Cities Index.
Agenda packet, second session

National City City Council
April 5, 2022

Document
Agenda packet, second session
Meeting
April 5, 2022
Body
National City City Council
Pages
34
Original file
68.8 MB
Text extracted from the city's file for reading and search. Open the original on nationalcityca.new.swagit.com. That file is the official record.

Summary
The proposed use is consistent with the General Plan due to alcohol sales for on- site consumption being a cond itionally-allowed use in the MXD -1 zone. The proposed use would be incidental to the proposed restaurant use in a commercial area. The addition of on -site beer and wine sales is not expected to increase the demand for parking, other services on the property, or have any significant effects on the area. The census tract in which the restaurant is located is not considered to be over -concentrated with regard to on- sale alcohol licenses, and beer and wine will only be available with the sale of food.

Options

1. Approve 2021-24 CUP subject to the conditions listed within, based on the attached findings, or findings to be determined by the Planning Commission; or

2. Deny 2021-24 CUP based on findings to be determined by the Planning Commission; or,

3. Continue the item to a specific date in order to obtain additional information. 7 350 of 587
Planning Commission
Meeting of March 7, 2022

Page 7 ends

Attachments

1. Recommended Findings

2. Recommended Conditions of Approval

3. Overhead

4. Applicant's Plans (Exhibit A, Case File No. 2021-24 CUP, dated 11/8/2021)

5. Pub lic Hearing Notice (Sent to 437 property owners & occupants)

6. Census Tract & Police Beat Maps

7. PD comments

8. Community Meeting Advertisement

9. Resolution
DAVI

D WELCH ARMANDO VERGARA
Associate Planner Director of Community Development 8 351 of 587

RECOMMENDED FINDINGS FOR APPROVAL
2021-24 CUP – TERIYAKI SUN

1. The propos
ed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, because the use is permitted within the MX D-1 zone pursuant to a CUP and the proposed use meets the required guidelines in the Land Use Code for alcohol sales, as discussed in the staff report.

2. The propos
ed use is consistent with the General Plan and any applicable specific plan, because alcohol sales are permitted, subject to a CUP, by the Land Use Code, which is consistent with the General Plan. There is no Specific Plan in the area. In addition, a restaurant use is consistent with the MXD-1 land use designation contained in the Land Use and Community Character element of the General Plan.

3. The desi
gn, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because no expansion of the building is proposed. The proposal involves an existing commercial space, which was previously analyzed for traffic impacts when it was constructed.

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, because the proposed alcohol sales would be accessory to the primary use of food sales, and because a restaurant currently exists on the site.

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, because the proposed use will be subject to conditions that limit the sale of beer and wine as well as the hours that it will be available. Beer and wine will only be available with the sale of food. In addition, all staff members serving alcohol are required to receive Responsible Beverage Sales and Service (RBSS) training.

6. The propo
sed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and is not considered a project under CEQA, as no development is proposed. In addition, the proposed use is similar to other commercial uses in the area, which are permitted in the MXD-1 zone. 9 352 of 587

7. The
proposed use is deemed essential and desirable to the public convenience or necessity, because alcohol sales will contribute to the viability of the restaurant, an allowed use in the MXD-1 zone.
10 353 of 587

RECOMMENDED CONDITIONS OF APPROVAL
2021-24 CUP – TERIYAKI SUN
General

1. This Conditional Use Permit authorizes the sale of beer and wine for on- site consumption at a proposed restaurant (Teriyaki Sun) located at 4 North Euclid Avenue, Suite A. Plans submitted for permits associated with this project shall conform to Exhibit A, Case File No. 2021-24 CUP, dated 11/8/2021.

2. Before this Conditional Use Permit shall become effective, the applicant and the property owner shall both 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 rec orded 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 Director of Community Development prior to recordation.

3. This permit shall become null and void at such t ime as there is no longer a Type 41 California Department of Alcoholic Beverage Control license associated with the property.

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

5. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time.

6. This Conditional Use Permit may be revoked if the operator is found to be in violation of any Conditions of Approval.

Planning

7. No alcohol sales are permitted until the applicant has been issued a Type 41 li cense from the California Department of Alcoholic Beverage Control.

8. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must 11 354 of 587
be cer
tified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies.

9. The sale of alcoholic beverages shall only be permitted between the hours of 10:00 a.m. and 9:00 p.m. Sunday through Thursday and 10:00 a.m. and 9:30 p.m. Friday and Saturday.

10. The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential.

11. Alcohol shall be available only in conjunction with the purchase of food.

12. No live entertainment shall be permitted without modification of this CUP.

13. The operator of the business shall maintain an active business license and ensure that the business license is renewed annually.

14. The permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, serving, and consumption of alcoholic beverages. 12 355 of 587

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

NOTICE OF PUBLIC HEARING

CONDITIONAL USE PERMIT FOR BEER AND WINE SALES

AT AN EXISTING RESTAURANT (TERIYAKI SUN)
LOCATED AT 4 NORT H EUCLID AVENUE, SUIT E A.

CASE FILE NO.: 2021-24 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, March 7, 2022, on the proposed request.

The meeting will be LIVE WEBCAST from the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Jose Armando Lua)
Due to the precautions taken to combat the continued spread of coronavirus (COVID-19), City Council Chambers are closed to the public. Anyone interested in this public hearing may observe it on the City’s website at http://nationalcityca.new.swagit.com/views/33.

The applicant is proposing to add beer and wine sales at the existing restaurant.

Proposed operating hours are 10:00 a.m. to 9:00 p.m. Sunday through Thursday and 10:00 a.m. to 9:30 p.m. Friday and Saturday.

Information is available for review at the City’s Planning Division, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Division on or before 4:00 p.m., March 7, 2022, by submitting it to [email protected]. Planning staff can be contacted at 619- 336-4310 or [email protected].

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

NATIONAL CITY PLANNING DIVISION
13 356 of 587
Sources: Esri, HERE, DeLorme, TomTom, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, MapmyIndia, © OpenStreetMap contributors, and the GIS User Community
CensusTracts 2010
August 25, 2014
0 0.75 1.50.375 mi
0 1 20.5 km
1:45,467
14 357 of 587
City of National City
Beat 21
Source: Microsoft Mappoint
NCPD CAU, 4/18/07
15 358 of 587
16 359 of 587
17 360 of 587
18 361 of 587
19 362 of 587
20 363 of 587

RESOLUTION NO. 2022-06

A RESOLUTION OF THE PLANNING COMMISSION

OF THE CITY OF NATIONAL CITY, CALIFORNIA

APPROVING A CONDITIONAL USE PERMIT

FOR BEER AND WINE SALES AT AN

EXISTING RESTAURANT (TERIYAKI SUN)
LOCATED AT 4 NORTH EUCLID AVENUE, SUITE A.

CASE FILE NO. 2021-24 CUP
APN: 552-283-11

WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for beer and wine sales at an existing restaurant (Teriyaki Sun ) located at 4 North Euclid Ave, Suite A at a duly advertised public hearing held on March 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. 2021-24 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.

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 November 15, 2021 , support the following findings:

1. The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, because the use is permitted within the MXD-1 zone pursuant to a CUP and the proposed use meets the required guidelines in the Land Use Code for alcohol sales, as discussed in the staff report.

2. The proposed use is consistent with the General Plan and any applicable specific plan, because alcohol sales are permitted, subject to a CUP, by the Land Use Code, which is consistent with the General Plan. There is no Specific Plan in the area. In addition, a restaurant use is consistent with the MXD- 1 land use designation contained in the Land Use and Community Character element of the General Plan.

DocuSign Envelope ID: 2C4CB2A5-93EB-4676-8DD6-B04A0ACAE85A 21 364 of 587

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, because no expansion of the building is proposed. The proposal involves an existing commercial space, which was previously analyzed for traffic impacts when it was constructed.

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, because the proposed alcohol sales would be accessory to the primary use of food sales, and because a restaurant currently exists on the site.

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, because the proposed use will be subject to conditions that limit the sale of beer and wine as well as the hours that it will be available.

Beer and wine will only be available with the sale of food. In addition, all staff members serving alcohol are required to receive Responsible Beverage Sales and Service (RBSS) training.

6. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and is not considered a project under CEQA, as no development is proposed. In addition, the proposed use is similar to other commercial uses in the area, which are permitted in the MXD-1 zone.

7. The proposed use is deemed essential and desirable to the public convenience or necessity, because alcohol sales will contribute to the viability of the restaurant, an allowed use in the MXD-1 zone.

BE IT FURTHER RESOLVED that the application for a Conditional Use Permit is approved subject to the following conditions:

General

1. This Conditional Use Permit authorizes the sale of beer and wine for on-site consumption at a proposed restaurant (Teriyaki Sun) located at 4 North Euclid Avenue, Suite A. Plans submitted for permits associated with this project shall conform to Exhibit A, Case File No. 2021-24 CUP, dated 11/8/2021.

2. Before this Conditional Use Permit shall become effective, the applicant and the property owner shall both 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 DocuSign Envelope ID: 2C4CB2A5-93EB-4676-8DD6-B04A0ACAE85A 22 365 of 587

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 Director of Community Development prior to recordation.

3. This permit shall become null and void at such time as there is no longer a Type 41 California Department of Alcoholic Beverage Control license associated with the property.

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

5. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time.

6. This Conditional Use Permit may be revoked if the operator is found to be in violation of any Conditions of Approval.

Planning

7. No alcohol sales are permitted until the applicant has been issued a Type 41 license from the California Department of Alcoholic Beverage Control.

8. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies.

9. The sale of alcoholic beverages shall only be permitted between the hours of 10:00 a.m. and 9:00 p.m. Sunday through Thursday and 10:00 a.m. and 9:30 p.m. Friday and Saturday.

10. The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be DocuSign Envelope ID: 2C4CB2A5-93EB-4676-8DD6-B04A0ACAE85A 23 366 of 587

necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential.

11. Alcohol shall be available only in conjunction with the purchase of food.

12. No live entertainment shall be permitted without modification of this CUP.

13. The operator of the business shall maintain an active business license and ensure that the business license is renewed annually.

14. The permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, serving, and consumption of alcoholic beverages.

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

BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing.

DocuSign Envelope ID: 2C4CB2A5-93EB-4676-8DD6-B04A0ACAE85A 24 367 of 587

CERTIFICATION:

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

AYES: Sendt, Yamane, Natividad, Roman, Sanchez, Dela Paz, Valenzuela

NAYS:

None.

ABSENT: None.

ABSTAIN: None. ________________________

CHAIRPERSON

DocuSign Envelope ID: 2C4CB2A5-93EB-4676-8DD6-B04A0ACAE85A 3/21/2022
Ditas Yamane
25 368 of 587
ATTACHMENT 4
Exhibit A
Case File No. 2021-24 CUP
Date: 1/8/2021
26 369 of 587
27 370 of 587
3/21/2022
1 Public Hearing
Conditional Use Permit
for beer and wine sales at
Teriyaki Sun restaurant
located at 4 N. Euclid Ave. Ste. A
Overhead
ATTACHMENT 5
28 371 of 587
3/21/2022
2 Site Characteristics:
 Shopping center at northwest corner of Division St. and N. Euclid Ave.
 6 acres in size
 MXD-1 zone
 Existing family-run Japanese restaurant (Teriyaki Sun)  2,600 ft² in size
 1,695 ft² seating area
 No outdoor dining
 Six-foot high masonry wall separates shopping center from adjacent properties
Proposal:
 Applicant requesting beer and wine sales
 Incidental to restaurant use
 Hours of operation are 10:00 a.m. to 9:00 p.m. Sunday through Thursday and 10:00 a.m. to 9:30 p.m. Friday
and Satureday
 Alcohol sales hours proposed to be the same
 No live entertainment is proposed
 68 seats all located indoors
29 372 of 587
3/21/2022
3 Floor
Plan
Analysis:
 Request consistent with Code requirements (alcohol):
 Mailing – 660 feet owners/occupants (437)
 Community Meeting (2/16)
 Distance from schools (n/a)
 Census Tract 119.02
 E. 8th St. north to City boundary; Highland Ave. to Palm Ave.  Tract not considered over-concentrated
 No on-sale licenses where 8 recommended
30 373 of 587
3/21/2022
4 Analysis (cont.):
 PD comments:
 Risk Assessment
 10 points (low risk)
 IPS comments
 No comments
 RBSS training
Conditions/Summary:
 Conditions of Approval
 Standard conditions specific to on-site alcohol sales (per Council Policy 707)
 Hours of operation, employee training, accessory sales  Proposed use consistent with General Plan
 Alcohol sales conditionally-allowed use in MXC-2 zone  Alcohol sales would be accessory to restaurant use in established commercial area
 Addition of beer and wine sales not expected to increase demand for parking, other services on the property
 Census tract not considered to be over-concentrated
 Beer and wine will only be available with the sale of food 31 374 of 587
3/21/2022
5  Approve CUP based on attached findings / findings
determined by the Commission; or
 Deny CUP based on findings determined by the
Commission; or
 Continue the item for additional information
 Staff recommending approval
 Notice of Decision to City Council
Options:

Floor
Plan
32 375 of 587

The following page(s) contain the backup material for Agenda Item: Notice of Decision – Planning Commission approval of a Conditional Use Permit for distilled spirits sales (Type 21) at a proposed retail outlet (Tahona Mercado) to be located at 802 ‘B’ Avenue. (Applicant: Amar Harrag) (Case File 2021-27 CUP) (Planning) Please scroll down to view the backup material.
376 of 587

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:
___________________
________________
April 5, 2022
Notice of Decision – Planning Commission approval of a Conditional Use Permit for distilled spirits sales (Type 21) at a proposed retail outlet (Tahona Mercado) to be located at 802 ‘B’ Avenue. (Applicant: Amar Harrag) (Case File 2021-27 CUP)
Community Development
The project location is a vacant commercial suite in the new Pa rco development, a mixed-use residential and commercial building occupying the half block between East 8 th and 9 th Streets and between ‘B’ Avenue and the alley to the west. The suite is 600 square-feet in size and loc ated along ‘B’ Avenue. The applicant wishes to operate a high-end craft liquor store in a new commercial suite in the Parco development in downtown National City. The store will sell high-quality liquor, mostly sourced f rom small producers and artisanal companies from remote areas of Mexico. Most of the products will be exclusive batches and unique to the applicant’s brand. The business would employ three people.

The Planning Commission conducted a public hearing on March 7, 2022. Commissioners asked questions regarding the site and the proposal. 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 . P l a n s

2. Planning Commission Staff Report 5. PowerPoint slides from PC meeting

3. Resolution No. 2022-07
This is no
t a project under CEQA and is therefore not subject to environmental review. CCR15378; PRC 21065.

FINAL ADOPTION:

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

The Plannin
g Commission recommended 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
377 of 587
ATTACHMENT 1
2021-27 CUP – Tahona Mercado – Overhead
1 378 of 587
Item no. 4
March 7, 2022

C

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

PLANNING COMMISSION STAFF REPORT

Title: CONDITIONAL USE PERMIT FOR DISTILLED SPIRITS
SALES (TYPE 21) AT A PROPOSED RETAIL OUTLET
(TAHONA MERCADO) TO BE LOCATED AT 802 ‘B’
AVENUE.

Case File No.: 2021-27 CUP

Location: Near southwest corner of East 8
th St. and ‘B’ Avenue

Assessor’s Parcel Nos.: 556-472-26

Staff report by: Martin Reeder , AICP – Principal Planner

Applicant: Amar Harrag

Zoning designation: Downtown Spec ific Plan Development Zone 9 (DZ 9)

Adjacent use and zoning:

North: Commercial across East 8
th Street / DZ 9

East: Commercial across ‘B’ Avenue / DZ 9

South: Parco (8
th & B) Mixed-use project / DZ 9

West: Big Ben Market across alley / DZ 9

Environmental review: Not a project per California Environmental Quality Act (CEQA) as defined in Section 15378

Staff recommendation: Approve
2 379 of 587
Planning Commission
Meeting of March 7, 2022

Page 2 ends

Staff Recommendation
Staff recommends approval of the request for the sale of distilled spirits, subject to the attached recommended condition s . T h e s a l e o f a l c o h o l i s a conditionally- allowed use in DZ 9 and would contribute to the diversity of commercial offerings in the area.

Executive Summary
The applicant is proposing to o perate a craft liquor store (ABC Type 21) in the 600 square-foot retail suite. T he business (Tahona Mercado) wil l focus on small batch and artisanal Mexican liquo r. Proposed operation hours ar e 11:00 am to 9:00 pm Monday through Friday and 10:00 am to 10:00 pm Saturday a n d Sunday.

Site Characteristics
The project location is a vacant commercial suite in the new Pa rco development, a mixed-use residential and commercial building occupying the h alf block between East 8 th and 9 th Streets and between ‘B’ Avenue and the alley to the west. The suite is 600 square-feet in size and located along ‘B’ Avenue. The area is mostly adjacent to commercial uses, although there are residential uses located to the south across East 9
th Street.

Proposed Use
The applicant wishes to operate a high-end craft liquor store in a new commercial suite in the Parco development in downtown National City. The store will sell high- quality liquor, mostly sourced from small producers and artisanal companies from remote areas of Mexico. Most of the products will be exclusive batches and unique to the applicant’s brand. The business would employee three people.

Analysis
Section 18.30.050 of the Land Use Code allows for off-site alco hol sales with an approved CUP. Additional requirem ents for alcohol CUPs include expanded notification, a community meeti ng, and distance requirements. T he same is required for modification of an existing CUP. There are also sp ecific conditions required as part of City Council Policy 707, which regulates alcohol licenses.

Mailing – All property owners and occupants within a distance o f 660 feet are required to be notified of a public hearing for alcohol-related CUP applications.

Notice of this public hearing was sent to 684 occupants and owners.

3 380 of 587
Planning Commission
Meeting of March 7, 2022

Page 3 ends

Community Meeting - Pursuant to Section 18.30.050 (C) of the Na tional City Zoning Code, a community meeting was held Friday, November 26, 2021 at 4:30 p.m. at the subject suite. The meeting advertisement and minute s are attached (Attachment 8); three residents were in attendance and indicated their support for the request.

Distance Requirements - Chapter 18.030.050 (D) requires that businesses that sell alcohol as a principal use maintain a 660-foot distance fr om [Institutionally- zoned] schools. While there is a school within 660 feet (Integr ity Charter School), it is not an institutionally-zon ed property and thus not subjec t to the distance requirement. The nearest school in the Institutional zone is Ce ntral Elementary School, located over 750 feet away.

This chapter also requires that liquor stores be a minimum of 5 00 feet from each other. The nearest liquor store (Wilson’s Liquor) is over 2,000 feet away. There is a market (Big Ben Market) next door to the subject business, bu t is not included in the distance requirement.

Alcohol Sales Concentration/Location
Per the California Department of Alcoholic Beverage Control (AB C), there are currently 8 off-sale licenses in this census tract (117) where a maximum of four are recommended, meaning that the c ensus tract is considered by ABC to be over-saturated with regard to alcohol sales outlets. For reference, the outlets are:

Name Address License Type* CUP
Seafood City 1420 E. Plaza Blvd. Suite C 21 Y
Big Ben Market 108 E. 8th St. 21 Y
Wal Mart 1200 Highland Ave. 20 Y
Smart & Final 1220 E. Plaza Blvd. Suite 510 21 Y
CVS Pharmacy 1201 E. Plaza Blvd. 21 Y
7 Eleven 1539 Highland Ave. 20 Y
Wilson’s Liquor 916 E. 8th St. 21 Y
Bottles & More Liquor 1535 E. 18th St. 21 -

* Type 20 - Off-Sale of Beer and Wine
* Type 21 - Off-Sale of Beer, Wine, and Distilled Spirits

4 381 of 587
Planning Commission
Meeting of March 7, 2022

Page 4 ends

Census tract 117 includes the ar ea between National City Boulev ard and “N” Avenue, and between East 8
th Street and East 18 th Street. The attached census
tract map shows the location of the subject tract (Attachment 6).

Many of the issues related to liquor sales are related to avail ability of smaller quantities and cheaper products, most of which are contained to businesses not subject to CUPs due to legal nonc onforming status. However, bus inesses with CUPs are limited to the size of d istilled spirits bottles (e.g. no airplane bottles or pints). Other issues with malt liquor (e.g. 22s, 40s) are also addressed by a CUP, although these products are not part of the proposed sales inventory.

Police Department (PD)
PD provided a Risk Assessment r eport, which assigns points base d on the type of business, license concentrati on, and calls for service (amon g others) and ranks the business according to potential risk (low, medium, or high). In this case, Tahona Mercado received a score of 13, which would indica te a medium risk. Medium risk is considered 13 to 18 points.

Institute for Public Strategies (IPS)
No comments were received from IPS as of the writing of this report, although they usually recommend at least the need for Responsible Bevera ge Sales and Service (RBSS) training for all staff. This is a condition of t he previous approval and will remain for the current request, if approved.

Public Comment
No public comment was received as part of the public hearing notice.

Findings for Approval
The Municipal Code contains six required findings for CUPs as follows:

1. The proposed use is allowable within the applicable zoning d istrict pursuant to a Conditional Use Pe rmit and complies with all othe r applicable provisions of the Land Use Code.

The use is allowable within DZ 9 pursuant to a CUP and the prop osed use meets the required guidelines in the Land Use Code for alcohol sales, as discussed in the staff report.

5 382 of 587
Planning Commission
Meeting of March 7, 2022

Page 5 ends

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

Alcohol sales are permitted, sub ject to a CUP, by the Land Use Code, which is consistent with the General Plan. A retail alcohol use is consi stent with the Downtown Specific Plan land use designation contained in the La nd Use and Community Character element of the General Plan.

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

No expansion of the building is proposed. The proposal involves an existing commercial vacant suite, which was previously analyzed for traf fic impacts when the building was constructed.

4. The site is physically suitable for the type, density, and i ntensity of use being proposed, including access, utilities, and the absence of physical constraints.

The proposed alcohol sales outlet would be consistent with other commercial businesses in the area accessory t o t h e m i x e d - u s e c o m m e r c i a l a nd residential building.

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

The proposed use would be subject to conditions that limit the hours and manner in which alcohol is sold.

6. The proposed project has been reviewed in compliance with th e California Environmental Quality Act (CEQA).

The project is not considered a project under CEQA, as no devel opment is proposed. In addition, the proposed use is similar to other commercial uses in the area, which are permitted by right in DZ 9.

6 383 of 587
Planning Commission
Meeting of March 7, 2022

Page 6 ends

The following two findings are also included with alcohol CUPs:

7. The proposed use is deemed esse ntial and desirable to the pu blic convenience or necessity.

In this case, the sale of distilled spirits sales will contribute to the diversity of local commercial offerings in the area, an allowed use in the DZ 9 zone.

8. Based on findings 1 through 7 above, public convenience and necessity will be served by a proposed use of the property for the on-site sales of alcoholic beverages pursuant to law.

Findings for Denial
There are three findings for denial as follows:

1. The proposed use is not deemed essential and desirable to the public convenience and welfare, because there are two other Type 21-li cense outlets within a half-mile of the site:

Outlet Name Address ABC license type
Big Ben Market 108 E. 8th St. 21
Wilson’s Liquor 916 E. 8th St. 21

2. Granting the permit would constitute a nuisance or be injuri ous or detrimental to the public interest, health, safety, convenience , or welfare, or materially injurious to pers ons, property, or improvements i n the vicinity and zone in which the property is located, because the area has a h i gh crime rate, which may be exacerbated by the addition of distilled spirits.

3. Based on findings 1 and 2 above, public convenience and necessity will not be served by adding distilled spirits sales to the existing alc ohol license pursuant to law.

Conditions of Approval
Conditions of Approval include those specific to off-site alcohol sales per Council Policy 707 (alcohol container vol ume, size, and number; RBSS tr aining, hours, accessory sales, etc.).

7 384 of 587
Planning Commission
Meeting of March 7, 2022

Page 7 ends

Summary
The proposed use is consistent with the General Plan due to alcohol sales for off- site consumption being a conditionally-allowed use in DZ 9. Hig h-end distilled spirits sales would contribute to the diversity of the downtown commercial offerings.

However, the area is considered to be a high crime area and there are already two other outlets in clos e proximity that offe r distilled spirits. Conditions requiring compliance with City Council Policy 707 are intended to alleviate concerns related to area impacts should the CUP be approved. The decision of the Planning Commission will be relayed to the City Council for filing or potentially another public hearing if necessary.

Options

1. Approve 2021-27 CUP subject t o the conditions listed within, based on the attached findings, or findings to be determined by the Planning Commission; or

2. Deny 2021-27 CUP based on the attached findings or findings to be determined by the Planning Commission; or,

3. Continue the item to a specific date in order to obtain additional information.

Attachments

1. Recommended Findings

2. Recommended Conditions of Approval

3. Overhead

4. Applicant's Plans (Exhibit A, Case File No. 2021-27 CUP, dated 12/8/2021)

5. Public Hearing Notice (Sent to 684 property ow ners & occupants)

6. Census Tract & Police Beat Maps

7. PD Risk Assessment

8. Community Meeting Advertisement and minutes

9. Resolutions

MARTIN REEDER, AICP ARMANDO VERGARA Principal Planner Dir ector of Community Development 8 385 of 587
ATTACHMENT 1

RECOMMENDED FINDINGS FOR APPROVAL
2021-27 CUP – Tahona Mercado

1. The proposed use is allowable wi thin the applicable zoning d istrict pursuant to a Conditional Use Permit and comp lies with all other applicable p rovisions of the Land Use Code, because the use is allowable within DZ 9 pursuant to a CUP and the proposed use meets the required guidelines in the Land Use Code for alcohol sales, as discussed in the staff report.

2. Alcohol sales are permitted, s ubject to a CUP, by the Land U se Code, which is consistent with the General Plan. A retail alcohol use is consi stent with the Downtown Specific Plan land use designation contained in the La n d U s e a n d Community Character element of the General Plan.

3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because no expansion of the building is proposed. The proposal involves an existing commercial vacant suite, which was previously analyzed for traffic impacts when the building was constructed.

4. The site is physically suitable for the type, density, and i ntensity of use being proposed, including access, utilit ies, and the absence of physical constraints, because the proposed alcohol sales outlet would be consistent w ith other commercial businesses in the area accessory to the mixed-use co mmercial and residential building.

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 use would be subject to conditions that limit the hours and manner in which alcohol is sold.

6. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQ A) and is not considered a project under CEQA, as no development is proposed. I n addition, the proposed use is similar to other commercial uses in the area, which are permitted by right in DZ 9.

7. The proposed use is deemed es sential and desirable to the public convenience or necessity, because the sale of distilled spirits sales will contribute to the diversity of local commercial offerings in the area, an allowed use in the DZ 9 zone. 9 386 of 587

8. Based on findings 1 through 7 a b o v e , p u b l i c convenience and necessity will be served by a proposed use of the property for the on-site sales of alcoholic beverages pursuant to law.

RECOMMENDED FINDINGS FOR DENIAL
2021-27 CUP – Tahona Mercado

1. The proposed use is not deemed essential and desirable to the public convenience and welfare, because there are two other Type 21-license outlets within a half-mile of the site.

2. Granting the permit would 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 area has a high crime rate, which may be exacerbated by the addition of distilled spirits.

3. Based on findings 1 and 2 above, public convenience and nece ssity will not be served by adding distilled spirits sales to the existing alcohol license pursuant to law. 10 387 of 587

RECOMMENDED CONDITIONS OF APPROVAL
2021-27 CUP – Tahona Mercado
General

1. This Conditional Use Permit authorizes the sale distilled spirits for off-site consumption at a proposed market (Tahona Merc ado) to be located at 802 ‘B’ Avenue. Plans submitted for permits associated with this project shall conform to Exhibit A, Case File No. 2021-27 CUP, dated 2/25/2022.

2. Before this Conditional Use Permit shall become effective, the applicant and the property owner shall both 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 appl icant shall pay necessary recording fees to the County. The Notice of Restricti on shall provide information that conditions imposed by approval of the Conditional Use Permit a r e 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 Director of Community Development prior to recordation.

3. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unle ss extended according to procedu res specified in the Municipal Code.

4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time.

5. This Conditional Use Permit may be revoked if the operator is found to be in violation of any Conditions of Approval.

Planning

6. The sale of alcoholic beverages shall be limited to between the hours of 11:00 am to 9:00 pm Monday through Friday and 10:00 am to 10:00 pm Saturday and Sunday.

7. The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited.

8. No beer products shall be sold of less than manufacturer’s pre-packaged three-pack quantities of 24 ounce cans per sale. There shall be no sale of single cans or bottles.

9. Wine shall not be sold in containers of less than 750 milliliters. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. 11 388 of 587

10. Flavored
malt beverages, also known as premium malt beverag es and flavored malt coolers, and sometimes commonly referred to as wine coolers, ma y be sold only by four-pack or other manufacturer’s pre-packaged multi-unit quantities.

