Agenda packet, second session — National City City Council, March 1, 2022 (part 2 of 2)

StaffRecommendation
Staff is recommending approval of the Conditional Use Permit (CUP) modiﬁcation request.The proposalwillincreasethe effectivenessofthefacilityand willadd screeningto make the facilitylessobtrusive,consistentwithcurrentscreening requirements.

ExecutiveSummam
T-Mobilehas appliedfora ConditionalUse Permit (CUP) to modify an existingapproved wirelesstelecommunicationsfacilityand installassociatedequipment.Modiﬁcationsinclude upgraded antennas, a new antenna sector,and screeningof allexistingand proposed antennas.

SiteCharacteristics
The 'projectsiteis a single-storyindustrialbuildingin the CL zone, which is located at the peripheryof the Westside Speciﬁc Plan area adjacenttothe northbound on—ramp to Interstate5 from Civic Center Drive. The buildinghas two existingsectors of pole- mounted wireless antennas on the southwest corner of the roof.The antennas point approximatelywest and south.The equipment forthe facilityislocatedon the west side of the building.The existingCUP was approved in 1995. No equipment screening proposed or required at thattime.

Progosal
The applicant is proposing to upgrade the existingantennas in the west and south sectorsof the facilityand installa new thirds4ectoron the northwestcorner of the roof.

The new sector willpoint directlynorth towards interstate5. Upgraded screening is proposed to shield the antennas from sight,as required by the Land Use Code.

Screening isprovidedforboth the existingand proposed antennas. While the existing antenna upgrades do not requirediscretionaryapproval, expansion of the facility(new sector)requiresmodificationof the CUP. The new sectorisdesigned to address an area ofweak serviceintheT—Mobilenetwork.

Analysis
The proposal is consistent with General Plan policy E—3.3 (Education and Public Participation)that aims to increaseaccess to wirelessinternetconnections,computers, and otherforms of communication technology.The proposal isalso consistentwith the Land Use Code, because wireless communications facilitiesare a conditionally—allowed use in the CL zone and because the proposed screening brings the facilityinto conformance with currentcodes.
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The Land Use Code requiresthattelecommunicationfacilitiesbe sensitivelydesigned to be compatiblewith,and minimize visualimpacts to,surroundingareas. italso requiresthat telecommunicationfacilitiesand appurtenances be screened by existingor proposed landscaping,to the extentpossible,withoutcompromising receptionand/ortransmission.

The Land Use Code also requirestelecommunicationfacilitiesto be locatedat least75 feet from any habitablestructureon a separate property. The proposed facilitymeets this requirement,as the closesthabitablebuildingislocatedapproximately100 feetaway tothe southeast.

The proposed projecthas been reviewed incompliance withthe CaliforniaEnvironmental QualityAct (CEQA). Staffhas determined thatthe proposed use iscategoricallyexempt from environmental review pursuant to Class 3 Section 15303 (New Construction or Conversion of Small Structures),for which a Notice of the Exemption willbe ﬁled subsequent to approval of thisCUP. Class 3 consistsof constructionand locationof limitednumbers of new, small facilitiesor structures;installationof small new equipment and facilitiesin small structures;and, the conversion of existingsmall structuresfrom one use to another where only minor modiﬁcationsare made inthe exteriorof the structure.

The proposed use would be consistentwiththisdescriptionas a new, small facility.

ConditionsofAggraval
No department comments were receivedforthe proposal.However, conditionsrequiring buildingand ﬁre code compliance are attached,as well as standard Conditions of Approval..

Required ﬁndings .-
The MunicipalCode containsrequiredﬁndings forCUPs. There are sixrequiredﬁndings:

1. The proposed use isallowablewithinthe applicablezoning districtpursuant to a CUP and complieswithallotherapplicableprovisionsofthe Land Use Code.

The use is allowablewithinthe CL zone pursuant to a CUP, and the proposed facility meets the requiredtelecommunication facilitydesign guidelinesthatincludeprovidingthe minimum distancerequirementsfrom habitablespace and screening the facility. 276 of 379
Planning Commission
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2. The proposed use isconsistentwith the General Plan and any applicablespeciﬁc plan.

General Plan PolicyE—3.3encourages access towirelessinternetconnections,computers, and other forms of communication technology:the proposed facilitymodiﬁcations provide added internet/cellulardata as well as standard cellphone servicecapability.In addition, the proposed facilityisa conditionalIy—permitteduse inthe CL zone.

3. The design, location,size.and operatingcharacteristicsof the proposed activity would be compatiblewiththeexistingand futurelanduses inthe vicinity.

The facilityisexistingand isbeing modiﬁed to match the same locationaland architectural components of the currentfacilitydesign. The added screening willbringthe facilityinto compliance withcurrentcodes.

4. The site is physicallysuitablefor the type, density,and intensityof use being proposed, includingaccess, utilities,and the absence of physicalconstraints.

The siteis suitablefor the proposed telecommunication facilitybecause the facilityis existingand the modiﬁcationsmeet alldevelopment standards and distancerequirements.

5. Grantingthe permitwould not constitutea nuisance or be injuriousor detrimentalto the publicinterest,health,safety,convenience, or welfare,or materiallyinjuriousto persons, property,or improvements inthe vicinityand zone inwhich the propertyis located.

The proposed facilityisexistingand the modiﬁed versionwillnotbe highlyvisibledue tothe added screeningwallsaround the antennas.

6. That the proposed projecthas been reviewed in compliance with the California Environmental QualityAct.

The proposed projecthas been reviewed in compliance with the CEQA. Staffhas determined the proposed use to be categoricallyexempt from environmental review pursuantto Class 3 Section15303 (New Constructionor Conversion of Small Structures), forwhich a Noticeof Exemption willbe ﬁledsubsequent toapprovalofthisCUP. 277 of 379
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The 1996 Telecommunications Act states that, “no State or local government or instrumentalitythereof may regulate the placement, construction,and modiﬁcation of personal wirelessservicefacilitieson the basis of the environmentaleffectsof radio frequency emissions to the extent that such facilitiescomply with the Commission's regulationsconcerning such emissions.”Itshould also be pointedout thatifapproved by a localjurisdiction,allwirelesscommunications facilitiesmust obtain allrequiredstate and federalpermits in order to operate.A Condition of Approval is included requiringthese permits.

Summary
The proposed projectisconsistentwiththe General Plan and Land Use Code in thatit meets allapplicabledesign requirementsforwirelesscommunication facilities.The project is considered ‘stealth’in that itwould screen the antennas from adjacent uses. The modiﬁcations to the facilitywillimprove coverage in an area with limitedservice and provideadditionalreceptionforT-Mobilecustomers.

OQtions

1. Approve 2021-09 CUP subjectto the attached conditions,and based on attached ﬁndings or otherﬁndings as determined by the Planning Commission; or

2. Deny Approve 2021-09 CUP based on ﬁndings as determined by the Planning Commission; or,

3. Continue the item foradditionalinformation
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Planning Commission
Meeting of February 7,2022

Page 5 ends

Attachments

1. Recommended Findings

2. Recommended Conditions

3. Overhead

4. ExistingWireless FacilitiesMap & List

5. PublicHearing Notice(Sentto36 propertyowners and occupants)

6. Noticeof Exemption

7. Photo simulations

8. Applicant'sPlans (ExhibitA,Case FileNo. 2021-09 CUP, dated 1/25/2022)

9. Resolution
WW

MARTIN REEDER, AICP ARMANDO VERGARA
PrincipalPlanner Directorof Community Development
279 of 379

RECOMMENDED FINDINGS FOR APPROVAL
2021—09 CUP — 1215 Wilson Avenue
That the proposed use isallowablewithinthe applicablezoning districtpursuant to a CUP and complies with allother applicableprovisionsof the Land Use Code, because the use isallowablewithinthe CL zone pursuantto a CUP and the proposed facilitymeets the requiredtelecommunication facilitydesign guidelinesthatinclude providingthe minimum distancerequirementsfrom habitablespace and screening the facility.

That theproposed use isconsistentwiththeGeneral Planand any applicablespeciﬁc plan,because General Plan PolicyE-3.3 encourages access to wirelessinternet connections, computers, and other forms of communication technology: the proposed facilitymodiﬁcations provide added internet/cellulardata as well as standard cellphone service capability.In addition,the proposed facilityis a conditionaIIy—permitteduse inthe CL zone.

That the design,location,size,and.operatingcharacteristicsofthe proposed activity would be compatible with the existingand futureland uses inthe vicinity.because the facilityis existingand is being modiﬁed to match the same locationaland architecturalcomponents of the currentfacilitydesign, plus add screening to bring thefacilityintocompliancewithcurrentcodes.

That the siteisphysicallysuitableforthe type,density,and intensityof use being proposed, includingaccess, utilities,and the absence of physicalconstraints, because thefacilityisexistingand the modiﬁcations meet alldevelopment standards and distancerequirementsof the Land Use Code.

That grantingthepermitwould notconstitutea nuisanceorbe injuriousordetrimental to the publicinterest,health,safety,convenience,orwelfare,or materiallyinjurious to persons, property,or improvements inthe vicinityand zone inwhich the property islocated,because the proposed facilityisexistingand the modiﬁed versionwillnot be highlyvisibledue tothe added screeningwallsaround the antennas.

That the proposed projecthas been reviewed in compliance with the California EnvironmentalQualityAct and has been determined tobe categoricallyexempt from environmentalreview pursuant to Class 3 Section 15303 (New Constructionor Conversion of Small Structures),for which a Notice of Exemption willbe filed subsequent to approval ofthisCUP.
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RECOMMENDED CONDITIONS OF APPROVAL
2021-09 CUP — 1215 Wilson Avenue
General

1. This Conditional Use Permit authorizes the modiﬁcation of an existingwireless communications facilityat 1215 Vlﬁlson.Except as requiredby conditionsof approval,all planssubmittedforpermitsassociatedwiththeprojectshallconformwithExhibitA, Case FileNo. 2021-09 CUP, dated 1/25/2022. Any additionalantennas or facilitiesmust be insubstantialconformance withthe designforinstallationshown on these plans.

2. BeforethisConditionalUse Permitshallbecome effective,theapplicantand theproperty owner bothshallsignand have notarizedan Acceptance Form, providedby thePlanning Division,acknowledging and acceptingallconditionsimposed upon the approval of this permit.Failuretoreturnthesignedand notarizedAcceptance Form within30 days ofits receiptshallautomaticallyterminatethe ConditionalUse Permit.The applicantshallalso submit evidence to the satisfactionof the Planning Divisionthata Notice of Restriction on Real Property is recorded with the County Recorder. The applicantshallpay necessary recordingfees to the County. The Notice of Restrictionshallprovide informationthat conditionsimposed by approval of the ConditionalUse Permit are bindingon allpresent or futureinterestholders or estateholdersof the property. The Noticeof Restrictionshallbe approved as to form by the CityAttorneyand signed by the CityManager or assign priorto recordation.

3. VWhin four (4)days of approval,pursuant to Fish and Game Code 711.4 and the CaliforniaCode of Regulations,Title14, Section 753.5, the applicantshall pay all necessary environmental ﬁlingfees forthe San Diego County Clerk.Checks shallbe made payable to the County Clerk and submitted to the National City Planning Department.

4. This permitshallbecome nulland voidifnotexercisedwithinone year afteradoptionof the resolutionof approval unless extended accordingto procedures specifiedinSection

18.12.040ofthe MunicipalCode. '
Building

5. Plans submitted for demolition or constructionimprovements shallcomply with the currenteditionsof the CaliforniaBuilding,Electrical,Plumbing, Mechanical, and Fire Codes.
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EL:5»Plans submittedforimprovements must comply withthe currenteditionsofthe California FireCode (CFC), NationalFireProtectionAssociation(NFPA), and CaliforniaCode of Regulations (CCR).

7. Allrequiredsignage fortelecommunicationsfacilities,as speciﬁed by the CFC, ifnot alreadyon site,shallbe designed and installed.

8. The National City Fire Department shallbe involved with allfireinspectionsforthis site.Rough inspectionsare requiredforallphases of work.

Eiwn—ing

9. Allappropriateand requiredlocal,stateand/orfederalpermitsmust be obtainedand/or modiﬁed priorto operationof thewirelesscommunications facility.

10.Screening wallsshallbe texturedand paintedto match the architecturalstyleand color of the existingbuilding.The reverse side of the screening wallsand the antennas shall be painteda neutralcolorthatblendswiththe roofcolor.

11.Ai|ground-mountecl equipment shallbe painted to match the nearest buildingwall to where itislocated.Other equipment mLIstbe screened from view. Any apparatus visible tothe exteriorofthe facility,includingcablechases/trays,shallbe paintedto match the surface on which it is mounted. Addition equipment boxes, generators, and/or protectivedevices shallbe placed so thatthey are notwithinthe requiredparkingarea.

12.The permitteeshallnot objectto co—locatingadditionalfacilitiesof other communication companies and sharing the projectsite,provided such shared use does not resultin substantialtechnicalor quality-of—serviceimpairment forthe permitteduse. Inthe event a disputeariseswithregardto co-Iocatingwithotherexistingor potentialusers,the City may requirea thirdpartytechnicalstudy atthe expense ofeitheror both the applicant and the complaininguser. This conditioninno way obligatesthe Cityto approve any co—Iocationproposal ifitisdetermined by the Citynot to be desirablein'a specificcase.

13.The applicantor operatorshallbe responsibleforthe removal and disposalof any antennas, equipment or facilitiesthatare abandoned, decommissioned, or become obsoletewithinsix(6)months of discontinuance.
10 282 of 379

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11 283 of 379
12 FACILITY

APN

LOCATION

PROVIDER
FILE_NO_
1 562—340-44
2434
Southport
Urban
Comm
Rad
CUP-1992-11
Radio
communication
fa
”tv
(microwave
transmitter)—
80-foot
tail
tower
and
23-foot
in
diameter
dish
antenna
2 562
340
26 300
W
28th
AirTouch
CDC
Reso
94-28
75~foot
monopole
with
three
sector
antennas
and
450-sa
foot
eauipment
bui
ina.
562-340-263
300
W
28th
Nextel
CUP-2003-30
12 antennae
on
existing
communications
tower
and
a
270
square
foot
equipment
enclosure
adiacent
to
existing
equipment
559-032-02
1215
Wilson
Pac
Bell
CUP-1995-11
Located
on
roof
of
existina
building.

PCS
facilitv-
six
roof-mounted
antennas
and
two
ground-mounted
equipment
boxes.
557-410-03 1645 E Plaza Pac Bell CUP—1995—13
Located on roof of Qualitv Inn.PCSfacilitv—six panel antennas and equipment cabinet. 555-086-11 910 Hoover AirTouch CUP-1995-18
Located
on
existing
bu‘
ing.

Cellular
fa
tv-
three
support
structures
with
ﬁve
panel
antennas
each,
two
dish
antennas
and
equipment
cabinet

556-471-24
801
National
City
Blvd
AT&T
CUP-1996-2
Located
on
roof
of
Red
Lion
Hotel.

Paging
facilitv—
four
whip
antennas,
one
global
positioning
satellite
antenna
and
equipment
cabinet.
556-471-24
801
National
City
Blvd
Nextel
CUP-1994-8
Located
on
roof
of
Red
Lion
Hotel.

ESMR
facilitv—
three
whip
antennas
and
eauipment
cabinet.
556-471-24
801
National
City
Blvd
Pagenet
CUP-1
996-12
Located
on
roof
of
hotel.

Paging
facility—
four
antennas
and
eauipment
cabinet
one
floor
down
from
roof.
556-471-24
801
National
City
Blvd
AT&T
CUP-1999—5
Located
atop
Red
Lion
Hotei.

VWeIess
communication
facil
ty-
four
antennas
and
radio
base
svstem.

554-120-130
2400
E
4th
AT&T
CU
P—1996—4
Located on roof of Paradise Valley Hospital.Paaina facilitv—four whip antennas, one aloha! POsitioninasateiiiteantenna and equipment cabinet.
559-160-13 1022 W Bay Marin GTE CUP-1996-5

10 Located
on
a
360—sa
foot
building.

Cellular
facilitv-
60-foot
monopole
with
twelve
panel
antennas.
563-370-326
3007
Highland
Pac
Bell
CUP-1996-6
Located on existing Super Saver bui ina. PCSfac tv-six panel antennas and two equipment cabinets. 12 554—050—12
303
Palm
AirTouch
CUP—1996-8
60-foot
hiah
monopole
with
six
whip
antennas,
thirty
directional
cellular
antennas,
and
three
dishes
with
an
eauiDmentcabinet
at
base.
554-050-12
303
Palm
Sprint
PCS
CUP—2001—10
Located on National Guard Armory property.PCSfac ty sixantennas inthree 40-foot ﬂag poles, one GPS antenna and a new equipment building.

284 of 379
13 14
564-471-01
3030
Plaza
Bonita
Rd
Nextel
CUP-1997-8
Located
atop
Plaza
Bonita
sign.

ESMRfac
-nine
antennasand
equipment
cabinet.

564-471-01
3030
Plaza
Bonita
Rd
Pac
Bell
CUP—1996-7
Located
atop
the
existing
Plaza
Bonita
sign.

PCSfa
ty-
three
antennas
and
two
eauiDmentcabinets
at
base
of
sign.
16 557-420-36
1840
E
12th
Nextel
CUP—1999-4
60-foot
monopalm
on
vacant
commercial
lot.
20 555-082-11
111
W
9th
Sprint
CUP-2000-9
Located
atop
2-story
Sid‘s
Camet
Barn
warehouse.

VWreless
communication
facilitv-
twelve
wireless
panel
antennas
and
4-inch
GPS
antenna.
21 555-030-21
330
National
City
Blvd
GTE
CUP-2000-11
Located
atop
BayTheatre.

