mitigated to a below a level of significant impact since the 15.08 parcel
was assessed as Open Space and a rezoning to Commercial and development of the site
would result in unmitigable impacts. Impacts to traffic cannot be mitigated to below a level
of significant impacts because no feasible mitigation has been deten:nined at these locations:
a. Bonita Road Segment between Plaza Bonita Road and I-805 (Year 2008 and
2030)
b. SR-54 Segment; Plaza Bonita Center Way and Woodman Street (Year 2008 and
2030)
c. SR-54/Plaza Bonita Center Way, eastbound ramps (Year 2030)
6. The Mitigation Monitoring and Reporting Program (MMRP) sets forth all significant
environmental impacts and the mitigation measures which will avoid or reduce each
significant impact to a level of insignificance, with the exception of certain traffic impacts
and air quality impacts which are detailed in the environmental impact report as unmitigable.
7. It is recommended that the MMRP be adopted.
8. The mitigation measures set forth in the MMRP are enforceable as conditions of approval of
the project.
9. The traffic impact at the intersection of Sweetwater Road and Mesa Vista Way, is both a
direct and cumulative impact, for which the applicant has agreed to participate in the County
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of San Diego Traffic Impact Fee program to mitigate the impact because the funds from the
Traffic Impact Fee program will be used to fund improvements within this traffic corridor.
10. The alternatives proposed are rejected, as explained in the environmental impact report,
because they do not meet the project objectives and neither the lifestyle alternative nor the
big box alternative has an overall lesser impact on the environment than the proposed
project.
11. The Planning Commission, based on the record before it, recommends approval of the
proposed Final Environmental Impact Report and Mitigation Monitoring Reporting
Program.
12. The 1978 Plaza Bonita EIR identified the site as mitigation for the loss of recreational
opportunities, due to the loss of the Bonita Golf Course and its replacement by a shopping
mall. The golf course, however, was relocated approximately 3-miles east of the site, thus
replacing the recreational opportunities. Moreover, this open space which was a mitigation
measure for the loss of open space associated with the Plaza Bonita Shopping Center has not
been developed or used for park purposes, nor are there any plans to use this site for the
purposes in which the mitigation measure was imposed. This mitigation measure is
infeasible, impractical, and unnecessary, given the relocation of the golf course, the inability
to create a recreational opportunity at the site at issue in a timely manner, and the
development of the Sweetwater Regional Park. The sale of the open space easement requires
that the funds be used for park improvements, thus even if the mitigation were required to be
replaced, this is adequate substitute mitigation for the vacation of the open space easement
that was identified in the Plaza Bonita EIR (1978). (Land Use and Zoning Mitigation
Monitoring Measure 4.2-1)
BE IT FURTHER RESOLVED that the application for General Plan Amendment and Zone
Change, Planned Development Permit, and Conditional Use Permit is approved subject to the
following conditions:
Building Department:
1. Plans must comply with the 2001 editions of the California Building Code, the California
Mechanical Code, the California Plumbing Code, the 2004 California Electrical Code, and
California Title 24 energy and handicapped regulations.
2. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable
trenches.
3. Prior to the issuance of a Certificate of Occupancy, the exterior of all structures and walls
shall be treated with graffiti resistant coating in accordance with the manufacturer's
recommendations to a minimum height of six feet to the satisfaction of the Director of
Building and Safety. The type, manufacture, and application shall be noted on the building
plans.
4. The property owner shall be responsible for maintenance of the walls and removal of
graffiti. Prior to issuance of a Certificate of Occupancy, the property owner shall identify
and provide to the City a contact and phone number of a graffiti removal contractor who
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will be responsible to removing any and all graffiti with graffiti cleaner within 24-hours of
its observance and/or notification by the City Code Enforcement Officer.
Fire Department:
5. The project to be designed, developed, and constructed in compliance with the Califomia
Fire Code (CFC) 2001 edition or CFC in effect at time of permit issuance and the most
current National Fire Protection Association (NFPA) Standards as adopted by the City of
National City. Pursuant to the California Fire Code, the applicant shall comply with the
following to the satisfaction of the Fire Chief:
a. Smoke and heat removal systems will be required. (To be in compliance with CFC
8102.7)
b. All buildings, with the exception of the fueling station canopy, shall be equipped
with an automatic fire sprinkler and fire alarm system, subject to review and
approval by the Fire Department (To be in compliance with CFC 1003, CBC and
NFPA 13 2007 edition)
c. Fire hydrants, subject to review and approval of the Fire Department, shall be
provided. (Maximum separation distance not to exceed 300 feet)
d. Clear access to and from the entry of all structures shall be maintained at all times.
Access onto and through the property to have a minimum width of 20 feet with a
vertical clearance of 13 feet 6 inches, radius to be 28 feet. (To be in compliance
with CFC 902)
e. Fuel tanks to be anchored in place. (To be in compliance with CFC and NFPA
30A 2008 edition)
f. Secondary containment of all fuel tanks is required. (To be in compliance with
CFC and NFPA 30A 2008 edition)
6. The property owner shall submit a letter to the Sweetwater Authority stating fire flow
requirements. The owner shall enter into an agreement with the Authority for any water
facility improvements required for the proposed project.
Please note that the above items are based off of a preliminary review of plans submitted.
Engineering Department:
7. The parcel is located within the Federal Flood Plain area. A flood hazard permit shall be
obtained from the Engineering Department
8. A Conditional Letter of Map Revision (CLORMR) from the Federal Emergency
Management Agency (FEMA) shall be required. The CLORMR shall be submitted to the
City prior to the issuance of a building permit.
9. The applicant may be required to obtain an Encroachment Permit from the California
Department of Transportation (CALTRANS). The applicant shall provide adequate
documentation prior to grading permit from Caftans.
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10. The Priority Project Applicability checklist for the Standard Urban Stormwater
Mitigation Plan (SUSMP) is required to be completed and submitted to the Engineering
Department. The checklist will be required when a project site is submitted for review of
the City Departments. The checklist is available at the Engineering Department. If it is
determined that the project is subject to the "Priority Project Permanent Storm Water
BMP Requirements" and the City of National City Storm Water Best Management
Practices of the Jurisdictional Urban Runoff Management Program (JURMP) an
approved SUSMP will be required prior to issuance of an applicable engineering permit.
The SUSMP shall be prepared by a Registered Civil Engineer.
11. The Best Management Practices (BMPs) for the maintenance of the proposed
construction shall be undertaken in accordance with the National Pollutant Discharge
Elimination System (NPDES) regulations which may require a Storm Water Pollution
Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to
issuing of a construction permit.
12. All surface run-off shall be collected by approved drainage facilities and if directed to the
street it shall be by sidewalk underdrains or a curb outlet. Adjacent properties shall be
protected from surface run-off resulting from this development.
13. A grading and drainage plan shall be submitted showing all of the proposed and existing
on -site and off -site improvements. The plan shall be prepared in accordance with the
City's standard requirements by a Registered Civil Engineer. The grading plans shall be
consistent with the preliminary conceptual grading. All necessary measures for
prevention of storm water pollution and hazardous material run-off to the public storm
drain system from the proposed parking lot or development shall be implemented with
the design of the grading. This shall include the provision of such devices as storm drain
interceptors, 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.
14. Compliance with the National Pollutant Discharge Elimination System (NPDES) is
required for the discharge of storm water runoff associated with construction activity
where clearing, grading, and excavation results in a land disturbance. A construction
stormwater permit shall be obtained from the Regional Water Quality Control Board. A
copy of the permit shall be provided to the Engineering Department prior to any work
beginning on the project.
15. A Notice of Intent (NOI) shall be filed with the Regional Water Quality Control Board
(R W QCB).
16. Sewer fees and permit will be required. The method of sewage collection and disposal
shall be shown on the City approved grading/drainage plan. Any new sewer lateral in the
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City right-of-way shall be, at a minimum, 6 inches in size with a cleanout. A sewer stamp
"S" shall be provided on the curb to mark the location of the lateral, if applicable.
17. Separate street and sewer plans prepared by Registered Civil Engineer, shall be submitted
showing all of the existing and proposed improvements. The plans shall be in accordance
with City requirements. Planned improvements along Plaza Bonita Road shall include
installation and construction of curb and gutters, three driveways, a four -foot wide
sidewalk, and American with Disabilities Act (ADA) compliant pedestrian ramps at all
driveway locations.
