Loading...
HomeMy WebLinkAbout2016 CON San Diego Port District - CEQA Project Alternative #4San Diego Unified Port District Document No. 66857 Filed JUN 2 7 2017 Office of the District Clerk MEMORANDUM OF UNDERSTANDING BETWEEN SAN DIEGO UNIFIED PORT DISTRICT AND THE CITY OF NATIONAL CITY REGARDING A MARINE RELATED INDUSTRIAL OVERLAY ON DISTRICT PARCEL 028-007 AND THE EASTERN PORTION OF DISTRICT PARCEL 025-010-D (LOT K) THIS MEMORANDUM OF UNDERSTANDING is made and entered into this th day of SeMbc( 2016, by and between the San Diego Unified Port District, a public corporation ("District") and the City of National City, a municipal corporation ("City"). The District and City are collectively, referred to herein as "parties". WHEREAS, Pasha Automotive Services ("Pasha") currently operates the National City Marine Terminal ("NCMT") under a Terminal Operating Agreement ("TOA") with the District and as part of that operation, also operates on numerous District - owned parcels under short-term agreements with the District, including District Parcel 028-007 and the eastern portion of District Parcel 025-010-D (Lot K); and WHEREAS, Pasha has proposed a project ("Project"), as more particularly shown on Exhibit "A" Project Sites, that includes, among other components: (a) grading, paving and operating on a former tank farm site that is subject to the TOA; (b) closing and re -paving approximately five acres of portions of Quay Avenue, 28th Street, and 32nd Street, as well as changing the land use designation for these portions of the streets in the certified Port Master Plan from Street to Marine Related Industrial ("Street Closure Component"); (c) renewing existing and entering into new short-term use permits or agreements with the District on sites that are adjacent or near NCMT, including on District Parcel 028-007 and the eastern portion of District Parcel 025-010-D (Lot K); and WHEREAS, as part of the Project, the eastern portion of District Parcel 025-010- D (Lot K) and District Parcel 027-047 are proposed to be incorporated into the certified Port Master Plan (the eastern portion of 025-010-D and District Parcel 027-047 are collectively referred to as "Uplands Properties" and inclusion of those properties into the certified Port Master Plan is referred to as the "Uplands Properties Component"); and WHEREAS, the Project also proposes to designate the Uplands Properties as Commercial Recreation in the certified Port Master Plan and an overlay is proposed to be placed on District Parcel 028-007 and the eastern portion of District Parcel 025-010-D (Lot K), which would temporarily designate the properties as Marine Related Industrial until the earlier of seven years or the Board of Port Commissioners ("BPC") approves a development through the issuance of a Coastal Development Permit consistent with the Commercial Recreation use designation ("Overlay Component"); and Page 1 of 5 DUPLICATE ORIGINAL WHEREAS, in summary, the Project proposes a Port Master Plan Amendment ("PMPA") for the Street Closure Component, the Uplands Properties Component and the Overlay Component; and WHEREAS, the City and District have been working collaboratively and closely on a land use plan that encompasses several properties within both the District and City, including, but not limited to, the entirety of District Parcels 025-010-D (Lot K), 028-007 and 027-047 and said land use plan is intended to promote, in harmony, commercial, recreational and maritime uses ("Balanced Land Use Plan"); and WHEREAS, on April 5, 2016, the City Council of the City was provided an update on the Balanced Land Use Plan and directed staff, in relevant part, to collaborate with the District on an environmental impact report that studies all related plans, projects, and public improvements comprehensively in both the City's and District's jurisdictions as part of the Balanced Land Use Plan; and, emphasized the collective importance of addressing all issues comprehensively in the Balanced Land Use Plan specifically referencing what are referred to herein as the Overlay Component and Upland Properties Component; and WHEREAS, on April 14, 2016, the BPC directed staff to further study the Balanced Land Use Plan and to initiate an Environmental Impact Report ("EIR") under the California Environmental Quality Act ("CEQA") for Balanced Land Use Plan; and WHEREAS, through the parties' collaboration on the Balanced Land Use Plan, certain additions and refinements have been made to the Balanced Land Use Plan and the District intends to return to the BPC in the fall of 2016 to obtain direction on preliminary project review for those added and refined elements; and WHEREAS, pursuant to CEQA statutes and guidelines, the Project was analyzed in the EIR entitled "National City Marine Terminal Tank Farm Paving and Street Closures Project & Port Master Plan Amendment" (UPD #EIR-2014-188, SCH# 2014121046) and on September 8, 2016, the BPC adopted the Final EIR, Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program (collectively, "District EIR Certification"); and WHEREAS, pursuant to the California Coastal Act, the BPC approved the PMPA, but only authorized District staff to submit the Street Closure Component portion of the PMPA to the California Coastal Commission for its consideration and certification and directed District staff to return to the BPC in 12-18 months with an update on discussions with the City and land uses for properties that would be subject to the Overlay Component and Upland Properties Component, including an update on the Balanced Land Use Plan and the EIR for the Balanced Land Use Plan, which if approved, would supersede the Overlay Component; provided, however, if a change of circumstances occurs making it so that Pasha may not legally operate on the parcels that would be subject to the Overlay Component or portions thereof, the BPC may immediately or soon thereafter authorize the Page 2 of 5 submittal of the Overlay Component to the California Coastal Commission for its consideration and certification ("District PMPA Approval"; the District EIR Certification and the District PMPA Approval are herein referred to as "District Approvals"); and WHEREAS, as part of the District PMPA Approval, the BPC also recognized that when the item returns to the BPC, the BPC may have several options including, but not limited to, authorizing submittal of the Uplands Properties Component and Overlay Component with the California Coastal Commission for its consideration and certification, or direct District Staff to return to the BPC at a later date with a further update, or rescind the BPC's approval of the Uplands Properties Component and Overlay Component; and WHEREAS, the parties disagree on certain legal matters, including, without limitation, land use jurisdiction over the eastern portion of District Parcel 025-010- D and District Parcel 027-047, as well as whether the Project and the Balanced Land Use Plan are separate projects with independent utility; and WHEREAS, based upon and in recognition of the parties continued efforts and collaboration on the Balanced Land Use Plan, which the parties believe will address the Overlay Component issues, the City supports the District Approvals ("City Support"). NOW THEREFORE FOR VALUABLE CONSIDERATION, the parties agree to the following: 1. The parties desire to continue to work collaboratively on land use issues in the National City bayfront and surrounding area. Accordingly, despite differences in the parties' legal positions, which are not waived by this MOU, the City and District agree that the intent of the District Approvals was to allow for the immediate submittal of the Street Closure Component of the PMPA to the California Coastal Commission for its consideration and certification, while concurrently allowing the parties to continue discussions on the land uses for the area subject to the Overlay Component, including the processing of the Balanced Land Use Plan and EIR for the Balanced Land Use Plan. It is also the parties' understanding that, as currently proposed, if the Balanced Land Use Plan was adopted by the parties and certified by the California Coastal Commission, it would supersede the Overlay Component. The parties agree that in exchange for the District Approvals, the City supports the District Approvals through the City Support action. 2. This MOU shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this MOU, the action shall be brought in a state or federal court situated in the County of San Diego, State of California. Page 3 of 5 3. For purposes of this MOU, the relationship of the parties is that of independent entities and not as agents of each other or as joint ventures or partners. The parties shall maintain sole and exclusive control over their personnel, agents, consultants, and operations. 4. No alteration or variation of the terms of this MOU shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 5. This MOU in no way constitutes an approval of or a binding commitment to approve the Balanced Land Use Plan under CEQA and parties, respectively, reserve in their sole and absolute discretion to adopt all feasible mitigation measures, alternatives, including the no project alternative and a statement of overriding considerations, if applicable. 6. Nothing in the provisions of this MOU is intended to create duties or obligations to or rights in third parties to this MOU or affect the legal liability of the parties to this MOU to third parties. [SIGNATURES ON THE IMMEDIATE NEXT PAGE] Page 4 of 5 IN WITNESS WHEREOF, parties hereto have executed this Memorandum of Understanding as of the day and the year first above written. APPROVED AS TO FORM: By ft 41100 Assistant Generall ' ! - Deputy General t APPROVED AS TO FORM: By A iI o is -Jones Cit Forney SAN DIEGO UNIFIED PORT DISTRICT By fi. Randa Coniglio President/Chief Executive Officer CITY OF NATIONAL CITY: y n Morrison Mayor Page 5 of 5 Exhibit "A" Project Sites Berth 24-2 Berth 24-3 Berth 24-4 Berth 24-5 N A 0 200 400 800 feet Source: ESRI StreetMap North America (2014); Bing Aerial (2014) Naval Base San Diego �Js. Berth 02g7'-043. 24-1 Nati orial,tity anise Terminal 025-010-A 025-010-B tin;1 025-010-C Berth 24-10 028-003 Berth 24-11 Legend I I Parcels Mai Former Tank Farm Street Closures Short-term Use Permit Sites Former Weyerhaeuser Site Q Uplands Properties M Proposed Marine Related Industrial Overlay Distribution nter_=': 025-010-D `028`007 Sweetwater Marsh National Wildlife Refuge 027---047 Pier 32lMarina RESOLUTION NO. 2016 — 142 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY IN SUPPORT OF THE COMPROMISE TO CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PROJECT ALTERNATIVE 4 FOR THE SAN DIEGO PORT DISTRICT'S MASTER PLAN AMENDMENT AND NATIONAL CITY MARINE TERMINAL TANK FARM PAVING AND STREET CLOSURES PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING REGARDING THE PARTIES' INTENT IN SUPPORTING THE COMPROMISE WHEREAS, the Port has prepared a draft Port Master Plan Amendment (PMPA) as part of the National City Marine Terminal (NCMT) Tank Farm Paving and Street Closures Project (the "Project); and WHEREAS, on September 8, 2016, the Board of Port Commissioners will consider the Project and PMPA for adoption with or without modification following a public hearing; and WHEREAS, the Board will also consider certification of the Environmental Impact Report (EIR) that was prepared for the Project and PMPA; and WHEREAS, Port staff has recommended that the Board certify the EIR and approve the proposed project and PMPA; and WHEREAS, Port and City staff have been working on a compromise, which would provide the Port the ability to submit the PMPA for the street closures to the Coastal Commission, but would not allow for submission of the PMPA for the Overlay or Uplands Properties Components; and WHEREAS, Port and City staff have been working on a compromise, which would provide the Port the ability to submit the PMPA for the street closures to the Coastal Commission, but would not allow for submission of the PMPA for the Overlay or Uplands Properties Components. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City supports the compromise to California Environmental Quality Act (CEQA) Project Alternative 4 for the San Diego Port District's Master Plan Amendment and National City Marine Terminal Tank Farm Paving and Street Closures Project. BE IT FURTHER RESOLVED that the City Council hereby authorizes the Mayor to execute a Memorandum of Understanding regarding the parties' intent in supporting the compromise. [Signature Page to Follow] Resolution No. 2016 — 142 Page Two PASSED and ADOPTED this 6th day of September 1 16. on orrison, Mayor ATTEST: // Michael R. Dalla, Ci Clerk It '14 "41 I Obk 'audia acit a Silva City Attorney Passed and adopted by the Council of the City of National City, California, on September 6, 2016 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California ,i 1/4, City 42L'( k of the Ciof ational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2016-142 of the City of National City, California, passed and adopted by the Council of said City on September 6, 2016. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA , o ‘ G - y 1 COUNCIL AGENDA STATEMENT MEETING DATE: September 6, 2016 AGENDA ITEM NO. 24 ITEM TITLE: Resolution of the City Council of the City of National City in support of the compromise to California Environmental Quality Act (CEQA) Project Alternative 4 for the San Diego Port District's Master Plan Amendment and National City Marine Terminal Tank Farm Paving and Street Closures Project and authorizing the Mayor to execute a Memorandum of Understanding regarding the parties intent in supporting the compromise. (Planning) PREPARED BY: Raymond Pe PHONE: Ext. 4421 APPROVED BY: EXPLANATION: The Port has prepared a draft Port Master Plan Amendment (PMPA) as part of the National City Marine Terminal (NCMT) Tank Farm Paving and Street Closures Project. On September 8, the Board of Port Commissioners will consider the project and PMPA for adoption with or without modification following a public hearing. The Board will also consider certification of the Environmental Impact Report that was prepared for the project and PMPA. Port staff has recommended that the Board certify the EIR, and approve the proposed project and PMPA. The Port and Staff have been working on a compromise, which would provide the Port the ability to submit the PMPA for the street closures to Coastal Commission, but would not allow for submission of the PMPA for the Overlay or Uplands Properties Components. The EIR would be certified for all components, for the project as proposed. The details of the compromise are discussed in the attached report. DEPARTMENT: Staff recommends that the City Council support the compromise. In the event the Port does not approve the compromise, the MOU would not be executed. The attached background report outlines staff support for the Compromise to Project Alternative 4 of the EIR. FINANCIAL STATEMENT: Not Applicable ACCOUNT NO, APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: No further action is required under the California Environmental Quality Act since the action, as defined by CEQA, is not considered a project that has the potential to result in either a direct or indirect physical change in the environment. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt a resolution supporting the compromise to Alternative 4 and authorizing the Mayor to enter into a Memorandum of Understanding with the San Diego Unified Port District regarding a Marine Related Industrial Overlay. BOARD / COMMISSION RECOMMENDATION: Not Applicable ATTACHMENTS: 1. Background Report. 2. EIR Comment Letter to Port (June 13, 2016). 3. Memorandum of Understanding. Attachment 1 Background Report Staff Recommendation Adopt a resolution supporting the compromise to Alternative 4 and authorizing the Mayor to enter into a Memorandum of Understanding with the San Diego Unified Port District regarding a Marine Related Industrial Overlay. The Port has prepared a draft Port Master Plan Amendment (PMPA) as part of the National City Marine Terminal (NCMT) Tank Farm Paving and Street Closures Project. On September 8, the Board of Port Commissioners will consider the project and PMPA for adoption with or without modification following a public hearing. The Board will also consider certification of the Environmental Impact Report that was prepared for the project and PMPA. Port staff has recommended that the Board certify the EIR, and approve the proposed project and PMPA. The Port and Staff have been working on a compromise, which would provide the Port the ability to submit the PMPA for the street closures to Coastal Commission, but would not allow for submission of the PMPA for the Overlay or Uplands Properties Components. The EIR would be certified for all components, for the project as proposed. Pasha Project Proposal Pasha Automotive Services (Pasha) currently operates the National City Marine Terminal (NCMT) under a Terminal Operating Agreement (TOA) with the District, and as part of that operation, also operates on numerous District -owned parcels under short-term agreements with the District, including District Parcel 028-007 and the eastern portion of District Parcel 025-010-D (Lot K). Pasha has proposed a project that includes: (a) grading, paving, and operating on a former tank farm subject to the TOA; (b) closing and re -paving portions of Quay Avenue, 28th Street, and 32nd Street, as well as changing the Port Master Plan land use designation for these portions of the streets from "Street" to "Marine Related Industrial" (Street Closure Component); (c) renewing existing and entering into new short-term use permits or agreements with the District on sites that include District Parcel 028-007 and the eastern portion of District Parcel 025-010-D (Lot K). As part of the Project, the eastern portion of District Parcel 025-010-D (Lot K) and District Parcel 027-047 (Uplands Properties) are proposed to be incorporated into the Port Master Plan. The Uplands Properties are proposed to be designated as "Commercial Recreation" in the Port Master Plan. In addition, a Marine Related Industrial Overlay is proposed on District Parcel 028-007 and the eastern portion of District Parcel 025-010-D (Lot K), which would expire the earlier of seven years or if the Board of Port Commissioners (Board) approves a development consistent with the Commercial Recreation use designation (Overlay Component). 1 The Project proposes a Port Master Plan Amendment for the Street Closure Component, the Uplands Properties Component, and the Overlay Component. The Board will consider the certification of the EIR and approval of the Project and PMPA on September 8, 2016. The Board will have several options including authorizing submittal of the Uplands Properties Component and Overlay Component with the California Coastal Commission for its consideration and certification, or direct staff to return at a later date with a further update, or rescind the approval of the Uplands Properties Component and Overlay Component. Balanced Land Use Plan The City and District have been working collaboratively and closely on the Balanced Land Use Plan, which encompasses properties within the District and the City, including District Parcels 025-010-D (Lot K), 028-007, and 027-047. The Balanced Land Use Plan is intended to promote commercial, recreational, and maritime uses. City and Port staff continue to work on refinements to the Balanced Land Use Plan, which Port staff intends to take to the Board in the fall of 2016 for further direction. On April 5, 2016, the City Council directed staff to collaborate with the Port on an environmental impact report that addresses all related plans, projects, and public improvements comprehensively in both jurisdictions as part of the Balanced Land Use Plan. On April 14, 2016, the Board directed Port staff to further study the Balanced Land Use Plan and to prepare an environmental impact report. City and Port staff are continuing efforts and collaboration on the Balanced Land Use Plan, which staff believes will address the Overlay Component issues and concerns raised by the City in its comments on the Project and its environmental impact report. "No Marine Related Industrial Overlay Alternative" (CEQA Alternative 4) The "No Marine Related Industrial Overlay Alternative" (CEQA Alternative 4) differs from the proposed project only with regard to the proposed temporary Maritime Related Industrial Overlay. Under this alternative, no Overlay would be applied to the eastern half of Lot K or Parcel 028-007. The tank farm and street closures sites would still be graded and paved, the two structures on the former Weyerhaeuser site would still be demolished, and a new real estate agreement for vehicle storage would still be proposed. It would also include most of the short-term use permit sites. Under this alternative, the Uplands Properties would still be incorporated into the PMP as Commercial Recreation land uses. This alternative estimates that if these sites where no longer used for maritime uses (i.e. vehicle storage), throughput would be reduced by 40,379 vehicles per year for a total of approximately 170,439 vehicles per year or 81 % of the proposed project. Although Alternative 4 could reduce throughput to 81 % of the proposed project, the alternative still allows the District's tenant to meet current and future market demand to that extent. Since the anticipated demand is a future condition that will not be immediately realized, the District would not be precluded from subsequent action to achieve the remaining 19% in the future while throughput has not reached 100% of the anticipated market demand. There would be adequate time to take future actions to provide for the additional throughput capacity through other measures, e.g. site acquisition, re -lease of other sites that become available, operational improvements, parking structures, etc. 2 MOU — Compromise to CEQA Alternative 4 Under the terms of the MOU, District staff will seek Board authorization to submit the Street Closures component of the PMPA to the California Coastal Commission for certification. District staff will also recommend that the Board direct staff to return in 12-18 months with an update on discussions with the City and land uses for properties that would be subject to the Overlay and Upland Properties Components, including an update on the Balanced Land Use Plan and the EIR for the Balanced Land Use Plan, which if approved, would supersede the Overlay Component. The MOU provides that if a change of circumstances occurs such that Pasha may not legally operate on the parcels that would be subject to the Overlay Component or portions thereof, the Board may authorize the submittal of the Overlay Component to the California Coastal Commission for certification. The MOU memorializes the City and District agreement that the intent of the District approval would be to allow for the immediate submittal of the Street Closure Component of the PMPA to the California Coastal Commission for certification, while concurrently allowing the parties to continue discussions on the land uses for the area subject to the Overlay Component, including the processing of the Balanced Land Use Plan and EIR for the Balanced Land Use Plan. Furthermore, if the Balanced Land Use Plan is adopted by the parties and certified by the California Coastal Commission, it would supersede the Overlay Component. 