VWeiess
communication
facility-
twelve
panel
antennas
and
four
equipment
cabinets.
30 564-250-50
2435
Sweetwater
Sprint
CUP-2000-‘14
Located
at
Sweetwater
Inn.

Global
Positi
ning
System
with
nine
panel
antennas.
557420-36
1905
E
Plaza
Sprint
PCS
CUP-2001-3
53 foot
tail
monopalm
with
nine
panel
antennas.

PCS
Facility
with
one
equipment
enclosure
and
a
GPS
antenna.
32 556-473-18
242
E
8th
AT&T
CUP-2001-6
Located
atop
an
existing
church.
34 563—370-35
3007
Highland
Nextel
CUP—2001-12
Located
atop
Sweetwéter
Square.

New
equipment
building
over
trash
enclosure,
nine
panel
antennas
and
one
GPS
antenna.
36 37
563-231-38
1914
Sweetwater
Cingular
CUP—2002—3
Located
on
an
existing
75 foot
tall
pole
sign
for
the
Suee’twaterTown
and
CountlShopping
Center.
564-310-157
3737
Sweetwater
Cingular
CUP-2002-4
72 foot
tall
monopine
with
standard
equipment
enclosure
39 556-101-15
241
National
City
Blvd
Cingular
CUP-2002-6
12 panel
antennas
behind
four
new
partial
parapet
walls
atop
an
existina
furniture
store;
four
equipment
cabinets
outside
40 558-200-24
241
5 E
18th
Cingular
CUP-2002-1
3 Panel
antennas
located
inside
new
iiaht
standards;
equipment
located
inside
existing
commercial
buildina
41 556-354-1
3 71
5Highland
AT&T
CUP—2002—1
4 Six
facade
mounted
panel
antennas
with
equipment
on
roof
of
PacBell
switching
station.

Equipment
screened
to
match
existing.
'
556-590-61
1019
Highland
Sprint
PCS
CUP-2002-24
6 panel
antennas
in
a
new
monument
sign
in
the
South
Bﬂlaza
shopping
center
556-590—61
1019
Highland
Cingular
CUP—2002-2
Located
atop
South
Bay
Plaza
on
an
existing
mechanical
equipment
screen‘
51 552-283-11
2323
E
Division
Sprint
CUP—2004-6
3 paneiantennasina
9x10x16
roof-mountedcupola
285 of 379
14 52 560-191-30 1701 D Ave Nextei CUP-2004-12
12 panel antennas on a 57‘ faux broadieaf tree with 230 square footequipment enclosure 53 551—570-20
51 N
Highland
Sprint
CUP-2004-15
2 panel
antennas
in
a
45'
flagpole
with
4 waII-mounted
equipment
cabinets
55 563-231-159
1914
Sweetwater
Nextel
PC
Reso
20-2002
2 panel
antennas
in
a45'
flagpole
with
4 wall—mounted
equipment
cabinets
57 554—120—24
2701
E
8th
.

Cinguiar
PC
Reso
02-2001
Co-Iocationin
churchspire—3
antennas
within
existing
architectural
feature
554—120—24
2701
E
8th
T-Mobile
CUP-2000-19
Located
at
existing
church.

Antennas
located
in
a
GO—footmonument.
554-120-24
2701
E
8th
Sprint
CUP—2000—27
12 panel
antennas
mounted
on
exterior
of
seif—storage
building
and
painted
to
match;
all
equipment
located
inside
of
the
buildings
554—120—24
2701
E
8th
AT&T
CUP-2000-19
Located
at
existing
church.

Antennas
located
in
a
60-foot
monument
58 558-030-30
1035
Harbison
Nextel
CUP-2005-3
12 panel
antennas
on
a
monopalm
with
299
SQ.ft
equipment
enclosure.
60 61
556—510—12
91 4
E
81h
Cingular
CUP-2005-1O
12 panel
antennas
on
39-ft
monopine
with
280
sq.
ft.
equipment
shelter
559-040-513
1439
Tidelands
Cinguiar
CUP-2005-9
12 panel
antennas
on
monopalm
with
associated
equipment
shelter
559-040-513
1445
Tidelands
Nextel
CUP-2000-31
40—footmonopalmwith
three
sectors
of
four
antennas
each
and
equipment
shelter
63 562-200—02
2900
Highland
Cingular
CUP-2005-12
3 antennas
on
replacement
ht
standard
with
associated
equipment
shelter

563010—47
2605
Highland
Cricket
CUP-2006-11
3 antennas
in
new
architectural
feature
of
church
with
associated
equipment
563—01047
2605
Highland
Sprint
CUP—2002-1
8 Six
panel
antennas
and
equipment
inside
a
new
54 foot
tall
monumentlcross/sign.
65 557-420-31
1900
E
Plaza
Cricket
CUP-2006—6
3 antennas
on
new
faux
palm
tree
with
associated
equipment
557-420-151
1900
E
Plaza
Cingular
CUP-2004~4

67 5 panel antennas in a new pole sign at Jimmy's Restaurant 561
-222—23
1526-40
E
18th
T-Mobile
CU
P-2006-1O
12 panel antennas on a new 45-foot tallfaux pine tree with associated equipment shelter 68 564-471-07 3030 Plaza Bonita Rd Cingular CUP¢2005-24 12 antennas facade mounted to new rooftopenclosure thatwillhouse equipment 286 of 379
15 68
564-471-07
3030
Plaza
Bonita
Rd
Verizon
CUP-2003-13
12 panel
antennas
on
the
roof
of
the
Plaza
Bonita
Mall
behind
a
screen
wall
69 559-106-17
525
W
20th
C
‘cket
CUP-2005—25
3 antennas
on
existing
self
storage
building
painted
to
match
with
associated
equipment
559-106-17
525
W
20th
Sprint
CUP-2001-4
Located
on
existina
storaae
buil
mg.

Viﬁreless
communication
facility-
9 antennas
and
equipment
building.
70 554-050-15
2005
E
4th
Cricket
PC
Reso
09-2003
3 antennas
on
exi
ing
light
standard
with
associated
equipment
shelter
554-050-15
2005
E
4th
C'nguiar
CUP-2003-5
12 panel
antennas
on
a
replacement
100
foot
ilght
standard
in
EiTovon
park
and
a
160
square
foot
equipment
enclosure. 554-050-1
5 2005
E
4th
GTE
CUP—1998-4
Located
in
ElTovon
Park.

Cellular
facility—
97‘8"
monopole
with
twelve
panel
antennas,
three
omni
antennas,
and
192—sqfoot
equipment
buil
'ng.
554—050-15
2005
E
4th
Nextei
CUP-2005-15
12 panel
antennas
on
a
47-foot
tail
faux-broadleaf
awith
230
sq.
ft.equipment
shelter
71 564-29006
3820
Cagle
St
Cricket
PC
RESO
10-2004
3 antennas
on
existing
faux
pine
tree
with
vaulted
equipment
shelter
564-290-06
3820
Cagle
St
Sprint
CUP-2001-2
Located
at
Sweetwater
Heights
Centennial
Park.

Viﬁreless
communication
facility-
35-foot
pole
with
six
antennas,
equipment
b
ng
and
adiacent
iiahting
for
the
park
564-290-063
3820
Cagle
St
CUP-2004-3
Located
at
Sweetwater
Heights
Centennial
Park.

VWeiess
communication
fac
‘
-55-foot
monopine
with
twelve
panel
antennas
and
equipment
building

564-290-06
3820
Cagle
St
Cingular
PC
Reso
11-2002
Co—location
on
55-foot
monopine
-additional
12 panel
antennas
and
new
275
SQ.ft.
equipment
vault
72 669-060-26
5800
Boxer
Rd
Cricket
PC
RESO
32-2003
3 antennas
on
existing
water
tower
with
associated
equipment
shelter
669-060-26
5800
Boxer
Rd
T—Mobile
CUP-2003-16
12 panel
antennas
on
the
outside
of
the

0.0. Arnold
water
tank
and
a
150
square
foot
equipment
enclosure
adiacent
to
the
tank
669—060-26
5800
Boxer
Rd
Sprint
PC
Reso
32-2003
6 panel
antennas
on
the
outside
of
the

0.0. Arnold
water
tank
and
a
360
square
foot
equipment
enclosure
adjacent
669-060—26
5800
Boxer
Rd
Cingular
CUP—2005-21
12 pane!
antennas
on
the
outside
of
the

0.0. Arnold
water
tank
and
a
520
square
foot
equipment
enclosure
adjacent
73 562-33043
152
W
33rd
Cricket
PC
Reso
21-2002
3 antennas
on
existing
seif
storage
within
matching
architectural
projection
with
associated
equipment
562—330-43
152
W
33rd
Sprint
CUP-2002-8
12 panel
antenas
mounted
on
exterior
of
seif—storage
building
and
painted
to
match;
all
equipment
located
inside
of
the
287 of 379
16 74 75
76 555—053-17
700
NCB
Cricket
PC
Reso
05-2000
3 antennas
facade
mounted
to
existina
hotel
with
associated
equipmen
555-053-17
700
NCB
Metricom
CUP-2000-4
Located
atop
Holidav
Inn.

Wireless
communication
fac
lwith
equipment
cabinet.

555~053-17
700
NCB
Skytel
CUP-2000-30
Located
atop
Holidav
Inn
Hotel.
-8-foot
whip
antenna,
two
4x2—foot
panel
antennas,
and
one
GPS
antenna
with
two
indoor
equipment
cabinets.
1560-203-03
1800
National
City
Blvd
Nextel
CUP-2006-15
15 panel
antennas
behindscreen
wall
atop
existing
car
dealership
with
associated
equigment
561-360-35
1810
E
22nd
Cricket
2007-14
CUP
3 antennas
on
recration
building
at
Las
Palmas
Park
561-360-35
1820
E
22nd
Sprint—Nextel

CUP-ZOOO-S
Located
in
Las
Palmas
Park.

Monopalm
and
eauipment
along
with
live
palms.
78 560-143-363
1703
Hoover
Cleawire
2009-22
CUP
9 antennas
located
on
3 different
locations
on
industrial]
warehouse
building.

Each
location
will
have
2 pannel
antennas.

Associated
equiptment
will
be
located
in
building
79 559-160-33
700
Bay
Marina
Dr
Cleawire
2009—23
CUP
9 antennas
on
tower
of
Marina
Gateway
Plaza
commercial
bui
ing
hidden
behind
parapet
wall.
6-foot
tall
equiptmant
oabinent
on
roof
below
tower
will
be
mostly
covered
80 560—151-20
142
E
16th
AT&T
2010-11
CUP
6 panel
antennas
and
RF
transparent
cupola
atop
National
City
Ministry
Church,
as
well
as
a
330
sq
ft
equipment/storage/trash
enclosure
on
the
ground.

The
8-foot
tall
Cupola
will
have
a
cross
aﬁxed
to
it
in
order
to
appea
as
part
of
the
church
'
81 561-271-01561-271-01
561 —271—01
2005 Highland Ave
2005 Highland
2005 Highland
Plancom
12 antenas
on
a
43—foot
mono-palm
on
eastern
property
T—MobileCingular

e
12 antennas
on
the
roof
of
a
Highland
Avenue
ofﬁce
building
2010-31 CUP
CUP-2003-4CU
P-2006-2
12 antennas
on
the
roof
of
a
Highland
Avenue
ofﬁce
building
with
new
cupola
to
match
existing
82 563-184-47
75—foot
monopole
and
equipment
bu
2909 Shelby Dr

ng.

P95-025

83 563-062-17
2524
Prospect
St AT&T ZAP99-028
35-foot
monopalm
with
three
sector
directional
antenna
system
and
equipment
cabinets.
85 564-310-32
3312
Bonita
Heights
Lane
AT&T ZAP00-133

86 563-063-223
2563
Grove
St AT&T MUP91-026W2

288 of 379
17 86
563-063-233
2563
Grove
St
Monopole
located
aside
live
palm
trees.

P91
-026W

289 of 379

CITY OF NATIONAL CITY - PLANNING DIVISION
1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950

NOTICE OF PUBLIC HEARING

CONDITIONAL USE PERMIT FOR THE MODIFICATION OF

AN EXISTING WIRELESS COMMUNICATIONS FACILITY
LOCATED AT 1215 WILSON AVENUE.

CASE FILE NO.: 2021-09 CUP
APN: 559-032-20
The National City Planning Commission willhold a publichearing at theirregularonline meeting after the hour of 6:00 pm. Monday, February 7, 2022 on the proposed request. The meeting willbe LIVE WEBCAST from the City Council Chamber, 1243 NationalCityBoulevard, NationalCity,California.(Applicant:T-Mobile) Due to the precautionstaken to combat the spread of coronavirus(COVlD-19), City Hall, includingthe City Council Chambers, are closed to the public.Anyone interestedin this public hearing may observe it on the City’s website at
http://www.nationalcit\Lca.qov/qovernment/city—clerk/council-webcast.

The projectsiteis a singie-storyindustrialbuildingwith two sectors of poie-mounted wireless antennas on the southwest corner of the roof.The applicant is proposing to installantennas as a thirdsector on the northwest corner of the roof,with screening provided of both the existingand proposed antennas.

Members of the publicare invitedto comment. Written comments should be received on or before 4:00 p.m., February 7, 2022 by the Planning Division,who can be contacted at 619-336-4310 or [email protected].

Ifyou challenge the nature of the proposed actionin court,you may be limitedto raising only those issues you or someone else raised at the publichearing described in this notice,or in writtencorrespondence deliveredto the Planning Commission at,or prior to,the public hearing.

NATIONAL CITY PLANNING DIVISION
18 290 of 379

COMMUNITY DEVELOPMENT DEPARTMENT— PLANNING DlVlSlON
1243 NATlONAL CITY BLVD., NATIONAL CITY, CA 91950

NOTICE OF EXEMPTION
TO: Assessor/Recorder/County Clerk
Attn:Fishand WildlifeNotices
1600 PacificHighway, Suite 260
San Diego, CA 92101
MS: A—33
Lead Agency: Cityof NationalCity
ProiectTitle: 2021—09 CUP
Proiect Location: 1215 Wilson Avenue, NationalCity,CA.

Contact Person: MartinReeder Teleghone Number: (619)336-4313 Description of NatureI Purpose and Beneficiaries of Proiect:

ConditionalUse Permitformodiﬁcationofan existingwirelesscommunications facilityon an industrialbuilding.The projectwould increase signalstrengthand servicearea forT- Mobile customers.

Applicant: Telthone Number:

Carol Kincheloe,OBO T—Moblle. (619)488-0933
9020 ActivityRoad
San Diego, CA 92126
Exem pt Status:

K1 Categorical Exemption. Class 3 Section 15303 (New Construction or Conversion of small structures)
Reasons why proiect is exempt:

There is no possibilitythat the proposed use willhave a signiﬁcant impact on the environment because the facilityisexistingand locatedon an existingindustrialbuilding,the antennas willbe screened by new screeningwallsand willnot affectuse of the properly.

Date:

MARTIN REEDER, AICP
PrincipalPlanner
19 291 of 379
RESOLUTION NO. 2022-02

A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF NATIONAL CiTY, CALIFORNIA,

APPROVING A CONDITIONAL USE PERMIT FOR

THE MODIFICATION OF AN EXISTING WIRELESS

COMMUNICATIONS FACILITY LOCATED AT
1215 WILSON AVENUE.

CASE FILE NO. 2021-09 CUP
APN: 559-032-20 & 21
WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for the modiﬁcation of an existingwireless communications facilitylocated at 1215 Wilson Avenue at a duly advertised public hearing held on February 7,2022, at which time oraland documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staffreport contained in Case File No. 2021-09 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and,
WHEREAS, thisactionistaken pursuant to allapplicableprocedures requiredby State law and City law; and,
WHEREAS, the action recitedherein isfound to be essentialforthe preservation of publichealth,safety,and general welfare.

NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City,California,that the testimony and evidence presented to the Planning Commission at the public hearing held on February 7, 2022, support the following ﬁndings:

1. That the proposed use isallowablewithinthe applicablezoning districtpursuant to a CUP and complies with allother applicableprovisionsof the Land Use Code, because the use is allowable within the CL zone pursuant to a CUP and the proposed facilitymeets the required telecommunication facilitydesign guidelines thatincludeprovidingthe minimum distancerequirementsfrom habitablespace and screeningthe facility.

2. That the proposed use is consistentwith the General Plan and any applicable speciﬁc plan, because General Plan PolicyE-3.3 encourages access to wireless ATTACHMENT 3
20 292 of 379
DocuSign Envelope iD:01DOQBBF-431E-4AE3-A097—6D64ED7E4D87 internetconnections,computers,and otherforms ofcommunication technology:the proposed facilitymodiﬁcations provide added internetlcellulardata as well as standard cellphone service capability.In addition,the proposed facilityis a conditionally—permitteduse inthe CL zone.

That the design,location,size,and operatingcharacteristicsof the proposed activity would be compatiblewiththe existingand futureland uses inthe vicinity,because the facilityis existingand isbeing modiﬁed to match the same locationaland architecturalcomponents of the currentfacilitydesign,plusadd screeningto bring the facilityintocompliance withcurrentcodes.

That the siteisphysicallysuitableforthe type,density,and intensityof use being prdposed, includingaccess, utilities,and the absence of physicalconstraints, because the facilityis existing and the modiﬁcations meet all development standards and distancerequirementsofthe Land Use Code.

That granting the permit would not constitutea nuisance or be injuriousor detrimental to the public interest,health, safety, convenience, or welfare, or materiallyinjuriousto persons,property,or improvements inthe vicinityand zone in which the property is located,because the proposed facilityis existingand the modiﬁed versionwillnot be highlyvisibledue to the added screening walls around the antennas.

