Planning Commission
Meeting of August 1, 2022
6. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA).
The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and has been determined to be categorically exempt from environmental review pursuant to Class 1, Section 15301 (Existing Facilities) for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. The reason for the exemption is that no expansion of the building is proposed and the use would basically be the same as the current use and is similar to other commercial uses in the area, which are permitted by right in the MXD-2 zone.
The following two findings are also included with alcohol CUPs:
7. The proposed use is deemed essential and desirable to the public convenience or necessity.
In this case, the sale of beer and wine will contribute to the diversity of local commercial offerings in the area, an allowed use in the MXD-2 zone.
8. Based on findings 1 through 7 above, public convenience and necessity will be served by a proposed use of the property for the on-site sales of alcoholic beverages pursuant to law.
Findings for Denial
There are three findings for denial as follows:
1. The proposed use is not deemed essential and desirable to the public convenience and welfare, because there are two other Type 20 -license outlets within a half-mile of the site:
Outlet Name Address ABC license type
Walmart 1200 Highland Ave. 20
7 Eleven 1539 Highland Ave. 20
2. Granting the permit would constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare,
Planning Commission
Meeting of August 1, 2022
or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the census tract in which the subject property is located is currently over -concentrated with regard to off -sale alcohol outlets – eight off -sale outlets are permitted where four are recommended by the California Department of Alcoholic Beverage Control – and the area has a high crime rate, which may be exacerbated by the addition more of beer and wine.
3. Based on findings 1 and 2 above, public convenience and necessity will not be served by an additional off-sale beer and wine alcohol license pursuant to law.
Conditions of Approval
Conditions of Approval include those specific to off-site alcohol sales per Council Policy 707 ( alcohol container volume, size, and number; RBSS training, hours , accessory sales, etc.).
Summary
The proposed use is consistent with the General Plan due to alcohol sales for o ff- site consumption being a conditionally-allowed use in MXD -2. Beer and wine sales at a grocery and retail store would contribute to the diversity of the commercial offerings on Highland Avenue. However, the area is considered to be a high crime area and there are already two other outlets in close proximity that offer beer and wine . Conditions requiring compliance with City Council Policy 707 are intended to alleviate concerns related to area impacts should the CUP be approved. The decision of the Planning Commission will be relayed to the City Council for filing or potentially another public hearing if necessary.
Options
1. Approve 2022-16 CUP subject to the conditions listed within , based on the attached findings, or findings to be determined by the Planning Commission; or
2. Deny 2022-16 CUP based on the attached findings or findings to be determined by the Planning Commission; or,
3. Continue the item to a specific date in order to obtain additional information.
Planning Commission
Meeting of August 1, 2022
Attachments
1. Recommended Findings
2. Recommended Conditions of Approval
3. Overhead
4. Applicant's Plans (Exhibit A, Case File No. 2022-16 CUP, dated 4/26/2022)
5. Public Hearing Notice (Sent to 823 property owners & occupants)
6. Census Tract & Police Beat Maps
7. PD Risk Assessment
8. Community Meeting Advertisement
9. Resolutions
DAVID WELCH ARMANDO VERGARA Associate Planner Director of Community Development
ATTACHMENT 1
RECOMMENDED FINDINGS FOR APPROVAL
2022-16 CUP – The 99 Cents Only Store #101
1. The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, because the use is allowable within MXD -2 pursuant to a CUP and the proposed us e meets the required guidelines in the Land Use Code for alcohol sales, as discussed in the staff report.
2. Alcohol sales are permitted, subject to a CUP, by the Land Use Code, which is consistent with the General Plan. No specific plan exists for 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, because no expansion of the building is proposed. The proposal involves an existing commercial building, which was previously analyzed for traffic impacts when the building was constructed.
4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, because t he proposed alcohol sales outlet would be consistent with other commercial businesses in the area accessory to the existing grocery and retail business.
5. Granting the permit would not constitute a nuisance or be injurious or detriment al to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, the proposed use would be subject to conditions that limit the hours and manner in which alcohol is sold.
6. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and has been determined to be categorically exempt from environmental review pursuant to Class 1, Section 15301 (Existing Facilities) for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. The reason for the exemption is that no expansion of the building is proposed and use would basically be the same as the current use and is similar to other commercial uses in the area, which are permitted by right in the MXD-2 zone.
7. The proposed use is deemed essential and desirable to the public convenience or necessity, because the sale of distilled spirits sales will contribute to the diversity of local commercial offerings in the area, an allowed use in the MXD-2 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.
RECOMMENDED FINDINGS FOR DENIAL
2022-16 CUP – The 99 Cents Only Store #101
1. The proposed use is not deemed essential and desirable to the public convenience and welfare, because there are two other Type 20-license outlets within a half-mile of the site:
Outlet Name Address ABC license type
Walmart 1200 Highland Ave. 20
7 Eleven 1539 Highland Ave. 20
1. Granting the permit would constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the census tract in which the subject property is located is currently over-concentrated with regard to off -sale alcohol outlets – eight off-sale outlets are permitted where four are recommended by the California Department of Alcoholic Beverage Control – and the area has a high crime rate, which may be exacerbated by the addition of beer and wine.
2. Based on findings 1 and 2 above, public convenience and necessity will not be served by an additional off-sale beer and wine alcohol license pursuant to law.
ATTACHMENT 2
RECOMMENDED CONDITIONS OF APPROVAL
2022-16 CUP – The 99 Cents Only Store #101
General
1. This Conditional Use Permit authorizes the sale of beer and wine for off-site consumption at a n existing retail store (The 99 Store) located at 1320 Highland Avenue. Plans submitted for permits associated with this project shall conform to Exhibit A, Case File No. 2022-16 CUP, dated 4/26/2022.
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 rec orded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Director of Community Development prior to recordation.
3. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in the Municipal Code.
4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time.
5. This Conditional Use Permit may be revoked if the operator is found to be in violation of any Conditions of Approval or applicable law.
Planning
6. The sale of alcoholic beverages shall be limited to between the hours of 7:00 am to 10:00 pm Tuesday and Thursday and 8:00 am to 10:00 pm all other days of the week.
7. No display of alcohol within 20 feet of the exit is permitted.
8. The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited.
9. No beer products shall be sold of less than manufacturer’s pre-packaged three-pack quantities of 24 ounce cans per sale. There shall be no sale of single cans or bottles.
10. Wine shall not be sold in containers of less than 750 milliliters. The sale of wine with an alcoholic content greater than 15% by volume is prohibited.
11. Flavored malt beverages, also known as premium malt beverages and flavored malt coolers, and sometimes commonly referred to as wine coolers, may be sold only by four-pack or other manufacturer’s pre-packaged multi-unit quantities.
12. The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking lots and outbuildings and any property or adjacent property under the control of the Permittee.
13. All cups and containers shall be sold at or above prevailing prices and in their original multi-container packages of no fewer than 12, and no cups and containers shall be given free of charge.
14. Ice may be sold only at or about prevailing prices in the area and in quantities of not less than three pounds per sale. Ice shall not be provided free of charge.
15. The display of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit A, Case File No. 2022-16 CUP, dated 4/26/2022.
16. The Permittee shall post signs in compliance with the requirements and specifications of subsection B of section 10.30.070 on each exterior wall of the l icensed premises that faces a vehicle parking lot, to read as follows:
“WARNING
It is unlawful to drink an alcoholic
beverage or to possess an open alcoholic
beverage container in public or in a public parking lot.
NCMC 10.30.050 and 10.30.060.”
17. Containers of alcoholic beverages may not be stored on the premises, after being sold to patrons, for the purpose of later consumption.
18. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition.
19. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand.
20. Every employee of the Permittee, including ownership and management, shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to commencing alcohol sales. As part of the RBSS training, the Permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies.
21. The operator of the business shall maintain an active business license and ensure that the business license is renewed annually.
Police
22. Permittee shall comply with all applicable law, including, but not limited to all regulatory provisions of the Business and Professions Code that pertain to the sale, display and marketing or merchandising of alcoholic beverages.
C
ITY OF NATIONAL CITY - PLANNING DIVISION
1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950
NOTICE OF PUBLIC HEARING
CONDITIONAL USE PERMIT FOR OFF-SALE BEER AND WINE (TYPE 20) AT AN EXISTING RETAIL STORE (THE 99 STORE)
LOCATED AT 1320 HIGHLAND AVENUE.
CASE FILE NO.: 2022-16 CUP
The National City Planning Commission will hold a public hearing at their regular online meeting after the hour of 6:00 p.m. Monday , August 1, 2022, on the proposed request. The meeting will be LIVE WEBCAST from the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: 99 Cents Only Store #101)
Due to the precautions taken to combat the continued spread of coronavirus (COVID- 19), City Council Chambers are closed to the public. Anyone interested in this public hearing may observe it on the City’s website at http://nationalcityca.new.swagit.com/views/33 .
The applicant is requesting a Conditional Use Permit for off-sale beer and wine sales in the existing 25,238 square-foot grocery and retail store. The applicant proposes a display area of 20 linear feet, which is less than 1% of the total sales area. Proposed operating hours are 7:00 a.m. to 10:00 p.m. on Tuesdays and Thursdays and 8:00 a.m. to 10:00 p.m. all other days of the week.
Information is available for review at the City’s Planning Division, Civic Center. Members of the public are invited to comment. Written comments should be r eceived by the Planning Division on or before 4:00 p.m., August 1, 2022, by submitting it to [email protected] .
Planning staff can be contacted at 619-336-4310 or [email protected].
If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing.
NATIONAL CITY PLANNING DIVISION
ARMANDO VERGARA
Director of Community Development
Sources: Esri, HERE, DeLorme, TomTom, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, MapmyIndia, © OpenStreetMap contributors, and the GIS User Community
CensusTracts 2010
August 25, 2014
0 0.75 1.50.375 mi
0 1 20.5 km
1:45,467
ATTACHMENT 6
City of National City
Beat 20
Source: Microsoft Mappoint
NCPD CAU, 4/18/07
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 1 of 2
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:
Revised: 8/16
2 of 2
Low Risk ( 12pts or less)
Medium Risk (13 – 18pts)
High Risk (19 – 24pts)
Total Points
ATTACHMENT 8
ATTACHMENT 3
RESOLUTION NO. 2022-17
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF NATIONAL CITY, CALIFORNIA
APPROVING A CONDITIONAL USE PERMIT FOR
OFF-SALE BEER AND WINE (TYPE 20)
AT AN EXISTING RETAIL STORE (THE 99 STORE)
TO BE LOCATED AT 1320 HIGHLAND AVENUE.
CASE FILE NO. 2022-16 CUP
APN: 560-050-11
WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for beer and wine sales (Type 20) at an existing retail store (The 99 Store) located at 1320 Highland Avenue at a duly advertised public hearing held on August 1, 2022, at which time oral and documentary evidence was presented; and,
WHEREAS, at said public hearing s the Planning Commission considered the staff report contained in Case File No. 2022-16 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and,
WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law.
NOW, THEREFORE, BE IT RESOLVED by the P lanning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on August 1, 2022, support the following findings:
1. The proposed use is allowable within the applic able zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, because the use is allowable within MXD -2 pursuant to a CUP and the proposed use meets the required guidelines in the Land Use Code for alcohol sales, as discussed in the staff report.
2. Alcohol sales are permitted, subject to a CUP, by the Land Use Code, which is consistent with the General Plan. No specific plan exists for the area.
3. The design, location, size, and operating c haracteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because n o expansion of the building is proposed. The proposal involves an existing commercial building, which was previously analyzed for t raffic impacts when the building was constructed.
4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, because t he proposed alcohol sales outlet w ould be consistent with other commercial businesses in the area accessory to the existing grocery and retail business.
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, t he proposed use would be subject to conditions that limit the hours and manner in which alcohol is sold.
6. The proposed pr oject has been reviewed in compliance with the California Environmental Quality Act (CEQA) and has been determined to be categorically exempt from environmental review pursuant to Class 1, Section 15301 (Existing Facilities) for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. The reason for the exemption is that no expansion of the building is proposed and use would basically be the same as the current use and is similar to other commercial uses in the area, which are permitted by right in the MXD-2 zone.
7. The proposed use is deemed essential and desirable to the public convenience or necessity, because the sale of distilled spirits sales will contribute to the diversity of local commercial offerings in the area, an allowed use in the MXD-2 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.
BE IT FURTHER RESOLVED that the a pplication for a Conditional Use Permit is approved subject to the following conditions:
General
1. This Conditional Use Permit authorizes the sale of beer and wine for off -site consumption at an existing retail store (The 99 Store) located at 1320 Highland Avenue. Plans submitted for permits associated with this project shall conform to Exhibit A, Case File No. 2022-16 CUP, dated 4/26/2022.
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 automati cally terminate the Conditional Use Permit.
The applicant shall also submit evidence to the satisfaction of the Planning Division that a Notice of Restriction on Real Property is recorded with the County Recorder.
The applicant shall pay necessary recordin g fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Director of Community Development prior to recordation.
3. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in the Municipal Code.
4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time.
5. This Conditional Use Permit may be revoked if the operator is found to be in violation of any Conditions of Approval or applicable law.
Planning
6. The sale of alcoholic beverages shall be limited to between the hours of 7:00 am to 10:00 pm Tuesday and Thursday and 8:00 am to 10:00 pm all other days of the week.
7. No display of alcohol within 20 feet of the exit is permitted.
8. The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited.
9. No beer products shall be sold of less than manufacturer’s pre -packaged three-pack quantities of 24 ounce cans per sale. There shall be no sale of single cans or bottles.
10. Wine shall not be sold in containers of les s than 750 milliliters. The sale of wine with an alcoholic content greater than 15% by volume is prohibited.
11. Flavored malt beverages, also known as premium malt beverages and flavored malt coolers, and sometimes commonly referred to as wine coolers, may be sold only by four-pack or other manufacturer’s pre-packaged multi-unit quantities.
12. The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking lots and outbuildings and any property or adjacent property under the control of the Permittee.
13. All cups and containers shall be sold at or above prevailing prices and in their original multi-container packages of no fewer than 12, and no cups and containers shall be given free of charge.
14. Ice may be sold only at or about prevaili ng prices in the area and in quantities of not less than three pounds per sale. Ice shall not be provided free of charge.
15. The display of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit A, Case File No. 2022-16 CUP, dated 4/26/2022.
16. The Permittee shall post signs in compliance with the requirements and specifications of subsection B of section 10.30.070 on each exterior wall of the licensed premises that faces a vehicle parking lot, to read as follows:
“WARNING
It is unlawful to drink an alcoholic
beverage or to possess an open alcoholic
beverage container in public or in a public parking lot.
NCMC 10.30.050 and 10.30.060.”
17. Containers of alcoholic beverages may not be stored on the premises, after being sold to patrons, for the purpose of later consumption.
18. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of a lcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition.
19. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the Cit y Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand.
20. Every employee of the Permittee, including ownership and management, shall receive Responsible Beverage Service and Sales (RBSS) training, in cluding all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to commencing alcohol sales. As part of the RBSS training, the Permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies.
21. The operator of the business shall maintain an active business license and ensure that the business license is renewed annually.
22. Alcoholic beverages shall be contained within a locked area, except when displayed on the sales floor.
Police
23. Permittee shall comply with all applicable law, including, but not limited to all regulatory provisions of the Business and Professions Code that perta in to the sale, display and marketing or merchandising of alcoholic beverages.
BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council.
BE IT FINALLY RESOLVED that this Resolution shall beco me effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the da y of that City Council meeting. The City C ouncil may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing.
CERTIFICATION:
This certifies that the Resolution was adopted by the Planning Commission at their meeting of August 1, 2022, by the following vote:
AYES: Castle, Natividad, Sanchez, Sendt, Valenzuela, and Yamane
NAYS:
ABSENT: Miller
ABSTAIN:
________________________
CHAIRPERSON
NORTH
1Exhibit A, Case File No. 2022-16 CUP, 4/26/2022
ATTACHMENT 4
Address: 1320 Highland Ave.
National City, CA
APN: 560-050-11-00
Zoning District: MX-D2
Land Use: Retail Commercial
Total Site Area: 5.03 acres/205,607 SF
Building Area: 25,238 SF
Applicant:
99 Cents Only Store #101
c/o Rawlings Consulting
Attn: Steve Rawlings
26023 Jefferson Ave., Suite D
Murrieta, CA 92562
Property Owner:
Peterson Family Trust B 7-1-80
c/o San Diego Property Management
Attn: Julie Ambrose
P.O. Box 81007
San Diego, CA 92138
SITE PLAN
1320 Highland Avenue
National City, CA
Proposed Use:
Permit to sell beer and wine for off-site consumption
(ABC Type 20 License) at an existing grocery store.
NO NEW CONSTRUCTION. ALL IMPROVEMENT EXSTING.
Vicinity Map
The 99 Store #101
BATTERIES
NON SALES
8,253 SF.
SODA
32" DECK 32" DECKBALLS
32" DECK
32" DECK
32" DECK32" DECK 32" DECK
1234567
FLOWERS
SAFE
PALLET
PALLET
22" DECKS BOTH SIDES
25" DECKS
22" DECKS BOTH SIDES
22" DECKS BOTH SIDES
22" DECKS BOTH SIDES
22" DECKS BOTH SIDES
22" DECKS BOTH SIDES
22" DECKS BOTH SIDES
22" DECKS BOTH SIDES
22" DECKS BOTH SIDES
22" DECKS BOTH SIDES
22" DECKS BOTH SIDES
25" DECKS
SALES FLOOR:
16,468 SF.
25161616141414141723232322
23 8
9 25" DECKS
25" DECKS 25" DECKS
25" DECKS
1 16
25" DECKS
3 13'-10"
KIDS
PLAY
KIDS
PLAY
W
M
99¢ ONLY STORES
XX/XX/XX
07-2755
GOING TALLER
ICE
ICE CREAM ICE
CREAM
ICE
CREAM
PALLET
32" DECK
32" DECK32" DECK32" DECK32" DECK
PALLET
PALLET
PALLET
PALLET
PALLET
PALLET
PALLET
PALLET
Add 3 ( 4 Ft) gondolas = 12 LF
Add 6 (4 Ft) gondolas = 24 LF
32" DECK
Add 6 (4 Ft) gondolas = 24 LF
8’ - 9”
GO TALLER AS OF 04/01/2014
TORTILLAS32" DECK32" DECK 32" DECK32" DECK32" DECK CHIPS
BEER/WINE DISPLAY
40 SF
20'
2'
BEER/WINE DISPLAY AREA: 40 SF
SALES FLOOR AREA: 16,468 SF
% OF SALES FLOOR AREA: LESS THAN 1%
MAIN ENTRANCE/EXIT
Public Hearing
Conditional Use Permit
for off-sale beer and wine
at 99 Cents Only
located at 1320 Highland Ave.
2022-16 CUP
ATTACHMENT 5Page 194 of 348
Overhead
Site Characteristics:
Existing 25,238 sq. ft. commercial building in MXD-2
Part of a larger shopping center that occupies more than four acres at the northwest corner of Highland Ave. and E. 14th St. Other businesses include a wireless retail store, barber shop, travel agency, nail salon, and Cox storefront
Surrounding area is mostly commercial with apartment
buildings to the south across E. 14th Street
Affordable senior housing and a health clinic are
proposed for the parking lot to the east
A previous CUP for off-sale alcohol existed for this
location with a previous business (Lucky grocery store).
The business and ABC license ceased many years ago,
thereby vacating the CUP.
Proposal:
Applicant proposes to sell beer and wine with an
alcohol display area of 20 linear feet
Type 20 ABC license
99 Cents Only store primarily sells grocery items
Single sales or small wine bottles will not be permitted in conformance with City Council Policy 707
Approximately 43 employees
Hours of operation are 7:00 am to 10 pm Tuesdays and
Thursdays and 8:00 am to 10:00 pm all other days
Allows for convenient shopping for seniors and at-risk customers
Floor Plan
DISPLAY AREA
STORE ENTRANCE
Analysis:
NCMC 18.30.050 allows for off-site alcohol sales with approved CUP
Additional requirements for alcohol CUPs:
Mailing – Owners/occupants within 660 ft. (823)
Community Meeting – 6/1/22 at 5:00 p.m. (no attendees) Distance Requirements –> Grocery stores, convenience stores or other retail establishments selling alcohol for off-site consumption as an accessory use have no minimum distances. 75% of sales at 99 Cents Only derives from food and household consumables. City Council Policy 707
Standard conditions
Analysis (cont.):
Alcohol Sales Concentration/Location
Per ABC, there are 8 off-sale licenses in census tract Maximum of four are recommended
Census tract is considered to be over-saturated
A CUP for a Type 21 license was recently approved (not operating) Name Address License Type* CUP
Seafood City 1420 E. Plaza Blvd. Suite C 21 Y
Big Ben Market 108 E. 8
th St. 21 Y
Wal Mart 1200 Highland Ave. 20 Y
Smart & Final 1220 E. Plaza Blvd. Suite 510 21 Y
CVS Pharmacy 1201 E. Plaza Blvd. 21 Y
7 Eleven 1539 Highland Ave. 20 Y
Wilson’s Liquor 916 E. 8
th St. 21 Y
Bottles & More Liquor 1535 E. 18th St. 21 -
Analysis (cont.):
Issues concerning alcohol sales related to smaller
quantities / cheaper products
Usually contained to non-CUP businesses
Businesses with CUPs have limitations on size, type
No airplane bottles or pints
No malt liquor in certain sizes (e.g. 22s, 40s)
These products not part of proposed sales inventory
Comments:
Police Department (PD)
Risk Assessment – 15 points
Medium Risk – 13 to 18 points
Assigns points based on type of business, license concentration, calls for service, etc.