18. A soils engineering report shall be submitted for the Engineering Department's review,
after Planning Commission approval. The report shall address the stability of all of the
existing and proposed slopes on the property. It shall also address the adequacy of the
building pads, the criteria for any new retaining wall design, the maximum allowable soil
bearing pressure and the required pavement structural sections for the proposed streets,
the parking areas, and the driveways. As a minimum, the parking lot pavement sections
shall be 2 inch A.C. over 4 inch Class II aggregate base. The street pavement sections
shall be in accordance with National City modified Standard drawing G-34. All soils
report findings and recommendations shall be part of the Engineering Department
requirements.
19. All existing survey monuments, including any benchmark, within the boundaries of the
project shall be shown on the plans. If disturbed, a licensed land surveyor or civil
engineer shall restore them after completion of the work. A Corner Record shall be filed
with the County of San Diego Recorder. A copy of the documents filed shall be given to
the City of National City Engineering Department as soon as filed.
20. The driveways on Plaza Bonita Road shall be designed and constructed in accordance
with the San Diego Regional Standard Drawings G-17 with an alley entrance type
driveway with pedestrian ramps to the satisfaction of the City Engineer.
21. Prior to construction, a permit shall be obtained from the Engineering Department for all
improvement work within the public right-of-way, and any grading or construction on
private property.
22. Street improvements shall be in accordance with City Standards to the satisfaction of the
City Engineer. Street improvements shall consist of curb, gutter, sidewalks, pedestrian
ramps, and street lights fronting the project boundaries and shall extend to the intersection
of Plaza Bonita Road and Sweetwater Road.
23. A title report shall be submitted to the Engineering Department, after the Planning
Commission approval, for review of all existing easements and the ownership at the
property. All easements shall be shown on the grading plan.
24. A cost estimate for all of the proposed grading, drainage, street improvements,
landscaping and retaining wall work shall be submitted with the plans. A performance
bond equal to the approved cost estimate shall be posted. Up to three percent (3%) of the
. estimated cost shall also be deposited with the City as an initial cost for plan checking
and inspection services at the time the plans are submitted. The initial deposit amount to
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be determined by the City Engineer. The deposit is subject to adjustment according to
actual worked hours and consultant services.
25. All project work is required to include the following measures to reduce fugitive dust
impacts. All unpaved construction areas shall be sprinkled with water or other acceptable
APCD dust -control agents during dust generating activities. Additional watering or
acceptable APCD dust -control agents shall be applied during dry weather or windy days
until dust emissions are not visible.
26. During construction, excessive fugitive dust emissions shall be continuously controlled
during clearing, grading, earth moving, or excavation operations by regular watering or
other preventative measures using the following procedures:
a. Limit on -site vehicle speed to 25 miles per hour.
b. Water material excavated or graded sufficiently to prevent excessive amounts of
dust; water at lest twice daily with complete coverage, preferable in the late morning
and after work is one for the day.
c. Water or securely cover material transported on -site or off -site sufficiently to
prevent generating excessive amounts of dust.
d. Prevent visible dust from project emanating beyond the property line, to the
maximum extent feasible.
e. Indicate these above control techniques in project specifications; compliance with
the measures will be subject to periodic inspections by the City of National City.
f. Trucks hauling dirt and debris shall be covered to reduce windblown dust and
spills.
g. On dry days, dirt or debris spilled onto paved surfaces shall be swept up
immediately to reduce resuspension of particulate matter caused by vehicle
movement. Approach routes to construction sites shall be cleaned daily of
construction -related dirt in dry weather.
h. On -site stockpiles of material shall be covered or watered.
27. The property owner shall continue to maintain on -site treatment and source control Best
Management Practices (e.g. underground storage vault, clarifiers, filter, sweeping of
impervious surfaces, etc.) for the economic life of the project.
28. An existing 20-foot wide sewer easement reserved to the City of National City exists on
the property. No building shall encroach into the easement. Relocation of the sewer
main, easement and maintenance shall be reflected on the plans. This easement
dedication will be brought to the City Council for consideration.
29. A minimum 20 foot wide drainage easement shall be granted to the City over new double
12' x 6' box culvert.
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30. Prior to or in conjunction with grading, the applicant shall vacate the existing 20-foot public
utility easement used for sewer infrastructure and relocate portions of any existing 24-inch
sewer line to the satisfaction of the City Engineer.
31. Prior to or in conjunction with grading, the applicant shall vacate an existing 12-foot wide
public utility easement used by San Diego Gas and Electric for 69 KV and 12 KV overhead
electrical transmission lines and relocation of the lines underground, along with the
dedication of a new easement for these facilities to the satisfaction of the City Engineer and
SDG&E. All project plans that would affect SDG&E facilities or easement shall be
coordinated with Kathy Babcock of SDG&E Land Management at the appropriate stages of
the development process.
32. Prior to or in conjunction with grading, the applicant shall coordinate with Sweetwater
Authority and acquire approval to relocate an existing 18-inch water main on the northeast
portion of the project site into Sweetwater Road and Plaza Bonita Road to the satisfaction of
the City Engineer and Sweetwater Authority. The onsite easement shall be quitclaimed
upon relocation of the water main. Water service to the proposed development shall be
obtained from the relocated main.
33. Ozone precursor emissions from construction equipment shall be controlled by maintaining
equipment engines in good condition and in proper tune per manufacturer's specifications
to the satisfaction of the City Engineer and/or Public Works Director. Compliance with this
measure shall be subject to periodic inspections of construction vehicles by the City.
34. All trucks that are to haul excavated or graded material on -site shall comply with State
Vehicle Code Section 23114, with special attention to Sections 23114(b)(2XF), (eX2), and
(e)(4) as amended, regarding the prevention of such material spilling onto public streets and
roadways to the satisfaction of the City Engineer and/or Public Works Director.
35. The applicant shall routinely inspect and maintain the oil/water and hydrodynamic separator
systems at intervals specified by the manufacturer or as necessitated by on -site conditions.
36. Future development shall implement erosion and dust control measures to reduce wind
erosion and soil blowing impacts. These measures are listed in Section 4.5.4 of the
Environmental Impact report.
37. Prior to excavation or delivery to the project site, borrow fill material acquired off -site shall
be tested consistent with the current County of San Diego Department of Environmental
Health Site Assessment and Mitigation Manual to ensure that only "clean fill" material is
hauled to and deposited on site. Should. undocumented fill materials be encountered during
excavation or grading that are suspected to contain hazardous materials (based on
composition, odor, and color) work within the area of discovery shall trio. The City shall
be notified, and analytical laboratory testing shall be performed. The Soils Engineer shall
inspect soil samples, the amount to be determined by the San Diego. County Department of
Environmental Health, to screen for potential chemicals of concern in accordance with the
requirements of the current Departments' Site Assessment and Mitigation Manual.
38. At all time during construction and operation of the proposed project, compliance with
existing hazardous materials regulations shall be maintained and enforced.
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39. In order to reduce the noise impacts of construction equipment within close proximity to
adjoining residential areas, noise levels shall not exceed levels identified in National City
Municipal Code Chapter 12.10. When any single -piece of stationary construction
equipment is positioned within 500 feet of the nearest residence or when two pieces of
stationary construction equipment are positioned within 720 feet of the nearest residence,
the permittee shall ensure that an intervening natural or constructed barrier is present
interrupting the line of sight between construction equipment and the nearest residence.
Where existing topography does not provide such a barrier, then the permittee shall position
a constructed barrier to provide the required interruption. The constructed barrier may
include an enclosure, a trailer with gaps between the trailer bottom and round, blocked by a
contiguous, sound deadening barrier (such as a safety barrier section or temporary wall).
(Noise Mitigation Measure 4.6-1).