That the proposed projecthas been reviewed in compliance with the California Environmental QualityAct and has been determined to be categoricallyexempt from environmental review pursuant to Class 3 Section 15303 (New Constructionor Conversion of Small Structures),for which a Notice of Exemption willbe ﬁled subsequent to approvalofthisCUP.

BE IT FURTHER RESOLVED thatthe applicationforConditionalUse Permit is approved subjecttothefollowingconditions:

General

1. This Conditional Use Permit authorizes the modiﬁcation of an existingwireless communications facilityat 1215 Wilson. Except as requiredby conditionsof approval, allplans submitted forpermitsassociatedwith the projectshallconform with ExhibitA, Case FileNo. 2021-09 CUP, dated 1/25/2022. Any additionalantennas or facilities must be in substantialconformance with the design for installationshown on these plans.

Before this ConditionalUse Permit shall become effective,the applicantand the propertyowner both shallsign and have notarizedan Acceptance Form, providedby 21 293 of 379
DocuSign Envelope lD:01OUQB8F-431E-4AE3-A097-6D64E07E4D87 the Planning Division,acknowledging and acceptingallconditionsimposed upon the approvalof thispermit. Failureto returnthe signed and notarizedAcceptance Form within30 days of itsreceiptshallautomaticallyterminatethe ConditionalUse Permit.

The applicantshallalsosubmitevidencetothe satisfactionofthe PlanningDivisionthat a Notice of Restrictionon Real Propeity is recorded with the County Recorder. The applicantshallpay necessary recordingfees to the County. The Notice of Restriction shallprovide informationthatconditionsimposed by approval of the ConditionalUse Permit are binding on allpresent or futureinterestholders or estate holders of the property.The Noticeof Restrictionshallbe approved as to form by the CityAttorney and signed by the CityManager or assign priortorecordation.

3. Withinfour (4) days of approval,pursuant to Fish and Game Code 711.4 and the CaliforniaCode of Regulations,Title14, Section 753.5, the applicantshall pay all necessary environmental ﬁlingfees forthe San Diego County Clerk.Checks shallbe made payable to the County Clerk and submitted to the NationalCity Planning Department.

4. Thispermitshallbecome hulland voidifnotexercisedwithinone year afteradoptionof the resolutionof approval unlessextended accordingto procedures speciﬁed inSection

18.12.040ofthe MunicipalCode.

Building

5. Plans submitted for demolitionor constructionimprovements shall comply with the currenteditionsof the CaliforniaBuilding,Electrical,Plumbing, Mechanical, and Fire Codes.

Fire

6. Plans submitted for improvements must comply with the current editionsof the CaliforniaFireCode (CFC), NationalFireProtectionAssociation(NFPA), and California Code ofRegulations(COR).

7. Allrequiredsignage fortelecommunicationsfacilities,as speciﬁed-bythe CFC, ifnot already on site,shallbe designed and installed.

8. The National City Fire Department shallbe involved with allfireinspectionsforthis site.Rough inspectionsare requiredforallphases ofwork.

Planning

9. Allappropriateand requiredlocal,stateand/orfederalpermitsmust be obtainedand/or modiﬁed priorto operationofthe wirelesscommunications facility.

10.Screening wallsshallbe texturedand paintedto match the architecturalstyleand color of the existingbuilding.The reverseside of the screening wallsand the antennas shall be painteda neutralcolorthatblendswiththe roofcolor.
22 294 of 379
DocuSlgn Envelope ID:0100988F-431E-4AE3-A097-6D64E07E4D37

11.Allground-mounted equipment shallbe paintedto match the nearestbuildingwallto where itis located.Other equipment must be screened from view. Any apparatus visibleto the exteriorof the facility,includingcable chases/trays,shallbe painted to match the surface on which itis mounted. Addition equipment boxes, generators, and/or protectivedevices shall be placed so that they are not withinthe required parking area.

12.The permitteeshallnot objectto co-Iocatingadditionalfacilitiesof othercommunication companies and sharing the projectsite,provided such shared use does not resultin substantialtechnicalor quality-of—serviceimpairment forthe permitteduse. Inthe event a disputeariseswithregardto co-locatingwithotherexistingor potentialusers,the City may requirea thirdpartytechnicalstudy at the expense of eitheror both the applicant and the complaininguser. This conditioninno way obligatesthe Cityto approve any co—locationproposalifitisdetermined by theCitynotto be desirableina speciﬁccase.

13.The applicantor operator shallbe responsible for the removal and disposalof any antennas, equipment or facilitiesthatare abandoned, decommissioned, or become obsoletewithinsix(6)months ofdiscontinuance.

BE iT FURTHER RESOLVED that copies of this Resolution be transmitted forthwithto the applicantand to the CityCouncil.

BE IT FINALLY RESOLVED thatthisResolutionshallbecome effectiveand final on the day following the City Council meeting where the Planning Commission resolutionisset forreview,unless an appeal inwritingisﬁled with the CityClerk priorto 5:00 pm. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decisionof the Planning Commission and set the matterforpublic hearing.

CERTIFICATION:

This certifiesthat the Resolutionwas adopted by the Planning Commission at their meeting of February 7,2022, by the followingvote:

AYES: Sendt, Sanchez. Roman, Yamane, Dela Paz, Natividad,Valenzuela NAYS:None.

ABSENT‘ None. bonuslgmuby:

ABSTAIN:None- ‘ CHAIRPERSOHN
DitasYamane 2/14/2022|3:16PM PST
23 295 of 379
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Conditional Use Permit
for modificationof an
existingwirelessfacility
at 1215 Wilson Avenue
2021-09 CUP

Overhead

ATTACHMENT 5
36 3/7/2022
308 of 379

Site Characteristics:

Single-storyindustrialbuildinginCL zone
Westside Speciﬁc Plan adjacentto NB l-5
Existingfacilitywith 2 sectors of pole-mounted amennas
> Southwest corner
> Antennas pointwest and south
ExistingCUP approved in 1995
> No equipment screeningproposed/requiredatthattime

Progosal:
> Applicantproposingto upgrade the existingantennas
>
>
and installnew sectoron NW corner of roof
New sectorto pointdirectlynorth
Screening proposed forexistingand proposed
antennas
Expansion of facility(new sector)requiresmodiﬁcation
of the CUP
New sector designed io address area of weak service

37 2/15/2022
309 of 379
2/15/2022

38 310 of 379

2/15/2022

Photo
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Phqtq
Simu é'tién‘sl

39 311 of 379

Analzsis:
> Consistent with General Plan policyE-3.3 (Education
and PublicParticipation)
> Increaseaccess towirelessinternetconnections,computers, and otherforms ofcommunication technology
Consistentwiththe Land Use Code
> ConditionalIy-alloweduse inCL zone
> Screening offacility
)>Located atleast75 feetfrom habitablestructures
1996 Telecommunications Act
> No regulationbased on RF emissions
> Compliance withFCC limits

Conditions/Summagy:
>VY’VV
ConditionsofApproval
> Standard conditionsspeciﬁctowirelessfacilities
> Agency permﬂs
> Building& Firecode compliance
> Colocation
Use consistentwithGeneral Plan and LUC
Meets allapplicabledesign requirements
Considered ‘stealth'
Improve coverage inarea of limitedservice

40 2/15/2022
312 of 379
2/15/2022

>Approve CUP based on attached ﬁndings lﬁndings
determined by the Commission; or
> Deny CUP based on ﬁndings /ﬁndings determined by
the Commission; or
> Continue the item foradditionalinformation
> Staffrecommending approval
> Notice of Decision to CityCouncil

41 313 of 379
314 of 379

The following page(s) contain the backup material for Agenda Item: Notice of Decision – Planning Commission approval of a Conditional Use Permit for the relocation of an existing wireless communications facility located at 1320 Highland Avenue. (Applicant: Verizon Wireless) (Case File 2022-02 CUP) (Planning)
Please scroll down to view the backup material.
315 of 379

CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT

ITEM TITLE:

PREPARED BY: DEPARTMENT:

PHONE:

EXPLANATION:

APPROVED BY:

AGENDA ITEM NO. MEETING DATE:

ENVIRONMENTAL REVIEW:

FINANCIAL STATEMENT: APPROVED: Finance
ORDINANCE: INTRODUCTION:

ACCOUNT NO.

STAFF RECOMMENDATION:

BOARD / COMMISSION RECOMMENDATION:

ATTACHMENTS:
___________________
________________
March 1, 2022
Notice of Decision – Planning Commission approval of a Conditio nal Use Permit for the relocation of an existing wireless communications facility located at 1320 Highland Avenue. (Applicant: Verizon Wireless) (Case File 2022-02 CUP)
Community Development
The current project was approved in 2015 and is located in the rear of the parking lot for the 99 Cents Only Store at 1320 Highland Avenue, which extends west to Kimball Wa y. The facility is adjacent to Kimball Way.

The relocation area is the roof of Kimball Tower, which is located 250 feet to the west across Kimball Way. The antennas will be screened using extensions to the existing parapet and screening walls where necessary. The relocation is in association with the Kimball Highlands (Commun ity HousingWorks) and San Ysidro Health PACE Clinic projects, which is currently under review.

The Planning Commission conducted a public hearing on February 7, 2022. Commissioners asked questions regarding the related development project and the relocation si te. One community member submitted public comment, which is attached. The Commission voted to recommend approval of the request based on the attached findings and recommended Conditions of Approval.

The attached Planning Commission staff report describes the proposal in detail.

1. Overhead 4. Resolution No. 2022-02

2. Planning Commission Staff Report 5. Reduced Plans

3. Public comment from 2/7/22 Planning Commission meeting 6. PowerPoint presentation from meeting Categorically Exempt pursuant to Class 3 Section 15303 (New Construction or Conversion of small structures) FINAL ADOPTION:

APPROVED: ________________ MIS
Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed.

The Planning Commission recomme
nded approval of the Conditional Use Permit.

Ayes: DeLa Paz, Natividad, Roman, Sanchez, Sendt, Valenzuela, Yamane 619-336-4313
Martin Reeder, AICP
Director of Community Development
316 of 379
2022-02 CUP-1320 Kimball Way/ 1317 'D' Avenue-Overhead
......

ATIACHMENT 1
317 of 379
Item no. 8
February 7, 2022

COMMUNITY DEVELOPMENT DEPARTMENT - PLANNING DIVISION
1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950

PLANN ING COMMISSION STAFF REPORT
Title:

Case File No.:

Location:

Assessor's Parcel No.:

Staff report by:

Applicant:

Zoning designation:

Adjacent land use/zoning:

North:

East:

South:

West:

Environmental review:

Staff recommendation:

PUBLIC HEARING - CONDITIONAL USE PERMIT FOR

THE RELOCATION OF AN EXISTING WIRELESS
COMMUNICATIONS FACILITY LOCATED AT 1320
HIGHLAND AVENUE.
2022-02 CUP
Kimball Way near the "F" Avenue intersection
560-410-03 (1320 Kimball Way) & 560-4 10-05 (1317 'D'
Avenue)
Martin Reeder, AICP - Principal Planner
Verizon Wireless
MXD-2 - Major Mixed-Use District
Park Village Condominiums and Walmart I RM-2 and MXD-2
respectively
Shopping Center/ MXD-2
Single and multi-family residential across Kimball Avenue / RS- 2 and RM-2 respectively
Kimball Towers/ RM-3
Categorically Exempt pursuant to Class 3 Section 15303
(New Construction or Conversion of small structures)
Approve
AnAC HM ENT2
2 318 of 379
Planning Commission
Meeting of February 7, 2022

Page 1 ends

Staff Recommendation
Staff is recommending approval of the Conditional Use Permit (CUP) modification request. The proposal will remove a barrier to construction of the Kimball Highlands/San Ysidro Health PACE project, as well as increase the effectiveness of the facility due to its increased height.

Executive Summary
Verizon has applied for a Conditional Use Permit (CUP) to relocate their existing wireless telecommunications facility from the 99 Cents Only Store parking lot to the roof of Kimball Tower. The antennas will be screened using extensions to the existing parapet and screening walls where necessary.

Site Characteristics
The current project location is the parking lot for the 99 Cents Only Store at 1320 Highland Avenue, which extends west to Kimball Way. The facility is adjacent to Kimball Way. The area is south of the drainage channel between Walmart and the subject parking lot. The relocation area is the roof of Kimball Tower, which is located 250 feet to the west across Kimball Way. The existing CUP was approved in 2015. The relocation is in association with the Kimball Highlands (Community HousingWorks) and San Ysidro Health PACE Clinic projects, which is currently under review. The current location is zoned MXD-2. Kimball Tower is located in the RM-3 (Very-High- Multi-Unit Residential) zone.

Kimball Highlands Proiect
Kimball Highlands is a proposed two-property infill multi-family apartment development, with one property located at 14th Street and Kimball Way at 'F' Avenue (where the existing wireless facility is located), and the second property located at 1221 'D' Avenue (adjacent to the Kimball Senior Center). The development is in accordance with the fully executed Disposition and Development Agreement (ODA) between Community HousingWorks (CHW), the Community Development Commission-Housing Authority of the City of National City (CDC-HA), and San Ysidro Health.

Proposal
As mentioned above, the current project site is a wireless communications facility located on an artificial pine tree in the rear of the 99 Cents Only store located at 1320 Highland Avenue. As part of the pending Kimball Highlands/ San Ysidro Health (PACE) Clinic project, the facility will need to be relocated. The applicant is proposing to relocate 3 319 of 379
Planning Commission
Meeting of February 7, 2022

Page 2 ends

the facility to the roof of the Kimball Tower building across Kimball Way to the west. All new equipment will be roof-mounted and antennas will be screened to match the architectural style of the building.

Analysis
As well as facilitating a priority City project, the proposal is consistent with General Plan policy E-3.3 (Education and Public Participation) that aims to increase access to wireless internet connections, computers, and other forms of communication technology. The proposal is also generally consistent with the Land Use Code (LUC), because wireless communications facilities are a conditionally-allowed use in the RM-3 zone. Placement of the facility on the roof will also improve the effectiveness of the antennas, which are line-of sight. The increased height will allow the facility to reach much further than the existing condition.

Section 18.30.220 of the LUC only allows commercial wireless facilities in residential zones subject to an exception granted by the Planning Commission. In this case, the facility would be located on the roof of the building and would not interact with residential use on the property. In addition, other buildings in the City also have wireless facilities on their roofs, including the Ramada Hotel and Bay View Suites on National City Blvd., both residential occupancy buildings.

The Land Use Code requires that telecommunication facilities be sensitively designed to be compatible with, and minimize visual impacts to, surrounding areas. It also requires that telecommunication facilities and appurtenances be screened by existing or proposed landscaping, to the extent possible, without compromising reception and/or transmission.

The Land Use Code also requires telecommunication facilities to be located at least 75 feet from any habitable structure on a separate property. The proposed facility meets this requirement, as the closest habitable building on another property is located approximately 130 feet away to the northeast.

The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA). Staff has determined that the proposed use is categorically exempt from environmental review pursuant to Class 3 Section 15303 (New Construction or Conversion of Small Structures), for which a Notice of the Exemption will be filed subsequent to approval of this CUP. Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment 4 320 of 379
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and facilities in small structures; and, the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure.

The proposed use would be consistent with this description as a new, small facility.

Conditions of Approval
Conditions requiring building and fire code compliance are attached, as well as standard Conditions of Approval for CUPs.

Required findings
The Municipal Code contains required findings for CUPs. There are six required findings:

1. The proposed use is allowable within the applicable zoning district pursuant to a CUP and complies with all other applicable provisions of the Land Use Code.

The use is allowable within the RM-3 zone pursuant to a CUP, and the proposed facility meets the required telecommunication facility design guidelines that include providing the minimum distance requirements from habitable space and screening the facility.

2. The proposed use is consistent with the General Plan and any applicable specific plan.

General Plan Policy E-3.3 encourages access to wireless internet connections, computers, and other forms of communication technology: the proposed facility will provide increased internet/cellular data as well as standard cellphone service capability. In addition, the proposed facility is a conditionally-permitted use in the RM-3 zone.

3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity.

The facility will be located on the roof of the building without interfering with the existing use. No future expansion of the building is proposed that the facility would conflict with. The screening for the antennas will match the architectural style of the building, in compliance with the LUC.

4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints. 5 321 of 379
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The site is suitable for the proposed telecommunication facility because the building on which the facility will be located is existing, no expansion or future use that the proposal would conflict with is anticipated, and the facility will meet all development standards and distance requirements.

5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located.

The proposed facility will not be highly visible due to the height of the building compared to other development in the area, and because of screening walls around the antennas.

6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act.

The proposed project has been reviewed in compliance with the CEQA. Staff has determined the proposed use to be categorically exempt from environmental review pursuant to Class 3 Section 15303 (New Construction or Conversion of Small Structures), for which a Notice of Exemption will be filed subsequent to approval of this CUP.

An additional finding has been added in reference to making an exception for the facility being located in a residential zone.

The 1996 Telecommunications Act states that, "no State or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission's regulations concerning such emissions." It should also be pointed out that if approved by a local jurisdiction, all wireless communications facilities must obtain all required state and 6 322 of 379
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federal permits in order to operate. A Condition of Approval is included requiring these permits.

All occupants of both the Kimball and adjacent Morgan Tower buildings have been notified of the proposal and the Planning Commission public hearing. City policy requires all property owners and occupants within 300 feet of the project to be notified of the hearing. In this case, the total number of persons notified was 622.

