Agenda packet — National City City Council, May 3, 2022 (part 2 of 2)

Public Hearing No. 2 of 2 and adoption of a Resolution of the C ity Council of the City of National City adopting the U.S Department of Housing and Urban Development (HUD) 2022-2023 Annual Action Plan and the allocation of 2022-2023 HUD entitlement grant funds and program income to Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Program activities proposed for 2022-2023 Annual Action Plan.

OVERVIEW | The U.S. Department of Housing and Urban Development (HUD) pro vides annual grants on a formula basis to entitlement cities and counties, including the City of National City for its Community Planning and Development Programs (CPD). The City of National City (City) receives Community Development Block Grant (CDBG) and HOME Inve stment Partnerships (HOME) Program funds on an annual basis. The primary statutory objectives of the CDBG Program are to develop viable urban communities by providing de cent housing, a suitable living environment, and expanding economic opportunities, principally for low and moderate-income persons. The HOME Program intends to expand the supply of decen t, safe, sanitary, and affordable housing.

The 2020-2024 Consolidated Plan is the framework for the HUD CD BG and HOME entitlement programs. The Consolidated Plan outlines the City's housing and non-housing community development needs and priorities over five years. The annual ac tion plan outlines how those needs and priorities will be addressed through CDBG and HOME funds.

ESTIMATED FUNDING | The enititlement amounts shown in the Action Plan funding (Attachment No. 3) estimated entitlement awards for CDBG and HOME. HUD has not released funding allocations for program year 2022- 2023. Staff has proposed program funding recommendations for consideration by City Council. Funding commitments to any a ctivity will depend on the ability to fund the activity with the actual award made to the City by HUD.

When HUD releases the final CDBG entitlement award, if addition al funding is received it will be applied to the recommended CDBG Activity Set-Aside. If there is a decrease in the CDBG entitlement award, the CDBG Set-Aside and activities listed under Program Administration will be decreased proportionately. Likewise, if the HOME entitlement aw ard is increased or decreased, each HOME activity will increase or decrease proportionally.

The City Manager will review and accept the final funding commi tments as directed by the City Council.

PUBLIC NOTICING | Public participation is an essential part of the development o f the Annual Action Plan. All noticing for this process which sets forth the City’s policies and procedures for citizen participation, is described in the Citizen and Community Participation Plan per City Council Resolution 2020-84 and can be found at www.nationalcityca.gov/cdg-home.

ANNUAL ACTION PLAN | Hard copies of the proposed plan are available through the City Clerk's office (1243 National City Blvd.) or by calling the CDBG and HOME Program Administer Angelita Palma at 619-336-4219. The document is also available to the pu blic at the City of National City website on the CDBG and HOME web page at www.nationalcityca.gov/cdbg-home. 259 of 373
Attachment No. 1
City of National City
May 3, 2022
Staff Report Explanation

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PUBLIC HEARINGS | Project and Program funding recommendations for the CDBG and HOME entitlement grant funds and program income were presented at th e first public hearing held on March 15, 2022. A second Public Hearing will be conducted on Ma y 3, 2022, to review public comments received during a 30-day public review period (March 18 through April 18, 2022) of the draft 2022-2023 Annual Action Plan; and to provide interested p ersons and community groups with one last opportunity to share their thoughts regarding the Plan and the CDBG and HOME Program activities being proposed. After all public comments have been considered at the Public Hearing on May 3, 2022, the City Council may adopt the 2022-202 3 Action Plan and proposed CDBG and HOME Program and activities for submission to HUD before May 13, 2022.

The adveristement for the public hearing was made in English, Spanish, and Tagalog.

HUD REVIEW: Upon receipt of the 2022-2023 Action Plan, HUD has 45 days to review and accept the Action Plan. HUD typically notices the City that the Actio n Plan is accepted by mid to late July.
260 of 373
Attachment No. 1
City of National City
May 3, 2022
Staff Report Explanation

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CDBG & HOME Programs
Annual Action Plan Timeline
Date Action
Tuesday,
November 16, 2021
CDBG/HOME Notice of funding availability and grant funding applications available
Monday,
December 6, 2021
Application submission deadline for CDBG and HOME FY 2022 funing is due at 6:00 P.M.

January - April Drafting of the 2022-2023 Action Plan
February Application Review Period
March 4, 2022 to
March 14, 2022
10-day Notice of Public Review Period and Notice of Public Hearing for the Draft 2022-2023 Action Plan
Tuesday,
March 15, 2022
Public Hearing No.1 on the 2022-2023 Action Plan and application funding recommendation to the City Council
March 18, 2022 to
April 18, 2022
30-day Notice Public Review period and Notice of Public Hearing for the Draft 2022-2023 Action Plan
Tuesday, May 3,
2022
Virtual Public Hearing No. 2 (Final) to Approve the Draft 2022-2023 Action Plan
Monday,
May 16, 2022 Submission of the 2022-2023 Annual Action Plan to HUD May Application Award Notification
June - July Begin contract negotiations with selected CDBG and HOME subrecipients and initiate enviornmental reviews.

Friday, July 1, 2022 Beginning of Program Year
NOTES
All dates listed herein are tentative and are subject to change. Therefore, persons relying on this Schedule must contact the CDBG and HOME Program Administer at 619-336-4219 to confirm the actual date of each event listed above as the timeframe nears. 261 of 373

PUBLIC NOTICE

CITY OF NATIONAL CITY

30 DAY PUBLIC REVIEW PERIOD AND FINAL PUBLIC HEARING
FOR THE DRAFT 2022-2023 ANNUAL ACTION PLAN

Notice is hereby given by the City of National City that the draft Annual Action Plan for program year 2022-2023 has been prepared. The Annual Action Plan outlines how the City plans to spend an estimated $744,200 in Community Development Block Grant (CDBG) funds and $470,687 in HOME Investment Partnerships (HOME) Program funds on activities that address the communi ty development and housing needs of the City. In accordance with the federal regulations at 24 CFR, Part 91, the City of National City is required to prepare and submit an Annual Action Plan for its Housing and Community Development Programs to the U.S. Department of Housing and Urban Development (HUD).

In order to obtain the views of residents, public agencies, and other interested parties, the City of National City has the draft Annual Action Plan goals and activities for program year 2022-2023 online www.nationalcityca.gov/cdbg-home

beginning March 18, 2022. A hardcopy of the plan will also be available through the Office of the City Clerk located at City Hall (1243 National City Blvd., National City, CA 91950) during normal hours of operation. The information will be available for public review for 30 days. Public comment on the draft 202 2-2023 Annual Action Plan can be directed by mail to the City of National City Housing Authority at 1243 National City Blvd., National City, CA 91950, by email to [email protected], or by phone at 619-336-4254.

A second and final Public Hearing will be conducted at the regularly scheduled City Council meeting on May 3, 2022, to review public comments received during a 30- day public review period (March 18 through April 18, 2021) on the draft 2022-2023 Annual Action Plan. This public hearing will also provide interested persons and community groups with one last opportunity to share their thoughts regarding the Plan and the CDBG and HOME Program activities being proposed. After all public comments have been considered at the Public Hearing on May 3, 2022, the City Council will adopt the 2022-2023 Action Plan and proposed CDBG and HOME Program funding recommendations. The Action Plan will then be submitted to HUD for review and acceptance.

Public participation is an essential part of the development of the Annual Action Plan. Interested persons and community groups are invited to watch and participate in the hearing, held online at www.nationalcityca.gov/webcast .

Public comment may be submitted prior to the meeting in writing by email at [email protected] ;
please provide the agenda item number or title of the item in the subject line of the email. Public comments or testimony are limited to three (3) minutes. All email comments received by 1:00 p.m. on the day of the meeting will be made a part of the official record. To provide live public comment during the meeting, you must pre -register on th e City's website at https://www.nationalcityca.gov/publiccomment by 1:00 p.m. on the day of the regular meeting to join the City Council Meeting. For more information regarding this process, please contact the City Clerk’s Office at (619) 336- 7328 or email at [email protected]. Hearing-impaired persons, please use the CAL Relay Service Number 711.

Asistencia en Español: Para que le interpreten la información en español, llame al (619) 336-4391.

Carlos Aguirre, Housing Authority Director
City of National City
March 19, 2022

Attachment No. 2

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AMPUBLIKONG PAUNAWA

LUNGSOD NG NATIONAL CITY
30 ARAW NA PANAHON NG PAMPUBLIKONG PAGSUSURI AT HULING PAMPUBLIKONG

PAGDINIG
PARA SA DRAFT 2022-2023 NA TAUNANG PLANO NG PAGKILOS
Narito ang paunawa na ibinigay ng Lungsod ng National City na naihanda na ang draft na Taunang Planong Pagkilos para sa taon ng programa na 2022- 2023. Binabalangkas ng Taunang Plano ng Pagkilos kung paano pinaplano ng Lungsod na gumastos ng tinatayang $744,200 sa mga pondo ng Community Development Block Grant (CDBG) at ng $470,687 sa mga pondo ng Programang HOME Investment Partnerships (HOME) para sa mga gawaing tumutugon sa mga pangangailangan ng Lungsod sa pagpapaunlad ng komunidad at pabahay. Alinsunod sa mga pederal na regulasyon sa 24 CFR, Part 91, iniaatas sa Lungsod ng National City na maghanda at magsumite ng Taunang Plano ng Pagkilos para sa mga Programa nito sa Pabahay at Pagpapaunlad ng Komunidad sa U.S. Department of Housing and Urban Development (HUD).

U
pang matingnan ng mga residente, pampublikong ahensya, at iba pang interesadong panig, inilagay ng Lungsod ng National City ang mga layunin at gawain ng draft na Taunang Plano ng Pagkilos para sa taon ng programa na 2022 -2023 online www.nationalcityca.gov/cdbg-home simula Marso 18, 2022. Magiging available din ang hardcopy ng plano sa pamamagitan ng Office of the City Clerk na matatagpuan sa City Hall (1243 National City Blvd., National City , CA 91950) tuwing mga normal na oras ng pagpapatakbo. Ang impormasyon ay magiging available para sa pampublikong pagsusuri sa loob ng 30 araw. Ang pampublikong komento sa draft 2022-2023 ng Taunang Plano ng Pagkilos ay pwedeng idirekta sa pamamagitan ng pagsulat sa Housing Authority ng Lungsod ng National City sa 1243 National City Blvd., National City, CA 91950, sa pamamagitan ng pag-email sa [email protected], o pagtawag sa 619-336-4254.

May
pangalawa at huling Pampublikong Pagdinig na isasagawa sa regular na nakaiskedyul na meeting ng Konseho ng Lungsod sa Mayo 3, 2022, para suriin ang mga pampublikong komento na natanggap sa loob ng 30 araw na panahon ng pampublikong pagsusuri (Marso 18 hanggang Abril 18, 2021) ng draft 2022 -2023 na Taunang Plano ng Pagkilos. Ang pampublikong pagdinig na ito ay makakapagbigay rin sa mga interesadong tao at pangkat ng komunidad ng huling pagkakataong ibahagi ang kanilang nga saloobin tungkol sa Plano at sa mga ipinapanukalang gawain sa CDBG at Programang HOME. Pagkatapos mapakinggan ang lahat ng pampublikong komento sa Pampublikong Pagdinig sa Mayo 3, 2022, ipagtitibay ng Konseho ng Lungsod ang 2022-2023 na Plano ng Pagkilos at ang mga ipinapanukalang rekomendasyon sa pagpopondo ng CDBG at Programang HOME. Isusumite ang Plano ng Pagkilos sa HUD para sa pagsusuri at pagtanggap.

A
ng pakikilahok ng publiko ay mahalagang bahagi ng pagbuo ng Taunang Plano ng Pagkilos. Ang mga interesadong tao at pangkat ng komunidad ay inaanyayahang manood at makilahok sa pagdinig, na idinaraos online sa www.nationalcityca.gov/webcast
.