3 ... at r a •• rrn n, Berth 24-3 Berth Berth 24-5 San Diego Bav A 0 200 400 S00 feet Source: ESRI StreetMap North America (2014); Bing Aerial (2014) Berth 24-1 027!043 • 025`010-C Berth 24-10 Eli MC Legend I I Parcels Former Tank Farm Street Closures Short-term Use Permit Sites Former Weyerhaeuser Site Uplands Properties Best Western Marina Gateway,, Distribution 025-010-D Peppzr Park tom: Berth 24-11 Sweetwater Marsh National Wildlife Refuge 027-047 Pier 321ilariina ICF INTERNATIONAL Figure ES-1 Project Sites NCMT Tank Farm Paving and Street Closures Project & PMPA -0— CALIFORNIA %UONAL aCK3L �v June 13, 2016 Anna Buzaitis Senior Planner Environmental and Land Use Management Port of San Diego 3165 Pacific Highway San Diego, CA 92112-0488 ATTACHMENT 2 RE: Draft EIR - NCMT Tank Farm Paving and Street Closures Project & Port Master Plan Amendment Dear Anna, The City's comments on the Draft EIR are attached. The City is supportive of the proposed tank farm paving and street closures for the expansion of Pasha's vehicle storage operations to meet existing and anticipated future market demands. However, the City recommends that the other elements of the project be addressed as part of the Balanced Land Use Plan for the reasons enumerated in our comments. The City urges the Port to consider the adoption of one of the project alternatives without the proposed Marine Related Industrial Overlay, which would be more appropriately addressed in the Balanced Plan. Existing vehicle storage operations may continue on the subject lots within the City's jurisdiction with a use permit, which has been approved by the City in the past. The City is amenable to vehicle storage operations on these lots while working jointly with the Port on the Balanced Plan. The City is also supportive of the proposed street closures, which require a City public review process for street vacations consistent with the California Streets and Highways Code. Since the Port and City are moving forward with the Balanced Plan, any proposed land use changes should be considered in conjunction with the development of that plan since it is a comprehensive plan for the Marina District and Tidelands. The cumulative impacts analysis should include any potential impacts relevant to the Balanced Plan in the area of Land Use or Planning and should be reflected in the DEIR. Sincerely, ra aulston Executive Director Attachments: Draft EIR Comments 1243 National City Boulevard, National City, California 91950 (619) 336.4240 www.nationalcityca.gov NCMT TANK FARM PAVING & STREET CLOSURES PROJECT & PMPA City of National City Comments on Draft EIR June 13, 2016 Land Use & Planning Comments: Raymond Pe Principal Planner 1. The inclusion of renewing short-term use permits (especially those regarding Port Parcel 025-010-D/Lot K) as part of the Tank Farm project is piece-mealing and inappropriate segmentation of the Balanced Land Use Plan. The short-term use of these parcels is not functionally related to or part of the Tank Farm Project, but is rather part of the land uses to be addressed in the overall Balanced Plan. Any type of land use change for Port Parcel 025- 010-D/Lot K, Port Parcel 027-047, and Port Parcel 028-007 is properly part of the overall Balanced Plan. 2. The Port should include and address Port Parcel 025-010-D/Lot K and Port Parcel 027-047 as part of the Balanced Plan project, as the Balanced Plan will look at the consistency with and include amendments to the City's Harbor District Specific Area Plan (including the B-1 and B- 2 parcels) and other land use plans. The City believes including the B-1 and B-2 sites as part of the Tank Farm project circumvents the CEQA process. The proposed overlay regarding the B-2 site is inconsistent with the City's Harbor District Specific Area Plan (HDSAP), General Plan, Land Use Map, Zoning Map, and the recent Balanced Plan as approved by the District Board of Commissioners. The proposed overlay regarding Port Parcel 028-007 is inconsistent with the recent Balanced Plan as approved by the District Board of Commissioners 3. The proposed inclusion of the B-1 and B-2 parcels into the PMP does not transfer land use jurisdiction over the properties to the Port in the absence of amendments to and concurrence by the City's land use plans (HDSAP, General Plan, Land Use Map, and Zoning Map). The Tank Farm project does not include any such amendments. While the City recognizes that the Port and City disagree over which entity has land use authority over the B-1 and B-2 parcels, the Balanced Plan does provide the opportunity for City land use plan amendments to be considered as part of a joint planning effort between the Port and the City. 4. The proposed implementation of the marine related industrial overlay would be inconsistent with the Board of Commissioners' recent action on the Balanced Plan, which includes land use changes and planning for Port Parcels 025-010-D, 027-047, and 028-007. To include these sites into the Tank Farm Project will piece -meal the Balanced Plan and create immediate inconsistencies with that plan and City land use plans. The City requests the Port to examine these parcels as part of the Balanced Plan and remove them from the 1 Tank Farm Project. To the extent various Alternatives include removing the overlay zone as part of the Tank Farm project, the City urges the Port to consider those alternatives; and, instead address the overlay in the Balanced Plan. The throughput will not be decreased because the throughput can occur with a permit from the City for the auto storage upon the B-2 lot, which the City has approved in the past. 5. Since the Port and City are moving forward with the Balanced Plan, any proposed land use changes should be considered in conjunction with the development of that plan since it is a comprehensive plan for the Marina District and Tidelands. The cumulative impacts analysis does not appear to examine or include any potential impacts from the Balanced Plan in the area of Land Use or Planning. The Balanced Plan is a joint planning effort with the Port as the lead agency. Conceptual approval by the Port has occurred, which should be reflected in the DEIR (e.g. DEIR p. 5-7), and the Balanced Plan should be considered in the cumulative impacts analysis of Land Use and Planning impacts. 6. The project describes Quay Avenue, 28th Street, and 32nd Street as non -dedicated District streets or roads. However, the Tideland Conveyance to the District in 1963 includes segments of Quay Avenue and 28th Street as public rights -of -way, shown on the attached conveyance map exhibit and sewer easement plan sheet, which are controlled and maintained by the City and have not been closed. Street vacations must go through a City public review process consistent with California Streets and Highways Code Sections 8320- 8325. 7. The baseline condition for project impact analysis for Lot K should be the last date (June 30, 2002) that the land use was legally permitted pursuant to the applicable coastal development permit and conditional use permit (CDP-1999-2/CUP-1999-3). Public Works/Engineering Comments: Stephen Manganiello Director of Public Works / City Engineer 8. Roadway segment traffic analysis for all scenarios should include Marina Way and W. 32nd Street, particularly when analyzing cumulative traffic impacts due to closure of Tidelands Avenue south of Bay Marina Drive. 9. Cumulative traffic analysis scenarios do not appear to accurately reflect operations at the intersections of Bay Marina Drive and 1-5 ramps. For example, all near term and long term scenarios show improvements to level of service (LOS) and delay at these two intersections when compared to existing conditions, while the study does not report any changes to intersection geometry or capacity. If improvements to LOS and delay are achieved simply 2 by optimizing signal timing at these two intersections, the study should clearly state as such. We request copies of the traffic signal analysis data sheets from Synchro or other software used to analyze the study intersections for all scenarios to verify analysis results. 10. Redistribution of traffic due to closure of Tidelands Avenue south of Bay Marina Drive is not clearly presented in the traffic analysis. For example, the analysis does not indicate where the 2,800 cumulative traffic volumes along Tidelands Avenue under long-term conditions will re-route after roadway closure. 11. The project may have a cumulatively significant impact on emergency vehicle access under the Tidelands Avenue closure scenarios, as the project does not propose to contribute a fair share towards realignment and reconstruction of Marina Way to accommodate emergency vehicles. Under existing conditions, emergency vehicles access this area of the National City Marine Terminal, Pepper Park, and Pier 32 Marina through Tidelands Avenue, as Marina Way between Bay Marina Drive and W. 32nd Street is not designed to accommodate emergency vehicles due to a series of speed humps and a narrowing of the roadway width at various locations. 12. The project may have a cumulatively significant impact on bicycle access under the Tidelands Avenue closure scenarios, as the project does not propose to contribute a fair share towards the realignment and reconstruction of the Bayshore Bikeway, which will be displaced due to the roadway closure. 13. The project may have a cumulatively significant impact on public parking under the Tidelands Avenue closure scenarios, as the project does not propose to contribute a fair share towards relocation of public parking, which will be displaced due to the roadway closure. Fire Department Comments: Robert Hernandez Battalion Chief/ Fire Marshal / Fire Investigator 14. Proposed closure of Tidelands Avenue. The road description is a 60 foot wide roadway consisting of an asphalt surface. Parking is allowed on both sides of the streets per code. In addition, concrete curbs run the length of roadway found on both east and west sides of the street. The roadway beginning from Bay Marina Boulevard traveling south, and terminating at the foot of Pepper Park, is approximately 2,542.45 feet in length. An additional roadway is found at Bay Marina Boulevard and Bay Marina Way. An asphalt surface with no parking and parking on certain sections of the street are allowed per code. Bay Marina Way has a concrete sidewalk located on the east side of the street. Bay Marina Way is a 10 to 50 foot wide roadway which varies along its path of travel. The roadway beginning from Bay Marina Boulevard traveling south on Bay Marina Way, to the foot of Pier 32 is approximately 2,542.45 feet in length. Bay Marina Way contains speed humps/bumps. 15. Description of Concern. Historically, having only one road which is used for the entrance and exit of emergency traffic is hazardous and a major life safety concern in a heavily used commercial/mixed use zone. The need for adequate access to the Aquatic Center, Pier 32 Marina, Pier 32 Second Floor Apartment, Pepper Park, and Boat Ramp require additional roadways. Marina Way access provides limited/slow accessibility due to topography and width of road. Additionally, speed control devices will further hamper the required National Fire Protection Agency (NFPA) recommended response time of 6 minutes or Tess within this zone. 16. Code Analysis. Obstructing a means of egress or limiting the means of egress to a single route has historically been shown to be detrimental to life safety and is therefore prohibited by California Fire Code (CFC) Section 503.1.1. Further, the fire code official is authorized to require more than one fire apparatus roadway based on the potential for impairment of a single road by vehicle congestion, condition or terrain, climatic conditions, or other factors that could limit access California Fire Code (CFC) Section 503.1.1. 17. Hazard Analysis. According to the NFPA "Fires in the U.S." in 2013 (the most recent survey of fire related losses), there were 1,240,000 fires reported in the United States. These fires caused 3,240 civilian deaths, 15,925 civilian injuries, and $11.5 billion in property damage. a) 487,500 were structure fires, causing 2,855 civilian deaths, 14,075 civilian injuries, and $9.5 billion in property damage b) 188,000 were vehicle fires, causing 320 civilian fire deaths, 1050 civilian fire injuries, and $1.3 billion in property damage c) 564,500 were outside and other fires, causing 65 civilian fire deaths, 800 civilian fire injuries, and $607 million in property damage 18. Further, in 2013 in the United States, a fire department responded to a fire every 25 seconds. One structure fire was reported every 65 seconds. a) One home structure fire was reported every 85 seconds b) One civilian fire injury was reported every 33 minutes c) One civilian fire death occurred every 2 hours and 42 minutes 4 d) One outside fire was reported every 56 seconds e) One vehicle fire was reported every 167 seconds 19. Based on this analysis, I judge that the risk of a fire event which may result in loss of life or property is high. In addition, the opportunity for an emergency of underground infrastructure resulting in the closure or limited access of the only roadway to these areas in an emergency would be catastrophic. 