Summary
The proposed project is consistent with .the General Plan and Land Use Code in that it meets all applicable design requirements for wireless communication facilities. The project is considered 'stealth' in that it would screen the antennas from adjacent uses. The relocation of the facility to Kimball Tower will facilitate a priority City project (Kimball Highlands/ San Ysidro Health PACE Clinic), as well as improve coverage in the area for Verizon customers.

Options

1. Approve 2022-02 CUP subject to the attached conditions, and based on attached findings or other findings as determined by the Planning Commission; or

2. Deny Approve 2022-02 CUP based on findings as determined by the Planning Commission; or,

3. Continue the item for additional information
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Attachments

1. Recommended Findings

2. Recommended Conditions

3. Overhead

4. Existing Wireless Facilities Map & List

5. Public Hearing Notice (Sent to 622 property owners and occupants)

6. Notice of Exemption

7. Applicant's Plans (Exhibit A, Case File No. 2022-02 CUP, dated 1/26/2022)

8. Resolution

MARTIN REEDER, AICP
Principal Planner
8 ARMANDO VERGARA
Director of Community Development
324 of 379

RECOMMENDED FINDINGS FOR APPROVAL
2022-02 CUP - 1320 Kimball Way/ 1317 'D' Avenue

1. That the proposed use is allowable within the applicable zoning district pursuant to a CUP and complies with all other applicable provisions of the Land Use Code, because use is allowable within the RM-3 zone pursuant to a CUP, and the proposed facility meets the required telecommunication facility design guidelines that include providing the minimum distance requirements from habitable space and screening the facility.

2. That the proposed use is consistent with the General Plan and any applicable specific plan, because General Plan Policy E-3.3 encourages access to wireless internet connections, computers, and other forms of communication technology: the proposed facility modifications provide increased internet/cellular data as well as standard cellphone service capability. In addition, the proposed facility is a conditionally-permitted use in the RM-3 zone.

3. That the design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because the facility will be located on the roof of the building without interfering with the existing use. No future expansion of the building is proposed that the facility would conflict with. The screening for the antennas will match the architectural style of the building, in compliance with the LUC.

4. That the site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, because the building on which the facility will be located is existing, no expansion or future use that the proposal would conflict with is anticipated, and the facility will meet all development standards and distance requirements.

5. That granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, properly, or improvements in the vicinity and zone in which the properly is located, because the proposed facility will not be highly visible due to the height of the building compared to other development in the area, and because of screening walls around the antennas.
9 325 of 379

6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act and has been determined to be categorically exempt from environmental review pursuant to Class 3 Section 15303 (New Construction or Conversion of Small Structures), for which a Notice of Exemption will be filed subsequent to approval of this CUP.

7. That the facility being located on the roof of a residential building will not impact the quality of life of building or area residents, because no residential or other use of the roof occurs or will occur in the future, antennas face away from the building and will not interact with the residential use on the property, and all other buildings are significantly lower than the subject building.
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General

RECOMMENDED CONDITIONS OF APPROVAL
2022-02 CUP - 1320 Kimball Way/ 1317 'D' Avenue

1. This Conditional Use Permit authorizes the relocation of an existing wireless conimunications facility at 1320 Highland Avenue to the roof of Kimball Tower located at 1317 'D' Avenue. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File No. 2022-02 CUP, dated 1/26/2022. Any additional antennas or facilities must be in substantial conformance with the design for installation shown on these plans.

2. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Division that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the City Manager or assign prior to recordation.

3. WithinJour (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable fo the County Clerk and submitted to the National City Planning Department.

4. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section

18.12.040 of the Municipal Code.

Building

5. Plans submitted for demolition and construction improvements shall comply with the current editions of the California Building, Electrical, Plumbing, Mechanical, and Fire Codes.
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,\
Fire

6. Plans submitted for improvements must comply with the current editions of the California Fire Code (CFC), National Fire Protection Association (NFPA), and California Code of Regulations (CCR).

7. The National City Fire Department shall be involved with all fire inspections for this site. Rough inspections are required for all phases of work.

Planning

8. All appropriate and required local, state and/or federal permits must be obtained and/or modified prior to operation of the wireless communications facility.

9. Antennas shall be screened from adjacent views through the use of screening walls no higher than the antennas plus one foot. Screening walls shall be textured and painted to match the architectural style and color of the existing building.

10. The reverse side of the screening walls, all associated equipment, and the antennas themselves shall be painted a neutral color that blends with the roof color and/or the surface on which they are mounted.

11. The permittee shall not object to co71ocating additional facilities of other communication companies and sharing the project site, provided such shared use does not result in substantial technical or quality-of-service impairment for the permitted use. In the event a dispute arises with regard to co-locating with other existing or potential users, the City may require a third party technical study at the expense of either or both the applicant and the complaining user. This condition in no way obligates the City to approve any co-location proposal if it is determined by the City not to be desirable in a specific case.

12. The applicant or operator shall be responsible for the removal and disposal of any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete within six (6) months of discontinuance.
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~
w
---=====-----Feet 1,375 2,750 5,500
0 Wireless facilities in National City
6 Wireless facilities in unincorporated area
Wireless Communication Facilities
National City Planning Department 2012
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,_,. ...

FACILITY
1 2
4 5
6 7
8 9
10 12

APN LOCATION PROVIDER FILE NO
562-340-44 2434 Southport Urban Comm Rad CUP-1992-11
Radio communication facilitv (microwave transmitter)- 80-foot tall tower and 8-foot in diameter dish antenna 562 340 26 300W28th AirTouch CDC Reso 94-28
75-foot monopole with three sector antennas and 450-sa foot eauipment buildina. 562-340-26 300W28th Nextel CUP-2003-30
12 antennae on existing communications tower and a 270 square foot eauipment enclosure adiacent to existina equipment 559-032-02 1215 Wilson Pac Bell CUP-1995-11
Located on roof of existina buildina. PCS facilitv- six roof-mounted antennas and two ground-mounted equipment boxes. 557-410-03 1645 E Plaza Pac Bell CUP--1995-13
Located on roof of Qualitv Inn. PCSfacilitv- six panel antennas and equipment cabinet. 555-086-11 910 Hoover AirTouch CUP-1995-18
Located on existing building. Cellular facilitv- three support structures with five panel antennas each, two dish antennas and equipment cabinet
556-471-24 801 National City Blvd AT&T CUP-1996-2
Located on roof of Red Lion Hotel. Paging facilitv-four whip antennas, one global positioning satellite antenna and equipment cabinet.
556-471-24 801 National City Blvd Nextel CUP-1994-8
Located on roof of Red Lion Hotel. ESMR facilitv- three whip antennas and eauipment cabinet. 556-471-24 801 National City Blvd Pagenet CUP-1996-12
Located on roof of hotel. Paaing facility- four antennas and eauioment cabinet one floor down from roof. 556-471-24 801 National City Blvd AT&T CUP-1999-5
Located atop Red Lion Hotel. Wireless communication facility- four antennas and radio base svstem. 554-120-30 2400 E 4th AT&T CUP-1996-4
Located on roof of Paradise Valley Hospital. Paaina facilitv- four whip antennas, one alobal POsitioninasatellite antenna and equipment cabinet.
559-160-13 1022 W Bay Marin GTE CUP-1996-5
Located on a 360-sa foot building. Cellular facilitv- 60-foot monopole with twelve panel antennas. 563-370-36 3007 Highland Pac Bell CUP-1996-6
Located on existing Super Saver buildina. PCSfacilitv- six panel antennas and two equipment cabinets. 554-050-12 303Palm AirTouch CUP-1996-8
60-foot hiah monopole with six whip antennas, thirty directional cellular antennas, and three dishes with an eauiDmentcabinet at base.
554-050-12 303 Palm Sprint PCS CUP-2001-10
Located on National Guard Armory property. PCSfacility six antennas in three 40-foot flag poles, one GPS antenna and a new equipment building.
330 of 379
I-"' u,
14 16
20 21
22 30
32 34
36 37
39 40
41 44
51 564-471-01 3030 Plaza Bonita Rd Nextel CUP-1997-8
Located atop Plaza Bonita sign. ESMRfacilitv- nine antennas and equipment cabinet. 564-471-01 3030 Plaza Bonita Rd Pac Bell CUP-1996-7
Located atop the existina Plaza Bonita sign. PCSfacilitv- three antennas and two eauiDmentcabinets at base of sian. 557-420-36 1840 E 12th Nextel CUP-1999-4
60-foot monopalm on vacant commercial lot.
555-082-11 111 W 9th Sprint CUP-2000-9
Located atop 2-story Sid's Carnet Barn warehouse. Wireless communication facilitv- twelve wireless panel antennas and 4-inch GPS antenna.
555-030-21 330 National City Blvd GTE CUP-2000-11
Located atop BavTheatre. Wireless communication facility- twelve panel antennas and four equipment cabinets. 564-250-50 2435 Sweetwater Sprint CUP-2000-14
Located at Sweetwater Inn. Global Positioning System with nine panel antennas. 557-420-36 1905 E Plaza Sprint PCS CUP-2001-3
53 foot tall monopalm with nine panel antennas. PCS Facility with one equipment enclosure and a GPS antenna. 556-473-18 242 E 8th AT&T CUP-2001-6
Located atop an existina church.
563-370-35 3007 Highland Nextel CUP-2001-12
Located atop Sweetwater Square. New equipment buildina over trash enclosure, nine panel antennas and one GPS antenna. 563-231-38 1914 Sweetwater Cingular CUP-2002-3
Located on an existina 75 foot tall pole sign for the SweetwaterTown and Country Shonning Center. 564-310-37 3737 Sweetwater Cingular CUP-2002-4
72,foot tall monopine with standard equipment enclosure 556-101-15 241 National City Blvd Cingular CUP-2002-6
12 panel antennas behind four new partial parapet walls atop an existina furniture store; four equipment cabinets outside 558-200-24 2415 E 18th Cingular CUP-2002-13
Panel antennas located inside new liaht standards; equinment located inside existing commercial buildina 556-354-13 716 Highland AT&T CUP-2002-14
Six facade mounted panel antennas with equipment on roof of PacBell switching station. Equipment screened to match existing.
556-590-61 1019 Highland Sprint PCS CUP-2002-24
6 panel antennas in a new monument sign in the South Bav Plaza shopping center 556-590-61 1019 Highland Cingular CUP-2002-2
Located atop South Bay Plaza on an existing mechanical equipment screen. 552-283-11 2323 E Division Sprint CUP-2004-6
3 panelantennasina 9x1Ox16 roof-mountedcupola
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52 53
55 57
58 60
61 63
64 65
67 68
560-191-30 1701 DAve Nextel CUP-2004-12
12 panel antennas on a 57' faux broadleaf tree with 230 square foot equipment enclosure 551-570-20 51 N Highland Sprint CUP-2004-15
2 panel antennas in a 45' flaqpole with 4 wall-mounted equipment cabinets 563-231-39 1914 Sweetwater Nextel PC Reso 20-2002
2 panel antennas in a 45' flagpole with 4 wall-mounted equipment cabinets 554-120-24 2701 E 8th Cingular PC Reso 02-2001
Co-locationin churchspire-3 antennas within existino architectural feature 554-120-24 2701 E 8th T-Mobile CUP-2000-19
Located at existing church. Antennas located in a GO-footmonument. 554-120-24 2701 E 8th Sprint CUP-2000-27
12 panel antennas mounted on exterior of self-storage building and painted to match; all equipment located inside of the buildings
554-120-24 2701 E 8th AT&T CUP-2000-19
Located at existing church. Antennas located in a 60-foot monument 558-030-30 1035 Harbison Nextel CUP-2005-3
12 panel antennas on a monopalm with 299 SQ.ft. equipment enclosure. 556-510-12 914 E 8th Cingular CUP-2005-10
12 panel antennas on 39-ft monopine with 280 sa. ft. equipment shelter 559-040-53 1439 Tidelands Cingular CUP-2005-9
12 panel antennas on monopalm with associated equipment shelter 559-040-53 1445 Tidelands Nextel CUP-2000-31
40-footmonopalmwith three sectors of four antennas each and equipment shelter 562-200-02 2900 Highland Cingular CUP-2005-12
3 antennas on replacement light standard with associated equipment shelter 563-010-47 2605 Highland Cricket CUP-2006-11
3 antennas in new architectural feature of church with associated equipment 563-010-47 2605 Highland Sprint CUP-2002-18
Six panel antennas and equipment inside a new 54 foot tall monument/cross/sion. 557-420-31 1900 E Plaza Cricket CUP-2006-6
3 antennas on new faux palm tree with associated equipment 557-420-31 1900 E Plaza Cingular CUP-2004-4
5 panel antennas in a new pole sign at Jimmy's Restaurant 561-222-23 1526-40 E 18th T-Mobile CUP-2006-10
12 panel antennas on a new 45-foot tall faux pine tree with associated equipment shelter 564-471-07 3030 Plaza Bonita Rd Cingular CUP-2005-24
12 antennas facade mounted to new rooftop enclosure that will house equipment 332 of 379
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68 69
70 71
72 73
-564-471-07 3030 Plaza Bonita Rd Verizon CUP-2003-13
12 panel antennas on the roof of the Plaza Bonita Mall behind a screen wall 559-106-17 525W20th Cricket CUP-2005-25
3 antennas on existing self storage buildina painted to match with associated equipment 559-106-17 525W20th Sprint CUP-2001-4
Located on existina storaae building. Wireless communication facility- 9 antennas and equipment building. 554-050-15 2005 E 4th Cricket PC Reso 09,2003
3 antennas on existing light standard with associated equioment shelter 554-050-15 2005 E 4th Cingular CUP-2003-5
12 panel antennas on a replacement 100 foot light standard in EITovon park and a 160 square foot eauipment enclosure. 554-050-15 2005 E 4th GTE CUP-1998-4
Located in EITovon Park. Cellular facility- 97'8" monopole with twelve panel antennas, three omni antennas, and 192-sqfoot equipment building.
554-050-15 2005 E 4th Nextel CUP-2005-15
12 panel antennas on a 47-foot tall faux-broadleaf awith 230 sq. ~equipment shelter 564-290-06 3820 Cagle St Cricket PC RESO 10-2004
3 antennas on existing faux pine tree with vaulted eauipment shelter 564-290-06 3820 Cagle St Sprint CUP-2001-2
Located at Sweetwater Heights Centennial Park. Wireless communication facility- 35-foot pole with six antennas, equipment building and adiacent liahting for the park.
564-290-06 3820 Cagle St T-Mobile CUP-2004-3
Located at Sweetwater Heights Centennial Park. Wireless communication facilitv- 55-foot monopine with twelve panel antennas and equipment building
564-290-06 3820 Cagle St Cingular PC Reso 11-2002
Co-location on 55-foot monopine - additional 12 panel antennas and new 275 SQ.ft. eauipment vault 669-060-26 5800 Boxer Rd Cricket PC RESO 32-2003
3 antennas on existina water tower with associated equipment shelter 669-060-26 5800 Boxer Rd T-Mobile CUP-2003-16
12 panel antennas on the outside of the 0.0. Arnold water tank and a 150 square foot equipment enclosure adiacent to the tank 669-060-26 5800 Boxer Rd Sprint PC Reso 32-2003
6 panel antennas on the outside of the 0.0. Arnold water tank and a 360 square foot equipment enclosure adjacent 669-060-26 5800 Boxer Rd Cingular CUP-2005-21
12 panel antennas on the outside of the 0.0. Arnold water tank and a 520 square foot equipment enclosure adjacent 562-330-43 152 W 33rd Cricket PC Reso 21-2002
3 antennas on existing self storage within matchinq architectural proiection with associated eauioment 562-330-43 152 W 33rd Sprint CUP-2002-8
12 panel antenas mounted on exterior of self-storage buildina and painted to match; all equipment located inside of the 333 of 379
I-'
0,
74 75
76 78
79 80
81 82
83 85
86 555-053-17 700 NCB Cricket PC Reso 05-2000
3 antennas facade mounted to existina hotel with associated equipmen 555-053-17 700 NCB Metricom CUP-2000-4
Located atop Holidav Inn. Wireless communication facilitv with eauipment cabinet. 555-053-17 700 NCB Skytel CUP-2000-30
Located atop Holidav Inn Hotel. - 8-foot whip antenna, two 4x2-foot panel antennas, and one GPS antenna with two indoor equipment cabinets.
560-203-03 1800 National City Blvd Nextel CUP-2006-15
15 panel antennas behindscreen wall atop existina car dealership with associated equipment 561-360-35 1810 E 22nd Cricket 2007-14 CUP
3 antennas on recration building at Las Palmas Park
561-360-35 1820 E 22nd Sprint-Nextel CUP-2000-8
Located in Las Palmas Park. Monopalm and eauipment along with live palms. 560-143-36 1703 Hoover Cleawire 2009-22 CUP
9 antennas located on 3 different locations on industrial/ warehouse building. Each location will have 2 pannel antennas.