M
aaaring magsumite ng pampublikong komento bago ang meeting sa pamamagitan ng pagpapadala ng email sa [email protected]; pakilagay ang agenda item number o pamagat ng item sa subject line ng email. Ang mga pampublikong komento o pahayag ay limitado sa tatlong (3) minuto. Ang lahat ng komentong matatanggap sa email pagsapit ng 1:00 p.m. sa araw ng meeting ay gagawing bahagi ng opisyal na talaan. Upang magbigay ng live na pampublikong komento sa oras ng meeting, kailangan nin yong mag -preregister sa website ng Lungsod sa https://www.nationalcityca.gov/publiccomment bago mag- 1:00 p.m. sa araw ng regular na meeting upang makalahok sa Meeting ng Konseho ng Lungsod. Para sa higit pang impormasyong kaugnay ng prosesong ito, mangyaring makipag-ugnayan sa City Clerk’s Office sa (619) 336-7328 o mag-email sa [email protected]. Para sa mga taong may kapansanan sa pagdinig, pakigamit ang CAL Relay Service Number na 711. Asistencia en Español: Para que le interpreten la información en español, llame al (619) 336-4391.

Car
los Aguirre, Housing Authority Director
Lungsod ng National City
Marso 19, 2022
Attachment No. 2

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AVISO PÚBLICO
Ciudad de National City
PERÍODO DE REVISIÓN PÚBLICA DE 30 DÍAS Y AUDIENCIA PÚBLICA FINAL PARA EL BORRADOR DEL PLAN DE ACCIÓN ANUAL DE 2022-2023
Por la presente, la Ciudad de la Ciudad Nacional informa que se ha preparado el proyecto de Plan de Acción Anual para el año programático 2022-2023. El Plan de Acción Anual describe cómo la Ciudad planea gastar un estimado de $744,200 en fondos del Bloque de Desarrollo Comunitario (CDBG) y $470,687 en fondos del Programa HOME Investment Partnerships (HOME) en actividades que abordan las necesidades de desarrollo comunitario y vivienda de la Ciudad. De conformidad con las regulaciones federales de 24 CFR, Parte 91, la Ciudad de la Ciudad Nacional debe preparar y presentar un Plan de Acción Anual para sus Programas de Vivienda y Desarrollo Comunitario al Departamento de Vivienda y Desarrollo Urbano de los Estados Unidos (HUD).

Con el fin de obtener las opiniones de los residentes, las agencias públicas y otras partes interesadas, la Ciudad de National City tiene en línea el borrador de las metas y actividades del Plan de Acción Anual para el año del programa 2022 -2023 www.nationalcityca.gov/cdbg-home a partir del 18 de marzo de 2022. Una copia impresa del plan también estará disponible a través de la Oficina del Secretario de la Ciudad ubicada en el Ayuntamiento (1243 National City Blvd., National City, CA 91950) durante las horas normales de operación. La información estará disponible para revisión pública durante 30 días.

Los comentarios públicos sobre el borrador del Plan de Acción Anual 2022-2023 se pueden dirigir por correo a la Autoridad de Vivienda de la Ciudad Nacional de la Ciudad en 1243 National City Blvd., National City, CA 91950, por correo electrónico a
[email protected], o por teléfono al 619-336-4254.

Una segunda y última audiencia pública se llevará a cabo en la reunión regularmente programada del Concejo Municipal el 3 de mayo del 2022, para revisar los comentarios públicos recibidos durante un período de revisión pública de 30 días (del 18 de marzo al 18 de abril del 2021) sobre el borrador del Plan de Acción Anual 2022-2023. Esta audiencia pública también proporcionará a las personas y grupos comunitarios interesados una última oportunidad para compartir sus pensamientos con respecto al Plan y las actividades del Programa CDBG y DEL PROGRAMA DE HOGAR que se proponen. Después de que todos los comentarios públicos han sido considerados en la Audiencia Pública el 3 de mayo de 2022, el Concejo de la Ciudad adoptará el Plan de Acción 2022- 2023 y las recomendaciones propuestas de financiamiento del CDBG y del Programa DE HOGAR. El Plan de Acción se presentará a HUD para su revisión y aceptación.

La participación pública es una parte esencial del desarrollo del Plan de Acción Anual. Se invita a las personas interesadas y a los grupos comunitarios a que observen y participen en la audiencia, que se celebra en línea en www.nationalcityca.gov/webcast
.

El comentario público puede ser enviado antes de la reunión por escrito por correo electrónico a [email protected]; por favor proporcione el número de ítem de la agenda o el título del ítem en la línea de asunto del correo electrónico. Los comentarios o testimonios del público están limitados a tres (3) minutos. Todos los comentarios por correo electrónico recibidos antes de las 1:00 horas del día de la reunión se harán parte del acta oficial.

Para proporcionar comentarios públicos en vivo durante la reunión, debe registrarse previamente en el sitio web de la Ciudad en
https://www.nationalcityca.gov/publiccomment antes de la 1:00 p.m. del día de la reunión ordinaria para unirse a la reunión del Concejo Municipal. Para obtener más información sobre este proceso, comuníquese con la Oficina del Secretario de la Ciudad al (619) 336-7328 o envíe un correo electrónico a clerk-nationalcityca.gov. Personas con discapacidad auditiva, utilice el número de servicio de retransmisión CAL 711.

Carlos Aguirre, Housing Authority Director
Ciudad de National City
marzo 4, 2022
Attachment No. 2

Page 3 of 3 ends

264 of 373
744,200.00$ 328,300.00$
-$ 142,387.00$
744,200.00$ 470,687.00$
The numbers above are estimated entitlement awards for CDBG and HOME is estimated. U.S Department of Housing and Urban Development (HUD) has not released funding allocations for program year 2022- 2023. Staff has proposed program funding recommendations for consideration by City Council. Funding commitments to any activity will depend on the ability to fund the activity with the actual award made to the City by HUD.

When HUD releases the final CDBG entitlement award, if additional funding is received it will be applied to the recommended CDBG Activity Set-Aside. If there is a decrease in the CDBG entitlement award, the CDBG Set-Aside and activities listed under Program Administration will be decreased proportionately. Likewise, if the HOME entitlement award is increased or decreased, each HOME activity will increase or decrease proportionally.

The City Manager will review and accept the final funding commitments as directed by the City Council. 470,687.00$
Planning and Administration
Amount
47,069.00$
Applicant Name
National City Housing Authority
Program Name
HOME Program Administration
588,862.00$
CDBG Activity Set-Aside
Amount
Planning and Administration Funds Available
108,840.00$
744,200.00$

ESTIMATED
Community Development Block Grant (CDBG) and
HOME Investment Partnership (HOME) Annual Action Plan
Funding Recommendations for HUD Program Year 2022
City Fiscal Year 2022-2023
Amount
6,498.00$
Community Development Block Grant (CDBG) Program
Non-Public Service Funds Available
40,000.00$
HOME Entitlement:

HOME Program Income 2022:

Total HOME funds available:

CDBG Entitlement:

CDBG Program Income 2022:

Total CDBG funds available:

Program Name
Fire Station 34 Sections 108 Loan Payment
Applicant Name
Fire Department
CDBG Program Administration
Program NameApplicant Name
National City Housing Authority
CDBG TOTAL:

Fair Housing & Tenant Landlord ServicesCSA San Diego County Program Name
CDBG Activity Set-Aside
Applicant Name
National City Housing Authority
Attachment No. 3

Page 1 of 1 ends

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RESOLUTION NO. 2022 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, ADOPTING THE U.S DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) 2022-2023 ANNUAL ACTION PLAN AND ALLOCATING THE 2022-2023 HUD ENTITLEMENT GRANT FUNDS AND PROGRAM INCOME TO

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM ACTIVITIES PROPOSED FOR THE2022-2023

ANNUAL ACTION PLAN

WHEREAS, as an entitlement community, the City of National City ("City'') administers the Community Development Block Grant ("CDBG") and the Home Investment Partnerships Act ("HOME") Program for the Federal Government under the United States Department of Housing and Urban Development ("HUD"); and

WHEREAS, per the federal regulations at 24 CFR, Part 91, the City is required to prepare and submit an Annual Action Plan for Housing and Community Development Programs funded by CDBG and HOME; and

WHEREAS, HUD requires that all CDBG and HOME Program entitlement communities, such as the City of National City, hold at least two public hearings and a 30-day public comment period to solicit input on the 2022-2023 Annual Action Plan; and

WHEREAS, the City Council conducted a duly advertised Public Hearing on March 15, 2022, and May 3, 2022, to receive input from the public; and

WHEREAS, the 30 -day comment period for the 2022 -2023 Annual Action Plan occurred from March 18, 2022, to April 18, 2022; and

WHEREAS, the City will incorporate public comments received for the 2022-2023 Annual Action Plan; and

WHEREAS, HUD has not released entitlement appropriations to the City and staff has estimated the 2022-2023 HUD formula allocation to be $744 ,200.00 for CDBG and $328,300.00 for the HOME Program which have been used to determine the Annual Action Plan activities to consider for funding identified in Exhibit “A”; and

WHEREAS, staff will make necessary adjustments to the CDBG and HOME activity allocations listed in the Annual Action Plan by following the method described in Exhibit “A” when final appropriations are provided by HUD; and

WHEREAS, the City Manager will be authorized to approve any adjustments made to CDBG activity allocations. Staff will return to ratify the final entitlement appropriations to activities funded to City Council at the next available City Council meeting after HUD’s final entitlement appropriations are received; and

266 of 373
Resolution No. 2022 –
Page Two

WHEREAS, City staff has also identified and verified program income received from the HOME Program in the amount of $142,387.00 to supplement further the funding of activities in the 2022-2023 Annual Action Plan as listed in the attached Exhibit "A."

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,

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

Section 1: HUD has not released entitlement appropriations to the City.

Section 2: City Council authorizes staff to make necessary adjustments to the CDBG and HOME activity allocations listed in the Annual Action Plan by following the method described in Exhibit “A” when final entitlement appropriations are provided by HUD; and

Section 3: City Council authorizes the City Manager to approve any adjustments made to CDBG activity allocations. Staff will return to ratify the final entitlement appropriations to activities funded to City Council at the next available City Council meeting after HUD’s final entitlement appropriations are received; and

Section 4: City Council authorizes allocating $142,387.00 in HOME Program income to supplement the funding of activities specified in the 2022 -2023 Annual Action Plan, as set forth in Exhibit "A."

Section 5: City Council authorizes the submission of the 2022 -2023 Annual Action Plan for the expenditure of said funds to HUD.

Section 6: City Council authorizes the City Manager to execute the final submission of the 2022-2023 Annual Action Plan, certifications, and agreements required by HUD to fully implement the activities funded under said Plan.

Section 7: City Council authorizes the City Manager to execute budget adjustments as necessary to reflect the funding allocations in the 2022 -2023 Annual Action Plan.

Section 8: The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolution.

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Resolution No. 2022 –
Page Three

PASSED and ADOPTED this 3rd day of May, 2022.

Alejandra Sotelo-Solis, Chair

ATTEST:

Luz Molina, City Clerk

APPROVED AS TO FORM:

Charles E. Bell Jr., City Attorney

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744,200.00$ 328,300.00$
-$ 142,387.00$
744,200.00$ 470,687.00$
The numbers above are estimated entitlement awards for CDBG and HOME is estimated. U.S Department of Housing and Urban Development (HUD) has not released funding allocations for program year 2022- 2023. Staff has proposed program funding recommendations for consideration by City Council. Funding commitments to any activity will depend on the ability to fund the activity with the actual award made to the City by HUD.

When HUD releases the final CDBG entitlement award, if additional funding is received it will be applied to the recommended CDBG Activity Set-Aside. If there is a decrease in the CDBG entitlement award, the CDBG Set-Aside and activities listed under Program Administration will be decreased proportionately. Likewise, if the HOME entitlement award is increased or decreased, each HOME activity will increase or decrease proportionally.