40. During site preparation the existing loose subsurface soil shall be densified through removal
and recompaction or ground improvement methods such as vibrocampaction, stone
columns, or compaction grouting. A Soils Report shall be submitted for review by the
engineering and building departments prior to construction and shall indicate the
densification method. Compaction of all borrow material shall occur consistent with design
and engineering standards. (Geology and Soils Mitigation Measure 4.8-1)
41. The applicant shall coordinate with Sweetwater Authority to address all comments provided
in their letter dated April 25, 2007. In addition the applicant shall comply with the
following:
a. The applicant shall submit for review and approval of the Sweetwater Authority
detailed improvement plans of the proposed fuel tanks. Regulatory design criteria
for fuel facilities shall be applied to the proposed project
b. The applicant shall submit for review and approval of the Sweetwater Authority
detailed improvement plans of the leak detection controls, all monitoring systems
and reporting procedures.
c. The applicant shall submit for review and approval of the Sweetwater Authority
detailed plans for the prevention and containment of surface spills. This also
includes all monitoring systems and reporting procedures. The design of the facility
shall include measures to assure that no surface spills would reach the Lower
Sweetwater River.
d. The applicant shall submit for review and approval of the Sweetwater Authority
detailed grading and improvements plans showing site drainage (above and below
ground). Detailed improvements plans for proposed facilities on the project site will
be required. Design shall include measures to assure that no drainage from the site
would reach the Lower Sweetwater River.
e. Copies of tests for surface and underground contaminants shall be provided to
Sweetwater Authority. Onsite remediation of any contaminated soils will be
performed in compliance with current regulations. Immediate removal of any
existing sources of contamination, including contaminated soils, from the site will
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be required to minimize the washing of any petrochemical containing soils into the
Lower Sweetwater River.
f. The applicant shall reimburse Sweetwater Authority for project design valuation
costs. The Authority will submit a consultant's proposal for the applicant's review
and approval prior to commencing work.
42. Prior to the issuance of building permits, plans showing the following shall be developed
in coordination with Sweetwater Authority:
a All domestic and landscape services to include installation of an approved reduced
pressure principle back low assembly,
b. Installation of an approved double check detector on all fire services; and
c. Internal backflow assemblies must be tested by tested by a certified backflow
assembly tester who appears on Sweetwater Authorities list of testers.
43. The applicant shall prepare a Hazardous Materials Business Plan per Chapter 6.95 of the
California Health and Safety Code, Division 20 (AB 2185 & AB 2189) for review by the
County Department of Health, Hazardous Materials Division and the City's Fire Chief. The
Hazardous Materials Business Plan shall include an Emergency Response Plan that
describes the procedures and equipment for minimizing the potential damage of a hazardous
materials release. 24-hour emergency numbers for Sweetwater Authority shall be noted and
included in the Hazardous Materials Business Plan and available to the operator of the
service station.
44. Per Sweetwater Authority requirements proposed water facilities shall not be located within
three feet of the edge of all driveway aprons.
Traffic Engineer Conditions:
45. The applicant shall submit plans for street improvements prepared by a licensed civil
engineer for review and approval by the City Engineer. Said street improvements shall
consist of the following improvements:
a. Right -turn overlap traffic signal phasing shall be provided for the southbound
approach at the intersection of Plaza Bonita Center Way and Sweetwater Road for
southbound approach.(Transportation Mitigation Measure 4.4-1)
b. Right -turn overlap traffic signal phasing shall be provided for the northbound
approach at the intersection of Ring Road and Sweetwater Road, for northbound
approach. (Transportation Mitigation Measure 4.4-2)
c. Install a traffic signal at the intersection of Plaza Bonita Road and the main site
driveway for Costco. (Transportation Mitigation Measure 4.4-3)
46. The applicant shall provide a Signing and Striping Plan for Plaza Bonita Road adjacent to
the project site. The plan shall be prepared by a licensed civil engineer for review and
approval by the City Engineer. The plan shall also show pedestrian upgrades at the
intersection of Plaza Bonita Road and Sweetwater Road. The following upgrades shall be
installed by the applicant at this intersection:
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a. Two new pedestrian ramps, pedestrian push buttons and pedestrian signal heads at
the northwest and southwest comers of the intersection to provide pedestrian access
across the west leg of the intersection.
b. One crosswalk, striped in thermoplastic material, for the west leg of the intersection.
c. All pedestrian improvements shall meet the latest ADA standards and be designed
to the satisfaction of the City Engineer.
47. Prior to building permit issuance, the applicant shall provide written evidence that the
County of San Diego Traffic Impact Fee requirements have been satisfied.
48. The applicant shall install two bus stop shelters consistent with MTS standards along the
north and south sides of Sweetwater Road (one on the north side and one on the south side)
to provide for adequate shelter for employees and customers.
Public Works Department
49. The developer shall be required to ensure adequate street lights are installed adjacent to the
project in accordance with City standards on Plaza Bonita Road to assure pedestrian safety
at night
50. The property owner shall maintain access to the City of San Diego for the ADS sewer meter
located in the 3000 block of Plaza Bonita Road and Sweetwater Road, 150' from the
southwest corner.
51. The property owner shall maintain or replace the landscaping and irrigation installed along
the frontage of the property consistent with City -approved landscape and irrigation plans.
Planning Department:
52. The Planned Development shall not be effective, and building permits shall not be issued
until the zone designation affecting the property is amended to Commercial -General -
Planned Development (CG-PD).
53. The Mitigation and Monitoring Reporting Program shall be revised to be consistent with
the conditions contained in the adopted resolution prior to the certifying the FEIR.
54. The 1978 Plaza Bonita Shopping Center EIR references preservation of the proposed
Costco site as open space mitigation for the Plaza Bonita Shopping Center. Since
additional mitigation measures have been incorporated into this project to mitigate the
loss of open space, the City shall modify the Plaza Bonita Shopping Center EIR to
accurately reflect this change. (Land Use and Zoning Mitigation Monitoring Measure 4.2-
1)
55. Prior to the issuance of any grading permits, the County of San Diego shall vacate the
Open Space Easement in accordance with agreement for off -site improvements within the
County's Sweetwater Regional Park. (Land Use and Zoning Mitigation Monitoring
Measure 4.2-2)
56. The site plan and grading plans shall indicate the location of the existing Sweetwater
Regional bicycle trail and the proposed location and improvements. The improvements
shall be consistent with the Sweetwater Regional Park trail standards.
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57. The building plans shall indicate a pre -finished metal siding, concrete masonry block, and
steel awnings or canopies with a red horizontal strip around the entire exterior
approximately 20 feet above the finish floor elevation and consistent with the elevation
plans dated March 9, 2007.
58. The site plans shall indicate the location of 18 light poles, four light poles surrounding the
fueling station area, eight light poles surrounding the proposed warehouse, and six light
poles to provide illumination of the surface parking area. All light standards shall be
shielded from view to restrict light falling on the adjacent properties and to the open
space preserve areas. An illumination study providing illumination, light standard design,
shielding, location of the standards and type of illumination shall be provided with the
building plans. The proposed lighting shall be consistent with Chapter 18.60.010 and
18.102.240 of the City's Land Use Code.
59. All roof equipment shall be screened from view to the satisfaction of the Planning Director.
The Building Plans shall indicate methods of screening, color/painting of mechanical
equipment, screening method that reduce and/or minimize visual impacts of mechanical
equipment installed on the roof. A line of site study shall be provided that reflects the
height of the mechanical equipment and parapet wall height in relation to the surrounding
residential properties.
60. The applicant shall provide a plan for securing or restricting the removal of shopping carts
and flat-bed carts from the project site to the satisfaction of the Planning Director.
61. The applicant shall mitigate for impacts to 1.53 acres of degraded riparian scrub through
(1) the purchase of 1.53 acres of riparian scrub at an approved mitigation bank or (2)
restoration of 1.53 acres of riparian scrub on site; or (3) a combination of purchased
riparian scrub at an approved mitigation bank and onsite restoration totaling 1.53 acres.