20. California Fire Code Requirements (CFC): a) Fire apparatus access roads shall be provided and maintained in accordance with sections 503.1.1 b) Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. Fire apparatus access roads shall comply with the requirements of this section and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility c) The fire code official is authorized to require more than one fire apparatus based on the potential for impairment of a single road by vehicle congestion, condition or terrain, climatic conditions or other factors that could limit access d) Fire department vehicle access to buildings used for high -piled storage shall comply with the applicable provisions of Chapter 32 (High -Pile Combustible Storage) e) Fire Apparatus access roads shall be installed and arranged in accordance with CFC sections 503.2.1— 503.2.8 f) Fire department access roads shall have an unobstructed width of not less than 20 feet, exclusive of shoulders, except for approved security gates in accordance with section 503.6 (Key Boxes) and the unobstructed vertical clearance of not Tess than 13 feet 6 inches g) The fire code official shall have the authority to require an increase in the minimum access widths where they are inadequate for fire or rescue operations h) Fire apparatus roads shall be designed and maintained to support the imposed loads (75,000 lbs.) of an apparatus and shall be surfaced so as to provide all -weathered driving capabilities i) The grade of the fire apparatus access road shall be within the limits established by the fire code official based on the fire department's apparatus (15% Grade) j) The angles of approach and departure for fire apparatus access roads shall be within the limits established by the fire code official based on the fire department's apparatus k) Where required by the fire code, official approved signs or other approved notices or markings that include the words NO PARKING — FIRE LANE shall be provided for 5 fire apparatus access roads to identify such roads or prohibit the obstruction thereof. The means by which fire lanes are designed shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility I) Fire apparatus access roads shall not be obstructed IN ANY MANNER including the parking of vehicles. The minimum widths and clearances established in section 503.2.1 (Dimensions) shall be maintained at all times m) Fire hydrants to be located throughout the project as not to have a separation distance greater than 400 feet. Fire hydrants to be located within 400 feet of all locations which are roadway accessible. (Measurement starts from nearest existing fire hydrant to project) n) The required width of emergency fire apparatus access roads shall not be obstructed in any manner, including parking of vehicles. All access roads shall be no less than 20 feet wide, no less than 14 feet high and shall have an all weathered road with the ability to support 75 thousand pounds or greater. Where a fire hydrant is located on a fire apparatus road, the minimum road width shall be 26 feet. All turns available for fire access and travel shall maintain a minimum of a 28 foot radius o) Buildings or portions of buildings or facilities exceeding 30 feet in height above the lowest level of fire department vehicle access shall be provided with approved fire apparatus access roads capable of accommodating fire department aerial apparatus. Overhead utility and power lines shall not be located within the aerial fire apparatus access roadway where a fire hydrant is located on a fire apparatus road, the minimum road width shall be 26 feet. All turns available for fire access and travel, shall maintain a minimum of a 28 foot radius p) Fire access roads in excess of 150 feet to furthest end of property from a public street shall be provided with width and turnaround provisions q) Marina Way access provides limited/slow accessibility due to topography and width of road. Additionally, speed control devices will further hamper required National Fire Protection Agency suggested response times of 6 minutes or less to a commercial/industrial zone. 21. California Code of Regulations Title 19 Division 1— 3.05 (A) (CCR): Required access roads from every building to a public street shall be all —weathered hard —surfaced (suitable for use by fire department apparatus) right-of-way not less than 20 feet in width. Such right-of-way shall be unobstructed and maintained only as access to the public street. -- End of Comments -- 6 ATTACHMENT 3 MEMORANDUM OF UNDERSTANDING BETWEEN SAN DIEGO UNIFIED PORT DISTRICT AND THE CITY OF NATIONAL CITY REGARDING A MARINE RELATED INDUSTRIAL OVERLAY ON DISTRICT PARCEL 028-007 AND THE EASTERN PORTION OF DISTRICT PARCEL 025-010-D (LOT K) THIS MEMORANDUM OF UNDERSTANDING is made and entered into this th day of , 2016, by and between the San Diego Unified Port District, a public corporation ("District") and the City of National City, a municipal corporation ("City"). The District and City are collectively, referred to herein as "parties". WHEREAS, Pasha Automotive Services ("Pasha") currently operates the National City Marine Terminal ("NCMT") under a Terminal Operating Agreement ("TOA") with the District and as part of that operation, also operates on numerous District -owned parcels under short-term agreements with the District, including District Parcel 028-007 and the eastern portion of District Parcel 025-010-D (Lot K); and WHEREAS, Pasha has proposed a project ("Project"), as more particularly shown on Exhibit "A" Project Sites, that includes, among other components: (a) grading, paving and operating on a former tank farm site that is subject to the TOA; (b) closing and re -paving approximately five acres of portions of Quay Avenue, 28th Street, and 32nd Street, as well as changing the land use designation for these portions of the streets in the certified Port Master Plan from Street to Marine Related Industrial ("Street Closure Component"); (c) renewing existing and entering into new short-term use permits or agreements with the District on sites that are adjacent or near NCMT, including on District Parcel 028- 007 and the eastern portion of District Parcel 025-010-D (Lot K); and WHEREAS, as part of the Project, the eastern portion of District Parcel 025-010- D (Lot K) and District Parcel 027-047 are proposed to be incorporated into the certified Port Master Plan (the eastern portion of 025-010-D and District Parcel 027-047 are collectively referred to as "Uplands Properties" and inclusion of those properties into the certified Port Master Plan is referred to as the "Uplands Properties Component"); and WHEREAS, the Project also proposes to designate the Uplands Properties as Commercial Recreation in the certified Port Master Plan and an overlay is proposed to be placed on District Parcel 028-007 and the eastern portion of District Parcel 025-010-D (Lot K), which would temporarily designate the properties as Marine Related Industrial until the earlier of seven years or the Board of Port Commissioners ("BPC") approves a development through the issuance of a Coastal Development Permit consistent with the Commercial Recreation use designation ("Overlay Component"); and Page 1 of 5 WHEREAS, in summary, the Project proposes a Port Master Plan Amendment ("PMPA") for the Street Closure Component, the Uplands Properties Component and the Overlay Component; and WHEREAS, the City and District have been working collaboratively and closely on a land use plan that encompasses several properties within both the District and City, including, but not limited to, the entirety of District Parcels 025-010-D (Lot K), 028-007 and 027-047 and said land use plan is intended to promote, in harmony, commercial, recreational and maritime uses ("Balanced Land Use Plan"); and WHEREAS, on April 5, 2016, the City Council of the City was provided an update on the Balanced Land Use Plan and directed staff, in relevant part, to collaborate with the District on an environmental impact report that studies all related plans, projects, and public improvements comprehensively in both the City's and District's jurisdictions as part of the Balanced Land Use Plan; and, emphasized the collective importance of addressing all issues comprehensively in the Balanced Land Use Plan specifically referencing what are referred to herein as the Overlay Component and Upland Properties Component; and WHEREAS, on April 14, 2016, the BPC directed staff to further study the Balanced Land Use Plan and to initiate an Environmental Impact Report ("EIR") under the California Environmental Quality Act ("CEQA") for Balanced Land Use Plan; and WHEREAS, through the parties' collaboration on the Balanced Land Use Plan, certain additions and refinements have been made to the Balanced Land Use Plan and the District intends to return to the BPC in the fall of 2016 to obtain direction on preliminary project review for those added and refined elements; and WHEREAS, pursuant to CEQA statutes and guidelines, the Project was analyzed in the EIR entitled "National City Marine Terminal Tank Farm Paving and Street Closures Project & Port Master Plan Amendment" (UPD #EIR-2014-188, SCH# 2014121046) and on September 8, 2016, the BPC adopted the Final EIR, Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program (collectively, "District EIR Certification"); and WHEREAS, pursuant to the California Coastal Act, the BPC approved the PMPA, but only authorized District staff to submit the Street Closure Component portion of the PMPA to the California Coastal Commission for its consideration and certification and directed District staff to return to the BPC in 12-18 months with an update on discussions with the City and land uses for properties that would be subject to the Overlay Component and Upland Properties Component, including an update on the Balanced Land Use Plan and the EIR for the Balanced Land Use Plan, which if approved, would supersede the Overlay Page 2 of 5 Component; provided, however, if a change of circumstances occurs making it so that Pasha may not legally operate on the parcels that would be subject to the Overlay Component or portions thereof, the BPC may immediately or soon thereafter authorize the submittal of the Overlay Component to the California Coastal Commission for its consideration and certification ("District PMPA Approval"; the District EIR Certification and the District PMPA Approval are herein referred to as "District Approvals"); and WHEREAS, as part of the District PMPA Approval, the BPC also recognized that when the item returns to the BPC, the BPC may have several options including, but not limited to, authorizing submittal of the Uplands Properties Component and Overlay Component with the California Coastal Commission for its consideration and certification, or direct District Staff to return to the BPC at a later date with a further update, or rescind the BPC's approval of the Uplands Properties Component and Overlay Component; and WHEREAS, the parties disagree on certain legal matters, including, without limitation, land use jurisdiction over the eastern portion of District Parcel 025-010- D and District Parcel 027-047, as well as whether the Project and the Balanced Land Use Plan are separate projects with independent utility; and WHEREAS, based upon and in recognition of the parties continued efforts and collaboration on the Balanced Land Use Plan, which the parties believe will address the Overlay Component issues, the City supports the District Approvals ("City Support"). NOW THEREFORE FOR VALUABLE CONSIDERATION, the parties agree to the following: 1. The parties desire to continue to work collaboratively on land use issues in the National City bayfront and surrounding area. Accordingly, despite differences in the parties' legal positions, which are not waived by this MOU, the City and District agree that the intent of the District Approvals was to allow for the immediate submittal of the Street Closure Component of the PMPA to the California Coastal Commission for its consideration and certification, while concurrently allowing the parties to continue discussions on the land uses for the area subject to the Overlay Component, including the processing of the Balanced Land Use Plan and EIR for the Balanced Land Use Plan. It is also the parties' understanding that, as currently proposed, if the Balanced Land Use Plan was adopted by the parties and certified by the California Coastal Commission, it would supersede the Overlay Component. The parties agree that in exchange for the District Approvals, the City supports the District Approvals through the City Support action. 2. This MOU shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Page 3 of 5 MOU, the action shall be brought in a state or federal court situated in the County of San Diego, State of California. 3. For purposes of this MOU, the relationship of the parties is that of independent entities and not as agents of each other or as joint ventures or partners. The parties shall maintain sole and exclusive control over their personnel, agents, consultants, and operations. 