The City Manager will review and accept the final funding commitments as directed by the City Council. 470,687.00$
Planning and Administration
Amount
47,069.00$
Applicant Name
National City Housing Authority
Program Name
HOME Program Administration
HOME TOTAL:
588,862.00$
CDBG Activity Set-Aside
Amount
Planning and Administration Funds Available
108,840.00$
744,200.00$

HOME Program Income 2022:

Total HOME funds available:

CDBG Entitlement:

CDBG Program Income 2022:

Total CDBG funds available:

Amount
Applicant Name
National City Housing Authority
National City Housing Authority set-aside for a Community Housing Development Organization
HOME Investments Partnership(HOME) Program
Project Funds
Amount
374,373.00$
$ 49,245.00
Program Name
Affordable Housing Activities Set-Aside
CHDO Set-Aside
Program Name
Fire Station 34 Sections 108 Loan Payment
Applicant Name
Fire Department
CDBG Program Administration
Program NameApplicant Name
National City Housing Authority
CDBG TOTAL:

Fair Housing & Tenant Landlord ServicesCSA San Diego County Program Name
CDBG Activity Set-Aside
Applicant Name
National City Housing Authority
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The following page(s) contain the backup material for Agenda Item: Public Hearing and Adoption of an Ordinance of the City of National City, California, Amending Chapter 2.64 of Title 2 of the National City Municipal Code relating to the Community Development Commission-Housing Authority of the City of National City. (Housing Authority) Please scroll down to view the backup material.
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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:
________________
May 3, 2022
Public Hearing and Adoption of an Ordinance of the City of National City, California, Amending Chapter 2.64 of Title 2 of the National City Municipal Code relating to the Community Development Commission-Housing Authority of the City of National City.

Housing Authority
Please see Attachment No 1.

Carlos Aguirre, Housing Director

1. Staff Report

2. Redline of proposed changes to Chapter 2.64 of Title 2 of the National City Municipal Code

3. Ordinance Amending Chapter 2.64 of Title 2 of the National City Municipal Code 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 financial impact resulting from this action.

Not applicable.

X
Adopt an Ordinance of the City Council of the City of National City, California, Amending Chapter 2.64 of Title 2 of the National City Municipal Code.

Not applicable.
619-336-4391

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Attachment No. 1
1 of 2

CITY OF NATIONAL CITY

STAFF REPORT

DATE: April 19, 2022

TO: Mayor and City Council

FROM: Charles E. Bell, Jr., City Attorney
Brian Byun, Best Best & Krieger LLP
Carlos Aguirre, Housing Director

SUBJECT: Ordinance of the City Council of the City of National City, California, Amending Chapter 2.64 of Title 2 of the National City Municipal Code _________________________________________________________________________

Staff Recommendation:

Approve an Ordinance of the City Council of the City of National City, California, Amending Chapter 2.64 of Title 2 of the National City Municipal Code

Background:

In 1975, the City of National City (“City”) approved and adopted Ordinance No. 1484, which established the Community Development Commission (“CDC”) and Housing Authority, pursuant to Health and Safety Code section 34100 et seq. Under Ordinance No. 1484, which is codified in National City Municipal Code Chapter 2.64, the CDC operated both the Redevelopment Agency (“RDA”) and the Housing Authority functions as a single entity.

However, on June 28, 2011, the Governor signed Assembly Bill No. ABx1 26 (“ABx1 26”), which legislatively eliminated redevelopment agencies and redevelopment agency components of community development commissions, but also expressly provided that “[n]othing in this part dissolves or otherwise affects the authority of a community redevelopment commission, other than in its authority to act as a redevelopment agency, in its capacity as a housing authority or for any other community development purpose of the jurisdiction in which it operates.” Accordingly, while the RDA was dissolved, the Housing Authority has continued to exist and the CDC has continued to have authority to carry out Housing Authority functions and other community improvement activities not prohibited by ABx1 26.
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Attachment No. 1
2 of 2

Moreover, the City Council designated the Community Development Commission-Housing Authority of the City of National City (“CDC-HA”) to serve as the “Successor Housing Entity” for all housing assets of the former RDA. As the Successor Housing Entity of the dissolved RDA, the CDC-HA was designated as the entity responsible for performing the housing functions previously performed by the dissolved RDA (and the CDC acting in its capacity as the RDA), as well as the entity to receive the transfer of, without limitation, all of the housing assets, rights, powers, duties, obligations, liabilities and functions previously performed by the RDA (and the CDC acting in its capacity as the RDA).

Housing Asset Transfers:

Along with dissolving redevelopment agencies, ABx1 26 also required the Successor Agency (“SA”) of the former RDA to officially transfer the housing assets of the SA to the CDC-HA as the Successor Housing Entity under ABx1 26 by submitting a Housing Asset Transfer Form listing all housing assets for approval by the Oversight Board and State of California Department of Finance. However, certain parcels owned by the CDC prior to the above-noted changes in state law were not listed on the Housing Asset Transfer Form for various reasons.

These parcels included the following three parcels: (1) the Morgan Senior Tower (which includes the George H. Waters Nutrition Center [“Nutrition Center”]), (2) the Kimball Senior Tower, and (3) the Kimball Senior Center (together, the “Parcels”), all of which were acquired by the City through the CDC with non-RDA funds and are held in the name of the CDC in its capacity other than as the RDA.

Proposed Ordinance:

The proposed Ordinance is intended to officially designate the CDC -HA as the successor entity of the CDC for all purposes, in part to clarify the ownership of the Parcels by the CDC- HA.
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1 Chapt
er 2.64 – HOUSING AUTHORITY AND- COMMUNITY DEVELOPMENT

COMMISSION-HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY

2.64.010 Community Development Commission. The Housing Authority and Community Development Commission were established in 1975. The Community Development Commission included the Redevelopment Agency, the Housing Authority established pursuant to Housing Authority Law (California Government Code Section 34000 et. seq.), and general City matters.

Following the dissolution of the Redevelopment Agency, the Community Development Commission is known as the Community Development Commission – Housing Authority of the City of National City as provided for in this Chapter.

2.64.0102.64.020 Housing authority—Declaration of need.

It is declared that, because of the existence of unsafe and insanitary inhabited dwelling accommodations in National City, there is a need for a housing authority to function in the community.

2.64.0202.64.030 Housing authority—Established.

The housing authority of the city is established.

2.64.0302.64.040 Housing authority—City council designated to act.

The city council declares itself to be the Housing Authority of the city.

2.64.0402.64.050 Community development commission—Declaration of need.

It is declared that there is a need for a community development commission to function in the community.

2.64.0502.64.060 Community development commission—Established.

The community development commission of the city is established.

2.64.0602.64.070 Community development commission—Purpose—Operating authority.

The community development commission of the city is created and established in order that the city will be enabled to operate and govern its redevelopment agency and its housing authority under a single board and as a single operating entity.

2.64.0702.64.080 Community development commission—City council designated to act.

The city council declares itself to be the community development commission of the city.

2.64.0802.64.090 Community development commission—Powers and duties.

The community development commission shall be vested with all of the powers, duties and responsibilities of both the redevelopment agency and the housing authority of the city, and shall be vested with any other powers, duties and responsibilities regarding community development which the legislative body may delegate to the community development commission subject to such conditions as may be imposed by the legislative body.

Attachment No. 2
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2 2.64.0902.64.100 Community development commission—Chairman and vice-chairman.

The mayor of the city shall be the chairman, and the vice-mayor of the city shall be the vice- chairman of the community development commission.

2.64.1002.64.110 Community development commission—Executive director and secretary.

The executive director and secretary of the redevelopment agency of the city shall be the executive director and secretary of the community development commission.

2.64.1102.64.120 Community development commission—Bylaws adopted.

The bylaws of the redevelopment agency of the city adopted by Resolution No. 68-8 on October 29, 1968, as subsequently amended, are adopted as the bylaws of the community development commission.

2.64.1202.64.130 Community development commission—Manual of Administrative Policies and Procedures adopted.

The Manual or Administrative Policies and Procedures of the redevelopment agency of the city as adopted by said agency by its Resolution No. 69-1 on January 7, 1969, as subsequently amended are adopted as the Manual of Administrative Policies and Procedures of the community development commission.

2.64.1302.64.140 Filing of ordinance required.

The housing authority and the community development commission hereby authorized to function shall each cause a certified copy of the ordinance codified in this chapter to be filed with the Secretary of State and with the Department of Housing and Community Development, state of California.

2.64.140 Community development commission—Successor entity.

The Community Development Commission-Housing Authority of the City of National City (“CDC-HA”) is the successor in interest to the community development commission for all purposes, and any reference to the community development commission in any document shall hereby refer to the CDC-HA.

Attachment No. 2
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Ordinance 2022 – ____
Adopted __-__-2022

ORDINANCE NO. 2022 - ____
A

N ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AMENDING CHAPTER 2.64 OF TITLE 2 OF THE NATIONAL CITY MUNICIPAL CODE CI

TY ATTORNEY SUMMARY
This Ordinance amends Chapter 2.64 of Title 2 of the National City Municipal Code relating to the Community Development Commission-Housing Authority of the City of National City
W
HEREAS, in 1974, the State Legislature enacted Health and Safety Code section 34100 et seq., permitting cities to create Community Development Commissions for purposes of operating and governing their redevelopment agencies, or their redevelopment agencies and their housing authorities, under a single operating entity and board, as well as to exercise “any other powers regarding community development which the legislative body of a community may desire to delegate to the commission subject to such conditions as may be imposed by the legislative body;” and
W
HEREAS, in 1975, the City of National City (“City”) approved and adopted Ordinance No. 1484, which established the Community Development Commission (“CDC”) and Housing Authority and is codified in National City Municipal Code Chapter 2.64; and W
HEREAS, pursuant to Ordinance No. 1484, the CDC operated both the Redevelopment Agency (“RDA”) and the Housing Authority functions as a single entity in accordance with Health and Safety Code section 34100 et seq.; and
W
HEREAS, on June 28, 2011, the Governor signed Assembly Bill No. ABx1 26 (“ABx1 26”), which legislatively eliminated redevelopment agencies; and W
HEREAS, Health and Safety Code section 34172, subdivision (a)(1) —a provision enacted by ABx1 26— dissolves “[a]ll redevelopment agencies and redevelopment a gency components of community development commissions,” but also expressly provides that “[n]othing in this part dissolves or otherwise affects the authority of a community redevelopment commission, other than in its authority to act as a redevelopment agency, in its capacity as a housing authority or for any other community development purpose of the jurisdiction in which it operates;” and
W
HEREAS, while the RDA was dissolved as required under ABx1 26, as permitted under Health and Safety Code section 34172, subdivision (a)(1), the Housing Authority has continued to exist and the CDC has continued to have authority to carry out Housing Authority functions and other community improvement activities not prohibited by ABx1 26; and W
HEREAS, the City Council has designated the Community Development Commission- Housing Authority of the City of National City (“CDC-HA”) to serve as the “Successor Housing Entity” for all housing assets of the former RDA; and
W
HEREAS, as the Successor Housing Entity of the dissolved RDA, the CDC -HA was Attachment No. 3
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Ordinance 2022 – ____
Adopted __-__-2022

designated as the entity responsible for performing the housing functions previously performed by the dissolved RDA (and the CDC acting in its capacity as the RDA), as well as the entity to receive the transfer of, without limitation, all of the housing assets, rights, powers, duties, obligations, liabilities and functions previously performed by the RDA (and the CDC acting in its capacity as the RDA); and

WHEREAS, the City Council has also designated the City to act as the “Successor Agency” (“SA”) to the dissolved RDA; and

WHEREAS, upon the dissolution of the RDA on February 1, 2012, all assets, properties, contracts, leases, books and records, buildings and equipment of the dissolved RDA were transferred by operation of law to the control of the SA and all authority, rights, powers, duties, and obligations previously vested in the RDA were vested in the SA, for administration pursuant to ABx1 26; and

WHEREAS, ABx1 26 required the SA to officially transfer the housing assets of the SA to the CDC-HA as the Successor Housing Entity under ABx1 26 by submitting a Housing Asset Transfer Form listing all housing assets for approval by the Oversight Board and State of California Department of Finance; and

WHEREAS, due to the above- recited changes in state law that occurred subsequent to the adoption of Ordinance No. 1484, there is a need to clarify the ownership of parcels owned by the CDC prior to those changes in state law, including, but not limited to, (1) the Morgan Senior Tower (which includes the George H. Waters Nutrition Center [“Nutrition Center”]), (2) the Kimball Senior Tower, and (3) the Kimball Senior Center (“the Parcels”), which were not listed on the Housing Asset Transfer Form for various reasons; and

WHEREAS, each of the Parcels was acquired by the City through the CDC with non-RDA funds and are held in the name of the CDC in its capacity other than as the RDA; and

WHEREAS, this Ordinance is intended to officially designate the CDC -HA as the successor entity of the CDC for all purposes, in part to clarify the ownership of the Parcels by the CDC-HA

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City, California, does ordain as follows:

SECTION 1. The foregoing recitals are true and correct.