Mitigation shall consist of the purchase and dedication of land containing riparian and
wetland habitat for conservation purposes in the replacement ratio of 1:1. In the event that
on -site mitigation is sought, a 5-year Habitat Mitigation and Monitoring Plan, which
would include quarterly monitoring and annual reporting must be submitted to the
Planning Director and California Department of Fish and Game. Evidence of approval of
the Plan, such as an executed Section 1602 Streambed Alteration Agreement, by the
California Department of Fish and Game must be provided to the Planning Director prior
to project implementation. (Biological Resources Mitigation Measure 4.12-1)
62. The applicant shall (1) purchase 0.53 acres of California Coastal sage scrub in an
approved mitigation bank; or (2) restore 0.53 acres of coastal sage scrub onsite; or (3)
purchase California Coastal sage scrub habitat at an approved mitigation bank and restore
coastal sage scrub habitat onsite totaling 0.53 acres. Mitigation shall consist of the
purchase and dedication of land containing riparian and wetland habitat for conservation
purposes in the replacement ratio of 1:1. In the event that on -site mitigation is sought, a 5-
year Habitat Mitigation and Monitoring Plan, which would include quarterly monitoring
and annual reporting must be submitted to the Department of Fish and Game for review
and approval. (Biological Resources Mitigation Measure 4.12-1(a))
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63. The applicant shall purchase mitigation credits for the replacement of 1.25 acres of Army
Corps of Engineers and the Regional Water Quality Control Board jurisdictional wetlands
through (1) the purchase of 1.25 acres of Corps and RWQB jurisdictional wetlands at an
approved mitigation bank; or (2) restoration of 1.25 acres of Corps jurisdictional wetlands
onsite; or (3) a combination of purchased Corps and RWQCB jurisdictional wetlands at
an approved mitigation bank, and restoration of Corps jurisdictional wetlands onsite,
totaling 1.25 acres. Mitigation shall consist of the purchase and dedication of land
containing riparian and wetland habitat for conservation purposes in the replacement ratio
of 1:1. In the event that on -site mitigation is sought, a 5-year Habitat Mitigation and
Monitoring Plan, which would include quarterly monitoring and annual reporting must be
submitted to the U.S. Anny Corps of Engineers. Evidence of approval of the Plan, such as
an executed Section 404 Permit, by the U.S. Army Corps of Engineers must be provided
to the Planning Director prior to project implementation. (Biological Resources
Mitigation Measure 4.12-2)
64. The applicant shall purchase mitigation credits for the replacement of 1.87 acres of
Califomia Department of Fish and Game jurisdiction through the (1) purchase of 1.87
acres of CDFG jurisdictional wetland/riparian habitat at an approved mitigation bank; or
(2) the restoration of 1.87 acres of CDFG jurisdictional wetland/riparian habitat onsite; or
(3) a combination of purchased CDFG wetland/riparian habitat at an approved mitigation
bank, and restoration of CDFG jurisdictional wetland/riparian habitat onsite, totaling 1.87
acres. Mitigation shall consist of the purchase and dedication of land containing riparian
and wetland habitat for conservation purposes in the replacement ratio of 1:1. In the event
that on -site mitigation is sought, a 5-year Habitat Mitigation and Monitoring Plan, which
would include quarterly monitoring and annual reporting must be submitted to the
Department of Fish and Game for review and approval. Evidence of approval of the Plan,
such as an executed Section 1602 Streambed Alteration Agreement, by the CDFG must
be provided to the Planning Director prior to project implementation. Purchase or onsite
restoration of these 1.87 acres of wetland and riparian habitat will also satisfy Mitigation
Measures 4.12-1 & 4.12-2 (Biological Resources Mitigation Measure 4.12-3)
65. If vegetation removal activities are to be conducted during the recognized avian breeding
season, -February 15 through September 15, pre -construction surveys must be conducted
by a qualified biologist within the project's area to determine if there are active nests.
However, because raptors have been known to nest as early as January 1, a pre -
construction survey for raptors only must be conducted by a qualified biologist within the
project's area if vegetation removal activities are to be conducted between January 1 and
February 14. If an active avian nest is observed, a buffer of 500' for raptors and 100' for
non -raptors shall be established between vegetation removal activities and the nest so that
nesting activities are not interrupted. The buffer shall be in effect as long a vegetation
removal is occurring and until the nest is no longer active. Written confirmation from the
biologist certifying that there are no active nests must be provided to the Planning
Department prior to commencing grading activities. (Biological Resources Mitigation
Measure 4.12-4)
66. A monitoring biologist will be on site during the initial clearing and grubbing of the
coastal sage scrub. The biologist will be knowledgeable of gnatcatcher biology and
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ecology. If impacts to coastal sage scrub are to occur during gnatcatcher breeding season,
a minimum of three focuses surveys will be performed on separate days to determine the
presence of gnatcatchers, nest building activities, egg incubation, or brood rearing
activities within 100 feet of any project -related construction activities. Should breeding
gnatcatchers be observed on -site, all activities will cease and the U.S. Fish & Wildlife
Service and the Califomia Department of Fish and Game will be notified. The applicant
will not conduct work within 500 feet of any active raptor nest and will not conduct any
activities that are inconsistent with the Federal Migratory Bird Treaty Act. (Biological
Resource Mitigation Measure 4.12.5)
67. A monitoring biologist will monitor the site at least eight times during the first two years
of operation to identify the use of predator perches introduced by the project. Should
predator perches be observed on buildings, signage, lighting fixtures, or landscaping, the
biologist will notify the applicant and prepare measures to prevent or minimize perching.
(Biological Resource Mitigation Measure 4.12.6)
68. Prior to construction, the applicant shall provide documentation to the Planning Director
that permits have been obtained from the Army Corp of Engineers for a 404 Permit, from
the RWQCB for a Section 401 Permit, and from the CDF&G for a Section 1602 Permit.
((Biological Resource Mitigation Measure 4.12.7)
69. A certified archaeologist with knowledge in cultural resources shall monitor the site
during ground disturbing activities to ensure that there is no indication of cultural
resources present. The project archaeologist shall provide to the City Planning
Department prior to issuance of a grading plan, a mitigation plan providing for
disposition of recovered artifacts and consultation with culturally affiliated Native
Americans prior to grading. A report from the archaeologist shall be provided to the city
Planning Department regarding the presence/absence of cultural resources upon
completion of grading documenting resources and disposition of any cultural resources
retrieved during grading. (Cultural Resources Mitigation Measure 4.13-1)
70. Should human remains be discovered during project construction, the County Coroner
shall be immediately notified. Should the identified human remains be determined to be
prehistoric, the Coroner shall notify the Native American Heritage Commission, which
will determine and notify a Most Likely Descendent (MLD). The MLD shall complete the
inspection of the site within 24 ours of notification, and may recommend a scientific
removal and nondestructive analysis of human remains and items associated with Native
American burials. (Cultural Resources Mitigation Measure 4.13-2)
71. Any and all trash enclosures or trash compactors serving the site shall be screened from
view with a screen block wall consistent with the building wall material in accordance with
City standards.
72. This Conditional Use Permit authorizes the sale of alcohol within an approximate area of
3,200 square feet Except as required by conditions of approval, all plans submitted for
permits associated with the project shall conform with Exhibit A, March 9, 2007.
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73. Permittee shall comply with all regulatory provisions of the Business and Professions Code,
Section 25600 through 25667, currently in effect or as may be amended, regarding sales,
displays and marketing or merchandising of alcoholic beverages.
74. There shall be no sale of beer, wine or distilled spirits other than during posted business
hours. The permittee shall comply with the following:
a. Permanent outdoor signs related to the sale of alcoholic beverages shall be
prohibited.
b. The possession of alcoholic beverages in open containers and the consumption of
alcoholic beverages are prohibited on or around the subject premises.
c. • The sale of wine with an alcoholic content greater than 20% by volume is
prohibited.
d. The applicant shall satisfy all necessary requirements of the State Department of
Alcoholic Beverage Control (ABC) prior to this Conditional Use Permit becoming
effective.
e. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of
all other commodities during the same period. The applicant shall, at all times, keep
records which reflect separately the gross sales of alcoholic beverages and the gross
sales of all other items. Said records shall be kept no 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.
f. The sale of alcoholic beverages shall occur during the regular operating hours for
the Costco facility.
g. Sales of single unit cans of premixed distilled spirits are prohibited Premixed
distilled spirits must be sold in quantities of at least six to a pack.
Landscape and Irrigation:
75. Prior to issuance of a grading permit, the applicant shall submit two copies of a landscape
and automatic irrigation plan to the Planning Department for review and approval. The
landscape and irrigation plan shall indicate plant species and plant material sizes, and plant
material and irrigation within the cells of the ptantab]e wall located along the south and
southwest property lines. The landscape plan shall be consistent with the approved concept
plan dated March 9, 2007. The plant species shall consist of a minimum of one -gallon fast
growing vines provided with a drip irrigation system. A row of fast growing shrubs or
vines, preferable with thorns, a minimum of 5-gallon in size planted every six -feet, shall be
installed at the base of the wall. The vegetation along the wall should be selected and
planted so that it will discourage the incidence of graffiti and climbing on the wall and to
screen the parking lot.