11. The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking lots and outbuildings and any property or adjacent property under the control of the Permittee.

12. All cups and containers shall be sold at or above prevailing prices and in their original multi-container packages of no fewer than 12, and no cups and containers shall be given free of charge.

13. Ice may be sold only at or about prevailing prices in the area and in quantities of not less than three pounds per sale. Ice shall not be provided free of charge.

14. The Permittee shall post signs in compliance with the requirements and specifications of subsection B of section 10.30. 070 on each exterior wall of t he licensed premises that faces a vehicle parking lot, to read as follows:
“WARNING
It is unlawful to drink an alcoholic
beverage or to possess an open alcoholic
beverage container in public or in a public parking lot.

NCMC 10.30.050 and 10.30.060.”

15. Containers of alcoholic beverages may not be stored on the premises, after being sold to patrons, for the purpose of later consumption.

16. Every employee of the Permittee, including ownership and management, shall receive Responsible Beverage Service and Sales (RBSS) training, includi ng all owners, and managers. The RBSS training must be certified by the Departmen t of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to commencing alcohol sales. As part of the RBSS training, the Permittee shall make available a domestic violence training ses sion as provided by the Institute of Public Strategies.

17. The operator of the business shall maintain an active business license and ensure that the business license is renewed annually.

Police

18. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, display and marketing or merchan dising of alcoholic beverages.
12 389 of 587

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

NOTICE OF PUBLIC HEARING
CONDITIONAL USE PERMIT FOR DISTILLED SPIRITS SALES (TYPE 21)

AT A PROPOSED RETAIL OUTLET (TAHONA MERCADO)
TO BE LOCATED AT 802 ‘B’ AVENUE.

CASE FILE NO.: 2021-27 CUP
The National City Planning Commission will hold a public hearin g at their regular online meeting after the hour o f 6:00 p.m. Monday, March 7, 2022, on the proposed request.

The
meeting will be LIVE WEBCAST from the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Amar Harrag)
Due
to the precautions taken to combat t he continued spread of coronavirus ( COVID- 19), City Council Chambers are closed to the public. Anyone interested in this public hearing may observe it on the City’s website at http://nationalcityca.new.swagit.com/views/33.

The
applicant is requesting a Conditional Use P ermit for a high-end craft liquor store t hat will sell small batch and artisanal M exican liquor. The 600 square-foot suite is within the new Parco development at East 8th Street and ‘B’ Avenue. Proposed operating hours are 11:00
a.m. to 9:00 p.m. Monday t hrough Friday and 10:00 a.m. t o 10:00 p.m. Saturday and Sunday.

Information is available f
or review at the City’s Planning Division, Civic Center. Members of the public a re invited to comment. Written comments should be received by the Planning Division on or before 4:00 p.m., March 7, 2022, by submitting it to [email protected]. Planning staff can be contacted at 619-336-4310 or [email protected].

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

NATIONAL CITY PLANNING DIVISION
13 390 of 587
Sources: Esri, HERE, DeLorme, TomTom, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, MapmyIndia, © OpenStreetMap contributors, and the GIS User Community
CensusTracts 2010
August 25, 2014
0 0.75 1.50.375 mi
0 1 20.5 km
1:45,467
14 391 of 587
City of National City
Beat 20
Source: Microsoft Mappoint
NCPD CAU, 4/18/07
15 392 of 587
Notes:

NATIONAL CITY POLICE DEPARTMENT

ALCOHOL BEVERAGE CONTROL

RISK ASSESSMENT
DATE:

BUSINESS NAME:

ADDRESS:

OWNER NAME: DOB:

OWNER ADDRESS:
(add additional owners on page 2)
I. Type of Business
 Restaurant (1 pt)
 Market (2 pts)
 Bar/Night Club (3 pts)
Tasting Room (1pt)
II. Hours of Operation
 Daytime hours (1 pt)
 Close by 11pm (2 pts)
 Close after 11pm (3 pts)
III. Entertainment
 Music (1 pt)
 Live Music (2 pts)
 Dancing/Live Music (3 pts)
No Entertainment (0 pts)
IV. Crime Rate
 Low (1 pt)
 Medium (2 pts)
 High (3 pts)
V. Alcohol Businesses per Census Tract
 Below (1 pt)
 Average (2 pts)
 Above (3 pts)
Revised: 8/16
16 393 of 587
National City Police Department ABC Risk Assessment
VI. Calls for Service at Location (for previous 6 months)  Below (1 pt)
 Average (2 pts)
 Above (3 pts)
VII. Proximity Assessment (1/4 mile radius of location)  Mostly commercial businesses (1 pt)
 Some businesses, some residential (2 pts)
 Mostly residential (3 pts)
VIII. Owner(s) records check
 No criminal incidents (0 pts)
 Minor criminal incidents (2 pts)
 Multiple/Major criminal incidents (3 pts)
OWNER NAME: DOB:

OWNER ADDRESS:

OWNER NAME: DOB:

OWNER ADDRESS:

Recommendation:

Completed by: Badge ID:

Rev
ised: 8/16
2 of 2
Low Risk ( 12pts or less)
Medium Risk (13 – 18pts)
High Risk (19 – 24pts)
Total Points
17 394 of 587
You are invited to attend a:

COMMUNITY MEETING
Date: Monday, November 29, 2021
Time: 4:30 PM – 5:30 PM
Address: 802 B Avenue, National City, CA 91950
This m
eeting is to inform citizens of a use permit application to open a craft liquor store specialized in high end agave spirits located in the side of the new building located in the corner of B Ave & 8th St. The proposed hours of operation are Monday – Sunday from 10 am to 9 pm. Our store will only carry limited edition bottles as well as craft products locally produced and also imported from small villages in Oaxaca.

We are looking forward to meeting you and discussing any concerns or questions you may have regarding this proposed store operations. If you can’t attend the meeting, or if you have any questions before then, please feel free to contact Amar Harrag, the Applicant’s representative, at 619.573.0289 or via email at [email protected].

This notice is being sent to you in fulfillment of the City of National City requirements. This outreach effort to our neighbors is necessary because an application for development or use has been filed with the City of National City Planning Department.
18 395 of 587
Minutes from Community meeting held on 11/26/2021 at 802 B Avenue, National City, CA 91950:
- Meeting time was held from 4:30 pm to 6:00 pm.
- 3 attendees: Joel J. Tubao, Mr Tubao’s father & Chris Meints - All 3 attendees came in support of the project and shared their excitement for it. They agreed to be listed as references if needed.
- No other attendees or anything else to report.
19 396 of 587
RESOLUTION NO. 2022-07

A RESOLUTION OF THE PLANNING COMMISSION

OF THE CITY OF NATIONAL CITY, CALIFORNIA

APPROVING A CONDITIONAL USE PERMIT FOR
DISTILLED SPIRITS SALES (TYPE 21) AT A

PROPOSED RETAIL OUTLET (TAHONA MERCADO)
TO BE LOCATED AT 802 ‘B’ AVENUE.

CASE FILE NO. 2021-27 CUP
APN: 556-472-26

WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for distilled spirits sales (Type 21) at a proposed retail outlet (Tahona Mercado) to be located at 802 ‘B’ Avenu e at a duly advertised public hearing held on March 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. 2021-27 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.

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 March 7, 2022, support the following findings:

1. The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, because the use is allowable within DZ 9 pursuant to a CUP and the proposed use meets the required guidelines in the Land Use Code for alcohol sales, as discussed in the staff report.

2. Alcohol sales are permitted, subject to a CUP, by the Land Use Code, which is consistent with the General Plan. A retail alcohol use is consistent with the Downtown Specific Plan land use designation contained in the Land Use and Community Character element of the General Plan.

3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, DocuSign Envelope ID: BA965A90-7A56-48C1-910A-7347D355D120 20 397 of 587

because no expansion of the building is proposed. The proposal involves an existing commercial vacant suite, which was previously analyzed for traffic impacts when the building was constructed.

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, because the proposed alcohol sales outlet would be consistent with other commercial businesses in the area accessory to the mixed-use commercial and residential building.

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 use would be subject to conditions that limit the hours and manner in which alcohol is sold.

6. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and is not considered a project under CEQA, as no development is proposed. In addition, the proposed use is similar to other commercial uses in the area, which are permitted by right in DZ 9.

7. The proposed use is deemed essential and desirable to the public convenience or necessity, because the sale of distilled spirits sales will contribute to the diversity of local commercial offerings in the area, an allowed use in the DZ 9 zone.

8. Based on findings 1 through 7 above, public convenience and necessity will be served by a propo sed use of the property for the on -site sales of alcoholic beverages pursuant to law.

BE IT FURTHER RESOLVED that the application for a Conditional Use Permit is approved subject to the following conditions:

General

1. This Conditional Use Permit authorizes the sale distilled spirits for off-site consumption at a proposed market (Tahona Mercado) to be located at 802 ‘B’ Avenue. Plans submitted for permits associated with this project shall conform to Exhibit A, Case File No. 2021-27 CUP, dated 2/25/2022.

2. Before this Conditional Use Permit shall become effective, the applicant and the property owner shall both sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the DocuSign Envelope ID: BA965A90-7A56-48C1-910A-7347D355D120 21 398 of 587

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 Director of Community Development prior to recordation.

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

4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time.

5. This Conditional Use Permit may be revoked if the operator is found to be in violation of any Conditions of Approval.

Planning

6. The sale of alcoholic beverages shall be limited to between the hours of 11:00 am to 9:00 pm Monday through Friday and 10:00 am to 10:00 pm Saturday and Sunday.

7. The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited.

8. No beer products shall be sold of less than manufacturer’s pre -packaged three-pack quantities of 24 ounce cans per sale. There shall be no sale of single cans or bottles.

9. Wine shall not be sold in containers of less than 750 milliliters. The sale of wine with an alcoholic content greater than 15% by volume is prohibited.

10. Flavored malt beverages, also known as premium malt beverages and flavored malt coolers, and sometimes commonly referred to as wine coolers, may be sold only by four-pack or other manufacturer’s pre-packaged multi-unit quantities.

11. The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking lots and outbuildings and any property or adjacent property under the control of the Permittee.

12. All cups and containers shall be sold at or above prevailing prices and in their original multi-container packages of no fewer than 12, and no cups and containers shall be given free of charge.

13. Ice may be sold only at or about prevailing prices in the area and in quantities of not less than three pounds per sale. Ice shall not be provided free of charge.

DocuSign Envelope ID: BA965A90-7A56-48C1-910A-7347D355D120 22 399 of 587

14. The Permittee shall post signs in compliance with the requirements and specifications of subsection B of section 10.30.070 on each exterior wall of the licensed premises that faces a vehicle parking lot, to read as follows:
“WARNING
It is unlawful to drink an alcoholic
beverage or to possess an open alcoholic
beverage container in public or in a public parking lot.

NCMC 10.30.050 and 10.30.060.”

15. Containers of alcoholic beverages may not be stored on the premises, after being sold to patrons, for the purpose of later consumption.

16. Every employee of the Permittee, including ownership and management, shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to commencing alcohol sales. As part of the RBSS training, the Permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies.

17. The operator of the business shall maintain an active business license and ensure that the business license is renewed annually.

Police

18. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, display and marketing or merchandising of alcoholic beverages.

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

BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing.

DocuSign Envelope ID: BA965A90-7A56-48C1-910A-7347D355D120 23 400 of 587
CERTIFICATION:

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

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

A
BSENT: None.

A
BSTAIN: None.
________________________

CHAIRPERSON
DocuSign Envelope ID: BA965A90-7A56-48C1-910A-7347D355D120 3/14/2022
Ditas Yamane
24 401 of 587
8th STREET
ALLEY

B STREET
9th STREET
STORE

SITE PLAN
ESC. 1:2000
Exhibit A
Case File No.: 2021-27 CUP
Date: 2/25/2022
ATTACHMENT 4
25 402 of 587

STORAGE
21'-9"
11'-3"

CASHIER
7'
10'-2"
3'
5'
19'-3"
3'-3"

STORE PLAN
ESC. 1:50
26 403 of 587
3/16/2022
1 Public Hearing
Conditional Use Permit
for distilled spirits sales at Tahona
Mercado located at 802 ‘B’ Ave.
2021-27 CUP
Overhead
ATTACHMENT 5
27 404 of 587
3/16/2022
2 Site Characteristics:
 Vacant commercial suite in new Parco development
 Mixed-use residential / commercial building in Downtown  Between E. 8th & 9th Streets / ‘B’ Avenue and alley to W  Approx. 500 ft² suite (including +/- 100 ft² storage area)  Located along ‘B’ Ave. frontage
 Area mostly adjacent to commercial uses
 Residential use to W and on E. 9th St.

Proposal:
 Applicant wishes to operate high-end craft liquor store  Type 21 ABC license
 High-quality Mexican liquor (small producers and
artisanal companies)
 Most products will be of exclusive and unique nature
 3 employees
28 405 of 587
3/16/2022
3 Floor Plan
Analysis:
 NCMC 18.30.050 allows for off-site alcohol sales with approved CUP
 Additional requirements for alcohol CUPs:
 Mailing – Owners/occupants within 660 ft. (684)
 Community Meeting – 11/26/21 at 4:30 p.m. (3 attendees)  Distance Requirements –> 660 ft. from I-zoned schools / 500 feet from other liquor stores
 Central Elementary 750 ft. away
 Wilson Liquor 2,000 ft. away
 City Council Policy 707
29 406 of 587
3/16/2022
4 Analysis (cont.):
 Alcohol Sales Concentration/Location
 Per ABC, there are 8 off-sale licenses in census tract  Maximum of four are recommended
 Census tract is considered to be over-saturated
Name Address License Type* CUP
Seafood City 1420 E. Plaza Blvd. Suite C 21 Y
Big Ben Market 108 E. 8th St. 21 Y
Wal Mart 1200 Highland Ave. 20 Y
Smart & Final 1220 E. Plaza Blvd. Suite 510 21 Y
CVS Pharmacy 1201 E. Plaza Blvd. 21 Y
7 Eleven 1539 Highland Ave. 20 Y
Wilson’s Liquor 916 E. 8th St. 21 Y
Bottles & More Liquor 1535 E. 18th St. 21 -
Analysis (cont.):
 Issues related to liquor sales related to smaller
quantities / cheaper products
 Usually contained to non-CUP businesses
 Businesses with CUPs have limitations on size, type
 No airplane bottles or pints
 No malt liquor in certain sizes (e.g. 22s, 40s)
 These products not part of proposed sales inventory
30 407 of 587
3/16/2022
5 Comments:

Police Department (PD)
 Risk Assessment – 13 points
 Medium Risk – 13 to 18 points
 Assigns points based on type of business, license concentration, calls for service, etc.

Institute for Public Strategies (IPS)
 No comments received as of writing of this report
 Usual recommendation of RBSS training (condition)
Public Comment
 No public comment received as part noticing
Conditions/Summary:
 Conditions of Approval include those specific to off-site alcohol sales per Council Policy 707 (alcohol container volume, size, and number; RBSS training, hours,
accessory sales, etc.).
 Proposed use consistent with General Plan
 Alcohol sales conditionally-allowed use in DZ 9
 Would contribute to diversity of downtown commercial offerings  High crime area, other outlets in close proximity that  Conditions requiring compliance with City Council
Policy 707 intended to alleviate concerns
 Higher-end product/self-policing
31 408 of 587
3/16/2022
6  Approve CUP based on attached findings / findings
determined by the Commission; or
 Deny CUP based on attached findings / findings
determined by the Commission; or
 Continue the item for additional information
 Staff recommending approval
 Notice of Decision to City Council
Options:

Floor Plan
32 409 of 587

The following page(s) contain the backup material for Agenda Item: Notice of Decision – Planning Commission approval of a Conditional Use Permit for the operation of a veterinary clinic at an existing Petco store located at 3426 Highland Ave, Suite B. (Applicant: Pierre Cabral) (Case File 2021-29 CUP) (Planning)
Please scroll down to view the backup material.
410 of 587

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:
___________________
________________
April 5, 2022
Notice of Decision – Planning Commission approval of a Conditional Use Permit for the operation of a veterinary clinic at an existing Petco pet store located at 3426 Highland Ave, Suite B. (Applicant:

Pierre Cabral) (Case File 2021-29 CUP)
Community Development
The applicant is requesting to o perate a veterinary clinic at a n existing 14,116 square-foot pet store.

The clinic will provide a full r ange of services including medi cal and surgical care. The proposed operation hours are 8:00 a.m. to 9:00 p.m. seven days a week.

The Planning Commission conducted a public hearing on March 7, 2022. The Commission voted to recommend approval of the request based on the attached finding s and recommended Conditions of Approval.

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

1. Overhead 4. Reduced Plans

2. Planning Commission Staff Report 5. PowerPoint slides from PC meeting

3. Resolution No. 2022-08
This is a project under CEQA subject to a Categorical Exemption. Existing Facilities. CCR 15301. This project qualifies for a Notice of Exemption. CCR 15374.

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 recommended approval of the Conditional Use Permit.

Ayes: Dela Paz, Natividad, Roman, Sanchez, Sendt, Valenzuela, Yamane 619-336-4224
David Welch
Director of Community Development
411 of 587
ATTACHMENT 1
2021
-29 CUP – 3426 Highland Avenue, Suite B – Overhead
N
1 412 of 587
Item no. 5
March 7, 2022

C

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

PLANNING COMMISSION STAFF REPORT

Title: PUBLIC HEARING – CONDITIONAL USE PERMIT FOR

THE OPERATION OF A VETERINARY CLI NIC AT AN
EXISTING PETCO PET STORE LOCATED AT 3426

HIGHLAND AVENUE, SUITE B

Case File No.: 2021-29 CUP

Location: 3426 Highland Avenue, Suite B

Assessor’s Parcel Nos.: 562-323-32

Staff report by: David Welch – Associate Planner

Applicant: Pierre Cabral

Zoning designation: MXD-2 (Major Mixed-Use District)

Adjacent use and zoning:

North: Commercial across State Highway 54 / MXD -2 (Major Mixed-Use District)

East: U-Haul and building material supply across Highland Ave. / City of Chula Vista

South: Retail and light industrial / City of Chula Vista

West: Wal-Mart and other retail / City of Chula Vista

Environmental review: Categorical Exemption Class 1, Section 15301 Existing Facilities

Staff recommendation: Approve
2 413 of 587
Planning Commission
Meeting of March 7, 2022

Page 2 ends

Staff Recommendation
Staff recommends approval of the request for the operation of a veterinary clinic, subject to the attac hed recommended conditions. A veterinary cl inic is a conditionally-allowed use in the M ajor Mixed-Use District zone and would be accessory to the existing retail pet store (Petco).

Executive Summary
The applicant has applied for a Conditional Use Permit (CUP) to o p e r a t e a veterinary clinic in an existing pet store. In addition to the CUP, the use must operate in conformance Section 18.30.205 of the Land Use Code ( LUC), which requires both distance requiremen ts to other uses and certain o perational requirements. Conditions are proposed to ensure that the proposed use operates in accordance with the LUC and during normal business hours for the pet store.

Site Characteristics
The project site is Petco, a 14, 116 square foot retail pet stor e within the South Bay Marketplace shopping center. The shopping center is located on the south side of National City, south of S tate Highway 54 on a 14-acre s ite in the Major Mixed-Use District (MXD-2) zone. The site is bordered by the Ci ty of Chula Vista to the east, south, and west. No residences or residential zones are in the vicinity of the site. The nearest restaurant is located approximately 300 feet from the pet store.

Proposed Use
The applicant is proposing to oper ate a veterinary clinic in th e existing Petco store. The clinic will provide a full range of services includi ng medical and surgical care. Services will pr imarily be for dogs and cats. In terior work is proposed to create a new waiting r oom, exam rooms, treatment ro om, surgery room, and an indoor kennel room. The area of the improvement in cludes 1,553 square feet of the 13,116 square- foot pet store. Proposed operating hours are during normal Petco business hour s, which range from 8:00 a.m. to 9:00 p.m. daily.

3 414 of 587
Planning Commission
Meeting of March 7, 2022

Page 3 ends

Analysis
Section 18.30.250 of the LUC allows for veterinary clinics with an approved CUP.

Additional requirements for veterinary clinics include distance requirements, demonstrating that adequate measures and controls have been taken to prevent offensive noise and order , no incineration of refuse or animal carcasses on the premises, and that the clinic is not to operate as a kennel . Conditions will ensure the proposed use meets the requirements of the code.

Mailing
– All property owners and occupants within a distance of 300 feet are required to be notified of a public hearing for a CUP . Notice of this public hearing was sent to 36 occupants and owners.

Distance Requirements
- Section 18.030.250(B) of the LUC requires a 100- foot distance from any residentia l zone, restaurant, hotel, or motel; there are no zones within 100 feet of the site. No hotels or motels exist within the vicinity. The nearest restaurant is McDonald’s, which is approximately 300 feet from the Petco store where the veterinary clinic will be location. Both the existing and proposed uses sit on separate parcels within the shopping center, which are more than 100 feet apart.

Public Comment
No public comment was received as part of the public hearing notice.

Findings for Approval
The Municipal Code contains six required findings for CUPs as follows:

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

The use is allowable within the MXD-2 zone pursuant to a CUP and the proposed use meets the required guidelines in the Land Use Code for a veterinary clinic , as discussed in the staff report.

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

A veterinary clinic is permitted, subject to a CUP, by the Land Use Code, which is consistent with the General Plan. A pet store with accessory veterinary clinic is 4 415 of 587
Planning Commission
Meeting of March 7, 2022

Page 4 ends

consistent with the MXD -2 land use designation contained in the Land Use and Community Character element of the General Plan.

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

Only interior improvement of the building are proposed. The proposal involves an existing pet store, which is part of larger, existing shopping center. Operations are only proposed to take place within the normal business hours of the pet store.

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.

The proposed veterinary clinic would be accessory to the primary use of a pet store. No expansion of the building is proposed.

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 use would not be injurious or detrimental to the public, as it is located in a commercial zone and surrounded by uses that primarily operate during the day.

All operations will be conducted indoors and conditions will be in place to prevent offensive noise and odors.

6. 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 a CEQA environmental review as defined in Categorical Exemption Class 1, Section 15301 Existing Facilities.

Department Comments
The application was routed to the Fire Department. No comments were received.

5 416 of 587
Planning Commission
Meeting of March 7, 2022

Page 5 ends

Conditions of Approval
Conditions have been added to mitigate any potential issues including: limiting hours of operation, limiting the types of animals receiving treatment and services, requiring all activities to take place within the building, limitations on both odor and noise consistent with the National City Municipal code, limitations on the handling of animal refuse or carcasses, and limitations on kenneling and boarding of animals.

Summary
The proposed use is consistent with the General Plan due to veterinary clinics being cond itionally-allowed uses in the MXD- 2 zone. The veterinary clinic use would continue to be accessory to the existing pet store use in an established commercial area. The inclusion of conditions related to odor and noise standards is intended to alleviate concerns related to area impacts.

Options

1. Approve 2021-29 CUP subject to the conditions listed within, based on the attached findings, or findings to be determined by the Planning Commission; or

2. Deny 2021-29 CUP based on the findings to be determined by the Planning Commission; or,

3. Continue the item to a specific date in order to obtain additional information.

6 417 of 587
Planning Commission
Meeting of March 7, 2022

Page 6 ends

Attachments

1. Recommended Findings

2. Recommended Conditions of Approval

3. Overhead

4. Applicant's Plans (Exhibit A, Case File No. 2021-29 CUP, dated 12/13/2021)

5. Public Hearing Notice (Sent to 36 property owners & occupants)

6. Resolution

DAVID WELCH ARMANDO VERGARA Associate Planner Director of Community Development 7 418 of 587

RECOMMENDED FINDINGS FOR APPROVAL
2021-29 CUP – 3426 Highland Avenue, Suite B

1. The propos
ed use is allowable within the applicable zoning district pursuant to a CUP and complies with all other applicable provisions of the L UC because a veterinary clinic is permitted in the MXD -2 zone, subject to a CUP, and the clinic complies with all provisions of the LUC as discussed in the staff report.

2. The propos
ed use is consistent with the General Plan and any applicable specific plan because a veterinary clinic is permitted, subject to a CUP, by the Land Use Code, which is consistent with the General Plan. A pet store with accessory veterinary clinic is consistent with the MXD-2 land use designation contained in the Land Use and Community Character element of the General Plan.

3. The desi
gn, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity because the proposed veterinary clinic is located in a commercial zone that allows for such a use. Only interior improvement of the building are proposed. The proposal involves an existing pet store, which is part of larger, existing shopping center. Operations are only proposed to take place within the normal business hours of the pet store.

4. The si
te is physically suitable for the type, density, and intensity in use being proposed, including access, utilities, and the absence of physical constraints because the proposed veterinary clinic would be accessory to the primary use of a pet store. No expansion of the building is proposed.

5. Grant
ing the permit would not constitute a nuisance, 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 use would not be injurious or detrimental to the public, as it is located in a commercial zone and surrounded by uses that primarily operate during the day. All operations will be conducted indoors and conditions will be in place to prevent offensive noise and odors.

6. The propo
sed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) because staff has determined that the proposed use is categorically exempt from a C EQA environmental review as defined in Categorical Exemption Class 1, Section 15301 Existing Facilities. 8 419 of 587

RECOMMENDED CONDITIONS OF APPROVAL
2021-29 CUP – 3426 Highland Avenue, Suite B
General

1. This Conditional Use Permit authorizes a veterinary clinic at 3426 Highland Avenue, Suite B. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File No. 2021-29 CUP, dated 12/13/2021).

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 D ivision 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 assignee prior to recordation.

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

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.

Planning

5. The v
eterinary clinic operations shall be conducted in a manner that does not create a public or private nuisance. Any such nuisance must be abated immediately upon notice by the City of National City.

6. The veterinary clinic shall be permitted only between the hours of 8:00 a.m. and 9:00 p.m. daily.

7. Veterinary treatment and services shall be limited to small domesticated animals or household pets commonly maintained in a residence.
9 420 of 587

8. Al
l operations and activities related to the veterinary clinic must be conducted within the building.

9. Doors to the suite must be closed at all ti mes to mitigate any potential odor or noise impacts.

10. All activities shall abide by the limitations contained in Section 18.40.030.J (Odor) of the Land Use Code and Title 7.08 (Environmental Conditions) of the National City Municipal Code.

11. All activities shall abide by the limitations contained in Table III of Title 12 (Noise) of the National City Municipal Code.

12. No incineration of refuse or animal carcasses is permitted on the premises.

13. No drop off of animal carcasses is permitted on the premises.

14. Animals may only be kenneled if undergoing treatment or procedures at the veterinary clinic. No pet day care is permitted with this use.

15. No overnight boarding of animals is permitted with this use.

16. A business license shall be obtained before the business can operate and maintained for the duration of the operation of the use.

17. Any future intensification of this use will require an amendment to the approved Conditional Use permit.

18. Any necessary building permits for construction or demolition work in the suite shall be obtained from the Building Division prior to the work.
10 421 of 587

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

NOTICE OF PUBLIC HEARING

CONDITIONAL USE PERMIT FOR THE OPERATION OF A

VETERINARY CLINIC AT AN EXISTING PETCO PET STORE
LOCATED AT 3426 HIGHLAND AVENUE, SUITE B
CASE FILE NO.: 2021-29 CUP
APN: 562-323-32
The National City Planning Commission will hold a public hearing at their regular online meeting after the hour of 6:00 p.m. Monday, March 7, 2022, on the proposed request. The meeting will be LIVE WEBCAST from the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request . (Applicant:

Pierre Cabral)
Due to the precautions taken to combat the continued spread of coronavirus (COVID-19), City Council Chambers are closed to the public. Anyone interested in this public hearing may observe it on the City’s website at http://nationalcityca.new.swagit.com/views/33.

The applicant is proposing to operate a new veterinary clinic within an existing 14,116 square-foot Petco store. The clinic will be comprised of a 1,553 square- foot remodeled space. Services will include both medical and surgical care, primarily for dogs and cats,
provided by a state-licensed veterinarian. Veterinary care services will only be available during normal Petco business hours, which are from 8:00 am to 9:00 pm daily.

Plans are available for review at the City’s Planning Division, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Division on or before 4:00 p.m., March 7, 2022 by submitting it to [email protected]. Planning staff who can be co ntacted at 619-336- 4310 or [email protected].

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

NATIONAL CITY PLANNING DIVISION
11 422 of 587
ATTACHMENT 6
RESOLUTION NO. 2022-08

A RESOLUTION OF THE PLANNING COMMISSION

OF THE CITY OF NATIONAL CITY, CALIFORNIA

APPROVING A CONDITIONAL USE PERMIT FOR THE OPERATION OF A

VETERINARY CLINIC AT AN EXISTING PETCO PET STORE LOCATED AT 3426 HIGHLAND AVENUE, SUITE B
CASE FILE NO. 2021-29 CUP
APN: 562-323-32

WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for a veterinary clinic for the property located at 3426 Highland Avenue, Suite B at a duly advertised public hearing held on March 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. 2021-29 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.