SECTION 2. Based on the findings above, in addition to information provided to the City Council at the Public Meeting, the City Council hereby amends and restates Chapter 2.64 of Title 2 of the National City Municipal Code to read in its entirety as set forth in Exhibit “A” to this Ordinance, which is attached hereto and incorporated herein by this reference.

SECTION 3.

Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the Attachment No. 3
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3 60161.00017\34970916.4

Ordinance 2022 – ____
Adopted __-__-2022

remaining portions of this Ordinance or any part thereof. The City Council of the City of National City hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses , or phrases be declared unconstitutional, invalid, or ineffective.

SECTION 4.

No Mandatory Duty of Care. This Ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law.

SECTION 5.

Conflict. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist.

SECTION 6. E ffective Date. This ordinance shall be published pursuant to law and shall become effective thirty (30) days from the date of passage and adoption.

Within fifteen (15) days following its adoption, the City Clerk shall publish the title thereof, as a summary as required by State Law.

I
NTRODUCED by the City Council on April 19, 2022.

PASSED and ADOPTED this __th day of _____, 2022.
__________________________

Alejandra Sotelo-Solis, Mayor

ATTEST:
_____________________________
Luz Molina, City Clerk
APPROVED AS TO FORM:
_____________________________
Charles E. Bell Jr., City Attorney

Attachment No. 3
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Ordinance 2022 – ____
Adopted __-__-2022

EXHIBIT A

[Attached]
Attachment No. 3
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1 Chapter 2.64 - COMMUNITY DEVELOPMENT COMMISSION-HOUSING AUTHORITY OF

THE CITY OF NATIONAL CITY

2.64.010 Community Development Commission. The Housing Authority and Comm unity Development Commission were established in 1975. The Community Development Commission included the Redevelopment Agency, the Housing Authority established pursuant to Housing Authority Law (California Government Code Section 34000 et. seq.), and general City matters.

2.64.020 Housing authority—Declaration of need.

It is declared that, because of the existence of unsafe and insanitary inhabited dwelling accommodations in National City, there is a need for a housing authority to function in the community.

2.64.030 Housing authority—Established.

The housing authority of the city is established.

2.64.040 Housing authority—City council designated to act.

The city council declares itself to be the Housing Authority of the city.

2.64.050 Community development commission—Declaration of need.

It is declared that there is a need for a community development commission to function in the community.

2.64.060 Community development commission—Established.

The community development commission of the city is established.

2.64.070 Community development commission—Purpose—Operating authority.

2.64.080 Community development commission—City council designated to act.

The city council declares itself to be the community development commission of the city.

2.64.090 Community development commission—Powers and duties.

2.64.100 Community development commission—Chairman and vice-chairman.

Attachment No. 3
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2 The mayor of the city shall be the chairman, and the vice-mayor of the city shall be the vice- chairman of the community development commission.

2.64.110 Community development commission—Executive director and secretary.

The executive director and secretary of the redevelopment agency of the city shall be the executive director and secretary of the community development commission.

2.64.120 Community development commission—Bylaws adopted.

The bylaws of the redevelopment agency of the city adopted by Resolution No. 68-8 on October 29, 1968, as subsequently amended, are adopted as the bylaws of the community development commission.

2.64.130 Community development commission—Manual of Administrative Policies and Procedures adopted.

2.64.140 Filing of ordinance required.

2.64.140 Community development commission—Successor entity.

Attachment No. 3
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The following page(s) contain the backup material for Agenda Item: Public Hearing and Adoption of an Ordinance of the City Council of the City of National City, California, Repealing Ordinance No. 2017-2432 and Ordinance No. 2020-2483; and Removing Chapter

16.09 in its Entirety from the National City Municipal Code Dissolving the Veterans and Military Families Advisory Committee. (City Clerk)
Please scroll down to view the backup material.
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CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT

MEETING DATE: May 3, 2022 AGENDA ITEM NO.

ITEM TITLE:

Public Hearing and Adoption of an Ordinance of the City Council of the City of National City, California, Repealing Ordinance No. 2017-2432 and Ordinance No. 2020-2483; and Removing Chapter 16.09 in its Entirety from the National City Municipal Code Dissolving the Veterans and Military Families Advisory Committee (City Clerk).

PREPARED BY: Shelley Chapel, Deputy City Clerk DEPARTMENT: City Clerk’s Office PHONE: 619-336-4228 APPROVED BY: Shelley Chapel
EXPLANATION:

On February 21, 2017, the City Council adopted Ordinance No. 2017-2432, establishing the Veterans and Military Families Advisory Committee for the purpose of advising the City Council on matters related to the support of our veterans and military service member related issues, ceremonies, and other activities that o ccur within National City. Upon creation eleven (11) members were appointed to the committee.

On September 15, 2020, the City Council adopted Ordinance No. 2020 -2483, reducing and modifying the membership of the committee from eleven (11) to seven (7) members to assist in attendance and quorum required for meetings.

On March 15, 2021, the City Council voted unanimously to dissolve the Veterans and Military Families Committee and establish a Veterans Event Working Group to assist City staff with planning events honoring the heritage of our Veterans and Military Community, including Memorial Day and Veteran ’s Day. As a result of this action the Veterans and Military Families Committee has been dissolved.

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: X FINAL ADOPTION:

STAFF RECOMMENDATION:

Adoption of an Ordinance Repealing Ordinance No. 2017-2432 and Ordinance No. 2020-2483; and Removing Chapter 16.09 in its Entirety from the National City Municipal Code Dissolving the Veterans and Military Families Advisory Committee.

BOARD / COMMISSION RECOMMENDATION:

Current Committee Members were notified of the change and some members have expressed an interest in participating on the Veterans Event Working Group.

ATTACHMENTS:

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ORDINANCE NO. 2022-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA REPEALING ORDINANCE NO. 2017 -2432, AND ORDINANCE NO. 2020 -2483, AND REMOVING CHAPTER 16.09 IN ITS ENTIRETY FROM THE NATIONAL CITY MUNICIPAL

CODE DISSOLVING THE VETERANS AND MILITARY FAMILIES ADVISORY COMMITTEE

CITY ATTORNEY SUMMARY
This Ordinance removes in its entirety the Veterans and Military Families Advisory Committee from the City of National City, California Municipal Code, therefore, dissolving the Committee

WHEREAS, on February 21, 2017, the City Council a dopted Ordinance No. 2017-2432, establishing the Veterans and Military Families Advisory Committee; and

WHEREAS, on September 15, 2020, the City Council adopted Ordinance No. 2020-2483, reducing and modifying the membership of the Veterans and Military Families Advisory Committee; and

WHEREAS, on March 15, 2022, the City Council voted unanimously to dissolve the Veterans and Military Families Committee and establish a Veterans Event Working Group to assist City staff with planning events honoring the heritage of our Veterans and Military Community, including Memorial Day and Veteran’s Day. As a result of this action th e Veterans and Military Families Committee has been dissolved.

NOW THEREFORE, BE IT RESOLVED That the City Council of the City of National City, California, does ordain as follows:

SECTION 1. The foregoing recitals are true and correct.

SECTION 2. Based on the findings above, in the additional information provided to the City Council at the Public Meeting, the City Council determines as follows:

a. Section 16.09 entitled Veterans and Military Families Advisory Committee is hereby removed in its entire ty from the National City Municipal Code.

SECTION 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council of the City of nation City hereby declares that I would have passed any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.

SECTION 4. No Mandatory Duty of Care . This Ordinance is not intended t o and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law.

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SECTION 5. Conflict. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist.

SECTION 6. Effective Date. This ordinance shall be published pursuant to law and shall become effective thirty (30) days from the date of passage and adoption. Within fifteen (15) days following its adoption, the City Clerk shall publish the title thereof, as a summary as required by State Law.

INTRODUCED by the City Council on April 19, 2022.

PASSED and ADOPTED this 3rd day of May 2022.

___________________________
Alejandra Sotelo-Solis, Mayor

ATTEST:

_____________________________
Luz Molina, City Clerk

APPROVED AS TO FORM:

______________________________
Charles E. Bell Jr., City Attorney
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The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, California to eliminate library overdue material fines to ensure equitable access to Library Services. (Library and Community Services) Please scroll down to view the backup material.
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City Council Staff Report

May 3, 2022
ITEM
Resolution of the City Council of the City of National City, California to eliminate library overdue material fines to ensure equitable access to Library Services.

BACKGROUND
Within the past four years, many libraries across the country have decided to remove late fines citing that these fines are now seen as a barrier to access to library materials and create a disproportionate financial burden on low-income families, youth, older adults, and communities of color. This can be seen as the culmination of a debate that has continued for years within the library profession. Many librarians see fines as a necessary tool for accountability in patrons, while others see late fines as a discriminatory practice propagating social inequity.

EXPLANATION
At the 2019 ALA Midwinter Meeting, the American Library Association on behalf of its members, drafted and approved a “Resolution on Monetary Library Fines as a Form of Social Inequity.” The ALA noted in the resolution that monetary fines present an economic barrier to access to materials and resources and added that statement to the ALA Policy Manual. In addition, the resolution urged members to “scrutinize their practices of imposing fines on library patrons and actively move towards eliminating them.”1

Over the years, many libraries across the country have created programs to address late fines – Read Down Programs, Food for Fines Programs, Amnesty Days, Fine-free Days, etc. In addition, many libraries have also started programs that eliminated late fines on children’s and young adult materials. Although these programs have met with certain success, they are also considered to be a “piece-meal” solution to a larger issue regarding the disproportionate impact on vulnerable populations. Consequently, many library systems have decided in recent years to eliminate late fines for all patrons.

Many large library systems across the country have removed late fines from their fee schedule.

New York Public Library, Chicago Public Library, Los Angeles Public Library, San Francisco Public Library have all removed patron late fines. Throughout San Diego County, the vast majority of libraries are now fine-free. All San Diego County libraries and San Diego Public

1 “Resolution on Monetary Library Fines as a Form of Social Inequity,” 2019 ALA Midwinter Meeting.

Accessed Nov. 24, 2021.
https://www.ala.org/aboutala/sites/ala.org.aboutala/files/content/Resolution%20on%20Monetary%20Libra ry%20Fines%20as%20a%20Form%20of%20Social%20Inequity-FINAL.pdf

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Staff Report – Resolution Approving NCPL Fine-Free Policy May 3, 2022

Libraries (City of San Diego) are fine-free libraries. Chula Vista Public Library (3 locations) went fine-free on July 1, 2021 and Escondido Public Library went fine-free on September 1, 2021. Oceanside Public Library stopped assessing fines and forgave assessed late fines in August 2021. The only libraries in San Diego County that continue to charge overdue fines are the National City Public Library, Coronado Public Library, and Carlsbad City Library. (Both Coronado Public Library and Carlsbad City Library are exploring the option of going fine-free.) In addition, library fines at both Coronado Public Library and Carlsbad City Library are less than fines in our existing fine structure.2 Out of the total of 88 libraries in San Diego County, 83 are now fine free; these libraries are the Escondido Public Library, Oceanside Public Library (2 locations), San Diego County Library (41 locations), San Diego Public Library (36 locations), and Chula Vista Public Library (3 locations).