Institute for Public Strategies (IPS)
Comments received recommending RBSS training
(condition)
Public Comment
No public comment received as part noticing
Conditions/Summary:
Conditions of Approval include those specific to off-site alcohol sales per Council Policy 707 (alcohol container volume, size, and number; RBSS training, hours, accessory sales, etc.).
Proposed use consistent with General Plan
Alcohol sales conditionally-allowed use in MXD-2
Would contribute to diversity of commercial offerings on Highland Ave High crime area, two other outlets in close proximity (beer and wine) Small display area
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:
AGENDA REPORT
Department: City Clerk's Office
Prepared by: Sergio Mora, Acting Fire Chief
Meeting Date: Tuesday, August 16, 2022
Approved by: Brad Raulston, City Manager
SUBJECT:
Accept SDG&E’s 2022 SAFE San Diego Grant Program Award of $2,500 for the City’s CERT Program. (Fire)
RECOMMENDATION:
Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, accepting funds in the amount of $2,500 from the San Diego Gas & Electric (SDG&E) 2022 SAFE San Diego Grant Program through the Burn Institute, a 501(c)(3) non -profit organization, for the National City Community Emergency Response Team (CERT) to recruit, administer, and promote CERT training in National City, and authorizing the establishment of a Reimbursable Grants City- Wide Fund appropriation and corresponding revenue budget.” (Fire)
BOARD/COMMISSION PRIOR ACTION:
Not Applicable.
EXPLANATION:
Through the 2022 SAFE San Diego Grant Program, SDG&E has awarded funds to National City’s Community Emergency Response Team ( CERT) whose programs and services support emergency preparedness and safety. The grant from SDG&E to the Burn Institute has made it possible to support local CERT Programs and is part of SDG&E’s commitment to make our region safer at home, in the workplace, and in neighborhoods throughout San Diego County. SDG&E has provided a check in the amount of $2,500 to the Burn Institute, which is a 501(c)(3) non-profit organization, who is serving as National City’s CERT fiscal agent to provide the grant funds.
This grant helps National City CERT to recruit new CERT members, administer the CERT program, and promote disaster preparedness training through the National City CERT Program.
Staff recommends the establishment of an appropriation and corresponding revenue budget for $2,500.
FINANCIAL STATEMENT:
Ex. 282-412-912-355-0000 / Rev. 282-12912-3498
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Public Safety
ENVIRONMENTAL REVIEW:
This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065.
PUBLIC NOTIFICATION:
Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.
ORDINANCE:
Not Applicable
EXHIBITS:
Exhibit A – Award Letter
Exhibit B – Resolution – 2022 Cert Appropriation
RESOLUTION NO. 2022 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA AUTHORIZING THE MAYO R TO ACCEPT FUNDS IN THE AMOUNT OF $2,500 FRO M THE 2022 SAFE SAN DIEGO GRANT PROGRAM, FOR THE NAT IONAL CITY
COMMUNITY EMERGENCY RESPONSE TEAM (CERT) PROGRAM AND AUTHORIZING
THE ESTABLISHMENT OF A REIMBURSABLE GRANT S CITY -WIDE FUND
APPROPRIATION AND CORRESPONDING REVENUE BUDGET
WHEREAS, the San Diego Gas & Electric (SDG&E) 2022 SAFE San Diego Grant Program provides funding to Community Emergency Response Teams (CERT) in San Diego County whose programs and services support emergency preparedness and safety; and
WHEREAS, the Burn Institute is a 501(c)(3) non -profit established to help educate and inspire communities across San Diego and Imperial Counties to reduce burn injuries and empower those affected by burn trauma; and
WHEREAS, on July 18, 2022, the Burn Institute and SDG&E notified City of National City (City) staff that the City has been awarded a grant of $2,500 to support the City’s CERT program; and
WHEREAS, City staff requests City Council authorize the Mayor to accept funds in the amount of $2,500 from the SAFE San Diego Grant Program and establish a reimbursable grants city-wide fund appropriation and corresponding revenue budget.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: That the City Council hereby authorizes the Mayor to accept funds in the amount of $2,500 from the SAFE San Diego Grant Program and establish a reimbursable grants city-wide fund appropriation and corresponding revenue budget.
Section 2: The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
PASSED and ADOPTED this 16th day of August, 2022.
Alejandra Sotelo-Solis, Mayor
ATTEST:
Luz Molina, City Clerk
APPROVED AS TO FORM:
Barry J. Schultz, Interim City Attorney
AGENDA REPORT
Department: Planning
Prepared by: Martin Reeder, Planning Manager
Meeting Date: Tuesday, August 16, 2022
Approved by: Brad Raulston, City Manager
SUBJECT:
Request to Initiate a Local Coastal Plan (LCP) Amendment for the update of the City’s LCP Land Use Plan and Implementation documents for consistency with Title 18 (Zoning) of the National City Municipal Code.
RECOMMENDATION:
Approval of the request.
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
Background
The City adopted its Local Coastal Program (LCP) in 1987 with implementation following in 1990.
The Local Coastal Program consists of two documents: Land Use Plan and Implementation. The LCP Land Use Plan contains technical backgrou nd information, policy recommendations, and a land use plan map. The LCP Implementation document is a compilation and description of the various implementation actions necessary to carry out the policies of the Land Use Plan.
The Coastal Zone is generally described as the area within 300 feet of the mean high tide line, which is everything west of Interstate 5 (I-5), as well as the area south of 30th Street between I-5 in the west to ‘B’ Avenue in the east. The intent and purpose of the Coastal Zone is to identify and give notice that properties within this zone are affected by the City's Local Coastal Program.
The purpose of the Coastal Overlay zone (the designation shown on the City’s Zoning Map) is to protect and enhance the quality of public access and coastal resources.
The LCP was last significantly amended in 1996 as part of the General Plan Revision Program conducted at that time and in 1998 with adoption of the Harbor District Specific Area Plan. Although the General Plan and Land Use Code (LUC) were updated in 2011 as part of the City’s Land Use Update, the LCP was not amended at that time due to pending changes to the Unified Port of San Diego “Port Master Plan,” an effort that is coming to fruition this year. As a result, the Coastal Zone is still administered using the previous (1996) Land Use Code.
Proposal
Due to the conflict between the LCP and the LUC, and the pending completion of the Port Master Plan, it is prudent to amend the LCP Land Use Plan and LCP Implementation documents in order to provide the necessary consistency between the documents. Staff is currently working with consultants on making the necessary changes. That effort will culminate with public hearings at the Planning Commission and City Council and then approval by the California Coastal Commission.
California Environmental Quality Act (CEQA)
At this stage of the application process, the project is considered exempt from CEQA under Class 6, Section 15306 (Information Collection). This c lass includes (among others) basic da ta collection, research, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource. These may be strictly for information -gathering purposes or as part of a study leading to an action, which a pub lic agency has not yet approved or adopted. If initiated, staff will perform the necessary environmental analysis as part of the full Local Coastal Program amendment.
Summary
The City’s LCP Land Use Plan and LCP Implementation documents are inconsistent with the current Land Use Code and need to be amended in order to provide the most up-to-date information to the public. It is, therefore, prudent to initiate proceedings for amendment of the LCP.
FINANCIAL STATEMENT:
FY23 budget appropriations will cover the cost of the consultant through existing on-call contract with CR Associates.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Health, Environment, and Sustainability
ENVIRONMENTAL REVIEW:
This is a project under CEQA subject to a Categorical Exemption. Information Collection CCR 15306. This project qualifies for a Notice of Exemption. CCR 15374.
PUBLIC NOTIFICATION:
Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.
ORDINANCE:
Not Applicable
EXHIBITS:
1. Overhead
2. Notice of Exemption
ATTACHMENT 1
2022-26 LCPA - Overhead
C O A S T A L Z O N E B O U N D A R Y
ATTACHMENT 2
COMMUNITY DEVELOPMENT DEPARTMENT - PLANNING DIVISION
1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950
NOTICE OF EXEMPTION
TO:
Assessor/Recorder/County Clerk
Attn.: Fish and Wildlife Notices
1600 Pacific Highway, Suite 260
San Diego, CA 92101
MS: A-33
Project Title: 2022-26 LCPA
Project Location:
Coastal Zone of National City, CA 91950 (Area of the City west o f Interstate 5 and south of 30th Street between I-5 and ‘B’ Avenue).
Lead Agency: City of National City
Contact Person:
Martin Reeder Telephone Number: (619) 336-4313
Description of Nature, Purpose and Beneficiaries of Project:
Request to initiate an amendment to the National City Local Coastal Program (LCP) in order to amend the LCP Land Use Plan and Implementation documents for consistency with Title 18 (Zoning) of the National City Municipal Code.
Applicant: Telephone Number:
City of National City (619) 336-4313
c/o: Martin Reeder, Planning Mgr.
1243 National City Blvd.
National City, CA 91950
Exempt Status:
Categorical Exemption. Class 6, Section 15306 (Information Collection) Reasons w
hy project is exempt:
It can be seen with certainty t hat the project will not have a significant effect on the environment, because the initiati on application is part of a study leading to a separate future action which will receive appropriate environmental review prior to approval.
Date:
MARTIN REEDER, AICP
PLANNING MANAGER
AGENDA REPORT
Department: Finance
Prepared by: Karla Apalategui, Sr. Accounting Assistant Meeting Date: Tuesday, August 16, 2022
Approved by: Brad Raulston, City Manager
SUBJECT:
Warrant Register #1 for the period of 7/1/22 through 7/7/22 in the amount of $1,595,251.79.
RECOMMENDATION:
Ratify Warrants Totaling $1,595,251.79.
BOARD/COMMISSION PRIOR ACTION:
Not Applicable.
EXPLANATION:
Per Government Section Code 37208, below are the payments issued for period 7/1/22 - 7/7/22.
Consistent with Department of Finance’s practice, listed below are all payments above $50,000.
Vendor Check/Wire Amount Explanation SDG&E 358795 $60,908.64 Gas and Electric for Facilities Health Net Inc. 358843 $83,589.74 July 2022 – Grp #R1192A Arco Business Solutions 193533 $59,986.58 Fuel for City Fleet FY22
FINANCIAL STATEMENT:
Warrant total $1,595,251.79.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Not Applicable
ENVIRONMENTAL REVIEW:
This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065.
PUBLIC NOTIFICATION:
Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.
ORDINANCE:
Not Applicable
EXHIBITS:
Warrant Register No. 1
PAYEE DESCRIPTION CHK NO DATE AMOUNT
ANDERSON RETIREE HEALTH BENEFITS - JUL 2022 358801 7/6/22 110.00 BEARD RETIREE HEALTH BENEFITS - JUL 2022 358802 7/6/22 70.00 BECK RETIREE HEALTH BENEFITS - JUL 2022 358803 7/6/22 140.00 BEVERIDGE RETIREE HEALTH BENEFITS - JUL 2022 358804 7/6/22 640.00 BISHOP RETIREE HEALTH BENEFITS - JUL 2022 358805 7/6/22 110.00 BOEGLER RETIREE HEALTH BENEFITS - JUL 2022 358806 7/6/22 260.00 BULL RETIREE HEALTH BENEFITS - JUL 2022 358807 7/6/22 580.00 CAMEON RETIREE HEALTH BENEFITS - JUL 2022 358808 7/6/22 400.00 CANEDO RETIREE HEALTH BENEFITS - JUL 2022 358809 7/6/22 620.00 CARRILLO RETIREE HEALTH BENEFITS - JUL 2022 358810 7/6/22 290.00 CASTELLANOS RETIREE HEALTH BENEFITS - JUL 2022 358811 7/6/22 500.0 0 COLE RETIREE HEALTH BENEFITS - JUL 2022 358812 7/6/22 165.00 COLLINSON RETIREE HEALTH BENEFITS - JUL 2022 358813 7/6/22 420.00 CONDON RETIREE HEALTH BENEFITS - JUL 2022 358814 7/6/22 280.00 CORDERO RETIREE HEALTH BENEFITS - JUL 2022 358815 7/6/22 520.00 DALLA RETIREE HEALTH BENEFITS - JUL 2022 358816 7/6/22 900.00 DANESHFAR RETIREE HEALTH BENEFITS - JUL 2022 358817 7/6/22 250.00 DEESE RETIREE HEALTH BENEFITS - JUL 2022 358818 7/6/22 660.00 DESROCHERS RETIREE HEALTH BENEFITS - JUL 2022 358823 7/6/22 110.00 DIAZ RETIREE HEALTH BENEFITS - JUL 2022 358824 7/6/22 680.00 DILLARD RETIREE HEALTH BENEFITS - JUL 2022 358825 7/6/22 480.00 DREDGE RETIREE HEALTH BENEFITS - JUL 2022 358826 7/6/22 250.00 DUONG RETIREE HEALTH BENEFITS - JUL 2022 358827 7/6/22 280.00 EISER III RETIREE HEALTH BENEFITS - JUL 2022 358828 7/6/22 250.00 ESPIRITU RETIREE HEALTH BENEFITS - JUL 2022 358829 7/6/22 620.00 ETZLER RETIREE HEALTH BENEFITS - JUL 2022 358830 7/6/22 460.00 FABINSKI RETIREE HEALTH BENEFITS - JUL 2022 358831 7/6/22 220.00 FERNANDEZ RETIREE HEALTH BENEFITS - JUL 2022 358832 7/6/22 270.00 FIFIELD RETIREE HEALTH BENEFITS - JUL 2022 358833 7/6/22 540.00 GAUT RETIREE HEALTH BENEFITS - JUL 2022 358834 7/6/22 700.00 GELSKEY RETIREE HEALTH BENEFITS - JUL 2022 358835 7/6/22 115.00 GIBBS JR RETIREE HEALTH BENEFITS - JUL 2022 358836 7/6/22 120.00 GONZALES RETIREE HEALTH BENEFITS - JUL 2022 358837 7/6/22 480.00 HARLAN RETIREE HEALTH BENEFITS - JUL 2022 358838 7/6/22 500.00 HERNANDEZ RETIREE HEALTH BENEFITS - JUL 2022 358847 7/6/22 500.00 HERNANDEZ RETIREE HEALTH BENEFITS - JUL 2022 358848 7/6/22 600.00 HERNANDEZ RETIREE HEALTH BENEFITS - JUL 2022 358849 7/6/22 400.00 HODGES RETIREE HEALTH BENEFITS - JUL 2022 358850 7/6/22 200.00 IBARRA RETIREE HEALTH BENEFITS - JUL 2022 358851 7/6/22 780.00 JONES RETIREE HEALTH BENEFITS - JUL 2022 358852 7/6/22 60.00 JONES RETIREE HEALTH BENEFITS - JUL 2022 358853 7/6/22 480.00 JUNIEL RETIREE HEALTH BENEFITS - JUL 2022 358854 7/6/22 50.00 KIMBLE RETIREE HEALTH BENEFITS - JUL 2022 358855 7/6/22 300.00 KLOS RETIREE HEALTH BENEFITS - JUL 2022 358856 7/6/22 480.00 LAFRENIERE RETIREE HEALTH BENEFITS - JUL 2022 358857 7/6/22 660.00 LEACH RETIREE HEALTH BENEFITS - JUL 2022 358858 7/6/22 600.00 LIMFUECO RETIREE HEALTH BENEFITS - JUL 2022 358859 7/6/22 160.00 MATIENZO RETIREE HEALTH BENEFITS - JUL 2022 358860 7/6/22 100.00 WARRANT REGISTER # 1
7/7/2022
1/4Page 214 of 348
PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 1
7/7/2022
MCCABE RETIREE HEALTH BENEFITS - JUL 2022 358861 7/6/22 280.00 MCDANIEL RETIREE HEALTH BENEFITS - JUL 2022 358862 7/6/22 290.00 MEEKS RETIREE HEALTH BENEFITS - JUL 2022 358863 7/6/22 460.00 MENDOZA RETIREE HEALTH BENEFITS - JUL 2022 358864 7/6/22 290.00 MINER RETIREE HEALTH BENEFITS - JUL 2022 358865 7/6/22 580.00 MORRISON RETIREE HEALTH BENEFITS - JUL 2022 358866 7/6/22 520.00 MUNOZ RETIREE HEALTH BENEFITS - JUL 2022 358867 7/6/22 640.00 NAGLE RETIREE HEALTH BENEFITS - JUL 2022 358868 7/6/22 460.00 NOTEWARE RETIREE HEALTH BENEFITS - JUL 2022 358869 7/6/22 120.00 OLIVERIA RETIREE HEALTH BENEFITS - JUL 2022 358870 7/6/22 360.00 PAUU JR RETIREE HEALTH BENEFITS - JUL 2022 358871 7/6/22 340.00 PE RETIREE HEALTH BENEFITS - JUL 2022 358872 7/6/22 300.00 PEASE JR RETIREE HEALTH BENEFITS - JUL 2022 358873 7/6/22 140.00 POST RETIREE HEALTH BENEFITS - JUL 2022 358874 7/6/22 280.00 RAY RETIREE HEALTH BENEFITS - JUL 2022 358875 7/6/22 190.00 ROARK RETIREE HEALTH BENEFITS - JUL 2022 358876 7/6/22 135.00 RODRIGUEZ RETIREE HEALTH BENEFITS - JUL 2022 358877 7/6/22 260.00 RUIZ RETIREE HEALTH BENEFITS - JUL 2022 358878 7/6/22 310.00 SAINZ RETIREE HEALTH BENEFITS - JUL 2022 358879 7/6/22 300.00 SANCHEZ RETIREE HEALTH BENEFITS - JUL 2022 358880 7/6/22 330.00 SERVATIUS RETIREE HEALTH BENEFITS - JUL 2022 358881 7/6/22 340.00 SHOEMAKER RETIREE HEALTH BENEFITS - JUL 2022 358882 7/6/22 480.00 SILVA RETIREE HEALTH BENEFITS - JUL 2022 358883 7/6/22 580.00 SMITH RETIREE HEALTH BENEFITS - JUL 2022 358884 7/6/22 320.00 SMITH RETIREE HEALTH BENEFITS - JUL 2022 358885 7/6/22 560.00 STEWART RETIREE HEALTH BENEFITS - JUL 2022 358886 7/6/22 200.00 TIPTON RETIREE HEALTH BENEFITS - JUL 2022 358887 7/6/22 250.00 UNGAB RETIREE HEALTH BENEFITS - JUL 2022 358888 7/6/22 600.00 VERRY RETIREE HEALTH BENEFITS - JUL 2022 358889 7/6/22 280.00 VILLAGOMEZ RETIREE HEALTH BENEFITS - JUL 2022 358890 7/6/22 480.00 VILLARIASA RETIREE HEALTH BENEFITS - JUL 2022 358891 7/6/22 480.00 WHITE RETIREE HEALTH BENEFITS - JUL 2022 358892 7/6/22 230.00 WILKINS RETIREE HEALTH BENEFITS - JUL 2022 358893 7/6/22 520.00 YBARRA RETIREE HEALTH BENEFITS - JUL 2022 358894 7/6/22 220.00 RETIREE HEALTH BENEFITS 30,485.00