Associated equiptment will be located in buildina
559-160-33 700 Bay Marina Dr Cleawire 2009-23 CUP
9 antennas on tower of Marina Gateway Plaza commercial building hidden behind parapet wall. 6-foot tall equiptmant cabinent on roof below tower will be mostly covered
560-151-20 142 E 16th AT&T 2010-11 CUP
6 panel antennas and RF transparent cupola atop National City Ministry Church, as well as a 330 sq ft equipment/storage/trash enclosure on the ground. The 8-foot tall Cupola will have a cross afixecl to it in order to appea as part of the church
561-271-01 2005 Highland Ave Plancom 2010-31 CUP
12 antenas on a 43-foot mono-palm on eastern property line .
561-271-01 2005 Highland T-Mobile CUP-2003-4
12 antennas on the roof of a HiQhland Avenue office building 561-271-01 2005 Highland Cingular CUP-2006-2
12 antennas on the roof of a Highland Avenue office building with new cupola to match existing 563-184-47 2909 Shelby Dr P95-025
75-foot monopole and equipment building.
563-062-17 2524 Prospect St AT&T ZAP99-028
35-foot monopalm with three sector directional antenna system and equipment cabinets. 564-310-32 3312 Bonita Heights Lane AT&T ZAP00-133
563-063-29 2563 Grove St AT&T MUP91-026W2
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86 563-063-29 2563 Grove St P91-026W
Monopole located aside live palm trees .
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CITY OF NATIONAL CITY- PLANNING DIVISION
1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950

NOTICE OF PUBLIC HEARING

CONDITIONAL USE PERMIT FOR THE RELOCATION OF

AN EXISTING WIRELESS COMMUNICATIONS FACILITY
LOCATED AT 1320 HIGHLAND AVENUE.

CASE FILE NO.: 2022-02 CUP
The National City Planning Commission will hold a public hearing at their regular online meeting after the hour of 6:00 p.m. Monday, February 7, 2022 on the proposed request. The meeting will be LIVE WEBCAST from the City Counci l Chamber, 1243 National City Boulevard, National City, California. (Applicant: Verizon Wireless) Due to the precautions taken to combat the spread of coronavirus (COVID-19), City Hall, including the City Council Chambers, are closed to the public. Anyone interested in this public hearing may observe it on the City's website at
http://www.nationalcityca.gov/government/city-clerk/council-webcast.

The current project site is a wireless communications facility located on an artificial pine tree in the rear of the 99 Cents Only store located at 1320 Highland Avenue . The facility is adjacent to Kimball Way. As part of the pending Kimball Highlands / San Ysidro Health (PACE) Clinic project, the facility will need to be relocated. The applicant is proposing to relocate the facility to the roof of the Kimball Tower building across Kimball Way to the west. All new equipment will be roof-mounted and antennas will be screened to match the architectural style of the building.

Members of the public are invited to comment. Written comments should be received on or before 4:00 p.m., February 7, 2022 by the Planning Division, who can be contacted at 619-336-4310 or planning@nationalcityca .gov.

If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the publ ic hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing.

NATIONAL CITY PLANNING DIVISION
20 336 of 379

COMMUNITY DEVELOPMENT DEPARTMENT- PLANNING DIVISION
1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950

NOTICE OF EXEMPTION
TO: Assessor/Recorder/County Clerk
Attn: Fish and Wildlife Notices
1600 Pacific Highway, Suite 260
San Diego, CA 92101
MS: A-33
Lead Agency:

Proiect Title:

City of National City
2022-02 CUP
Project Location: 1317 'D' Avenue, National City, CA.

Contact Person: Martin Reeder Telephone Number: (619) 336-4313 i
Description of Nature, Purpose and Beneficiaries of Project:

Conditional Use Permit for relocation of an existing wireless communications facility to the roof of a multi-unit residential building. The project would facilitate a regional housing and health project and improve signal strength and service area for Verizon Wireless customers:

Applicant:

Annette Banuelos
Fulsang Architecture, Inc.
3471 Via Lido, Suite 202
Newport Beach, CA 92663
Exempt Status:

Telephone Number:
(949) 838-4139
~ Categorical Exemption. Class 3 Section 15303 (New Construction or Conversion of small structures)
Reasons why project is exempt:

There is no possibility that the proposed use will have a significant impact on the environment because the facility will be located on the roof of an existing multi-unit residential building, the antennas will be screened and will not affect use of the property.

Date:
21 MARTIN REEDER, AICP
Principal Planner
337 of 379
Martin Reeder
From: Martin Reeder
Sent:

To:

Monday , February 7, 2022 10:20 AM
Tonya Hussain
Subject: FW: Wireless Relocation
From: David Welch
Sent: Tuesday, February 1, 2022 4:23 PM
To: Martin Reeder <mreeder@nationalcityca .gov>
Subject: FW: Wireless Relocation
FYI
From: Maria Mora
Sent : Tuesday, February 1, 2022 4:17 PM
To: Planning <Planning@nationalcityca .gov>
Subject: Wireless Relocation
CAUTION: This email originated from outside your organization. Exerc ise caution when opening attachments or clicking links, especially from unknown senders.

I disagree with this proposal. I am a cardiac patient in critical care and have a pacemaker /defibri llator implanted in my chest. All this equipment can interfere with my device. I am 100% dependent on this device. My heart will stop without it and I will die.

I live on the 6th floor in Kimba ll Towers. There may be other residents here, that have pacemakers , defibrillators or other life saving equipment that would be affected.

Please reconsider another location. This is a life and death matter for some of us.

Thank you for your consideration.

Sincerely,
Maria S. Mora
Sent from Yahoo Mai l on Android
ATIACHMENT3
1 22
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RESOLUTION NO. 2022-03

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF NATIONAL CITY, CALIFORNIA,

APPROVING A CONDITIONAL USE PERMIT FOR

THE RELOCATION OF AN EXISTING WIRELESS COMMUNICATIONS FACILITY LOCATED AT 1320 HIGHLAND AVENUE.

CASE FILE NO. 2022-02 CUP
AP N: 560-41 0-03 & 560-41 0-05
WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for the relocation of an existing wireless communications facility located at 1320 Highland Avenue at a duly advertised public hearing held on February 7, 2022, at which time oral and documentary evidence was presented; and, WHEREAS , at said public hearings the Planning Commission considered the staff report contained in Case File No. 2022-02 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing ; and ,
WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and,
WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare .

NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on February 7, 2022, support the following findings :

ATTACHMENT 4
23 339 of 379
DocuSign Envelope ID: F69623AF-696C-4367-BDF4-F8300AA56B36

2. That the proposed use is consistent with the General Plan and any applicable specific plan, because General Plan Policy E-3.3 encourages access lo wireless internet connections, computers, and other forms of communication technology: the proposed facility modifications provide increased internet/cellular data as well as standard cellphone service capability. In addition, the proposed facility is a conditionally-permitted use in the RM-3 zone.

4. That the site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, because the building on which the facility will be located is existing, no expansion or future use that the proposal would conflict ·with is anticipated, and the facility will meet all development standards and distance requirements.

5. That granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, .because the proposed facility will not be highly visible due to the height of the building compared to other development in the area, and because of screening walls around the antennas. ·

General

1. This Conditional Use Permit authorizes the relocation of an existing wireless communications facility at 1320 Highland Avenue to the roof of Kimball Tower located at 1317 'D' Avenue. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File No. 2022- 02 CUP, dated 1/26/2022. Any additional antennas or facilities must be in substantial conformance with the design for installation shown on these plans.

The applicant shall also submit evidence to the satisfaction of the Planning Division that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the City Manager or assign prior to recordation.

3. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department.

4. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section

18.12.040 of the Municipal Code.

Building

6. Plans submitted for improvements must comply with the current editions of the California Fire Code (CFC), National Fire Protection Association (NFPA), and California Code of Regulations (CCR).

7. The National City Fire Department shall be involved with all fire inspections for this site. Rough inspections are required for all phases of work.

Planning

8. All appropriate and required local, state and/or federal permits must be obtained and/or modified prior to operation of the wireless communications facility.

11. The permittee shall not object to co-locating additional facilities of other communication companies and sharing the project site, provided such shared use does not result in substantial technical or quality-of-service impairment for the permitted use. In the event a dispute arises with regard to co-locating with other existing or potential users, the City may require a third party technical study at the expense of either or both the applicant and the complaining user. This condition in no way obligates the City to approve any co-location proposal if it is determined by the City not to be desirable in a specific case.

BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council.

BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing.
26 342 of 379
DocuSign Envelope ID: F69623AF-696C-4367-BDF4-F8300M56B36 CERTIFICATION:

This certifies that the Resolution was adopted by the Planning Commission at their meeting of February 7, 2022, by the following vote:

AYES: Send!, Sanchez, Dela Paz, Natividad, Yamane, Valenzuela, Roman NAYS: None.

ABSENT: None.

ABSTAIN: None.
27 Ditas Yamane 2/14/202213:17 PM PST
343 of 379
N
co

SCOPE OF WORK
THE SCOPE OF WORK CONSISTS OF:

PROPOSED EOU1Pl.1ENT STEEL P\.ATFORM

PROPOSED CABINETS

PROPOSED ANTENNAS

PROPOSED GENERATOR
CONTRACTOR SHAU. FURNISH ALL MATERIAL WITH

THE EXCEPTION OF VERIZON SUPPLIED MATERIAL

ALL MATERIAL SHAU BE INSTALLED BY TH E
CONTRACTOR, UNLESS STATED OTHERWISE.

REAL ESTATE!
RF:

CONSTRUCTION:

OPERATIONS:

FACIUTIES:

APPROVALS
EQUIPMENT ENGINEERING:

VICINITY MAP REGIONAL MAP

NO SCALE
verizon "

MORGAN KIMBALL

INITIAL BUILD - RELO
1317 D AVENUE
NATIONAL CITY, CA 91950
ATTACHMENT 5

DIRECTIONS

SCAN QR CODE

FOR LINK TO

SITE LOCATION
MAP
•
. :
~ . ~

PROJECT CONSULTANTS
APPLICANT REPRESENTATIVE: FULLERTON ENGINEERING CONSULTANTS, LLC ADDRESS: l l 00 E. WOODFIELD ROAD, SUITE SOD
CONTACT:

PHONE:

EMAIL:

APPLICANT:

ADDRESS:

SCHAUMBURG, llUNO tS 60l73

PATRICK JNKMANN
(9 49) 400-6368
pln kmann Ofullerton engineering.com

VERIZON WIRELESS
15505 SANO CANYON AVENUE
IRVINE. CA 92618
ENGINE.ER/STRUCTURAL: FULLERTON ENGINEERING CONSULTANTS, LLC 1 100 E. WOODFIELD ROAD, SUITE 500
SCHAUMBURG. ILLINOlS 60173
ADDRESS:

CONTACT:

PHONE:

EM.All:

SITE NAME:

LOCATION NUMBER:

SITE ADDRESS:

PROJECT TYPE:

SITE TYPE:

COUNTY;
JURISDICTION:

SITE COORD1NATES:

LATITUDE:

LONGITUDE:

SARGIZ MIRZAEI
(847) 908-8497
smin:oeiOrult ertonengin eering.com

PROJECT INFORMATION

MORGAN KIMBALL
270198
1317 D AVENUE
NATIONAL CITY, CA 91950

ANTENNA ADD

ROOFTOP

SAN DIEGO

CITY OF NATIONAL COY
GROUND ELE.V. {A.M.S.L}:

FROM RFOS

32. 67297T
-117 .1002055 "
15'
TOWER OWNER: COMUNITY HOUSING WORKS
2815 CAMINO DEL RIO SOUTH
SAN DIEGO, CA 92108
~
Know whars below.

PROPOSED USE, TELECOM~UNICATIONS F'A.CIUTY Call bofore youdlg.

ALL WORK ANO MATER~S SHALL BE PERFORMED ANO INSTAUEO IN ACCORDANCE WffH THE CURRENT EDITIONS OF THE FOLLOWING CODES AS ADOPTED BY THE LOCAi.. GOVERNING AUTHORlTIES.
2019 CALIFORNIA BUILDING CODE
201 9 CAUFORNlA RESIDENTIAL. CODE
2019 CALIFORNIA MECHANICAL CODE
2019 CAUFORN\A PLUMBING CODE
2019 CALIFORNIA ElECTR<:AL CODE
2019 CAUFORNlA GREEN CODE
CITY/COUNlY ZONtNG
ORDl~C ES
FACIUTY IS UNMANNED ANO NOT FOR HUMAN HABrTATION.

ADA ACCESS REQUIREMENTS ARE NOT REQUIRED.

THIS t AC1UTY DOES NOT REQUIRE POTABLE WATER ANO WIU NOT PRODUCE Af.N SE\YAGE
verizon'-'

VERIZON WIRELES S
15505 SANO CANYON AI/ENUE
IRVINE, CALIFORNIA 92618
(949) 286-7000
i) ULLERTON
1100 E. WOOOF'IELO ROAD, SUITE
500
SCHAUMBURG, ILLINOJS 60173
TEL: 847-908-8400
WWVj.f'ullertonEngineertng .com
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PREPARto BY ME OR UNDER lolY O~ECT
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SITE NAME
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MORGAN KIMBALL
LOCATION NUMBER:
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T-1 I TITLE SHEET

DRAWING INDEX I SITE AOORESS
z -1 I SITE PLAN
Z-2 I ROOF PLAN

Z-J I ELEVATIONS
l--+-----------------------1
t---+----- -------------------1
pRAWING SCALES ARE FOR 11·x11 · SHEETS
1317 D AVENUE
NATIONAL Cl1Y, CA
91950
Sl1EO NAME

TITLE SHEET

SHEET NUMBER
T-1
PROJECT, - 202cro2tJ.0012
344 of 379
N
ID

GENERAL ABBREVIATIONS
/>FF
AGL
AMSL
APPROX
ATS
AWG
BLOC
~LR
COL
CONC
CNO
DIA
owe
FT
EGB
ELEC
EMT
ELEV
EQUIP
W,
FND
F
CA
CALV
CPS
GNO
LP
MAX
MFR
MGB
MIN
MTS
N.T.S.
o.c.

OE/OT PPC
PL
RGS
IN
INT

LB(S), I
SF
STl
TYi'
UE/lJT
UNO
"" ~/MR

ABOVE FINISHED FLOOR

ABOVE GRADE LEVEL
ABOVE M~N SEA LEVEL

APPROXIMATE

AUTOMATIC TRANSFER SWITCH

AMERICAN WIRE CAUCE

BUILDING

CENTERUNE
CLEAR

COLUIAN

CONCRETE

CONDUIT

DIAMETER

DRAWING
E1 ,,
E

EXTERIOR

GROUND BAR
,L
.L UETALUC TUBING

FOUNDATION
FIBER
CAUCE
CALVAN!ZED
GLOBAL POSrTIONING SYSTEM
GROUND

LIQUID PROPANE
lrMXJM UM

MANUFACTURER

MASTER GROUND BAA

MINIMUM

MANUAL TRANSFER SWITCH

NOT TO SCALE

ON CENTER

OVERHEAD ELECTRIC/TELCO
POWER PROTECTION CA.BINET

PROPERTY LINE

RIGID GALVANIZED STEEL
1~~1~5d
~~~~~S~OOT
STEEL

TYPICAL
1ili'Ei ~lf~l:0~GELCO
IN FIELD .H

TRANSFORMER

TELECOM ABBREVIATIONS

AWS ADVANCED WIRELESS SERVICES

C CELLULAR

LTE LONG TERM EVOLUTION

PCS PERSONAL COMMUNICATIONS

SERVICES

RRU REMOTE RADIO UNIT
TIM TOWER MOUNTED AMPLIFl ER

SYMBOLS
£ REVISION
.. WORI< POINT
'U., UTILITY POLE
~ BRICK
~ COMPRESSED S10NE
~ CONCRETE
=
EARTH
, .............. , CRAVEL
- - -- - - CENT£RUNE
---- - - PROPERTY LINE
- --- -- Lf.ASE UNE
- - · - £ASEMENT LINE
FENCE
--x--x-- CHAJNUNK
-0--0-- WOOD
-----0-----0-- WROUGHT IRON
- -E ---£ -- ELECTRIC
--OE - OE-- OVERHEAD
--UE-UE -- UNOERGROUNO
- -F--F-- FlBER
- - Of- Of- - OVERHEAD --UF-Uf'- - UNDERGROUND
- - T--T-- TELEPHONE
--01-01 -- 0\/ERHEAO
--VT-UT - - UNDERGROIJNO
--oc-oc- - OCPOWER
\",,

SITE PLAN

PROPOSED VERIZON
WtREL.£S5 PROJECT AREA.

SEE C- 2 FOR ROOF PLAN
®
SCALE: 1. = 80' -o· I 1
verizon"'

VERIZON WIRELESS
15505 SANO CANYON AVENUE
IRVINE, CAJ..IFORNIA S2S 18
(949) 286-7000
jJULLERTON
i 100 E.. WOODFIELD ROA(), SUITE
soo
SCHAUMBURG. ILLINOIS 60 17J
TEL: 647-908 - 8400
www.f1JUertonEngineerln9.c om
RtVI D,t.T[ D€SC•P110N
Al12/17/21 90% R_EVIEW
BY
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I HERE8T CERTIFY THAT THESE OR.\WINCS WER[
PREPARED 8Y ME OR IJNOER WY DIRECT
SUPERVISION ANO CONTftOL. ANO TO TH[ BEST
or .. .,. KNOWU.OGE ANO BEUEr COMPlY WITH
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#
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SITE NAME

MORGAN KIMBALL
LOCATION NUMBER:
27019 8

SITE ADDRESS -- - -
1317 D AVENUE

NATIONAL CITY, CA
91950

SHEET NAME

SITE PLAN
SHEET NUl.1BER
Z-1
PROJECTI 2020.0223.0012
345 of 379
w
0 1i'
]:!
SECTOR: BETA
AZIMUTH: 235"
~ PROPOSED VERIZON WlREl.LSS CABL.£. TRAY
{TYP.)

EXISTING PENTHOUSE
rr=================rr===i=="i6rr== ==== ===l==/,=9 '=='====i JI II
----::::::Ir::::::::::[[:::::::::JJ::::::::::~:-_:::: ::~::::::: :::o::::::::: : ~7~~:c5-:: :::::_

PROPOSED EQUIPMENT
12'-0" X 15'-D" LEA.SE AREA
PROPOSED VERIZOtJ WIRELESS

EQUIPMENT ON PROPOSED VZW

STEEL PLATFORM WITHIN PROPOSED

12.'-0 "11 ,s·-o· LEASE AREA

T/EX ISTICN ROOF'
ELEV. • 62'-0 "± AGL
EXfSTTNG PARAPET WALL
(lYP.)
R (ON GROUND) ~;~:~ ~IZON WIR=
SECTOR:GAMMA
AZIMUTH: o·
~ ~ ~ ~ ~
~~~l~~NA--rlf :~~r=_=_=_=_=_=_=_=_=_=_=_:~~~:_:_:~:::.::::::::::+•••••~""""!i:~~~~~::::.::::::~:.::~::j! ·= =·- dJ lQJ :: dJ

PROPOSED VERIZON

WIRELESS ANTENNAS

ON NEW' WALL MOUNTS

PROPOSED VERIZON

WIREUSS ANTENNAS

ON NEW WALL MOUN'TS
(lYP.)
=========§§a§§§ffi =§§§§§§§a§§
1---~ j
(lYP.)
197'- 5 3/4.