Current Practice
Currently the National City Public Library charges $.25 per day in overdue fines for books and magazines, $3.00 per day in overdue fines for DVDs and audiobooks, and $1.00 per day in overdue fines for test books and audio CDs. With the current fee schedule, a parent checking out 8 picture books and returning those items one week late, would owe the library $14.00 in overdue fines. A patron checking out 6 movies and returning them one day late would owe $18.00. The table below shows the current fine structure for the National City Public Library:

Table 1: NCPL Current Fine Structure
Item Type Checkout Period Overdue Fine Renewable
Children’s, Young
Adult and Adult
Books and Magazines
28 days $0.25/day 1 time – 2 weeks
Audiobooks 14 days $3.00/day 1 time – 2 weeks
DVDs/Blu-Rays 7 days $3.00/day Only educational
1 time – 1 week
Audio CDs 14 days $1.00/day 1 time – 2 weeks
Test Books 7 days $1.00/day 1 time – 1 week

Library patrons renew items online or ask a library staff member to renew the items for them. In addition, when patrons check out a book and the item is lost, the patron is responsible for the replacement cost as designated in the electronic catalog (typically a set amount) and a $5.00 processing fee. Replacement costs and processing fees are non-refundable.

Fiscal Impact
Staff reviewed the actual revenue amounts for past fiscal years to determine the amount of late fines that would not be realized if the Library were to go fine-free. The Library monitors the

2 As of April 2022, Coronado Public Library late fine structure is as follows: $.05 per day for Children and Teen materials, $.20 per day for adult materials, $1 per day for DVDs; Carlsbad City Library late fine structure: $.10 per day for Children’s materials, $.25 per day for adult materials, $1 per day for DVDs .

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Staff Report – Resolution Approving NCPL Fine-Free Policy May 3, 2022

amount of late fines and other fees that are deposited into revenue in the Library’s budget. The table below shows the annual revenue from fines and fees since Fiscal Year 2015-16:

Table 2: Fines/Fees Revenue 2015-2022
Fiscal Year Library Fines/Fees
Revenue
Total Library Budget Revenue as
Percentage of
Library Budget
2015/16 $38,207.52 $2,285,400 (Actual) .017%
2016/17 $39,442.92 $2,501,782 (Actual) .016%
2017/18 $48,143.78 $2,412,792 (Actual) .020%
2018/19 $34,729.40 $2,363,881 (Actual) .015%
2019/20 $20,049.93 $2,554,119 (Actual) .008%
2020/21 $2,585.52 $2,701,447 (Actual) .001%
2021/22 $6,073.59 (as of 3/29/22) $2,330,960 (Adopted) .002%

The highest revenue year was FY 2017/18 with $48,143.78 in revenue; even then, the percentage of revenues was only .02% of the overall Library budget. Since then, however, revenue levels from late fines have dropped, even accounting for decreased circulation due to COVID closures.

It is important to note, also, that the figures above are a combination of fines and fees. Please note that although late fines are a significant portion of the revenues listed, other fees such as lost item replacement fees, processing fees, etc. are also included in these revenue totals. There has traditionally been no separation of revenue source (i.e., late fines, processing fees, etc.) within the budget.

The Library currently has 22,491 active borrowers (borrowers who have borrowed library materials within the past five years). The table below shows the current balances (as of March 29, 2022) for each type of fine or fee since 2017, with the total balance of late fines as $53,340.54 (highlighted).3

Table 3: NCPL Outstanding Patron Bills
Bill
Library
Desc
Bill
Created
Year 2022 2021 2020 2019 2018 2017 Total
Bill
Reason
Total
Outstanding
Bill Amount
Total
Outstanding
Bill Amount
Total
Outstanding
Bill Amount
Total
Outstanding
Bill Amount
Total
Outstanding
Bill Amount
Total
Outstanding
Bill Amount
Total
Outstanding
Bill Amount
National
City
Public
Library
CaC $1.00 $2.00 $1.00 $8.00 $8.00 $10.00 $30.00
credit -$25.00 -$25.00 -$50.00 -$25.00 -$125.00
damage $85.00 $115.00 $254.50 $322.00 $262.50 $1,039.00 fee $10.00 $26.00 $20.00 $21.00 $45.00 $64.00 $186.00
fine $1,966.25 $3,308.65 $4,872.30 $13,667.95 $15,725.71 $13,799.68 $53,340.54 l $5,192.99 $3,771.99 $13,877.99 $16,096.10 $17,874.90 $19,602.87 $76,416.84 LostPro $615.00 $660.00 $2,830.00 $3,400.00 $3,705.00 $3,985.00 $15,195.00 Misc $10.30 $226.35 $34.10 $464.74 $88.90 $824.39
Total $7,870.24 $7,778.94 $21,917.64 $33,456.65 $38,095.35 $37,787.95 $146,906.77

3 Bill reason “CaC” indicates the purchase of a Computer Access Card for printing purposes , “l” indicates lost item replacement fees, “LostPro” indicates lost item processing fees. 290 of 373

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Staff Report – Resolution Approving NCPL Fine-Free Policy May 3, 2022

Based on the information found in Table 2, staff estimate the annual loss of revenue at roughly $30,000 per year. After removing the amounts from 2020/21 as an obvious outlier, the average revenue for the remaining years is $31,107. This is a rough estimate, however, as this is not a consistent form of revenue and depends largely on borrower habits.

In addition to this information on outstanding fines and fees, it is important to note that the City has 4,236 patron accounts in collections. Financial Credit Network (FCN) has reported that the last patron accounts were reported to them on March 26, 2018. From a total owing of $253,585, 10% ($25,249) has been collected, leaving a total in collections of $226,917. If the City Council approves the fine-free policy, staff will work on a case-by-case basis to assess whether the patron was blocked simply due to late fines or if the block stems from replacement fees. Staff will also explore ways to successfully collect outstanding debt for lost items.

Staff Recommendations
Late Fines
Staff recommends the removal of all late fines – including those already assessed. If late fines have already been paid, those payments are non-refundable.

Lost Items/Other Fees
If library materials are reported as lost or damaged, the library patron will assume responsibility for the replacement costs for the item(s). In addition, the Library will continue to assess fees for the following services, including:

 Library Card replacements
 Copying/printing
 Incidental damage to library materials
 Processing fees
 Collection Referral
 Non-sufficient funds (NSF)

Customers are encouraged to return materials in a timely fashion to the Library so others may enjoy our shared resources. Patrons will be blocked from checking out additional items if they have not returned their library materials by the due date. Items not returned within 30 days of their due date will go to a “lost” status and customers will be billed for item replacement costs and a processing fee. Customers will continue to be responsible for reconciling any lost items or fees on their library account by either returning the item(s) or paying the replacement fee.

Replacement fees and processing fees are non-refundable. Once the patron either returns the overdue items or pays replacement and processing fees, all blocks on their account will be removed.

If the patron’s account has had items on “lost” status for 90 days and owes $100 or more, the account will go to collections. This is a change from current practice, which sends accounts to collections with $20 owing on their account, an extremely low threshold. The reason for raising the threshold to $100 is that library materials have become more costly and, once a patron’s account is sent to collections, the patron will not have access to Library computers. 291 of 373

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Staff Report – Resolution Approving NCPL Fine-Free Policy May 3, 2022

The new Fine-Free Policy also modifies the number of renewals allowed by patrons and this is facilitated by the use of automatic renewals. Some library systems allow for up to 10 or more automatic renewals. NCPL staff are recommending up to three renewals depending on item type, with corresponding courtesy notices to the patron with updated due date information.

If approved by City Council, staff will ensure that Library patrons are aware of the new policy regarding library fines, including posting information and FAQs on the Library website and posting on the City’s social media. In addition, Library staff will be working with patrons to update their records with email addresses and mobile phone numbers. As part of its ILS renewal, the Library will now be able to notify patrons via text messaging on their mobile phones.

The revised fee schedule approved by City Council on April 19, 2022 included a section on Library fees. These fees included charging for the full cost of library materials if lost or damaged, in addition to a $5 processing fee.

Noted Concerns
Staff have been soliciting comments from patrons regarding the idea of eliminating fines.

Although the vast majority of patrons support the idea, some community members have expressed concern that removing fines will create a lack of accountability in patrons and are worried that materials will not be returned. However, current practice has shown a different outcome. In 2019, Chicago Public Library and its 81 locations eliminated late fines for all materials and erased outstanding debt. As a result, the amount of books returned within the first few months was up 240%.4 Many patrons may owe fines and then be afraid or ashamed to come back to the library. In that instance, not only does the library lose the revenue and the materials – they also lose the patron. Many libraries that have gone fine-free have noted that they now have more patrons coming in the door than ever before and their circulation statistics are rising.

The burden of administrative fines can create financial strain for low-income families and can contribute to a cycle of economic hardship. Administrative fines can also have a disproportionate impact on vulnerable individuals, particularly youth, non-citizens, and people of color. Overdue fines represent a small portion of the library's budget and are not a steady or reliable source of revenue. We believe that the library's mission to provide free and equal access to materials and services is important and are choosing to make that a priority for our patrons.

RECOMMENDATION
Adopt a resolution approving the acceptance of the National City Public Library Fine-Free Policy to eliminate library overdue material fines to ensure equitable access to Library Services.

FISCAL IMPACT
Adoption of the resolution will eliminate library fines and their collection.

4 Spielman, Fran, “Lightfoot’s Decision to Eliminate Library Fines Triggers 240% Increase in Book Returns,” Chicago Sun-Times, October 30, 2019. Accessed Nov. 24, 2021. https://chicago.suntimes.com/news/2019/10/30/20940677/chicago-public-library-no-fines-book-returns- increase-lightfoot
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Staff Report – Resolution Approving NCPL Fine-Free Policy May 3, 2022

Bibliography

Johnson Depriest, Meg. Colorado State Library. “Removing Barriers to Access: Eliminating Library Fines and Fees on Children’s Materials.” 2015.
https://www.cde.state.co.us/cdelib/removingbarrierstoaccess

“Long Overdue: Eliminating Fines on Overdue Materials to Improve Access to San Francisco Public Library.” Office of Treasurer & Tax Collector, City and County of San Francisco, 2019. https://sfpl.org/uploads/files/pdfs/commission/Fine-Free-Report011719.pdf

Marx, Anthony W. “The Case Against Library Fines – According to the Head of The New York Public Library.” Quartz. Accessed August 31, 2021. https://qz.com/1158839/the-case-against- library-fines-according-to-the-head-of-the-new-york-public-library/

“Resolution on Monetary Library Fines as a Form of Social Inequity,” 2019 ALA Midwinter Meeting. Accessed Nov. 24, 2021.
https://www.ala.org/aboutala/sites/ala.org.aboutala/files/content/Resolution%20on%20Monetary %20Library%20Fines%20as%20a%20Form%20of%20Social%20Inequity-FINAL.pdf

Spielman, Fran. “Lightfoot’s Decision to Eliminate Library Fines Triggers 240% Increase in Book Returns,” Chicago Sun-Times, October 30, 2019. Accessed Sept. 13, 2021. https://chicago.suntimes.com/news/2019/10/30/20940677/chicago-public-library-no-fines-book- returns-increase-lightfoot

Unrein, Sabrina. (2020). “Overdue Fines: Advantages, Disadvantages, and How Eliminating Them Can Benefit Public Libraries.” Syracuse, NY: iSchool Public Libraries Initiative at Syracuse University. https://ischool.syr.edu/wp-content/uploads/2020/06/Overdue-Fines- Advantages-Disadvantages-and-How-Eliminating-Them-Can-Benefit-Public-Libraries.pdf

“‘We Wanted Our Patrons Back’ – Public Libraries Scrap Late Fines to Alleviate Inequity,” NPR, November 30, 2019. Accessed November 24, 2021.
https://www.npr.org/2019/11/30/781374759/we-wanted-our-patrons-back-public-libraries-scrap- late-fines-to-alleviate-inequi

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NATIONAL CITY PUBLIC LIBRARY

FINE-FREE POLICY

The National City Public Library is dedicated to equitable access to library services and materials for everyone in the National City community. Consequently, the Library will no longer assess overdue fines for borrowed items.