AMAZON NC CONNECTS! GRANT- SUPPLIES/LIBRARY 358788 7/5/22 1,145.23 AMAZON SUMMER CAMP BEACH DAY BOOGIE BOARDS 358789 7/5/22 1,096.44 BLACK EDUCATIONAL REIMBURSEMENT 358790 7/5/22 740.00
BRODART CO LIBRARY DISPLAY MATERIALS 358791 7/5/22 612.67 DEMCO INC LIBRARY DISPLAY MATERIALS 358792 7/5/22 868.28 NEW READERS PRESS NEW READERS PRESS/LITERACY SERVICES/LLCS 358793 7/5/22 1,968.16 OFFICE SOLUTIONS BUSINESS MOP83778/SUPPLIES/LIB 358794 7/5/22 660. 23 SDG&E GAS AND ELECTRIC FOR FACILITIES FOR FY22 358795 7/5/22 60,90 8.64 SIRSIDYNIX 774271 AUTOMATION SYSTEMS MAINTENANCE SERVICE 358796 7/5/22 25,877.75 STAPLES BUSINESS ADVANTAGE MOP45704 STAPLES/OFFICE SUPPLIES/LIB 3 58797 7/5/22 831.95 STAPLES BUSINESS ADVANTAGE MOP45704/STAPLES/LIBRARY DISPLAY MATE RIAL 358798 7/5/22 167.97 SWEETWATER AUTHORITY WATER BILL FOR FACILITIES FY 2022 358799 7/5 /22 4,608.56 USS MIDWAY MUSEUM SUMMER CAMP FIELD TRIP 358800 7/5/22 265.00 2/4Page 215 of 348
PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 1
7/7/2022
DELTA DENTAL INSURANCE CO JULY 2022 - GRP #05-7029600000 358819 7 /6/22 2,207.63 DELTA DENTAL INSURANCE CO JULY 2022 - GRP #05-7029600002 358820 7 /6/22 102.00 DELTA DENTAL OF CALIFORNIA JULY 2022 - GRP #05-0908600000 358821 7/6/22 14,708.25 DELTA DENTAL OF CALIFORNIA JULY 2022 - GRP #05-0908601002 358822 7/6/22 45.22 HEALTH NET JULY 2022 - GRP #N7176A 358839 7/6/22 1,884.24 HEALTH NET JULY 2022 - GRP #N7176F 358840 7/6/22 1,646.41 HEALTH NET JULY 2022 - GRP #N7177A 358841 7/6/22 1,277.44 HEALTH NET JULY 2022 - GRP #R1192R 358842 7/6/22 857.33 HEALTH NET INC JULY 2022 - GRP #R1192A 358843 7/6/22 83,589.74 HEALTH NET INC JULY 2022 - GRP #LB439A 358844 7/6/22 6,804.32 HEALTH NET INC JULY 2022 - GRP #57135A 358845 7/6/22 2,579.44 HEALTH NET INC JULY 2022 - GRP #LB439F 358846 7/6/22 735.61 ESGIL LLC PROFESSIONAL SERVICE/ BUILDING 358895 7/6/22 15,518.16 ACE UNIFORMS & ACCESSORIES INC SOFTSHELL HONOR GUARD JACKETS 3588 96 7/7/22 579.68 ADDICTION MEDICINE DOT EXAMS 358897 7/7/22 159.00
ALDEMCO FOOD / NUTRITION CENTER 358898 7/7/22 1,353.21 BEHAVIORAL ANALYSIS TRAINING TUITION - INV REVIEW & INTERROGATIO N 358899 7/7/22 575.00 BOOT WORLD MOP 64096 SAFETY WEARING APPAREL - PW 358900 7/7/22 200 .00 BURKE WILLIAMS & SORENSEN LLP PROFESSIONAL SERVICES 358901 7/7/22 4,823.00 CALIFA GROUP CALIFA BROADBAND FOR FY22 358902 7/7/22 6,099.85 CALIFORNIA ASSOCIATION OF CODE CACEO MEMBERSHIP / NSD 358903 7/7/ 22 95.00 COLANTUONO HIGHSMITH PROFESSIONAL SERVICES 358906 7/7/22 1,803.00 COMMERCIAL AQUATIC SERVICE INC MUNICIPAL POOL SUPPLIES AND PARTS 358907 7/7/22 644.55 COUNTY OF SAN DIEGO PARKING CITATION REVENUE - MAY 2022 358908 7/ 7/22 17,544.50 COUNTY OF SAN DIEGO REGIONAL COMMUNICATIONS SYSTEM FY22 358909 7/ 7/22 7,267.50 COURTESY REFRIGERATION INC FREEZER REPAIR 358910 7/7/22 513.53 DEVANEY PATE MORRIS & CAMERON LEGAL SERVICES 358912 7/7/22 7,650.0 0 ESGIL LLC PROFESSIONAL SERVICES/ BUILDING 358913 7/7/22 11,242.45 EXPERIAN CREDIT CHECKS 358914 7/7/22 224.58
FEDEX FEDEX EXPRESS FOR KIMBALL HIGHLAND 358915 7/7/22 159.21 FIRE ETC 1.75"X50" POLY-FLOW 800 ULTRA /FIRE 358916 7/7/22 6,497.8 1 GALINDO ROJAS TRAVEL REIMBURSEMENT 358917 7/7/22 29.72 GIL REIMB: SAL GIL RECORDS REMODEL 358919 7/7/22 31.30 GOVCONNECTION INC WIRED KEYBOARD 358920 7/7/22 1,014.68 HOME DEPOT CREDIT SERVICES GENERAL SUPPLIES AS NEEDED FOR BUILDI NGS 358922 7/7/22 12,984.96 ICMA MEMBERSHIP RENEWALS MEMBERSHIP DUES - CM RAULSTON 358923 7/7 /22 1,400.00 KIMLEY HORN EVALUATION OF AFFORDABLE HOUSING 358924 7/7/22 15,357 .50 LEFORT'S SMALL ENGINE REPAIR MOP 80702 AUTO SUPPLIES - PW 358925 7/7/22 104.18 LIEBERT CASSIDY WHITMORE PERSONNEL MATTER 358926 7/7/22 2,697.50 LOPEZ REIMBURSEMENT / 2022 TYLER 358927 7/7/22 271.15
MAUREEN KANE & ASSOCIATES, INC TECHNICAL TRAINING FOR CLERKS SER IES 300 358928 7/7/22 1,500.00 MES CALIFORNIA 202124, HARNESS ATOM RESCUE, MEDIUM 358929 7/7/22 9 ,747.71 MHZ COMMUNICATIONS ENT TECH SVCS REPAIRS SIGTRONICS/ FIRE 358930 7/7/22 1,346.59 MOBILE LABORATORY SERVICES NECROPSY CASE # 2218074 358931 7/7/22 8 75.00 MOTOROLA SOLUTIONS INC CHARGER, SINGLE-UNIT, IMPRESS2/ FIRE 35893 2 7/7/22 276.59 NAPA AUTO PARTS MOP 45735 GENERAL SUPPLIES- P W 358933 7/7/22 80.4 5 NATIONAL CITY ELECTRIC CITYWIDE ON-SITE ELECTRICAL 358934 7/7/22 9 ,290.00 NATIONAL CITY TROPHY MOP 01052 PLATE PD 358935 7/7/22 17.24 3/4Page 216 of 348
PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 1
7/7/2022
NETFILE, INC. NETFILE ANNUAL INVOICE FY23 358936 7/7/22 6,300.00 NORTH PARK TROPHY & AWARD, INC OFFICER MEDALS 358937 7/7/22 6,572. 75 OFFICE SOLUTIONS BUSINESS OFFICE SUPPLIES/ PLANNING 358938 7/7/22 139.37 O'REILLY AUTO PARTS MOP 75877 AUTO SUPPLIES- PW 358939 7/7/22 225. 93 PARTS AUTHORITY METRO LLC MOP 75943 AUTO SUPPLIES- PW 358940 7/7/ 22 654.69 PRO BUILD COMPANY MOP 45707 PAINT SUPPLIES / NSD 358941 7/7/22 1,4 98.28 PROFORCE LAW ENFORCEMENT HOLSTERS / PW 358942 7/7/22 654.46 PRUDENTIAL OVERALL SUPPLY MOP 45742 LAUNDRY SERVICES- PW 358943 7 /7/22 579.45 REDISTRICTING INSIGHTS, LLC PROFESSIONAL SERVICES / CAO 358944 7/ 7/22 12,500.00 SAN DIEGO COUNTY FIRE CHIEFS HSO ANNUAL MEMBERSHIP FY 21/22 / F IRE 358945 7/7/22 50.00 SAN DIEGO GAS & ELECTRIC SD GAS & ELECTRIC UTILITIES / NUTRITION 358946 7/7/22 3,535.93 SAN DIEGO MECHANICAL ENERGY REPAIRS TO HVAC SYSTEMS 358947 7/7/2 2 576.00 SAN DIEGO PET SUPPLY MOP 02975 CANINE SUPPLIES PD 358948 7/7/22 14 3.09 SAN DIEGO POLICE EQUIPMENT VEST CARRIERS FOR INVESTIGATIONS 35894 9 7/7/22 4,217.33 SBCS CORPORATION CARES ACT CDBG-CV AGREEMENT 358950 7/7/22 9,671. 00 SCI CONSULTING GROUP SCI CONSULTING GROUP 358951 7/7/22 47,600.00 SEAPORT MEAT COMPANY FOOD / NUTRITION CENTER 358952 7/7/22 388.00 SMART & FINAL INGREDIENTS FOR 6/23/22 MENU (MOLE) 358953 7/7/22 30 .25 SPECIAL SERVICES GROUP LLC COVERT TRACKER 358954 7/7/22 1,845.19 STAPLES BUSINESS ADVANTAGE STAPLES - MOP OFFICE SUPPLIES/HED 3589 57 7/7/22 86.97 SYSCO SAN DIEGO INC FOOD / NUTRITION CENTER 358958 7/7/22 2,561.50 TECHNOLOGY INTEGRATION GROUP MIS SUPPLIES 358959 7/7/22 258.54 THE COUNSELING TEAM PEER SUPPORT JUNE 2022 358960 7/7/22 800.00 TINOSA INC LABOR, PERFORM AIR SAMPLE /FIRE 358961 7/7/22 250.00 TRAFFIC SAFETY STORE.COM TRAFFIC CONES FOR SKY WATCH 358962 7/7/2 2 2,064.72 U S BANK MOP 19657 CC PD MACHADO 358963 7/7/22 3,172.19 UNITED ROTARY BRUSH CORP STREET SWEEPER REPAIRS AND MAINTENANCE 3 58964 7/7/22 653.51 VALLEY INDUSTRIAL SPECIALTIES MOP 46453 BUILDING SUPPLIES- PW 358 965 7/7/22 439.80 VISTA PAINT MOP 68834 PINT SUPPLIES / NSD 358966 7/7/22 1,779.93 WILLY'S ELECTRONIC SUPPLY MOP 00351 WIRING PD 358967 7/7/22 116.66 A/P Total 496,490.05
WIRED PAYMENTS
ARCO BUSINESS SOLUTIONS FUEL FOR CITY FLEET FY 22~ 193533 7/7/22 5 9,986.58 SECTION 8 HAPS Start Date End Date
7/1/2022 7/7/2022 1,038,775.16
GRAND TOTAL 1,595,251.79$
4/4Page 217 of 348
AGENDA REPORT
Department: Finance
Prepared by: Karla Apalategui, Sr. Accounting Assistant Meeting Date: Tuesday, August 16, 2022
Approved by: Brad Raulston, City Manager
SUBJECT:
Warrant Register #2 for the period of 7/8/22 through 7/14/22 in the amount of $2,111,769.78.
RECOMMENDATION:
Ratify Warrants Totaling $2,111,769.78.
BOARD/COMMISSION PRIOR ACTION:
Not Applicable.
EXPLANATION:
Per Government Section Code 37208, below are the payments issued for period 7/8/22 – 7/14/22.
Consistent with Department of Finance’s practice, listed below are all payments above $50,000.
Vendor Check/Wire Amount Explanation
Kaiser Foundation HP 358975 $210,915.18 August 2022 – Grp #104220 Chen Ryan Associates 358989 $90,619.45 CIP 19-24 Bayshore Bikeway County of San Diego RCS 358994 $147,379.96 Nextgen Shared Backbone Infrastructure
OMNI Pacific 359013 $70,493.98 Purchase/Install Furniture/NCPD
FINANCIAL STATEMENT:
Warrant total $2,111,769.78
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Not Applicable
ENVIRONMENTAL REVIEW:
This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065.
PUBLIC NOTIFICATION:
Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.
ORDINANCE:
Not Applicable
EXHIBITS:
Warrant Register No. 2
PAYEE DESCRIPTION CHK NO DATE AMOUNT
C A P F JULY 2022 - FIRE LTD 358968 7/11/2022 1,121.00
CALIFORNIA LAW ENFORCEMENT JULY 2022 - PD LTD 358969 7/11/2022 2,29 3.00 CRUZ MISS NATIONAL CITY EDUCATIONAL PAGEANT 358970 7/11/2022 1,518 .00 DELGADO RFW EMPLOYEE REIMBURSEMENT 358971 7/11/2022 2,139.16 EASLEY MISS NATIONAL CTIY EDUCATIONAL PAGEANT 358972 7/11/2022 1,9 32.00 GAMWELL PARADISE CREEK TRAVEL EXPENSE FLIGHT 358973 7/11/2022 204.8 0 KAISER FOUNDATION HEALTH PLAN AUGUST 2022 - GRP #104220 358974 7/1 1/2022 210,915.18 SANDAG FY 2023 MEMBER AGENCY ASSESSMENT 358975 7/11/2022 25,363.00 ALDEMCO FOOD / NUTRITION CENTER 358977 7/14/2022 2,325.57 ALL FRESH PRODUCTS FOOD / NUTRITION CENTER 358978 7/14/2022 222.94 ALLIANT INSURANCE SERVICES INC RSWA - COMMERCIAL CRIME INS POLIC Y 358979 7/14/2022 2,605.00 ANSER ADVISORY MANAGEMENT, LLC CIP 19-18 NATIONAL CITY BVLD BIKE WAY - ENG 358980 7/14/2022 10,653.00 ATLAS TECHNICAL CONSULTANTS, CIP 19-02 EL TOYON LAS PALMAS BIKE CORRIDOR 358981 7/14/2022 4,724.00 BENSON AUTO DESMANTLING CITATION REFUNDS - JUNE 2022 358982 7/14/2 022 35.00 BMI MUSIC PERFORMANCE AGREEMENT 358983 7/14/2022 701.10 BMW MOTORCYCLES OF ESCONDIDO R1250 600 MILE SERVICE 358984 7/14/2 022 291.27 BRINK'S INCORPORATED TRANSPORTATION - BILLING PERIOD 7/1/22 35898 5 7/14/2022 356.14 CAL PACIFIC TRUCK CENTER, LLC CORE / PW 358986 7/14/2022 1,279.19 CANON SOLUTIONS AMERICA INC. CANON EQUIP USAGE SERVICE FOR 6/1/ 22 358987 7/14/2022 6.48 CHANICE CITATION REFUNDS - JUNE 2022 358988 7/14/2022 35.00 CHEN RYAN ASSOCIATES INC CIP 19-24 BAYSHORE BIKEWAY SEGMENT 5- E NG 358989 7/14/2022 90,619.45 CHRISTENSEN & SPATH LLP CDC-HA SERVICES 358990 7/14/2022 34,876.75 CITY OF SAN DIEGO MUNICIPAL SEWER TRANSPORTATION- FY22 358991 7/1 4/2022 1,071.49 CLEMENTE REIMBURSEMNT FOR DIRECTORS MEETING 358992 7/14/2022 84.08 COUNTY OF SAN DIEGO RSWA - UNIFIED PROGRAM PERMIT/POWAY 07/3 3589 93 7/14/2022 2,578.00 COUNTY OF SAN DIEGO RCS NEXTGEN SHARED BACKBONE INFRASTRUCTURE 35 8994 7/14/2022 147,379.96 COURTESY REFRIGERATION INC LABOR FOR FREEZER 358995 7/14/2022 220.0 0 COX COMMUNICATIONS COX DATA VIDEO SERVICES FOR FY22 358996 7/14/20 22 494.86 CSA SAN DIEGO COUNTY CDBG AGREEMENT: CSA SAN DIEGO COUNTY 358997 7 /14/2022 2,813.92 CUTTERS SOURCE, INC HONDA GENERATOR / PD 358998 7/14/2022 1,444.06 D-MAX ENGINEERING INC CIP 21-14 STORM WATER SERVICES - ENG/PW 358 999 7/14/2022 10,410.84 FLORES MICLAT CITATION REFUNDS - JUNE 2022 359000 7/14/2022 35.00 GEOSYNTEC CONSULTANTS INC CIP 22-08 CNC NOISE ASSESSMENT - ENG/P W 359001 7/14/2022 11,558.40 GRAINGER MOP 65179 GENERAL SUPPLIES- PW 359002 7/14/2022 1,866.37 INNOVATIVE CONSTRUCTION CIP 19-45 CIVIC CENTER ADA - ENG/PW 35900 3 7/14/2022 752.00 KINDER CITATION REFUNDS - JUNE 2022 359004 7/14/2022 80.00 KTUA NC TRANSOFRMATIVE GRANT- ENG/PW 359005 7/14/2022 4,400.00 LASER SAVER INC MOP 45725 LASER SAVER TONER / CSD 359006 7/14/2022 702.94 MASON'S SAW MOP 45729 MOP 45729 EQUIPMENT SUPPLIES 359007 7/14/2 022 627.84 MCALISTER INSTITUTE HOMELESS CASE MANAGEMENT SERVICES 359008 7/14 /2022 14,357.30 MEYERS, NAVE, RIBACK, SILVER PROFESSIONAL SERVICE 359009 7/14/2022 423.50 MOR FURNITURE FOR LESS M:HYBRID COOL 10"EK.5 TOP MATTRESS/FIRE 35 9010 7/14/2022 3,325.43 MUNICIPAL MAINTENANCE EQUIP SUSPENDED SWIVEL INCLUSIVE SUSPENSIO N 359011 7/14/2022 1,158.47 OFFICE SOLUTIONS BUSINESS MOP 83778 OFFICE SUPPLIES/ FINANCE 359 012 7/14/2022 28.92 OMNI PACIFIC PURCHASE/INSTALL FURNITURE -NCPD POLICE 359013 7/14/2 022 70,493.98 PACIFIC STATES PETROLEUM INC HYDRAULIC OIL, ENGINE OIL, AND VEHI CLE 359014 7/14/2022 3,642.53 PENSKE FORD MOP 49078 AUTO SUPPLIES- PW 359015 7/14/2022 42.65 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES- PW 359016 7/14/2022 2 ,478.03 WARRANT REGISTER # 2
7/14/2022
1/2Page 219 of 348
PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 2
7/14/2022
PROFESSIONAL SEARCH GROUP LLC TEMP SERVICE -WEEK ENDING JUNE 26, 2022 359017 7/14/2022 2,426.00 PROJECT PROFESSIONALS CORP CIP 22-19 SB1 STREET RESURFACING - EN G/PW 359018 7/14/2022 48,708.92 PRUDENTIAL OVERALL SUPPLY MOP 45742 LAUNDRY SERVICES - PW 359019 7 /14/2022 311.73 QUIAMBAO CITATION REFUNDS - JUNE 2022 359020 7/14/2022 8.00 RANDALL LAMB ASSOCIATES INC CIP 22-06 MLK KITCHEN IMPROVEMENTS - ENG 359021 7/14/2022 2,375.00 RANDALL LAMB ASSOCIATES INC CIP 21-23 CAMACHO REC HVAC - ENG/PW 3 59022 7/14/2022 275.00 RODRIGUEZ CITATION REFUNDS - JUNE 2022 359023 7/14/2022 10.00 SALUDARES REFUND FROM KAILANA CRUMP-SUMMER CAMP 359024 7/14/2022 1 13.00 SAN DIEGO MECHANICAL ENERGY REPAIRS TO HVAC SYSTEMS 359025 7/14/2 022 1,155.40 SBCS CORPORATION CARES ACT CDBG-CV AGREEMENT 359026 7/14/2022 7,97 4.00 SITEONE LANDSCAPE SUPPLY LLC MOP 692777 LANDSCAPE SUPPLIES- PW 35 9027 7/14/2022 181.92 SMART & FINAL MOP 45756 SMART & FINAL CDBG/TEENS SNACK 359028 7/14 /2022 826.97 STANICH REIMBURSEMENT FOR COLLEEN STANICH - ICAC 359029 7/14/2022 4 90.15 STAPLES BUSINESS ADVANTAGE MOP 45704 STAPLES CDGB/TEENS GAMING S UPP 359030 7/14/2022 3,237.80 STC TRAFFIC CIP 22-29 DOWNTOWN NC PARKING OCCUPANCY 359031 7/14/20 22 9,009.26 SWAGIT PRODUCTION LLC SWAGIT WEBCAST FY22 359032 7/14/2022 1,920.83 SWEETWATER AUTHORITY WATER BILL FOR FACILITIES FY 2022 359033 7/14 /2022 45,500.46 TERMINIX INTERNATIONAL MONTHLY PEST CONTROL SERVICE 359034 7/14/20 22 78.00 THE BUMPER GUY INC PARTS / PW 359035 7/14/2022 1,641.39 THE LINCOLN NATIONAL LIFE INS GRP #415491 - JULY 2022 359036 7/14/ 2022 9,456.05 TRANS-LANG LANGUAGE SERVICES: INTERPRETATION 359037 7/14/2022 505.7 5 T'S & SIGNS TEAM ATTIRE 359038 7/14/2022 7,996.67
U S BANK US BANK CARD PAYMENT FY22 359039 7/14/2022 675.12 VERIZON WIRELESS VERIZON CELLULAR SERVICES FOR FY22 359040 7/14/20 22 10,276.07 WOODRUFF, SPRADLIN & SMART APC RSWA LEGAL SVCS 1ST QTR 7/01/22-9 /30/22 359041 7/14/2022 7,750.00 A/P Total 839,591.09
PAYROLL
Pay period Start Date End Date Check Date
15 6/28/2022 7/11/2022 7/20/2022 1,272,178.69
GRAND TOTAL 2,111,769.78
2/2Page 220 of 348
AGENDA REPORT
Department: Community Development
Prepared by: Dionisia Trejo, Administrative Secretary Meeting Date: Tuesday, August 16, 2022
Approved by: Brad Raulston, City Manager
SUBJECT:
Temporary Use Permit – Spirit Halloween retail tent store hosted by Spirit Halloween at Westfield Plaza Bonita Mall from September 4, 2022 through November 15, 2022 with no waiver of fees.
RECOMMENDATION:
Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees or in accordance to City Council Policy 802.
BOARD/COMMISSION PRIOR ACTION:
Not Applicable.
EXPLANATION:
This is a request from Spirit Halloween to open a temporary outdoor Spirit Halloween retail tent store at Plaza Bonita Mall from September 1, 2022 thru November 5, 2022. Daily hours of operations will be from 10 a.m. to 7 p.m.