76. The landscape and irrigation plans shall be routed for review to Jennifer Haines, County of
San Diego, Department of Parks and Recreation.
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General:
77. Before this Planned Development Permit/Conditional Use Permit shall become effective,
the applicant and the property owner both shall sign and have notarized an Acceptance
Form, provided by the Planning Department, acknowledging and accepting all conditions
imposed upon the approval of this permit. Failure to return the signed and notarized
Acceptance Fonn within 30 days of its receipt shall automatically terminate the Planned
Development Permit and Conditional Use Permit. The applicant shall also submit evidence
to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is
recorded with the County Recorder. The applicant shall pay necessary recording fees to the
County. The Notice of Restriction shall provide information that conditions imposed by
approval of the Coastal Development Permit are binding on all present or future interest
holders or estate holders of the property. The Notice of Restriction shall be approved as to
form by the City Attomey and signed by the Planning Director prior to recordation.
78. All provisions and statements in the Project Plans dated March 9, 2007 submitted by Costco
Wholesale shall be binding with regard to all currently proposed and future uses, activities,
and development within the project site, except as modified by Conditions of Approval.
Future development plans shall substantially conform to site plans and elevations shown in
Exhibit A, dated March 9, 2007, Case File GP2005-4, ZC 2005-3, PD/CUP 2005-7, unless
authorized by and amendment to the Planned Development.
79. Within four (4) days of final approval and exhaustion of all appeals and legal actions,
pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14,
Section 753.5, the applicant shall pay all necessary environmental filing fees for the San
Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to
the National City Planning Department.
80. Approval of the Planned Development Permit and Conditional Use Permit expires one (1)
year after adoption of the resolution of approval at 5:30 p.m. unless prior to that date a
request for a time extension has been filed as provided by National City Municipal Code
Section 18.116.190.
81. Owner/Developer shall defend, indemnify, protect, and hold harmless the City and/or the
Parking Authority, and any of its agencies, departments, officers, officials, employees, or
agents, from any and all claims, actions, suits, proceedings, liabilities, or judgments,
including an award of attorney's fees or costs, against the City and/or the Parking
Authority, or any of its agencies, departments, officers, officials, employees, or agents, to
attack, set aside, void, or annul, any approval of the City, or its agencies, departments,
advisory agencies, appeal board, or legislative body, concerning the project and the
approvals and entitlements granted herein.
Owner/Developer shall defend, indemnify, protect, and hold harmless the City and/or the
Parking Authority, and any of its agencies, departments, officers, officials, employees, or
agents, from any and all claims, actions, suits, proceedings, and judgments, including an
award of attomey's fees or costs, against the City and/or the Parking Authority, or any of
its agencies, departments, officers, officials, employees, or agents, arising from
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challenges to any related environmental determination, document or approval, including
the Final Environmental Impact Report for the National City Costco Wholesale Project,
SCH #2003111073 and subsequent environmental review for the project.
Furthermore, Owner/Developer shall indemnify, protect, defend, and hold harmless the
City and/or the Parking Authority, and its agencies, departments, officers, officials,
employees, or agents against any and all claims, actions, suits, proceedings, or judgments
against another governmental entity in which Owner's/Developer's project is subject to
that other governmental entity's approval and a condition of such approval is that the City
indemnify and defend such governmental entity.
BE IT FINALLY RESOLVED that this Resolution shall become effective and final on
the day following the City Council meeting where the Planning Commission resolution is set for
review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of
that City Council meeting. The City Council may, at that meeting, appeal the decision of the
Planning Commission and set the matter for public bearing.
CERTIFICATION:
This certifies that the Resolution was adopted by the Planning Commission at their meeting of
October 15, 2007, by the following vote:
AYES: Alvarado, Baca, Pruitt, Flores, Reynolds, DeLaPaz
NAYS:
ABSENT: Carrillo
ABSTAIN:
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NATIONAL CITY COSTCO WHOLESALE PROJECT
MITIGATION MONITORING AND REPORTING PROGRAM
THE PURPOSE OF MONITORING
When a lead agency approves a project, it is doing so with a fully disclosed understanding of the project's im-
pacts. Each lead agency has an obligation to adopt feasible mitigation measures and impose standard conditions
ensuring that a project's environmental effects are reduced, avoided, or eliminated —except in those cases
where statements of overriding consideration have been adopted. The Environmental Impact Report for the Na-
tional City Costco Wholesale project identifies a number of potentially significant adverse environmental im-
pacts which may occur if the project is approved and developed. A number of measures are recommended for
each of the identified significant adverse impacts to mitigate those effects. In addition, if the proposed project
were approved, requirements enacted by ordinance or policy are imposed by National City and other regulatory
agencies. Mitigation measures are adopted by the City of National City in through certification of the Final EIR.
Standard conditions are imposed at the various entitlement approvals and permit issuance stages in the devel-
opment process.
Section 21081.6 of the Public Resources Code, the California Environmental Quality Act, requires a public
agency to adopt a monitoring and reporting program assessing and ensuring the implementation of required
standard conditions and mitigation measures applied to proposed developments. Specific reporting and monitor-
ing requirements enforced during project initiation, implementation, and ongoing operation are adopted coinci-
dental to final approval of the project by the lead agency and subsequent responsible agencies.
The mitigation monitoring and reporting program is divided into two sections: Standard Conditions and Mitiga-
tion Measures. Each potentially significant environmental impact is identified in either Table 10-1: Recom-
mended Conditions beginning on page 2, or Table 10-2: Mitigation Monitoring and Reporting Program begin-
ning on page 5.
RECOMMENDED CONDITIONS
Recommended conditions are requirements, usually administered with defined parameters of administrative dis-
cretion, that are imposed on projects at either the entitlement stage or when a permit is issued. For Costco
Wholesale, recommended conditions are first imposed by the City of National City (lead agency), and art also
imposed by each of the Responsible Agencies identified in Chapter 2.0 of the Environmental Impact Report.
Sometimes a recommended condition imposed by a Responsible Agency may tie back to National City ensuring
successful accomplishment before the next stage in the site development process proceeds.
Recommended conditions are written to be either time specific or quantifiable. This milestone helps the permit
holder and various agencies to understand what needs to be completed by a certain deadline or whether a
standard condition is ongoing during the operational life of the site. Clearly written and defined recommended
conditions not only mitigate some of the potentially significant environmental effects, but also provide
assurances to the permit holder and various agencies that all parties to this project understand what is expected
and when it is required to be completed.
Time Specific conditions may have an established date by which it must be completed. The date may be a
reference to a point in the permitting process. A condition that must be continuously monitored or reported is
also a time specific condition. "Prior to May 1, 2007, the permit holder shall...", "Prior to the issuance of any
building or grading permits, the permit holder shall...", and "At no time shall the permit holder permit..." are
examples of time specific conditions.
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Section 10.0
Mitlgotlon Monitoring Program (continued)
Quantifiable conditions are those conditions for which a measurable standard has been imposed. This metric
allows the agency responsible for monitoring and reporting to empirically determine whether the permit holder
is in compliance with the requirement. "Sound levels measured at the edge of pavement on SR-54 shall be no
more than...", "The permit holder shall plant 17...", and "The maximum number of..." are all examples of
quantifiable conditions.
Sometimes a recommended condition may be a combination of both time specific and quantifiable requirements
"Prior to the issuance of a building permit, the applicant shall plant 17 trees" is an example of a
recommendation that is both time specific —the building permit cannot be issued until successful completion —
and quantifiable —there is a specified number of trees to be planted.
Table 1 is read across each row with the following meanings:
1. Significant Effect is a summary of the identified potentially significant impact, if any.
2. Recommended Condition is the recommended language from the Environmental Impact Report.
3. "Q/T" defines whether the condition is Quantifiable, Time Specific, or Both (refer to footnote 1 for fur-
ther explanation).
4. Time Frame indicates at which time a specific condition must be successfully accomplished.
Footnotes are printed at the end of the table on page 5.