4. No alteration or variation of the terms of this MOU shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 5. This MOU in no way constitutes an approval of or a binding commitment to approve the Balanced Land Use Plan under CEQA and parties, respectively, reserve in their sole and absolute discretion to adopt all feasible mitigation measures, alternatives, including the no project alternative and a statement of overriding considerations, if applicable. 6. Nothing in the provisions of this MOU is intended to create duties or obligations to or rights in third parties to this MOU or affect the legal liability of the parties to this MOU to third parties. [SIGNATURES ON THE IMMEDIATE NEXT PAGE] Page 4 of 5 IN WITNESS WHEREOF, parties hereto have executed this Memorandum of Understanding as of the day and the year first above written. APPROVED AS TO FORM: SAN DIEGO UNIFIED PORT DISTRICT By By Assistant General Counsel/ Randa Coniglio Deputy General Counsel President/Chief Executive Officer APPROVED AS TO FORM: CITY OF NATIONAL CITY: By By Claudia G. Silva City Attorney Ron Morrison Mayor Page 5 of 5 Exhibit "A" Project Sites ••• "1"•• " 1"".•," • 1 I. " • AK 1.111,• • •••••,- . BertI Berth 24.3 Berth 24-4 Berth N A 0 200 400 800 feet Source: ESRI StreetMap North America (2014): Bing Aerial (2014) Naval Base San Diey 4, Berth 23-1 National City Marine Terminal 027 Sweetwater Marsh National Wildlife Refuge 027-047 025-010-A`' 025-010-C Berth 24-10 Legend I I Parcels Former Tank Farm Street Closures Short-term Use Permit Sites Former Weyerhaeuser Site cm Uplands Properties Proposed Marine Related Industrial Overlay .w, `/- Best Western Marina Gateway National Distribution 027-042 • • Center4 Berth 24-11 025-010-D Pepper Park; -'- RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY IN SUPPORT OF THE COMPROMISE TO CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PROJECT ALTERNATIVE 4 FOR THE SAN DIEGO PORT DISTRICT'S MASTER PLAN AMENDMENT AND NATIONAL CITY MARINE TERMINAL TANK FARM PAVING AND STREET CLOSURES PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING REGARDING THE PARTIES' INTENT IN SUPPORTING THE COMPROMISE WHEREAS, the Port has prepared a draft Port Master Plan Amendment (PMPA) as part of the National City Marine Terminal (NCMT) Tank Farm Paving and Street Closures Project (the "Project); and WHEREAS, on September 8, 2016, the Board of Port Commissioners will consider the Project and PMPA for adoption with or without modification following a public hearing; and WHEREAS, the Board will also consider certification of the Environmental Impact Report (EIR) that was prepared for the Project and PMPA; and WHEREAS, Port staff has recommended that the Board certify the EIR and approve the proposed project and PMPA; and WHEREAS, Port and City staff have been working on a compromise, which would provide the Port the ability to submit the PMPA for the street closures to the Coastal Commission, but would not allow for submission of the PMPA for the Overlay or Uplands Properties Components; and WHEREAS, Port and City staff have been working on a compromise, which would provide the Port the ability to submit the PMPA for the street closures to the Coastal Commission, but would not allow for submission of the PMPA for the Overlay or Uplands Properties Components. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City supports the compromise to California Environmental Quality Act (CEQA) Project Alternative 4 for the San Diego Port District's Master Plan Amendment and National City Marine Terminal Tank Farm Paving and Street Closures Project. BE IT FURTHER RESOLVED that the City Council hereby authorizes the Mayor to execute a Memorandum of Understanding regarding the parties' intent in supporting the compromise. [Signature Page to Follow] Resolution No. 2016 — Page Two PASSED and ADOPTED this 6th day of September, 2016. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney RESOLUTION NO. 2016 — 142 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY IN SUPPORT OF THE COMPROMISE TO CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PROJECT ALTERNATIVE 4 FOR THE SAN DIEGO PORT DISTRICT'S MASTER PLAN AMENDMENT AND NATIONAL CITY MARINE TERMINAL TANK FARM PAVING AND STREET CLOSURES PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING REGARDING THE PARTIES' INTENT IN SUPPORTING THE COMPROMISE WHEREAS, the Port has prepared a draft Port Master Plan Amendment (PMPA) as part of the National City Marine Terminal (NCMT) Tank Farm Paving and Street Closures Project (the "Project); and WHEREAS, on September 8, 2016, the Board of Port Commissioners will consider the Project and PMPA for adoption with or without modification following a public hearing; and WHEREAS, the Board will also consider certification of the Environmental Impact Report (EIR) that was prepared for the Project and PMPA; and WHEREAS, Port staff has recommended that the Board certify the EIR and approve the proposed project and PMPA; and WHEREAS, Port and City staff have been working on a compromise, which would provide the Port the ability to submit the PMPA for the street closures to the Coastal Commission, but would not allow for submission of the PMPA for the Overlay or Uplands Properties Components; and WHEREAS, Port and City staff have been working on a compromise, which would provide the Port the ability to submit the PMPA for the street closures to the Coastal Commission, but would not allow for submission of the PMPA for the Overlay or Uplands Properties Components. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City supports the compromise to California Environmental Quality Act (CEQA) Project Alternative 4 for the San Diego Port District's Master Plan Amendment and National City Marine Terminal Tank Farm Paving and Street Closures Project. BE IT FURTHER RESOLVED that the City Council hereby authorizes the Mayor to execute a Memorandum of Understanding regarding the parties' intent in supporting the compromise. [Signature Page to Follow] Resolution No. 2016 — 142 Page Two PASSED and ADOPTED this 6th day of September 1 16. ATTEST: Michael R. Dalla, Ci Clerk // PPROVED� S TO F $ Itt 'audia acit a Silva City Attorney on orrison, Mayor Passed and adopted by the Council of the City of National City, California, on September 6, 2016 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2016-142 of the City of National City, California, passed and adopted by the Council of said City on September 6, 2016. k City Clerk of the City of ational City, California By: Deputy REFERENCE COPY RESOLUTION NO. 2016 — 142 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY IN SUPPORT OF THE COMPROMISE TO CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PROJECT ALTERNATIVE 4 FOR THE SAN DIEGO PORT DISTRICT'S MASTER PLAN AMENDMENT AND NATIONAL CITY MARINE TERMINAL TANK FARM PAVING AND STREET CLOSURES PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING REGARDING THE PARTIES' INTENT IN SUPPORTING THE COMPROMISE 66857 WHEREAS, the Port has prepared a draft Port Master Plan Amendment (PMPA) as part of the National City Marine Terminal (NCMT) Tank Farm Paving and Street Closures Project (the "Project); and WHEREAS, on September 8, 2016, the Board of Port Commissioners will consider the Project and PMPA for adoption with or without modification following a public hearing; and WHEREAS, the Board will also consider certification of the Environmental Impact Report (EIR) that was prepared for the Project and PMPA; and WHEREAS, Port staff has recommended that the Board certify the EIR and approve the proposed project and PMPA; and WHEREAS, Port and City staff have been working on a compromise, which would provide the Port the ability to submit the PMPA for the street closures to the Coastal Commission, but would not allow for submission of the PMPA for the Overlay or Uplands Properties Components; and WHEREAS, Port and City staff have been working on a compromise, which would provide the Port the ability to submit the PMPA for the street closures to the Coastal Commission, but would not allow for submission of the PMPA for the Overlay or Uplands Properties Components. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City supports the compromise to California Environmental Quality Act (CEQA) Project Alternative 4 for the San Diego Port District's Master Plan Amendment and National City Marine Terminal Tank Farm Paving and Street Closures Project. BE IT FURTHER RESOLVED that the City Council hereby authorizes the Mayor to execute a Memorandum of Understanding regarding the parties' intent in supporting the compromise. [Signature Page to Follow] Resolution No. 2016 — 142 Page Two PASSED and ADOPTED this 6th day of September,_ 1 16. ATTEST: // R. Dalla, Ci Michael Mic Clerk PPROVEDS TO F audia acit a Silva City Attorgey on orrison, Mayor Passed and adopted by the Council of the City of National City, California, on September 6, 2016 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California W_AtLtA /,,a/g City CI rk of the C4 of ational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2016-142 of the City of National City, California, passed and adopted by the Council of said City on September 6, 2016. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 6, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City in support of the compromise to Califomia Environmental Quality Act (CEQA) Project Alternative 4 for the San Diego Port District's Master Plan Amendment and National City Marine Terminal Tank Farm Paving and Street Closures Project and authorizing the Mayor to execute a Memorandum of Understanding regarding the parties intent in supporting the compromise. (Planning) DEPARTMENT: P�annii� PREPARED BY: Raymond Pe "" PHONE: Ext.4421 !i EXPLANATION: The Port has prepared a draft Port Master Plan Amendment (PMPA) as part of the National City Marine Terminal (NCMT) Tank Farm Paving and Street Closures Project. On September 8, the Board of Port Commissioners will consider the project and PMPA for adoption with or without modification following a public hearing. The Board will also consider certification of the Environmental Impact Report that was prepared for the project and PMPA. Port staff has recommended that the Board certify the EIR, and approve the proposed project and PMPA. The Port and Staff have been working on a compromise, which would provide the Port the ability to submit the PMPA for the street closures to Coastal Commission, but would not allow for submission of the PMPA for the Overlay or Uplands Properties Components. The EIR would be certified for all components, for the project as proposed. The details of the compromise are discussed in the attached report. Staff recommends that the City Council support the compromise. In the event the Port does not approve the compromise, the MOU would not be executed. The attached background report outlines staff support for the Compromise to Project Altemative 4 of the EIR. APPROVED BY: FINANCIAL STATEMENT: Jot Applicable, ACCOUNT NO. APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: No further action is required under the California Environmental Quality Act since the action, as defined by CEQA, is not considered a project that has the potential to result in either a direct or indirect physical change in the environment. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt a resolution supporting the compromise to Altemative 4 and authorizing the Mayor to enter into a Memorandum of Understanding with the San Diego Unified Port District regarding a Marine Related Industrial Overlay. BOARD / COMMISSION RECOMMENDATION: !Not ApplicablE ATTACHMENTS: 1. Background Report. 2. EIR Comment Letter to Port (June 13, 2016). 3. Memorandum of Understanding. 