This 100 x 100 square foot tent will be set-up on the Westside parking lot of the mall adjacent to Ring Road within lot number location known as Lot #1. This outdoor tent will provide the community with a wide product selection of seasonal items such as Halloween costumes, decorations, and accessories.
If approved, this temporary structure may require additional permits and inspections from both the Building and Fire Department prior to opening for business.
FINANCIAL STATEMENT:
City Fee of $312.00 for processing the TUP through various City Departments, plus $751.00 for Fire Department and $282.00 for Building. Total fees: $1,345.00
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Not Applicable
ENVIRONMENTAL REVIEW:
This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065.
PUBLIC NOTIFICATION:
Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.
ORDINANCE:
Not Applicable
EXHIBITS:
Exhibit A – TUP Spirit Halloween 2022
Exhibit B - Conditions of Approval Spirit Halloween Superstore 2022
1 City of National City ■ Neighborhood Services Department 1243 National City Boulevard ■ National City, CA 91950
(619) 336-4364 ■ fax (619) 336-4217
www.nationalcityca.gov
Special Event Application
Type of Event..
Fair/Festival Parade/March Walk or Run Concert/Performance
TUP Sporting Event Other (specify)
Event Name & Location..
Event Title
Event Location (list all sites being requested)
Event Times..
Set-Up Starts
Date Time Day of Week
Event Starts
Date Time
Day of Week
Event Ends
Date Time Day of Week
Breakdown Ends
Date Time Day of Week
Applicant Information..
Applicant (Your name) Sponsoring Organization
Event Coordinator (if different from applicant)
Mailing Address
Day Phone After Hours Phone Cell _Fax
Public Information Phone E-mail
Applicant agrees to investigate, defend, indemnify and ho ld harmless the City, its officers, employees and agents from and against any and all loss, damage, liability, claims, demands, detriments, costs, charges, expense (including attorney’s fees) and causes of action of any character which the City, its officers, employees and agents may incur, sustain or be subjected to on account of loss or damage to property or the loss of use thereof and for bodily injury to or death of any persons (including but not limited to the employees, subcontractors, agents and invitees of each party hereto) arising out of or in any way connected to the occupancy, enjoyment and use of any City premises under this agreement to the extent permitted by law.
Applicant understands this TUP/special event may implicate fees for City services, which will have to be paid in the City’s Finance Department 48 hours prior to the event set-up. The undersigned also understands and accepts the City’s refund policy for application processing and facility use and that fees and charges are adjusted annually and are subject to change.
Signature of Applicant: Date
2 V
Special Event Application (continued)
Please complete the following sections with as much detail as possible since fees and requirements are based on the information you provide us.
Fees/Proceeds/Reporting..
Is your organization a “Tax Exempt, nonprofit” organization? Yes No Are admission, entry, vendor or participant fees required? Yes No If YES, please explain the purpose and provide amount (s):
$ Estimated Gross Receipts including ticket, product and sponsorship sales from this event.
$ Estimated Expenses for this event.
$ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event?
Description of Event..
First time event Returning Event include site map with application Note that this description may be published in our City Public Special Events Calendar:
Estimated Attendance..
Anticipated # of Participants: Anticipated # of Spectators:
3 V
Traffic Control, Security, First Aid and Accessibility..
Requesting to close street(s) to vehicular traffic? Yes No
List any streets requiring closure as a result of the event (provide map):
Date and time of street closure: Date and time of street reopening:
Other (explain)
Requesting to post “no parking” notices? Yes No
Requested “No Parking” on city streets and/or parking lots (list streets/parking lots) (provide map):
Other (explain)
Security and Crowd Control
Depending on the number of participants, your event may require Police services.
Please describe your procedures for both Crowd Control and Internal Security:
Have you hired Professional Security to handle security arrangements for this event?
Yes No If YES, name and address of Security Organization
Security Director (Name): Phone:
If using the services of a professional security firm and the event will occur on City property, please provide a copy of its insurance certificate, evidencing liability with limits of at least $1 Million dollars per occurrence/$2 Million dollars aggregate, as well as and additional insured endorsement naming the City of National City, its officers, employees, and agents as additional insureds. Evidence of insurance must be provided by the vendor or its insurer to the Neighborhood Services Department at the time of submission. .
Is this a night event? Yes No If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators:
4 First Aid.
Depending on the number of participants, your event may require specific First Aid services. First aid station to be staffed by event staff? Yes No First aid/CPR certified? Yes No
First aid station to be staffed by professional company. ► Company
If using the services of a professional medical organization/company and the event will occur on City property, please provide a copy of its insurance certificate, evidencing liability with limits of at least $1 Million dollars per occurrence/$2 Million dollars aggregate, as well as and additional insured endorsement naming the City of National City, its officers, employees, and agents as additional insureds. Evidence of insurance must be provided by the vendor or its insurer to the Neighborhood Services Department at the time of submission.
Accessibility.
Please describe your Accessibility Plan for access at your event by individuals with disabilities:
Elements of your Event
Setting up a stage? Yes No
Requesting City’s PA system
Requesting City Stage; if yes, which size? Dimensions (13x28) Dimensions (20x28) Applicant providing own stage ► (Dimensions)
Setting up canopies or tents?
# of canopies size
# of tents size
No canopies/tents being set up
5 Setting up tables and chairs?
Furnished by Applicant or Contractor
# of tables No tables being set up
# of chairs No chairs being set up
(For City Use Only) Sponsored Events – Does not apply to co-sponsored events
# of tables No tables being set up
# of chairs No chairs being set up
Contractor Name
Contractor Contact Information
Address City/State Phone Number
Setting up other equipment?
Sporting Equipment (explain)
Other (explain)
Not setting up any equipment listed above at event
Having amplified sound and/or music? Yes No
PA System for announcements CD player or DJ music
Live Music ► Small 4-5 piece live band ► Large 6+ piece live band
Other (explain)
If using live music or a DJ. ► Contractor Name
►
Address City/State Phone Number
6 V
V
V
V
Using lighting equipment at your event? Yes No
Bringing in own lighting equipment
Using professional lighting company ► Company Name
Address City/State Phone Number
Using electrical power? Yes No Using Kimball Park Bowl Lighting (from_____to____)
Using on-site electricity
For sound and/or lighting For food and/or refrigeration
Bringing in generator(s)
For sound and/or lighting For food and/or refrigeration
Vendor Information
Vendor Information
PLEASE NOTE: You may be required to apply for a temporary health permit if food or beverages are sold of given away during your special event. Also see ‘Permits and Compliance’ on page 8 in the Special Event Guide. For additional information on obtaining a temporary health permit, please contact the County of San Diego Environmental Health at (619) 338-2363.
Having food and non-alcoholic beverages at your event? Yes No
Vendors preparing food on-site ► # ► Business License #
If yes, please describe how food will be served and/or prepared:
If you intend to cook food in the event area please specify the method:
GAS ELECTRIC CHARCOAL OTHER (Specify):
Vendors bringing pre-packaged food ► # ► Business License #_
Vendors bringing bottled, non-alcoholic beverages (i.e., bottled water, can soda, etc.) ► #
Vendors selling food # ► Business License #(s)
Vendors selling merchandise # ► Business License #(s)
Food/beverages to be handled by organization; no outside vendors
Vendors selling services # ► Business License #(s)
► Explain services
Vendors passing out information only (no business license needed) #_
► Explain type(s) of information
No selling or informational vendors at event
7 V
V
V
V
Having children activities? Yes No
PLEASE NOTE: In the event inflatable jumps are provided at the event, The City of National City requires commercial liability insurance with limits of at least $1 Million dollars per occurrence/$2 Million dollars aggregate. In addition, the City of National City must be named as an Additional Insured pursuant to a separate endorsement, which shall be provided by the vendor or its insurer to the City’s Risk Manager, along with the Certificate of Insurance, for approval prior to the event. The application should be filed out at least one week prior to the event. For questions or to obtain a copy of the “Facility Use Application”, please contact the Engineering/Public Works Department at (619) 336-4580.
Inflatable bouncer house # Rock climbing wall Height
Inflatable bouncer slide # Arts & crafts (i.e., craft making, face painting, etc.)
Carnival Rides ____________________ Other __________________________________
Having fireworks or aerial display? Yes No
Vendor name and license #
Dimensions Duration
Number of shells Max. size
PLEASE NOTE: In the event fireworks or another aerial display is planned for your event, The City of National City requires commercial liability insurance with limits of at least $2 Million dollars per occurrence/ $4 Million dollars aggregate. In addition, the City of National City must be named as an Additional Insured pursuant to a separate endorsement, which shall be provided by the vendor or its insurer to the City’s Risk Manager, along with the Certificate of Insurance, for approval prior to the event. Depending on the size and/or nature of the fireworks display, the City reserves the right to request higher liability limits. The vendor must also obtain a fireworks permit from the National City Fire Department and the cost is $545.00
Arranging for media coverage? Yes No
Yes, but media will not require special set-up
Yes, media will require special set-up. Describe
8 V
V
V
V
V
V
V
V
V
Event Signage..
Event
PLEASE NOTE: For City sponsored or co-sponsored events, banners publicizing the event may be placed on the existing poles on the 1800 block and 3100 block of National City Boulevard. The banners must be made to the City’s specifications. Please refer to the City’s Special Event Guidebook and Fee Schedule for additional information.
Are you planning to have signage at your event? Yes No
Yes, we will post signage # Dimensions
Yes, having inflatable signage # ► (complete Inflatable Signage Request form) Yes, we will have banners #
What will signs/banners say?
How will signs/banners be anchored or mounted?
Location of banners/signage _________________________________________________________ Waste Management..
PLEASE NOTE: One toilet for every 250 people is required, unless the applicant can show that there are sufficient facilities in the immediate area available to the public during the event.
Are you planning to provide portable restrooms at the event? Yes No
If yes, please identify the following:
► Total number of portable toilets:
► Total number of ADA accessible portable toilets:
Contracting with portable toilet vendor. ►
Company Phone
► Load-in Day & Time ► Load-out Day & Time
Portable toilets to be serviced. ► Time
Set-up, Breakdown, Clean-up.
Setting up the day before the event?
Yes, will set up the day before the event. ► # of set-up day(s)
No, set-up will occur on the event day
Requesting vehicle access onto the turf?
Yes, requesting access onto turf for set-up and breakdown (complete attached Vehicle Access Request form)
No, vehicles will load/unload from nearby street or parking lot.
9 V
V
V
V
V
NPDES-Litter Fence
NPDES-Litter Fence
City to install litter fence
Applicant to install litter fence
N/A
Breaking down set-up the day after the event?
Yes, breakdown will be the day after the event. ► # of breakdown day(s)
No, breakdown will occur on the event day.
How are you handling clean-up?
Using City crews
Using volunteer clean-up crew during and after event.
Using professional cleaning company during and after event.
Miscellaneous..
Please list anything important about your event not already asked on this application:
Please make a copy of this application for your records.
We do not provide copies.
10 I. Special Event Information
Special Events
Pre-Event Storm Water Compliance
Checklist
Name of Special Event:
Event Address: Expected # of Attendees:
Event Host/Coordinator: Phone Number: _____________________
II. Storm Water Best Management Practices (BMPs) Review
YES NO N/A
Will enough trash cans provided for the event?
Provide number of trash bins:
Will enough recycling bins provided for the event?
Provide number of recycle bins:
Will all portable toilets have secondary containment trays? (exceptions for ADA compliant portable toilets)
Do all storm drains have screens to temporarily protect trash and debris from entering?
Are spill cleanup kits readily available at designated spots?
* A Post-Event Storm Water Compliance Checklist will be completed by City Staff.
11 City of National City
PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION
AGREEMENT
Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. The insurance company issuing the insurance policy must have a A.M. Best’s Guide Rating of A:VII and that the insurance company is a California admitted company; if not, then the insurance policy to the issuance of the permit for the event. The Certificate Holder must reflect:
City of National City
Risk Management Department
1243 National City Boulevard
National City, CA 91950
Organization:
Person in Charge of Activity:
Address:
Telephone: Date(s) of Use:
HOLD HARMLESS AGREEMENT
As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorney’s fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors.
Signature of Applicant:
Official Title: Date:
Certificate of Insurance Approved Date
TO BE POSTED IN A CONSPICUOUS PLACE
AND
NOT TRANSFERABLE OR ASSIGNABLE
Business Name
Business Location
Business Owner(s)
Account Number
Effective Date
Expiration Date
City of National City
BUSINESS TAX CERTIFICATE
"For Services Provided in National City, California Only" 3030 PLAZA BONITA RD 1025
NATIONAL CITY, CA 91950-8010
SPIRIT HALLOWEEN SUPERSTORES, LLC
6826 BLACK HORSE PIKE
EGG HARBOR TOWNSHIP, NJ 08234-4132
STEVE B (PRES/CEO) SILVERSTEIN
JEFF SCHAFFER (ZONE MANAGER)
Business Type Retail Sales - General
January 01, 2022
December 31, 2022
09019446
SPIRIT HALLOWEEN SUPERSTORES, LLC
Thank you for your payment on your National City Business Tax Certificate. ALL CERTIFICATES MUST BE AVAILABLE FOR INSPECTION UPON REQUEST. If you have questions concerning your business license, contact the Business Support Center via email at: [email protected] or by telephone at: (619) 382-2596 Keep this portion for your license separate in case you need a replacement for any lost, stolen, or destroyed license. A fee may be charged for a replacement or duplicate certificate.
This certificate does not entitle the holder to conduct business before complying with all requirements of the National City Municipal code and other applicable laws, nor to conduct business in a zone where conducting such business violates law.
If you have a fixed place of business within the National City, please display the Business Tax Certificate below in a conspicuous place at he premises. Otherwise, every Business Tax Certificate holder not having a fixed place of business in the City shall keep the Business Tax Certificate upon his or her person, or affixed in plain view any cart, vehicle, van or other movable structure or device at all times if required by the Collector.
Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender-based discrimination of business establishments. A full notice is available in English or other languages by going to: https://www.dca.ca.gov/publications/ City of National City
BUSINESS TAX CERTIFICATE
BUSINESS TAX SUPPORT CENTER
8839 N CEDAR AVE #212
FRESNO, CA 93720-1832
Date of Issue: 01/01/2022
09019446Account Number: SPIRIT HALLOWEEN SUPERSTORES, LLC 6826 BLACK HORSE PIKE
EGG HARBOR TOWNSHIP, NJ 08234-4132
2022
SPIRIT HALLOWEEN SUPERSTORES, LLC
For all inquiries regarding this certificate, contact HdL Business Tax Support Center at (619) 382-2596.
THIS BUSINESS TAX CERTIFICATE DOES NOT PERMIT A BUSINESS THAT IS OTHERWISE PROHIBITED.
NOTE: IT IS YOUR OBLIGATION TO RENEW THIS
CERTIFICATE WHETHER OR NOT YOU RECEIVE A
RENEWAL NOTICE
City Manager
May 24, 2022
City ofNational City
Neighborhood Service Division
1243 National City Boulevard
National City, California 91950-4301
Re: Temporary Use Permit
Spirit Halloween Superstores LLC (Spirit Halloween) - Westfield Plaza Bonita To whom it may concern:
I hereby authorize Spirit Halloween Superstores, LLC and its authorized representatives to operate a business known as Spirit Halloween in a portion of parking lot #1 at Westfield Plaza Bonita during the dates of July 15, 2022 through November 15, 2022.
Spirit Halloween Superstores LLC and its authorized representatives have permission to install tempora1y power to poles in parking lot #1 to provide power during the tempora1y use time if adequate power is not already in place.
Spirit Halloween Superstores LLC and its authorized representatives will obtain all necessary pennits from National City for occupancy at Westfield Plaza Bonita.
Please feel free to call me if you have any questions at 619.267 .2850.
Wstflefd PLAZA BONITA
3030 Plaza Bonita Road #2075
National City, CA 91950
SPIRIT HALLOWEEN
3030 Plaza Bon ita Rd.
National City, CA 91950
TOTAL TENT SQFT- 10,000
SALES FLOOR USE- 8500
OCCUPANCY 8500/60
CBC 1004.1
OCCUPANCY 141
STORE HOURS 9AM-11PM
STORE OPEN 08/15/2022
STORE CLOSE 11/ 15/ 2022
STORE BUILD START os/ 01/ 2022
All aisle ways will have a
minumium of 4' spacing for
accessibility
All Exit Signs will have flood lights
and are Battery Illuminated
Deluxe restroom - 2
Wheelchair accessible
restroom -1
Two station sink - 1
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ਮwww.kenten-tent.comKENTEN EXPO GROUP LTD(GUANGZHOU)[email protected]
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During the operation, workers must wear safety helmets, hard shoes and gloves. When the constructionheight reaches two meters, the safety belt must be fastened.
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ਮ[email protected]ᒯᐎᔪᔧKENTEN EXPO GROUP LTD(GUANGZHOU)
[email protected]
สᓅᓗBase Plate
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㷪ṃBolt M16*35
ॱᆇ᫁Cross Brace
ݳReinforce units
ݳReinforce units
ቻ䶒䫒㔶Roof Cable
4880
300*120
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Install Instruction:1.According to graph of span, unit interval and diagonal dimension positioningand installed base plate. 2.The location and the selection of the reinforce units.(1)Install one reinforce unit when there are 1 to 2 units of the tent.(2)Install the reinforce system in the first and last unit of the tent when there are 3 to 6 unitsin the tent. (3). The pawn unit with a unit of more than 6 units, each 3 units to install a groupof reinforcement systems (the first unit of the tent and the last unit to install the reinforcementsystem);3.The methods of weighting fixation and the selection for the suitable environment.(1)Use anchor drill into the grass or sand land. (2)Use expansion bolt drill into cement orsolid land. (3)Use weighting plate to hold the tent if it can be not used the above two methods. പս㖞ᐳ㖞മ
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3053631740
KENTEN EXPO GROUP LTD(GUANGZHOU)
[email protected]
ᯌằFrame Beam
ቻ亦㈧ᐳRoof Cover䗩້തᐳSide wall Cover
ḡ Gable side Poleኡ້䗩ᔰਓᯩ㇑ Gable side eave Purlinኡ້ᔰਓᯩ㇑ Gable eave Purlin ⌘һ亩˖ᢺ⢙ᯉˈ᤹മᡰ⽪ս㖞᩶᭮ྭˈ䘋㹼᧕઼㻵䝽㷪Ⲵս㖞৺㷪ṃоᯩੁ㾱᤹മᡰ⽪㻵䝽˅DŽ亦䀂ཀྵᶯਚᆹ㻵൘䴰㾱ቻ䶒䫒㔶Ⲵ亦䀂кDŽ5HPLQGLQJV˖1. put the materials in accordance with thepositions shown in the drawings, splice andassemble bolts (the location of reinforcementunits and bolts and directions should beinstalled as shown).2. the top insertion plateis only installed on the top corner of the roofcable. ݳReinforce units
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0
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1111
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䬍රᶀaluminum profile131*90*2.5
䬍රᶀaluminum profile60*60*3
䬍රᶀaluminum profile85*85*3
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0
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ᯌằFrame Beam
0
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ኡ້䗩ᔰਓᯩ㇑ Gable side eave Purlin
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ḡ Gable side Pole
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KENTEN EXPO GROUP LTD(GUANGZHOU)
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ॱᆇ᫁Cross Brace
ॱᆇ᫁Cross Brace
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Step 1
↕僔Ҽᯭᐕ䈤᰾˖ሶॱᆇ઼᫁สᓅᓗ䘋㹼䘎᧕DŽ嗉䰘ᷦ䎧↓ਾˈє䗩਼ᰦᆹ㻵ྭॱᆇ᫁DŽപᇊᒣ㺑㔣DŽ䀓ᔰᑖ᧕⵰ྲ↕僔аᡰ⽪䎧ਖањ嗉䰘ᷦDŽ1. Before pulling the frame truss,connect thecross braces and the base plate. 2. After theframe truss is erected install the brace on bothsides.3. Fixed balance rope.4.Untie the straps and pull another truss as shownin step 1.
Step 2
↕僔йᯭᐕ䈤᰾˖ᤲᤲᑖᕟ䫙䛓ㄟˈਾ⭘᫁ᵶᤲਖаㄟDŽᣔ㔣ᶕ⢥ᕅ䈳ᮤ嗉䰘ᷦDŽᆹ㻵ਖཆаᶑॱᆇ᫁DŽ11.Pull up the next truss and fix it by hangingeave purlins.Hang the tow sides and roof purlinsfirst. Hang the end with a hook first,then hangthe other end with fork. 2.Hang up the restpurlins and use the protective rope to adjust thetruss if it is not reachable by the buckle . 3.install another cross brace.