1. Effective with City Council approval, overdue fines will not be charged for materials kept past their due date and all previously assessed late fines will be deleted. Patrons are still responsible for previously assessed fees, including lost item fees.

2. Each item has a due date and cardholders are responsible for honoring the due date.

3. The fine-free policy only applies to overdue items. Fees for lost or damaged items will be applied according to existing procedure.

4. All library materials (with the exception of audiovisual materials and tech devices) will check out for 28 days, with three automated renewals of 14 days each renewal period, as long as there are no holds on the item. Renewal notices will be sent to patrons with new due date.

5. DVDs/BluRays will check out for seven days, with one automated renewal of seven days, as long as there are no holds on the item. Renewal notices will be sent to patrons with new due date.

6. Music CDs will check out for seven days, with one automated renewal of seven days, as long as there are no holds on the item. Renewal notices will be sent to patrons with new due date.

7. If an item is overdue, the cardholder’s account will be blocked from checking out library materials. Once the item is returned, the block will be removed. Patrons will receive an overdue notice.

8. At 30 days overdue, the item will be marked as "lost" and the patron will be unable to check out or renew any physical items until they return the lost item, or pay for its replacement cost plus a $5 processing fee.

9. Tech devices will check out for 28 days, with one automated renewal of 14 days, as long as there are no holds on the item. Renewal notices will be sent to patrons with new due date. If an item is overdue, the cardholder’s account will be blocked from checking out library materials, the wireless hotspot service will be paused, and the Google chromebook is locked remotely. At 30 days overdue, the item will be marked as "lost" and the patron will be unable to check out or renew any physical items until they return the lost item, or pay for its replacement cost plus a $5 processing fee.

Once the item(s) is/are returned, all library card account blocks will be removed. All tech devices are insured for full replacement cost.

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10. Ninety days after the item goes to “Lost,” if a patron owes $100 or more in lost items, the account will be sent to collections through the City of National City’s Finance Department, and the patron will no longer be able to check out library materials or use Library computers until the collections account is resolved. If the materials are returned, the replacement fees will be removed; however, the patron is still responsible for any collections fees incurred on their account.

Loan Periods and Renewals

Library Materials Initial Loan Period Renewal Period Number of Renewals All books and Periodicals 28 days 14 days 3
DVDs/BluRay 7 days 7 days 1
Music CDs 14 days 14 days 3
Tech Devices 28 days 14 days 1

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RESOLUTION NO. 2022 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA

TO ELIMINATE LIBRARY OVERDUE MATERIAL FINES TO ENSURE EQUITABLE

ACCESS TO LIBRARY SERVICES

WHEREAS, the City of National City Public Library ( “NCPL”) currently charges overdue fines for materials not returned on time; and
WHEREAS, NCPL staff and the City of National City’s Board of Library Trustees reviewed research by the American Library Association and other library systems regarding the practice of imposing overdue fines on library patrons; and WHEREAS, overdue fines have been found to present an economic barrier to accessing library materials and services that is detrimental to the population NCPL seeks to serve; and
WHEREAS, there is evidence that eliminating overdue fines increases library usage and library card registration and results in the recovery of lost material assets; and WHEREAS, replacement fees for lost, damaged, or unreturned materials remain in place and incentivize the return of library materials; and WHEREAS, City staff requests the City Council eliminate library overdue material fines to ensure equitable access to library services.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1: Authorizes the elimination of library overdue material fines to ensure equitable access to library services.

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

PASSED and ADOPTED this 3rd day of May, 2022.

Alejandra Sotelo-Solis, Mayor

ATTEST:

Luz Molina, City Clerk

APPROVED AS TO FORM:

Charles E. Bell Jr., City Attorney
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The following page(s) contain the backup material for Agenda Item: Notice of Decision – Planning Commission approval of a Conditional Use Permit for beer and wine sales at a new restaurant (BB.Q Chicken) located at 2527 East Plaza Blvd. (Applicant: Shimon G&M, Inc.) (Case File 2022-07 CUP) (Planning)
Please scroll down to view the backup material.
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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:
___________________
________________
May 3, 2022
Notice of Decision – Planning Commission approval of a Conditional Use Permit for beer and wine sales at a new restaurant (BB.Q Chicken) located at 2527 East Plaza B lvd. (Applicant: Shimon G&M, Inc.) (Case File 2022-07 CUP)
Community Development
The applicant is requesting to sell beer and wine sales in conj unction with food sales at a proposed 1,600 square-foot restaurant (BB.Q Chicken) for on-site consumption o nly (ABC Type 41). The proposed operation hours are 11:00 a.m. to 11:00 p.m. daily. There will be indoor seating for 36.

The Planning Commission conducted a public hearing on April 18, 2022. Commissioners asked questions regarding parking, staff training, and other area businesses. T he 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 . R e d u c e d P l a n s

2. Planning Commission Staff Report 5. Planning Commission PowerPoint presentation

3. Resolution No. 2022-13
Not a p
roject per California Environmental Quality Act (CEQA)
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: Castle, Miller, Natividad, Sanchez, Sendt, Yamane Absent: Valenzuela 619-336-4313
Martin Reeder, AICP
Director of Community Development
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ATTACHMENT 1
2022-07 CUP –2527 East Plaza Blvd. – Overhead
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Item no. 4
April 18, 2022

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

PLANNING COMMISSION STAFF REPORT
Tit
le: PUBLIC HEARING – CONDITIONAL USE PERMIT FOR
BEER AND WINE SALES AT A NEW RESTAURANT (BB.Q
CHICKEN) LOCATED AT 2527 EAST PLAZA BLVD.

Case File No.: 2022-07 CUP
Location: Northeast corner of E. Plaza Blvd. and Euclid Ave. (E uclid Plaza)
Assessor’s Parcel Nos.: 558-010-48
Staff report by: Martin Reeder, AICP – Principal Planner Applicant: Shimon G&M, Inc.

Zoning designation: MXD-1 (Minor Mixed-Use District)
Adjacent use and zoning:

North: Vallarta Supermarket / MXD-1
East: Summercrest Apartments / RM-2 (High Density Multi-Unit Residential)
South: National City Car Wash across E. Plaza Blvd. / MXC-1 (Minor Mixed-Use Corridor)
West: Windsor Heights Apartments / RM-2
Environmental review: Not a project per California Environmental Quality Act (CEQA) as defined in Section 15378
Staff recommendation: Approve
ATTACHMENT 2
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Planning Commission
Meeting of April 18, 2022

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Staff Recommendation
Staff recommends approval of the request for beer and wine sales, subject to the attached recommended conditions. The sale of beer and wine is a conditionally- allowed use in the Minor Mixed-Use District (MXD-1) zone and would be accessory to food sales at the restaurant.

Executive Summary
The property has been a restauran t for several years and has re cently changed hands. The new tenant (BB.Q Chi cken) proposes to sell beer and wine, in conjunction with food sales, from 11:00 a.m. to 10:00 p.m. daily.

Site Characteristics
The project site is a suite in a commercial pad building that i s part of the Euclid Plaza shopping center. The center, located on the northeast corner of East Plaza Blvd. and Euclid Avenue is also home to Walgreens and Vallarta Supermarket, among others. The property is approximately 1.7 acres in size. The suite is 1,600 square feet in size and occupies approximately a quarter of the building, with the remaining space occupied by San Diego County Credit Union.

The area is mostly commercial in nature, with some apartment co mmunities located to the east and to the northwest. The property is in ce nsus tract 120.02, which includes the area from East Plaza Blvd. north to East 8 th Street, and between Interstate 805 and Paradise Valley Road. The attached c ensus tract map shows the location of the subject tract (Attachment 6).

Proposed Use
The applicant is proposing to se ll beer and wine in conjunction with on-site food sales in the new 1,600 square-foot restaurant (ABC Type 41). Pr oposed operation hours are 11:00 a.m. t o 10:00 p.m. daily. There will be seating for 36 people inside the restaurant.

Analysis
Section 18.30.050 of the Land Use Code allows for on-site alcoh ol sales with an approved Conditional Use Permit ( CUP). Additional requirements for alcohol CUPs include expanded notification, a community meeting, and di stance requirements.
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Planning Commission
Meeting of April 18, 2022

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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 944 occupants and owners.

Community Meeting – Pursuant to Section 18.30.050 (C) of the Na tional City Zoning Code, a community meeti ng was held Wednesday, February 1 6, 2022 at 10:00 a.m. at the subject restau rant. The meeting advertisement is attached (Attachment 8); there were no attendees. The applicant stated t hat the same occupants that were notified of t he Planning Commission meeting were notified of the community meeting.

Distance Requirements – Chapter 18.030.050 (D) of the National City Zoning Code requires a 660-foot distance from any public school; there are no schools within 660 feet of the site, al though there is property owned b y the National School District approximately 400 feet away. The property is ad jacent to Palmer Way Elementary School and is considered with regard to distance . However, restaurants with greater than 30% of their area devoted to seat ing are exempt from this distance requirement. The property in question has ap proximately 40% of its floor area devoted to seating.

Alcohol Sales Concentration/Location
Per the California Department of Alcoholic Beverage Control (AB C), there are currently four on-sale licenses in census tract 120.02 and a ma ximum of four are recommended, meaning that the census tract is not considered by ABC to be over-saturated with regard to a lcohol sales outlets, although i t would be if an additional license were granted. For reference, the outlets are:

Name Address License Type* CUP
Tita’s Kitchenette II 3421 E Plaza Blvd 41 Y
Los Tito’s Mexican Food 917 S Euclid Ave 41 Y
Las Islas Filipinas 933 S Harbison Ave 41 N
The Ace Crab 3403 E Plaza Blvd 41 Y
* Type 41 - On-Sale Bee
r and Wine
Poli
ce Department (PD)
The ABC Risk Assessment provided by PD allocated a total of 12 points, which places it in the Low Risk category. Low risk is considered 12 p oints or less. PD comments are included as Attachment 7.
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Planning Commission
Meeting of April 18, 2022

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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 standard condi tion of approval and is included with this report.

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 the MXD-1 zone pursuant to a CUP and the proposed use meets the requir ed guidelines in the Land Use Code for alco hol sales, as discussed in the staff report.

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. There is no Specific Plan in the area.

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 space, which was previously analyzed for traffic impacts when it 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 would be incidental to the primary use of food sales. A restaurant existed on the site previously.
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Planning Commission
Meeting of April 18, 2022

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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 w ill only be available with the sale of food. In addition, all staff members serving alcohol are required to receive RBSS training.

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 in the MXD-1 zone.

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.

Alcohol sales will contribute to the viability of the restaurant, an allowed use in the MXD-1 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
Due to there being other on-sale sites in the area, there are also findings for denial as follows:

1. The proposed use is not deemed essential to the public necessity, as there are already four other outlets in the same census tract that serve alcohol.

2. Based on the above finding, public convenience and necessity will not be served by a proposed use of the property for the retail sale of alcoholic beverages pursuant to law.
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Planning Commission
Meeting of April 18, 2022

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Conditions of Approval
Standard Conditions of Approval have been included with this pe rmit as well as conditions specific to on-site alcohol sales per Council Policy 707 (hours of operation, employee training, and accessory sales, etc.).

Summary
The proposed use is consistent with the General Plan due to alcohol sales for on- site consumption being a conditi onally-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 expect ed 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 locate d is not considered to be over-concentrated with regard to on-sale alcohol licenses (although it would be if another license is approv ed), and beer and wine will only be available with the sale of food.