TABLE 10-1: RECOMMENDED CONDrr1ONS
Significant Effect
Recommended Condition
Orr'
Time., Frame'
Section numbers refer to the Section within Chapter 4.0 of the Environmental Impact Report.
The subject property is encumbered with an
Open Spade Easement (OSE)
No significant effects Identified
No significant effeols Identified
r
Recommended Condition 4.2-1: Language
In the 1978 Plaza Bonita Shopping
Center EIR that references preservation
of the proposed Costco site as open
space mitigation for the Plaza Bonita
Shopping Center wtl be deleted or
modified.
Recommended Condition 42-2: Prior to the
issuance of any grading permits, the
County of San Diego shall vacate the
Open Space Eaeernent.
if
None required
13,
None required
T
Process: Prior to grading
permit Issuance
Not applicable
Not applicable
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Mitigation Monitoring and Reporting Program: November 2007
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Section 10.0
Mitigation Monitoring Program (continual)
Construction activities would contribute
potentially significant amounts of fugitive
dust Into the atmosphere.
Recommended Condition
Recommended Condlion 4.5-1: Exces-
sive fugitive dust emissions shall be
oontinuousy controlled dtafng clearing,
grading, earth moving, or excavation
operations by regular watering or other
preventative measures using the tot -
lowing procedures:
• t.imit on-slts vehicle speed to 25
miles per hour, and
• Water material excavated or
graded sufficiently to prevent ex-
c esslve amounts of dust: water at
least twice daily with complete
coverage, preferably in the late
morning and after work Is done for
the day; and
• Water or securely cover materiel
transported on -sae or oft -site suf-
ficiently to prevent generating ex-
cessive amounts of dust and
• Prevent visible dust horn the pro-
ject from emanating beyond me
property line, to the maximum ex-
tent leasble; and
• Indicate these above control tech-
niques in project specifications;
compfunce with the measures w4l
be subject to periodic site inspec-
tions by the city of National City.
Project construction
Construction activities may result in ozone
emissions to be released into the atmos-
phere from construction equipment.
Recommended Condition 4.5-2: Ozone
precursor emissions from construction
• quipment shall be controlled by main -
taking equipment engines in good
condttion and In proper tune per manu-
lecturer's spec0ieatlons, to the satis-
faction of the City Engineer. Compli-
ance with this measure shall be subject
to periodic Inspections of construction
equipment vehiciee by the City.
B
Project construction
Construction activities may result In fugitive
dust In the atmosphere.
Recommended Condition 4.5-5: All trucks
that are to haul excavated or graded
material on -site shall comply with State
vehicle Code Section 23114, with spe-
cial attention to Sections 23114(b)(F),
(e)(2), and (e)(4) as amended, regard-
ing the prevention of such material
spilling onto public streets and road-
B
Project construction
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Section 10.0
Mitigation Monitoring Program (combated)
Significant Effect
Operational noise call resut from on -site
mechanical equipment.
Construction activities and operatknt of the
proposed National City Costco Wholesale
project have the potential to generate
wastewater and stormwater runoff pollutants
that may impact stormwater quality.
The proposed project would be subject to
minor Impacts caused by wind erosion and
aoll blowing.
Underground storage tanks (UST) are sub-
ject to disruption by geologic and/or seismic
events.
No significant effects Identified.
As ruled In section 4.7 Of this table, Imple-
mentation of the proposed project could
generate stormwater pollutants thwl may
degrade at0nnwater quality and knpact
downstream resources.
yyxu:+
If fill mater4J is not checked k r contamina-
tion. there is risk of moving hazardous ma-
terials from one location to the project site
Recommended Condition
Recommended Condition 4.6-1: An eight -
foot high screen fence surrounding the
trash compactor would provide a visual
barrier and noise attenuation.
Recommended Condition 4.7-1: The
applicant wet routinely Inspect and
maintain the oil/water and
hydrodynamic separator systems at
intervals specified by the manufacturer
or as necessitated by on-slte conditions.
Recommended Condition 4.8-1: Future
deveopment shall Implement erosion
and dust control measures to reduce
wind erosion and ail blowing Impacts.
These measures are listed in Section
4.6.4 of that EAR.
Recommended Condition 4.8-2: Settle-
ment montorkg for the fueling center
foundation Infrastructure is recom-
mended . ' • to construction.
None required
Recommended Condition 4.10-1: The City
of National City will define maintenance
requirements tor the oil/water and hydro-
dynamic separators consistent with regu-
latory. requirements and manufacturers
specifications.
;firr�c z}{�r tt1r
Recommended Condition 4.11-1: Should
undocumented 1f11 materiels be encoun-
tered during excavation or grading that
are suspected to contain hazardous
materials (based on composition, odor,
and cobr), work In the area of discov-
ery shall cease. the City shall be noti-
fied. and analytical laboratory testing
shall be performed. Testing of cusped
soil samples shall include a number of
samples determined to be adequate by
the San Diego County Deparbnent of
Environmental health to screen tor po-
tential chemicals of concern in accor-
dance with the requirements of the cur-
rent Department's Site Assessment
and Mitigation Manuel
Recommended Condition 4.11-2: Prior to
excavation or delivery to the project
site. borrow fill material acquired off -
site shalt be tested consistent with the
current Co of San D , • • • •= rt-
O!T
T
T
T
T
N/A
T
T
Tune Frame-
,
Prior to certificate of occu-
pancy
•
Project Duration
Project Duration
Prior to Construction
Not Applicable.
Prior to certificate of occu-
pancy
During Construction
Prior to she excavation
National City Castro Wholesale
Mitigation Monitoring and Reporting Program: November 2007
Page 4
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EXHIBIT "C"
-23-
Section 10.0
Mitigation Monitoring Program' (continued)
Actions to ensure no new contamination is
generated during construction and ongoing
operations
The proposed project would result in signMl-
cant impacts to the southern riparian scrub
and jurisdictional wetlands. Vegetated ripar-
ian habitat will be permanently removed.
Recommended Condition
meat of Envirarsnental Heath' Site As-
sessment and Mitigation Manual to en-
sure that only dean far material Is
hauled to and deposited on -she.
Recommended Condhion 4.11-3: At al
tines during construction and opera-
tion of the proposed project compE
ante with exdattng hazardous materials
regulation shall be maintained and en-
forced.
r Q Quantifsbk. The mitigation measure has a measurable result that must be successfully achieved prior to its being considered accomplished. T -
Time Specific: The rnidgadon mwure must be successfully completed by a specific time in the process or established date prior to being considered
accomplished. B - Quantifiable and time specific. N/A - Not Applicable.
"Ongoing" means that the permit holder must always ensure compliance during the ongoing operation of the project. "Duration" mews that the permit
holder must ensure compliance during the duration of the site development and construction phases of the project.
10.1. MITIGATION MEASURES
Mitigation measures are enumerated in the Environmental Impact Report to reduce or avoid the potentially sig-
nificant adverse impacts. The lead agency and responsible agencies are required to implement each feasible
mitigation measure. Table 10-2 reads in a similar manner to Table 10-1.
Table 10-2 is read across each row with the following meanings:
1. Significant Effect is a summary of the identified potentially significant impact, if any.
2. Mitigation Measure is the recommended language from the Environmental Impact Report.
3. Responsibility defines which party or agency is responsible for implementing the measure.
4. "Q/T" defines. whether the condition is Quantifiable, Time Specific, or Both (refer to footnote 1 for fur-
ther explanation).
5. Time Frame indicates at which time a mitigation measure must be successfully accomplished.
6. Monitoring/Reporting identifies the Party responsible for the monitoring and reporting. This is the
agency with responsibility and authority to enforce the mitigation measure.
TABLE 10-2: MmGATIoN MONrrofurtG AND REPORTING PROGRAM
Significant Effect
Mitigation fleas ure
aT
Time Frame'
Not applicable
'Pk
Section numbers refer to the Section within Chapter 4.0 of the Environmental Impact Report.
No significant effects identified
vvl
None required
Notional City Cosrco Wholesale
Mitigation Monitoring and Reporting Program: November 2007
Page 5
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EXHIBIT "C"
-24-
Seaton 10.0
Mitigation Monitoring Program (continued)
Significon' Effect
No significant effects klentieed
Implementation of the proposed project
would result in the kkersecfbn of Plaza
Bonita Center Way and Sweetwater Road to
operate under unacceptable conditions.