Step 3 ↕僔ഋᯭᐕ䈤᰾˖ᤲྭᯩ㇑ਾˈᆹ㻵ቻ䶒䫒㔶ˈᒦ䈳㍗DŽInstall Instruction: 1.Install and adjust tightlythe roof cable after hanging the eave purlin.Step 4 ḡ Gable side Pole
ኡ້䗩ᔰਓᯩ㇑ Gable side eave PurlinF
↕僔ӄᯭᐕ䈤᰾˖䘠ᆹ㻵ॱᆇ᫁1.install the rest trusses ,purlins and crossbrace as the previous instruction.Step 5 ॱᆇ᫁Cross Brace
ਮ
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1. first,tie the strap at two points on the upperand lower frame bean connections as shown in thedrawings(Pre-installing pull-out rope at thehanging point facilitates the removal of thestrap),lnstall the protecting rope at the topcorner and install the balancing rope at bothsides of frame beam .2. use a crane with acapacity of 25 tons or more to pull the frametruss , and use 1-2 people to pull the protectingrope at the top corner to prevent the truss fromshaking too much. ᒣ㺑㔣 Rope
ᔰਓᯩ㇑Eave Purlin
2ॱᆇ᫁Cross Brace
ቻ䶒ᯩ㇑Roof Purlin
ᒣ㺑㔣Rope
ᯌ᭟᫁Fork
аਠԕкᵪ㻵ᑖ
KENTEN EXPO GROUP LTD(GUANGZHOU)
ᒯᐎᔪᔧ[email protected] 3 ቻ亦㈧ᐳRoof Cover
㜦ᶑ㜦ᶑᆄstripStrip slot
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1. Put the top cover in the position shown in the picture.Method 1: By pulling the top cover ring, place the two pullingropes on the roof. Buckle the pull rope with the top coverring(note:do not reverse the top cover).The loopback buckle ison one of the drawstring buckles. Method 2: By using the topcover tension bar: firstly install the tension bar into the topcover sleeve,and then fasten the pull rope and the return ropeat both ends of the tension bar.2. Insert the rubber strip ofthe top cover into the slot hole of the end of frame beam asshown in the enlarged version,Stop pulling the top cover whenit's a bout 2M to other end install the tension bar as shown inthe figure .
Step 6
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1. when there is 0.5m left of the top cover as shown in thefigure,install the bracket straight and roof cover tensionscrew at both ends of the tension bar( the effective distanceof all roof cover tension screws on the same side shall be thesame 15cm ), and tighten the top cover.Install the tensionbar,bracket straight and roof cover tension screw.2. Bring backthe two pull ropes through the return rope. Install theremaining top cover.3. Use the bracket with buckle on the gableside.4. Adjust the screws on both sides of the top cove totighten.
Step 7
2 1
й䀂ᐳѝ㕍䘎᧕ᵶGable triangle connection
྇㇑ⴤ䙊Bracket Straightй䀂ᐳ㍗ಘstretcherTightener mounting hole ྇㇑ⴤ䙊Bracket Straight྇㇑ᑖᢓⴤ䙊Bracket with buckle
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1. install the triangle cover as shown in the figure,and install the gabletriangle connection from the top down. 2.Connect the triangle cover tension barwith bracket and fastened by stretcher.Buckle the barckets on two ends withroof cover bracket. 3. installation of sidewall: Find the sidewall coverchannel on the frame pole as shown. Install the Kedar into the channel on fromtop and then down.Place the upper end sliders into the eave purlin in turn . 4.Use the inner cover channel on the gable side.
Step 8
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slider
slider holeкᐳsidewall cover channel
1䗩້തᐳsidewall cover
↕僔ҍᯭᐕ䈤᰾˖л⭡㔣ᆀᢓശᆄˈ⭡лаᶑ㔣ᆀӾкаᶑク䗷৫˄ྲമᡰ⽪˅ᴰਾаᶑǃᢃ⍫㔃DŽн⭘ᆹ㻵˅⭘⧟㷪ṃሶ䗩ᐳ䟽㇑䘎᧕൘ᓅᓗкDŽᆼᡀDŽ1.After weaving the two pcs covers together, fasten a roundhole from the top to the bottom by nylon rope, pass through thenext rope to the top one(as show in the figure). The last onehits the kont.2. Install the sidewall tension bar to the sidewall covesleeve. 3.Connect the sidewall tension bar to the base platewith eyebolts. 4.Installation finish Step 9
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sidewall cover䗩້ᐳ䟽㇑
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0
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2 eyeboltsgable sidewall
sidewall tension barsidewall tension bar
sidewall tension bar
M10*90
eyeboltsM10*90
KENTEN EXPO GROUP LTD(GUANGZHOU)
CITY OF NATIONAL CITY
NEIGHBORHOOD SERVICES DEPARTMENT
APPLICATION FOR A TEMPORARY USE PERMIT
CONDITIONS OF APPROVAL
SPONSORING ORGANIZATION: Spirit Halloween
EVENT: Spirit Halloween Superstore
DATE OF EVENT: 09/01/2022 – 11/05/2022
APPROVALS:
COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ ] COMMUNITY DEVELOPMENT YES [ x ] NO [ ] SEE CONDITIONS [ x ]
CONDITIONS OF APPROVAL:
PUBLIC WORKS (619)366-4580
No involvement
POLICE DEPARTMENT
No comments
ENGINEERING
No comments
COMMUNITY SERVICES
No involvement
FINANCE
Spirit Halloween Superstores, LLC has a current business license (#09019446).
Finance/Business License has no further comments.
COMMUNITY DEVELOPMENT
Planning
No comments
Building
A Building permit will be required for the Spirit Halloween Superstore LLC, Tent, Temporary Power Pole, Generators and any other structures involved for the event.
In order to properly process the Building Permit provide a clear detailed plan minimum size 30” X 24”, 3 copies. The plans should include all the details for the following:
1. Complete plans and details for the Tent Structure
2. ADA - complete accessibility details
3. Generator - details of size and number of generators (with grounding details). Is power to be provided only by a generator? If power is to be provided by a temporary power pole a permit for the T-pole is required.
4. Electrical - What will the generators provide power for? Load Calcs., cable/trip protection
5. Site Lighting
6. Exiting - We need all details for exiting, including exit distances, fencing, lighting, total area in square feet of fenced areas.
7. Mechanical – Details for Air Conditioning and heat.
8. Maximum total attendance (Occupants) include all employees and staff. This will determine number of bathrooms, hand wash stations and exits
9. Show all extinguishers on site plan
10. Details for Tents and Canopies – provide Flame Retardant Certificate
11. Special Effects if any
Fees:
Generator $64
Plan Check $154
Temporary Service $64
Neighborhood Services
Neighborhood Notifications – Events are required to notify residents and/or businesses of the surrounding impacted areas by the event. The notice shall include the name of the event, name and phone number of the company/organization producing the event, the dates and times of the event (including set-up and breakdown) and a detailed description of how the residents and/or businesses may be affected, such as by street closures, “No Parking” signs being posted, music at the event, etc.
Display of banners -- Banners are allowed on site for event but must be removed immediately thereafter event completion. If you wish to place banners in any location other than on-site, you must get approval from the property/business owner where you intend to display the banner.
RISK MANAGER (619) 336-4370
Risk Management has reviewed the above-captioned application for issuing a Temporary Use Permit. As much as the event will be held solely on private property, no additional insurance requirements are necessary for the permit issuance.
It should be noted that the applicant properly executed the Hold Harmless and Indemnification Agreement when the Special Event Application was submitted.
FIRE (619) 336-4550
$751.00 TENT FEE
Stipulations required by the Fire Department for this event are as follows:
1) Access to the area to be maintained at all times, entrances and emergency roadways
2) Fire Department access into and through event areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 14 feet
3) Fire Hydrants shall not be blocked or obstructed
4) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s)
5) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s)
6) If tents or canopies are used, the following information shall apply:
Tents having an area from 0-200 square feet shall be $391.00 Tents having an area more than 201 square feet shall be $751.00 Canopies having an area from 0-400 square feet shall be no charge. Canopies from 401-500 square feet shall be $391.00.
Canopies from 501-600 square feet shall be $436.00.
Canopies from 601 square feet or greater shall be $571.00. Multiple tents and or canopies placed together equaling or greater than the above stated information shall be charged accordingly. Tents shall be flame -retardant treated with an approved State Fire Marshal seal attached. A permit from the Fire Department must be obtained. Fees can only be waived by the City Council.
A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained
7) A tent shall not be loc ated within 20 feet of lot lines, buildings, other tents, canopies or membrane structures, parked vehicles or internal combustion engines. For the purpose of determining required distances, support ropes and guy wires shall be considered as part of the te mporary membrane structure, tent or canopy
8) Provide a minimum of 2A:10BC fire extinguishers inside tent area. Extinguisher to be mounted in a visible location between 3½‘to 5’ from the floor to the top of the extinguisher ( See Attached). Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. A sign describing location of extinguisher ( Fire Extinguisher ) shall be placed immediately above the fire extinguisher
9) Exit openings from tents shall remain open and ident ified unless covered by a flame –resistant curtain. The curtain shall comply with the following:
Curtains shall be free sliding on a metal support. The support shall be a minimum of 80 inches above the floor level at the exit.
Then curtains shall be so arranged that, when open, no part of the curtain obstructs the exit
Curtains shall be of a color, or colors, that contrast with the color of the tent
10) In public tent areas, smooth surfaced, unobstructed aisles having a minimum width of not less than 44 inches shall be provided from seating areas, and aisles shall be progressively increased in width to provide, at all points, not less than 1 foot of isles width for each 50 persons served by such aisles at the point
11) The arrangement of aisles shall be subject to approval by the fire code official and shall be maintained clear at all times during occupancy
12) All chairs used for seating inside tent shall be secured to one another using approved chair binding methods
13) Exits shall be clearly mark ed. Exit signs shall be installed at required exit doorways and where otherwise necessary to indicate clearly the direction of egress when the exit serves and occupant of 50 or more
14) Exit signs shall be GREEN in color and shall be of an approved self -lumination type or shall be internally or externally illuminated by luminaries supplied in the following manner:
Two separate circuits, one of which shall be separated from all other circuits, for occupant loads of 300 or less
15) Means of egress shall be illuminated with light ( Bug Eyes) having an intensity of not less than 1 foot -candle at the floor level while the structure is occupied.
Fixtures required for means of egress illumination shall be supplied from a separate circuit or source of power
16) Exits, aisles and passageways shall not be blocked, locked or otherwise obstructed, and shall have their minimum clear width available at all times
17) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as “Temporary Wiring” only. Consult building official for requirements and inspection of electrical
18) Vehicles shall be isolated from contact with the tents or canopies, Vehicles shall be at least 20 feet away from tents or canopies
19) Every room or space, shall have the occupant load of the tent or space posted in a conspicuous place, near the main exit or exit access doorway from the room or space. Posted signs shall be of an approved legible permanent design and sha ll be maintained by the owner or authorized agent. The maximum occupant load of this space shall be based on room set -up and items placed inside tents or canopies. The maximum occupancy load shall posted by the Building or Fire Official based on room con figuration. At no time shall the owner or agent allow the posted occupant load to be exceeded. Occupant load sign shall be clearly visible at all times and maintained at all times.
20) Smoking shall not be permitted in tents, canopies or membrane struc tures.
Approved “No Smoking” signs shall be conspicuously posted
21) Spot or effect lighting shall only be by electricity, and all combustibles construction located within 6 feet of such equipment shall be protected with approved noncombustible insulation not less than 9.25 inches thick.
22) There shall be a minimum clearance of at least 3 feet between the fabric envelope and all contents located inside the tent structure.
23) The floor surface inside tents and canopy structures and grounds outside and within a 30-foot perimeter shall be kept clear of combustible waste. Such waste shall be stored in approved containers until removed from the premises.
Combustible waste shall be removed from the structure as necessary and daily to meet code.
24) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event
25) Please contact the National City Fire Department to arrange a time for inspection. Periodic inspections will be conducted by the Fire Department for this event
26) Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of two hundred ($211.00) dollars.
27) Fire Department fees can only be waived by City Council
28) All Jumpers, Bounce Ho uses, Inflatables, Stage coverings etc. shall have a Certificate of State Fire Marshal flame resistance shall be provided to the National City Fire Department before the event.
29) The fence around and the tent must have Building Department approved exits.
30) Any electrical power used is to be properly grounded and approved by the Building Official. Extension cords shall be used as “temporary Wiring” only.
31) Internal combustion power sources that may be used for “Light Towers” shall be of adequate ca pacity to permit uninterrupted operation during normal operating hours.
32) Internal combustion power sources shall be isolated from contact with the public by either physical guards, fencing or an enclosure.
If you have any questions please feel free to contact me.
AGENDA REPORT
Department: Community Development
Prepared by: Martin Reeder, AICP – Planning Manager, Planning Division Meeting Date: Tuesday, August 16, 2022
Approved by: Brad Raulston, City Manager
SUBJECT:
Public Hearing – Conditional Use Permit Modification for the addition of live entertainment and modified operating hours at an existing public market (Market on 8th) located at 41 East 8th Street.
RECOMMENDATION:
Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. (Community Development)
BOARD/COMMISSION PRIOR ACTION:
The Planning Commission recommended approval of the Conditional Use Permit.
EXPLANATION:
The market has an existing Conditional Use Permit (CUP), approved in 2016 for a beer tasting room (ABC Type 23 license) with operating hours of noon to 10:00 p.m. daily. The applicant is proposing to change to a Type 41 license (on -sale beer and wine – eating place) and offer live entertainment in the form of live music, DJ, and karaoke. Requested hours of alcohol sales are 6:00 a.m. to 1:00 a.m. daily with live entertainment fr om 8:00 a.m. to 1:00 a.m. daily (since modified by the Planning Commission) . Other requested modifications include adding a bar on the rear patio, allowing alcohol consumption on the front patio, and selling craft beer and wine to go.
The Planning Commission conducted a public hearing on July 18, 2022 and voted to recommend approval of the request based on the attached findings and recommended Conditions of Approval, with modified hours of live entertainment and additional conditions related to security and the need for a noise study prior to live entertainment taking place.
The attached background report describes the proposal in detail.
FINANCIAL STATEMENT:
Not Applicable
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Not Applicable
ENVIRONMENTAL REVIEW:
This is a project under CEQA subject to a Categorical Exemption. Existing Facilities CCR 15301.
This project qualifies for a Notice of Exemption. CCR 15374.
PUBLIC NOTIFICATION:
Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.
ORDINANCE:
Not Applicable
EXHIBITS:
Exhibit A -
1. Background Report
2. Recommended Findings
3. Recommended Conditions of Approval
4. Overhead
5. Applicant's Plans (Exhibit A, Case File No. 2022-18 CUP, dated 4/7/2022)
6. City Council Resolution 206-122
7. City Council Policy 707
8. Public Hearing Notice (Sent to 595 property owners & occupants)
9. Public comment
10. Census Tract & Police Beat Maps
11. PD comments
12. CEQA Notice of Exemption
13. PC Resolution 2022-16
14. Resolution
ATTACHMENT 1
BACKGROUND REPORT
Staff Recommendation
Staff recommends approval of th e request for extended alcohol s ales hours, live entertainment, and other proposed modifications subject to the attached recommended conditions. The sale of alcohol a nd live entertainment are cond itionally-allowed uses in Development Zone 4 and would be accessory to food sales at the market.
Executive Summary
The market has an existing Conditional Use Permit (CUP), approv ed in 2016 for a beer tasting room (ABC Type 23 license) with operating hours of noon to 10:00 p.m. daily. The applicant is proposing to change to a Type 41 license (on-sale beer and wine – eating place) and offer live entertainment in the form of live music, DJ, and karaoke. Requested hours of alcohol sales are 6:00 a. m. to 1:00 a.m. daily with li ve entertainment from 8:00 a.m. to 1:00 a.m. daily. Other r equested modifications include adding a bar on the rear patio, allowing alcohol consumption on the front patio, and selling craft beer and wine to go.
Site Characteristics
The project site is Market on 8th, a multi-tenant food service and retail market. The market is located in the Downtown Specific Plan area. The market has 1 2 restaurants and two retail merchants, as well as an exterior beer garden/outdoor se ating area. One of the primary tenants is Novo Brazil, a local craft beer company that has occupied the building since it opened. Novo Brazil has an ABC (California Alcoholic Beverage Control) Type 23 license (Small Beer Manufacturer), typical of craft beer establ ishments. Current alcohol sales hours are 12 p.m. to 10:00 p.m. daily.
Although the business opened prior to the City’s Tasting Room O rdinance (adopted in 2017), it is still subject to City Council Policy 707, which re gulates alcohol sales in the City. This includes the sale of beer to go, which has occurred since that time. At the time of CUP approval, the City Council waived the requirement for alcohol sales to occur with food and alcohol sales to not exceed food sales.
Proposed Use
The applicant is proposing to change to a Type 41 license (on-sale beer and wine – eating place), which will be associated with a restaurant within the m arket (Weapon Ramen).
Novo Brazil will be leaving the market and the Type 23 license will be transferred elsewhere. The current beer bar area inside the market will remain and continue to be the location for alcohol sales. Hours are requested to be extended from 10:00 a.m. to 10:00 p.m. daily to 6:00 a.m. to 1:00 a.m. daily.
The applicant is also requesting live entertainment in the form of live music (solo entertainer or bands), DJ, and karaoke. Live entertainment hours are proposed from 8:00 a.m. to 1:00 a.m. daily.
Other requested modifications inc lude adding a small mobile bar on the rear patio, allowing alcohol consumption on the front patio, and selling beer and wine t o go. While the current craft brewery is permitted to offer beer to go (growlers) that is only through City Council Policy 707 and not through CUP conditions. The change in ABC license would necessitate this request being permitted by new conditions of approval. On and off- site beer and wine sales have previously approved at the Waterfront Grill (Pier 32 Marina).
Planning Commission Action
The Commission held a public hearing on July 18, 2022. 39 comments were provided at the hearing and read into the record, 26 in support and 13 in opposition. The Planning Commission discussed hours of operation, noise issues, and the need for security. The Commission ultimately recommended approval of the CUP modification r equest, with changes in live entertainment hours and the addition of conditions related to security and a noise study.
Analysis
Section 18.30.050 of the National City Land Use Code allows for on and off-site alcohol sales with an approved Conditional Use Permit (CUP). Additional requirements for alcohol CUP’s include expanded notification, a community meeting, and distance requirements, although community meetings are not required for CUP modifications or live entertainment (just new applications for businesses selling alcohol). In addition, distance requirements were analyzed for the original CUP.
Mailing – All property owners and occupants within a distance of 660 feet are required to be notified of a public hearing for alcohol-related CUP applications, as was done in this case. 595 notices were mailed for this public hearing.
Public comment
Staff received a total of 44 comments in response to the public notice for the Planning Commission. Five were emails received prior to the Planning Commission staff report, with the remainder presented at the hearing, as mentioned above. Most comments in opposition had c oncerns over noise and the late hours of liv e entertainment. All public comments are included as Attachment 9.
Hours of Operation
The most recent CUP’s for on-si te alcohol consumption have had varying hours of operation (see following table). The Grill House at Big Ben, which received a CUP for on- site alcohol consumption and live entertainment in 2015, is located at the opposite corner of the same intersection. Alc ohol consumption is limited until 10:00 p.m. daily. McDini’s across ‘A’ Avenue to the east has alcohol sales until 2:00 a.m. daily.
Business Address CUP type End time
Grill House at Big Ben 108 E 8 th St Beer & Wine 10 p.m.
Denny’s 1904 Sweetwater R d Beer & Wine 11 p.m.
Royal Mandarin 1132 E Plaza Blvd Beer & Wine 10 p.m.
Chipotle 404 Mile of Car s Way Beer 11 p.m.
Hooters (closed) Westfield Plaza Bonita Beer/Wine/Spirits 12 a. m.
Yi Sushi 1430 E Plaza Blvd Beer & Wine 11 p.m.
Conditions of approval for alcohol sales hours reflect what the applicant has requested (6:00 a.m. to 1:00 a.m.). The applicant has stated that the large timeframe is to cover the potential for events that may occur outside normal market operating hours.
Live entertainment
As mentioned above, the applicant originally proposed live entertainment from 8:00 a.m. to 1:00 a.m. daily. There have been three CUPs in recent years that included live entertainment as follows:
Business Address Year Entertainment hours
Tita’s II 3421 Plaza Blvd. 2010 5 p.m. to 12 a.m. W-Sa
Big Ben Market 108 East 8 th St. 2015 12 p.m. to 10 p.m. F-Sa 12 p.m. to 9 p.m. Su
Gerry’s Grill Westfield Plaza Bonita 2021 7:30 p.m. to 10 p.m. Th 8:30 p.m. to 11:30 p.m.
After discussion at the Planning Commission, the following hour s were proposed and were included in the approval resolution:
Live entertainment inside the building shall be permitted during the following hours:
Sunday 12:00 p.m. to 10:00 p.m.
Monday to Thursday 3:00 p.m.* to 10:00 p.m.
Friday 3:00 p.m.* to 11:30 p.m.
Saturday 12:00 p.m. to 11:30 p.m.
Live entertainment outside the building shall be permitted during the following hours.
Sunday 12:00 p.m. to 8:00 p.m.
Monday to Thursday 3:00 p.m.* to 8:00 p.m.
Friday 3:00 p.m.* to 9:00 p.m.
Saturday 12:00 p.m. to 9:00 p.m.
* On days when Integrity Charter School is not in session, live entertainment may begin at 12:00 p.m.
Conditions have been included to require compliance with noise limitations contained in Title 12 (Noise) of the Municipal Code. Conditions also include requiring doors and windows to remain closed after 9:00 p.m. during live entertainm ent activities. The Planning Commission added a condition (No. 18) requiring a noise study prior to any live entertainment activities.
Required findings
The Municipal Code contains required findings for Conditional Use Permits. There are six required findings:
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.