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 March 7, 2022, support the following 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 L UC because a veterinary clinic is permitted in the MXD-2 zone, subject to a CUP, and the clinic complies with all provisions of the LUC as discussed in the staff report.

2. The proposed use is consistent with the General Plan and any applicable specific plan because a veterinary clinic is permitted, subject to a CUP, by the Land Use Code, which is consistent with the General Plan. A pet store with accessory veterinary clinic is consistent with the MXD-2 land use designation contained in the Land Use and Community Character element of the General Plan.

DocuSign Envelope ID: BA965A90-7A56-48C1-910A-7347D355D120 12 423 of 587

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 because the proposed veterinary clinic is located in a commercial zone that allows for such a use. Only interior improvement of the building are proposed. The proposal involves an existing pet store, which is part of larger, existing shopping center. Operations are only proposed to take place within the normal business hours of the pet store.

4. The site is physically suitable for the type, density, and intensity in use being proposed, including access, utilities, and the absence of physical constraints because the proposed veterinary clinic would be accessory to the primary use of a pet store. No expansion of the building is proposed.

5. Granting the permit would not constitute a nuisance, 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 use would not be injurious or detrimental to the public, as it is located in a commercial zone and surrounded by uses that primarily operate during the day. All operations will be conducted indoors and conditions will be in place to prevent offensive noise and odors.

6. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) because staff has determined that the proposed use is categorically exempt from a CEQA environmental review as defined in Categorical Exemption Class 1, Section 15301 Existing Facilities.

BE IT FURTHER RESOLVED that the application for a Conditional Use Permit is approved subject to the following conditions:

General

1. This Conditional Use Permit authorizes a veterinary clinic at 3426 Highland Avenue, Suite B. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File No. 2021-29 CUP, dated 12/13/2021).

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 DocuSign Envelope ID: BA965A90-7A56-48C1-910A-7347D355D120 13 424 of 587

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 assignee 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 Division.

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.

Planning

5. The veterinary clinic operations shall be conducted in a manner that does not create a public or private nuisance. Any such nuisance must be abated immediately upon notice by the City of National City.

6. The veterinary clinic shall be permitted only between the hours of 8:00 a.m. and 9:00 p.m. daily.

7. Veterinary treatment and services shall be limited to small domesticated animals or household pets commonly maintained in a residence.

8. All operations and activities related to the veterinary clinic must be conducted within the building.

9. Doors to the suite must be closed at all times to mitigate any potential odor or noise impacts.

10. All activities shall abide by the limitations contained in Section 18.40.030.J (Odor) of the Land Use Code and Title 7.08 (Environmental Conditions) of the National City Municipal Code.

11. All activities shall abide by the limitations contained in Table III of Title 12 (Noise) of the National City Municipal Code.

12. No incineration of refuse or animal carcasses is permitted on the premises.

13. No drop off of animal carcasses is permitted on the premises.

DocuSign Envelope ID: BA965A90-7A56-48C1-910A-7347D355D120 14 425 of 587

14. Animals may only be kenneled if undergoing treatment or procedures at the veterinary clinic. No pet day care is permitted with this use.

15. No overnight boarding of animals is permitted with this use.

16. A business license shall be obtained before the business can operate and maintained for the duration of the operation of the use.

17. Any future intensification of this use will require an amendment to the approved Conditional Use permit.

18. Any necessary building permits for construction or demolition work in the suite shall be obtained from the Building Division prior to the work.

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

BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing.

CERTIFICATION:

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

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

ABSENT: None.

ABSTAIN: None. ________________________

CHAIRPERSON
DocuSign Envelope ID: BA965A90-7A56-48C1-910A-7347D355D120 3/14/2022
Ditas Yamane
15 426 of 587
(E) CURB RAMP AND DETECTABLE
WARNING PER FIGURE 406.2.2 AND
SECTION 11B-705.1
(E) ACCESSIBLE PARKING

PARKING TO REMAIN
(E) ACCESSIBLE PATH OF
TRAVEL. PATH OF TRAVEL TO
BE MAX 5% SLOPE IN THE

DIRECTION OF TRAVEL WITH
2% MAX CROSS SLOPE
Grocery Outlet
3446
Old Navy
3440A
(E) TOW
SIGNAGE.

REF TO
03A/A0.5
01 A0.5
(E) RAMP AND DETECTABLE

WARNING PER SECTION
11B-405 AND SECTION
11B-705.1

VAN ACCESSIBLE

PARKING ONLY
MINIMUM FINE $250

UNAUTHORIZED VEHICLES

PARKING IN DESIGNATED

ACCESSIBLE SPACES

NOT DISPLAYING

DISTINGUISHED PLACARDS

OR SPECIAL LICENSE PLATES

ISSUED FOR PERSONS

WITH DISABILITIES

WILL BE TOWED AWAY AT
OWNER'S EXPENSE.

TOWED VEHICLES MAY BE

RECLAIMED AT

OR BY TELEPHONING
6'-0"
3'-0"
(N) VET SERVICES

ENTRANCE

NO PARKING
11'-10"
18'-0"
9'-8" V.I.F. 9'-6"
(E) BLUE STRIPED

ACCESSIBLE AISLE,
MAX 2% SLOPE ANY

DIRECTION, TYPICAL
(E) STANDARD

ACCESSIBLE

PARKING WITH (N)

BLUE PAINTED
BORDER. MAX 2%

SLOPE ANY

DIRECTION
(E) WHITE LETTERING,
12" MIN. HT. TYPICAL
3'-4"
3'-4"
(E) SYMBOL OF

ACCESSIBILITY,

TYPICAL
(E) STANDARD

ACCESSIBLE

PARKING WITH (N)

BLUE PAINTED
BORDER. MAX 2%

SLOPE ANY

DIRECTION
3'-4"
3'-4"
(E) SYMBOL OF

ACCESSIBILITY,

TYPICAL
(E) BOLLARD
(E) PETCO

ENTRANCE
(E) ACCESSIBLE PARKING

SIGN PER SECTION
11B-502.6.2 & 03/A0.5
(E) WHEEL
STOP, TYP.
(E) VAN ACCESSIBLE PARKING
SIGN PER SECTION 11B-502.6 &
03B/A0.5
(E) BOLLARD
18'-0"
18'-0"
(E) WHEEL
STOP, TYP.
3'-0"
7'-0" 7'-0"
(E) RAMP WITH MAX 8.3% SLOPE IN
DIRECTION OF TRAVEL AND 2%

CROSS SLOPE
(E) RAMP WITH MAX 8.3%

SLOPE IN DIRECTION OF
TRAVEL AND 2% CROSS
SLOPE
(E) DETECTABLE WARNING PER
SECTION 11B-705.1
RAMP DN.
1:12 MAX
RAMP DN.
1:12 MAX
A0.5

SITE PLAN
01 ENLARGED SITE PLAN - ADA
SCALE: 3/16"=1'-0" REF.:
03 ADA PARKING SIGN DETAIL
SCALE: 3/8"=1'-0" REF.:

Seal & Signature
Project
"NEXUS TIER B - NATIONAL CITY, CA"
3426 HIGHLAND AVE STE B
NATIONAL CITY, CA 91950
Drawing Title
Drawing Number
FILENAME:\\irv02\Projects\Petco\18\18519101A_Petco National City, CA\07_CAD\703_ConstDocs\04_Set_\03-1_NATL CITY_A0-5.dwg | PLOTTED BY:Ellie Alikhani | DATE: October 21, 2021 Drawn By: Checked By: MM
Project No. 18-5191-01A
Owner
654 Richland Hills Drive
SAN ANTONIO, TX 78245
M: 858.877.1285
CONTACT: PIERRE CABRAL,

CONSTRUCTION MANAGER
[email protected]
Petco Animal Supplies
Stores, Inc.

Architect
IRVINE, CA 92612
T: 949.705.0747
3333 MICHELSON DR, STE 100
MG2 CORPORATION
Distribution:

Contact: MATTHEW MCCLELLAN,

PROJECT MANAGER
[email protected]
Petco Job No. 1196
Date:
09-16-21

CONTRACTOR(S) SHALL VERIFY EXISTING

CONDITIONS AND CORRELATE DIMENSIONS PRIOR

TO PROVIDING WORK DETAILED IN THESE

DRAWINGS, AND SHALL PROMPTLY NOTIFY THE
ARCHITECT OF ANY DISCREPANCIES. COPYRIGHT
MG2, UNAUTHORIZED REPRODUCTION OR OTHER
USE OF THIS DRAWING IS PROHIBITED.

MEP ENGINEER
SANTA CLARITA, CA 91350
T: 661.291.4265
26415 CARL BOYER DR

AYRES ASSOCIATES
INC.

Contact: ANDY WILKINSON,

PROJECT ENGINEER
[email protected]
TERRY W. ODLE
CA LICENSE C21913
10-07-21
1st CD Submission
Comprehensive Review Set
Bid Set/Permit Set
Final Review CD set 10-21-21
11-04-21
02 SITE PLAN
SCALE: 1"=50'-0" REF.:

ATTACHMENT 4
Exhibit A
Case File No. 2021-29 CUP
Date: 12/13/2021
16 427 of 587
12346 5
A
A.1
B
C
D
PS
Seal & Signature
Project
"NEXUS TIER B - NATIONAL CITY, CA"
3426 HIGHLAND AVE STE B
NATIONAL CITY, CA 91950
Drawing Title
Drawing Number
FILENAME:\\irv02\Projects\Petco\18\18519101A_Petco National City, CA\07_CAD\703_ConstDocs\04_Set_\07_NATL CITY_A2-1.dwg | PLOTTED BY:Ellie Alikhani | DATE: October 14, 2021 Drawn By: Checked By: MM
Project No. 18-5191-01A
Owner
654 Richland Hills Drive
SAN ANTONIO, TX 78245
M: 858.877.1285
CONTACT: PIERRE CABRAL,

CONSTRUCTION MANAGER
[email protected]
Petco Animal Supplies
Stores, Inc.

Architect
IRVINE, CA 92612
T: 949.705.0747
3333 MICHELSON DR, STE 100
MG2 CORPORATION
Distribution:

Contact: MATTHEW MCCLELLAN,

PROJECT MANAGER
[email protected]
Petco Job No. 1196
Date:
09-16-21

CONTRACTOR(S) SHALL VERIFY EXISTING

CONDITIONS AND CORRELATE DIMENSIONS PRIOR

TO PROVIDING WORK DETAILED IN THESE

DRAWINGS, AND SHALL PROMPTLY NOTIFY THE
ARCHITECT OF ANY DISCREPANCIES. COPYRIGHT
MG2, UNAUTHORIZED REPRODUCTION OR OTHER
USE OF THIS DRAWING IS PROHIBITED.

MEP ENGINEER
SANTA CLARITA, CA 91350
T: 661.291.4265
26415 CARL BOYER DR

AYRES ASSOCIATES
INC.

Contact: ANDY WILKINSON,

PROJECT ENGINEER
[email protected]
TERRY W. ODLE
CA LICENSE C21913
10-07-21
1st CD Submission
Comprehensive Review Set
Bid Set/Permit Set
Final Review CD set 10-21-21
11-04-21
A2.1

FLOOR PLAN
01 FLOOR PLAN
SCALE: 1/8" = 1'-0" REF.:

ARCHITECTURAL
17 428 of 587
D C B A.1
grooming
Seal & Signature
Project
"NEXUS TIER B - NATIONAL CITY, CA"
3426 HIGHLAND AVE STE B
NATIONAL CITY, CA 91950
Drawing Title
Drawing Number
FILENAME:\\irv02\Projects\Petco\18\18519101A_Petco National City, CA\07_CAD\703_ConstDocs\04_Set_\15_NATL CITY_A4-1.dwg | PLOTTED BY:Ellie Alikhani | DATE: September 21, 2021 Drawn By: Checked By: MM
Project No. 18-5191-01A
Owner
654 Richland Hills Drive
SAN ANTONIO, TX 78245
M: 858.877.1285
CONTACT: PIERRE CABRAL,

CONSTRUCTION MANAGER
[email protected]
Petco Animal Supplies
Stores, Inc.

Architect
IRVINE, CA 92612
T: 949.705.0747
3333 MICHELSON DR, STE 100
MG2 CORPORATION
Distribution:

Contact: MATTHEW MCCLELLAN,

PROJECT MANAGER
[email protected]
Petco Job No. 1196
Date:
09-16-21

CONTRACTOR(S) SHALL VERIFY EXISTING

CONDITIONS AND CORRELATE DIMENSIONS PRIOR

TO PROVIDING WORK DETAILED IN THESE

DRAWINGS, AND SHALL PROMPTLY NOTIFY THE
ARCHITECT OF ANY DISCREPANCIES. COPYRIGHT
MG2, UNAUTHORIZED REPRODUCTION OR OTHER
USE OF THIS DRAWING IS PROHIBITED.

MEP ENGINEER
SANTA CLARITA, CA 91350
T: 661.291.4265
26415 CARL BOYER DR

AYRES ASSOCIATES
INC.

Contact: ANDY WILKINSON,

PROJECT ENGINEER
[email protected]
TERRY W. ODLE
CA LICENSE C21913
10-07-21
1st CD Submission
Comprehensive Review Set
Bid Set/Permit Set
Final Review CD set 10-21-21
11-04-21
A4.1A

EXTERIOR FACADE

ELEVATIONS
01 FRONT ELEVATION
SCALE: 1/4" = 1'-0" REF.: A2.1
18 429 of 587
1 Public Hearing
Conditional Use Permit for a
veterinary clinic to be located at an
exiting Petco at
3426 Highland Ave., Ste. B
Overhead:

N
ATTACHMENT 5
19 430 of 587
2 Site Characteristics:
 Project site is an existing 14,116 square foot Petco
within a 14-acre site in the MXD-2 zone.
 Site is bordered by City of Chula Vista to the east,
south, and west. State Highway 54 is to the north.
 No residences in the vicinity.

Proposal:
 A 1,553 square-foot veterinary clinic is proposed within the existing Petco. A commercial interior tenant
improvement is part of the project.
 Proposed hours of operation are 8:00 a.m. to 9:00 p.m. during normal Petco hours.
 Services will be primarily for dogs and cats and include surgeries and other treatments typical of a vet clinic. 20 431 of 587
3 Site Plan:

Proposed
Floor Plan:
21 432 of 587
4 Proposed
Floor Plan:

Site Photos:
22 433 of 587
5 Site Photos:

Analysis:
 Veterinary clinics permitted in the MXD-2 zone with a CUP.
 Other requirements include the following:
 100-foot distance from any residential zone, restaurant, hotel, or motel. The nearest restaurant is 300 feet away (McDonald’s). No other uses in the vicinity.
 Adequate measures and controls to prevent noise and odor.  No incineration or refuse of animal carcasses on the premises.  The clinic may not operate as a kennel.
 Conditions in place to address these requirements.
23 434 of 587
6 General Plan and CEQA:
 A pet store with accessory veterinary clinic is consistent with the MXD-2 land use designation contained in the
Land Use and Community Character element of the
General Plan.
 Staff has determined that the proposed project is
categorically exempt from CEQA under Section 15301
Existing Facilities
Conditions:
 Conditions of approval include:
 Limiting hours of operation
 Types of animals receiving treatment and services
 Activities to take place in the building
 Odor and noise control consistent with NCMC
 Handling of animal refuse or carcasses
 Limiting kenneling and boarding
24 435 of 587
7  Approve CUP based on attached findings / findings
determined by the Commission, subject to attached
conditions; or
 Deny CUP based on findings to be determined by the
Commission; or,
 Continue the item for additional information
 Staff recommending approval
 Notice of Decision to City Council
Options:

Proposed
Floor Plan:
25 436 of 587

The following page(s) contain the backup material for Agenda Item: Notice of Decision – Planning Commission approval of a Conditional Use Permit for the modification of an existing wireless communications facility located at 700 National City Blvd. (Applicant: J5 for Dish) (Case File 2021-30 CUP) (Planning)
Please scroll down to view the backup material.
437 of 587

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:
___________________
________________
April 5, 2022
Notice of Decision – Planning Commission approval of a Conditio nal Use Permit for the modification of an existing wireless communications facility located at 700 Nation al City Blvd. (Applicant: J5 for Dish ) (Case File 2021-30 CUP)
Community Development
The project site is the 12-story Ramada Hotel, which has three existing wireless communications facility on the roof of the building. Dish has applied for a Conditional Use Pe rmit (CUP) to modify the existing approved wireless telecommunications facility and install their own asso ciated equipment. Dish has no equipment on the building currently. Modifications include additional antennas o n the north building façade and on the elevator penthouse, including associated operating equipment.

The Planning Commission conducted a public hearing on March 7, 2022. Commissioners asked questions regarding the site and the proposal. 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 . P l a n s

2. Planning Commission Staff Report 5. PowerPoint slides from PC meeting

3. Resolution No. 2022-09
This is a project under CEQA subject to a Categorical Exemption . New Construction or Conversion of small structures CCR 15303. This project qualifies for a Notice of Exemption. CCR 15374.

FINAL ADOPTION:

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

The Plannin
g Commission recommended 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
438 of 587
ATTACHMENT 3
2021-30CUP – 700 National City Blvd. – Overhead
1 439 of 587
Item no. 6
March 7, 2022
COMMUNITY DEVELOPMENT DEPARTMENT – PLANNING DIVISION
1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950

PLANNING COMMISSION STAFF REPORT
T i t
l e : P U B L I C H E A R I N G – C O N D I T I O N A L U S E P E R M I T F O R

THE MODIFICATION OF AN EXISTING WIRELESS
COMMUNICATIONS FACILITY LOCATED AT 700
NATIONAL CITY BLVD.

Case File No.: 2021-30 CUP
Location: Northwest corner of National City Blvd. and Plaza Blv d. (Ramada Hotel)
Assessor’s Parcel No.: 555-053-17
Staff report by: Martin Reeder, AICP – Principal Planner Applicant: Carie Flores, J5 for Dish
Zoning designation: Downtown Spec ific Plan Development Zone 7 (DZ 7) Adjacent land use/zoning:

North: Esqina Vintage Coffee across W. 7
th St. / DZ 1B
East: Integrity Charter School across National City Blvd. / DZ 5B South: South County Regional Education Center / DZ 6
West: Arco and Jack in the Box across Roosevelt Ave. / DZ 7 Environmental review: Categorically Exempt pursuant to Class 3 Section 15303 (New Construction or Conversion of small structures)
Staff recommendation: Approve
ATTACHMENT 1
2 440 of 587
Planning Commission
Meeting of March 7, 2022

Page 1 ends

Staff Recommendation
Staff is recommending approval of the C onditional Use Permit (CUP) modification request. The proposal will increase the effectiveness of the facility and will increase the effectiveness of the Dish communications network.

Executive Summary
Dish has applied for a Conditional Use Permit (CUP) to modify a n existing approved wireless telecommunications facility and install associated equ ipment. Dish has no equipment on the building currently. Modifications include addi tional antennas and associated equipment.

Site Characteristics
The project site is the 12-story Ramada Hotel, which has an exi sting wireless communications facility on the r oof of the building. The buildi ng has existing panel antennas façade-mounted on the north, south, and east sides of the building, two panel antennas on the north and south facades of the elevator penthouse, and three dish antennas on the roof. The equipment for the facilities area als o located on the roof of the building and are screened by a parapet wall. Two CUPs have been approved for the facility, both in 2000 (Metrocom and Skytel). A substantial conformance review was also approved in approximately 2009 for Cricket Wireless.

Proposal
The applicant is proposing to add three sectors of panel antenn as facing north, east, and west. The north sector antennas would be installed within a screen cover on the north end of the building; the east and west sector antennas wo uld be façade- mounted to the elevator penthouse and painted to match the building, th e same as the existing Cricket Wireless antennas. The screen cover on the north sector would be textured and painted to match the [red] façade of the building. A CUP is required for expansion of existing facilities that do not meet current wireless facility standards (i.e. screening). The new facility is designed to address an area of weak service in the Dish network.

Analysis
The proposal is consistent with General Plan policy E-3.3 (Educ ation and Public Participation) that aims to increase access to wireless interne t connections, computers, and other forms of communication technology. The proposal is al so consistent with the Land Use Code, because wireless communications facilities are a conditionally-allowed use in DZ 7.
3 441 of 587
Planning Commission
Meeting of March 7, 2022

Page 2 ends

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 e xisting 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 is located approximately 150 feet away to the southeast (Harbor View Suites).

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 purs uant to Class 3 Section 15303 (Ne w Construction or Conversion of Small Structures), for which a Notice of the Exem ption 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 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 e xterior of the structure.

The proposed use would be consistent with this description as a new, small facility on an existing structure developed with similar uses.

Conditions of Approval
No department comments were received for the proposal. However, conditions requiring building and fire code compliance are attached, as well as stan dard Conditions of Approval.

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 d istrict pursuant to a CUP and complies with all other applicable provisions of the Land Use Code.

The use is allowable within DZ 7 pursuant to a CUP, and the pro posed facility meets the required telecommunication facility design guidelines that include providing the minimum distance requirements from habitable space and screening the facility.

4 442 of 587
Planning Commission
Meeting of March 7, 2022

Page 3 ends

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 modifications provide added internet/cellular data as well as standard cellphone service capability. In addition, the proposed facility is a conditionally-permitted use in DZ 7.

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 is existing and is being modified to match the same locational and architectural components of the current facility design. The added screening will bring the facility into compliance with current codes.

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.

The site is suitable for the proposed telecommunication facility because the facility is existing and the modifications 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 is existing and the modified version will not be highly visible due to the added screening walls around the antennas on the north side, and the antennas on the elevator housing are out of sight and painted to match the building.

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

The proposed project has been reviewed in compliance with the C EQA. Staff has determined the proposed use to be categorically exempt from env ironmental 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. 5 443 of 587
Planning Commission
Meeting of March 7, 2022

Page 4 ends

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 facilit ies on the basis of the enviro nmental 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 federal permits in order to operate. A Condition of Approval is included requiring these permits.

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 most obvious antennas (north side) from adjacent uses. The antennas mounted on the elevator penthouse w ould be painted to match the structure and are located adjacent to other antennas installed in the same fashion. The additions to the facility will improve coverage in an area with limited service and provide additional reception for Dish customers.

Options

1. Approve 2021-30 CUP subject to the attached conditions, and based on attached findings or other findings as determined by the Planning Commission; or

2. Deny Approve 2021-30 CUP based on findings as determined by the Planning Commission; or,

3. Continue the item for additional information

6 444 of 587
Planning Commission
Meeting of March 7, 2022

Page 5 ends

Attachments

1. Recommended Findings

2. Recommended Conditions

3. Overhead

4. Existing Wireless Fa cilities Map & List

5. Public Hearing Notice (Sen t to 259 property owners and occupants)

6. Notice of Exemption

7. Photo Survey

8. Applicant's Plans (Exhibit A , Case File No. 2021-30 CUP, dated 11/8/2021)

9. Resolution

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

7 445 of 587
ATTACHMENT 1

RECOMMENDED FINDINGS FOR APPROVAL
2021-30 CUP – 700 National City Blvd.

1. That the proposed use is allo wable within the applicable zoning district pursuant to a CUP and complies with all other applicable provisions of the La n d U s e C o d e , because the use is allowable within DZ 7 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 an d any applicable specific plan, because General Plan Policy E-3.3 encourages access to wi reless internet connections, computers , and other forms of communication technology: the proposed facility modifi cations provide added internet/cellular data as well as standard cellphone service capab ility. In addition, the propose d facility is a conditionally-permitted use in DZ 7.

3. That the design, location, siz e, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because the facility is existing and is being modified to match the sam e locational and architectural components of the current facility design, plus add screening to bring the facility into compliance with current codes.

4. That the site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physi cal constraints, because the facility is existing and the modifications meet all development standards and distance requirements of the Land Use Code.

5. That granting the permit woul d 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 is existing and the modified version will not be highly visible due to the added screening walls around the antennas on the north side, and the antennas on the elevator housing are out of sight and painted to match the building.

6. That the proposed project has been reviewed in compliance wi th the California Environmental Quality Act and has been determined to be categorically exempt from environmental review pursuant t o Class 3 Section 15303 (New Con struction or 8 446 of 587
ATTACHMENT 1
Conversion of Small Structures), for which a Notice of Exemptio n will be filed subsequent to approval of this CUP.
9 447 of 587
ATTACHMENT 2

RECOMMENDED CONDITIONS OF APPROVAL
2021-30 CUP – 700 National City Blvd.

General

1. This Conditional Use Permit authorizes the modification of an existing wireless communications facility at 700 National City Blvd. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File No. 2021-30 CUP, dated 11/8/2021. 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 app licant shall pay necessary recording fees to the County. The Notice of Restrict ion shall provide information that conditions imposed by approval of the Conditional Use Permit a r e 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 ap plicant shall pay all necessary environmental filing fees for the San Diego County Cl erk. 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

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

10 448 of 587

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. All required signage for telecommunications facilities, as s pecified by the CFC, if not already on site, shall be designed and installed.

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

Planning

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

10. Screening walls shall be textured and painted to match the architectural style and color of the existing building. Façade -mounted antennas (i.e. elevator penthouse) shall be painted to match the color of the wall to which they are attached. At such time as the building changes color significan tly (e.g. rebranding, repainti ng), antennas and screening installations on the north elevation shall be repainted to match.

11. All roof-mounted equipment shall be painted to match the nearest building wall to where it is located. Other equipment must be screened from view. Any apparatus visible to the exterior of the facility, including cable chases/trays, shall be painted to match the surface on which it is mounted.

12. 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.

13. The applicant or operator s hall be responsible for the remo val and disposal of any antennas, equipment or faciliti es that are abandoned, decommiss ioned, or become obsolete within six (6) months of discontinuance.

11 449 of 587
#*
#*#*
#*
#*
!(
!(
!(
!(
!(
!(
!(!(!( !(
!(
!( !(
!( !(
!(
!(
!(!(
!(!(
!( !(!(!(!(
!(
!(
!(
!(
!(
!(
!(
!(
!(!(!(
!( !(!(!( !(
!(
!(
!(!(
!(
!(!(
!( !(!(
!(
!( !(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(
!(!(
!(
!( !(
!(
!(
H IGHWAY 54
8TH
18TH
PLAZA
24TH
PALM

HIGHLAND

DIVISION
EUCLID
INTERSTATE 5

NATIONAL CITY
30TH
HARBO
R
INTERSTATE 805

SWEETWATER

TIDELANDS
7 9
4 6
8 5
2 1
19 24
81 80
79 78
75 73
72 71
70 74
69 68
67 65
64 63
61 60
58 44
34 36
14 30
12 53
41 52
20 32
21 39
372255
51 40
10 86
83 82
Wireless Communication Facilities
National City Planning Department 2012
Í
0 2,750 5,5001,375
Feet
!( Wireless facilities in National City
#* Wireless facilities in unincorporated area
12 450 of 587
FACILITY APN LOCATION PROVIDER FILE_NO_
1 562-340-44 2434 Southport Urban Comm Rad CUP-1992-11
2 562 340 26 300 W 28th AirTouch CDC Reso 94-28
562-340-26 300 W 28th Nextel CUP-2003-30
4 559-032-02 1215 Wilson Pac Bell CUP-1995-11
5 557-410-03 1645 E Plaza Pac Bell CUP--1995-13
6 555-086-11 910 Hoover AirTouch CUP-1995-18
7 556-471-24 801 National City Blvd AT&T CUP-1996-2
556-471-24 801 National City Blvd Nextel CUP-1994-8
556-471-24 801 National City Blvd Pagenet CUP-1996-12
556-471-24 801 National City Blvd AT&T CUP-1999-5
8 554-120-30 2400 E 4th AT&T CUP-1996-4
and equipment cabinet.
9 559-160-13 1022 W Bay Marin GTE CUP-1996-5
10 563-370-36 3007 Highland Pac Bell CUP-1996-6
12 554-050-12 303 Palm AirTouch CUP-1996-8
at base.
554-050-12 303 Palm Sprint PCS CUP-2001-10
Radio communication facilitv (microwave transmitter)- 80-foot tall tower and 8-foot in diameter dish antenna 75-foot monopole with three sector antennas and 450-sa foot eauipment buildina.

Located on a 360-sa foot building. Cellular facilitv- 60-foot monopole with twelve panel antennas.

Located on roof of existina building. PCS facilitv- six roof-mounted antennas and two ground-mounted equipment boxes.

Located on roof of Qualitv Inn. PCSfacilitv- six panel antennas and equipment cabinet.

Located atop Red Lion Hotel. Wireless communication facility- four antennas and radio base svstem. 12 antennae on existing communications tower and a 270 square foot equipment enclosure adiacent to existing equipment Located on existing Super Saver buildina. PCSfacilitv- six panel antennas and two equipment cabinets.