538 of 616 Attachment 1 Background Report Staff Recommendation Adopt a resolution supporting the compromise to Alternative 4 and authorizing the Mayor to enter into a Memorandum of Understanding with the San Diego Unified Port District regarding a Marine Related Industrial Overlay. The Port has prepared a draft Port Master Plan Amendment (PMPA) as part of the National City Marine Terminal (NCMT) Tank Farm Paving and Street Closures Project. On September 8, the Board of Port Commissioners will consider the project and PMPA for adoption with or without modification following a public hearing. The Board will also consider certification of the Environmental Impact Report that was prepared for the project and PMPA. Port staff has recommended that the Board certify the EIR, and approve the proposed project and PMPA. The Port and Staff have been working on a compromise, which would provide the Port the ability to submit the PMPA for the street closures to Coastal Commission, but would not allow for submission of the PMPA for the Overlay or Uplands Properties Components. The EIR would be certified for all components, for the project as proposed. Pasha Project Proposal Pasha Automotive Services (Pasha) currently operates the National City Marine Terminal (NCMT) under a Terminal Operating Agreement (TOA) with the District, and as part of that operation, also operates on numerous District -owned parcels under short-term agreements with the District, including District Parcel 028-007 and the eastern portion of District Parcel 025-010-D (Lot K). Pasha has proposed a project that includes: (a) grading, paving, and operating on a former tank farm subject to the TOA; (b) closing and re -paving portions of Quay Avenue, 28th Street, and 32nd Street, as well as changing the Port Master Plan land use designation for these portions of the streets from "Street" to "Marine Related Industrial" (Street Closure Component); (c) renewing existing and entering into new short-term use permits or agreements with the District on sites that include District Parcel 028-007 and the eastern portion of District Parcel 025-010-D (Lot K). As part of the Project, the eastern portion of District Parcel 025-010-D (Lot K) and District Parcel 027-047 (Uplands Properties) are proposed to be incorporated into the Port Master Plan. The Uplands Properties are proposed to be designated as "Commercial Recreation" in the Port Master Plan. In addition, a Marine Related Industrial Overlay is proposed on District Parcel 028-007 and the eastern portion of District Parcel 025-010-D (Lot K), which would expire the earlier of seven years or if the Board of Port Commissioners (Board) approves a development consistent with the Commercial Recreation use designation (Overlay Component). 539 of 616 The Project proposes a Port Master Plan Amendment for the Street Closure Component, the Uplands Properties Component, and the Overlay Component. The Board will consider the certification of the EIR and approval of the Project and PMPA on September 8, 2016. The Board will have several options including authorizing submittal of the Uplands Properties Component and Overlay Component with the California Coastal Commission for its consideration and certification, or direct staff to return at a later date with a further update, or rescind the approval of the Uplands Properties Component and Overlay Component. Balanced Land Use Plan The City and District have been working collaboratively and closely on the Balanced Land Use Plan, which encompasses properties within the District and the City, including District Parcels 025-010-D (Lot K), 028-007, and 027-047. The Balanced Land Use Plan is intended to promote commercial, recreational, and maritime uses. City and Port staff continue to work on refinements to the Balanced Land Use Plan, which Port staff intends to take to the Board in the fall of 2016 for further direction. On April 5, 2016, the City Council directed staff to collaborate with the Port on an environmental impact report that addresses all related plans, projects, and public improvements comprehensively in both jurisdictions as part of the Balanced Land Use Plan. On April 14, 2016, the Board directed Port staff to further study the Balanced Land Use Plan and to prepare an environmental impact report. City and Port staff are continuing efforts and collaboration on the Balanced Land Use Plan, which staff believes will address the Overlay Component issues and concerns raised by the City in its comments on the Project and its environmental impact report. "No Marine Related Industrial Overlay Alternative" (CEQA Alternative 4) The "No Marine Related Industrial Overlay Alternative" (CEQA Alternative 4) differs from the proposed project only with regard to the proposed temporary Maritime Related Industrial Overlay. Under this alternative, no Overlay would be applied to the eastern half of Lot K or Parcel 028-007. The tank farm and street closures sites would still be graded and paved, the two structures on the former Weyerhaeuser site would still be demolished, and a new real estate agreement for vehicle storage would still be proposed. It would also include most of the short-term use permit sites. Under this alternative, the Uplands Properties would still be incorporated into the PMP as Commercial Recreation land uses. This alternative estimates that if these sites where no longer used for maritime uses (i.e. vehicle storage), throughput would be reduced by 40,379 vehicles per year for a total of approximately 170,439 vehicles per year or 81 % of the proposed project. Although Alternative 4 could reduce throughput to 81% of the proposed project, the alternative still allows the District's tenant to meet current and future market demand to that extent. Since the anticipated demand is a future condition that will not be immediately realized, the District would not be precluded from subsequent action to achieve the remaining 19% in the future while throughput has not reached 100% of the anticipated market demand. There would be adequate time to take future actions to provide for the additional throughput capacity through other measures, e.g. site acquisition, re -lease of other sites that become available, operational improvements, parking structures, etc. 540 of 616 MOU — Compromise to CEQA Alternative 4 Under the terms of the MOU, District staff will seek Board authorization to submit the Street Closures component of the PMPA to the California Coastal Commission for certification. District staff will also recommend that the Board direct staff to return in 12-18 months with an update on discussions with the City and land uses for properties that would be subject to the Overlay and Upland Properties Components, including an update on the Balanced Land Use Plan and the EIR for the Balanced Land Use Plan, which if approved, would supersede the Overlay Component. The MOU provides that if a change of circumstances occurs such that Pasha may not legally operate on the parcels that would be subject to the Overlay Component or portions thereof, the Board may authorize the submittal of the Overlay Component to the California Coastal Commission for certification. The MOU memorializes the City and District agreement that the intent of the District approval would be to allow for the immediate submittal of the Street Closure Component of the PMPA to the California Coastal Commission for certification, while concurrently allowing the parties to continue discussions on the land uses for the area subject to the Overlay Component, including the processing of the Balanced Land Use Plan and EIR for the Balanced Land Use Plan. Furthermore, if the Balanced Land Use Plan is adopted by the parties and certified by the California Coastal Commission, it would supersede the Overlay Component. 541 of 616 tIn alk11, ,21- i Berth 24-2 Berth 24-3 Berth 24-4 Naval Base San Diego Berth 027;04 24-1 National Ci Marine Terminal Berth 24-5 San Dtego Bay A 0 200 400 800 feet Source: ESRI StreetMap North America (2014); Bing Aerial (2014) 025-010-A Berth 24-10 i3t•rth 24 11 ] Distribution :enter 025-110-D 028-007 Pepp. r Park Legend I 5 Parcels Former Tank Farm Street Closures Short-term Use Permit Sites Former Weyerhaeuser Site Uplands Properties Sweetwater Marsh National Wildlife Refuge Pier 321Marina 11111•1101..— ICF INTERNATIONAL Figure ES-1 Project Sites NCMT T--'- '"------ "aving and Street Closures Project & PMPA 542 of 616 \ I / `CALIFORNIA --:. NATIONAL CITY ��� ?airbx�osa��?• June 13, 2016 Anna Buzaitis Senior Planner Environmental and Land Use Management Port of San Diego 3165 Pacific Highway San Diego, CA 92112-0488 RE: Draft EIR - NCMT Tank Farm Paving and Street Closures Project & Port Master Plan Amendment Dear Anna, The City's comments on the Draft EIR are attached. The City is supportive of the proposed tank farm paving and street closures for the expansion of Pasha's vehicle storage operations to meet existing and anticipated future market demands. However, the City recommends that the other elements of the project be addressed as part of the Balanced Land Use Plan for the reasons enumerated in our comments. The City urges the Port to consider the adoption of one of the project alternatives without the proposed Marine Related Industrial Overlay, which would be more appropriately addressed in the Balanced Plan. Existing vehicle storage operations may continue on the subject lots within the City's jurisdiction with a use permit, which has been approved by the City in the past. The City is amenable to vehicle storage operations on these lots while working jointly with the Port on the Balanced Plan. The City is also supportive of the proposed street closures, which require a City public review process for street vacations consistent with the California Streets and Highways Code. Since the Port and City are moving forward with the Balanced Plan, any proposed land use changes should be considered in conjunction with the development of that plan since it is a comprehensive plan for the Marina District and Tidelands. The cumulative impacts analysis should include any potential impacts relevant to the Balanced Plan in the area of Land Use or Planning and should be reflected in the DEIR. Sincerely, Executive Director Attachments: Draft EIR Comments 1243 National City Boulevard, National City, California 91950 (619) 336.4240 www. 543 of 616 .gov NCMT TANK FARM PAVING & STREET CLOSURES PROJECT & PMPA City of National City Comments on Draft EIR June 13, 2016 Land Use & Planning Comments: Raymond Pe Principal Planner 1. The inclusion of renewing short-term use permits (especially those regarding Port Parcel 025-010-D/Lot K) as part of the Tank Farm project is piece-mealing and inappropriate segmentation of the Balanced Land Use Plan. The short-term use of these parcels is not functionally related to or part of the Tank Farm Project, but is rather part of the land uses to be addressed in the overall Balanced Plan. Any type of land use change for Port Parcel 025- 010-D/Lot K, Port Parcel 027-047, and Port Parcel 028-007 is properly part of the overall Balanced Plan. 2. The Port should include and address Port Parcel 025-010-D/Lot K and Port Parcel 027-047 as part of the Balanced Plan project, as the Balanced Plan will look at the consistency with and include amendments to the City's Harbor District Specific Area Plan (including the B-1 and B- 2 parcels) and other land use plans. The City believes including the B-1 and B-2 sites as part of the Tank Farm project circumvents the CEQA process. The proposed overlay regarding the B-2 site is inconsistent with the City's Harbor District Specific Area Plan (HDSAP), General Plan, Land Use Map, Zoning Map, and the recent Balanced Plan as approved by the District Board of Commissioners. The proposed overlay regarding Port Parcel 028-007 is inconsistent with the recent Balanced Plan as approved by the District Board of Commissioners 3. The proposed inclusion of the B-1 and B-2 parcels into the PMP does not transfer land use jurisdiction over the properties to the Port in the absence of amendments to and concurrence by the City's land use plans (HDSAP, General Plan, Land Use Map, and Zoning Map). The Tank Farm project does not include any such amendments. While the City recognizes that the Port and City disagree over which entity has land use authority over the B-1 and B-2 parcels, the Balanced Plan does provide the opportunity for City land use plan amendments to be considered as part of a joint planning effort between the Port and the City. 4. The proposed implementation of the marine related industrial overlay would be inconsistent with the Board of Commissioners' recent action on the Balanced Plan, which includes land use changes and planning for Port Parcels 025-010-D, 027-047, and 028-007. To include these sites into the Tank Farm Project will piece -meal the Balanced Plan and create immediate inconsistencies with that plan and City land use plans. The City requests the Port to examine these parcels as part of the Balanced Plan and remove them from the 1 544 of 616 Tank Farm Project. To the extent various Alternatives include removing the overlay zone as part of the Tank Farm project, the City urges the Port to consider those alternatives; and, instead address the overlay in the Balanced Plan. The throughput will not be decreased because the throughput can occur with a permit from the City for the auto storage upon the B-2 lot, which the City has approved in the past. 5. Since the Port and City are moving forward with the Balanced Plan, any proposed land use changes should be considered in conjunction with the development of that plan since it is a comprehensive plan for the Marina District and Tidelands. The cumulative impacts analysis does not appear to examine or include any potential impacts from the Balanced Plan in the area of Land Use or Planning. The Balanced Plan is a joint planning effort with the Port as the lead agency. Conceptual approval by the Port has occurred, which should be reflected in the DEIR (e.g. DEIR p. 5-7), and the Balanced Plan should be considered in the cumulative impacts analysis of Land Use and Planning impacts. 