Alcohol sales and live entertainm ent are allowable within Devel opment Zone 4 of the Downtown Specific Plan, 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.
Alcohol sales and live entertainment are permitted, subject to a Conditional Use Permit, by the Land Use Code, which is consistent with the General Plan. A restaurant accessory beer sales is also a use that is consistent with Development Zo ne 4 of the Downtown Specific Plan, which allows such uses.
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 p roposed. 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 use is existing and is accessory to the restaurant and public market, which is located in an existing commercial area. The building is existing and has ten on-street parking spaces adjacent to the property, as well as access to several n earby parking areas. Live entertainment would occur within the existing building.
5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located.
The sale and consumption of beer and wine would continue to be a small part of the overall public market use, with the alcohol serving area only 10% of the total floor area of the whole property. Alcohol consumption would be monitored by staff of the public market. In addition, the proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available. Furthermore, live entertainment will be limited to appropriate hours and to maximum noise standards to avoid impacts to nearby residential uses.
6. The proposed project has been reviewed in compliance with th e California Environmental Quality Act.
The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and has been determined to be categorically exempt from environmental review pursuant to Class 1, Section 15301 (Existing Facilities) for which a Notice of Exemption will be filed subsequent to approval of thi s Conditional Use Permit.
The reason for the exemption is that no expansion of the buildi ng is proposed and uses would basically be the same as the current uses and the density of which were analyzed as part of the Downtown Specific Plan.
7. That the proposed use is deemed essential and desirable to the public convenience or necessity.
Alcohol sales have cont ributed to the viability of the public m arket, an allowed use in Development Zone 4 of the Downtown Specific Plan. The existing tasting room has been a draw for area and non-area residents alike and has further activated the downtown core,
consistent with the spirit and intent of the Downtown Specific Plan. The addition of live entertainment is expected to add to the success of the market a nd the enjoyment of its patrons.
Department and Agency Comments
Alcohol Sales Concentration/Location – Per ABC, there are currently four on-sale permits issued in the subject census tract (118.01). These permits are:
Name Address License Type* CUP
Oriental Café 39 East 7 th Street 41 -
McDini’s 105 East 8 th Street 47 -
Napoleone’s Pizza House 619 National City Blvd. 41 Y
Market on 8th 41 East 8 th Street 23 Y
* Type 41 – On-Sale Beer and Wine
Type 47 – On-Sale General
Type 23 – Small Beer Manufacturer
Of the four licenses, two are restaurants, one a bar that also offers food, and the applicant’s business. The subject use is consistent with other on-sale businesses, all of which are consistent with the Downtown Specific Plan.
Census tract 118.01 includes the area between Division Street a nd East 8th Street, and between National City Blvd. and Highland Avenue. The attached census tract map shows the location of the subject tract. ABC recommends a total of four off-sale alcohol permits be issued in this census tract, where four exist.
Police Department (PD)
The ABC Risk Assessment provided by PD allocated a total of 14 points, which places it in the Medium Risk category. Medium risk is considered 13 to 18 points. PD comments are included as Attachment 8.
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 Beverage Sales and Service (RBSS) training for all staff. This is a previous condition of approva l and would continue to be attached to this CUP.
Conditions of Approval
The previous approval resolution contained standard Conditions of Approval, as well as conditions specific to on-sale alcohol sales per Council policy 707 (hours of operation, employee training, accessory sales, etc.). For the previous approval, City Council waived two conditions related to alcohol sales only with food and alcohol sales not to exceed food sales. All previous conditions, unless modified by a subsequent approval would continue to be in effect. There are also conditions related to live ente rtainment hours and noise abatement, as discussed above.
Because the applicant is proposing to offer craft beer and wine to go, conditions from City Council Policy 707 related to off-sale alcohol are included. Th e hours in particular are limited in order to maintain the market-like nature of the busi ness. The “to-go” products would primarily be bottles of craft beer and potentially bottles of wine. Craft beer bottles are typically 22-ounces in size, which is in conflict with the Council Policy, which prohibits the sale of beer in certain quantities:
1. The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited.
The applicant is requesting the waiver of this condition (No. 11 in attached recommended conditions), which may only be granted by the City Council. The Planning Commission was favorable to the waiver request. The waiver request necessi tates a second public hearing, hence the hearing tonight rather than the normal Notice of Decision.
Summary
The proposed use is consistent with the General Plan due to alc ohol sales for on-site consumption and live entertainm ent both being conditionally-all owed uses in Development Zone 4 of the Downtown Specific Plan. The alcohol sales use would continue to be accessory to the existing public market in an established commercial area. The addition of live entertainment, will also be accessory to the m arket use. The inclusion of conditions requiring compliance with noise standards and operating hours is intended to alleviate concerns related to area impacts. A Notice of the Planning Commission’s decision will be sent to City Council for final action.
Options
1. Approve 2022-18 CUP subject to the conditions listed within, based on the attached findings, with a recommendation to the City Council that Condition of Approval No. 10 be waived; or
2. Approve 2022-18 CUP subject to the conditions listed within, based on the attached findings, or findings to be determined by the Planning Commission; or
3. Deny 2022-18 CUP based on the attached finding or findings t o be determined by the Planning Commission; or,
4. Continue the item to a speci fic date in order to obtain additional information.
ATTACHMENT 2
RECOMMENDED FINDINGS FOR APPROVAL
2022-18 CUP – Market on 8th
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 alcohol sales and live entertainment are allowable within Development Zone 4 of the Downtown Specific Plan, 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 and live entertainment are permitte d, subject to a Conditional Use Permit, by the Land Use Code, which is consiste nt with the General Plan. A restaurant accessory beer sales is also a use t hat is consistent with Development Zone 4 of the Downtown Specific Plan, which allows such uses.
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 use is existing and is accessory to the restaurant and public market, which is located in an existing commercial area. The building is existing and has ten on-street parking spaces adjacent to the property, as w ell as access to several nearby parking areas. Live entertainment would occur wi t h i n t h e e x i s t i n g building.
5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the sale and consumption of beer and wine would continue to be a small part of the overall public market use, with the alcohol serving area only 10% of the total floor area of t he whole property. Alcohol cons umption would be monitored by staff of the public market. In addition, the proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available.
Furthermore, live entertainment will be limited to appropriate hours and to maximum noise standards to avoid impacts to nearby residential uses.
6. The proposed project has been reviewed in compliance with the California Environmental Quality Act and is not considered a project,
7. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and has been determined to be categorically exempt from environmental review pursuant to Class 1, Section 1 5301 (Existing Facilities) for which a Notice of Exemption will be filed subse quent to approval of this Conditional Use Permit. The reason for the exemption is that no expansion of the building is proposed and uses would basically be the same as the current uses and the density of which were analyzed as part of the Downtown Specific Plan.
8. That the proposed use is deemed essential and desirable to the public convenience or necessity, because alcohol sales have contributed to the via bility of the public market, an allowed use in Development Zone 4 of the Downtown Specific Plan. The existing tasting room has been a draw for area and non-area residents alike and has further activated the downtown core, consistent with the spirit a n d i n t e n t o f t h e Downtown Specific Plan. The addition of live entertainment is expected to add to the success of the market and the enjoyment of its patrons.
RECOMMENDED FINDING FOR DENIAL
2022-18 CUP – Market on 8th
1. Granting the permit would constitute a nuisance or be injuri ous or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because extension of the hours that alcoho l is served, in addition to live entertainment, may increase the propensity for over-consumption of alcohol and increase the potential for impacts to the surrounding area.
ATTACHMENT 3
RECOMMENDED CONDITIONS OF APPROVAL
2022-18 CUP – Market on 8th
General
1. This Conditional Use Permit authorizes the extension of alcohol sales hours (as stated in Condition No. 9 below), the addition of live entertainment (subject to the hours stated in Condition No. 15 below), a mobile bar in the back patio, off-site alcohol sales (subject to the hours stated in Condition No. 10 below), and consumption of alcohol in the front patio at an existing public market located at 41 East 8th Street. Any plans submitted for permits associated with this project shall conform to Exhibit A, Case File No. 2022-18 CUP, dated 4/7/2022.
2. Unless specifically modified by this resolution, all Conditions of Approval of City Council Resolution 2016-122 shall remain in full force and effect.
3. 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.
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 change in alcohol sales and consumption practices shall b e permitted without receiving a Type 41 license from the California Department of Alcoholic Beverage Control (ABC).
8. The Type 41 ABC license shall not be considered in effect un til the Type 23 ABC license has been surrendered or transferred to a different location.
9. The sale of alcoholic beverages for on-site consumption shall only be permitted between the hours of 6:00 a.m. and 1:00 a.m. daily.
10. The sale of alcoholic beverages for off-site consumption shall only be permitted between the hours of 12:00 p.m. and 10:00 p.m. daily.
11. The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited.
12. No sale of wine shall be sold in containers of less than 750 milliliters. The sale of wine with an alcoholic content greater than 15% by volume is prohibited.
13. Permittee shall post signs in the patio dining area, including all exits to outdoor seating areas, indicating that alcoholic beverages must be consumed inside the restaurant or patio area and may not be taken off-premises.
14. Live entertainment shall be conducted as an accessory use t o the public market for the enjoyment of its patrons. No concerts or specific live ente rtainment events shall be permitted.
15. Live entertainment inside the building shall be permitted during the following hours:
Sunday 12:00 p.m. to 10:00 p.m.
Monday to Thursday 3:00 p.m.* to 10:00 p.m.
Friday 3:00 p.m.* to 11:30 p.m.
Saturday 12:00 p.m. to 11:30 p.m.
16. Live entertainment outside the building shall be permitted during the following hours.
Sunday 12:00 p.m. to 8:00 p.m.
Monday to Thursday 3:00 p.m.* to 8:00 p.m.
Friday 3:00 p.m.* to 9:00 p.m.
Saturday 12:00 p.m. to 9:00 p.m.
* On days when Integrity Charter School is not in session, live entertainment may begin at 12:00 p.m.
17. A licensed security guard shall be on site during all live music performances.
18. A sound study shall be commi ssioned by the applicant to ens ure that live entertainment complies with Titl e 12 of the National City Munic ipal Code (Noise).
Results shall be provided to t he Community Development Departme nt and verified prior to any live entertainment being offered.
19. All activities shall comply with the limits contained in Table III of Title 12 (Noise) of the National City Municipal Code.
20. All entry and exit doors, including windows, shall remain closed after 9:00 p.m. during inside live entertainment activities.
21. Speakers located on the patio along ‘A’ Avenue shall be turned off no later than 9:00 p.m. daily
22. The operator of the business shall maintain an active business license and ensure that the business license is renewed annually.
Police
23. The permittee shall comply w ith all applicable laws, includ ing, but not limited to all regulatory provisions of the Business and Professions Code that pertain to the sale, serving, and consumption of alcoholic beverages.
ATTACHMENT 4
2022-18 CUP – Market on 8th – Overhead
RESOLUTION NO. 2016-122
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
APPROVING A CONDITIONAL USE PERMIT FOR A CRAFT BEER
TASTING ROOM (NOVO BRAZIL) AT 27 AND 41 EAST 8TH STREET WHEREAS, the City Council considered a Conditional Use Permit (CUP) for a craft beer tasting room (Novo Brazil) at 27 and 41 East 8th Street at a duly advertised public hearing held on August 2, 2016, at which time the City Council considered evidence; and WHEREAS, at said public hearing, the City Council considered the staff report provided for Case File No. 2016-12 CUP, which is maintained by the City and incorporated herein by reference, along with any other evidence presented at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law, and is found to be essential for the preservation of the public health, safety, and general welfare.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the evidence presented to the City Council at the public hearing held on August 2, 2016, support the following findings:
FINDINGS FOR APPROVAL
OF THE CONDITIONAL USE PERMIT
1. The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit, and complies with all other applicable provisions of the Land Use Code because the use is allowable within Development Zone 4 of the Downtown Specific Plan as a retail use pursuant to a Conditional Use Permit, 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 Conditional Use Permit, by the Land Use Code, which is consistent with the General Plan. A public market with accessory beer sales is a use that is consistent with Development Zone 4 of the Downtown Specific Plan, which allows retail uses.
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 the interior construction of a public market space, which is consistent with other commercial businesses in the area. Development of the area was analyzed for traffic impacts as part of the Downtown Specific Plan, which envisioned significant density in this area. The sale of alcohol would be accessory to the sale of other products in the market, which would not create traffic issues above and beyond what was expected as part of the development of downtown. Access to and from the site is provided by East 8th Street, an arterial street operating at a Level of Service (LOS) of "C". East 8th Street in this location is operating at half of its capacity. In addition, the s·ate of alcohol is not expected to result in an increase in Average Daily Trips (ADT) such that the LOS would be affected, particularly as the area devoted to alcohol sales is only a small part of the overall public market.
4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints because the proposed use would be accessory to the public market that will be located in an existing ATTACHMENT 6
ATTACHMENT 7
CITY COUNCIL POLICY
TITLE: Alcohol Beverage License Application Review Process POLICY and Alcohol Conditional Use Permit Standards NUMBER 707 ADOPTED: November 12, 1991 AMENDED OR
REVISED: December 19, 2017
PURPOSE/BACKGROUND:
To streamline the process of alcohol lic ense application review to ensure timely staff responses and/or protests to the De partment of Alcoho lic Beverage Control
regarding these applications.
The City Municipal Code requi res Conditional Use Permits for the sale of alcohol.
Such land use regulation is designed to ensure that t he health, safety and welfare of the community does not become negatively impacted. In order to minimize any potential adverse effects of alcohol sale s for both on and off-site consumption, including public drunkenness, disorderly conduct, illegal sales or domestic violence, the City adopts conditions of approvals and enact policies designed to protect the public from such effects. T he following sets forth the City Council’s policy on the applicable alcohol standards for Conditional Use Permit applications for both on and off-sale alcohol sales, as well as the Department of Alcoholic Beverage Control application notification requirements.
POLICY:
The Department of Alcoholic Beve
rage Control (ABC) sends copies of all alcoholic
beverage license applic ations to the Police Department. The City has thirty days from the date of the ABC ma iling to provide comments to the ABC. If no protests are received within that time period, the ABC issues the license.
The Police Department is responsible for ensuring that an appropriate Conditional Use Permit (CUP) exists for the applicant bu siness. If such a CUP exists, the copy of the application is simply filed by the Police Department in the existing file with the notation that there were no objections to the issuance of the license. If it is a new (in the case of an “original” license application) or expanding business or one seeking a license to effect a premises transfer, and no CUP ex ists, the Police Department is responsible for sending a letter to the ABC protesting the issuance of the license until a CUP is issued by the City.
Whenever such a protest letter is sent to the ABC, that agency notifies the applicant that they must begin the process of obtai ning a CUP with the City’s Planning Division and that the issuance of the alcoholic bev erage license will be delayed until such time as the protest is withdrawn.
CITY OF NATIONAL CITY
CITY COUNCIL POLICY
TITLE: Alcohol Beverage License Application Review Process POLICY and Alcohol Conditional Use Permit Standards NUMBER 707 ADOPTED: November 12, 1991 AMENDED OR
REVISED: December 19, 2017
Once a CUP has been issued, the Planning Division notifies the Police Department of that issuance and it is then the responsib ility of the Polic e Department to notify
the ABC that the protest is withdrawn.
The CUP application, approval and issuance process is such that it provides all the checks, balances and controls necessary to ensure that businesses seeking alcoholic beverage licenses are in compliance with local standards.
These conditions of approval shall apply to all new Conditional Use Permits (CUPs) for the sale of alcohol for on and/or off-site consumption and modifications of existing CUPs for such sales as spec ified by the preceding pare nthetical references with each condition. These references specify to which type of alcohol CUP being applied for the conditions would apply to – on-sale (restaurant, bar, etc) or off-sale (market, grocery store, etc). Regulation of t hese conditions and allowances shall be enforced through the Conditional Use Permit process, specifically conditions of approval to read as follows:
1. (off-sale alcohol) The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited.
2. (off-sale alcohol) No beer products shall be sold of less than manufacturer’s pre- packaged three-pack quantities of 24 ounce cans per sale. There shall be no sale of single cans or bottles.
3. (off-sale alcohol) No sale of wine shal l be sold in containe rs of less than 750 milliliters. The sale of wine with an alcoholic content greater than 15% by volume is prohibited.
4. (off-sale alcohol) Flavored malt beverages, also known as premium malt beverages and flavored malt coolers, and sometimes commonly referred to as wine coolers, may be sold only by fo ur-pack or other manufacturer’s pre- packaged multi-unit quantities.
5. (off-sale alcohol) The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking lots and outbuildings and any property or adjacent property under the control of the applicant.
6. (off-sale alcohol) All cups and containe rs shall be sold at or above prevailing prices and in their original multi-container packages of no fewer than 12, and no cups and containers shall be given free of charge.
CITY OF NATIONAL CITY
CITY COUNCIL POLICY
TITLE: Alcohol Beverage License Application Review Process POLICY and Alcohol Conditional Use Permit Standards NUMBER 707
ADOPTED: November 12, 1991 AMENDED OR
REVISED: December 19, 2017
7. (off-sale alcohol) Ice may be sold only at or ab out prevailing prices in the area and in quantities of not less than three pounds per sale. Ice shall not be provided free of charge.
8. (off-sale alcohol) The display of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit ___, Case File No. ___, dated ___.
9. (off-sale alcohol) Permittee shall post signs on the exteri or building walls in compliance with Chap ter 10.30.070 of the National City Municipal Code.
Additionally, the permittee shall post signs, to be approved by the Planning Division, at each entrance to the applicant’s premises and parking lot, prohibiting loitering and consumption of alcohol on the premises and adjacent property under his control. Said signs shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height. The signs shall read as follows:
a. “No open alcoholic beverage c ontainers are allowed on these premises.”
b. “No loitering is allowed.”
10. (off-sale alcohol) Containers of alcohol may not be stored on the premises, after being sold to patrons, for the purpose of later consumption.
11. (off-sale alcohol) Exterior advertising and signs of all types, promoting or indicating the availability of alcoho lic beverages, includi ng advertising/signs directed to the exterior from within, are prohibited. Inte rior displays of alcoholic beverages and signs, which are clearly visi ble to the exterior, shall constitute a violation of this condition.
12. (off-sale alcohol) The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other commodities duri ng the same period. The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Depa rtment and any Peace Offi cer of the California Department of Alcoholic Beverage Control upon demand.
13. (on and off-sale alcohol) All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part -
CITY OF NATIONAL CITY
CITY COUNCIL POLICY
TITLE: Alcohol Beverage License Application Review Process POLICY and Alcohol Conditional Use Permit Standards NUMBER 707 ADOPTED: November 12, 1991 AMENDED OR
REVISED: December 19, 2017
- of the RBSS training, the permittee sha ll make available a domestic violence training session as provided by the Institute of Public Strategies.
14. (on-sale alcohol) The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales.
Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alc ohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential.
15. (on-sale alcohol) Alcohol shall be available only in conjunction with the purchase of food.
16. (on-sale alcohol with patio) Permittee shall post signs in the patio dining area, including all exits to outdoor seating areas, indic ating that alcoholic beverages must be consumed inside the restaurant or patio area and m ay not be taken off-premises.
17. (brewery tasting rooms) The requirements that alcohol be available only with the purchase of food and that alcohol sales not exceed food sales shall not apply to tasting rooms.
18. (brewery tasting rooms) Sales of s ealed containers (com monly known as growlers) for off-site consumption of the beer pr oduced by the master licensee may be sold and/or consumed at this location.
19. (brewery tasting rooms) Hours of operation of tasting rooms shall be limited to between 10:00 a.m. to 10:00 p.m. with last call being at 9:00 p.m.
20. (brewery tasting rooms) With the submittal of a business license for a tasting room, the Police Department shall prov ide an ABC Risk Assessment for each business applicant that indicates whether the business is considered a low, medium, or high risk. In the event that a risk ass essment for the business allocates more than 15 points, no business license shall be issued without the issuance of a Conditional Use Permit.
CITY OF NATIONAL CITY
CITY COUNCIL POLICY
TITLE: Alcohol Beverage License Application Review Process POLICY and Alcohol Conditional Use Permit Standards NUMBER 707
ADOPTED: November 12, 1991 AMENDED OR
REVISED: December 19, 2017
The sale of three-packs of 24-oz cans of beer shall apply retroactively to all existing off-sale CUPs where a conditi on exists limiting sales to no less than six-pack quantities. However, business wishing to avail themselves of this modification must conform with all regulations of the Department of Alcoholic Beverage Control (ABC).
The Council may, at its sole discretion, choose to waive or modify any of the above conditions.
ATTACHMENT 8
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of National City will hold a Public Hearing after the hour of 6:00 p.m., Tuesday, August 16, 2022, in the City Council Chambers, Civic Center, 1243 National City Blvd., National City, CA., to consider:
CONDITIONAL USE PERMIT MODIFICATION FOR THE ADDITION OF
LIVE ENTERTAINMENT AND MODIFIED HOURS OF OPERATION
AT AN EXISTING PUBLIC MARKET (MARKET ON 8TH)
LOCATED AT 41 EAST 8TH STREET.
The Planning Commission conducted a Public Hearing at their me eting of July 18, 2022 and voted to recommend approval to the City Counc il of the Conditional Use Permit modification, by a vote of 4 to 1.