Implementation of the proposed project
would result in the Intersection of Ring Road
and Sweetwater Road to operate ender
unacceptable conditions.
Inconsistency with San Diego APCD Re-
gional Air Quality Strategy
Ongoing or long use of construction equip-
ment w$Wn close proximity to adjoining
residential areas has the potential to ad-
versely affect residential populations.
No signlfkant effects Identified
Without proper foundation design, struc-
tures located on or above potentially liquefi-
able soil are subject to lateral spreading
during seismic activity, end could shperi-
ence settling and loss of foundation support.
r.liticdiion r;'easwe
None required
Mitigation Measure 4.4-1: Right -hum
overlap signal phasing shall be provided
to tie traffic signal at the Intersection of
Plaza Bonita Center Way and
Sweetwater Road for sotMbotnd
approaches under 2008 conditons.
Mitigation Measure 4.4-Z: Right-tum
overtop drat phasing shall be provided
et the Intersection of Ring Road end
Sweetwater Road tor northbound
approaches under 2030 conditions.
Mitigation Measure 4.4-3: install a traffic
signal at the intersection of Plaza Bonita
Road and the main site driveway in
2008.
No mitigation available
Mitigation Measure 4.6-1: When any single
piece of stationary construction equip-
ment is posHbned within 500 feet of the
nearest residence, or when two pieces
of stationary construction equipment are
positioned within 720 feet of the nearest
residences, the Permit Holder shall en-
sue that an intervening natural or con-
structed barrier is present Interrupting
the line of sight between construction
equipment end the nearest residences.
Where existing topography does not
provide such a barrier, the Perak
Holder shall position a constructed har-
der to provide the required Interruption.
The constructed barrier may include an
enclosure, a taker with gaps between
the traler bottom and ground blocked by
a contiguous, sound deadening barrier
(such as a safety barrier section or tem-
porary wall).
None required
to
Mitigation Measure 4.6-1: Liquefaction
impacts can be mitigated during site
preparation by densifying the existing loose
subsurface sot through removal and
recanpaotion or ground improvement
methods such as vbrocornpaction, stone
columns or compaction grouting. These
methods are commonly used to mitigate
these types of conditions in the San Diego
area. Compaction of all borrow material will
occur consistent with design and
knee • standards.
T
T
T
lime Frame'
Not applicable
Prior to certllieste of occu-
wry
Prior to bulidout (2030)
conditions. Applicant may
be required to make a fair
share contribution prior to
bulking pefmk issuance.
Prior to certificate of occu-
pancy
Not applicable
During Construction
Not applicable
Prior to grading permit issu-
ance
National City Castro Wholesale
Mitigation Monitoring and Reporting Program: November 2007
Page 6
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EXHIBIT "C"
—25—
Section 10.0
Mitigation Monitoring Program (continued)
Significant Effect
t itigalion Measure
Biological resources wit be removed during
project implementation and replaced with
mitigation credits in the replacement ratio of
1:1.
Nesting habitat occurs onsite. Avian species
nesting on -site during construction may be
impacted.
Mitgation Measure 4.12-1: The applicant
shalt mitigate fa Impacts to 1.53 aces
of degraded riparian scrub through (1)
the purchase o1 1.53 acres of riparian
scrub at an approved mitigation bank
a (2) restoration of 1.53 aces of ripar-
ian scrub onsllst or (3) a combination
of purchased riparian scab at an ap-
proved mitigation bank and onsite res-
toration totaling 1.53 acres. Mdlgetion
shag consist of the purchase and dedi-
cation of land containing riparian and
wetland habitat for conservation pur-
poses and/or restoration of riparian
and wetland habitat onsite at a re-
placement ratio of 1:1. In the event
that on -site mitigation Is sought, a 5-
year Habitat Mitigation and Monitoring
Plan, which would Include quarterly
monitoring and annual reporting must
be submitted to the Planning Director
and California Deparinent of Fish and
Game. Evidence of approval of the
Plan, such as an executed Section
1602 Streambed Alteration Agree-
ment, by the California Department of
Fish and Game must be provided to
the Planning Director prior to project
implementation.
Mitigation Measure 4.12-1(ak The appli-
cant shall (1) purchase 0.53 scree of
California Coastal sage scrub in an
approved mitigation bank; or (2) re-
store 0.63 acres of coastal sage scrub
onsite; or (3) purchase California
Coastal sage scrub habitat at an ap-
proved mitigation bank and restore
coastal sage scrub habitat onsite total-
ing 0.53 acres. Mitigation shall consist
of the purchase and dedication of land
containing coastal sage scrub habitat
for conservation purposes and/or res-
toration of coaatai sage scrub habitat
onstte at a replacement ratio of 1:1. In
the event that make mitigation is
sought. a 5-year Habitat Mitigation and
Monitoring Plan, which would include
quarterly monitoring and annual report-
ing must be submitted to the Depart-
ment of Fish and Game for review and
approval.
Orr Time Frame'
T
Prior to grading permit issu-
ance
Prior to grading permtt Issu-
anCe
National City Costco Wholesale
Mitigation Monitoring and Reporting Program: November 2007 •
Page 7
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EXHIBIT "C"
-26-
Section 10.0
Mitigation Monitoring Program (continued)
Significant Effect (.litigation Measure Q/T Time Frame
Mitigation Msasun 4.12-2: The applicant
shell purchase mitigation credits for
the replacement of 1.25 acres of Army
Corps of Engineers and the Regional
Water Quality Control Board jurisdic-
tional wetlands through (1) the pur-
chase of 1.25 acres o1 Corps and
RWQCB jurisdictional wetlands at an
approved mitigation bank; or (2) resto-
ration of 1.25 acres of Corps jurisdic-
tional wetlands orate; or (3) a combi-
nation of purchased Corps and
RWQCB jurisdictional wetlands at an
approved mitigation bank, and restora-
tion of Corps jurisdictional wetlands
onsite, totaling 1.25 acres. Mitigation
shall oonalst of the purchase and dedi-
cation of land containing riparian and
wetland habitat for conservation pur-
poses, and/or restoration of wetland
and riparian habitat Doane, at a re-
placement ratio of 1:1. In the event
Vial on -site mitigation Is sought, a 5-
year Habitat Mitigation and Monitoring
Plan, which would Include quarterly
monitoring and annual repotting must
be admitted to the U.S. Army Corps
of Engineers. Evidence of approval of
the Plan, such es en executed Section
404 Permit by the U.S. Amoy Corps of
Engineers must be provided to the
Planning Director prior to project kn-
plernerotatlon.
Mitigation Measure 4.123: The applicant
shall purchase mitigation credits for
the replacement of 1.87 acres of Cali-
fornia Department of Fish and Game
jurisdiction through (1) the purchase of
1.87 acres of CDFG jurisdictional wet-
land/riparian habitat at an approved
mitigation bank; or (2) the restoration
of 1.87 acres of CDFG jurisdictional
wetland/riparian habitat merits; or (3) a
combination of purchased CDFG wet-
land/riparian habitat at an approved
mitigation bank, and restoretton of
CDFG jurisdictional wetland/riparian
habitat crane, totaling 1.87 acres.
Mltigetion shall consist of the purchase
and dedication of land containing ripar-
ian and wetland habitat for conserva-
tion purposes, and/or restoration of
wetland and riparian habitat onslte, at
a replacement ratio a1 1:1. In the event
that on -site mitigation le sought, a 5-
year Habitat Mitigation and Monitoring
Plan, which would Include quertedy
monitoring and annual reporting must
be submitted to the Department of
Fish and Game tar review end ap-
proval Evidence of approval of the
Plan, .much as an eahouted Section
1602 Streambed Alteration Agree-
ment, by the CDFG must be provided
to the Flaming Director prior to project
Implementation. Purchase and/or on -
site restoration of Base 1.87 acres of
National Ciry Castro Wholesale
T
T
Prior to grading permit issu-
'ance
Prior to grading permit Iseu-
ance
Mitigation Monitoring and Reporting Program: November 2007 Page 8
691781.03/SD
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EXHIBIT "C"
-27-
Section 10.0
Mitigation Monitoring Program (continued)
Sigrraicant Effect r 1 tigalior, rAeasuie Q!T' Time Frame'
wetland and riparian habitat will also
satisfy Mitigation Measures 4.12-1 P.