Located on existing building. Cellular facilitv- three support structures with five panel antennas each, two dish antennas Located on roof of Red Lion Hotel. Paging facilitv- four whip antennas, one global positioning satellite antenna and equipment cabinet.

Located on roof of Paradise Valley Hospital. Paaina facilitv- four whip antennas, one alobal POsitioninasatellite antenna and equipment cabinet
Located on roof of hotel. Paging facility- four antennas and eauipment cabinet one floor down from roof.

Located on roof of Red Lion Hotel. ESMR facilitv- three whip antennas and eauipment cabinet. 60-foot hiah monopole with six whip antennas, thirty directional cellular antennas, and three dishes with an eauiDmentcabinet Located on National Guard Armory property. PCSfacility six antennas in three 40-foot flag poles, one GPS antenna and a new equipment building.
13 451 of 587
14 564-471-01 3030 Plaza Bonita Rd Nextel CUP-1997-8
564-471-01 3030 Plaza Bonita Rd Pac Bell CUP-1996-7
16 557-420-36 1840 E 12th Nextel CUP-1999-4
20 555-082-11 111 W 9th Sprint CUP-2000-9
21 555-030-21 330 National City Blvd GTE CUP-2000-11
22 564-250-50 2435 Sweetwater Sprint CUP-2000-14
30 557-420-36 1905 E Plaza Sprint PCS CUP-2001-3
32 556-473-18 242 E 8th AT&T CUP-2001-6
34 563-370-35 3007 Highland Nextel CUP-2001-12
36 563-231-38 1914 Sweetwater Cingular CUP-2002-3
37 564-310-37 3737 Sweetwater Cingular CUP-2002-4
39 556-101-15 241 National City Blvd Cingular CUP-2002-6 40 558-200-24 2415 E 18th Cingular CUP-2002-13
41 556-354-13 716 Highland AT&T CUP-2002-14
existing.
44 556-590-61 1019 Highland Sprint PCS CUP-2002-24
556-590-61 1019 Highland Cingular CUP-2002-2
51 552-283-11 2323 E Division Sprint CUP-2004-6
Located atop Plaza Bonita sign. ESMRfacilitv- nine antennas and equipment cabinet. 60-foot monopalm on vacant commercial lot.

Panel antennas located inside new liaht standards; equipment located inside existing commercial buildina 72 foot tall monopine with standard equipment enclosure Located atop BayTheatre. Wireless communication facility- twelve panel antennas and four equipment cabinets.

Located at Sweetwater Inn. Global Positioning System with nine panel antennas.

Located atop South Bay Plaza on an existing mechanical equipment screen.

Located on an existing 75 foot tall pole sign for the SweetwaterTown and Country Shopping Center. 12 panel antennas behind four new partial parapet walls atop an existina fumiture store; four equipment cabinets outside 6 panel antennas in a new monument sign in the South Bay Plaza shopping center 3 panelantennasina 9x10x16 roof-mountedcupola
Located atop 2-story Sid's Camet Barn warehouse. Wireless communication facilitv- twelve wireless panel antennas Six facade mounted panel antennas with equipment on roof of PacBell switching station. Equipment screened to match and 4-inch GPS antenna.

Located atop the existing Plaza Bonita sign. PCSfacility- three antennas and two eauiDmentcabinets at base of sign. 53 foot tall monopalm with nine panel antennas. PCS Facility with one equipment enclosure and a GPS antenna.

Located atop an existing church.

Located atop Sweetwater Square. New equipment building over trash enclosure, nine panel antennas and one GPS antenna. 14 452 of 587
52 560-191-30 1701 D Ave Nextel CUP-2004-12
53 551-570-20 51 N Highland Sprint CUP-2004-15
55 563-231-39 1914 Sweetwater Nextel PC Reso 20-2002
57 554-120-24 2701 E 8th Cingular PC Reso 02-2001
554-120-24 2701 E 8th T-Mobile CUP-2000-19
554-120-24 2701 E 8th Sprint CUP-2000-27
buildings
554-120-24 2701 E 8th AT&T CUP-2000-19
58 558-030-30 1035 Harbison Nextel CUP-2005-3
60 556-510-12 914 E 8th Cingular CUP-2005-10
61 559-040-53 1439 Tidelands Cingular CUP-2005-9
559-040-53 1445 Tidelands Nextel CUP-2000-31
63 562-200-02 2900 Highland Cingular CUP-2005-12
64 563-010-47 2605 Highland Cricket CUP-2006-11
563-010-47 2605 Highland Sprint CUP-2002-18
65 557-420-31 1900 E Plaza Cricket CUP-2006-6
557-420-31 1900 E Plaza Cingular CUP-2004-4
67 561-222-23 1526-40 E 18th T-Mobile CUP-2006-10
68 564-471-07 3030 Plaza Bonita Rd Cingular CUP-2005-24 Six panel antennas and equipment inside a new 54 foot tall monument/cross/sign.

Located at existing church. Antennas located in a 60-foot monument Located at existing church. Antennas located in a GO-footmonument. 2 panel antennas in a 45' flagpole with 4 wall-mounted equipment cabinets 12 panel antennas on a new 45-foot tall faux pine tree with associated equipment shelter 12 antennas facade mounted to new rooftop enclosure that will house equipment Co-locationin churchspire-3 antennas within existing architectural feature 5 panel antennas in a new pole sign at Jimmy's Restaurant 12 panel antennas on a 57' faux broadleaf tree with 230 square foot equipment enclosure 2 panel antennas in a 45' flagpole with 4 wall-mounted equipment cabinets 12 panel antennas on a monopalm with 299 SQ.ft. equipment enclosure. 12 panel antennas on 39-ft monopine with 280 sq. ft. equipment shelter 12 panel antennas on monopalm with associated equipment shelter 3 antennas on replacement light standard with associated equipment shelter 3 antennas in new architectural feature of church with associated equipment 4O-footmonopalmwith three sectors of four antennas each and equipment shelter 3 antennas on new faux palm tree with associated equipment 12 panel antennas mounted on exterior of self-storage building and painted to match; all equipment located inside of the 15 453 of 587
68 564-471-07 3030 Plaza Bonita Rd Verizon CUP-2003-1 3 69 559-106-17 525 W 20th Cricket CUP-2005-25
559-106-17 525 W 20th Sprint CUP-2001-4
70 554-050-15 2005 E 4th Cricket PC Reso 09-2003
554-050-15 2005 E 4th Cingular CUP-2003-5
554-050-15 2005 E 4th GTE CUP-1998-4
554-050-15 2005 E 4th Nextel CUP-2005-15
71 564-290-06 3820 Cagle St Cricket PC RESO 10-2004
564-290-06 3820 Cagle St Sprint CUP-2001-2
564-290-06 3820 Cagle St T-Mobile CUP-2004-3
564-290-06 3820 Cagle St Cingular PC Reso 11-2002
72 669-060-26 5800 Boxer Rd Cricket PC RESO 32-2003
669-060-26 5800 Boxer Rd T-Mobile CUP-2003-16
669-060-26 5800 Boxer Rd Sprint PC Reso 32-2003
669-060-26 5800 Boxer Rd Cingular CUP-2005-21
73 562-330-43 152 W 33rd Cricket PC Reso 21-2002
562-330-43 152 W 33rd Sprint CUP-2002-8
6 panel antennas on the outside of the 0.0. Arnold water tank and a 360 square foot equipment enclosure adjacent Co-location on 55-foot monopine - additional 12 panel antennas and new 275 SQ.ft. equipment vault 12 panel antennas on a replacement 100 foot light standard in EITovon park and a 160 square foot equipment enclosure. 3 antennas on existing self storage building painted to match with associated equipment 3 antennas on existing light standard with associated equipment shelter 3 antennas on existing faux pine tree with vaulted equipment shelter 3 antennas on existing water tower with associated equipment shelter 3 antennas on existing self storage within matching architectural projection with associated equipment 12 panel antennas on the roof of the Plaza Bonita Mall behind a screen wall 12 panel antennas on a 47-foot tall faux-broadleaf awith 230 sq. ft.equipment shelter 12 panel antennas on the outside of the 0.0. Arnold water tank and a 520 square foot equipment enclosure adjacent Located on existina storaae building. Wireless communication facility- 9 antennas and equipment building. 12 panel antennas on the outside of the 0.0. Arnold water tank and a 150 square foot equipment enclosure adiacent to the tank equipment building.
equipment building and adiacent liahting for the park.
antennas and equipment building
12 panel antenas mounted on exterior of self-storage building and painted to match; all equipment located inside of the Located in EITovon Park. Cellular facility- 97'8" monopole with twelve panel antennas, three omni antennas, and 192-sqfoot Located at Sweetwater Heights Centennial Park. Wireless communication facilitv- 55-foot monopine with twelve panel Located at Sweetwater Heights Centennial Park. Wireless communication facility- 35-foot pole with six antennas, 16 454 of 587
74 555-053-17 700 NCB Cricket PC Reso 05-2000
555-053-17 700 NCB Metricom CUP-2000-4
555-053-17 700 NCB Skytel CUP-2000-30
75 560-203-03 1800 National City Blvd Nextel CUP-2006-15 76 561-360-35 1810 E 22nd Cricket 2007-14 CUP
561-360-35 1820 E 22nd Sprint-Nextel CUP-2000-8
78 560-143-36 1703 Hoover Cleawire 2009-22 CUP
79 559-160-33 700 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 80 560-151-20 142 E 16th AT&T 2010-11 CUP
81 561-271-01 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
561-271-01 2005 Highland Cingular CUP-2006-2
82 563-184-47 2909 Shelby Dr P95-025
83 563-062-17 2524 Prospect St AT&T ZAP99-028
85 564-310-32 3312 Bonita Heights Lane AT&T ZAP00-133
86 563-063-29 2563 Grove St AT&T MUP91-026W2
75-foot monopole and equipment building.
35-foot monopalm with three sector directional antenna system and equipment cabinets. 15 panel antennas behindscreen wall atop existing car dealership with associated equipment Associated equiptment will be located in building
cabinent on roof below tower will be mostly covered
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
6 panel antennas and RF transparent cupola atop National City Ministry Church, as well as a 330 sq ft Located in Las Palmas Park. Monopalm and eauipment along with live palms.

Located atop Holidav Inn. Wireless communication facility with equipment cabinet. 3 antennas facade mounted to existina hotel with associated equipmen 12 antennas on the roof of a Highland Avenue office building with new cupola to match existing 9 antennas located on 3 different locations on industrial/ warehouse building. Each location will have 2 pannel antennas. 12 antennas on the roof of a Highland Avenue office building equipment cabinets.
3 antennas on recration building at Las Palmas Park
Located atop Holidav Inn Hotel. - 8-foot whip antenna, two 4x2-foot panel antennas, and one GPS antenna with two indoor 17 455 of 587
86 563-063-29 2563 Grove St P91-026W
Monopole located aside live palm trees.
18 456 of 587

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 700 NATIONAL CITY BLVD.

CASE FILE NO.: 2021-30 CUP
APN: 555-053-17
The National City Planning
Commission will hold a public hearin g at their regular online meeting after the hour of 6:00 p.m. Monday, March 7, 2022 on the proposed request.

The meeting will be LIVE WEBCAST from the City Council Chamber, 1243 National City Boulevard, National City, California. (Applicant: Carie Flores, J5 for Dish) 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://nationalcityca.new.swagit.com/views/33.

The project site i
s the 12-story Ramada Hotel, which has an exi sting wireless communications facility on the r oof of the building. The applic ant wishes to install another facility on the roof for Dish Network. Antennas will be wall-mounted and textured/painted to match the building exterior.

Members of the public are invited to comment. Written comments should be received by the
Planning Division on or before 4:00 p.m., March 7, 2022 by submitting it to [email protected]. Planning staff can be contacted at 619-336-4310 or [email protected].

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

NATIONAL CITY PLANNING DIVISION
19 457 of 587
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
S
an Diego, CA 92101
MS: A-33
Lead Agency: City of National City
Project Title: 2021-30 CUP
Project Location: 700 National City Blvd ., National City, CA.

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

Conditional Use Permit for modification of an existing wireless communications facility on a commercial hotel building. The project would add antennas and equipment for the applicant in order to increase signal strength and service area for Dish customers.

Applicant: Telephone Number:

Carie Flores, J5 Infrastructure Partners. (858) 805-5502 23 Mauchly, #110
Irvine, CA 92618
Exempt Status:

Categorical Exemption. Class 3 Section 15303 (New Construction o r Conversion of small structures)
Reasons why project is exempt:

There is no possibility that the proposed use will have a signi ficant impact on the environment because the facility is existing and located on an existing hotel building, the antennas will not affect use of the property.

Date:

M A R T I N REEDER, AICP
P r i n c i p a l P lanner
20 458 of 587
700 National City Boulevard, National City, CA 91950

KEY MAP
1 2
3 4
PHOTOSURVEY - SDSAN00301B
ATTACHMENT 7
21 459 of 587
VIEW 1
700 National City Boulevard, National City, CA 91950
PHOTOSURVEY - SDSAN00301B
22 460 of 587
VIEW 2
700 National City Boulevard, National City, CA 91950
PHOTOSURVEY - SDSAN00301B
23 461 of 587
VIEW 3
700 National City Boulevard, National City, CA 91950
PHOTOSURVEY - SDSAN00301B
24 462 of 587
VIEW 4
700 National City Boulevard, National City, CA 91950
PHOTOSURVEY - SDSAN00301B
25 463 of 587
T-1

VICINITY MAP

DIRECTIONS

SITE INFORMATION
11"x17" PLOT WILL BE HALF SCALE UNLESS OTHERWISE NOTED

GENERAL NOTES

SITE PHOTO

UNDERGROUND SERVICE ALERT

UTILITY NOTIFICATION CENTER OF CALIFORNIA
(800) 422-4133
WWW.CALIFORNIA811.ORG
DISH Wireless L.L.C. SITE ID:

SDSAN00301B
DISH Wireless L.L.C. SITE ADDRESS:
700 NATIONAL CITY BLVD.,
NATIONAL CITY, CA 91950

SCOPE OF WORK
·
·
·
·
·
·
·
·
·

SHEET INDEX
·
·
·
·
·
·
·
·
·
·
·
·
·

PROJECT DIRECTORY

CALIFORNIA - CODE COMPLIANCE
Exhibit A
Case File No.: 2021-30
CUP Date: 11/8/2021
ATTACHMENT 8
26 464 of 587
27 465 of 587
A-1
1 28
466 of 587
A-2
1 29
467 of 587
A-4
2 1
30 468 of 587
A-5
2 1
31 469 of 587
A-6
2 1
32 470 of 587
A-7
2 1
33 471 of 587
RESOLUTION NO. 2022-09

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
700 NATIONAL CITY BLVD.

CASE FILE NO. 2021-30 CUP
APN: 555-053-17

WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for the modification of an existing wireless communications facility located at 700 National City Blvd. at a duly advertised public hearing held on March 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. 2021-30 CUP maintained by the City a nd 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 March 7, 2022, support the following findings:

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 the use is all owable within DZ 7 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 added internet/cellular data as well as DocuSign Envelope ID: BA965A90-7A56-48C1-910A-7347D355D120 34 472 of 587
standard cellphone service capability. In addition, the proposed facility is a conditionally-permitted use in DZ 7.

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 is existing and is being modified to match the same locational and architectural components of the current facility design, plus add screening to bring the facility into compliance with current codes.

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 facility is existing and the modifications me et all development standards and distance requirements of the Land Use Code.

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 is existing and the modified version will not be highly visible due to the added screening walls around the antennas on the north side, and the antennas on the elevator housing are out of sight and painted to match the building.

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.

BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions:

General

1. This Conditional Use Permit authorizes the modification of an existing wireless communications facility at 700 National City Blvd. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File No. 2021-30 CUP, dated 11/8/2021. 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 DocuSign Envelope ID: BA965A90-7A56-48C1-910A-7347D355D120 35 473 of 587
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. Within four (4) da ys 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

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

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. All required signage for telecommunications facilities, as specified by the CFC, if not already on site, shall be designed and installed.

8. 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

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

10. Screening walls shall be textured and painted to match the architectural style and color of the existing building. Façade-mounted antennas (i.e. elevator penthouse) shall be painted to match the color of the wall to which they are attached. At such time as the building changes color significantly (e.g. rebranding, repainting), antennas and screening installations on the north elevation shall be repainted to match.

DocuSign Envelope ID: BA965A90-7A56-48C1-910A-7347D355D120 36 474 of 587

11. All roof-mounted equipment shall be painted to match the nearest building wall to where it is located. Other equipment must be screened from view. Any apparatus visible to the exterior of the facility, including cable chases/trays, shall be painted to match the surface on which it is mounted.

12. 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.

13. 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.

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

BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing.

CERTIFICATION:

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

AYES:

Sendt, Yamane, Natividad, Roman, Sanchez, Dela Paz, Valenzuela

NAYS:

None.

ABSENT:

None.
________________________
ABSTAIN: None. CHAIRPERSON
DocuSign Envelope ID: BA965A90-7A56-48C1-910A-7347D355D120 3/14/2022
Ditas Yamane
37 475 of 587
T-1

VICINITY MAP

DIRECTIONS

SITE INFORMATION
11"x17" PLOT WILL BE HALF SCALE UNLESS OTHERWISE NOTED

GENERAL NOTES

SITE PHOTO

UNDERGROUND SERVICE ALERT

UTILITY NOTIFICATION CENTER OF CALIFORNIA
(800) 422-4133
WWW.CALIFORNIA811.ORG
DISH Wireless L.L.C. SITE ID:

SDSAN00301B
DISH Wireless L.L.C. SITE ADDRESS:
700 NATIONAL CITY BLVD.,
NATIONAL CITY, CA 91950

SCOPE OF WORK
·
·
·
·
·
·
·
·
·

SHEET INDEX
·
·
·
·
·
·
·
·
·
·
·
·
·

PROJECT DIRECTORY

CALIFORNIA - CODE COMPLIANCE
Exhibit A
Case File No.: 2021-30
CUP Date: 11/8/2021
38 476 of 587
39 477 of 587
A-1
1 40
478 of 587
A-2
1 41
479 of 587
A-4
2 1
42 480 of 587
A-5
2 1
43 481 of 587
A-6
2 1
44 482 of 587
A-7
2 1
45 483 of 587
3/16/2022
1 Public Hearing
Conditional Use Permit
for modification of existing
wireless communications facility
at 700 National City Blvd.
2021-30 CUP
Overhead
ATTACHMENT 5
46 484 of 587
3/16/2022
2 Site Characteristics:
 12-story Ramada Hotel
 Existing facility on the roof
 Existing panel antennas façade-mounted on N, S, & E sides of building
 Existing panel antennas on N & S facades of elevator penthouse  3 dish antennas on the roof
 2 CUPs approved at the site (2000)
 Metrocom and Skytel
 Substantial conformance review approved Cricket Wireless (2009)
Proposal:
 Three sectors of panel antennas facing to N, E, S
 North sector installed within screened cover on north end of building
 East & west sectors façade-mounted to elevator
penthouse
 All antennas/enclosures to be textured/painted to match  (Condition of approval)
 CUP is required for expansion of existing facilities not meeting current standards (i.e. screening)
 New facility designed to address area of weak service 47 485 of 587
3/16/2022
3 Site
Plan
Site
Plan
48 486 of 587
3/16/2022
4 Elevation
Elevation
49 487 of 587
3/16/2022
5 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 DZ 7
 Screening of facility
 Located at least 75 feet from habitable structures on other properties
Analysis (cont.):
 Public noticing – 259 people
 No public comment
 1996 Telecommunications Act
 No regulation based on RF emissions
 Compliance with FCC limits
50 488 of 587
3/16/2022
6 Conditions/Summary:
 Conditions of Approval
 Standard conditions 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’
 Improve coverage in the area
 Approve CUP based on attached findings / findings
determined by the Commission; or
 Deny CUP based on findings determined by the
Commission; or
 Continue the item for additional information
 Staff recommending approval
 Notice of Decision to City Council
Options:
51 489 of 587
3/16/2022
7 Elevation
52 490 of 587

The following page(s) contain the backup material for Agenda Item: Temporary Use Permit – Cruise Nights hosted by United Lowrider Coalition from May 6, 2022 to October 7, 2022 with no waiver of fees. (Community Development)
Please scroll down to view the backup material.
491 of 587

CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT
MEETINGDATE: April5,2022 AGENDAITEMNO.I

ITEM TITLE:

ITemporaryUse Permit — Cruise Nights hosted by United LowriderCoalitionfrom May 6, 2022 to October 7,2022 withno waiver offeesI
PREPARED BY: DionisiaTrejo DEPARTMENT: Neighborhood ServicesDepartment PHONE: [(519)336.4253 APPROVED BY:

EXPLANATION:

This isa requestfrom United LowriderCoalitionto conductCruise Nightsat 1021 HighlandAvenue every firstFridayof each month beginning on Friday,May 6, 2022 and ending Friday,October 7, 2022 from 6 pm to 9 pm.

Applicantisrequestingcruisingon Highland Avenue between E. 6thStreet& 24thStreetfrom 6pm. to 9 pm.

NOTE: This isthe firsttime thisorganization has requested a Temporary Use Permit to conduct the Cruise Nights.

FINANCIAL STATEMENT: APPROVED: Finance
ACCOUNT NO. I APPROVED: MIS
ICityfee of $272.00 forprocessing the TUP.

Totalfees:$272.00I
ENVIRONMENTAL REVIEW:

N/AI
ORDINANCE: INTRODUCTION: I FlNALADOPTlON: I
|___________—
STAFF RECOMMENDATION:
kpprove the Applicationfora Temporary Use Permit subjectto compliance with allconditionsof approval with no waive offees or inaccordance to CityCouncil Policy802. I BOARDI COMMISSIONRECOMMENDATION:

IN/AI

ATTACHMENTS:

It\ppiicationfora Temporary Use Permit with recommended conditionsof approval. I

492 of 587

Cityof NationalCity:1Neighborhood Services Department
1243 NationalCityBoulevardI NationalCity,CA 91950
(619)336-4364 .1fax (619)336-4217
www.nationalcltyca.gov
SpecialEvent Application

.=—.

Fair/Festlv'al Parade/March Walk or Run DConQed/Performance TUP E SportingEvent V Other (specify)Crmses on HighlandAvenue Event Name 8-Location
EventTltle Crutsenghts

6thto24th on HighlandAvenue
Event Location(listallsitesbeing requested)

Set—UpStar‘s . .

Date‘S—G-22 TimeeooP-m. DayOfWeekFrlday
Event Starts _ ‘
Date5-6-22 Time5-0?Ppm DayOfWeekFrlday2, 77
Event Ends _ .

Dale‘lO-7-22 TimeB-QOpm. DayOfWeekFnday
Breakdown Ends . .

Date10-7-22 Time9-00pm DayOfWeekFnday
ApplicantIr
Applicant(YournamflWSponsming OrganizationW
Event Coordinator(ifdifferentfrom applicant)
3 a . ‘ . ' A9MailingAddress 958 B ten‘anAvenue San Dxego C 2154

Day Phone 619 227—4588 AfterHours Phone Cell Fax
PublicInformationPhone 619 227-4588 E—mail [email protected] Applicantagreesto lnvesllgate,defend,indemnifyand holdharmless the City,itsofficers,employees and agents from and againstany and allloss,damage. liability.claims,demands, detriments,costs,charges, expense (including attorney'sfees)and causes of actionof any characterwhich the City,itsofficers,employees and agents may incur, sustainor be subjectedto on account of loss or damage to property or the loss of use thereofand forbodilyinjury to or death of any persons (includingbut not limitedto the employees, subcontractors.agents and inviteesof each partyhereto)arisingout of or inany way connected to the occupancy, enjoyment and use ofany Citypremises under thlsagreement tothe extentpermittedby law.

Applicantunderstands thisTUP/special event may implicatefees forCityservices,which willhave to be paid inthe City'sFinance Department 48 houn- riortothe event 5191-p. The undersignedalsounderstandsand accepts the City'srefundpalicyforappllca' ssing nd facilitye and that es and charges are adjustedannuallyand are subjectto change. Q
N!

Date March 29, 2022

Signature of Applicant:
493 of 587
Special Event Application (continued)
Please complete thefollowingsectionswithas much detailas possiblesincefeesand requirementsare based on the informationyou provideus.

FeesiProceeds/Reportn- ‘
isyour organizationa "Tax Exempt, nonprofit”organization? Yes VJ Ne

Are admission, entry,vendor or participantfees required? Yes i No V IfYES, please explainthe purpose and provideamount (5):

$_Estimated Gross Receipts inciuding ticket,product and sponsorship sales from this event. $000 Estimated Expenses forthisevent.
$000 What isthe projected amount of revenue thatthe NonprofitOrganization wiiireceive as a resultof thisevent?
Description of Event

V Firsttime event ReturningEvent 7 includesitemap withappiication

Note thatthisdescriptionmay be published in our CityPublicSpecialEvents Calendar:

FirstFriday of each month beginning on Friday,May 6, 2022 and ending on Friday,October 7, 2022.

Cruises willbe on Highland Avenue between 6th and 24th Steets.

Estimated Attendance ‘
. 200Anticipated# ofPartialpants: Anticipated# ofSpectators:$0 494 of 587

Traffic Control, Securit

Requesting to close street(s)to vehicularlraffic? Yes No V Listany streetsrequiringclosureas a resultcflhe event (providemap):

Date and timeofstreetclosure: Date and time ofstreetreopening:

Other(explain)

Requesting to post “no parking“ notices? Yes NOE

Requested “No Parking"on citystreetsand/orparkinglots(liststreets/parklnglots)(providemap):

Other (explain)

Depending on the number of participants,your event may requirePoliceservices, Please describeyour proceduresforbothCrowd Controland InternalSecurity: UnltedLowrlderCoalmor

willbe self—policlngthe event.Each month a specifiedcar clubwillbe assigned towalk Highland

Avenue monitoringforany publicsafetyissuesor concerns.

Have you hired Professional Securityto handle securityarrangements forthisevent? Yes No V IfYES, name and address of SecurityOrganization

SecurityDirector(Name): 7 ,, 7 Phone: °_
Ifusingtheservicesofa professionalsecurityfirm,and theeventwilloccurcm Cityproperty,pleaseprovidea copy of itsinsurancecertificate,evidencingliabilitywithllmitsofat least$l Milliondollarsperoccurrence/SZMilliondollarsaggregate,as wellas and additionallhsuredendorsementnaming theCityofNationalOlly.itsofficers,employees‘ and agents as additlanalinsureds.Evidence ofinsurancemustbe providedby the vendor or itsinsurertothe Neighborhood ServicesDepartment atthe time ofsubmission..

Isthisa nightevent? Yes V No I IfYES. please statehow the event and surroundlngarea willbe illuminatedtoensure safetyoftheparticipantsand spectators: WJ V Cars willbe cruisingon HighlandAvenue - UnitedLowriderCoalitionwillbe ensuringsafety

thrpughoutthe evenings.

L44
495 of 587
FirstAid:

Depending on the number ofparticipants,your event may requirespecificFirstAidservices.Firsiaid stationto be staffedby event staff?Yes No I/ Firstaid/CPR certified? Yes No 14

Firstaidstationtobe staffedby professionalcompany. > Company 7 7 Ifusingthe servicesofa professionalmedicalorganization/companyand theeventwilloccur on City property,piease providea copy of itsinsurancecertificate,evidencingliabilitywithIimfisofat least$1 Milliondollarsper occurrencel$2 Milliondollarsaggregate,as well as and additionalinsured endorsement naming the Cityof NationalCity,itsofficers,employees, and agents as additional insureds.Evidence ofinsurancemust be providedby the vendor or itsinsurertothe Neighborhood ServicesDepartment atthetime ofsubmission.
‘ccessibfli
F’Ieasedescribeyour AccessibilityPlanforaccess atyour event by individualswithdisabilities:

Elements of ‘our ‘Event‘
Settingup a stage? Yes L_J No V‘
Requesting City'sPA system

Requesting CityStage;ifyes,which size?E Dimensions (13x28) D’xmensions(20x28)

Applicantprovidingown stage b (Dimensions)
Settingup sanepies or tents?
# ofcanopies size
# oftents size
3N0 canopies/tentsbeingsetup
496 of 587
Settingup tables and chairs?
l: Furnished by Applicam or Contractor

# ofTables No tablesbeingsetup

# ofchairs No chairsbeing5621up

(ForCiiyUse Only) Sponsored Events~—Does not applyto co—sponsoredevents # oftables No tablesbeingsetup

# ofchairs No chairsbeingsetup
ContractorName

ContractorContactInformation
Address City/Staie PhoneNumba
Setting up other equipment?