SECTOR:ALPHA
AZIMUTH: 1 oo·
214'-9 J/4"
@
ROOF PLAN SCALE: \ • a 20' - 0· 1 1
verizon"'

VERIZON WIRELESS
15505 SAND CANYON AVENUE
IRVINE. CALIFORNIA 92618
(949 ) 286,,7000
[ >ULLERTON
1100 E. WOODFIELD ROAD, SUITE
500
SCHAUMBURG, ILUNOIS 60 173
TEL: 647-908 - 8400
www.f'ullert.onEnglneeri ng.com
REV I DAT[ DESC"l" lDH
A 112/17/2 1 90~ REVIEW g_
I HERUIY CERTIFY THAT THESE ORAWIHCS WE~E
PREPA.REO BY 1,1[ ~ UNOEA WY O~ECT
SUPCRVISION AHO CONTROL. AHO TO THE BEST
OF' WY KNOWLEO(;[ ANO IIOJEF COMPLY WITH
1HE REOUIAEMEN1S or AU. APPUCABL E CODES.
# ~<fc,
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SITE NAME

MORGAN KIMBALL
LOCATION NUMBER:
270198

SITE ADDRESS
13 17 D AVENUE
NATIONAL Cll'f, CA
91950

SHEET NAME

ROOF PLAN

SHEET NUMBER
Z-2
PROJECTI 2020.022J. 0012
346 of 379
w ......

OP I N WA

PROPOSED VERIZON WIRELESS
SCREEN WAU. (TYP.)
/j

PROPOSEO VERIZON WIRELESS

ANTENNAS ON NEW WALL MOUNT
-,._,~ELEV~. • 94'-o •: AGL ~E~s~~ ~l~ii~~~Jw
STEa PLATFORM wrrHIN PROPOSED ·:.,,1 : ·:·. ,.•, ~
, 1,J'ROPQS~ .ZQN WIRELESJi ANTEN~ ~ ----- - IN / 12·-o·, 10·-o· l.£.<SE AREA 1·1<~/:. {';-'. :,-,: '---PROPOSED VERIZON WIRELESS Va:Ev - ··-· * AGL '--- Ill' ,_ :.·, ·-··. ·. ' ·Y . SCREEN WAU. (TYP.) ~ ge-i.'':Tl~;._:o~".'ciL .•-·:.· .. ,· .. · .: ... ;';' '.·' ,: . .-,_. .... ,., ..... , ... ·· .. . ---"·f: ·' ·. ·.• ., .,;._.~:·.: .. ,. ·, . .- ,:.,.oc,.-,·.:. .. '" ·.: :-· •. , '• .:, ,.,.,, .. , ·'··~ PROPOSED VERtZON WIREl.ESS
ANTOIN,t,S ON NEW WALL MOUNT
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V mv. = a,·-n AGL ~\ I I I • '}
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PROPOSED VERIZON WIRELESS
SCREEN WAU. (TYP.)
PROPOSED VERIZON WIRELESS- -----~
SCREEN WAU. (TYP.)
PROPOSED VERIZON WIRELESS--- ---.

ANTENNAS ON NEW WAU. MOUNT
PROPOSED VERIZON WIREl.£SS
EOUIPl.4ENT ON PROPOSED VZW
STEEL PLATFORM WfTHJN PROPOSED
12'-0'" ,i 15'-o· l.£ASE AREA
~ ~o~~ 9Y~l~~~R£LESs ANTEN~ RADLENW!~ _ ..
~ Tl ~ ISTING PARAPET I~/'( 4 ,<f <l 4 4 4 4 4 -11~ 4 4 4 4 Jf 41::::1 4 4 u ELEV. - 85'- 0&± ACL ffl l I ~ A T/ EXISTING ROOF
V ELEV. • 81'-0"± AGL
KIMBALL TOWER BUILDING------------- """
$ ;;' E~~iioN o·-o·
PROPOSED NORTHEAST ELEVATION SCALE, , · • JO'-o" I 2
verizon"'

VERIZON WIRELESS
15505 SANO CANYON AVENUE
IRVINE, CALIFORNIA 9281!1
(949) 286-7000
r uLLERTON
1100 E. WOOOFlELD ROAD. SUITT
500
SCHAUMBURC, ILUNOIS 60173
TEL: 847-908 -8400
www.fullertonE ngineering.com
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$UP[JMSION At<O CONTftOL, AHO Ttl THE BEST
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SITE NAME

MORGAN KIMBALL
LOCATION NUMBER:
270198

SITE ADDRESS
1317 D AVENUE
NATIONAL CllY, CA
9 1950

SHEET NAME

ELEVATIONS

SHECT NUMBER
Z-3
PROJECTI 2020.022.1 001 2
347 of 379
Public Hearing
Conditional Use Permit
for relocation of existing
wireless communications facility
at 1320 Highland Avenue
2022-02 CUP
ATTACHMENT 6
32 2/15/2022
1 348 of 379
Site Characteristics :
).:, Current location is rear of 99 Cents Only Store parking lot (1320 Highland Avenue)
}.> Facility is adjacent to Kimball Way
).:> Proposed relocation site is roof of Kimball Tower across Kimball Way @ +/- 100 feet
).:, Existing CUP approved in 2015
).:, Relocation is in association with Kimball Highlands and San Ysidro Health PACE Clinic project
).:, Current zoning is MXD-2 - Proposed zoning is RM-3
Proposal:
> Current project site is an artificial pine tree in the rear of the 99 Cents Only store parking lot
)-' Area to be redeveloped with pending Kimball Highlands I San Ysidro Health (PACE) Clinic project
}> Facility will need to be relocated
:S.- Applicant proposing to relocate facility to roof of Kimball Tower
> 250 feet to west across Kimball Way
)-' All new equipment roof-mounted
> Antennas will be screened to match style of building
33 2/15/2022
2 349 of 379
Elevation
I~
N WIRELESS PROPOSED 1/ER~E\V WALL I.COUNT I

RJZON WIRELESS
A.'ITWNAS ON I

1.....-;r f--- PROPOSEO \IE (TYP)
1a. SCREEN WALL . .r.
~, • w,-<c.•--:·::··:,·:~~i
I I I I 11 1 I _J \~~;: ..
r
I
-
L
I
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I 10 I I I~ .1.J}f .... ...
34 r
I
I
I
2/15/2022
3 350 of 379
Elevation
r ~{/ r-1 I n~ ·-
I
F
~
:1<::
.. .
- .. .~~: . • .
.. ! ·
. . ·:
• ' . ·.
-~ -
I = I i rrliiiL_
Analysis:
~ Consistent with General Plan policy E-3.3 (Education
and Public Participation)
>" Increase access to wireless internet connections, computers, and other forms of communication technology
~ Consistent with the Land Use Code
> Conditionally-allowed use in RM-3 zone
> Exception required in residential zones (Finding No. 7) )" Screening of facility
)" Located at least 75 feet from habitable structures on other properties
35 2/15/2022
4 351 of 379
Analysis (cont.):
>- Public noticing - 622 people
>- Public Comment
);> 61h floor resident of tower
>- 1996 Telecommunications Act
);> No regulation based on RF emissions
);> Compliance with FCC limits
Conditions/Summary:
>- Conditions of Approval
);> Standard condit ions specific to wireless facilities > Agency permits
> Building & Fire code compliance
> Colocation
)-' Use consistent with General Plan and LUC
>- Meets all applicable design requirements
)-' Considered 'stealth'
>- Maintain coverage in the area
>- Facilitate priority City project
36 2/15/2022
5 352 of 379
Options:
);;> Approve CUP based on attached findings/ find ings
determined by the Commission; or
);;> Deny CUP based on findings/ findings determined by the Comm ission; or
);;> Continue the item for addit ional informat ion
);;> Staff recommend ing approval
);;> Notice of Decision to City Council
Elevation
~ ~ I -F.:.:
r. ,_ I
·-,.

I
I I
..
·' '• - . . .

I I
. . . . .
. . .

I
I
!
I
I
I
I
I I
I
I
I
--,
ia. I 1',L ' = IJ - 1
37 2/15/2022
6 353 of 379
354 of 379

The following page(s) contain the backup material for Agenda Item: Discussion of COVID related protocols pertaining to City Council Meetings and City Council appointed Boards, Commissions and Committees (BCCs). (City Clerk)
Please scroll down to view the backup material.
355 of 379

CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT

A-200 (5/07)
ITEM TITLE:

PREPARED BY: DEPARTMENT:

PHONE:

EXPLANATION:

APPROVED BY:

AGENDA ITEM NO. MEETING DATE: March 1, 2022
ENVIRONMENTAL REVIEW:

FINANCIAL STATEMENT: APPROVED: Finance
ORDINANCE: INTRODUCTION:

ACCOUNT NO.

STAFF RECOMMENDATION:

BOARD / COMMISSION RECOMMENDATION:

RECOMMENDATION:

ATTACHMENTS:

Shelley Chapel
________________

Discussion of COVID Related Protocols Pertaining to City Council Meetings and City Council Appointed Boards, Commissions and Committees (BCCs) (City Clerk).

City Clerk’s Office
On March 17, 2020 Governor Newsom issued Executive Order N-29-20, which allowed for relaxed provisions of the Ralph M. Brown Act (Brown Act) that allowed legislative bodies to conduct meetings through teleconferencing without having to meet the strict compliance of the Brown Act. All provisions of the Executive Order concerning the conduct of public meetings expired on September 30, 2021. As a result of the pending expiration the Governor signed AB 361 into law on September 16, 2021, which went into effect immediately. This amended the Brown Act to allow local agencies to continue to use teleconferencing and virtual meeting technology such as Zoom after the September 30, 2021 expiration as long as there is a proclaimed state of emergency by the Governor.

The City Council has made determinations since September to continue to conduct meetings through teleconferencing or Zoom. City Council has asked that this item return for discussion to determine whether the City Council and City Boards, Commissions and Committee Public Meetings shall remain virtual or return to in- person meetings, with various options for member attendance and public comment.

See attached for a detailed explanation and a comparison survey of City Council meeting protocols in SD area cities.

Shelley Chapel, Deputy City Clerk
A. Explanation
B. Survey of City Council Meeting COVID Protocols in SD County Cities This action is not subject to review under the California Environmental Quality Act (CEQA) FINAL ADOPTION:

APPROVED: ________________ MIS
This report does not reflect financial any changes to the budget at this time.

Discuss the current COVID related public meeting protocols, and provide staff direction.

None.
619-336-4228
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Page 1 of 3 ends

Discussion of COVID Related Protocols Pertaining to City Council Meetings and City Council Appointed Boards, Commissions and Committees (BCCs) On March 17, 2020 Governor Newsom issued Executive Order N-29-20, which allowed for relaxed provisions of the Ralph M. Brown Act (Brown Act) that allowed legislative bodies to conduct meetings through teleconferencing without having to meet the strict compliance of the Brown Act. All provisions of the Executive Order concerning the conduct of public meetings expired on September 30, 2021.

As a result of the pending expiration the Governor signed AB 361 into law on September 16, 2021, which went into effect immediately. This amends the Brown Act to allow local agencies to continue to use teleconferencing and virtual meeting technology (Zoom) after the September 30, 2021 expiration as long as there is a proclaimed state of emergency by the Governor.

The City Council has made determinations since September to continue to conduct meetings through teleconferencing via Zoom. Effective February 16, 2022, Governor Newsom announced that the mask mandate is no longer in place for most indoor settings for fully vaccinated people, with the following exceptions where masks are still required:
 Public Transit
 Health Care Settings (including long-term care facilities)  Adult and Senior Care Facilities
 Indoors in K-12 Schools, Childcare and other Youth Settings  State and Local Correctional Facilities and Detention Centers  Homeless Shelters, Emergency Shelters, and Cooling Centers Unvaccinated individuals are still required to use face coverings in all indoors public settings. The State of California Department of Health recommends that fully vaccinated individuals continue to wear masks when in large crowds or risk is high.

City Council has asked staff to summarize options for a return to in-person meetings for City Council and City Boards, Commissions and Committee Public Meetings. Options for consideration are outlined below.

San Diego Area Cities
Staff also surveyed the 17 surrounding cities within San Diego County regarding the format of their City Council meetings. As of February 16, eight remain virtual, nine are meeting in-person only, and one is utilizing a hybrid format for public comment only. A copy of the comparison survey is attached for reference. 357 of 379

Page 2 of 3 ends

Options for Discussion:

Staff has outlined three options for consideration by the City Council regarding meeting formats.

Option 1. Return to In-Person Meetings
 City Council, BCC members, and staff would attend the meetings in-person.  Limit the seating capacity inside the Council Chamber to 50% to allow for social distancing.
 Unvaccinated Councilmembers, staff and members of the public would be asked to wear a mask as outlined by the State Department of Health. Vaccinated attendees could choose to wear masks if they would like.  City Council can utilize the Plexi-glass that has been installed on the dais and behind staff tables in the Council Chamber to provide social distancing.  Staff would provide socially distanced seating in the lobby outside of the Chamber for additional seating options.
 The City Clerk would resume submitting written public comment to the City Council and staff prior to the start of the City Council meeting, as outlined in City Council Policy #104 Rules of Procedure and Order for City Council Meetings. Written comments would no longer be read into the record by City Clerk during the meeting.
 The City Clerk would also resume receiving in-person public comment following City Council Policy #104, which allows for members of the public to submit comments to the City Clerk until the public testimony closes on the agenda item during the meeting.
 Spanish translation would be offered in person.
 City Boards, Commissions and Committees (BCC) would also return to meeting in person in the Large Conference Room at City Hall. Meetings would resume at this location utilizing overflow seating in the lobby for members of the public.

Option 2. Hybrid Options (incl. City Council attendance/Public Comment)  City Council, BCC members, and staff would attend the meetings in-person.  If a City Councilmember chose to teleconference from their home or another remote location they would be subject to the Brown Act, which requires their home address to be posted on the agenda due to requirements under Government Code Section 54953. City Councilmembers would also be required to post an agenda outside of their location 72 hours in advance of the meeting, and their location would need to be accessible to the public. Each teleconference location address would need to be identified in the notice and the agenda of the meeting, and the teleconference location shall be accessible to the public. In addition, under the Brown Act a quorum of the legislative body must participate from locations within the boundaries of the City.
 Virtual public comment via audio and in-person comment would be accepted, in addition to written comment.
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Page 3 of 3 ends

 The City Clerk would resume submitting written public comment to City Council and staff prior to the start of the City Council meeting, as outlined in City Council Policy #104 Rules of Procedure and Order for City Council Meetings. Written comments would no longer be read into the record by the City Clerk during the meeting.
 Spanish translation would be offered in person, while also assisting Spanish speaking individuals with their comments offered virtually.  Staff would manage in person and incoming public comment via Zoom audio only.

A hybrid option may require additional technology purchases to support the virtual environment within the City Council Chambers.
 Due to the technology requirements to enable a hybrid meeting option and the limited staffing allocated to our Boards, Commissions and Committees, it is recommended that BCCs do not offer a hybrid option.

Option 3. Remain Virtual
 City Council, BCC members, and staff would attend the meetings virtually.  AB 361 provides City Council Meetings and BCC Meetings to remain virtual as long as findings can be made. To continue to utilize the provisions in AB 361, the meeting must be held during a proclaimed state of emergency in which state or local officials have imposed or recommended measures to promote social distancing.
 The City Clerk would continue to read written comments during the meeting.  Live public comment would be accepted via Zoom.
 Spanish translation would be offered virtually.
 It is important to note that some City Boards, Commissions and Committees have had difficulties maintaining a quorum during the COVID pandemic due to their members not being fully comfortable with technology, despite trainings provided by staff. Moving BCCs back to in person meetings may help alleviate these challenges and may improve attendance enabling those bodies to more effectively reach a quorum and hold consistent meetings.

Staff Recommendation:

Staff requests City Council provide direction to staff on a preferred option for City Council meetings and Boards, Commission and Committee meetings. 359 of 379
As of
February
15, 2022
Currently Meetings are
held: In
Person/Virtual/Hybrid
If virtual/hybrid – do you provide a
call in option for Public Comment
(PC)?
Do you
read PC
into the
record?
Do you allow public to
attend virtually?
Do you have a deadline for Public
Comment? Virtual/In-Person/Hybrid?
Are you
requiring
Council to wear
masks?
Are you limiting
attendees? If so
are you social
distancing
chairs?
Do you allow PC to call in
during meeting?
Do you require
registration for
meeting? If so,
deadline?
Do you allow PC to
be on video during
meeting?
Do you have extra staff helping
you at the meeting to navigate all
of the virtual/hybrid factors?
Comments
Escondido In-Person No No Live Stream Only 4:00 p.m. - At meeting Yes, but can remove to speak.