Options

1. Approve 2022-07 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 2022-07 CUP based on the attached finding or findings to be determined by the Planning Commission; or,

3. Continue the item to a specific date in order to obtain additional information. 305 of 373
Planning Commission
Meeting of April 18, 2022

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Attachments

1. Recommended Findings

2. Recommended Conditions of Approval

3. Overhead

4. Applicant's Plans (Exhibit A , Case File No. 2022-07 CUP, dated 1/10/2022)

5. Public Hearing Notice (Sent to 944 property ow ners & occupants)

6. Census Tract & Police Beat Maps

7. PD comments

8. Community Meeting Advertisement

9. Resolutions

MARTIN REEDER, AICP ARMANDO VERGARA
Planning Manager Director of Community Development
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RECOMMENDED FINDINGS FOR APPROVAL
2022-07 CUP – BB.Q Chicken

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 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 Sp ecific 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 e lement 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 space, which was previously analyzed for traffic impacts when it 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 and live entertainment would be accessory to the primary use of food sales, and because a restaurant existed on the site previously.

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 (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 in the MXD-1 zone. 307 of 373

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.

RECOMMENDED FINDINGS FOR DENIAL
2022-07 CUP – BB.Q Chicken

1. The proposed use is not deem ed essential to the public neces s i t y , a s t h e r e a r e already four other outlets in the same census tract that serve alcohol.

2. Based on the above finding, public convenience and necessity will not be served by a proposed use of the property for the retail sale of alcoholic beverages pursuant to law.
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RECOMMENDED CONDITIONS OF APPROVAL
2022-07 CUP – BB.Q Chicken
General

1. This Conditional Use Permit authorizes the sale of beer and wine for on-site consumption at a proposed restaur ant (BB.Q Chicken) located at 2527 East Plaza Blvd. Plans submitted for permits associated with this project shall conform to Exhibit A, Case File No. 2022-07 CUP, dated 1/10/2022.

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 at such time as there is no longer a Type 41 California Department of Alcoholic Beverage Control license ass ociated with the property.

4. 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.

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 permi tted until the applicant has been issued a Type 41 license from the California Department of Alcoholic Beverage Control.

8. All sellers and servers of alc ohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must 309 of 373
be
certified by the Department o f Alcoholic Beverage Control (A B C ) . P r o o f o f 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 11:00 a.m. and 10 p.m. daily.

10. The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the busine ss 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 a r e a u t h o r i z e d t o examine, audit and inspect such books and records of the licens e, 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. Permittee shall post signs at all exits to outdoor areas, i ndicating that alcoholic beverages must be consumed inside the restaurant or patio area and may not be taken off-premises.

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

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

Police

15. 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. 310 of 373

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

NOTICE OF PUBLIC HEARING

CONDITIONAL USE PERMIT FOR BEER AND WINE SALES
AT A NEW RESTAURANT (BB.Q CHICKEN)
LOCATED AT 2527 EAST PLAZA BLVD.

CASE FILE NO.: 2022-07 CUP
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, April 18, 2022 on the proposed request.

The meeting will be LIVE WEBCAST from the City Council Chamber, 1243 National City Boulevard, National City, California. (Applicant: Shimon G&M, Inc.) Due to the precautions taken to combat the spread of coronaviru s (COVID-19), City Council Chambers is 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 sell beer and wine in conjunction with on-site food sales in the new 1,600 square-foot rest aurant (ABC Type 41). Proposed op eration hours are 11:00 a.m. to 10 p.m. daily. There will be seating for 36 people inside the restaurant.

Members of the public are invited to comment. Written comments should be received on or before 4:00 p.m., April 18, 2022 by the Planning Division, who 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

ARMANDO VERGARA
Director of Community Development
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CensusTracts 2010
August 25, 2014
0 0.75 1.50.375 mi
0 1 20.5 km
1:45,467
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City of National City
Beat 21
Source: Microsoft Mappoint
NCPD CAU, 4/18/07
313 of 373
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
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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:

Revi
sed: 8/16
2 of 2
Low Risk ( 12pts or less)
Medium Risk (13 – 18pts)
High Risk (19 – 24pts)
Total Points
315 of 373

INVITATION TO COMMUNITY MEETING
DATE:

WEDNESDAY, FEB. 16th, 10:00 AM
Subject site:
2527 E. Plaza Blvd., National City, CA 91950
Meeting Location:
2527 E. Plaza Blvd., National City, CA 91950
ABOUT:

You are invited to attend a community meeting to provide the detail of new restaurant, BBQ National City and Q&A for any concern.

APN: 558-0
10-48-00
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RESOLUTION NO. 2022-13

A RESOLUTION OF THE PLANNING COMMISSION

OF THE CITY OF NATIONAL CITY, CALIFORNIA

APPROVING A CONDITIONAL USE PERMIT

FOR BEER AND WINE SALES AT A
NEW RESTAURANT (BB.Q CHICKEN)
LOCATED AT 2527 EAST PLAZA BLVD.

CASE FILE NO. 2022-07 CUP
APN: 558-010-48
WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for beer and wine sales at a new restaur ant (BB.Q Chicken) located at 2527 East Plaza Blvd. at a duly advertised public hearing held on April 18, 2022, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission consi dered the staff report contained in Case File No. 2022-07 CUP maintained by the City and incorporated herein by referenc e along with evidence and testim ony at said hearing; and,
WHEREAS, this action is taken pursuant to all applicable proce dures required by State law and City law.

NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, t hat the testimony and evidence presented to the Planning Commission at the public hearing held on April 18, 2022, support the following findings:

1. The proposed use is allowable within the applicable zoning d istrict pursuant to a Conditional Use Permit and complies with all other applicable p rovisions 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.

ATTACHMENT 3
317 of 373

3. The
design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in t he 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, utilit ies, and the absence of physical constraints, because the proposed alcohol sales and live entertainment would be accessory to the primary use of food sales, and because a restaurant existed on the site previously.

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 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 th e California Environmental Quality Act (CEQA) and is not considered a projec t 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 in the MXD-1 zone.

BE IT FURTHER RESOLVED that the application for a Conditional U se 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 (BB.Q Chicken) located at 2527 East Plaza Blvd. Plans submitted for permits associated with this project shall conform to Exhibit A, Case File No. 2022-07 CUP, dated 1/10/2022.

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 318 of 373
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 C ounty Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval o f the Conditional Use Permit are binding on all present or future interest holders or estat e holders of the property. The Notice of Restriction shall be approved as to for m 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 Alcoho lic Beverage Control license ass ociated 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 resol ution 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 o f Alcoholic Beverage Control (A B C ) . P r o o f o f completion of an approved RBSS program must be provided prior t o issuance of a city business license. As part of the RBSS training, the permit tee shall make available a domestic violence training session as provided by t he Institute of Public Strategies.

9. The sale of alcoholic beverages shall only be permitted betw een the hours of 11:00 a.m. and 10 p.m. daily.

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 s tatement 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 licens e, as may be 319 of 373
necessary i
n 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. Permittee shall post signs at all exits to outdoor areas, i ndicating that alcoholic beverages must be consumed inside the restaurant or patio area and may not be taken off-premises.

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

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

15. A non-combustible cover shall be provided, subject to any required building permits, for the trash enclosure.

Police

16. The permittee shall comply with all regulatory provisions o f the Business and Professions Code that pertain to the sale, serving, and consump tion of alcoholic beverages.

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

BE IT FINALLY RESOLVED that this Resolution shall become effect ive and final on the day following the City Council meeting where the Plannin g Commission resolution is set for review, unless an appeal in writing is fi led with the City Clerk prior to 5:00 p.m. on the day of that Cit y Council meeting. The City Cou ncil may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing.
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CERTIFICATION:

This certifies that the Resolution was adopted by the Planning Commission at their meeting of April 18, 2022, by the following vote:

AYES: Sendt, Yamane, Sanchez, Natividad, Castle, Miller NAYS: None.

ABSENT: Valenzuela.

ABSTAIN: None.
________________________

C H A I R P E R S O N
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ATTACHMENT 4
Exhibit "A"
Case File No.: 2022-07 CUP
Date: 1/10/2022
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Public Hearing
Conditional Use Permit
for beer and wine sales at a
new restaurant (BB.Q Chicken)
located at 2527 E. Plaza Blvd.
2022-07 CUP
Overhead
ATTACHMENT 5
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Site Characteristics:
 Shopping center at northeast corner of Plaza & Euclid  MXD-1 zone
 1.7- acres
 Vallarta, Walgreens, SDCCU
 Existing suite – T.I. for new restaurant (BB.Q Chicken)  1,600 ft² in size
 No outside seating
Proposal:
 Applicant requesting beer and wine sales
 ABC Type 41
 Incidental to restaurant use
 Hours of operation are 11:00 a.m. to 10:00 p.m. daily  Alcohol sales hours proposed to be the same
 No live entertainment is proposed
 36 seats all located indoors
324 of 373
Floor Plan
Analysis:
 Request consistent with Code requirements (alcohol):
 Mailing – 660 feet owners/occupants (944)
 Community Meeting (2/16)
 Distance from schools (n/a)
 Census Tract 120.02
 Plaza Blvd north to E. 8th St.; I-805 to Paradise Valley Rd.  Tract not considered over-concentrated
 4 on-sale licenses where 4 recommended
 1 more would mean overconcentration
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Analysis (cont.):
 PD comments:
 Risk Assessment
 12 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 MXD-1 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 currently over-concentrated
 Beer and wine will only be available with the sale of food 326 of 373
 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
327 of 373

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 2435 Sweetwater Road. (Applicant:

DISH Wireless) (Case File 2022-10 CUP) (Planning)
Please scroll down to view the backup material.
328 of 373

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:
___________________
________________
May 3, 2022
Notice of Decision – Planning Commission approval of a Conditio nal Use Permit for the modification of an existing wireless communications facility located at 2435 Sweet water Road. (Applicant: DISH Wireless) (Case File 2022-10 CUP)
Community Development
The current project location is the Super 8 hotel at 2435 Sweet water Road. The property is located on the northwest corner of Sweetwater Road and Cypress Street in the M XD-2 zone. The existing facility consists of nine antennas located behind a screening wall designed to match the architecture of the building. The proposed facility would utilize the existing screen and would install a new architecturally-compatible screen on another part of the building to the east. The new screen would be the same height of the current facility. DISH Wireless proposes to install one sector of antennas in the previous area and two new sectors in the new location.

The Planning Commission conducted a public hearing on April 18, 2022 and 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. Reduced Plans

2. Planning Commission Staff Report 5. PowerPoint presentati on from Planning Commission meeting

3. Resolution No. 2022-14
Categorically Exempt pursuant to Class 3 Section 15303 (New Construction or Conversion of small structures) FINAL ADOPTION:

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

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

Ayes: Castle, Miller, Natividad, Sanchez, Sendt, Yamane Absent: Valenzuela 619-336-4313
Martin Reeder, AICP
Director of Community Development
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ATTACHMENT 1
2022-10 CUP – 2435 Sweetwater Road – Overhead
New Antennas
Existing Antennas
1 330 of 373
Item no. 5
April 18, 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 2435
SWEETWATER ROAD.

Case File No.: 2022-10 CUP
Location: Super 8 by Wyndham hotel
Assessor’s Parcel No.: 564-250-50
Staff report by: Martin Reeder, AICP – Principal Planner Applicant: Kim Ice for DISH Wireless
Zoning designation: MXD-2 – Major Mixed-Use District
Adjacent land use/zoning:

North: Residential / RS-2 (Small Lot Residential)
East: Residential and commercial (restaurant and bar) across Cypress Street / RS-2 and MXD-2 respectively
South: State Route 54 across Sweetwater Road / OS (Open Space) West: 7-Eleven / MXD-2
Environmental review: Categorically Exempt pursuant to Class 3 Section 15303 (New Construction or Conversion of small structures)
Staff recommendation: Approve
ATTACHMENT 2
2 331 of 373
Planning Commission
Meeting of April 18, 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 continue to incorporate screening to make the facility unobtrusive, consist ent with Land Use Code (LUC) requirements.

Executive Summary
DISH Wireless has applied for a CUP to modify an existing appro ved wireless telecommunications facility and install associated equipment. M odifications include upgraded antennas, a new antenna sector, and screening of all proposed antennas.