SportingEquipment (explain)

Other (explain)

Not settingup any equipment listedabove at event

Having amplifiedsound and/or music? Yes No M
PA System forannouncements CD playeror DJ music
Live Music > Small 4-5 piece liveband > Large 6+ piece liveband Other<explain) 7 , ,
lfusinglivemusic or a DJ. {b ContractorNan-Ie
b
Address City/State Phone Number
497 of 587

Using lightingequipment atyour event? Yes No 1/
E Bringinginown lightingequipment

Using professionallightingcompany > Company Name

Address City/State Phone Number
Using electricalpower? Yes No Using KimbailPark Bowl
Lighting(from to )
jUsing on—siteelectricity”E Forsound and/orlighting __ Forfoodand/orrefrigeration Bringingingenerator(s) For sound and/orlighting Forfood and/orrefrigeration

‘endorilnformation , , , ;
PLEASE NOTE: You may be required to apply for a temporary health permit iffood!or beverages are sold of given away during your special event. Also see ‘Permitsand Compliance’ on page 8 in the Special Event Guide. For additionalinformationon obtaining a temporary healthpermit, please contact the County of San Diego Environmental Health at (619)338-2363.

V

Having food and non-alcoholic beverages at your event? Yes _J No

Vendors preparingfood on-site> # ,, 7 > Business License#

ifyes,please describehow food willbe served and/orprepared; _

Ifyou intendto cook food inthe event area please specifythe method:

GAS |ELECTF£1C CHARCOAL [:OTHER (Specify):

Vendors bringingpre-packaged food > # > Business License#

Vendors bringingbottled,non-alcohoiicbeverages (i.e..bottledwater,can soda,etc.)b #

Vendors sellingfood # > Business License#(s)

Vendors sellingmerchandise # > Business License#(s)

Food/beverages to be handled by organization;no outsidevendors

Vendors sellingservices# > Business License#(s)
b Expiainservices

Vendors passingout informationonly(no businesslicenseneeded) #

b Explaintype(s)ofinformation

No sellingor informationalvendors atevent

498 of 587

Having childrenactivities?Yes No V

PLEASE NOTE: intheevent inflatablejumpsare providedatthe event,The CityofNationalCity requiresCommercial liabilityinsurancewithlimitsofatleast$1 Milliondollarsper occurrence/$2Million dollarsaggregate.inaddition,the Cityof NationalCitymust be named as an Additionalinsured pursuanttoa separateendorsement,which shallbe providedby thevendor oritsinsurertotheCity's RiskManager, alongwiththe Certificateof Insurance,forapprovalpriortothe event.The application shouldbe filedout atleastone week priorto the event.For questionsortoobtaina copy ofthe ”FacilityUse Application",please contactthe Engineering/PublicWorks Department at(619)336-4580.

Inflatablebouncerhouse # Rock climbingwallHeight____
inflatablebouncer slide# n.” 7 Arts& crafts(i.e.‘craftmaking, face painting,etc.) CarnivalRides bther
Having fireworks or aerialdisplay? Yes No V
Vendor name and license#
Dimensions 7 7 Duration W",
Number ofshells Max. size
PLEASE NOTE: Intheeventfireworks or another aerialdisplayisplanned foryour event,The Cityof NationalCityrequirescommercial liabilityinsurancewithlimitsofat least$2 Milliondollarsper occurrence/ $4 Milliondollarsaggregate. In addition,the Cityof NationalCitymust be named as an AdditionalInsuredpursuanttoa separate endorsement,which shallbe providedby the vendor orits insurertothe City'sRisk Manager, along withthe Certificateof insurance,forapprovalpriortothe event. Depending on the sizeand/or natureofthefireworksdisplay,the Cityreservesthe rightto requesthigherliabilitylimits.The vendor must alsoobtaina fireworks permitfrom the NationalCityFire Department and thecostis$545.00

Arranging for media coverage? Yes {VI No

V Yes, but media willnotrequirespecialset—up
Yes,media willrequirespecialset=up.Describe , , ,,,,

499 of 587
EventSinna-e l
PLEASE NOTE: For Citysponsored orco—sponsored events,banners publicizingthe eventmay be placedon the existingpoleson the 1800 blockand 3100 blockof NationalCityBoulevard.The banners must be made tothe City’sspecifications.Please refertothe City’sSpecialEvent Guidebook and Fee Schedule foradditionalinformation.

Are you pienningto have signage atyour event? Yes I]MC: V

Yes, we willpost signage # Dimensions

Yes, having inflatablesignage # b (completeInflatableSignage Requestform)

Yes, we willhave banners #

What willsigns/bannerssay?

How willsigns/banners be anchored or mounted?

Location of banners/signage

PLEASE NOTE: One toiletforevery 250 people isrequired,unlessthe applicantcan show thatthere aresufficientfacilitiesintheimmediateareaavailabletothe publicduringtheevent.

Are you planningto provideportablerestroomsatthe event? Yes No l/ ifyes, please identifythe following:
> Total number of portabletoilets:

V Totalnumber ofADA accessibleportabletoilets:

Contractingwithportabletoiletvendor. D
Company Phone
V Load-inDay & Time P Load—out Day & Time

Portabletoiletsto be serviced. b Time
Set-u‘p,Breakdown, Clean
Settingup the day before the event?

Yes, willsetup the day beforethe event. D # ofset—upday(s)

No, set—upwilloccur on the event day

Requesting vehicleaccess onto the turf?
Yes, requestingaccess ontoturfforset—upand breakdown (completeattachedVehicleAccess Request form)

No, vehicleswillload/unioadfrom nearby streetor parkinglot. 500 of 587
NHDES-LMerlFence

Cityto installlitterfence

Applicantto installlifierfence

N/A

Breaking down set-up the day afterthe event?

7Yes, breakdown winhe theday afterthe event. b # ofbreakdown day(s)

No. breakdown willéccuron the eventday.

How are you handling clean-up?

Using Citycrews

I/flUsingvolunteerclean-upcrew duringand afterevent.

Using professionalcleaningcompany during and afterevent.

Miscellaneous ‘
Please listanythingimportantaboutyour event notalreadyasked on thisapplication:

Pflease make a copy of this appflication for your records.

We do not provide copies.
501 of 587
SpecialEventsPre-Event Storm Water Compliance
Checklist

l. SpecialEvent Information
Name ofSpecialEvent: Unitedeowrider CoalitionCruise?

‘ . ,
Event Address: between 6th and 24th on Highland Expected # ofAttendees: 200 Even: l-mstjmurdinamr: Jovita Arellano Phone Number: 619 227—4588 ll.Storm Water Best Management Practices(BMPs) Review
7 'V W YES No N/A

Willenough trashcans provided forthe event?
Providenumber oftrashbins:

Willenough recyclingbinsprovided forthe event?
Provide number of recyclebins:

Will allportable toiletshave secondary containment trays? (exceptions forADA compliant portabletoilets) \RK'

Do allstorm drains have screens ta temrsararilyprotect trash ané debris from entering?
\J

Are spillcleanup kitsreadilyavailableat designatedspots? V

* A Post—lEventStorm Water Compliance ChecklistWillhe completedby CityStaff. 10 502 of 587
Cityof NationalCity
EU ELflC PEOPERTY USE HOLD HARMLESS AND HND‘EMNHHCATHON

AGREEMENT
Persons requestinguse ofCityproperty,facilitiesor personnelare requiredto providea minimum of$1,000,000 combined singtelimitinsuranceforbodilyinjury and propertydamage which includesthe City,Itsofficials,agents and employees named as additionalinsuredand to Sign the Hold Harmless Agreement. Certificate of insurance must be attached to thispermit.The insurancecompany issuingthe insurance policymust have 3 AM. Best’sGuide RatingofA:V|land thatthe insurancecom pany isa Californiaadmitted company; ifnot,then the insurance policytothe issuance ofthe permitforthe event.The CertificateHolder must reflect:

CityofNationatCity
Risk Management Department
1243 NationalCityBoulevard
NationalCity,CA 91950
. . UnitedLowriderCoalition
Orgamzatton:
. . . J 'tA llPersonln Charge ofActIVIty: owa re am
3958 Bateman Avenue, San Diego CA 92154 --DOU: 5-6,6-3,7—1,2022

Address:

Telephone:619227—4588 Date(s)ofUse:

HOLIHARMILESSAGREEMENT
8-5,9—2,10—7,2022
As a conditionof the issuance of a temporary use permit to conduct itsactivitieson publicor privateproperty,the undersigned hereby agree(s)to defend, indemnifyand hold harmless the Cityof NationalCityand the Parking Authorityand itsofficers, empioyees and agents from and against any and allclaims,demands, costs,losses, liabilityor,forany personalinjury,death or propertydamage, or both,or any litigation and otherliability,inciudingattorney’sfees and the costs of litigation,arisingout of or relatedto the use of publicprop or the activitytaken under the permitby the permitteeor itsagents,employees r (30 rector .
134gMI 0
wrtderCoalition 3-29-2022

SignatureofApplicant:

. . , Chair.United
OfitcnalTltte: Date.

For OfficeUse Only
Certificateof InsuranceApproved Date
11 503 of 587
“'mmzmmtwammlifiuulnmmmmwumummt'emwrur'iemu'zw/nmuwm
WIWw-M
w-vvru-I-mn-rwrm-v-m—m-qm
w...—
._...,,_..,..
.wfis
”1006‘
QMW“
‘\1N1
‘1‘.
r«M
XW‘N
1 \9“IA“Lno’mt(w«\1
()“Ql-Li)a“(‘04‘214-0}‘1“0‘1}?!T'Kq‘fi”£217“,thno1"!" SmH‘Mm£1)?qu ’VI‘OHQNM\WN”“lfiflvwffifiwmw(59%")
.:p2c3
Wl‘m‘)?
77?}!‘10

WW.
‘
u-
nm’
ommnmguwmi
6 "I
‘ltl
Aulhunmqmu1
)wdqulus
din!“
N
‘x
3 lw-aJ-w,
W1
3""
_‘
nuruwao
1'.
—.
‘
mmxmwwqm
asst
“
ad”

3.:

E
vwwmz‘
3‘
L
mom)
Am
a
.
i
“rm."u
q
E
i.
”man“
3!
2 ‘
“
x
w
gel“
Human
“
I
.'
Ilmmnkyjy
y“
“i
w?“
fiusH-aul'im

3.6“"
6 a
“433
mum
..

Wmuymad

1\.6:741ummwlmous-vm.unwary!
1%£wa
wFWD!g4“
“£6"1“mi
51 i

.13“?
59$
“5
V3
Aug
wmm

ngmu
mp
Nuus:
3W136
‘
a
.-
39m:

HM
lump
v
NIH;
gfiwuw
g‘
emdm

6.....u......5..,.w.,,
¢
3 3w
3 "
E
suiamu
wmmam
awww
{W'»
A
w.
o
a
1"“;
w“
Um
mm
M&fim
ma
.vwaqv-I:
,
“:2?“
Emma
..
g
a
.
‘
m
’5'
7'?
i
w
*
a
6 “Wu
Mm
Q
5 “
i
oiwm
m
“.5,
““0
.H...,,
.

E.
)1
a

3.;
g
g
mm...“
“W
n

mm-
«M
pmzmm
Dov:
mean
'ms/e
504 of 587
CITY OF NATllONAIL CIITY

NEIIGHBORHOOD SERVICES DEPAR'E'MENT

APPLBCATHON FOR A TEMPORARY USE PERMHT
CONDIITUONIS 0F APPROVAL
SPONSORHNG ORGANUZATHON: UhitedlLowridlerCoaflition
EVENT: Cruise Nights
DATE OF EVENT: May 6, 2022 — October 7, 2022
APPROVALS:

COMMUNITY SERVICES YES [X] NO [ ] SEE CONDITIONS [ ]
RISK MANAGER YES [X] NO [ 1 SEE CONDITIONS [X]
PUBLIC WORKS YES [X] NO [ ] SEE CONDITIONS [ ]
FINANCE YES [X] NO [ ] SEE CONDITIONS [X]
FIRE YES [X] NO [ ] SEE CONDITIONS [X]
POLICE YES [X] NO [ ] SEE CONDITIONS [X]
ENGINEERING YES [X] NO [ ] SEE CONDITEONS [ ]
COMMUNITY DEVELOPMENT YES [x] NO [ ] SEE CONDITIONS [X]

CONDH’MONSOIFAPPROVAL:

PUBLECWORKS (619)366—4580
No involvement

POLIICE DEPARTMENT
The policedepartment willprovideextrapatroland a weekly review based on the calls forservice,should they be generated inthe future.

ENGIINEERHNG
No comments received

COMMUNETY SERWCES
No involvement
505 of 587

FHNANCE
As the sponsor ofthe event,United Lowrider Coalitionwillneed to get a business license.Since itisa nen-profitorganization,ifthey provideproofofthe “nonprofit” status,they should only be required to pay the $4 State Fee. Ifthey are not registered withthe State as a ‘Non—Profit”organizationthey Willapply as an “outoftown” vendor and pay $29.

COMMUNHTY DEVELOPMENT
Planning
No comments
Building
No comments
Neighborhood Services
Neighborhood Notifications— Events are requiredto notifyresidentsand/or businesses of the surrounding impacted areas by the event. The noticeshallinclude the name ofthe event,name and phone number of the company/organization producing the event,the dates and times ofthe event (includingset-upand breakdown) and a detaileddescriptionof how the residentsand/or businesses may be affected,such as by streetclosures,“No Parking" signs being posted, music at the event, etot Displayofbanners ——Banners are aliowedon siteforevent butmust be removed immediatelythereafterevent completion.Ifyou wish to placebanners inany location other than on-site,you must get approval from the property/business owner where you intendto displaythe banner.

RtSlKMANAGER (619)336—4370
Risk Management has reviewed the above captioned request forthe issuance of a Temporary Use Permit./-\IIthe insurancerequirementswere met and the following documents were provided with the Temporary Use Permit application:
0 A validcopy ofthe Certificateof LiabitityInsurance.
a The insurancepolicyhas a combined singlelimitofno lessthan $1,000,000.00 (ONE MILLION DOLLARS) foreach occurrence and $2,000,000.00 (TWO MILLION DOLLARS) inaggregate thatwould cover the date and locationof the event.
a The applicantprovideda CertificateofLiabilityInsurancewherein itnotesas the additionatinsured as “The Cityof National City,itsofficials,agents, employees and volunteers"
14 506 of 587
a The insurancecompany issuingthe insurancepolicyhas an AM. Best’sGuide RatingofA: VIIand thatthe insurancecompany isa Californiaadmitted company
0 The CertificateHolder reflects:

Cityof NationalCity
c/o Risk Manager
1243 NationalCityBoulevard
NationalCity,CA. 91950—4397
Itshouldbe noted thatthe Indemnificationand Hold Harmless Agreement were properly executed by the applicantat the time the SpecialEvent Applicationwas submitted.

FlRE(619)336-4550

Stipulationsrequiredby the FireDepartment forthisevent are as follows:
1) I see no street closures requested at this point,but access to allbusinesses alongthe parade routeor streetclosuresare to be maintainedatalltimesAccess to entrances and Fire Department connections for fire sprinkler systems, standpipes,etc.
2) FireDepartment access intoand throughallbusiness areas are to be maintained at alltimes. Fire apparatus access roads shallhave an unobstructed width of not lessthan 20 feetand an unobstructedverticalclearance of not lessthan 14 feet. 3) FireHydrantsshallnot be blocked or obstructed.
4) Participantson footare to move immediatelyto the sidewalk upon approach of emergency vehicle(s).
5) Vehicles in roadway are to move immediately to the rightupon approach of emergency vehicle(s).

Ifyou have any questions please feelfree to contact me
507 of 587

The following page(s) contain the backup material for Agenda Item: Public Hearing and Resolution of the Community Development Commission-Housing Authority of the City of National City, California approving the Streamlined Annual Public Housing Agency Plan (“Annual PHA Plan”) for the Housing Choice Voucher Program for Fiscal Year 2022-2023 and authorizing the submittal of the Annual PHA Plan for acceptance by the U.S. Department of Housing and Urban Development. (Housing Authority)
Please scroll down to view the backup material.
508 of 587

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:

________________

April 5, 2022
Public Hearing and Resolution of the Community Development Commission-Housing Authority of the City of National City, California approving the Streamlined Annual Public Housing Agency Plan (“Annual PHA Plan”) for the Housing Choice Voucher Program for Fiscal Year 2022-2023 and authorizing the submittal of the Annual PHA Plan for acceptance by the U.S. Department of Housing and Urban Development.

Housing Authority
The Streamlined Annual PHA Plan for Fiscal Year 2022-2023 (Attachment No. 3) was distributed via email to Council on February 8, 2022 and is available for review on the City’s website at www.nationalcityca.gov/section8, at the office of the City Clerk, and at the Section 8 Housing Choice Voucher Program office, located at 140 E. 12th Street, Suite B, National City, CA 91950.

Staff Report Attachment No. 1 provides additional information on the Annual PHA Plan.

Marta Rios,
Housing Programs Manager
(619)336-4259

1. Background Report

2. Public Hearing Notice with Proof of Publication

3. Streamlined Annual PHA Plan for Fiscal Year 2022-2023

4. Resolution

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

FINAL ADOPTION:

APPROVED: ________________ MIS There will be no fiscal impact as a result of this action.

Adopt the Resolution.

Not applicable.

509 of 587
City of National City
April 5, 2022
Staff Report Explanation
Public Hearing and Resolution of the Community Development Commission-Housing Authority of the City of National City, California approving the Streamlined Annual Public Housing Agency Plan (“Annual PHA Plan”) for the Housing Choice Voucher Program for Fiscal Year 2022-2023 and authorizing the submittal of the Annual PHA Plan for acceptance by the U.S. Department of Housing and Urban Development.

Background:

T
he U.S. Department of Housing and Urban Development (HUD), in response to the Quality Housing and Work Responsibility Act of 1998 (QHWRA), requires housing authorities to prepare a Section 8 Housing Choice Voucher Progra m (HCV), Public Housing Agency (PHA) Plan. The PHA Plan concept is based on the consolidated planning process used for HUD's community and development programs. Like the Consolidated Plan that HUD requires for jurisdictions using federal funds for housing and community development, the Plan provides a planning mechanism by which the National City Housing Authority (NCHA), Section 8 HCV Program can examine its long-range needs and short term needs. Specifically, the PHA Plan identifies the needs of the families that it serves and develops long-term strategies (i.e., Five- Year PHA Plan) and short-term strategies (i.e., Streamlined Annual Plan) for addressing the needs.

T
he Streamlined Annual Plans provide details about the immediate operations, program participants, programs, and services. This Plan also identifies the NCHA's strategy for handling operation concerns, residents' concerns, needs, programs, and services.

As r
equired by the Regulations, a Public Hearing needs to be conducted regarding the PHA Plan and submitted to the U.S. Department of Housing and Urban Development prior to April 15, 2022.

The
Streamlined Annual PHA Plans were distributed via email to Council on February 8, 2022. The referenced and supporting documents will be available for public review after February 7, 2022, on the City's webpage at: www.nationalcityca.gov/Section8 and at the following locations:

National City Housing Authority City of National City –City Hall Section 8 HCV Program City Clerk Office
140 E. 12th Street, Suite B 1243 National City Blvd
National City CA 91950 National City CA 91950
Attachment No 1

Page 1 of 1 ends

510 of 587

NOTICE OF PUBLIC HEARING
Community Development Commission-Housing Authority of the City of National City Fiscal Year 2022-2023 Streamlined Annual Public Housing Agency Plan (PHA) NOTICE IS HEREBY GIVEN that the Board of Commissioners of the Community Development Commission-Housing Authority of the City of National City will hold a public hearing on April 5, 2022, at 6:00 p.m., in the National City Council Chambers located at 1243 National City Boulevard, National City, California.

The purpose of the public hearing is to gather input on the Fiscal Year 2022-2023 Streamlined Annual PHA Plan. The Streamlined Annual PHA Plan will also be released for a 45-day public review and comment period on or about February 7, 2022.

The PHA Plan is a comprehensive guide to the Section 8 Housing Choice Voucher Program (HCV) policies, programs, operations, and strategies for meeting local housing needs and goals. The Streamlined Annual Plan is submitted to HUD every year. The Section 8 HCV Administrative Plan is also subject to review as part of the Streamlined Annual PHA Plan and governs the Housing Authority’s administration of its Section 8 HCV Program.

The referenced and supporting documents will be available for public review after February 7, 2022 at the following locations and on the City of National City website:

CDC, Housing Authority of the City
of National City
Section 8–Housing Choice Voucher Program
140 E. 12th Street, Suite B
National City CA 91950
City of National City – City Hall
City Clerk
1243 National City Blvd
National City CA 91950
Written comments may be submitted prior to the public hearing and during the 45-day comment period ending on or about April 5, 2022, to:

CDC, Housing Authority of the City of National City
Section 8 - Housing Choice Voucher Program
Attn: Marta Rios, Housing Programs Manager
140 E. 12th Street, Suite B
National City CA 91950
Phone: (619) 336-4254
Fax: (619) 477-3747
DATED: January 24, 2022
Date of Publication: February 4, 2022
Attachment No. 2

Page 1 of 2 ends

511 of 587
FEB. 4, 2022 - THE STAR-NEWS - PAGE 13
CLASSIFIEDS 441-1440 THE STAR
★
NEWS

NOTICE OF PUBLIC HEARING

CITY COUNCIL

CITY OF CHULA VISTA
NOTICE IS HEREBY GIVEN that the City Coun -
cil of the City of Chula Vista will conduct a publi c
hearing to consider the following matter:

PUBLIC HEARING AND STAFF REPORT O N

THE FEDERAL BLOCK GRANT PROGRAM S

FUNDING PRIORITIES AND NOTICE O F
FUNDING AVAILABILITY FOR FY 2022/202 3

HEARING INFORMATION
Date and Time: February 15, 2022 at 5:00 p.m.

Location : Council Chambers, City Hall, 27 6
Fourth Avenue, Chula Vista
Public Testimony:

In Person: Interested persons wishing to expres s
their views on the matter described above will b e
given an opportunity to do so at the public hear -
ing.

Written Comments: Comments may be mailed o r
delivered to: City of Chula Vista, City Clerk Kerr y
Bigelow, 276 Fourth Ave, Chula Vista, CA 91910 .

Comments must be received by the City Cler k
before the close of the public hearing.

ENVIRONMENTAL NOTICE
The activity is not a “Project” as defined unde r
Section 15378 of the California Environmenta l
Quality Act State Guidelines and Title 24 of th e
Federal Code of Regulations; therefore, pursu -
ant to State Guidelines Section 15060(c)(3) an d
Federal Guidelines Part 58.34(a)(2)&(3) no envir -
onmental review is required. Notwithstanding th e
foregoing, the activity qualifies for an Exemptio n
pursuant to Section 15061(b)(3) of the Californi a
Environmental Quality Act State Guidelines an d
Part 58.34 (a)(2)&(3) of the National Environ -
mental Policy Act.

ACCESSIBLE PUBLIC MEETINGS
Written agenda materials in appropriate alternat -
ive formats, or disability-related modifications o r
accommodations, including auxiliary aids or ser -
vices, to enable individuals with disabilities t o
participate in public meetings or services will b e
provided upon request. Please contac t
[email protected] or (619) 691-504 1
(California Relay Service is available for the hear-
ing impaired by dialing 711) at least forty-eigh t
hours in advance of the meeting so that arrange -
ments may be made.

NOTE
If you wish to challenge the City’s action on thes e
matters in court, you may be limited to raisin g
only those issues you or someone else raise a t
the public hearing described in this notice, or i n
written correspondence delivered to the Office o f
the City Clerk at or prior to the public hearing.

CV114932 2/4/2022

NOTICE OF PUBLIC HEARING
Community Development Commission-Housing
Authority of the City of National City
Fiscal Year 2022-2023 Streamlined Annual Pub-
lic Housing Agency Plan (PHA)
NOTICE IS HEREBY GIVEN that the Board o f
Commissioners of the Community Developmen t
Commission-Housing Authority of the City of Na -
tional City will hold a public hearing on April 5 ,
2022, at 6:00 p.m., in the National City Counci l
Chambers located at 1243 National Cit y
Boulevard, National City, California.The purpos e
of the public hearing is to gather input on th e
Fiscal Year 2022-2023 Streamlined Annual PHA -
Plan. The Streamlined Annual PHA Plan will als o
be released for a 45-day public review and com -
mentperiod on or about February 7, 2022.

The PHA Plan is a comprehensive guide to th e
Section 8 Housing Choice Voucher Progra m
(HCV) policies, programs, operations, an d
strategies for meeting local housing needs an d
goals. The Streamlined Annual Plan is submitte d
to HUD every year. The Section 8 HCV Adminis -
trative Plan is also subject to review as part of the
Streamlined Annual PHA Plan and governs th e
Housing Authority’s administration of its Section 8
HCV Program.

The referenced and supporting documents will be
available for public review after February 7, 202 2
at the following locations and on the City of Na -
tional City website:

CDC, Housing Authority of the City
of National City
Section 8–Housing Choice Voucher Program
140 E. 12th Street, Suite B
National City CA 91950
City of National City – City Hall
City Clerk
1243 National City Blvd
National City CA 91950
Written comments may be submitted prior to th e
public hearing and during the 45-day commen t
period ending on or about April 5, 2022, to:

CDC, Housing Authority of the City of National
City
Section 8 - Housing Choice Voucher Program
Attn: Marta Rios, Housing Programs Manager
140 E. 12th Street, Suite B
National City CA 91950
Phone: (619) 336-4254
Fax: (619) 477-3747
DATED: January 24, 2022
CV114497 2/4/2022

CITY OF CHULA VISTA

NOTICE OF ELECTION
NOTICE IS HEREBY GIVEN that a General Mu-
nicipal Election will be held in the City of Chula
Vista on Tuesday, June 7, 2022, for the following
officers:

One (1) Mayor for the full term of four years ,
commencing December 2022
One (1) Member of the City Council to represent
District 1 for the full term of four years, commen-
cing December 2022
One (1) Member of the City Council to represent
District 2 for the full term of four years, commen-
cing December 2022
One (1) City Attorney for the full term of four
years, commencing December 2022
The nomination period for these offices begins on
Monday, February 14, 2022, and closes on Fri-
day, March 11, 2022.

If nomination papers for an incumbent officer of
the City are not filed by or on March 11, 2022
(the 88th day before the election), the voters shall
have until the 83rd day before the election, March
16, 2022, to nominate candidates other than the
person who was the incumbent on the 88th day
before the election, for that incumbent’s elective
office. This extension is not applicable where
there is no incumbent eligible to be elected.

The polls (vote centers) will be open the hours of
7:00 a.m. and 8:00 p.m.
/s/ Kerry K. Bigelow, MMC
City Clerk/City Elections Official
City of Chula Vista, California
CV114798 2/4/2022
Legal Notices-STAR

FICTITIOUS

BUSINESS NAME
STATEMENT NO.
2022-9002546
RMS Deals, Locate d
at: 1138 Purdy St ,
Spring Valley, CA
91977. This business is
registered by the fol-
lowing: Nighshootu
LLC, 1138 Purdy St ,
Spring Valley, CA
91977.

This business is con-
ducted by: Limited Li-
ability Company
The first day of busi-
ness was: N/A
Signature: Ricard o
Santos, Member
Statement filed with the
Recorder/County Clerk
of San Diego County
on: 1/31/2022.

CV114880
2/4,11,18,25/22

FICTITIOUS

BUSINESS NAME
STATEMENT NO.
2022-9002672
All Catering Food,
Located at: 780 Hol -
lister St Unit 17, San
Diego, CA 92154. This
business is registered
b y t h e f o l l o w i n g
:

Sammy's Food Indus-
tries, Inc, 1129 Myr
a
Ave, Chula Vista, CA
91910.

This business is con-
ducted by: Corporation
The first day of busi-
ness was: N/A
Signature: Eduardo
Garcia Munoz, Presid-
ent
Statement filed with the
Recorder/County Clerk
of San Diego County
on: 2/01/2022.

CV114913
2/4,11,18,25/22

FICTITIOUS

BUSINESS NAME
STATEMENT NO.
2022-9002399
J C K e y c h a i n s &
Souvenirs, Located at :
50 Monte Vista Aven-
ue #76, Chula Vista ,
CA 91910. This busi-
ness is registered by
the following: Jua n
C a r l o s B a r r a g a n
Gonzalez & Lilian a
Granados Marquez, 50
Monte Vista Avenue
#76, Chula Vista, CA
91910.

This business is con-
ducted by: Marrie d
Couple
The first day of busi-
ness was: N/A
Signature: Juan Carlos
Barragan Gonzalez
Statement filed with the
Recorder/County Clerk
of San Diego County
on: 1/28/2022.

CV114834
2/4,11,18,25/22

FICTITIOUS

BUSINESS NAME
STATEMENT NO.
2022-9002681
American Trucking
and Rentals , Located
at: 1066 Eagle Ridge
Pl, Chula Vista, C A
91913. This business is
registered by the fol-
lowing: Jose Vilchis -
H e r n a n d e z , 1 0 6 6
Eagle Ridge Pl, Chula
Vista, CA 91913.