No No n/a No City Clerk Only
Carlsbad Virtual Yes - Raise virtual hand to speak No Yes for Public Comment 2:00 pm day of 3:00 p.m. meeting n/a n/a Yes No No City Clerk Only Chula Vista In-Person No Call In - Only eComment and live when in-person
No No 5:00 p.m. - At meeting. At the conclusion of
public comment period for each item.

Yes No No No No In-Person: City Clerk and Assistant
City Clerk for duration of meeting and
a City Clerk staff person for first 60
minutes to register speakers.

Virtual: 1 – 2 extra staff
Coronado In-Person Yes via Zoom No Yes for Public Comment 11:00 a.m. day of 4:00 p.m. meeting Yes Yes, 50% capacity Only call in via the Zoom option
11:00 am on the day
of the meeting.

Yes, if they request it. City Clerk Only
Del Mar Virtual Yes No Yes No deadline for live public comment; deadline for written comment is 12pm, we
will distribute if received late
n/a n/a Yes, Zoom and Telecomment No No Acting City Clerk and analyst assisting El Cajon In-Person n/a No No 3:00 p.m. - At meeting Yes Yes, 30% capacity n/a n/a n/a City Clerk Only Encinitas In-Person n/a No No 6:00 p.m. - At meeting Yes No No n/a No City Clerk Only Imperial
Beach
Virtual No Yes Yes for Public Comment 6:00 p.m. - At meeting n/a n/a Yes, Zoom n/a No Yes La Mesa Virtual Yes via Zoom No Will continue to use
Zoom to allow ‘virtual’
live audio comment.

Public Comment can be
in-person, Zoom (mic
only - no Video), and
eComments (written).

Written Comment Deadline only
24 hours prior to 6:00 p.m. meeting
n/a No Yes No No Yes Additional Staff will be required to implement the new change to provide all
options to comment.

Lemon Grove In-Person No No No 6:00 p.m. - At meeting Yes Yes No n/a n/a City Clerk Only Oceanside Hybird - Council In-
Person with public option
to Zoom
No No Yes for Public Comment 5:00 p.m. - At meeting Yes n/a No No Advance Written Request to Reserve Time to Speak: Written requests must
be received in CM Office no later than
10am, seven (7) days prior to the City
Council Meeting with a limit of five (5)
minutes.

Poway In-Person Yes via Zoom No Yes for Public Comment 7:00 p.m. - At meeting Yes Yes Yes No No City Clerk Only San Diego Virtual - Zoom Yes via Zoom No No Written Comment Deadline only 8:00 a.m. day of 10:00 a.m Tuesday Meeting
12:00 p.m. day of 2:00 p.m. Monday Meeting
n/a n/a Yes - Special Telephone Line No n/a Yes
San Marcos Virtual n/a Yes n/a Written Comment Deadline only 4:00 a.m. day of 6:00 p.m. Meeting
n/a n/a No n/a n/a City Clerk Only
Santee In-Person n/a No n/a 6:00 p.m. - At meeting Yes No n/a n/a City Clerk Only Solana Beach Virtual Call In No Yes for Public Comment 6:30 p.m. - At meeting 3:00 p.m. Written Comment Only
n/a n/a Yes No Deputy Works for 1st hour to assist in
naming speakers as they arrive in
meeting environment.

Vista In-Person Yes if Virtual - Raise hand to speak No Yes for Public Comment 5:30 p.m. - At meeting 2:00 p.m. Written Comment Only
Yes No No when in-person. When
virtual can join and provide
comment via Zoom.

No No When virtual, our IT staff co-host the
meeting and handle technical issues.
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The following page(s) contain the backup material for Agenda Item: Resolution of the Community Development Commission-Housing Authority of the City of National City, California ratifying an overage of expenditures in the amount of $42,686.49 for legal services provided by Christensen & Spath, LLP on housing-related matters. (Housing Authority) Please scroll down to view the backup material.
361 of 379

CITY OF NATIONAL CITY, CALIFORNIA

COMMUNITY DEVELOPMENT COMMISSION-HOUSING AUTHORITY

COUNCIL AGENDA STATEMENT

ITEM TITLE:

PREPARED BY: DEPARTMENT:

PHONE:

EXPLANATION: APPROVED BY:

AGENDA ITEM NO. MEETING DATE:

ENVIRONMENTAL REVIEW:

FINANCIAL STATEMENT: APPROVED: Finance
ORDINANCE: INTRODUCTION:

ACCOUNT NO.

STAFF RECOMMENDATION:

BOARD / COMMISSION RECOMMENDATION:

ATTACHMENTS:
___________________
________________
March 1, 2022
Resolution of the Community Development Commission-Housing Authority of the City of National City, California ratifying an overage of expenditures in the amount of $42,686.49 for legal services provided by Christensen & Spath, LLP on housing-related matters.

Housing Authority
Refer to Attachement No. 1 Explanation.

Angelita Palma

1. Explanation

2. Resolution
No CEQA Exemption - This action is not subject to review under the California Environmental Quality Act (CEQA).

FINAL ADOPTION:

APPROVED: ________________ MIS
532-419-462-209-0000; 501-419-462-213-0000; 001-419-475-213-0000; 001-419-462-445-0000; 001-409-500-598-1596
No Fiscal Impact – This report is informational only, there is no fiscal impact associated with the report. The ex
penditures are within the budget; however, the expenses exceeded the agreement amount.

Approve the Resolution.

Not applicable to this report.
(619) 336-4219

362 of 379
Attachment No. 1
City of National City, California
Community Development Commission-Housing Authority
March 1, 2022
Staff Report Explanation

Page 1 of 1 ends

Resolution of the Community Development Commission-Housing Authority of the City of National City, California ratifying an overage of expenditures in the amount of $42,686.49 for legal services provided by Christensen & Spath, LLP on housing-related matters.

The Community Development Commission-Housing Authority of the City of National City (CDC - HA) engages in outside legal support for specialized areas, including advising and drafting documents related to the CDC-HA in its role as a housing authority and providing legal support in developing housing and litigation matters . Since 2009, Christensen & Spath, LLLP, a Limited Liability Partnership, has served the CDC-HA as subject matter expert in areas such as affordable housing, federal and state financing programs and program compliance, Section 8 Program, tax credit financing, bond financing, litigation to include environmental issues, condemnation actions, and enforcement of loan documents and regulatory agreements; deed of trust foreclosures.

Since 2009, Christensen & Spath, LLP has entered into several agreements and agreement amendments with the Community Development Commission of the City of National City, the Successor Agency to the Community Development Commission of the City of National City, and the Community Development Commission-Housing Authority of the City of National City. • 2009 Agreement for Legal Services is made between the Community Development Commission of the City of National City and Christensen & Spath, LLP • 2010 Agreement for Legal Services is made between the Community Development Commission of the City of National City and Christensen & Spath, LLP • 2012 First Amendment to the Agreement By and Between the Successor Agency to the Community Development Commission as the National City Redevelopment Agency and Christensen & Spath, LLP
• 2014 Agreement for Legal Services By and Between the Community Development Commission – Housing Authority of the City of National City and Christensen & Spath, LLP
• 2014 Second Amendment to the Agreement By and Between the Successor Agency to the Community Development Commission as the National City Redevelopment Agency and Christensen & Spath, LLP
• 2014 Third Amendment to the Agreement By and Between the Successor Agency to the Community Development Commission as the National City Redevelopment Agency and Christensen & Spath, LLP
• 2017 Fourth Amendment to the Agreement By and Between the Successor Agency to the Community Development Commission as the National City Redevelopment Agency and Christensen & Spath, LLP
Staff recently found that $42,686.49 in legal services corresponding to housing-related matters of the CDC-HA was processed for payment over the contract authority provided through the 2014 Agreement by and between the Community Development Commission – Housing Authority of the City of National City and Christensen & Spath, LLP. The purpose of the CDC- HA Resolution is to ratify the overage of expenditures in the amount of $38,186.49.

A new agreement with Christensen and Spath, LLP follows this agenda item for consideration by the CDC-HA. The new agreement would authorize the payment of legal services provided by the firm after March 1, 2022.
363 of 379

RESOLUTION NO. 2022 -

RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION -HOUSING

AUTHORITY OF THE CITY OF NATIONAL CITY, CALIFORNIA, RATIFYING AN OVERAGE OF EXPENDITURES IN THE AMOUNT OF $ 42,686.49 FOR LEGAL

SERVICES PROVIDED BY CHRISTENSEN & SPATH, LLP ON HOUSING-RELATED

MATTERS

WHEREAS, the Community Development Commission -Housing Authority City (“CDC-HA”) engages outside legal support for specialized areas, including affordable housing; and

WHEREAS, since 2009, Christensen & Spath, LLP has served as the CDC-HA’s subject matter expert in areas such as as affordable housing, federal and state financing programs and program compliance, Section 8 Program, tax credit financing, bond financing, litigation to include environmental issues, cond emnation actions, and enforcement of loan documents and regulatory agreements; deed of trust foreclosures ; and

WHEREAS, staff recently found that $ 42,686.49 in legal services corresponding to housing-related matters of the CDC-HA was processed for payment over the contract authority provided through the 2014 Agreement; and

WHEREAS, CDC-HA staff request that the CDC -HA ratify the overage of expenditures in the amount of $42,686.49.

NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION -
HOUSING AUTHORITY CITY (“CDC -HA”) OF THE CITY OF NATIONAL CITY,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1: Ratifies the overage of expenditures in the amount of $42,686.49 for legal services provided by Christensen & Spath, LLP on housing-related matters.

Section 2: The Secretary shall certify the passage and adoption of this Resolution and enter it into the book of original Resolutions.

///

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Resolution No. 2022 –
Page Two

PASSED and ADOPTED this 1st day of March, 2022.

Alejandra Sotelo-Solis, Chair

ATTEST:

Brad Raulston, Secretary

APPROVED AS TO FORM:

Charles E. Bell Jr., General Counsel
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The following page(s) contain the backup material for Agenda Item: Resolution of the Community Development Commission-Housing Authority of the City of National City, California authorizing the Mayor to execute an Agreement for legal services provided by Christensen & Spath, LLP to assist in affordable housing project negotiations, advise the CDC-HA Board, and research and preparation of documents related to these matters. (General Counsel)
Please scroll down to view the backup material.
366 of 379

CITY OF NATIONAL CITY, CALIFORNIA

COMMUNITY DEVELOPMENT COMMISSION-HOUSING AUTHORITY

COUNCIL AGENDA STATEMENT

ITEM TITLE:

PREPARED BY: DEPARTMENT:

PHONE:

EXPLANATION: APPROVED BY:

AGENDA ITEM NO. MEETING DATE:

ENVIRONMENTAL REVIEW:

FINANCIAL STATEMENT: APPROVED: Finance
ORDINANCE: INTRODUCTION:

ACCOUNT NO.

STAFF RECOMMENDATION:

BOARD / COMMISSION RECOMMENDATION:

ATTACHMENTS:
___________________
________________

March 1, 2022
Resolution of the Community Development Commission-Housing Authority of the City of National City, California authorizing the Mayor to execute an Agreement for legal services provided by Christensen & Spath, LLP to assist in affordable housing project negotiations, advise the CDC-HA Board, and research and preparation of documents related to these matters.

City Attorney’s Office

The City of National City engages in outside legal support for specialized areas, such as affordable housing matters.

Christensen & Spath, LLP is a local firm that is that specializes in as affordable housing matters. Per the Agreement, scope of services include assisting in representing the City in connection with affordable housing matters in a not-to-exceed amount of $200,000.

Charles E. Bell Jr.

1. Resolution

2. Agreement

This action does not constitute a project under California Environmental Quality Act (CEQA) Guidelines Section 15378(b)(2).

FINAL ADOPTION:

APPROVED: ________________ MIS
501-419-462-209-0000 Housing Authority Legal Services
532-419-462-209-0000 Low & MOD Income Asset Fund – Legal Services

Approve the Resolution authorizing the Mayor to execute an Agreement for legal services provided by Christensen & Spath, LLP to assist in affordable housing project negotiations, advise the CDC-HA Board, and research and preparation of documents related to these matters.

Not applicable to this report.

(619) 336-4220

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AGREEMENT FOR LEGAL SERVICES

BY AND BETWEEN
THE COMMUNITY DEVELOPMENT COMMISSION — HOUSING

AUTHORITY OF THE CITY OF NATIONAL CITY
AND

CHRISTENSEN & SPATH LLP
THIS AGREEMENT FOR LEGAL SERVICES (the“Agreement”) ismade as of the 1St day of March, 2022 between THE COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY (“CDC-HA"), a municipal corporation(theCDC-HA) and CHRISTENSEN & SPATH LLP, a limitedliabilitypartnership (the“FIRM”). This Agreement setsforththeparties’mutual understandingconcerninglegal servicestobe providedby theF[RM and thefeearrangementforsaidservices.

Article1. Retainer. The CDC-HA hereby retaintheFIRM to assistin affordable housing projectnegotiations,advisethe CDC-HA Board, and researchand preparationof documents relatedto thesematters,subjectto thisAgreement.

Article2. EffectiveDate and Term. ThisAgreement shallbe effectiveon March 1, 2022 and continueuntilWIittennoticeof cancellation.This Agreement may be terminatedatany timeby eitherpartywithsixty(60)days’writtennoticetotheother.Noticeoftenninationby the FIRM shallbe given to the General Counsel.

Article3. Scoge of Services. The CDC-HA shallhave the rightin itssolediscretion to determinetheparticularservicestobe performedby theFIRM under thisAgreement. These servicesmay includethefollowing:advisingand draftingdocumentsrelatedtotheCDC-HA in itsroleas a housing authorityand providing legalsupport in defending lawsuits.Itisexpected thattheFIRM willwork with theCDC-HA General Counsel and CDC-HA staffaspertheProposal Letterattachedas ExhibitA (“LEGAL SERVICES”). Itisexpected thatthe FIRM willwork with theGeneralCounseland CDC-HA staff.

Article4. Comgensation. CompensationpaidunderthisAgreement shallbe as set faithin the ProposalLetterattachedas ExhibitA.

A, The FIRM shallnot use more than one attorneyforthe same speciﬁc task withoutthe CDC-HA’S approval. The FIRM may use the minimum number of attorneysforthis engagement consistentwith good professionalpracticeafterconsultingwith and obtaining approvalby the CDC—HA.

B. For serviceson any projectin excessof one (1)hour,theFIRM agreesto document a planand budgetconsistentwiththescopeof servicesdescribedaboveinArticle3 to be agreed to by the General Counsel and the FIRM. The CDC-HA shallnot be obligatedto pay the FIRM amounts not discussed,budgeted,and agreed to beforebeing incun'edby theFIRM.

C. The CDC—HA has appropriatedor otherwise duly authorizedthe payment of an amount not to exceed $200,000.00 forLEGAL SERVICES and out-of-pocketdisbursements 2019Agreement Page 1 of 8 CityofNationalCityand
LegalServices Christensen& Spath,LLP
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pursuant to thisAgreement. In no event shallthe totalfees plus out—of—pocketdisbursements exceed thisamount withoutwn'ttenauthorizationof the CDC-HA.

D. The FIRM shallkeep the CDC—HA advisedmonthly as to the levelof attomey hours and clientservicesperformed under Article1. The FIRM willnot chargetheCDC- HA fortraveltime;however, the F IRM may charge forwork performed forthe CDC-HA during any traveltime.

E. The CDC-HA fmtheragreestoreimbursetheFIRM, inaccordancewiththe procedures set forth in this Article, for telephone, fax, mail, messengers, federal express deliveries,document reproduction,client—requestedcleticalovertime,lodging,and similarout- of—pocketexpenses charged by theFIRM as a standardpracticeto itsclientsgenerally,with the exceptionof traveland meals. In any billingfordisbursements,the FIRM shallprovide the CDC-HA witha statementbreakingdown theamountsby categoryof expense.The following items shallnot be reimbursed,unlessthe CDC-HA has speciﬁcallyagreed otherwise:
(1) Word Processing,clericalor secretarialcharges,whetherexpressed as a dollardisbursementor time charge.
(2) Storageofopen orclosedﬁles,rent,electricity,localtelephone, postage,receiptsortransmissionoftelecopierdocuments,or any otheritemstraditionally associatedwith overhead.
(3) Photocopy chargesin excessof $.15 (ﬁfteencents)per page. (4) Auto mileageratesinexcessoftherateapprovedby theInternal Revenue Serviceforincome tax purposes.
(5) Secretarialovertime.Where caserequirementsdemand overtime, theCDC-HA willconsiderreimbursementon a case-by-casebasis.The CDC-HA willnot reimburse oveitime incurredforthe convenience of the F IRM’S failureto meet deadlines known in advance.
(6) Equipment, books, periodicals,researchmaterials,Westlaw/Lexis or likeitems.
(7) Expresscharges,overnightmailcharges,messengerservicesorthe like,withouttheCDC-HA’s priorconsent.The CDC—HA expectstheseexpensestobe incurredin emergency situationsonly. Where casenecessityrequirestheuse of these services,theCDC—HA willconsiderreimbursementon a case-by-casebasis. (8) Travel and meals.
(9) Latepayment chargeorinterest.Due tothenatureoftheCDC- HA’s payment process,the CDC-HA willnot pay any latechargesor interestchargestobills.

Every effortwillbe made to pay billspromptly.