Anyone interested in this matter may appear at the above time and place and be heard. The City Council will also accept written public comments regarding this matter via e-mail sent to [email protected]. Written comments from the public (limited to a maximum of three minutes) must be submitted via e-mail by 4:00 p.m. on the day of the City Council Meeting. For information on registering to speak or on submitting written comments, please vi sit the City Clerk’s webpage at https://www.nationalcityca.gov/government/city-clerk/public-comments.
If you challenge the nature of the proposed action in court, y ou may be limited to raising only those issues you or someone else raised at the Pub lic Hearing described in this notice via e-mail, or through written correspondence delivered to the undersigned prior to the Public Hearing.
August 2, 2022
Shelley Chapel, Deputy City Clerk
Published in the Star News: Friday, August 5, 2022.
ATTACHMENT 9
Martin Reeder
From: Sandra McColl <[email protected]>
Sent: Tuesday, July 12, 2022 8:35 AM
To: Planning
Subject: Re public hearing “ market in the 8th”
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
Dear planning ,
Regarding opening until 1 am with live music ‐ I am against . 10 pm seems a reasonable time to close , also against selling alcoholic drinks to go until late in the night ‐ this only will promote drunk driving , disorderly conduct , accidents . Please keep things as it is . It seems that when you allow something that before was not allowed , they want more and more and more ( you give your hand and they want the whole arm ) let’s keep our families safe and in peace . Thank you Sandra McColl and Bill McColl Sent from my iPhone
1 Martin Reeder
From: Bill McColl <[email protected]>
Sent: Wednesday, July 13, 2022 12:26 PM
To: Planning
Subject: Conditional Use Permit - Public Market - 41 East 8th CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
Dear City of National City,
We are opposed to allowing the sale of liquor to go from the Public Market during the evening hours. Allowing the vendor to sell “to go” liquor in the day seems acceptable, but to allow “to Go” liquor from a party atmosphere (night time, music, bar) is a recipe for trouble. To extend operating hours to 1am on a weekend also seems reasonable, but to allow those extended hours on a nightly basis will attract an unhealthy party crowd. Lots of us in National City work in construction and in hospitality. We are up early. Let’s keep the noise down in our neighborhood for those who work and especially for our children.
Thank you for the opportunity to comment.
Bill and Sandra McColl
619 559 ‐8395
1 Martin Reeder
From: David Ruffin <[email protected]>
Sent: Wednesday, July 13, 2022 10:58 PM
To: Planning
Subject: Public Market on 8th CUP file 2022-18 CUP
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
We are residents within the area of 7th and A street, responding to a letter concerning Market on 8th conditional use modification request. I am also a co-owner of property within the 600 block of "A" Avenue with 4 rentals.
We are absolutely OPPOSED to any live entertainment at this location for these reasons:
1. Markets do NOT offer live entertainment nor do any other retail markets offer this within the city.
If it was, every 7-11 in National City would be offering free karaoke with any Jumbo Slurpee purchase.
2. The "Market" does not have a permit for a tasting room. The tenant there, NOVO BRAZIL holds the actual type 23 alcoholic license issued by the CA Department of Alcoholic Beverage Control (ABC). MARKET on 8th is NOT on the ABC permit, it does NOT hold a liquor license .
The Market has nothing to do with the ABC license other than common stock holders names listed. (Licensee information for ABC license #612592)
A retail market, typically holders on an "off sale" ABC permit cannot serve alcohol on premise.
Market on 8th has neither for "on sale" or "off sale" ABC permits.
3. Neither Market on 8th nor the ACTUAL type 23 license holder, Novo Brazil have submitted ANY CHANGES or REQUESTS TO MODIFY they're type 23 small beer mfr license as of today's date, according to updated ABC information for this 27-47 East 8th business address.
Planning indicates "applicant is proposing to change to a type 41 license"., etc.
Under state ABC law, a type 41 beer license CANNOT be considered nor approved due to multiple ABC regulations, among them, the PUBLIC CHARTER SCHOOL located 19'.2" from 27 East 8th Street (Novo outdoor patio) the area aside school indoor playground/recess area among other regulations including proximity of residences affected by Novo's use of off street parking, absence of a full kitchen serving full meals at Novo and (predictably) impending public protests to the license change.
It is interesting to note that Novo/Market did not have to follow normal NCMC codes (section 18) to open as a beer bar under the guise of a mini-brewery, however, now they seek to use that "secret"advantage to acquire live entertainment and dancing.
Oddly, to our understanding, NCPD, City Manager Ralston and current council members have recently been adverse to the idea of Live Entertainment and Dancing within that same block having taken adamant steps to prevent just that just, only a few steps away at an established ABC venue with ample parking accommodations and full kitchen facilities.
On the surface, this CUP modification request appears to be little more than a poorly disguised attempt by either: CITY of National CIty or Market on 8th ownership (or all three) to "award" licensee Novo Brazil with live entertainment, live music, DJ's, Karaoke with live audience participation and (though not listed on City's Notice), dancing, implying the more "docile" Market is the actual party seeking to gain live entertainment when in reality, it is the unmentioned Bar (Novo) who would most benefit from this approved condition strategy.
2 The word "proposed" used in the CUP mod language is nothing more than a semantic tactic inserted to persuade or "fool" area residents into thinking the type 41 ABC license request has already been set into motion,.....*when, in fact, it HAS NOT BEEN!
4. There are conflicts with the 2016 Market on 8th resolution 2016-122 The parking requirements for an 11,000 sq ft retail bldg with at least 11 different tenants currently does not allow for additional vehicle traffic. When Market applied for 2016 CUP, there were either 3 or fewer leased tenants, had there been 11 as there presently, the CUP would have likely been denied for a type 23 beer bar or any alcohol serving venue.
There are 19 parking spots within adjacent "A" Ave, 2 at front of 41 East 8th, one green zone, one handicapped space and ten more spots on East 7th between 8th St alley and "A" Avenue ALL shared with LONGTIME established businesses, 4 of whom have NO private lots Newer retail-tenant Container Store serves 250-400 retail customers daily at 706 "A" occupying much of the parking within "A" Avenue and 7th Street from the rear with new hours 9A -10PM weekends when Novo appears busiest. Neiderfranks Ice Cream and Vee Auto Parts are open 7 days with limited off street parking shared with Container store AND Market.
Findings for approval (#3 on 2016 CUP) indicated (alcohol sales at Market), "would not create traffic issues above and beyond what is expected as part of the development of downtown".
The key here is neighboring (and smaller) cities (La Mesa, Imperial Beach, El Cajon) have city owned or managed public parking lots to accommodate multiple vehicles. National City does not have that "luxury" with no known plans to offer or construct a parking structure to offset that growing parking nuisance, leaving patrons to trespass onto other privately owned lots, block residential driveways and alleyways while creating contentions that are becoming increasingly violent and dangerous for law enforcement, resulting in multiple calls for service at 27-41 East 8th Street area. No increased parking solutions,noise title violation solutions or potential ABC licensee conditions have been listed on the CUP modification, as this entire presentation is a self serving attempt to fool the area residents of National City.
Summary: (What this all means)
Most everyone within 660' of Novo/Market on 8th never took the food court rental concept seriously, and conditions have changed now with 11 food court tenants and a beer bar (Novo), no realistic parking solution, something neighboring merchants can do little about.(Our mistake) If the "proposed" hour changes and entertainment were approved, it would cause a potential legal situation bordering on public nuisance, with city's "dirty hands" all over this.
There exists a question of ethics as the notice' language contains glaring inaccuracies blatantly presented to unsuspecting area residents without full knowledge of ABC law and this situation as it is being offered in black and white, the word "fraudulently" comes to mind. *There is no plan to upgrade into a type 41, if there is, please demand the applicant present that as evidence of they're intentions at the July 18, 2022 hearing for all to view., if they lied, REJECT the proposal as to what it is, futile attempts at some odd favoritism to a Market WITH NO LIQUOR LICENSE on file with the state ABC. )
Conclusion
If the actual ABC licensee wishes to apply for live entertainment, they must first develop and present a CLEAR plan for increased private parking to accommodate additional patrons from "6AM until 1AM" or during whatever serving times they seek. There is no mention of that on request.
Predictable CUP conditions like "ALL DOORS MUST STAY CLOSED WHILE MUSIC PRESENT", WINDOWS MUST BE CLOSED, (all presumingly from 6A - 1A) must stay and are aside from this.
Market/Novo has already shown they cannot be entrusted to follow those exact simple 2016 CUP conditions as they have already demonstrated by at least (8) calls for service to NCPD for ABC condition violations and (5) Problem Location complaints filed with the state ABC enforcement division for violations of the Novo ABC license conditions that may already be under accusation stages of enforcement.
3 There is NO PLAN HERE, only a PLOT to add entertainment to an existing mini-brewery (Market?) that would inevitably be public protested and most likely DENIED by the state.
Both the Market on 8th and Novo Brazil will be fine the way they are now with the area peaceful and quiet, despite the lack of parking and PD enforcement.
We would like to keep it the way it is.
Save us National City residents from the problems this modification approval would surely invoke.
DO what is correct.
DENY THIS REQUEST ON MONDAY JULY 18th, 2022
David D. Ruffin
Resident
1 Martin Reeder
From: Magda Vera <[email protected]>
Sent: Thursday, July 14, 2022 12:30 PM
To: Planning
Subject: Type 41 license for 8th Street Marketplace
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
Mr. Vergara,
I’m a resident at Bay View Tower on 801 National City Blvd in this city. You’re receiving this email in response to the letter saying the market mentioned above has a proposal to change its CUP.
I would like to express my disagreement about it. Having loud music, crazy drivers, and extra noise on Friday night until 10, it’s a kind tolerable. It would not be until 1:00 a.m.
Please, consider my personal point of view.
Best regards,
A resident of
801 National City Blvd
Sent from my iPhone
1 Martin Reeder
From: Miguel Aldrete <[email protected]>
Sent: Monday, July 18, 2022 3:30 PM
To: Planning Commission
Subject: Market on 8th - National City
Categories: Blue Category
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
To whom it may concern; (Planning)
Good afternoon,
I would like to comment on how Market on 8th has benefitted the National City community.
As a business owner, Market on 8th is great location for me to take friends, family and customers. I think that what this
building represents in terms of local talent is amazing. From the local food and drink stands, the clothing store, and the musicians, this place has created a very welcoming environment for the community.
If we can expand the hours of operation and bring in more of what our locals enjoy, there will be less people leaving Market on 8th after they close to look for alternative locations to enjoy the music, drinks and food.
I am really grateful for this location's focus and care in their business plan, while improving the look and feel of this
well needed site.
If you need additional input from my part, I will be glad to take a call from you any time.
Miguel Aldrete
(619) 395-4213
1 Martin Reeder
From: agnes basco <[email protected]>
Sent: Monday, July 18, 2022 12:14 AM
To: Planning
Subject: Notice of Public Hearing for Monday, July 18, 2022 Follow Up Flag: Follow up
Flag Status: Completed
Categories: Blue Category
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
Attention: Planning Department
To whom this may concern,
This is to protest the request for Market on 8th Street to have:
- Live music
- Dj
- Karaoke and
- Serving alcohol on the outdoor patio.
We want to have a quiet place to live, especially at night when we all need to get good rest and sleep for the next day's work. We have children living in Bayview and going to the Charter School at 8th St. corner National City Blvd. The above-mentioned requested activities are not good for our community, especially our children. We need to preserve a good environment for our community, especially our children.
Do NOT approve the above-mentioned requested business activities for Market on 8th Street. Thank you.
Sincerely,
Agnes Basco
1 Martin Reeder
From: Oscar Campos <[email protected]>
Sent: Monday, July 18, 2022 3:27 PM
To: Planning Commission
Subject: Market on 8th
Categories: Blue Category
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
More music, better beer selection, and more time to enjoy it at Market & 8th would be awesome for National City. Help make this city become a popular destination for fine dining and nightlife. Wishing Mr. Tubao best of luck and sending a big thank you for choosing to invest in the city I live and love.
Oscar Campos
1 Martin Reeder
From: alex carolino <[email protected]>
Sent: Monday, July 18, 2022 3:31 PM
To: Planning Commission
Cc: alex carolino
Subject: Support for market on 8th
Categories: Blue Category
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
To the City Council Members:
I am in SUPPORT for approving the Conditional Use Permit of Market on 8th to extend hours and ADD live entertainment because it will contribute positively to our growing and vibrant community in National City. This is first of a kind in our City and having these amenities will give enjoyment and also additional income to the City.
Thank you,
Alex Carolino
(619) 434‐9200
Sent from my iPhone
1 Martin Reeder
From: Beverly CODALLOS <[email protected]>
Sent: Monday, July 18, 2022 2:54 PM
To: Planning Commission
Subject: Market on 8th
Categories: Blue Category
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
To Whom It May Concern,
I’m writing on behalf of the application put forth by the business, Market on 8th and asking you to consider approving their request.
As a patron of Market on 8th, I believe it has been a wonderful addition to National City as well as the South Bay. The venue is family‐friendly and offers a diverse selection that is representative of the cultures and generations in our community. Market on 8th is an innovative attraction that isn’t normally found in the South Bay. I am proud to invite out of town guests to it. Having grown up in National City, it is exciting to see the neighborhood gentrify with new locations like Market on 8th that brings me back to enjoy my roots and familiar faces!
As a South Bay business professional, Market on 8th provides a unique environment to host business affairs on the patio. With the addition of live music and longer hours, the event space is much‐needed in our area to host private business events that attract prominent community leaders to a trending venue.
Thank you for your consideration. I am happy to discuss my support of Market on 8th’s application further if needed.
Beverly Codallos
619‐306‐0049
Sent from my iPhone
1 Martin Reeder
From: Alex Danilowicz <[email protected]>
Sent: Monday, July 18, 2022 2:47 PM
To: Planning Commission
Subject: Market on 8th is and will be the best thing that ever happened to National City Categories: Blue Category
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
Hello, I am a property owner in National City writing in support of the Market on 8th expansion.
Market on 8th is one of the greatest things to ever happen to National City. I know many locals that work there and that derive great value from the sense of community.
Please contact me if you have any questions.
Respectfully,
Alexander Danilowicz
619-254-5480
--
Alex Danilowicz
Software Engineer
1 Ferry Building, San Francisco, CA 94111
(619) 254-5480
heycanopy.com
To help protect you r priv acy, Microsoft Office prevented automatic download of this picture from the Internet.
1 Martin Reeder
From: Rommel Diaz <[email protected]>
Sent: Friday, July 15, 2022 5:54 PM
To: Planning
Subject: 8th Street Marketplace
Attachments: Letter to CDD-PD 7 15 2022.pdf
Follow Up Flag: Follow up
Flag Status: Completed
Categories: Blue Category
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
July 15, 2022
National City Planning Division
1243 National City Blvd
National City
Dear Ladies and Gentlemen,
My name is Rommel Díaz, a resident of National City for the last 20 years. In 2002 my family and I bought a house from a development that the city of National City started on the corner of E 9th and A Avenue.
For many years we had to deal with the presence of a nightclub located on the corner of National City Blvd and Plaza Blvd named Trophy Lounge. This club closed at 1:30 am. There were several bloody events that occurred on that corner and on the block where my family and I live. Not to mention street fights, urinating in public (often times on the wall of our home which happens to be to the alley or even more flagrantly in the entrance to our home which has some stairs that lead up to the main entrance) etc. These events would last until well past 2 in the morning. Finally this club closed its doors due to the non-renewal of the license by the city government, which I am not positive, but I do believe the National City Police Department was in fact who discouraged this renewal. After they closed the doors to Trophy’s Lounge, we finally had peace and tranquility in our neighborhood.
Today, with dismay I read the letter sent to the residents of this part of the city, where the National City Planning Commission informs of the request of 8th Street Marketplace LLC to extend its current ABC Type 23 conditional permit, which allows beer tasting room, to the Type 41 license that would allow it to sell beer and wine at the Eating Place and offer live entertainment, extending its hours of operation from 6:00 am. to 1:00 a.m. Not only that, but permission is requested to make modifications by adding a bar in the back patio (adjacent to Integrity Charter School) and allowing alcohol consumption in the "front patio" which is actually 8 tables seating 4 people each that are on the sidewalk of A Avenue (closed off by a sidewalk café-style railing). They are requesting permission to sell beer and wine “to go” as well, and this gives me great concern that we will have open container
2 drinking on the street with no one to regulate the chaos that could come with that type of environment.
If the city government authorizes this requested permit, the city government will be otherwise granting permission to those that VISIT our sector to take over our community, which is the beautiful sector that the families here CHOSE as their home and community. National City has been through many changes throughout its history, some that have taken years to accomplish. Our streets are cleaner; our neighborhood respects its families and the many cultures here. We want to keep moving toward positive changes as we move forward and not turn it into a city with people drunk in the street, being loud and disorderly, vomiting/urinating, and fighting where our families can see and hear them, as it would literally be the view we have from our windows.
For these reasons, I respectfully request that the National City government deny the Type 41 permit to 8th Street Marketplace LLC and that 8th Street Marketplace LLC continue to operate with the permits it currently has.
Respectfully,
Rommel R. Díaz
111 E 9
th St, National City
Mobil Ph. #619.972.6336
Home Ph. #619.434.5956
Email: [email protected]
1 Martin Reeder
From: Phillip Esteban <[email protected]>
Sent: Monday, July 18, 2022 2:38 PM
To: Planning Commission
Subject: Market on 8th
Categories: Blue Category
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
Hi,
I am excited to hear that Market on 8th is in hopes to replace the 28 ABC license to a 41 for beer and wine, along with expanding outdoor consumption and operational hours in accordance with the license.
As a local resident and business owner in National City and Market on 8th, the expanding hours and areas consumption will allow for more visibility to the market with the activation of outdoor drinking and eating. As on lookers and commuters drive by, they are drawn to the presence and will more openly stop by.
The change of ownership from Nozo only to a “craft beer” tap room will allow for new flavors, styles and local breweries to be supported. With that, followers of those beers will be drawn to the market along with their marketing and PR.
I hope this message is heard and understood that it will help bring more foot traffic to market on 8th, 8th street corridor and National City as a whole.
Best,
--
Phillip Esteban
619-948-9983
OpenGym SD
1 Martin Reeder
From: Jeremy Feig <[email protected]>
Sent: Friday, July 15, 2022 2:59 PM
To: Planning
Subject: Market on 8th
Follow Up Flag: Follow up
Flag Status: Completed
Categories: Blue Category
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
To whom this may concern,
It has come to our attention that market on 8th is trying to get a permit to stay open till 1am. My wife and I think this is a wonderful idea as it will garnish more money for our city and having a bar like that so close would be awesome to enjoy.
However there is someone spreading propagana against this permit. I only ask that you please disregard any negative emails on this subject as most of them are most likely not properly informed.
I hope the vote is not negatively effected by these misinformed emails.
Thank you and I look forward to being to stop in at market on 8th after work for a drink.
Jeremy Feig
1 Martin Reeder
From: Patti Finnegan <[email protected]>
Sent: Sunday, July 17, 2022 6:44 PM
To: Planning
Subject: Market on 8th
Follow Up Flag: Follow up
Flag Status: Completed
Categories: Blue Category
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
>
> Dear Commissioners
> As this is a major change from the original proposal I respectfully request that this decision be postponed to afford neighbors and surrounding businesses more time to research and discuss the potential impact. > Thank you for service and attention to this matter.
>
> Sincerely,
> Patti Finnegan
> Niederfrank’s Ice Creams
>
>
> Sent from my iPhone
1 Martin Reeder
From: Adam Futo <[email protected]>
Sent: Monday, July 18, 2022 3:33 PM
To: Planning Commission
Subject: Support for Market on 8th
Categories: Blue Category
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
Expanding the beer and wine permit (from 28 to 41) as well as allowing music at Market on 8th will truly be a very positive step in growing a market/commercial/entertainment area, diverse in appeal, for National City. Locals already love the market, but this type of expansion will make it a destination for those in other parts of the County; one that rivals Liberty Station and Downtown San Diego.
Adam S. Futo
1 Martin Reeder
From: Peter Glevanik <[email protected]>
Sent: Monday, July 18, 2022 3:12 PM
To: Planning Commission
Subject: Market on 8th
Categories: Blue Category
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
To whom it may concern,
I would like to commend the city for the development taking place in the neighborhood surrounding 8th an A St. in National City, specifically the “Market on 8th”. This food hall and event concept has become a great gathering place and I look forward to seeing it grow and develop into a true community hub. The revitalization and energy these businesses have brought to the neighborhood was long overdue.
Again, I hope they continue to develop and add value to the community by expanding their offerings and evolving into a place with a little something for everyone!
Peter Gkevanik
(619) 396-9732
[email protected]
--
Peter Glevanik
1 Martin Reeder
From: Jason Guardado <[email protected]>
Sent: Friday, July 15, 2022 7:52 PM
To: Planning
Follow Up Flag: Follow up
Flag Status: Completed
Categories: Blue Category
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
I do not want to be woken up by loud music at night while I am sleeping. If you guys want non-stop noise complaints from residents than I strongly recommend to not go through with it.
1 Martin Reeder
From: Michael Guerrero <[email protected]>
Sent: Monday, July 18, 2022 3:22 PM
To: Planning Commission
Subject: Market on 8th. CUP
Categories: Blue Category
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
I am writing in support of the expansion of the Conditional Use Permit to add live music to the beer garden/sidewalk cafe and replace their 28 ABC license to a 41 for all beer and wine.