This business is con-
ducted by: Individual
The first day of busi-
ness was: N/A
Signature: Jose Vilchis-
Hernandez
Statement filed with the
Recorder/County Clerk
of San Diego County
on: 2/01/2022.

CV114916
2/4,11,18,25/22

FICTITIOUS

BUSINESS NAME
STATEMENT NO.
2022-9002070
M e r a z T r a n s p o rt
Trucking , Located at :
418 Anita June Ct ,
Chula Vista, CA 91911 .

This business is re -
gistered by the follow -
ing: Ivan Meraz & Joe l
Meraz, 418 Anita Jun e
Ct, Chula Vista, C A
91911.

This business is con-
ducted by: General
Partnership
The first day of busi-
ness was: N/A
Signature: Ivan Meraz
Statement filed with the
Recorder/County Clerk
of San Diego County
on: 1/25/2022.

CV114917
2/4,11,18,25/22
Legal Notices-STAR

FICTITIOUS

BUSINESS NAME
STATEMENT NO.
2022-9002676
Better Way Handy-
man Services, Loc-
ated at: 110 Tennie St
#A, San Ysidro, CA
92173. This business is
registered by the fol-
l
owing: Luis Hernan -
dez, 110 Tennie St #A ,
San Ysidro, CA 92173 .

This business is con -
ducted by: Individual
The first day of busi -
ness was: N/A
S i g n a t u r e : L u i s
H e r n a n d e z
Statement filed with the
Recorder/County Cler k
of San Diego Count y
on: 2/01/2022.

CV114914
2/4,11,18,25/22

ORDER TO

SHOW CAUSE FOR

CHANGE OF NAME
CASE NO. 37-2022-
00003714-CU-PT-CTL

TO ALL INTERESTED
PERSONS: Petitioner :

HANI ABDULQADIR
ADENfiled a petition
with this court for a de-
cree changing names
as follows: HANI AB-
DULQADIR ADEN t o
HANI HASSAN NOOR .

T H E C O U R T O R -
DERS that all persons
interested in this mat-
ter shall appear before
this court at the hear-
ing indicated below to
show cause, if any ,
why the petition for
change of name should
not be granted. An y
person objecting to the
name changes de -
scribed above must file
a written objection that
includes the reason s
for the objection a t
least two court day s
before the matter is
scheduled to be heard
and must appear at the
hearing to show cause
why the petition should
not be granted. If no
written objection i s
timely filed, the court
may grant the petition
without a hearing.

NOTICE OF HEARING
03/16/2022
8:30 a.m., Dept. 61
Superior Court
330 W. Broadway
San Diego, CA 92101
A copy of this Order to
Show Cause shall be
published at least once
each week for four suc-
cessive weeks prior to
the date set for hear-
ing on the petition in
the following newspa-
per of general circula-
tion, printed in this
county: The Star News
Due to the COVID-19 pandem-
ic, which poses a substantial
risk to the health and welfare of
court personnel and the public ,
rendering presence in, or ac-
cess to, the court’s facilities un-
safe, and pursuant to the emer-
gency orders of the Chie f
Justice of the State of Califor-
nia and General Orders of the
Presiding Department of the
San Diego Superior Court, the
following Order is made: NO

HEARING WILL OCCUR ON

THE DATES SPECIFIED IN

THE ORDER TO SHOW
CAUSE The court will review
the documents filed as of the
date specified on the Order to
Show Cause for Change of
Name (JC Form #NC-120). If
all requirements for a name
change have been met as of
the date specified, and no
timely written objection has
been received (required at
least two court days before the
date specified), the Petition for
Change of Name (JC #NC-
100) will be granted without a
hearing. One certified copy of
the Order Granting the Petition
will be mailed to the petitioner .

If all the requirements have not
been met as of the date spe-
cified, the court will mail the pe-
titioner a written order with fur-
ther directions. If a timely ob-
jection is filed, the court will set
a remote hearing date and con-
tact the parties by mail with fur-
ther directions. A RESPOND-

ENT OBJECTING TO THE

NAME CHANGE MUST FILE A

WRITTEN OBJECTION AT

LEAST TWO COURT DAYS
(excluding weekends and holi-
days) BEFORE THE DAT E
SPECIFIED. Do not come to
court on the specified date .

The court will notify the parties
by mail of a future remote hear-
ing date. Any petition for the
name change of a minor that is
signed by only one parent must
have this Attachment served
along with the Petition and Or-
der to Show Cause, on the oth-
er non-signing parent, and
proof of service must be filed
with the court.

DATE: 1/31/2022
Michael T Smyth
Judge of the
Superior Court
CV114915
2/4,11,18,25/22
Legal Notices-STAR

FICTITIOUS

BUSINESS NAME
STATEMENT NO.
2022-9001470
2 Days Painting , Loc -
ated at: 3952 Florenc e
St, San Diego, C A
92113. This business is
registered by the fol -
lowing: Jose Ibarra ,
3952 Florence St, Sa n
Diego, CA 92113.

This business is con
-
ducted by: Individual
The first day of busi -
ness was: 01/19/202 2
Signature: Jose Ibarra
Statement filed with th
e
Recorder/County Cler k
of San Diego Count y
on: 1/19/2022.

CV114742
2/4,11,18,25/22

FICTITIOUS

BUSINESS NAME
STATEMENT NO.
2022-9002552
Stashout , Located at :
315 Corte Goleta ,
Chula Vista, CA 91914 .

This business is re -
gistered by the follow -
ing: Stashout, 31 5
Corte Goleta, Chul a
Vista, CA 91914.

This business is con -
ducted by: Limited Li -
ability Company
The first day of busi -
ness was: 01/31/202 2
Signature: Daniel R
Cabigas, CEO
Statement filed with the
Recorder/County Cler k
of San Diego Count y
on: 1/31/2022.

CV114881
2/4,11,18,25/22

FICTITIOUS

BUSINESS NAME
STATEMENT NO.
2022-9002363
BurnFuel Co., Loc -
ated at: 4836 Camin o
Roberto, Bonita, C A
91902. This business is
registered by the fol -
lowing: Vanessa Torto -
lero, 4836 Camin o
Roberto, Bonita, C A
91902.

This business is con -
ducted by: Individual
The first day of busi -
ness was: 06/11/202 1
Signature: Vaness a
Tortelero
Statement filed with the
Recorder/County Cler k
of San Diego Count y
on: 1/28/2022.

CV114882
2/4,11,18,25/22

FICTITIOUS

BUSINESS NAME
STATEMENT NO.
2022-9002676
Better Way Handy-
man Services, Loc -
ated at: 110 Tennie St
#A, San Ysidro, C A
92173. This business is
registered by the fol-
lowing: Luis Hernan-
dez, 110 Tennie St #A,
San Ysidro, CA 92173.

This business is con-
ducted by: Individual
The first day of busi-
ness was: N/A
S i g n a t u r e : L u i s
H e r n a n d e z
Statement filed with the
Recorder/County Clerk
of San Diego County
on: 2/01/2022.

CV114914
2/4,11,18,25/22
Legal Notices-STAR

FICTITIOUS

BUSINESS NAME
STATEMENT NO.
2022-9001769
G M F Floorcovering ,
Located at: 2130 J.

Ave, National City, CA
91950. This business is
registered by the fol-
l o w i n g : G e o r g e
Fernandez, 2130 J.

Ave, National City, CA
91950.

This business is con-
ducted by: Individual
The first day of busi-
ness was: 03/01/2001
Signature: George
Fernandez
Statement filed with the
Recorder/County Clerk
of San Diego Count y
on: 1/21/2022.

CV114871
2/4,11,18,25/22

FICTITIOUS

BUSINESS NAME
STATEMENT NO.
2022-9002240
Manzano's Vending,
L o c a t e d a t : 1 2 2 3
Seagreen Pl, Sa n
Diego, CA 92154. Thi s
business is registere d
by the following: Ro -
gelio Manzano, 122 3
Seagreen Pl, Sa n
Di e g o , C A 9 2 1 5 4.

This business is con -
ducted by: Individual
The first day of busi -
ness was: N/A
Signature: Rogeli o
Manzano
Statement filed with the
Recorder/County Cler k
of San Diego Count y
on: 1/27/2022.

CV114875
2/4,11,18,25/22

FICTITIOUS

BUSINESS NAME
STATEMENT NO.
2022-9001822
Lomax HR Solutions ,
Located at: 1061 Park
Meadows Rd, Chul a
Vista, CA 91915. This
business is registered
b y t h e f o l l o w i n g :

Angelene M. Lomax ,
1061 Park Meadow s
Rd, Chula Vista, CA
91915.

This business is con-
ducted by: Individual
The first day of busi-
ness was: 01/24/2022
Signature: Angelene M
.

Lomax
Statement filed with the
Recorder/County Clerk
of San Diego County
on: 1/24/2022.

CV114878
2/4,11,18,25/22

FICTITIOUS

BUSINESS NAME
STATEMENT NO.
2022-9002469
Ashide , Located at :
2471 Calle Tres Lo -
mas, San Diego, C A
92139. This business is
registered by the fol -
lowing: Norma Eliza -
beth Gamez Amezcua ,
2471 Calle Tres Lo -
mas, San Diego, C A
92139.

This business is con -
ducted by: Individual
The first day of busi -
ness was: N/A
Signature:Norma Eliza -
beth Gamez Amezcua
Statement filed with the
Recorder/County Cler k
of San Diego Count y
on: 1/31/2022.

CV114879
2/4,11,18,25/22
Legal Notices-STAR

NOTICE OF SALE OF

PERSONAL

PROPERTY
NOTICE is hereby giv-
en that on MARCH 1,
2022 at 1:00 P.M ., till
completion of sale, at

T H E E A S T L A K E

S E L F S T O R A G E ,
2 3 5 1 B O S W E L L

R O A D , C H U L A

VISTA, CALIFORNIA,
91914 , the under-
signed will sell at pub-
lic bid, the personal
property to which a
statutory lien has been
attached and left by the
following:

D 1 0 7 9 - G Y A N N Y

R O D R I G U E Z
C A 0 1 3 - J O H N &

H E L E N E L D E R
A A 0 9 1 - J O S H

T A W H I A O
D 2 2 9 8 - T R U L E Y

J O N E S
B A 0 9 2 - C A R R I E

Y O U N G S
CA089- FREDERICK

BLANDIN
B B 0 8 1 - J U S T I N

W E L L S
D
2328- KAREN CRUZ
D1008- CARMELITA

CAMACHO
D 2 3 5 5 - V I N C E N T

J A N U S Z E W S K I
B B 1 0 5 - D W I G H T

F L O W E R S
B B 0 7 8 - A N D R E

M A G L A L A N G /

SOUTH BAY BULLS
Said property consists
of property to be sold
can be but not limited
to miscellaneous and
household items, fur-
niture, exercise and re-
creation equipment,
personal items, cloth-
ing, books, possible
collectibles/antiques,
miscellaneous office
and construction equip-
ment, auto parts, tools,
electronics, and other
miscellaneous items.

Said auction will be
made pursuant to sec-
tions 21700-21716 of
the Business and Pro-
fessional Code, sec-
tion 2328 of the Com-
mercial Code, section
535 of the Penal Code,
State of California.

T H E E A S T L A K E

S E L F S T O R A G E
2 3 5 1 B O S W E L L

R O A D

CHULA VISTA, CA
91914
A
UCTIONEER:

WEST COAST AUC-
TIONS

W I L L I A M ( K E N )

R I T C H
PO BOX 2071
VISTA, CA 92083
STATE LIC # 0434194
(760) 724-0423
CV114859 2/4,11/2022

FICTITIOUS

BUSINESS NAME
STATEMENT NO.
2022-9002506
Allied Coast Realty,
LLC, Located at: 240 0
Fenton St Suite 214 ,
Chula Vista, CA 91914 .

This business is re -
gistered by the follow -
ing: Michael J. Lofton ,
66 Connoley Circle ,
Chula Vista, CA 91911 .

This business is con -
ducted by: Individual
The first day of busi -
ness was: N/A
Signature: Michael J .

Lofton
Statement filed with th
e
Recorder/County Cler k
of San Diego Count y
on: 1/31/2022.

CV114861
2/4,11,18,25/22

FICTITIOUS

BUSINESS NAME
STATEMENT NO.
2022-9001914
The Little Gift Shop
San Diego, Located at:
2268 Calle Catarina ,
Chula Vista, CA 91914 .

This business is re -
gistered by the follow -
ing: Silvia Karina Arce ,
2268 Calle Catarina ,
Chula Vista, CA 91914 .

This business is con -
ducted by: Individual
The first day of busi -
ness was: 01/05/202 2
Signature: Silvia Karina
Arce
Statement filed with the
Recorder/County Cler k
of San Diego Count y
on: 1/25/2022.

CV114867
2/4,11,18,25/22

FICTITIOUS

BUSINESS NAME
STATEMENT NO.
2022-9001769
G M F Floorcovering ,
Located at: 2130 J .

Ave, National City, CA
91950. This business is
registered by the fol-
l o w i n g : G e o r g e
Fernandez, 2130 J .

Ave, National City, CA
91950.

This business is con-
ducted by: Individual
The first day of busi-
ness was: 03/01/2001
Signature: Georg e
Fernandez
Statement filed with the
Recorder/County Clerk
of San Diego County
on: 1/21/2022.

CV114871
2/4,11,18,25/22
Legal Notices-STAR

NOTICE OF SALE OF

PERSONAL

PROPERTY
NOTICE is hereby giv-
en that on MARCH 1,
2022 at 1:00 P.M ., till
completion of sale, at

T H E E A S T L A K E

S E L F S T O R A G E ,
2 3 5 1 B O S W E L L

R O A D , C H U L A

VISTA, CALIFORNIA,
9 1914 , the under -
signed will sell at pub -
lic bid, the persona l
property to which a
statutory lien has bee n
attached and left by the
following:

D 1 0 7 9 - G Y A N N Y

R O D R I G U E Z
C A 0 1 3 - J O H N &

H E L E N E L D E R
A A 0 9 1 - J O S H

T A W H I A O
D 2 2 9 8 - T R U L E Y

J O N E S
B A 0 9 2 - C A R R I E

Y O U N G S
CA089- FREDERIC K

BLANDIN
B B 0 8 1 - J U S T I N

W E L L S
D2328- KAREN CRUZ
D1008- CARMELIT A

CAMACHO
D 2 3 5 5 - V I N C E NT

J A N U S Z E W S K I
B B 1 0 5 - D W I G H T

F L O W E R S
B B 0 7 8 - A N D R E

M A G L A L A N G /

SOUTH BAY BULL S
Said property consist s
of property to be sol d
can be but not limite d
to miscellaneous an d
household items, fur -
niture, exercise and re -
creation equipment ,
personal items, cloth -
ing, books, possibl e
collectibles/antiques ,
miscellaneous offic e
and construction equip-
ment, auto parts, tools ,
electronics, and othe r
miscellaneous items.

Said auction will b e
made pursuant to sec -
tions 21700-21716 o f
the Business and Pro -
fessional Code, sec -
tion 2328 of the Com -
mercial Code, sectio n
535 of the Penal Code ,
State of California.

T H E E A S T L A KE

S E L F S T O R A GE
2 3 5 1 B O S W E LL

R O A D

CHULA VISTA, CA
91914
AUCTIONEER:

WEST COAST AUC-
TIONS

W I L L I A M ( K E N)

R I T C H
PO BOX 2071
VISTA, CA 92083
STATE LIC # 043419 4
(760) 724-0423
CV114859 2/4,11/2022
Legal Notices-STAR

FICTITIOUS

BUSINESS NAME
STATEMENT NO.
2022-9002474
a) Roofing Squadb)
Roofing Squad 911,
Located at: 641 K St
Apt C, Chula Vista, CA
91911. This business is
registered by the fol-
lowing: Roofing Style
911 Inc, 641 K St Apt
C, Chula Vista, C A
91911.

This business is con-
ducted by: Corporation
The first day of busi-
ness was: 01/01/2020
S i g n a t u r e : C a r l o s
L e y v a , P r e s i d e n t
Statement filed with the
Recorder/County Clerk
of San Diego County
on: 1/31/2022.

CV114846
2/4,11,18,25/22

FICTITIOUS

BUSINESS NAME
STATEMENT NO.
2022-9001987
Crown Brow Studio,
Located at: 1123 10th
S t , C o r o n a d o , CA
92118. This business is
registered by the fol-
l o w i n g : S h e b a P .

Kakarlamudi, 141 2
Ridgeback Rd Apt E ,
Chula Vista, CA 91910 .

This business is con-
ducted by: Individual
The first day of busi-
ness was: 01/25/2022
Signature: Sheba P .

Kakarlamudi
Statement filed with the
Recorder/County Clerk
of San Diego County
on: 1/25/2022.

CV114848
2/4,11,18,25/22

NOTICE OF SALE OF

PERSONAL

PROPERTY
NOTICE is hereby giv -
en that on MARCH 1 ,
2022 at 1:00 P.M ., til l
completion of sale, a t

T H E E A S T L A KE

S E L F S T O R A G E,
2 3 5 1 B O S W E LL

R O A D , C H U L A

VISTA, CALIFORNIA,
91914 , the under-
signed will sell at pub-
lic bid, the personal
property to which a
statutory lien has been
attached and left by the
following:

D 1 0 7 9 - G Y A N N Y

R O D R I G U E Z
C A 0 1 3 - J O H N &

H E L E N E L D E R
A A 0 9 1 - J O S H

T A W H I A O
D 2 2 9 8 - T R U L E Y

J O N E S
B A 0 9 2 - C A R R I E

Y O U N G S
CA089- FREDERICK

BLANDIN
B B 0 8 1 - J U S T I N

W E L L S
D2328- KAREN CRUZ
D1008- CARMELITA

CAMACHO
D 2 3 5 5 - V I N C E N T

J A N U S Z E W S K I
B B 1 0 5 - D W I G H T

F L O W E R S
B B 0 7 8 - A N D R E

M A G L A L A N G /

SOUTH BAY BULLS
Said property consists
of property to be sold
can be but not limited
to miscellaneous and
household items, fur-
niture, exercise and re-
creation equipment,
personal items, cloth-
ing, books, possible
collectibles/antiques,
miscellaneous office
and construction equip-
ment, auto parts, tools,
electronics, and other
miscellaneous items.

Said auction will be
made pursuant to sec-
tions 21700-21716 of
the Business and Pro-
fessional Code, sec-
tion 2328 of the Com-
mercial Code, section
535 of the Penal Code,
State of California.

T H E E A S T L A K E

S E L F S T O R A G E
2 3 5 1 B O S W E L L

R O A D

CHULA VISTA, CA
91914
A
UCTIONEER:

WEST COAST AUC-
TIONS

W I L L I A M ( K E N )

R I T C H
PO BOX 2071
VISTA, CA 92083
STATE LIC # 0434194
(760) 724-0423
CV114859 2/4,11/2022
Legal Notices-STAR

FICTITIOUS

BUSINESS NAME
STATEMENT NO.
2022-9001887
Tallo, Located at: 216
Third Ave, Chula Vista,
CA 91910. This busi-
ness is registered by
the following: Ivana
Fernandez & Isabella
Tejeda, 216 Third Ave,
Chula Vista, CA 91910.

This business is con-
ducted by: General
Partnership
The first day of busi-
ness was: N/A
S i g n a t u r e : I v a n a
F e r n a n d e z
Statement filed with the
Recorder/County Clerk
of San Diego County
on: 1/24/2022.

CV114840
2/4,11,18,25/22

FICTITIOUS

BUSINESS NAME
STATEMENT NO.
2022-9002431
New Concepts in Re-
covery , Located at :
324 C Street #179 ,
Chula Vista, CA 91910 .

This business is re-
gistered by the follow-
ing: Ky Washington ,
324 C Street #179 ,
Chula Vista, CA 91910 .

This business is con-
ducted by: Individual
The first day of busi-
ness was: 08/01/2001
Signature: Ky Wash -
ington
Statement filed with the
Recorder/County Clerk
of San Diego County
on: 1/28/2022.

CV114842
2/4,11,18,25/22

FICTITIOUS

BUSINESS NAME
STATEMENT NO.
2022-9002443
Art's Mobility & Re-
pairs, Located at: 1639
Melrose Ave, Chula
Vista, CA 91911. This
business is registered
by the following: San
Diego Mobility Inc. ,
1454 Melrose Ave Ste
1-221, Chula Vista, CA
91911.

This business is con-
ducted by: Corporation
The first day of busi-
ness was: 01/01/2022
Signature: Maria Mar-
cq, CFO
Statement filed with the
Recorder/County Clerk
of San Diego County
on: 1/31/2022.

CV114844
2/4,11,18,25/22

FICTITIOUS

BUSINESS NAME
STATEMENT NO.
2022-9002474
a) Roofing Squadb)
Roofing Squad 911,
Located at: 641 K St
Apt C, Chula Vista, CA
91911. This business is
registered by the fol-
lowing: Roofing Style
911 Inc, 641 K St Apt
C, Chula Vista, CA
91911.

This business is con-
ducted by: Corporation
The first day of busi-
ness was: 01/01/2020
S i g n a t u r e : C a r l o s
L e y v a , P r e s i d e n t
Statement filed with the
Recorder/County Clerk
of San Diego County
on: 1/31/2022.

CV114846
2/4,11,18,25/22
Attachment No. 2

Page 2 of 2 ends

512 of 587
National City Housing Authority

HOUSING CHOICE VOUCHER PROGRAM

STREAMLINED ANNUAL

PUBLIC HOUSING AGENCY PLAN
FOR
FISCAL YEAR 2022 - 2023
140 E. 12th Street, Suite B
National City CA 91950-3312
(619) 336-4254— Telephone
(619) 477-3747— Facsimile
www.nationalcityca.gov
[email protected]
Attachment No 3

Page 1 of 24 ends

513 of 587
Streamlined Annual
PHA Plan
(HCV Only PHAs)
U.S. Department of Housing and Urban Development
Office of Public and Indian Housing
OMB No. 2577-0226
Expires 03/31/2024

Pa ge 1 of 6 form HUD-50075-HCV (03/31/2024)
Purpose. The 5-Year and Annual PHA Plans provide a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA’s operations, programs, and services, including changes to these policies, and informs HUD, families served by the PHA, and members of the public of the PHA’s mission, goals and objectives for serving the needs of low- income, very low- income, and extremely low- income families Applicability. The Form HUD-50075-HCV is to be completed annually by HCV-Only PHAs. PHAs that meet the definition of a Standard PHA, Troubled PHA, High Performer PHA, Small PHA, or Qualified PHA do not need to submit this form. Where applicable, separate Annual PHA Plan forms are available for each of these types of PHAs.

De
finitions.
(1) High-Performer PHA – A PHA that owns or manages more than 550 combined public housing units and housing choice vouchers, and was designated as a high performer on both the most recent Public Housing Assessment System (PHAS) and Section Eight Management Assessment Program (SEMAP) assessments if administering both programs, or PHAS if only administering public housing. (2) Small PHA - A PHA that is not designated as PHAS or SEMAP troubled, that owns or manages less than 250 public housing units and any number of vouchers where the total combined units exceed 550.
(3) Housing Choice Voucher (HCV) Only PHA - A PHA that administers more than 550 HCVs, was not designated as troubled in its most recent SEMAP assessment and does not own or manage public housing.
(4) Standard PHA - A PHA that owns or manages 250 or more public housing units and any number of vouchers where the total combined units exceed 550, and that was designated as a standard performer in the most recent PHAS and SEMAP assessments. (5) Troubled PHA - A PHA that achieves an overall PHAS or SEMAP score of less than 60 percent. (6) Qualified PHA - A PHA with 550 or fewer public housing dwelling units and/or housing choice vouchers combined and is not PHAS or SEMAP troubled.

A. PHA Information.

A.1 PHA Name: _City of National City Housing Authority_______________________________ PHA Code: _____CA116__________ PHA Plan for Fiscal Year Beginning: (MM/YYYY): _07/2022_____________ PHA Inventory (Based on Annual Contributions Contract (ACC) units at time of FY beginning, above) Number of Housing Choice Vouchers (HCVs) ____1123_____________ PHA Plan Submission Type: Annual Submission Revised Annual Submission Av
ailability of Information. In addition to the items listed in this form, PHAs must have the elements listed below readily available to the public.

A PHA must identify the specific location(s) where the proposed PHA Plan, PHA Plan Elements, and all information relevant to the public hearing and proposed PHA Plan are available for inspection by the public. Additionally, the PHA must provide information on how the public may reasonably obtain additional information of the PHA policies contained in the standard Annual Plan but excluded from their streamlined submissions. At a minimum, PHAs must post PHA Plans, including updates, at the main office or central office of the PHA. PHAs are strongly encouraged to post complete PHA Plans on their official website.

PHA Consortia: (Check box if submitting a joint Plan and complete table below) Participating PHAs PHA Code Program(s) in the Consortia Program(s) not in the Consortia No. of Units in Each Program
Lead HA:

Attachment No 3

Page 2 of 24 ends

514 of 587

Page 2 of 6 ends

B. Plan Elements.

B.1 Revision of Existing PHA Plan Elements.
a) Ha
ve the following PHA Plan elements been revised by the PHA since its last Annual Plan submission? Y N
Statement of Housing Needs and Strategy for Addressing Housing Needs.

Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions.

Financial Resources.

Rent Determination.

Operation and Management.

Informal Review and Hearing Procedures.

Homeownership Programs.

Self Sufficiency Programs and Treatment of Income Changes Resulting from Welfare Program Requirements.

Substantial Deviation.

Significant Amendment/Modification.
(b
) If the PHA answered yes for any element, describe the revisions for each element(s):

B.2 New Activities. – Not Applicable
B.3 Progress Report. See Attach.

Pr
ovide a description of the PHA’s progress in meeting its Mission and Goals described in its 5-Year PHA Plan.

B.4 Capital Improvements. – Not Applicable
B.5 Most Recent Fiscal Year Audit.
(a) W
ere there any findings in the most recent FY Audit?

Y N N/
A
(b) I
f yes, please describe:

C. Other Document and/or Certification Requirements.

C.1 Resident Advisory Board (RAB) Comments.
(a) D
id the RAB(s) have comments to the PHA Plan?

Y N
(b) If yes, comments must be submitted by the PHA as an attachment to the PHA Plan. PHAs must also include a narrative describing their analysis of the RAB recommendations and the decisions made on these recommendations.

C.2 Certification by State or Local Officials. See Attach.

Fo
rm HUD 50077-SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan.

C.3 Civil Rights Certification/ Certification Listing Policies and Programs that the PHA has Revised since Submission of its Last Annual Plan.

Fo
rm HUD-50077-ST-HCV-HP, PHA Certifications of Compliance with PHA Plan, Civil Rights, and Related Laws and Regulations Including PHA Plan Elements that Have Changed, must be submitted by the PHA as an electronic attachment to the PHA Plan.

C.4
Challenged Elements. If any element of the PHA Plan is challenged, a PHA must include such information as an attachment with a description of any challenges to Plan elements, the source of the challenge, and the PHA’s response to the public. (a) Did the public challenge any elements of the Plan?

Y N
If yes, include Challenged Elements.

Attachment No 3

Page 3 of 24 ends

515 of 587

Page 3 of 6 ends

D. Affirmatively Furthering Fair Housing (AFFH).

D.1 Affirmatively Furthering Fair Housing (AFFH).

Pr
ovide a statement of the PHA’s strategies and actions to achieve fair housing goals outlined in an accepted Assessment of Fair Housing (AFH) consistent with 24 CFR § 5.154(d)(5). Use the chart provided below. (PHAs should add as many goals as necessary to overcome fair housing issues and contributing factors.) Until such time as the PHA is required to submit an AFH, the PHA is not obligated to complete this chart. The PHA will fulfill, nevertheless, the requirements at 24 CFR § 903.7(o) enacted prior to August 17, 2015. See Instructions for further detail on completing this item.

Fair Housing Goal:

Describe fair housing strategies and actions to achieve the goal The PHA must take steps to ensure that families and owners are fully aware of all applicable civil rights laws.

As part of the briefing process, the PHA must provide information to HCV applicant families about civil rights requirements and the opportunity to rent in a broad range of neighborhoods [24 CFR 982.301]. The Housing Assistance Payments (HAP) contract informs owners of the requirement not to discriminate against any person because of race, color, religion, sex, national origin, age, familial status, or disability in connection with the contract.