6. The project describes Quay Avenue, 28th Street, and 32nd Street as non -dedicated District streets or roads. However, the Tideland Conveyance to the District in 1963 includes segments of Quay Avenue and 28th Street as public rights -of -way, shown on the attached conveyance map exhibit and sewer easement plan sheet, which are controlled and maintained by the City and have not been closed. Street vacations must go through a City public review process consistent with California Streets and Highways Code Sections 8320- 8325. 7. The baseline condition for project impact analysis for Lot K should be the last date (June 30, 2002) that the land use was legally permitted pursuant to the applicable coastal development permit and conditional use permit (CDP-1999-2/CUP-1999-3). Public Works/Engineering Comments: Stephen Manganiello Director of Public Works / City Engineer 8. Roadway segment traffic analysis for all scenarios should include Marina Way and W. 32nd Street, particularly when analyzing cumulative traffic impacts due to closure of Tidelands Avenue south of Bay Marina Drive. 9. Cumulative traffic analysis scenarios do not appear to accurately reflect operations at the intersections of Bay Marina Drive and 1-5 ramps. For example, all near term and long term scenarios show improvements to level of service (LOS) and delay at these two intersections when compared to existing conditions, while the study does not report any changes to intersection geometry or capacity. If improvements to LOS and delay are achieved simply 545 of 616 by optimizing signal timing at these two intersections, the study should clearly state as such. We request copies of the traffic signal analysis data sheets from Synchro or other software used to analyze the study intersections for all scenarios to verify analysis results. 10. Redistribution of traffic due to closure of Tidelands Avenue south of Bay Marina Drive is not clearly presented in the traffic analysis. For example, the analysis does not indicate where the 2,800 cumulative traffic volumes along Tidelands Avenue under Tong -term conditions will re-route after roadway closure. 11. The project may have a cumulatively significant impact on emergency vehicle access under the Tidelands Avenue closure scenarios, as the project does not propose to contribute a fair share towards realignment and reconstruction of Marina Way to accommodate emergency vehicles. Under existing conditions, emergency vehicles access this area of the National City Marine Terminal, Pepper Park, and Pier 32 Marina through Tidelands Avenue, as Marina Way between Bay Marina Drive and W. 32nd Street is not designed to accommodate emergency vehicles due to a series of speed humps and a narrowing of the roadway width at various locations. 12. The project may have a cumulatively significant impact on bicycle access under the Tidelands Avenue closure scenarios, as the project does not propose to contribute a fair share towards the realignment and reconstruction of the Bayshore Bikeway, which will be displaced due to the roadway closure. 13. The project may have a cumulatively significant impact on public parking under the Tidelands Avenue closure scenarios, as the project does not propose to contribute a fair share towards relocation of public parking, which will be displaced due to the roadway closure. Fire Department Comments: Robert Hernandez Battalion Chief/ Fire Marshal / Fire Investigator 14. Proposed closure of Tidelands Avenue. The road description is a 60 foot wide roadway consisting of an asphalt surface. Parking is allowed on both sides of the streets per code. In addition, concrete curbs run the length of roadway found on both east and west sides of the street. The roadway beginning from Bay Marina Boulevard traveling south, and terminating at the foot of Pepper Park, is approximately 2,542.45 feet in length. An additional roadway is found at Bay Marina Boulevard and Bay Marina Way. An asphalt surface with no parking and parking on certain sections of the street are allowed per code. Bay Marina Way has a concrete sidewalk located on the east side of the street. Bay Marina 546 of 616 Way is a 10 to 50 foot wide roadway which varies along its path of travel. The roadway beginning from Bay Marina Boulevard traveling south on Bay Marina Way, to the foot of Pier 32 is approximately 2,542.45 feet in length. Bay Marina Way contains speed humps/bumps. 15. Description of Concern. Historically, having only one road which is used for the entrance and exit of emergency traffic is hazardous and a major life safety concern in a heavily used commercial/mixed use zone. The need for adequate access to the Aquatic Center, Pier 32 Marina, Pier 32 Second Floor Apartment, Pepper Park, and Boat Ramp require additional roadways. Marina Way access provides limited/slow accessibility due to topography and width of road. Additionally, speed control devices will further hamper the required National Fire Protection Agency (NFPA) recommended response time of 6 minutes or less within this zone. 16. Code Analysis. Obstructing a means of egress or limiting the means of egress to a single route has historically been shown to be detrimental to life safety and is therefore prohibited by California Fire Code (CFC) Section 503.1.1. Further, the fire code official is authorized to require more than one fire apparatus roadway based on the potential for impairment of a single road by vehicle congestion, condition or terrain, climatic conditions, or other factors that could limit access California Fire Code (CFC) Section 503.1.1. 17. Hazard Analysis. According to the NFPA "Fires in the U.S." in 2013 (the most recent survey of fire related losses), there were 1,240,000 fires reported in the United States. These fires caused 3,240 civilian deaths, 15,925 civilian injuries, and $11.5 billion in property damage. a) 487,500 were structure fires, causing 2,855 civilian deaths, 14,075 civilian injuries, and $9.5 billion in property damage b) 188,000 were vehicle fires, causing 320 civilian fire deaths, 1050 civilian fire injuries, and $1.3 billion in property damage c) 564,500 were outside and other fires, causing 65 civilian fire deaths, 800 civilian fire injuries, and $607 million in property damage 18. Further, in 2013 in the United States, a fire department responded to a fire every 25 seconds. One structure fire was reported every 65 seconds. a) One home structure fire was reported every 85 seconds b) One civilian fire injury was reported every 33 minutes c) One civilian fire death occurred every 2 hours and 42 minutes 4 547 of 616 d) One outside fire was reported every 56 seconds e) One vehicle fire was reported every 167 seconds 19. Based on this analysis, I judge that the risk of a fire event which may result in loss of life or property is high. In addition, the opportunity for an emergency of underground infrastructure resulting in the closure or limited access of the only roadway to these areas in an emergency would be catastrophic. 20. California Fire Code Requirements (CFC): a) Fire apparatus access roads shall be provided and maintained in accordance with sections 503.1.1 b) Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. Fire apparatus access roads shall comply with the requirements of this section and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility c) The fire code official is authorized to require more than one fire apparatus based on the potential for impairment of a single road by vehicle congestion, condition or terrain, climatic conditions or other factors that could limit access d) Fire department vehicle access to buildings used for high -piled storage shall comply with the applicable provisions of Chapter 32 (High -Pile Combustible Storage) e) Fire Apparatus access roads shall be installed and arranged in accordance with CFC sections 503.2.1— 503.2.8 f) Fire department access roads shall have an unobstructed width of not Tess than 20 feet, exclusive of shoulders, except for approved security gates in accordance with section 503.6 (Key Boxes) and the unobstructed vertical clearance of not less than 13 feet 6 inches g) The fire code official shall have the authority to require an increase in the minimum access widths where they are inadequate for fire or rescue operations h) Fire apparatus roads shall be designed and maintained to support the imposed loads (75,000 lbs.) of an apparatus and shall be surfaced so as to provide all -weathered driving capabilities i) The grade of the fire apparatus access road shall be within the limits established by the fire code official based on the fire department's apparatus (15% Grade) j) The angles of approach and departure for fire apparatus access roads shall be within the limits established by the fire code official based on the fire department's apparatus k) Where required by the fire code, official approved signs or other approved notices or markings that include the words NO PARKING — FIRE LANE shall be provided for 548 of 616 fire apparatus access roads to identify such roads or prohibit the obstruction thereof. The means by which fire lanes are designed shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility I) Fire apparatus access roads shall not be obstructed IN ANY MANNER including the parking of vehicles. The minimum widths and clearances established in section 503.2.1 (Dimensions) shall be maintained at all times m) Fire hydrants to be located throughout the project as not to have a separation distance greater than 400 feet. Fire hydrants to be located within 400 feet of all locations which are roadway accessible. (Measurement starts from nearest existing fire hydrant to project) n) The required width of emergency fire apparatus access roads shall not be obstructed in any manner, including parking of vehicles. All access roads shall be no less than 20 feet wide, no less than 14 feet high and shall have an all weathered road with the ability to support 75 thousand pounds or greater. Where a fire hydrant is located on a fire apparatus road, the minimum road width shall be 26 feet. All turns available for fire access and travel shall maintain a minimum of a 28 foot radius o) Buildings or portions of buildings or facilities exceeding 30 feet in height above the lowest level of fire department vehicle access shall be provided with approved fire apparatus access roads capable of accommodating fire department aerial apparatus. Overhead utility and power lines shall not be located within the aerial fire apparatus access roadway where a fire hydrant is located on a fire apparatus road, the minimum road width shall be 26 feet. All turns available for fire access and travel, shall maintain a minimum of a 28 foot radius p) Fire access roads in excess of 150 feet to furthest end of property from a public street shall be provided with width and turnaround provisions q) Marina Way access provides limited/slow accessibility due to topography and width of road. Additionally, speed control devices will further hamper required National Fire Protection Agency suggested response times of 6 minutes or less to a commercial/industrial zone. 21. California Code of Regulations Title 19 Division 1— 3.05 (A) (CCR): Required access roads from every building to a public street shall be all —weathered hard —surfaced (suitable for use by fire department apparatus) right-of-way not less than 20 feet in width. Such right-of-way shall be unobstructed and maintained only as access to the public street. -- End of Comments -- 6 549 of 616 MEMORANDUM OF UNDERSTANDING BETWEEN SAN DIEGO UNIFIED