Site Characteristics
The current project location is the Super 8 hotel at 2435 Sweet water Road. The property is located on the northwest corner of Sweetwater Road and Cypress Street in the MXD-2 zone. There is a single-family neighborhood to the north, both in the City and the community of Lincoln Acres (San Diego County), State Route 54 to the south. Other commercial uses located along Sweetwater Road east and west, including 7 Eleven, 664 TJ Birreria, and N City Sports Lounge.

Proposal
The existing facility consists of nine antennas located behind a screening wall designed to match the architecture of the building. The proposed facilit y would utilize the existing screen and would install a new arc hitecturally-compatible screen on another part of the building to the east. The new screen would be the same height o f the current facility.

Photo simulations and plans are attached as Attachment 7.

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 LUC, because wireless communications facilities are a condition ally-allowed use in the MXD-2 zone.

The LUC requires that telecomm unication facilities be sensitive ly 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. 3 332 of 373
Planning Commission
Meeting of April 18, 2022

Page 2 ends

The LUC also requires telecommunication facilities to be located at least 75 feet from any habitable structure on a separate property. The proposed facility meets this requirement, as the closest habitable building on another property is located approximately 85 feet away to the north.

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 Exemption will be filed subsequent to approval of this CUP. Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small n ew 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 exterior of the structure. The proposed use would be consistent with this description as a new, small facility.

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

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

1. The proposed use is allowable within the applicable zoning d istrict pursuant to a CUP 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 facility meets the required telecommunication facility design guidelines that include providing the minimum distance requirements from habitable space and screening the facility.

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

General Plan Policy E-3.3 encourages access to wireless internet connections, computers, and other forms of communication technology: the proposed facility will provide increased internet/cellular data as well as standard cellphone service capability. In addition, the proposed facility is a conditionally-permitted use in the MXD-2 zone. 4 333 of 373
Planning Commission
Meeting of April 18, 2022

Page 3 ends

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

The facility will be located on t he roof of the building withou t interfering with the existing use. No future expansion of the building is proposed that the facility would conflict with. The screening for the antennas will match the architectural style of the building, in compliance with the LUC.

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

The site is suitable for the proposed telecommunication facilit y because the building on which the facility will be located is existing, no expansion or future use that the proposal would conflict with is anticipated, and the facility will meet all development standards and distance requirements.

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

6. That the proposed project has been reviewed in compliance 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.

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 5 334 of 373
Planning Commission
Meeting of April 18, 2022

Page 4 ends

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.

All property owners and occupants within 300 feet of the project were notified of the public hearing. In this case, the total number of persons notified was 103.

Summary
The proposed project is consistent with the General Plan and LU C in that it meets all applicable design requirements for wireless communication facil ities. The project is considered ‘stealth’ in that it would screen the antennas from adjacent uses. The modified facility will improve coverage in the area for DISH Wireless customers.

Options

1. A
pprove 2022-10 CUP subject to the attached conditions, and based on attached findings or other findings as determined by the Planning Commission; or

2. Deny 2022-10 CUP based on findings as determined by the Planning Commission; or,

3. Continue the item for additional information
6 335 of 373
Planning Commission
Meeting of April 18, 2022

Page 5 ends

Attachments

1. R
ecommended Findings

2. Recommended Conditions

3. Overhead

4. Existing Wireless Fa cilities Map & List

5. Public Hearing Notice (Sen t to 103 property owners and occupants)

6. Notice of Exemption

7. Applicant's Plans (Exhibits A and B, Case File No. 2022-10 CUP, dated 2/3/2022)

8. Resolution

MARTIN REEDER, AICP ARMANDO VERGARA
Principal Planner Director of Community Development
7 336 of 373

RECOMMENDED FINDINGS FOR APPROVAL
2022-10 CUP – 2435 Sweetwater Road

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 use is allowable within the MXD-2 zone pursuant to a CU P, and the proposed facility meets the required telecommunication facility design guidelines that include providing the minimum di stance requirements from habita ble 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 modifications provide increased internet/cellular data as well as standard cellphone service capab ility. In addition, the propose d facility is a conditionally-permitted use in the MXD-2 zone.

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

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

5. That granting the permit 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 will not be highly visible due to the height of the building compared to other development in the area, and because of screening walls around the antennas.
8 337 of 373

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 Construction or Conversion of Small Structures), for which a Notice of Exemptio n will be filed subsequent to approval of this CUP.
9 338 of 373

RECOMMENDED CONDITIONS OF APPROVAL
2022-10 CUP – 2435 Sweetwater Road
General

1. This Conditional Use Permit authorizes the modification of an existing wireless communications facility at 2435 Sweetwater Road. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A and B, Case File No. 2022-10 CUP, dated 2/3/2022. Any additional antennas or facilities must be in substantial conformance with the design for installation shown on these plans.

2. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Division that a Notice of Restriction on Real Property is recorded with the County Recorder. The 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.

6. This Conditional Use Permit may be revoked if the operator is found to be in violation of any Conditions of Approval.
10 339 of 373
Building

7. Plans submitted for demolition and construction improvements s h a l l c o m p l y w i t h t h e current editions of the California Building, Electrical, Plumbing, Mechanical, and Fire Codes.

Fire

8. 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).

9. 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

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

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

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.
11 340 of 373
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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
12 341 of 373
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.
13 342 of 373
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. 14 343 of 373
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 15 344 of 373
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, 16 345 of 373
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 17 346 of 373
86 563-063-29 2563 Grove St P91-026W
Monopole located aside live palm trees.
18 347 of 373

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 2435 SWEETWATER ROAD.

CASE FILE NO.: 2022-10 CUP
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, April 18, 2022 on the proposed request.

The meeting will be LIVE WEBCAST from the City Council Chamber, 1243 National City Boulevard, National City, California. (Applicant: DISH Wireless) Due to the precautions taken to combat the spread of coronaviru s (COVID-19), City Council Chambers is 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 current project
site is a S uper 8 hotel with an existing wi reless communications facility located on the roof. The existing facility consists of nine antennas located behind a screening wall designed to match the architecture of the buil ding. The proposed facility would utilize the existing screen and would install a new architecturally- compatible screen on another part of the building. The new scre en would be the same height of the current facility.

NATIONAL CITY PLANNING DIVISION

ARMANDO VERGARA
Director of Community Development
19 348 of 373
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:

Project Title:

City of National City
2022-10 CUP
Project Location: 2435 Sweetwater Road, 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 hotel building. The project would increase signal strength and service area for DISH Wireless customers.

Applicant: Telephone Number:

Kim Ice, OBO DISH Wireless (760) 650-6268
40647 La Salle Place
Murrieta, CA 92563
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 be screened by new screening walls and 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
20 349 of 373
RESOLUTION NO. 2022-14

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 2435 SWEETWATER ROAD.

CASE FILE NO. 2022-10 CUP
APN: 564-250-50
WHEREAS, the Planning Commission of the City of National City c onsidered a Conditional Use Permit for the m odification of an existing wire less communications facility located at 2435 Sweetwater Road at a duly advertised p ublic hearing held on February 7, 2022, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission consi dered the staff report contained in Case File No. 2022-10 CUP maintai ned by the City and incorporated herein by referenc e along with evidence and testim ony at said hearing; and,
WHEREAS, this action is taken pursuant to all applicable proce dures required by State law and City law; and,
WHEREAS, the action recited herein is found to be essential fo r the preservation of public health, safety, and general welfare.

1. That the proposed use is allowable within the applicable zon ing district pursuant to a CUP and complies with all other applicable provisions of the La nd Use Code, because use is allowable within the MXD-2 zone pursuant to a CUP, and the proposed facility meets the required telecommunication facility design guidelines that include providing the minimum distance requirements from habitable space and screening the facility.

2. That the proposed use is consis tent with the General Plan an d any applicable specific plan, because General Plan Policy E-3.3 encourages access to wireless internet connections, computers, and other forms of communication technology: the proposed facility modifications provide increased internet/cellular data as well as ATTACHMENT 3
21 350 of 373
standard cellphone service capability. In addition, the proposed facility is a conditionally-permitted use in the MXD-2 zone.

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 will be located on the roof of the building withou t interfering with the existing use. No future expansion of the building is proposed that the facility would conflict with. The screening for the antennas will match the architectural style of the building, in compliance with the LUC.

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

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), f or which a Notice of Exemptio n will be filed subsequent to approval of this CUP.

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

General

1. This Conditional Use Permit authorizes the modification of an existing wireless communications facility at 2435 Sweetwater Road. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A and B, Case File No. 2022-10 CUP, dated 2/3/2022. A ny additional antennas or facilities must be in substantial conformance with the design for installation shown on these plans.

The applicant shall also submit evidence to the satisfaction of the Planning Division that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval o f the Conditional Use Permit are binding on all present or future interest holders or estat e 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.

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.

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

Building

7. Plans submitted for demoliti on and construction improvements shall comply with the current editions of the California Building, Electrical, Plumbing, Mechanical, and Fire Codes.

Fire

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

9. 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

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

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 effect ive 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 fi led 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 t he Planning Commission and set t he matter for public hearing.

CERTIFICATION:

This certifies that the Resolution was adopted by the Planning Commission at their meeting of April 18, 2022, by the following vote:

AYES:

Sendt, Yamane, Sanchez, Natividad, Castle, Miller
NAYS: None.
________________________
ABSENT: Valenzuela
ABSTAIN: None. C H A I R P E R S O N
24 353 of 373
T-1

SHEET INDEXVICINITY MAP

DIRECTIONS

SITE INFORMATIONPROJECT DIRECTORY
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:

DISH Wireless L.L.C. SITE ADDRESS:

SCOPE OF WORK

CALIFORNIA - CODE COMPLIANCE
SDSAN00100A
2435 SWEETWATER RD.,
NATIONAL CITY, CA 91950
·
·
·
·
·
·
·
·
·
·
·
·
·
ATTACHMENT 4
Exhibit A
Case File No.: 2022-10 CUP
Date: 2/3/2022
25 354 of 373
A-1
1 CYPRESS ST.

CL
S
W
E
E
T
W
A
T
E
R
R
D
.

CL
26 355 of 373
A-2
2 1
27 356 of 373
A-4
2 1
28 357 of 373
A-4
2 1
29 358 of 373
Exhibit B
Case File No.: 2022-10 CUP
Date: 2/3/2022
30 359 of 373
31 360 of 373
32 361 of 373
33 362 of 373
Public Hearing
Conditional Use Permit
for modification of existing
wireless communications facility
at 2435 Sweetwater Road.
2022-10 CUP
Overhead
New Antennas
Existing Antennas
ATTACHMENT 5
34 363 of 373
Site Characteristics:
 4-story Super 8 hotel
 Existing facility on the roof
 Existing panel antennas mounted behind architectural feature above building entrance (sign)
 Nine antennas
 Previous CUP approved at the site (2000)
 Sprint
Site Photo
35 364 of 373
Proposal:
 Additional sector (1 panel antenna) in existing
enclosure facing W
 New architectural tower element east of existing
element
 2 new sectors facing NE and SE
 All antennas fully screened by architectural feature
 (Condition of approval)
 CUP is required for expansion of existing facilities
 New facility designed to address area of weak service Site
Plan
36 365 of 373
Site
Plan
Elevation
37 366 of 373
Elevation
New Antennas
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 MXD-2
 Screening of facility
 Located at least 75 feet from habitable structures on other properties
38 367 of 373
Analysis (cont.):
 Public noticing – 103 people
 No public comment
 1996 Telecommunications Act
 No regulation based on RF emissions
 Compliance with FCC limits
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
39 368 of 373
 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:

Elevation
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Item # ___
05/03/22

STAFF REPORT

COMMUNITY SERVICE DAY

UPCOMING EVENT DATES

(Library & Community Services)

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The following page(s) contain the backup material for Agenda Item: City Manager Report. (City Manager)
Please scroll down to view the backup material.
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Item # ___
05/03/22
City Manager Report

(City Manager)
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National City City CouncilMay 3, 2022

National City City Council
May 3, 2022