Fair Housing Goal:

Describe fair housing strategies and actions to achieve the goal The PHA is to treat all applicants and participants equally, providing the same opportunity to access services, regardless of family characteristics and background. Federal law prohibits discrimination in housing on the basis of race, color, religion, sex, national origin, age, familial status, and disability. In addition, HUD regulations provide for additional protections regarding sexual orientation, gender identity, and marital status. The PHA will comply fully with all federal, state, and local nondiscrimination laws, and with rules and regulations governing fair housing and equal opportunity in housing and employment, including: Title VI of the Civil Rights Act of 1964; Title VIII of the Civil Rights Act of 1968 (as amended by the Community Development Act of 1974 and the Fair Housing Amendments Act of 1988); Executive Order 1106; Section 504 of the Rehabilitation Act of 1973;The Age Discrimination Act of 1975; Title II of the Americans with Disabilities Act (to the extent that it applies, otherwise Section 504 and the Fair Housing Amendments govern); The Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity Final Rule, published in the Federal Register February 3, 2012 and further clarified in Notice PIH 2014-20
Violence Against Women Reauthorization Act of 2013 (VAWA) Fair Housing Goal:

Attachment No 3

Page 4 of 24 ends

516 of 587

Page 4 of 6 ends

Inst
ructions for Preparation of Form HUD-50075-HCV
Annual PHA Plan for HCV-Only PHAs
___________________________________________________________________________ A. PHA Information. All PHAs must complete this section. (24 CFR §903.4) A.1
Include the full PHA Name, PHA Code, PHA Type, PHA Fiscal Year Beginning (MM/YYYY), Number of Housing Choice Vouchers (HCVs), PHA Plan Submission Type, and the Availability of Information, specific location(s) of all information relevant to the public hearing and proposed PHA Plan.

PH
A Consortia: Check box if submitting a Joint PHA Plan and complete the table. (24 CFR §943.128(a)) B. Pla
n Elements. All PHAs must complete this section. (24 CFR §903.11(c)(3)) B.1 R
evision of Existing PHA Plan Elements. PHAs must:

Ide
ntify specifically which plan elements listed below that have been revised by the PHA. To specify which elements have been revised, mark the “yes” box. If an element has not been revised, mark “no." NO.

Statement of Housing Needs and Strategy for Addressing Housing Needs. Provide a statement addressing the housing needs of low-income, very low-income and extremely low-income families and a brief description of the PHA’s strategy for addressing the housing needs of families who reside in the jurisdiction served by the PHA and other families who are on the Section 8 tenant-based assistance waiting lists. The statement must identify the housing needs of (i) families with incomes below 30 percent of area median income (extremely low-income); (ii) elderly families (iii) households with individuals with disabilities, and households of various races and ethnic groups residing in the jurisdiction or on the public housing and Section 8 tenant- based assistance waiting lists. The statement of housing needs shall be based on information provided by the applicable Consolidated Plan, information provided by HUD, and generally available data. The identification of housing needs must address issues of affordability, supply, quality, accessibility, size of units, and location. Once the PHA has submitted an Assessment of Fair Housing (AFH), which includes an assessment of disproportionate housing needs in accordance with 24 CFR 5.154(d)(2)(iv), information on households with individuals with disabilities and households of various races and ethnic groups residing in the jurisdiction or on the waiting lists no longer needs to be included in the Statement of Housing Needs and Strategy for Addressing Housing Needs. (24 CFR § 903.7(a)).

The
identification of housing needs must address issues of affordability, supply, quality, accessibility, size of units, and location. (24 CFR §903.7(a)(2)(i)) Provide a description of the ways in which the PHA intends, to the maximum extent practicable, to address those housing needs in the upcoming year and the PHA’s reasons for choosing its strategy. (24 CFR §903.7(a)(2)(ii)) NO.

Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions. A statement of the PHA’s policies that govern resident or tenant eligibility, selection and admission including admission preferences for HCV. (24 CFR §903.7(b)) NO.

Financial Resources. A statement of financial resources, including a listing by general categories, of the PHA’s anticipated resources, such as PHA HCV funding and other anticipated Federal resources available to the PHA, as well as tenant rents and other income available to support tenant-based assistance. The statement also should include the non-Federal sources of funds supporting each Federal program, and state the planned use for the resources. (24 CFR §903.7(c)) NO.

Rent Determination. A statement of the policies of the PHA governing rental contributions of families receiving tenant-based assistance, discretionary minimum tenant rents, and payment standard policies. (24 CFR §903.7(d)) NO.

Operation and Management. A statement that includes a description of PHA management organization, and a listing of the programs administered by the PHA. (24 CFR §903.7(e)). NO.

Describe fair housing strategies and actions to achieve the goal The PHA must ensure that persons with disabilities have full access to the PHA’s programs and services.

This responsibility begins with the first contact by an interested family and continues through every aspect of the program. The PHA will ask all applicants and participants if they require any type of accommodations, in writing, on the intake application, reexamination documents, and notices of adverse action by the PHA, by including the following language:
“If you or anyone in your family is a person with disabilities, and you require a specific accommodation in order to fully utilize our programs and services, please contact the housing authority.” Attachment No 3

Page 5 of 24 ends

517 of 587

Page 5 of 6 ends

Informal Review and Hearing Procedures. A description of the informal hearing and review procedures that the PHA makes available to its applicants. (24 CFR §903.7(f))
Homeownership Programs. A statement describing any homeownership programs (including project number and unit count) administered by the agency under section 8y of the 1937 Act, or for which the PHA has applied or will apply for approval. (24 CFR §903.7(k)) Self Sufficiency Programs and Treatment of Income Changes Resulting from Welfare Program Requirements. A description of any PHA programs relating to services and amenities coordinated, promoted, or provided by the PHA for assisted families, including those resulting from the PHA’s partnership with other entities, for the enhancement of the economic and social self-sufficiency of assisted families, including programs provided or offered as a result of the PHA’s partnerships with other entities, and activities subject to Section 3 of the Housing and Community Development Act of 1968 (24 CFR Part 135) and under requirements for the Family Self-Sufficiency Program and others. Include the program’s size (including required and actual size of the FSS program) and means of allocating assistance to households. (24 CFR §903.7(l)(i)) Describe how the PHA will comply with the requirements of section 12(c) and (d) of the 1937 Act that relate to treatment of income changes resulting from welfare program requirements. (24 CFR §903.7(l)(iii)). NO.

Substantial Deviation. PHA must provide its criteria for determining a “substantial deviation” to its 5-Year Plan. (24 CFR §903.7(r)(2)(i)) Significant Amendment/Modification. PHA must provide its criteria for determining a “Significant Amendment or Modification” to its 5-Year and Annual Plan.

If
any boxes are marked “yes”, describe the revision(s) to those element(s) in the space provided.

B.2 N
ew Activities. This section refers to new capital activities which is not applicable for HCV-Only PHAs.

B.3 Pro
gress Report. For all Annual Plans following submission of the first Annual Plan, a PHA must include a brief statement of the PHA’s progress in meeting the mission and goals described in the 5-Year PHA Plan. (24 CFR §903.11(c)(3), 24 CFR §903.7(r)(1)) SEE ATTACH.

B.4
Capital Improvements. This section refers to PHAs that receive funding from the Capital Fund Program (CFP) which is not applicable for HCV-Only PHAs
B.5 M
ost Recent Fiscal Year Audit. If the results of the most recent fiscal year audit for the PHA included any findings, mark “yes” and describe those findings in the space provided. (24 CFR §903.7(p)) NO.

C. Ot
her Document and/or Certification Requirements.

C.1
Resident Advisory Board (RAB) comments. If the RAB had comments on the annual plan, mark “yes,” submit the comments as an attachment to the Plan and describe the analysis of the comments and the PHA’s decision made on these recommendations. (24 CFR §903.13(c), 24 CFR §903.19) NO.

C.2 C
ertification by State of Local Officials. Form HUD-50077-SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan. (24 CFR §903.15). Note: A PHA may request to change its fiscal year to better coordinate its planning with planning done under the Consolidated Plan process by State or local officials as applicable.

C.3 C
ivil Rights Certification/ Certification Listing Policies and Programs that the PHA has Revised since Submission of its Last Annual Plan. Provide a certification that the following plan elements have been revised, provided to the RAB for comment before implementation, approved by the PHA board, and made available for review and inspection by the public. This requirement is satisfied by completing and submitting form HUD-50077 ST-HCV-HP, PHA Certifications of Compliance with PHA Plan, Civil Rights, and Related Laws and Regulations Including PHA Plan Elements that Have Changed.

Form HUD-50077-ST-HCV-HP, PHA Certifications of Compliance with PHA Plan, Civil Rights, and Related Laws and Regulations Including PHA Plan Elements that Have Changed must be submitted by the PHA as an electronic attachment to the PHA Plan. This includes all certifications relating to Civil Rights and related regulations. A PHA will be considered in compliance with the certification requirement to affirmatively further fair housing if the PHA fulfills the requirements of §§ 903.7(o)(1) and 903.15(d) and: (i) examines its programs or proposed programs; (ii) identifies any fair housing issues and contributing factors within those programs, in accordance with 24 CFR 5.154; or 24 CFR 5.160(a)(3) as applicable (iii) specifies actions and strategies designed to address contributing factors, related fair housing issues, and goals in the applicable Assessment of Fair Housing consistent with 24 CFR 5.154 in a reasonable manner in view of the resources available; (iv) works with jurisdictions to implement any of the jurisdiction's initiatives to affirmatively further fair housing that require the PHA's involvement; (v) operates programs in a manner consistent with any applicable consolidated plan under 24 CFR part 91, and with any order or agreement, to comply with the authorities specified in paragraph (o)(1) of this section; (vi) complies with any contribution or consultation requirement with respect to any applicable AFH, in accordance with 24 CFR 5.150 through 5.180; (vii) maintains records reflecting these analyses, actions, and the results of these actions; and (viii) takes steps acceptable to HUD to remedy known fair housing or civil rights violations. impediments to fair housing choice within those programs; addresses those impediments in a reasonable fashion in view of the resources available; works with the local jurisdiction to implement any of the jurisdiction’s initiatives to affirmatively further fair housing; and assures that the annual plan is consistent with any applicable Consolidated Plan for its jurisdiction. (24 CFR §903.7(o)).

C.
4 Challenged Elements. If any element of the Annual PHA Plan or 5-Year PHA Plan is challenged, a PHA must include such information as an attachment to the Annual PHA Plan or 5-Year PHA Plan with a description of any challenges to Plan elements, the source of the challenge, and the PHA’s response to the public. NO.

D. Af
firmatively Furthering Fair Housing (AFFH).

D.
1 Affirmatively Furthering Fair Housing. The PHA will use the answer blocks in item D.1 to provide a statement of its strategies and actions to implement each fair housing goal outlined in its accepted Assessment of Fair Housing (AFH) consistent with 24 CFR § 5.154(d)(5) that states, in relevant part: “To implement goals and priorities in an AFH, strategies and actions shall be included in program participants' … PHA Plans (including any plans incorporated therein) …. Strategies and actions must affirmatively further fair housing ….” Use the chart provided to specify each fair h ousing goal from the PHA’s AFH for which the PHA is the responsible program participant – whether the AFH was prepared solely by the PHA, jointly with one or more other PHAs, or in Attachment No 3

Page 6 of 24 ends

518 of 587

Page 6 of 6 ends

collaboration with a state or local jurisdiction – and specify the fair housing strategies and actions to be implemented by the PHA during the period covered by this PHA Plan. If there are more than three fair housing goals, add answer blocks as necessary.

Un
til such time as the PHA is required to submit an AFH, the PHA will not have to complete section D., nevertheless, the PHA will address its obligation to affirmatively further fair housing in part by fulfilling the requirements at 24 CFR 903.7(o)(3) enacted prior to August 17, 2015, which means that it examines its own programs or proposed programs; identifies any impediments to fair housing choice within those programs; addresses those impediments in a reasonable fashion in view of the resources available; works with local jurisdictions to implement any of the jurisdiction’s initiatives to affirmatively further fair housing that require the PHA’s involvement; and maintain records reflecting these analyses and actions. Furthermore, under Section 5A(d)(15) of the U.S. Housing Act of 1937, as amended, a PHA must submit a civil rights certification with its Annual PHA Plan, which is described at 24 CFR 903.7(o)(1) except for qualified PHAs who submit the Form HUD-50077-CR as a standalone document.

This information collection is authorized by Section 511 of the Quality Housing and Work Responsibility Act, which added a new section 5A to the U.S. Housing Act of 1937, as amended, which introduced the Annual PHA Plan. The Annual PHA Plan provides a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA’s operations, programs, and services, and informs HUD, families served by the PHA, and member s of the public for serving the needs of low- income, very low- income, and extremely low- income families.

Pu
blic reporting burden for this information collection is estimated to average 6.02 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. HUD may not collect this information, and respondent s are not required to complete this form, unless it displays a currently valid OMB Control Number.

Pr
ivacy Act Notice. The United States Department of Housing and Urban Development is authorized to solicit the information requested in this form by virtue of Title 12, U.S. Code, Section 1701 et seq., and regulations promulgated thereunder at Title 12, Code of Federal Regulations. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality Attachment No 3

Page 7 of 24 ends

519 of 587
1 A.1 Location where the public may obtain copies of the Annual PHA Plan:

Main Administrative office of the PHA:

National City Housing Authority
Section 8 Housing Choice Voucher Program
140 E 12th Street, Suite B
National City, CA 91950
Main administrative office of local, county or State government:

City of National City - City Hall
City Clerk Office
1243 National City Boulevard
National City, CA 91950
www.nationalcityca.gov
B.3 Progress Report
Mission and Goals
PHA Goal: Expand the supply of assisted housing
Objective: Increase housing choices for families and individuals. • Progress: The National City Housing Authority continued its leasing process to maximize the number of families being assisted.

PHA Goal: Improve the quality of assisted housing
Objective: Provide replacement vouchers
• Progress: Once a family leaves the program, a replacement family is immediately available.

Maintain safe, decent, sanitary units and improve quality of life for residents living in assisted units.

Attachment No 3

Page 8 of 24 ends

520 of 587
2 • Progress: National City Housing Authority (NCHA) inspects each assisted unit at least once a year to make sure it passes HUD’s Housing Quality Standards and participants are living in a unit that is decent, safe and sanitary. Due to COVID-19 NCHA has followed HUD’s safety guidance on Housing Quality Standard inspections, accepting written self-certifications from the Owner and Tenant.

PHA Goal: Increase assisted housing choices
Objective: Maintain current number of vouchers within funding level. • Progress: Management closely monitors the utilization of vouchers and make sure that there are within the funding level.

PHA Goal: Provide an improved living environment
Objective: Assists the local economy by increasing the occupancy rate and the amount of money flowing in the community.
• Progress: The current occupancy rate is at 97%, thus, maximizing the number of families being assisted which turns into more spending po wer for residents in the community.

PHA Goal: Promote self-sufficiency and asset development of families and individuals
Objective: Increase the number and percentage of employed persons within the assisted units.
• Progress: Continued referrals to the National City Collaborative and other supportive services to increase independence.

PHA Goal: Ensure equal opportunity and affirmatively further fair housing Objective: Promote equal housing opportunities.
• Progress: Fair housing programs and resources are included in all issuance briefings.

PHA Goal: Deter and eliminate program fraud
Objective: Take all steps necessary to prevent to prevent fraud, waste and mismanagement.
• Progress: Continued tenant counseling and providing detailed understanding of the program at briefing, annuals and moves.

Attachment No 3

Page 9 of 24 ends

521 of 587
3 VAWA Attachment
On January 5, 2006, President Bush signed the Violence Against Women Act (VAWA) into law as Public Law 109-162. In response to VAWA, the National City Housing Authority (NCHA) has taken the following steps:
• NCHA partners with the National City Collaborative (NCC) to provide services to i ndividuals and families caught in domestic violence. Thes e services include: 24-hour crisis line, legal support, transitional hous ing program referrals, clinical counseling, support groups, dom estic violence treatment program for people who abuse, youth e ducation and prevention programs, and volunteer training.
• NCHA refers child or adult victims of domestic violence, dating violence, sexual as sault, or stalking to NCC for assistance. • NCHA has revised many of its policies and procedures so as to enable child or adul t victims of domestic violence, dating violence, sexual assault, or stalking to obtain or maintain housing. • NCC provides numerous domestic violence prevention and intervention prog rams and classes. Clients are referred when there is a belief t hat they may be victims of domestic violence, or potential victims.

VAWA Components in the Housing Choice Voucher Administrative Plan VAWA policies are incorporated throughout the Housing Choice Voucher Administrative Plan. Those policies are summarized below:
• NCHA may deny assistance to applicants if any household member is currently engaged in, or has en gaged in violent criminal activity or criminal activity that may threaten t he health, safety, or right to peaceful enjoyment of the premises by other residents or per sons residing in the immediate vicinity during the past five years. However, no applicant who has been a victim of domestic violence, dating violence or st alking will be denied assistance if they are otherwise qualified for the program.
• NCHA may terminate a participant family's assistance if any household member has violated the family's obligation not to engage in any violent criminal activity or criminal activity that may threaten the health, safety or right to peaceful enjoyment of the premises by other residents or persons residing in the immediate vicinity during participation in the HCV Program . However, no Attachment No 3

Page 10 of 24 ends

522 of 587
4 Applicant who has been a victim of domestic violence, dating violence or stalking will have their assistance terminated if they are otherwise qualified for the program. • Any incident or incidents of actual or threatened domestic violence, dating violence or stalking will not be construed as a serious or repeated violation of the lease by the victim or threatened victim of that violence, and shall not be good cause for terminating the assistance, tenancy or occupancy rights of the victim. • NCHA may terminate the assistance of an individual family member to remove a lawful occupant or tenant who engages in criminal acts or threatened acts of violence or stalking to family members or others without terminating the assistance or evicting victimized lawful occupants.
• There is no limitation on the ability of the NCHA to terminate assistance for other good c ause unrelated to the incident or incidents of domestic violence, dating violence or stalking, other than the victim may not be subject to a "more demanding standard" than non-victims.
• NCHA will require certification by the victim of the victim status on such forms as the NCHA and/or HUD shall prescribe or approve.
• When a family on the waiting list breaks up i nto two otherwise eligible families, only one of the new families may retain the original application date. • If the family breaks up into two otherwise eligible families while receiving assistance, only on e of the new families will continue to be assisted.

VIOLENCE AGAINST WOMEN ACT (VAWA) POLICY
I. Purpose and Applicability
The purpose of this policy is to implement the applicable provisions of the violence agai nst women and department of justice reauthorization act of 2005 (pub. L. 109-162) and more generally to set forth the NCHA's policies and procedures regarding domestic violence, dating violence, and stalking, as hereafter defi ned.

The policy is gender-neutral, and its protections are available to males who are victims of domestic violence, dating violence, or stalking as well as female victims of such violence.

II. Goals and Objectives
This policy and the following goals and objectives:

A. Maintaining compliance with all applicable legal requirements imposed by VAWA;
Attachment No 3

Page 11 of 24 ends

523 of 587
5 B. Ensuring the physical safety of victims of actual or threatened domestic violence, dating violence, or stalking who are assisted by NCHA; C. Providing and maintaining housing opportunities for victims of domestic violence , dating violence, or stalking;
D. Creating and maintaining collaborative arrangements between NCHA, law enforcement authorities, victim service providers, and others to promote the safety and well-being of victims of actual and threatened domestic violence, dating violence and stalking, who are assisted by NCHA; and
E. Taking appropriate action in response to an incident or incidents of domestic violence, dating violence, or stalking, affecting individuals assisted by NCHA.

Ill. Other NCHA Policies and Procedures
This Policy shall be referenced in and incorporated in and made a part of NCHA's Admission and Continued Occupancy Policy. To the extent any provision of this policy shall vary or contradict any previously adopted policy or procedure of NCHA, the provisions of this Policy shall prevail.

IV. Definitions
As used in this Policy;
A. Domestic Violence - The term "domestic violence" includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction.

B. Dating Violence - means violence committed by a person - (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and
(B) where the existence of such a relationship shall be determined based on a consideration of the following factors:
(i) the length of the relationship
(ii) the type of relationship
(iii) the frequency of interaction between the
persons involved in the relationship.

C. Stalking - means
Attachment No 3

Page 12 of 24 ends

524 of 587
6 (A) to follow, pur sue, or repeatedly commit acts with the intent to kill, injure, har ass, or intimidate another person; and (ii) to place under surveillance wit h the i ntent to kill, i njure, harass or intimidate another person; an d
(B) In the course of, or as a result of, such following, pursuit, surveillance, or rep eatedly committed acts, to place a person in reasonable fear of d eath of, or serious bodily injury to, or to cause substantial emot ional harm to -
(i) that person;
(ii) a member of the immediate family of that person; or (iii) the spouse or intimate partner of that person;
D. Immediate Family Member - means, with respect to a person - (A) a spouse, parent, brother, sister, or child of that person, or an individual to who m that person stands in loco parentis; or (B) Any other person living in the household of that person and related to that per son by blood or marriage.

E. Perpetrator - means person who commits an act of domestic violence, dating violence or s talking against a victim.

V. ADMISSIONS AND SCREENING
A. Non-Denial of Assistance. NCHA will not deny admission to public housing to any per son because that person is or has been a victim of domestic vi olence, dating violence, or stalking, provided that such person is otherwise q ualified for such admission.

VI. TERMINATION OF TENANCY OR ASSISTANCE
A. VAWA Protections. Under VAWA, public housing residents have the following specifications, wh ich will be observed by NCHA.

1. An incident or incidents of actual or threatened domestic violence, dati ng violence, or stalking will not be considered to be a "serious or r epeated" violation of the lease by the victim or threatened vic tim of that violence and will not be good cause for terminating the t enancy or occupancy rights of or assistance to the victim of t hat violence.

2. In additions to the foregoing, tenancy or assistance will not be terminated by NCHA as a res ult of criminal activity, if that Attachment No 3

Page 13 of 24 ends

525 of 587
7 criminal activity is directly related to domestic violence, dating violence or stalking engaged in by a member of the assisted household, a guest or another person under the tenant's control, and the tenant or an immediate family member is the victim or threatened victim of this criminal activity. However, the protection against termination of tenancy or assistance described in this paragraph is subject to the following limitations:
a. Nothing contained in this paragraph shall limit any
otherwise avai lable authority of NCHA or to terminate
tenancy, evict, or to te rminate assistance, as the case may be, for any v iolation of a lease or program
requirement not pr emised on the act or acts of domestic violence, dati ng violence, or stalking in question against the tenant or a member of the tenant's household.

However, in tak ing any such action, the NCHA may
apply a more dem anding standard to the victim of
domestic violence d ating or stalking than that applied to other tenants.
b. Nothing contained in this paragraph shall be construed to limit the au thority of NCHA to evict or terminate from assistance any t enant or lawful applicant if the NCHA
can demonstrate an a ctual and imminent threat to other tenants or to thos e employed at or providing service to the property, if th e tenant is not evicted or terminated from assistance.

B. Removal of Perpetrator. Further, notwithstanding anything in paragraph Vl. A.2. or Federal, State or local law to the contrary, NCHA, as the case may be, may bifurcate a lease, or remove a household member from a lease, without regard to whether a household member is a signatory to a lease, in order to evict, remove, terminate occupancy rights, or terminate assistance to any individual who is a tenant or lawful occupant and who engages in acts of physical violence against family members or others. Such action against the perpetrator of such physical violence may be taken without evicting, removing, terminating assistance to, or otherwise penalizing the victim of such violence who is also the tenant or a lawful occupant. Such Attachment No 3

Page 14 of 24 ends

526 of 587
8 eviction, removal, termination of occupancy rights, or termination of assistance shall be effected in accordance with the procedures prescribed by law applicable to terminations of tenancy and evictions by HACNC.

VII. VERIFICATION OF DOMESTIC VIOLENCE, DATING VIOLENCE OR

STALKING
A. Requirement for Verification. The law allows, but does not require, NCHA to verify that an incident or incidents of actual or threatened domestic violence, dating violence, or stalking claimed by a tenant or other lawful occupant is bona fide and meets the requirements of the applicable definitions set f orth in this policy. NCHA shall require verification in all cases where an individual claims protection against an action involving such i ndividual pr oposed to be taken by NCHA. Verification of a claimed incident or i nci dents of actual or threatened domestic violence, dating violence or st alking may be accomplished in one of the following three ways:

1. HUD-approved form - by providing the NCHA a written
certification, on a form approved by U.S. Department of Housing and Urban D evelopment (HUD), that the individual is a victim of domestic violence, dat ing violence or stalking that the incident or incidents in qu estion must be described in reasonable detail as required in th e HUD approved form, and the completed certification mus t include the name of the perpetrator.

2. Other documentation - by providing to NCHA documentation signed by an empl oyee, agent, or volunteer of a victim service provider, an at torney, or a medical professional, from whom the victim has soug ht assistance in addressing the domestic violence, dat ing violence or stalking, or the effects of the abuse, described in such documentation. The professional providing the documentation m ust sign and attest under penalty of perjury (28 U.S.C. 1 746) to the professional's belief that the incident or incidents in ques tion are bona fide incidents of abuse meeting the requirements of th e applicable definition(s) set forth in this policy. T he victim of the incident or incidents of domestic violence, dating vi olence or stalking violence or stalking described in the do cumentation must also sign and attest to the documentation under p enalty of perjury.

Attachment No 3

Page 15 of 24 ends

527 of 587
9 3. Police or court record - by providing to NCHA a Federal, State, tribal, t erritorial, or local police or court record describing the incident or i ncidents in question.

8. Time allowed to provide verification/failure to provide. An i ndividual who claims protection ag ainst adverse action based on an incident or incidents of actual or t hreatened domestic violence, dating violence or stalking, and who is requested by NCHA , to provide verification, must provide such verification wit hin 14 business days (i.e., 14 calendar days, excluding Saturdays, Su ndays, and federally-recognized holidays) after receipt of the request f or verification. Failure to provide verification, in proper form within such t ime will result in loss of protection under VAWA and this policy against a proposed adverse action.

C. Waiver of verification requirement. The Executive Director of NCHA may with respect to any s pecific case, waive the above-stated requirements for verification and pr ovide the benefits of this policy based on the victim's statement or oth er corroborating evidence. Such waiver may be granted in the sole discretion of th e Executive Director. Any such waiver must be in writing. Waiver in a particular instance or instances shall not operate as precedent fo r, or create any right to, waiver in any other case of cases, regardless of si milarity in circumstances.

VIII. CONFIDENTIALITY
A. Right of confidentiality. All Information (including the fact that an individual is a victim of do mestic violence, dating violence or stalking) provided to HACNC in connec tion with a verification required under section VII of this policy or provided in lie u of such verification where a waiver of verification is granted, s hall be retained by the receiving party in confidence and shall neither be en tered in any shared database nor provided to any related entity, except w here disclosure is:

1. Requested or consented to by the individual in writing, or

2. Required for use in a public housing eviction proceeding, as permitted in VAW A, or

3. Otherwise required by applicable law
Attachment No 3

Page 16 of 24 ends

528 of 587
B. Notification of rights. All tenants of public housing shall be notified in writing concerning their right to confidentiality and the limits on such rights to confidentiality.

IX. Transfer to New Residence
A. Application for transfer. In situations that involve significant risk of violent harm to an indivi dual as a result of previous incidents or threats of domestic violence, dating violence, or stalking, NCHA will, if an approved unit size is available at a location that may reduce the risk of harm, approve transfer by a public housing to a different unit in order to reduce the level of risk to the individual. A tenant who requests transfer must attest in such application that the requested transfer is necessary to protect the health or safety of the tenant or another member of the household who is or was the victim of domestic violence, dating violence, or stalking and who reasonably believes that the tenant or other household member will be imminently threatened by harm from further violence if the individual remains in the present dwelling unit.

B. Action on Applications. NCHA will act upon such an application promptly.

C. No right to transfer. NCHA will make every effort to accommodate requests for trans fer when suitable alternative vacant units are available and the circumstances war rant such action.

X. COURT ORDERS/FAMILY BREAK-UP
A. Court Orders. It is NCHA's policy to honor orders entered by courts of competent jurisd iction affecting individuals assisted by NCHA and their property. This in cludes cooperating with law enforcement authorities to enforce civil protec tion orders issued for the protection of victims and addressing the dist ribution of personal property among household members in cases wher e a family breaks up.

B. Family Break-Up. Other NCHA policies regarding family break-up are contained in HACNC's Adm inistrative Plan.

XI. NOTIFICATION
NCHA shall provide written notification to applicants, tenants, concerning the rights and oblig ations created under VAWA relating to confidentiality, denial of assistance and, term ination of tenancy or assistance.
10 Attachment No 3

Page 17 of 24 ends

529 of 587
XII. RELATIONSHIP WITH OTHER APPLICABLE LAWS
Neither VAWA nor this Policy implementing it shall preempt or supersede any provision of Federal, State or local law that provides greater protection than that provided under VAWA for victims of domestic violence, dating violence or stalking.

XIII. AMENDMENT
This policy may be amended from time to time by NCHA as approved by the NCHA Board of Commissioners.

DEFINITION OF SUBSTANDARD DEVIATION AND SIGNIFICANT CHANGE OR

MODIFICATION
Substandard deviation;
The following actions would be considered a substantial deviation from the 5-year plan:
• Change to the target population included in the adopted plan. • Decisions to change the process for accepting applications to the Housing Choice Voucher Program.
• Decision to change Priority of Preference Criteria for the Housing Choice Voucher Program.