4.12-2.
Mitigation Measure 4.12-4: If vegetation
removal activities are to be conducted
during the recognized avian breeding
season, February 15 through Septem-
ber 15, pre -construction surveys must
be conducted by a qualified biologist
within the projects area to determine if
Mere are active rests. However, be-
cause raptors have been known to
nest as early as January 1, a pre -
construction survey tor raptors only
must be conducted by a qualified bi-
ologist within the proJect's area 1 vege-
tation removal activities are to be con-
ducted between January 1 and Febru-
ary 14. M en active avian nest is ob-
served, a buffer of 500' for raptors and
100' for non -raptors shall be estab-
lished between vegetation removal ac-
tivities and the neat so that nesting ac-
tivities are not interrupted. The buffer
shall be in effect as long a vegetation
removal is occurring and until the nest
is no longer active. Written confirma-
tion from the biologist certifying that
there are no active nests must be pro-
vided to the Planning Department prior
to commencing grading activities.
Mitigation Measure 4.12.6: A monitoring
biologist will be on sae during the initial
clearing and grubbing of the coastal
sage scrub. The biologist will be
knowledgeable of gnatcatcher biology
and ecology. If impacts to coastal sage
scrub are to occur during gnatcafcher
breeding season, a minimum of three
focused surveys w91 be performed on
separate days to determine the pres-
ence of gnatcatchers, nest bullding ac-
tivM es, egg Incubation, or brood rear-
ing activities within 100 feet of any pro -
Oct -related construction activities.
Should breeding gnatcetciers be ob-
served on -site, all activities win cease
and the U.S. Rah & Wildlife Servie
end the California Department of Fish
and Game wii be notified. The appli-
cant wil not conduct work within 500
feet of any active rapbr nest and will
not conduct any activifee that are in-
consistent with the Federal Migratory
Bird Treaty Act.
T
T
Prior to grading permit issu-
ance
Prior to grading permit issu-
ance
National City Costeo Wholesale
Mitigation Monitoring and Reporting Program: November 2007
Page 9
691781.03/SD
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EXHIBIT "Cur
-28-
Section 10.0
Mitigation Monitoring Program (continued)
Significant Died r!itigation Measure
Mitigation Measure 4.12.e: A monitoring
biologist will monitor the site at least
eight tines during the first two years of
operation to identify the use of preda-
tor perches introduced by the project.
Should predator perches be observed
on buildings, signage, Iighting factures,
or landscaping, the biologist will ratify
the applicant and prepare measures to
prevent or mtrdmize perching.
Mitigation Measure 4.12-7: The applicant
will be required to obtain a Corps Sec-
tion 404 Permit, a RWQCB Section
401 Permit and a CDF&O Section
1802 Permit poor to construction.
O/T Tune Frame'
During the fast two years of
Proles operetton-
T Prior to grading permit issu-
ance
Project construction may impact cultural
resources
Mitigation Measure 4.13-1: A certified ar-
chaeologist with knovAedge In cultural
resources ahal monitor the site cuing
grand disturbing activities to ensure
that there Is no Indication of cultural re-
sources present. The project archaeolo-
gist shall provide to the city prior to
grading a mitigation plan providing for
disposition of recovered artifacts and
consultation with culturally atfilated Na-
tive Americana prior to grading. A report
from the archaeologist shad be provided
to the city regarding to pres-
eradabsenco d cultural resources
won c npletion of gracing document-
ing resources and disposition of any cul-
tural resources rebieved during grading.
WA
During grading
Mitigation Msssurs 4.13-2: Should human
repairs be discovered during project
construction, the County Coroner shall
be immediately notified Should the
Identified hunen remains be delermked
to be prehistoric, the Coroner shad notify
the Native American Heritage Commis-
sion, which MI detem ie and notify a
Most Likely Descendent (MLD) The
AAA shall complete the inspection of
the site within 24 hours at notification,
and may recommend scientific removal
and nondestructive analysis of human
remains end items associated with Na-
tive American burials.
WA
During grading
No significant effects identified
None requk
WA
Not applicable
Q — Quantifiable. The mitigation =aloe has a meaauable result that must be successfully achieved prior to its being considered accomplished. T Time Specific. The mitigation measure mist be successfully completed by a specific time in the process a established date prior to being considered
accomplished B - Quantifiable and time specific. N/A — Not Applicable.
t "Ongoing" means that the permit bolder must always ensure compliance during the ongoing opention of the project 'Duration" means that the permit
holder most ensure compliance during the duration of the site development and coietruction phases of the project.
National City Costco Wholesale
Mitigation Monitoring and Reporting Program: November 2007
Page 10
691781.03/SD
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EXHIBIT "C"
-29-
Section 10.0
Mitigation Monitoring Program (contbored)
I National City's Council, when certifying the Environmental Impact Report and adopting the required findings,
may modify proposed mitigation measures. In doing so, the Council will also create a need to modify the Miti-
gation Monitoring and Reporting Program to reflect the changes.
National Cly Costco iWWtolesale
Mitigation Monitoring and Reporting Program: November 2007 Page I1
69I781.03/SD
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EXHIBIT "C"
-30-
Gregory J. Smith
COUNTY OF SAN DIEGO
ASSESSOR/RECORDER/COUNTY CLERK
ASSESSOR'S OFFICE
1600 PACIFIC HIGHWAY, RM. 103
SAN DIEGO, CA 92101-4056
Tel. (619) 236-3771 * Fax (619) 557-4056
www.sdarcc.com
Correspondence Number: 116095320080411
CITY OF NATIONAL CITY
1243 NATIONAL CITY BLVD
NATIONAL CITY, CA 91950
Dear Sir/Madam:
RECORDER/COI JNI'Y CLERK'S OFFICE
1600 Pacific Highway, Room 260
P.O. Box 121750 • San Dicgo, CA 92112-1750
Tel. (619) 238-8158 * Fax (619) 5 57-41 5 5
April 11, 2008
We are returning your Traffic Signal Cost Allocation Agreement UNRECORDED for the following
reason(s):
California State law requires that only documents that are authorized or required by law may be recorded.
We are not aware of any law which permits the recording of your document. Please advise us of the
appropriate legal authorization for recording this document. (Government Code 27201)
For your convenience, recording fees, commonly used document forms and document requirement
information is available on our website which is shown above.
Thank you for your cooperation in resolving this matter. Please return this correspondence with your
document(s). If you have any questions, please call our Customer Service Desk at (619) 238-8158 and
press 0.
Enclosure(s)
CHULA VISTA
590 Third Avenue
Chula Vista, CA 91910-2646
(619) 498-2277
Very truly yours,
I111,k,G�GG�`)
Deputy Recorder
Branch Offices Available To Serve You
EL CAJON
200 South Magnolia Ave.
El Cajon, CA 92020-3316
(619) 401-5750
KEARNY MESA
9225 Clairemont Mesa Blvd.
San Diego, CA 92123-1211
(858) 505-6226
SAN MARCOS
141 E Carmel Street
San Marcos, CA 92078-4309
(760) 940-6858
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, CA 91950-4397
Michael R. Della, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
April 9, 2008
Mr. Gregory J. Smith
Assessor / Recorder / County Clerk
County of San Diego
P.O. Box 121750
San Diego CA 92112-1750
Dear Mr. Smith:
We are submitting the following documents in duplicate for recording:
TRAFFIC SIGNAL COST ALLOCATION AGREEMENT: Plaza Bonita LP,
Plaza Bonita II LP, Plaza Bonita IV LLC
Please note the recording information on the duplicate copy provided, and return
it to the Office of the City Clerk.
Michael R. Dalla, CMC
City Clerk
Enclosure
:J
Recycled Paper
City of National City
Office of the City Clerk
1243 National City Blvd.
National City, CA 91950-4397
619-336-4228 619-336-4229 fax
PLAZA BONITA LP, PLAZA BONITA II LP,
PLAZA BONITA IV LLC
Traffic Signal Cost Allocation
Steve Manganiello (Engineering) forwarded
Copy of the Change Order to the Contractor