PORT DISTRICT AND THE CITY OF NATIONAL CITY REGARDING A MARINE RELATED INDUSTRIAL OVERLAY ON DISTRICT PARCEL 028-007 AND THE EASTERN PORTION OF DISTRICT PARCEL 025-010-D (LOT K) THIS MEMORANDUM OF UNDERSTANDING is made and entered into this th day of , 2016, by and between the San Diego Unified Port District, a public corporation ("District") and the City of National City, a municipal corporation ("City"). The District and City are collectively, referred to herein as "parties". WHEREAS, Pasha Automotive Services ("Pasha") currently operates the National City Marine Terminal ("NCMT") under a Terminal Operating Agreement ("TOA") with the District and as part of that operation, also operates on numerous District -owned parcels under short-term agreements with the District, including District Parcel 028-007 and the eastern portion of District Parcel 025-010-D (Lot K); and WHEREAS, Pasha has proposed a project ("Project"), as more particularly shown on Exhibit "A" Project Sites, that includes, among other components: (a) grading, paving and operating on a former tank farm site that is subject to the TOA; (b) closing and re -paving approximately five acres of portions of Quay Avenue, 28th Street, and 32nd Street, as well as changing the land use designation for these portions of the streets in the certified Port Master Plan from Street to Marine Related Industrial ("Street Closure Component"); (c) renewing existing and entering into new short-term use permits or agreements with the District on sites that are adjacent or near NCMT, including on District Parcel 028- 007 and the eastern portion of District Parcel 025-010-D (Lot K); and WHEREAS, as part of the Project, the eastern portion of District Parcel 025-010- D (Lot K) and District Parcel 027-047 are proposed to be incorporated into the certified Port Master Plan (the eastern portion of 025-010-D and District Parcel 027-047 are collectively referred to as "Uplands Properties" and inclusion of those properties into the certified Port Master Plan is referred to as the "Uplands Properties Component"); and WHEREAS, the Project also proposes to designate the Uplands Properties as Commercial Recreation in the certified Port Master Plan and an overlay is proposed to be placed on District Parcel 028-007 and the eastern portion of District Parcel 025-010-D (Lot K), which would temporarily designate the properties as Marine Related Industrial until the earlier of seven years or the Board of Port Commissioners ("BPC") approves a development through the issuance of a Coastal Development Permit consistent with the Commercial Recreation use designation ("Overlay Component"); and Page 1 of 5 550 of 616 WHEREAS, in summary, the Project proposes a Port Master Plan Amendment ("PMPA") for the Street Closure Component, the Uplands Properties Component and the Overlay Component; and WHEREAS, the City and District have been working collaboratively and closely on a land use plan that encompasses several properties within both the District and City, including, but not limited to, the entirety of District Parcels 025-010-D (Lot K), 028-007 and 027-047 and said land use plan is intended to promote, in harmony, commercial, recreational and maritime uses ("Balanced Land Use Plan"); and WHEREAS, on April 5, 2016, the City Council of the City was provided an update on the Balanced Land Use Plan and directed staff, in relevant part, to collaborate with the District on an environmental impact report that studies all related plans, projects, and public improvements comprehensively in both the City's and District's jurisdictions as part of the Balanced Land Use Plan; and, emphasized the collective importance of addressing all issues comprehensively in the Balanced Land Use Plan specifically referencing what are referred to herein as the Overlay Component and Upland Properties Component; and WHEREAS, on April 14, 2016, the BPC directed staff to further study the Balanced Land Use Plan and to initiate an Environmental Impact Report ("EIR") under the California Environmental Quality Act ("CEQA") for Balanced Land Use Plan; and WHEREAS, through the parties' collaboration on the Balanced Land Use Plan, certain additions and refinements have been made to the Balanced Land Use Plan and the District intends to return to the BPC in the fall of 2016 to obtain direction on preliminary project review for those added and refined elements; and WHEREAS, pursuant to CEQA statutes and guidelines, the Project was analyzed in the EIR entitled "National City Marine Terminal Tank Farm Paving and Street Closures Project & Port Master Plan Amendment" (UPD #EIR-2014-188, SCH# 2014121046) and on September 8, 2016, the BPC adopted the Final EIR, Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program (collectively, "District EIR Certification"); and WHEREAS, pursuant to the California Coastal Act, the BPC approved the PMPA, but only authorized District staff to submit the Street Closure Component portion of the PMPA to the California Coastal Commission for its consideration and certification and directed District staff to return to the BPC in 12-18 months with an update on discussions with the City and land uses for properties that would be subject to the Overlay Component and Upland Properties Component, including an update on the Balanced Land Use Plan and the EIR for the Balanced Land Use Plan, which if approved, would supersede the Overlay Page 2 of 5 551 of 616 Component; provided, however, if a change of circumstances occurs making it so that Pasha may not legally operate on the parcels that would be subject to the Overlay Component or portions thereof, the BPC may immediately or soon thereafter authorize the submittal of the Overlay Component to the California Coastal Commission for its consideration and certification ("District PMPA Approval"; the District EIR Certification and the District PMPA Approval are herein referred to as "District Approvals"); and WHEREAS, as part of the District PMPA Approval, the BPC also recognized that when the item returns to the BPC, the BPC may have several options including, but not limited to, authorizing submittal of the Uplands Properties Component and Overlay Component with the California Coastal Commission for its consideration and certification, or direct District Staff to return to the BPC at a later date with a further update, or rescind the BPC's approval of the Uplands Properties Component and Overlay Component; and WHEREAS, the parties disagree on certain legal matters, including, without limitation, land use jurisdiction over the eastern portion of District Parcel 025-010- D and District Parcel 027-047, as well as whether the Project and the Balanced Land Use Plan are separate projects with independent utility; and WHEREAS, based upon and in recognition of the parties continued efforts and collaboration on the Balanced Land Use Plan, which the parties believe will address the Overlay Component issues, the City supports the District Approvals ("City Support"). NOW THEREFORE FOR VALUABLE CONSIDERATION, the parties agree to the following: 1. The parties desire to continue to work collaboratively on land use issues in the National City bayfront and surrounding area. Accordingly, despite differences in the parties' legal positions, which are not waived by this MOU, the City and District agree that the intent of the District Approvals was to allow for the immediate submittal of the Street Closure Component of the PMPA to the California Coastal Commission for its consideration and certification, while concurrently allowing the parties to continue discussions on the land uses for the area subject to the Overlay Component, including the processing of the Balanced Land Use Plan and EIR for the Balanced Land Use Plan. It is also the parties' understanding that, as currently proposed, if the Balanced Land Use Plan was adopted by the parties and certified by the California Coastal Commission, it would supersede the Overlay Component. The parties agree that in exchange for the District Approvals, the City supports the District Approvals through the City Support action. 2. This MOU shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Page 3 of 5 552 of 616 MOU, the action shall be brought in a state or federal court situated in the County of San Diego, State of California. 3. For purposes of this MOU, the relationship of the parties is that of independent entities and not as agents of each other or as joint ventures or partners. The parties shall maintain sole and exclusive control over their personnel, agents, consultants, and operations. 4. No alteration or variation of the terms of this MOU shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 5. This MOU in no way constitutes an approval of or a binding commitment to approve the Balanced Land Use Plan under CEQA and parties, respectively, reserve in their sole and absolute discretion to adopt all feasible mitigation measures, alternatives, including the no project alternative and a statement of overriding considerations, if applicable. 6. Nothing in the provisions of this MOU is intended to create duties or obligations to or rights in third parties to this MOU or affect the legal liability of the parties to this MOU to third parties. [SIGNATURES ON THE IMMEDIATE NEXT PAGE] Page 4 of 5 553 of 616 IN WITNESS WHEREOF, parties hereto have executed this Memorandum of Understanding as of the day and the year first above written. APPROVED AS TO FORM: SAN DIEGO UNIFIED PORT DISTRICT By By Assistant General Counsel/ Deputy General Counsel Randa Coniglio President/Chief Executive Officer APPROVED AS TO FORM: CITY OF NATIONAL CITY: By By Claudia G. Silva City Attorney Ron Morrison Mayor Page 5 of 5 554 of 616 San Dieoo\00172 141maodoc\IS M1 NI)\PioO2 3 Prni SitPc n art 3 94 9MR 4,99R IPASan pif. noAnroie Project Sites Berth 24 2 Berth 24-3 Berth 24-4 Berth, 24-5 A 0 200 400 800 feet Source: ESRI StreetMap North America (2014); Bing Aerial (2014) Naval Base,- San Deg 24-1 025-010-A 0?5010-P ■ C':5Ulu... Berth 24-10 Legend I I Parcels Former Tank Farm Street Closures Short-term Use Permit Sites Former Weyerhaeuser Site Uplands Properties %// Proposed Marine Related Industrial Overlay Nati • nal ution ' 27-042 - - nter Pieer32Marina 555 of 616 RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY IN SUPPORT OF THE COMPROMISE TO CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PROJECT ALTERNATIVE 4 FOR THE SAN DIEGO PORT DISTRICT'S MASTER PLAN AMENDMENT AND NATIONAL CITY MARINE TERMINAL TANK FARM PAVING AND STREET CLOSURES PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING REGARDING THE PARTIES' INTENT IN SUPPORTING THE COMPROMISE WHEREAS, the Port has prepared a draft Port Master Plan Amendment (PMPA) as part of the National City Marine Terminal (NCMT) Tank Farm Paving and Street Closures Project (the "Project); and WHEREAS, on September 8, 2016, the Board of Port Commissioners will consider the Project and PMPA for adoption with or without modification following a public hearing; and WHEREAS, the Board will also consider certification of the Environmental Impact Report (EIR) that was prepared for the Project and PMPA; and WHEREAS, Port staff has recommended that the Board certify the EIR and approve the proposed project and PMPA; and WHEREAS, Port and City staff have been working on a compromise, which would provide the Port the ability to submit the PMPA for the street closures to the Coastal Commission, but would not allow for submission of the PMPA for the Overlay or Uplands Properties Components; and WHEREAS, Port and City staff have been working on a compromise, which would provide the Port the ability to submit the PMPA for the street closures to the Coastal Commission, but would not allow for submission of the PMPA for the Overlay or Uplands Properties Components. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City supports the compromise to California Environmental Quality Act (CEQA) Project Alternative 4 for the San Diego Port District's Master Plan Amendment and National City Marine Terminal Tank Farm Paving and Street Closures Project. BE IT FURTHER RESOLVED that the City Council hereby authorizes the Mayor to execute a Memorandum of Understanding regarding the parties' intent in supporting the compromise. [Signature Page to Follow] 556 of 616 Resolution No. 2016 — Page Two PASSED and ADOPTED this 6th day of September, 2016. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney 557 of 616 Ron Morrison, Mayor