It will not be considered a substantial deviation from the plan:
• To choose another course of action not specifically spelled out in the plan to meet the establi shed goals.
• To meet goals of the program to assist low-and moderate-income population in a manner not discusse d in the adopted plan.
• To increase or decrease the Payment Standard (PS) (within budget authority) based on, (1) in the case of an increase to the PS, unforeseen increases in rents or inability of tenants to rent units within the program rules or (2) in the case of decreases to the PS, reductions in the budget authority awarded by HUD. • To make modifications to the Administrative Plan which improve the access to the program by applic ants and participants or clarification of new issues in order to provide a consistent implementation of the rules.
11 Attachment No 3

Page 18 of 24 ends

530 of 587
• To incorporate new procedures brought about by new regulations or clarification of regulations by HUD.
• To make changes to parts of the plan, which are found to be inconsistent with regulations.
• To make changes required by statute or regulation that need to take place before a consultative process can take place.
• Changes in the Standard Operating Procedures that do not involve policy decisions.

Significant change or modification:

A significant change or modification is defined as discretionary changes in the plan or policies of the housing authority that fundamental changes the mission, goals, objectives or plans of the agency which require the formal approval of the Board of Commissioners.

Other similar circumstances will be treated as defined above. Those items which are considered a substantial deviation would require Board Approval at a Regular Meeting of the Housing Authority Board of Commissioners and submission to HUD at the next annual submission, where a report will be given of policies changed since the last submission of the Plan. Where feasible on discretionary issues, the Housing Authority will make an effort to consult with the Resident Advisory Committee prior to bringing the issue to the Board.

SMALL AREA FAIR MARKET RENT (SAFMR)
The Small Area Fair Market Rent (SAFMR) Final Rule was published on November 16, 2016 and became effective on January 17, 2017. Under the final rule, the use of Small Area FMRs is required in the administration of the HCV program for certain metropolitan areas including San Diego-Carlsbad, CA MSA, beginning on October 1, 2017.

Although HUD had suspended the implementation of the SAFMR, it was reinstated effective January 1, 2018. The purpose of this rule is to establish a more effective means for HCV tenants to move into areas of higher opportunity and lower poverty by providing the tenants with a subsidy adequate to make such areas accessible and, consequently, help reduce the number of voucher families that reside in areas of higher poverty concentration.

FY2022 SAFMR’s By Unit Bedrooms
Efficiency One-Bedroom Two-Bedroom Three-Bedroom Four-Bedroom $1,190 $1,390 $1,690 $2,350 $2,870
FY2022 Payment Standard
Efficiency One-Bedroom Two-Bedroom Three-Bedroom Four-Bedroom $1,428 $1,584 $2028 $2,820 $3,444
12 Attachment No 3

Page 19 of 24 ends

531 of 587
Cl
Attachment No 3
Certification by State or Local
Official of PHA Plans Consistency
with the Consolidated Plan or
State Consolidated Plan
(AllPHAs)
U. S Oepartment of Housing and Urban Development
Office of Public and Indian Housing
0MB No. 2577-0226
Expires 3/31/2024
Certification by State or Local Official of PHA Plans
ConMstency with the Consolidated Plan or State Consolidated Plan Carlos Aguirre j the Housing DirectorI,
OfficiaVs Name Official’s Title
certify that the 5-Year PHA Plan for fiscal years
Plan for fiscal year 2022-2023
with the
2021-2025 and/or Annual PHA
of the National City Housing Authority is consistent
National City Housing Authority
PHA Name
Consolidated Plan or State Consolidated Plan including the Analysis of Impediments (AI) to Fair Housing Choice or Assessment of Fair Housing (AFH) as applicable to the City of National City
Local Jurisdiction Name
pursuant to 24 CFR Part 91 and 24 CFR §§ 903.7(o)(3) and 903.15.

Provide a description of how the PHA Plan’s contents are consistent with the Consolidated Plan or State Consolidated Plan.

The goals of the PHA Plan are aimed at meeting the priority housing needs outlined in the Consolidated Plan by expanding Housing Choice Voucher utilization to Increase availability of affordable housing to farnilies earning less than 50% AMI.

Its goal is also to increase availability of service-enriched housing.

I hereby ccitiiy timt aJI the infonnation slated Iiereiii, as welt as any information provided in Um> accoropanimfiiit herewilh, is tnie and accurate. Warning; HUD will prosecute filse claims and statements. Conviction may result In criminal and/or civil penalties. (18 U.S.C. lOOl, 1010,1012; 31 U.S.C. 3729,3802) Title:Name of Authorized Offitial:

Carlos Aguirre Housing Director
3//ie|z.02Z. sDate:

The UnltetistaBl!> Dupuil!iiu.ltfbf IftnjglngandjA'ban Development is authorized to solicit the Information requested In this form by virtue of Title 12, U.S.

Code, Section 1701 etseq., and regut^ons pr^ulgated thereunder at Tide 12, Code of Federal Regulations. Responses to the collection of Informadon required to obtain a benefit or to retain a benefit The Information requested does not lend Itself to conRdentldlty. This Infonnation Is collected to ensure consistency wldi dtc consolidated plan or state consolidated plan.

Public reporting burden for this Information collection Is estimated to average 0.16 hours per year per response, Including tlie time for reviewing Instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of Information. HUD may not collect this Information, and respondents are not required to complete this form, unless It displays a currently valid 0MB Control Number. are
form HUD-5C077-SL (3/31/2024)Page 1 of1

Page 20 of 24 ends

532 of 587
Attachment No 3

Page 21 of 24 ends

533 of 587
Attachment No 3

Page 22 of 24 ends

534 of 587
Attachment No 3

Page 23 of 24 ends

535 of 587
Attachment No 3

Page 24 of 24 ends

536 of 587

RESOLUTION NO. 2022 -

RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION–HOUSING

AUTHORITY OF THE CITY OF NATIONAL CITY, CALIFORNIA , APPROVING THE

STREAMLINED ANNUAL PUBLIC HOUSING AGENCY PLAN FOR THE HOUSING CHOICE VOUCHER PROGRAM FOR THE FISCAL YEAR 2022 -2023 AND AUTHORIZING THE SUBMITTAL OF THE PLAN TO THE U.S. DEPARTMENT OF

HOUSING AND URBAN DEVELOPMENT

WHEREAS, on October 21, 1998, the U.S. Congress enacted Public Law 105- 276, known as the Quality Housing and Work Responsibility Act (“QHWRA”) requiring housing authorities to adopt and amend an Administrative Plan and submit a Public Housing Agency (“PHA”) Annual Plan; and

WHEREAS, the Streamlined Public Housing Agency Annual Plan provides details about the Community Development Commission –Housing Authority of National City ’s immediate operations, program participants, programs, and services and also identifies the Community Development Commission –Housing Autho rity’s strategy for handling operational concerns, resident concerns, and needs, programs, and services; and

WHEREAS, the U.S. Department of Housing and Urban Development (“HUD”) requires a Public Hearing to receive public input; and

WHEREAS, on April 5, 2022, a Public Hearing was held for review and recommendation by the public of the proposed Streamlined Annual Public Housing Agency Plan for the Fiscal Year 2022-2023; and

WHEREAS, the Resident Advisory Board, composed of all Section 8 Housing Choice Voucher participants, was given an opportunity to review and comment on the proposed plan. No recommendations or comments were received regarding the proposed plan.

NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION-

HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1. Approves the Annual Public Housing Agency Plan (“PHA”) for Fiscal Year 2022-2023.

Section 2. Approves submitting the Streamlined PHA Plan for Fiscal Year 2022- 2023 by the Executive Director to the U.S. Department of Housing and Urban Development (“HUD”).

Section 3. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

537 of 587

Resolution No. 2022 –
Page Two

PASSED and ADOPTED this 5th day of April 2022.

_____________________________
Alejandra Sotelo-Solis, Chairwoman

ATTEST:

_______________________________
Luz Molina, Secretary

APPROVED AS TO FORM:

________________________________
Charles E. Bell Jr., General Counsel

538 of 587

The following page(s) contain the backup material for Agenda Item: Discussion of Public Meeting Protocols. (City Clerk)
Please scroll down to view the backup material.
539 of 587

CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT
MEETING DATE: April 5, 2022 AGENDA ITEM NO.

ITEM TITLE:

Discussion of Public Meeting Protocols (City Clerk).

PREPARED BY: Shelley Chapel, Deputy City Clerk DEPARTMENT: City Clerk’s Office PHONE: 619-336-4228 APPROVED BY: Shelley Chapel
EXPLANATION:

On March 1, 2022, the City Council voted 3- 2 to continue Public Meetings including City Council and all Boards, Commissions & Committees (BCCs) in the virtual format until the City Council returns from the Summer hiatus in August. Currently the City Council has made findings to remain virtual as allowed under AB 361 which authorizes a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Brown Act.

Thi
s report outlines public meeting formats for City Council and Board, Commission and Committee meetings, and possible return to in-person meetings in August. City Council can choose to return to in person meetings under the Brown Act or to remain virtual on Zoom contingent upon continued findings of the impacts of the pandemic under AB 361.

FINANCIAL STATEMENT: APPROVED: Finance
ACCOUNT NO. APPROVED: MIS
This report does not reflect any financial changes to the budget at this time.

ENVIRONMENTAL REVIEW:

This action is not subject to review under the California Environmental Quality Act (CEQA) ORDINANCE: INTRODUCTION: FINAL ADOPTION:

STAFF RECOMMENDATION:

Staff recommends a return to in-person for all City Council Meetings and Board and Commission meetings based upon the current COVID guidance from the State and local health authorities.

BOARD / COMMISSION RECOMMENDATION:

None.

ATTACHMENTS:

Attachment 1 – Explanation
Attachment 2 – Summary of Public Comment 2019-Current
540 of 587
Protocols Pertaining to City Council Meetings and City Council Appointed Boards, Commissions and Committees (BCCs)
Background:

In accordance with the Ralph M. Brown Act (Brown Act) the City Council and Boards, Commissions, and Committees (BCCs) conduct their business in a public forum on behalf of the community it represents. The Brown Act requires local government agencies to conduct its business at noticed public meetings with limited expectations. The Act includes numerous procedures specific to location, attendance, agenda and public notifications.

P
rior to the COVID-19 pandemic, City Council meetings were noticed on the City website and Bulletin Boards, formally conducted in the Council Chamber located in City Hall, the City Council were present on the dais, City staff and consultants would present reports at the podium, public comment was accepted by those in the audience who submitted a speakers slip, written comment submitted prior to the meeting would be distributed to the Councilmembers, and the meeting was available via livestream and a video recording retained for historical record, and all available on the City website.

O
n March 12, 2020, as part of the state’s initial response to the coronavirus pandemic, Governor Newsom issued Executive Order N -25-20, which authorized local legislative bodies to hold public meetings via teleconference and waived some of the legal requirements for teleconference meetings under the Brown Act. Subsequently, the State adopted Assembly Bill 361 (AB 361) which temporarily allowed the City Council, staff and Boards, Commissions, and Committees to shift to a 100% virtual environment for public meetings under certain circumstances.

O
ur City Council and Boards and Commissions have remained in the virtual environment for two years as of March 2021. Under AB 361, every 30 days the City Council must adopt findings that that the City Council has reconsidered the circumstances of the state of emergency and that the public health emergency continues to impact the ability to “meet safely in person,” or that state or local officials continue to recommend measures regarding the pandemic. The statewide indoor mask mandate established by the California Department of Public Health expired on February 15, 2022, with the exceptions of public transit, health care and long term care settings, correctional and detention centers and homeless and em ergency shelters. AB 361 will expire on October 1, 2021 or when Governor Newsom rescinds the Statewide State of Emergency declaration.

A
t the City Council Meeting on March 1, 2022, the City Council voted 3-2 to remain in the virtual teleconference meeting format until August 2022, as allowed by AB 361.

Page 1 of 9 ends

ATTACHMENT 1
541 of 587
City Council Meeting Options:

As of March 22, 2022, only three other San Diego County area cities remain virtual: Del Mar, San Diego, and Solana Beach. All other cities have returned to in person proceedings, or remained in person for the duration of the pandemic.

C
ity Council can choose to return to in person meetings under the Brown Act or to remain virtual on Zoom contingent upon continued findings of the impacts of the pandemic under AB 361. There is no “hybrid” option regarding virtual participation by City Councilmembers under the Brown Act.

I
f the City Council chooses to return to in person meetings, teleconferencing can only be used under very specific conditions for City Council members under the Brown Act which are outlined below.

Te
leconferencing for City Council Members under the Brown Act:

The Brown Act allows City Council to use teleconferencing in connection with a public meeting, but only under certain circumstances and under the following strict guidelines:

1. A
t least a quorum of the public body must participate from locations within the local agency’s jurisdiction. (e.g. At least a quorum is present within the City’s boundaries at the City Council meeting, conducting the City’s business.)

2. A
ll remote locations from which a member of the body is participating must be made available for the public. (e.g. The requirement identifying locations of teleconferencing on the public notice and agenda which is posted 24 – 72 hours in advance of a meeting.)

3. E
ach remote location must be specifically identified in the notice and agenda of the meeting, including the full address. Each location is specifically identified for transparency, by providing the street address, any suite or office number for public attendance. If this includes a locked building, the member must provide public access. If the building is a secure building with restrictions , then the teleconference cannot occur at that location. The same would apply for a restricted hospital room or other similarly compromised situation.

4. T
he agenda must be posted at each remote location. Agendas must be posted specific to posting guidelines (72 hours prior to meeting), both outside of the main facility/building and outside of the conference room, hotel room or particular office door, they are to remain visible prior to and during the meeting.

5. E
ach remote location, including a hotel room or residence, must be accessible to the public and have technology, such as a speakerphone, to enable the public to participate in public comment.

Page 2 of 9 ends

542 of 587

6. The agenda must provide the opportunity for the public to address the legislative body directly at each teleconference location.

7. A
ll votes must be by roll call.

Un
less future state legislation is adopted to change the Brown Act, these requirements would be in place when returning to in- person meetings. The prior flexibility afforded by AB 361 due to the COVID pandemic would no longer apply.

V
iolations of the Brown Act carry civil and/or criminal penalties, depending upon the type of violation and the intent. Failure to meet any of the above standards can also jeopardize any decision that the legislative body may have approved during those proceedings.

S
tate Legislation: I n the 2021 State Legislative session, AB 703 (Rubio, Blanca) would have modified the teleconferencing provisions of the Brown Act to remove the notice requirements particular to teleconferencing; however, it did not pass. AB 339 (Lee), which would have required (instead of allowing ) city councils and boards of supervisors in jurisdictions with populations over 250,000 to provide both in-person and teleconference options for the public to participate in meetings also failed during the last legislative session.

A s
imilar bill, A B 1944 (Lee), has been introduced in the current legislative session modifying teleconferencing provisions of the Brown Act; however, it is still in the House Local Government Committee.

P
ublic Participation: It is important to note that many organizations have both benefitted and struggled with the remote model. A comparison of the numbers of written and verbal public comment here in National City are attached including pre-pandemic, mid-pandemic (prior to introduction of live online public comment), and present virtual meetings . In summary, while verbal comment has decreased in comparison to pre-COVID, the number of written comments have increased significantly.

If
the City Council chooses to return to in- person City Council meetings, staff could continue to offer online public verbal comment via audio only on a trial basis.

I
n addition, public seating in the City Council Chambers would be limited to 50% of prior capacity with overflow seating available in the adjacent lobby. Plexiglass has been installed on the dais and behind staff tables as well.

L
imitations of Virtual Meetings : W hile virtual meetings have allowed for safe proceedings during the pandemic and have provided flexibility and convenience, they also have their limitations. There have been numerous instances of trouble with the technology, both on the user side and the City’s side at times creating a delay in the meetings. For instance, the participant may miss parts of the meeting (from being kicked

Page 3 of 9 ends

543 of 587
out by a weak internet connection or from freezes), the person’s movements may appear inconsistent to other attendees, or the participant may lose either the video or the sound.

I
n addition to technology issues, face-to-face communication has su ffered during the pandemic. Personal contact is important and the use of emotions, tone, body language and facial expression are all a part of effective communications. A virtual meeting does not reliably give participants the opportunity to truly convey themselves, and may also limit the depth of understanding from others at the meeting.

City Board, Commission and Committee Meetings:

Board, Commission and Committee meetings have also been virtual since the beginning of the pandemic, utilizing Zoom to create meetings similar to the City Council. If the City Council chooses to return to in person public meetings, Boards , Commissions, and Committee meetings must return to in person at the same time as City Council due to the requirements of AB 361 which require the findings to align for all public meetings.

B
oard, Commission, and Committee members cannot utilize teleconferencing due to the onerous regulations of the Brown Act and the City’s legal responsibility to ensure all 52 members meet those requirements. We also do not want to place our volunteers in jeopardy of being in violation inadvertently and subject themselves to any associated criminal and/or civil penalties and jeopardizing the validity of the proceedings.

I
f the City Council chooses to return to in person public meeting, Boards , Commissions, and Committees would also revert to their pre- COVID protocols with meetings taking place in the City Hall large conference room, with the exception of the Library Board of Trustees that would return to meeting at the Library and the Planning Commission and Community and Police Relations Commission will meet in the City Council Chambers.

P
ublic Comment would also return to pre- COVID protocols, and would be accepted in- person and written via email. Written Public Comment would no longer be read into the record, but would be provided to the Board , Commission or Committee prior to the meeting if received by deadline. All written public comment is available on the City website following the meeting, posted within 48 hours of conclusion of meeting.

I
f City Council would like, audio only verbal comments could also be offered virtually for the public on a trial basis for the Planning Commission and the Community and Police Relations Commission since they both meet in the City Council Chambers . The remaining Boards and Commissions would return to pre- COVID protocols as mentioned above with in-person and written public comment only.

A
number of Boards , Commissions and Committees have also struggled to maintain a quorum using virtual meetings due to challenges with the technology. Staff believes a return to in person meetings will help increase quorum and participation by Board , Commission, and Committee members, and help build comradery between members who may have never yet met each other in person due to the pandemic.

Page 4 of 9 ends

544 of 587
Staff Recommendation:

Staff recommends a return to in-person all City Council Meetings and Board, Commission, and Committee meetings based upon the current COVID guidance from the State and local health authorities.

A
ll City Council Members and staff would return to attending City Council Meetings in- person. City Council M embers should teleconference only when they are in full compliance with the Brown Act as outlined above with a t least a quorum of the City Council present within the City’s boundaries at the City Council meeting . No teleconferencing option would be available to City Council M embers for closed session as it is not feasible to ensure confidentiality of those proceedings as outlined in City Council Policy No. 113. Teleconferencing is not an option to Board, Commission, and Committee members due to the Brown Act requirements.

P
ublic comment for City Council meetings would return to pre- COVID protocols as outlined in City Council Policy 104 – Rules and Procedures for City Council Meetings , and would be accepted in-person and written via email.

W
ritten Public Comment would no longer be read into the record, but would be provided to the City Council prior to the meeting if received by deadline. All written public comment is available on the City website following the meeting and posted within 48 hours of conclusion of meeting. This would also apply to Boards, Commissions, and Committees.

I
f City Council would like, audio only verbal comments could also be offered virtually for the public on a trial basis for City Council meetings and/or the Planning Commission and Community & Police Relations Commission as they also meet in the City Council Chambers. The remaining Boards and Commissions would return to pre- COVID protocols as mentioned above with in-person and written public comment only.

I
f necessary in the future, City Council can choose to revert to virtual meetings as authorized under AB 361 based upon any future modifications of State and/or County COVID related health mandates and guidance.

Page 5 of 9 ends

545 of 587
SUMMARY OF PUBLIC COMMENT 2019-CURRENT
In‐Person Meeting Date Written /Verbal
Comments
Webcast Views
2019 ‐ In‐Person Meetings
January 29, 2019 - City Council Vacancy 22 129
February 5, 2019 - City Council Vacancy 41 48
February 12, 2019 Special Mtg. - City Council Appointment 34 27 February 19, 2019 8 21
March 5, 2019 3 17
March 19, 2019 8 19
April 2, 2019 9 12
April 16, 2019 2 33
April 24, 2019 6 13
May 7, 2019 3 30
May 21, 2019 - Retail Sales of Cats/Dogs 23 55
June 4, 2019 8 23
June 18, 2019 12 25
August 6, 2019 15 15
August 20, 2019 - Retail Sales of Cats/Dogs 22 33
September 3, 2019 - Retail Sales of Cats/Dogs 38 23
September 17, 2019 - Cannabis 10 47
October 1, 2019 8 24
October 15, 2019 - MEHKOs 21 20
November 5, 2019 3 29
November 5, 2019 4 29
November 19, 2019 - Referendum - Retail Sales Cats/Dogs 25 35 December 3, 2019 11 24
December 17, 2019 4 23
TOTALS 338 754

Page 6 of 9 ends

ATTACHMENT 2
546 of 587

SUMMARY OF PUBLIC COMMENT 2019-CURRENT
Virtual Meeting Date Written
Comment
Verbal
Comment
Zoom Viewers
via website
2020 ‐ Zoom Option for Verbal Comment was Not Available March 17, 2020 0 n/a 36
April 7, 2020 - Evictions Moratorium - COVID 46 n/a 102 April 21, 2020 - Election Results and COVID Related 25 n/a 65 April 28, 2020 - Budget Presentation 31 n/a 68
May 5, 2020 6 n/a 43
May 19, 2020 4 n/a 41
June 2, ,2020 1 n/a 48
June 16, 2020 - Councilmember Social Media Post 32 n/a 109 August 4, 2020 - Censure Morrison 326 n/a 104
August 18, 2020 8 n/a 66
September 1, 2020 6 n/a 15
September 15, 2020 6 n/a 12
October 6, 2020 7 n/a 25
October 20, 2020 20 n/a 32
November 17, 2020 4 n/a 14
December 1, 2020 - Port Commissioner Appointment 15 n/a 64 December 15, 2020 6 n/a 58
TOTALS 543 1 902

Page 7 of 9 ends

547 of 587

SUMMARY OF PUBLIC COMMENT 2019-CURRENT

Virtual Meeting Date Written
Comment
Verbal
Comment
Zoom Viewers
via website
January 26, 2021 11 0 6
February 2, 2021 5 0 24
February 16, 2021 5 0 26
March 2, 2021 9 15 47
March 16, 2021 4 10 44
April 6, 2021 - Cannabis 22 24 72
April 20, 2021 3 8 36
May 4, 2021 3 5 32
May 18, 2021 Regular Mtg. 2 4 18
May 18, 2021 Budget Workshop 3 0 2
June 1, 2021 - MAC Project/TODO/Flags 13 15 31
June 15, 2021 - Display of Flags 6 9 32
July 13, 2021 2 0 3
August 3, 2021 5 3 41
August 17, 2021 3 0 32
September 7, 2021 3 9 31
September 21, 2021 - Climate Action Plan/Mayoral Appoint 8 28 15 October 5, 2021 2 3 13
October 19, 2021 - 5 pm meeting 3 1 4
October 19, 2021 - 6 pm meeting - Dolores Huerta Park 30 17 40 November 2, 2021 - Cannabis Workshop 4 12 30
November 9, 2021 Special - Cannabis 3 6 44
November 16, 2021 - MEA 8 19 28
November 22, 2021 Special 0 0 0
December 7, 2021 - Regular Mtg. - MEA 53 33 75
December 7, 2021 Special 2 2 31
December 9, 2021 0 0 3
TOTALS 223 223 797

Page 8 of 9 ends

548 of 587

SUMMARY OF PUBLIC COMMENT 2019-CURRENT

2022 ‐ Zoom Verbal Comments Available Zoom Viewers via
website
February 1, 2022 7 7 22
February 3, 2022 - Districting 3 2 6
February 5, 2022 - Districting 1 4 5
February 15, 2022 3 8 17
February 22, 2022 - Districting 19 10 0
March 1, 2022 6 6 25
March 5, 2022 - Districting 24 13 0
March 15, 2022 - Districting 26 11 3
March 15, 2022 5 9 29
March 21, 2022 -Districting 6 0 5
TOTALS 100 70 112

Page 9 of 9 ends

549 of 587

The following page(s) contain the backup material for Agenda Item: Discussion Item: City Council Policy Nos. 104 and 113 regarding City Council Meeting Decorum. (City Clerk) Please scroll down to view the backup material.
550 of 587

CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT

None.

ITEM TITLE:

PREPARED BY: DEPARTMENT:

PHONE:

EXPLANATION:

APPROVED BY:

AGENDA ITEM NO. MEETING DATE:

ENVIRONMENTAL REVIEW:

This action is not subject to review under the California Environmental Quality Act (CEQA)

FINANCIAL STATEMENT: APPROVED: Finance
ORDINANCE: INTRODUCTION:

ACCOUNT NO.

STAFF RECOMMENDATION:

BOARD / COMMISSION RECOMMENDATION:

RECOMMENDATION:

ATTACHMENTS:
_ Shelley Chapel
__________________
________________

April 5, 2022

Discussion Item: City Council Policy Nos. 104 and 113 regarding City Council Meeting Decorum (City Clerk)

City Clerk
At the March 15, 2022 City Council Meeting, Councilmember Rios submitted a City Council Policy #105 request to agendize this item to a future agenda for discussion. As per request attached are City Council Policy Nos. 104 and 113 for discussion.

City Council Policy No. 104 – Rules of Procedure and Order for City Council Meetings City Council Policy No. 113 – Unauthorized Disclosure of Information Revealed in Closed Session

Shelley Chapel, MMC, Deputy City Clerk
A – City Council Policy No. 105 Request dated March 15, 2022 B – City Council Policy No. 104
C – City Council Policy No. 113
FINAL ADOPTION:

APPROVED: ________________ MIS

Discuss policies and provide direction to staff for any changes.

(619) 336-4225

551 of 587

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

TITLE: Request by Member of CityCounciltoPlacean Itemon POLICY # 106 a CityCouncil Agenda

ADOPTED: March 12, 1985 AMENDED: October 5,2021

CITY COUNCIL ITEM REQUEST
The CityCouncilItemRequest Form isformembers oftheCityCouncilto submitwrittenrequeststothe CityManager’s Office forInclusion0tan itemon a futureCityCouncilMeeting Agenda. At the meeting where the initialwrittenrequest lsheard. discussionshould be limitedto whether the item should be added to an agenda and a date, not the meritof the item‘ A majorityvote ofthe CityCouncil isrequiredforthe item tobe added to a futureCityCouncil Meeting Agenda toraction.

RequestingMemberofCityCouncil:Mona Rios
Today's Date: MarCh 8' 2022
Isthismatter considered Time-Sensitiveby another entitydeadline? Yes

WRITTEN REQUEST
I,Mona Rios ,herebyrequestthatthefollowingitembe placedon theCityof NationalCity~ CityCouncll meeting agenda forconsideration.

ATTACHMENT A

Page 1 of 34 ends

552 of 587
AMENDED: October 5, 2021
ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings Rules of Procedure and Order for
City Council Meetings
Adopted: December 13, 1983
Last Amended: October 5, 2021

ATTACHMENT B

Page 2 of 34 ends

553 of 587
AMENDED: October 5, 2021

ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings I. PURPOSE 1
II. RESPONSIBILITIES 1
A. Responsibilities of Presiding Officer / Mayor 1
B. Responsibilities of Vice-Mayor 1
C. Responsibilities of City Council 2
D. Responsibilities of City Clerk 2
E. Responsibilities of City Manager 3
F. Responsibilities of City Attorney 3
III. MEETINGS 3
A. Regular Meeting 3
B. Adjourned Meeting 3
C. Special Meeting 3
D. Emergency Meeting 3
E. Recessed Meeting 3
F. Closed Session Meeting 4
G. Quorum 4
H. City Council Recess Periods 4
I. Cancellation of Meetings 4
J. Location of Meetings 5
K. Holidays or Elections 5
L. Adjournment 5
M. Taping or Broadcasting 5
N. Teleconferencing 5
O. Agenda Exception 5
P. Comfort Breaks 6
Q. Use of Personal Electronic Devices 6
R. Translation Services 6
S. Compliance with Brown Act 6
IV. REMOTE ACCESS TO MEETINGS 6
A. Internet Broadcast 6
B. E-Notification 6
V. PUBLIC ASSISTANCE & ACCOMMODATIONS 6
VI. PUBLIC MEETING COMMUNICATION 7
A. Communications between City Councilmembers 7
B. Email Communications between Councilmembers 7
C. Communication with Persons Addressing the City Council 7 VII. AGENDA SEQUENCE AND ORDER OF BUSINESS 10
VIII. AGENDA PROCESS 12

Page 3 of 34 ends
← All documents from this meeting