F. Bills from the FIRM should be submitted to General Counsel, 1243 NationalCityBoulevard,NationalCity,CA 91950-4301. The individualtime and disbursement recordscustomarilymaintainedby theFIRM forbillingevaluationand reviewpurposesshall be made availabletotheCDC-HA insupportofbillsrenderedby theFIRM. 2019Agreement Page 2 of 8 CityofNatioualCityand
LegalServices Christensen& Spath,LLP
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G. The FIRM agrees to forward to the CDC-HA a statementof account for each one—month peiiod of servicesunder this Agreement, and the CDC—HA agrees to compensatetheFIRM on thisbasis.The FIRM willconsultmonthly WiththeCDC-HA asto thenumber ofattorneyhoursand clientdisbursementswhich have been incurredtodateunder thisAgreement,and astofutureexpectedlevelsofhoursand disbursements.

H. BillingFormat. Each billingentrymust be complete,discreteand appropriate.
(1) Complete.
(a) Each entrymust name the person or persons involved.For instance,telephonecallsmust includethenames of allpanicipants. (b) The datethe work was performed must be included.
(0) The hours should be billedin .10hour increments.
(d) The speciﬁctaskperformedshouldbe described,and the
relatedwork productshouldbe reference(“telephonecallre:trialbrief,”“interviewin preparationfordeposition”).
(e) The biller’sprofessionalcapacity(partner,associate, paralegal,etc.)shouldbe included.
(2) Discrete:Each taskmust be setoutasa discretebillingentry; neithernarrativenot block billingisacceptable.
(3) Appropriate.
(a) The CDC-HA does not pay forclericalsupport,
administrative costs,overhead costs,outside expenses or excessive expenses. For example, the CDC—HA willnotpay forsecretarialtime,word processingtime,airconditioning,rentalof equipment,includingcomputers,meals servedatmeetings,postage,onlineresearch,orthe overhead costsof sendingor receivingfaxes.Neitherwillthe CDC-HA pay foroutsideexpenses such as messenger deliveryfees,outsidephotocopying,videotapingof depositions,investigative services,outsidecomputer litigationsupportservices,or overnightmail. (b) Due to the natureof the CDC—HA’s payment process,the CDC-HA willnotpay any latecharges.Every effortwillbe made topay billspromptly.

1. Stafﬁng. Every legalmatter shouldhave a primarilyresponsibleattorney and a paralegalassigned.Ultimately,stafﬁngisa CDC-HA decision,and theCDC-HA’s representativemay reviewstafﬁngtoinsurethatitisoptimaltoachievethegoalsofthe engagementattheleastcost.
(1) Paralegalsaretobe usedtothemaximum extentpossibleto enhance efﬁciencyand cost-effectiveness.All taskstypicallyconsideredassociatework should be consideredforassignmentto a paralegal.Writtenauthorizationfrom the CDC-HA must be had before associatehours billedexceed paralegalhours billed. (2) Once an attorneyisgiven primary responsibilityforan engagement, thatperson should continueon the legalmatteruntilthe matterisconcluded or the attorneyleavestheFIRM. The CDC-HA willnotpay thecostsofbringinga new attorneyup to speed.
(3) Ifmore than one attorneyisgoing toperform the same task,prior approvalfrom theCDC-HA must be had. Thisincludesdocument review. 2019Agreement Page 3 of 8 CityofNationalCityand
LegalServices Christensen& Spath,LLP
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Article5. Indegendent Contractor. The F IRM shall perform services as an independent contractor.It is understood thatthiscontractis for unique professionalservices.

Accordingly,thedutiesspeciﬁed inthisAgreement may not be assignedor delegatedby theFIRM without priorwrittenconsentof the CDC-HA. Retentionof the F IRM isbased on the particular professionalexpertiseof the individualsrenderingthe servicesrequiredin the Scope of Services.

Article6. Conﬁdentiality of Work. All work performed by the FIRM includingbut not limitedto alldrafts,data,correspondence,proposals,reports,and estimatescompiled or composed by theFIRM pursuanttothisAgreement isforthesoleuse oftheCDC-HA. All such work productshallbe conﬁdentialand notreleasedto any thirdpartywithoutthepriorwritten consentoftheCDC—HA.

Article7. Compliance with Controlling Law. The FIRM shallcomply with all applicablelaws,ordinances,regulations,and policiesof thefederal,state,and localgovernments astheypertaintothisAgreement. In addition,theFIRM shallcomply immediatelywithany and alldirectivesissuedby the CDC—HA or itsauthorizedrepresentativesunder authorityof any laws statutes,ordinances,rules,or regulations.The laws of the Stateof Californiashallgovern and controlthe terms and conditionsof thisAgreement.

Article8. Acceptabilig'ofWork. The CDC-HA shalldecideany and allquestions which may ariseas to thequalityor acceptabilityof theservicesperformedand themanner of performance,theacceptablecompletionofthisAgreement and theamount ofcompensationdue.

IftheFIRM and theCDC-HA cannotagreetothequalityoracceptabilityofthework,themanner of performance,or the compensation payable to the F IRM in thisAgreement, the CDC-HA or the FIRM shallgive to the otherwrittennotice. Within ten (10) businessdays,the FIRM and the CDC-HA shalleach preparea reportwhich supportstheirpositionand ﬁle the same with the other party.The CDC—HA shall,withreasonablediligence,determinethequalityoracceptabilityofthe work, the manner of performance or the compensation payable to theFIRM.

Article9. Indemniﬁcation. The F IRM agrees to indemnify, defend, and hold the CDC-HA and itsagents,ofﬁcers,employees, and volunteershannless from and againstallclaims assertedor liabilityestablishedfordamages or injuriesto any person or property,includinginjury to theF IRM’S employees, agents,or ofﬁcers,which axisefrom or areconnected with or caused or claimed to be caused by the actsor omissions of the FIRM and itsagents,ofﬁcers,or employees inperformingthework orotherobligationsunderthisAgreement,and allexpensesofinvestigating and defending againstsame; provided,however, thatthisindemniﬁcation and hold harmless shall not includeany claims or liabilityaiisingfrom the establishedsolenegligenceor willful misconduct of the CDC-HA, itsagents,ofﬁcers,employees, or volunteers.

Article10. Insurance. The FIRM, at itssole cost and expense, shallpurchase and maintainthroughouttheterm of thisAgreement, the followinginsurancepolicies:

A. ProfessionalLiabilityInsurance(errorsand omissions)withminimum limitsof $1,000,000 per claim.

B. IntentionallyLeft Blank
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C. Commercial General LiabilityInsurance, with minimum limitsof either $2,000,000per occurrenceand $4,000,000aggregate,or $1,000,000per occurrenceand $2,000,000 aggregatewith a $2,000,000 umbrella policy,coveringallbodily injuryand property damage arisingoutofitsoperations,work,orperformanceunderthisAgreement.The policyshall name theCDC-HA and itsofﬁcers,agents,employees,and volunteersasadditionalinsureds,and a separateadditionalinsuredendorsement shallbe provided. The generalaggregatelimitmust apply solelyto the“location”.The “location”should be noted with speciﬁcityon an endorsement thatshallbe incorporatedintothepolicy.

D. Workers’ Compensation Insurance in an amount sufﬁcient to meet statutoryrequirementscoveringallofFIRM’S employeesand employers’liabilityinsurancewith limitsof atleast$1,000,000 per accident.In addition,the policyshallbe endorsed with a waiver of subrogationin favor of the CDC-HA. Said endorsement shallbe provided priorto commencement of work under thisAgreement.

E. The aforesaidpoliciesshallconstituteprimary insuranceas totheCDC-HA, itsofﬁcers,ofﬁcials,employees, and volunteers,so thatany otherpoliciesheld by the CDC—HA shallnot contributeto any lossunder saidinsurance.Said policiesshallprovideforthirty(30)days priorwrittennoticeto the CDC-HA’s Risk Manager, atthe addresslistedin subsectionG below, of cancellationor materialchange.

F . Ifrequiredinsurancecoverage isprovided on a “claims made” ratherthan “occurrence” form, the FIRM shallmaintain such insurance coverage for three years after expirationof theterm (andany extensions)of thisAgreement.In addition,the“retro”datemust be on or beforethe dateof thisAgreement.

G. The CertiﬁcateHolder forallpoliciesof insurancerequiredby this Sectionshallbe:

City of NationalCity
c/oRisk Manager
1243 NationalCityBoulevard
NationalCity,CA 91950-4397
H. Insuranceshallbe writtenwith only insurersauthorizedto conduct business inCaliforniathatholda currentpolicyholder’salphabeticand ﬁnancialsizecategoryratingofnot lessthan AtVII accordingto thecurrentBest’sKey Rating Guide, or a company of equalﬁnancial stabilitythatisapproved by the City of National City’sRisk Manager. In the event coverage is provided by non-admitted “surpluslines”carriers,they must be includedon the most recentList of Approved SurplusLine Insurers(“LASLI”) and otherwisemeet ratingrequirements, I. This Agreement shallnot take effectuntilcertiﬁcate(s)or other sufﬁcient proofthattheseinsuranceprovisionshave been complied with,areﬁled with and approved by the Cityof NationalCity’sRiskManager.IftheFIRM doesnotkeep allinsurancepoliciesrequired by thisArticle10 infullforceand effectatalltimesduringthetermofthisAgreement,theCDC- HA may treatthefailureto maintaintherequisiteinsuranceas a breachof thisAgreement and terminatetheAgreement asprovidedherein.

J. All deductiblesand self-insuredretentionsin excess of $10,000 must be disclosedto and approvedby theCDC-HA. CDC—HA reservestherighttomodify theinsurance requirementsof thisArticle10,includinglimits,based on thenatureof the risk,priorexperience, insurer,coverage, 01'other special circumstances.
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K. Ifthe FIRM maintainsbroader coverage or higher limits(orboth) than the minimum limitsshown above, the CDC-HA shallbe entitledto the broader coverage or higher limits(or both) maintained by the FIRM. Any availableinsurance proceeds in excess of the speciﬁedminimum limitsofinsuranceand coverageshallbe availabletotheCDC-HA.

Article11. Drug Free Work Place. The F IRM agreesto comply with the CDC-HA’s Drug-Free Workplace requirements. Every person awarded a contractby the CDC-HA for the provisionof servicesshallcertifyto theCDC-HA thatitwillprovide a drug-freeworkplace. Any subcontractenteredintoby the FIRM pursuantto thisAgreement shallcontainthisprovision.

Article12. Non—Discrimination Provisions. The FIRM shallnot discriminateagainst any subcontractor,vendor, employee or applicantfor employment because of age, race,color, ancesh'y,religion,sex, sexual orientation,maritalstatus,nationalorigin,physicalhandicap, or medical condition. The FIRM willtake positiveactionto insurethatapplicantsare employed withoutregard to theirage,race,color,ancestry,religion,sex,sexual orientation,maritalstatus, nationalorigin,physicalhandicap,or medicalcondition.Such actionshallincludebut not be limitedto the following:employment, upgrading,demotion, transfer,recruitmentor recruitment advertising,layoffor termination,ratesofpay or otherforms of compensation,and selectionfor training,includingapprenticeship.The FIRM agreestopostin conspicuousplacesavailableto employees and applicantsforemployment any noticesprovided by the CDC—HA settingforththe provisionsof thisnon-discriminationclause.

Article13. Notificationof Change in Form. The FIRM has therighttoeffectchanges inform includingbutnotlimitedto:thechangeinform from a partnershiptoa professionallaw corporation;thechangein form of any partneror partnersfrom an individualor individualsto a professionallaw corporation;the change in form of any corporatepartneror partnersto any individualpartners.The CDC—HA shallbe promptly notiﬁed in writingof any change in form.

Article14. Notices. In allcases where written notice is to be given under this Agreement,serviceshallbe deemed sufﬁcientifsaidnoticeisdepositedintheUnitedStatesmail, postagepaid.When sogiven,suchnoticeshallbe effectivefrom thedateofmailingofthenotice.

Unless otherwiseprovided by noticein writingfrom the respectiveparties,noticeto the Agency shallbe addressedto:

General Counsel
City of NationalCity
1243 NationalCity Boulevard
NationalCity,CA 91950—4397
cc: Executive Assistanttothe General Counsel
City of NationalCity
1243 NationalCity Boulevard
NationalCity,CA 91950-43 97
and to: cbellranationalcitvcagov
leahm(a nationalcit)ca.g0v
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Notice to the FIRM shallbe addressedto:

Christensen& Spath,LLP
401 West A Street,Suite2250
San Diego, CA 92101
and to:[email protected]
Nothing containedin thisAgreement shallprecludeor renderinoperativeservice or such noticein themanner providedby law.

Article15. Administrative Provisions.

A. Time of Essence. Time is of the essence for each provision of this Agreement.

B. Counterparts. This Agreement may be executed in multiplecounterparts, each of which shallbe deemed an original,but allof which, together,shallconstitutebut one and thesame instrument.

C. Headings. Any captionsto,or headings of,the sectionsor subsectionsof thisAgreement are solely for the convenience of the partieshereto,are not a part of this Agreement, and shallnot be used forthe interpretationor determinationof the validityof this Agreement or any provisionhereof.

D. CaliforniaLaw. This Agreement shallbe construed and interpretedin accordancewiththelaws oftheStateofCalifornia.The venue forany legalactionarisingunder thisAgreement shallbe in eitherstateor federalcourt in the County of San Diego, Stateof California.

E. IntegratedAgreement. This Agreement includingattachmentsand exhibits containsallof theagreements of thepartiesand allpriornegotiationsand agreements aremerged inthisAgreement.ThisAgreement cannotbe amended ormodiﬁed exceptby writtenagreement, and mutually agreed upon by the CDC-HA and the FIRM.

F. Severability.The unenforceability,invalidity,or illegalityof any provision of thisAgreement shallnot renderthe otherprovisionsunenforceable,invalid,or illegal.

G. Waiver. The failureof the CDC-HA to enforce a particularconditionor provisionof thisAgreement shallnot constitutea waiver of thatconditionor provisionor its enforceability.

H. Conﬂict ofInterest.During the term of thisAgreement, theFIRM shallnot perform servicesof any kind for any person or entitywhose interestsconﬂict in any way with thoseof the CDC-HA. This prohibitionshallnot precludethe CDC-HA from expresslyagreeing to a waiver of a potentialconﬂictof interestunder certaincircumstances.

I. No ObligationstoThirdParties.Exceptas otherwiseexpresslyprovided herein,theexecutionand deliveryof thisAgreement shallnotbe deemed to conferany rightsupon, or obligateany of the partieshereto,to any person or entityotherthan thepartieshereto. 2019Agreement Page 7 of 8 CityofNationalCityand
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J. Exhibitsand Schedules.The Exhibitsand Schedulesattachedheretoare herebyincorporatedhereinby thisreferenceforallpurposes.To theextentany exhibits,schedules, or provisionsthereofconﬂictor areinconsistentwiththetermsand conditionscontainedinthis Agreement,thetermsand conditionsofthisAgreement shallcontrol.

K. Construction.The partiesacknowledge and agree that(i)each partyisof equalbargainingstrength,(ii)each partyhas activelyparticipatedin the drafting,preparationand negotiationof thisAgreement, and (iii)any ruleor constructionto the effectthatambiguitiesare tobe resolvedagainstthe draftingpartyshallnot apply in theinterpretationof thisAgreement, or any portionshereof,or any amendments hereto.

IN WITNESS WHEREOF, thepartiesheretohave executedthisAgreement on the dateand year ﬁrstabove written.

THE COMMUNITY DEVELOPMENT CHRISTENSEN & SPATH, LLP
COMMISSION — HOUSING AUTHORITY

OF THE CITY OF NATIONAL CITY

By:
alterF.

By: _____— . .

AlejandraSotleo—Solis,Chair Tlﬂe-Partner
APPROVED AS TO FORM:

By:

CharlesE. Bell,Jr.

General Counsel
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RESOLUTION NO. 2022 -

RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION -HOUSING

AUTHORITY OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING THE

CHAIR TO EXECUTE AN AGREEMENT FOR LEGAL SERVICES PROVIDED BY

CHRISTENSEN & SPATH, LLP TO ASSIST IN AFFORDABLE HOUSING PROJECT

NEGOTIATIONS, ADVISE THE CDC -HA BOARD, AND RESEARCH AND

PREPARATION OF DOCUMENTS RELATED TO THESE MATTERS

WHEREAS, the Community Devel opment Commission -Housing Authority City (“CDC-HA”) engages outside legal support for specialized areas, such as affordable housing matters; and

WHEREAS, Christensen & Spath, LLP is a local firm that specializes in affordable housing matters; and

WHEREAS, per the Agreement, scope of services will include assisting in representing the CDC-HA in connection with affordable housing matters in a not -to- exceed amount of $200,000; and

WHEREAS, CDC-HA staff requests CDC-HA approve and authorize the Chair to execute an Agreement for legal services provided by Christensen & Spath, LLP to assist in affordable housing project negotiations, advise the CDC-HA Board, and research and preparation of documents related to these matters.

NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION -
HOUSING AUTHORITY CITY (“CDC -HA”) OF THE CITY OF NATIONAL CITY,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1: Approves and authorizes the Chair to execute an Agreement for legal services provided by Christensen & Spath, LLP to assist in affordable housing project negotiations, advise the CDC -HA Board, and research and preparation of documents related to these matters in a not-to exceed amount of $200,000.

Section 2: The Secretary shall certify the passage and adoption of this Resolution and enter it into the book of original Resolutions.

///

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Resolution No. 2022 -
Page Two

PASSED and ADOPTED this 1st day of March, 2022.

Alejandra Sotelo-Solis, Chair

ATTEST:

Brad Raulston, Secretary

APPROVED AS TO FORM:

Charles E. Bell Jr., General Counsel
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Item # ___
03/01/22
City Manager Report

(City Manager)
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National City City CouncilMarch 1, 2022

National City City Council
March 1, 2022