I have worked with Joel Tubao for over four years at a San Diego non-profit. Joel has impressed me as a smart businessman who gives back to the community.
Joel grew up in the South Bay and has not forgotten where he comes from. Market on 8th is currently providing minority owned businesses an opportunity to succeed and at the same time provide employment opportunities to citizens of National City.
If approved, an expanded CUP, will increase people from throughout San Diego County visiting the Market and thus improving the local businesses inside the Market chances of profitability.
Market on 8th can become a cornerstone for modernizing and popularizing a part of National City. Please vote in favor of the CUP expansion.
Michael Guerrero C.P.A.
Sent from my Verizon, Samsung Galaxy smartphone
1 Martin Reeder
From: erwin hines <[email protected]>
Sent: Monday, July 18, 2022 2:32 PM
To: Planning Commission
Categories: Blue Category
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
Hello,
I just wanted to show my support for what Market on 8th has done for the community. I love the energy they have brought into the neighborhood and how it more so amplified what was already here. It’s truly a space for the people and of the people. I’m excited to see the continued growth and activation of the space with more community events and artists.
--
Erwin Hines II
Designer
412-298-7092
1 Martin Reeder
From: Fausto Lagazo <[email protected]>
Sent: Monday, July 18, 2022 12:10 AM
To: Planning
Subject: 8th Street Market Changes
Follow Up Flag: Follow up
Flag Status: Completed
Categories: Blue Category
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
Aloha,
My name is Fausto Lagazo. I am a resident of Bayview Tower. I am writing in opposition to any proposed 8th Street Market changes. I do not want any increased noise, litter and traffic that would come with any changes. It should stay the way it is now.
Thank you for your time,
Fausto Lagazo
1 Martin Reeder
From: Justin Lipford <[email protected]>
Sent: Monday, July 18, 2022 2:54 PM
To: Planning Commission
Subject: Public Comment: Market on 8th
Categories: Blue Category
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
To whom it may concern.
My name is Justin C. Lipford, South Bay resident since 1978. I have also participated in community development for the past 25 years working to improve conditions for all members of our community.
I have recently come to meet Mr. Joel Tubao, owner of the Market on 8th. I strongly believe that his establishment brings high value to all of the South Bay. I believe Joel wants what is best for his community and I trust his leadership to sustain what is best for our community with his request for expansion.
Please feel free to contact me anytime to further discuss.
Respectfully,
Justin C. Lipford
1 Martin Reeder
From: Andrew Malick <[email protected]>
Sent: Monday, July 18, 2022 3:35 PM
To: Planning Commission
Subject: Market on 8th CUP Endorsement
Categories: Blue Category
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
Sorry, prematurely sent my last email. I am writing to show support for the change of the CUP for alcohol sales at Market on 8th. My tenants love utilizing the vendors at Market on 8th. The proprietor has shown that he can responsibly manage events and am looking forward to them, on occasion having the ability to host special events with expanded alcohol types.
Respectfully,
ANDREW MALICK
619.252.8465
1 Martin Reeder
From: Jayson Marijana <[email protected]>
Sent: Monday, July 18, 2022 4:01 PM
To: Planning Commission
Subject: Market on 8th
Categories: Blue Category
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
To whom it may concern,
I have been going to the Market on 8th since it opened in October 2022. I really enjoy the restaurants and the positive vibes it brings to the community. My family and I pass by the market to grab a bite to eat or to grab a drink. We also attend to just hang out with the locals. I have nothing but positive thoughts and experiences when I’ve attended the Market on 8th and don’t see that changing anytime soon. Thanks.
Jayson Marijana
1 Martin Reeder
From: Nicole Medina <[email protected]>
Sent: Friday, July 15, 2022 8:10 AM
To: Planning
Subject: Notice of public hearing
Follow Up Flag: Follow up
Flag Status: Completed
Categories: Blue Category
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
No. We don’t want the noise this will bring into our homes. I do not approve of any changes to existing market on 8th. I would rather summer movies and kids activities in the patio area!!!
1 Martin Reeder
From: Nidya Rivera Moreno <[email protected]>
Sent: Monday, July 18, 2022 11:58 AM
To: Planning Commission; Planning
Subject: Public Hearing July 18, 2022 - Conditional Use Permit for the Operation of a Tobacco Specialty Business
Categories: Blue Category
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
Dear Mr. Vergara:
Thank you for sending the notice regarding the conditional use permit for the operation of a tobacco specialty business at 120 National City Blvd.
I understand the city collects revenue from such permits, but I’d be interested in learning why the city thought a tobacco specialty business was necessary or appropriate for the area? Of course, perhaps this should have been sent before the business owners had begun to completely remodel the suite and invested money into it so many months ago.
Now, let’s pretend for a moment that the city is interested in cleaning up the 100 block of National City Blvd., where are the patrons from this establishment going to park? Will the business have real waste bins for the litter their products are going to create? What about the air pollution, are the patrons from this establishment going to be allowed to loiter on/in and around the business and pollute the air? Did anyone consider second‐hand smoke and how those of us that live in this area will be affected? Is the city going to monitor the business hours or pretend the business doesn’t exist as it does with most until an incident occurs?
I know the city is going to proceed as they normally do, and will no doubt have “reasons” for their decision, but it would be great if for ONCE, the city gave a damn about the residents who live in the area, who actually have a positive impact in improving the entrance to National City.
I am sure this will go to the same deaf ears that continue to ignore the disgusting state that the 116‐122 NCB building finds itself in or the fact that patrons for the barber shop continue to park on the sidewalk and alley, blocking the right of way. Or the litter that the patrons from these businesses just love to leave behind. How many incidents of illegal dumping have been reported in the last 6 months in the area? Ever noticed how they are around the barber shop and the liquor store?
How will the city monitor the restrictions in place for this new business are going to be met? You have a liquor store that still doesn’t have proper waste bins for its patrons and the trash bins in the back are always full, creating an unsightly view and the perfect home for rodents and pests. The city has been aware of this and numerous others issues and yet nothing has been done.
Is the city really trying to attract people to our city or scare them away? Why not focus on attracting positive businesses that don’t promote addiction or bring shady customers? The only other decent business on National City Blvd, between main and 4
th, will be leaving to the Chula Vista mall because our city couldn't do anything to stop people from vandalizing it 🙁.
I guess the military men and the pimps will be the only ones benefitting from this; a drink, a haircut, a smoke, a hooker, and an unregistered firearm, all within the same street…
2 Thank you for your time.
Nidya Rivera‐Moreno
140 National City Blvd.
1 Martin Reeder
From: Beth Morgante <[email protected]>
Sent: Monday, July 18, 2022 3:09 PM
To: Planning Commission
Subject: Market on 8th
Categories: Blue Category
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
As a second generation Southbay native, I can’t tell
you enough about how happy we are to have the
Market on 8th in National City. It is wonderful to
have such a unique venue nearby, so my family and
friends don’t have to travel to enjoy the ambiance and
fun of a place like the Market. We prefer to avoid the city and would rather stick to the neighborhoods we
live near when we go out. It’s hard to find places
with live music or variety of food choices without
traveling great distances. We hope The Market on 8th
continues to grow and thrive because we will
continue to frequent the establishment for a long long
time!
Beth Morgante
Get Outlook for
iOS
1 Martin Reeder
From: Kwa Nguyen <[email protected]>
Sent: Monday, July 18, 2022 2:55 PM
To: Planning Commission
Subject: Market on 8th - Great addition to the neighborhood! Categories: Blue Category
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
Hello,
I am a local resident of National City and a business owner here too. Market on 8th has been an amazing addition to the National City neighborhood. Since the opening in October I have been seeing a lot of people from out of town coming to National City, specifically for Market on 8th. They are coming in and spending money in our city. Before Market on 8th, National City wouldn't even be on any tourists' to do lists or even locals that live out of the city but now it's a changed community. For the better! Other businesses are coming in because of what the Market has established. We need more of this in National City. Especially on this side of National City.
As a local homeowner it's great for the community and my home price. Looking forward to what this community will look like in the next few years.
Thanks,
Kwa Nguyen
owner
The Fresh Yard | Fresh Yard Records | Mixed Grounds Coffee 41 E. 8th St, National City, CA 91950
mobile. 510.375.0042
www.thefreshyard.com
www.freshyardrecords.com
www.mixedgrounds.com
1 Martin Reeder
From: Olivia Tubao <[email protected]>
Sent: Monday, July 18, 2022 3:18 PM
To: Planning Commission
Subject: Market on 8th
Categories: Blue Category
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
Hello! I am a resident of San Diego and would like to voice my support for Market on 8th in National City, California. I have been visiting the market every week since it has opened. It serves as a wonderful place to meet up with family and friends. I often run into old friends whom I haven’t seen in years while at Market on 8th as it embodies a unique sense of community within National City in addition to South Bay as a whole.
Market on 8th celebrates its community and sheds a special light on families and cultures within its space so that they may share their food and love with the surrounding community. I strongly believe that a continued live music aspect in addition to other beverage options would provide even more attraction to the market as well.
Overall, I would like to give my great support to Market on 8th and all they have done for National City - as they bring together families and friends, inspire others, and celebrate cultures among one great space.
Thank you, Olivia Tubao
1 Martin Reeder
From: Cheryl Olivar <[email protected]>
Sent: Thursday, July 14, 2022 4:00 PM
To: Planning
Subject: Market on 8th letter
Follow Up Flag: Follow up
Flag Status: Completed
Categories: Blue Category
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
Hello sir.
I receive your letter for market on 8th today.
I co-own condo at Bay Towers on National CIty boulevard across street from Market on 8th.
They customers park in our back lot and disappear to drink there.
We had one truck towed last week, the owner of truck came running out to chase tow truck, they left with his truck.
The guy started yelling in the parking lot, drunk.
They have no parking there and bother all of us here with outdoor noise.
If Union bank ever starts towing cars again, they will have no where else to go.
I do not want them to have entertainment or music, too loud and no space.
They need to get bigger place or rent out Big Bens grill house.
Please respect us residents here and let it be like is now.
cheryl olivar
1 Martin Reeder
From: Casa Raza <[email protected]>
Sent: Monday, July 18, 2022 3:20 PM
To: Planning Commission
Subject: Market on 8th Support
Categories: Blue Category
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
To National City Planners,
My family and I visit Market on 8th regularly. They have done a great job in bringing positivity to our community through their businesses and events. We support their desire to expand their hours of operation, integration of live entertainment, and the expansion of services and products. They have been responsible for creating more opportunities for young families like mine to have a safe and fun place for us to visit as a whole. Thank you for listening.
Sincerely,
Rachel Vangstad
Local Resident and Mother
1 Martin Reeder
From: Lee Razalan Jr. <[email protected]>
Sent: Monday, July 18, 2022 2:30 PM
To: Planning Commission
Subject: Support for Market on 8th
Categories: Blue Category
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
To Whom It May Concern,
I’m a local resident and also a consistent visitor to Market on 8th. They have invigorated the community with new life and a safe place for families to gather. I want to express my support for their ability to add live entertainment, extend their hours, and expand their options of service items like spirits and liquor to the community. They have shown respect and innovation to our city and are the type of business and energy we need to better our neighborhood.
Thank you for your time and attention.
Always,
Lee Razalan Jr.
Local Resident and Business Owner
[email protected]
1 Martin Reeder
From: Joan Rincon <[email protected]>
Sent: Friday, July 15, 2022 5:09 PM
To: Planning Commission
Subject: Planning Comm July 18, Item 4, CUP regarding Market on 8th Follow Up Flag: Follow up
Flag Status: Completed
Categories: Blue Category
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
I believe what should happen is to open this hearing and not vote on the result, but rather continue the matter into the next Planning Comm meeting that has live public participation, and finish it then.
This is an important matter for this part of the City. Adding drinking along the sidewalk is a big deal. Going to 1 am is a big deal. Having live bands playing until late is a big deal.
Some residents will find it downright suspicious that with a school nearby and hundreds of residents in Bayview Towers and with Brick Row so close, this item somehow got brought in the last video‐only meeting we are scheduled to have Let's give residents access to a true public hearing on this item.
The also gives the Commission a chance to hear input from the Institute for Public Strategies.
Joan Rincon, National City
1 Martin Reeder
From: Marco Sibaja <[email protected]>
Sent: Saturday, July 16, 2022 9:44 AM
To: Planning
Follow Up Flag: Follow up
Flag Status: Completed
Categories: Blue Category
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
Hi:NO,WE DON'T want any changes to Market on 8th street or novo bar.Thanks..
1 Martin Reeder
From: Robert Smiley <[email protected]>
Sent: Monday, July 18, 2022 3:11 PM
To: Planning Commission
Subject: Market on 8th CUP
Categories: Blue Category
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
Hello,
My name is Robert Smiley. I’m the owner of Cafe Indonesia, a family owned business in Market on 8th St in National City. I’m writing to voice my support of National City expanding our hours and offerings via the CUP. It’s been an honor to be part of Market on 8th, which has been more than supportive in giving us born and raised locals a chance to share our food and culture to the community as well the larger San Diego area. Market on 8th has brought together people from all over to share drinks, food, and company and has quickly become a growing staple of National City area.
Expanding our CUP would not only allow us locals at the market to give back more to the community, but also allow our city to share more with San Diego through special events and local entertainment. National city has a lot to offer. We need to show San Diego that we not only have great local food purveyors, but great local entertainers as well.
I hope you give this proposal true consideration. Thank you.
Robert Smiley
Sent from my iPhone
1 Martin Reeder
From: Raymond Smith III <[email protected]>
Sent: Monday, July 18, 2022 3:28 PM
To: Planning Commission
Subject: Market on 8th
Categories: Blue Category
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
To whom it may concern,
I’m writing in support of the Market on 8th. I grew up in the South Bay and now work in the South Bay. I love to spend time at the Market for lunch and dinner, thoroughly enjoying the wonderful food and drink. I would love to see music added to this vibrant beer garden/sidewalk cafe, live entertainment, and would also like to see a greater selection of alcoholic beverages. We would also like to see the hours expanded beyond 10 pm on occasion for special events. Please support small businesses that bring the community together! Thanks,
Ray Smith
Sent from my iPhone
1 Martin Reeder
From: Fro Sng <[email protected]>
Sent: Monday, July 18, 2022 2:48 PM
To: Planning Commission
Subject: Fwd: Market on 8th
Categories: Blue Category
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
Sent from Len
Begin forwarded message:
From: Fro Sng <[email protected]>
Date: July 18, 2022 at 2:34:13 PM PDT
To: [email protected]
Subject: Market on 8th
To whom it may concern;
I would just like to make a feedback in regards the newly open Public Market at 8th St, I used to remember that area to be dark and no lifeand dirty, but since the Market on 8th open it gives life and makes the place lively. It also serves as a gathering place for the community to catch and try the different foods that they offer them.
I love the food and the ambiance.
The only negative I could say is that they close really early.
I also want to thank the City of National city for allowing this kind of bussiness to open in our city, i feel like our neighborhood got upgraded☺
1 Martin Reeder
From: tlightm <[email protected]>
Sent: Friday, July 15, 2022 7:09 PM
To: Planning
Subject: Market on 8th
Follow Up Flag: Follow up
Flag Status: Completed
Categories: Blue Category
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
Dear Planning Commission,
The proposed modification use permit for the Market on 8th or by any other establishment is absolutely unacceptable. NO to any permit modification for said establishment.
The area already is inflicted with high level of traffic noise that it doesn't need to add to it. Furthermore, the was a homicide committed in bright day light that occurred across the street from said establishment. If such a horrific crime where the victim was stabbed twice and the perpetrator run the victim with his car. If such a crime can occur during daytime, how much more at night!! The area will not be safe to add a night club! It is not a wise community development to add an establishment that will infringe on peace and safety of the community. There are enough places where such activities are already in existence that pleasure seeker can go to. Please, NO NIGHT CLUB!! AND NO MODIFICATION TO EXISTING (CUP) FOR MARKET ON 8th.
Thank you
P. Thomas
1 Martin Reeder
From: Maria Villalobos <[email protected]>
Sent: Monday, July 18, 2022 3:31 PM
To: Planning Commission
Subject: In support of Market on 8th
Categories: Blue Category
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
I am an owner of two commercial properties on C Avenue and 8th st.
My name is Maria Villalobos Danilowicz. We are incredibly grateful to market on eighth and what that business has done to our community. Bringing people together, gathering eating socializing and best of all creating jobs.
Sincerely
María Villalobos Danilowicz
1 Martin Reeder
From: Tina Wurtz <[email protected]>
Sent: Monday, July 18, 2022 3:23 PM
To: Planning Commission
Subject: Market on 8th
Categories: Blue Category
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
Good afternoon,
It was brought to my attention that there are questions as to why live music and multi-alcohol vendors for Market on 8th.
First off what an amazing edition to the city, a clean urban venue involving the community and job opportunities. I am an event planner and a restauranteur so the first time I went into Market on 8th I started seeing all the amazing opportunities to bring in local talent and vendors. I have been asking for months when they will get live music on the weekends as well. Music creates a positive and uplifting atmosphere. People go out to relax and forget about their jobs and long days. It creates a social vibe. It brings people together.
This location can serve as a focal point for the community with parades, fundraisers, and charity events. I hope to see more at Market on 8th soon.
--
Tina Pernicano Wurtz
619-347-1781
1 Martin Reeder
From: Dr. Zhivago <[email protected]>
Sent: Monday, July 18, 2022 3:26 PM
To: Planning Commission
Subject: Market On 8th
Categories: Blue Category
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
My name is Marie Zhivago active patron to this wonderful site for Business in Food, Shopping and Entertainment!
As I was an employee my Colleagues would dine and have meetings there as an added plus include offering venue space and a family friendly environment!
I assisted with Otay Ranch Mall and Otay Market Nights early planning stages in Entertainment with local shops and forming new entrepreneurs in the Spring.
Now we have an amazing Summer venue for the Mall, surrounding businesses and local businesses with farmers market type of setup!
Families come in to join during the early evening to the night!
We collaborated with the local Beer company, Novo Brazil, to have a safe place for adults to enjoy the Beer Garden and enjoying local live entertainment playing until evening! Families have enjoyed the dancing and local artists in the area.
Arts, business, food industry and community coming together for all seasons!
I grew up in South Bay, our cousins own Valerio Family Bakery and National City is a major city with future innovation building up backed by Military Family setting.
I am so proud of what Market on 8th has become and about to do in National City expansion.
The leaders of developing community spaces will strive to develop an amazing area devoted to the best and new Tastes the world has to offer!
Some of the worlds best chefs and entrepreneurs are already living here!
I am looking forward to seeing the devotion the next generations bring Forward with your guidance!
With love,
Marie Dolopo Zhivago
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CensusTracts 2010
August 25, 2014
0 0.75 1.50.375 mi
0 1 20.5 km
1:45,467
ATTACHMENT 10
City of National City
Beat 21
Source: Microsoft Mappoint
NCPD CAU, 4/18/07
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 ATTACHMENT 11
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:
Revised: 8/16
2 of 2
Low Risk ( 12pts or less)
Medium Risk (13 – 18pts)
High Risk (19 – 24pts)
Total Points
ATTACHMENT 12
COMMUNITY DEVELOPMENT DEPARTMENT – PLANNING DIVISION
1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950
NOTICE OF EXEMPTION
TO: Assessor/Recorder/County Clerk
A
ttn: Fish and Wildlife Notices
1600 Pacific Highway, Suite 260
San Diego, CA 92101
MS: A-33
Project Title: 2022-18 CUP
Project Location: 41 East 8 th Street, National City, CA 91950 Contact Person: M
artin Reeder Telephone Number: (619) 336-4313
Description of Nature, Purpose and Beneficiaries of Project:
Conditional Use Permit Modification for live entertainment and modified hours of alcohol sales at an existing public market (Market on 8th) located at 41 East 8th Street.
Applicant: Telephone Number:
8th Street Marketplace LLC (619) 306-8193
c/o: Joel Tubao
41 East 8
th Street
National City, CA 91950
Exempt Status:
Categorical Exemption. Class 1 Section 15301 (Existing Facilities) Reasons why
project is exempt:
The reason for the exemption is that no expansion of the building is proposed and uses would basically be the same as the current uses and the density of which were analyzed as part of the Downtown Specific Plan.
Date:
M
ARTIN REEDER, AICP
P lanning Manager
ATTACHMENT 13
RESOLUTION NO. 2022-16
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF NATIONAL CITY, CALIFORNIA
APPROVING A CONDITIONAL USE PERMIT MODIFICATION FOR THE ADDITION
OF LIVE ENTERTAINMENT AND MODIFIED HOURS OF OPERATION AT AN EXISTING PUBLIC MARKET (MARKET ON 8TH) LOCATED AT 41 EAST 8TH STREET.
CASE FILE NO. 2022-18 CUP
APN: 556-331-26
WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit Modification for the addition of live entertainment and modified hours of operation at an existing public market (Market on 8 th) located at 41 East 8 th Street at a duly advertised public hearing held on July 18, 202 2, at which time oral and documentary evidence was presented; and,
WHEREAS, at said public hearing the Planning Commission consid ered the staff report contained in Case File No. 2022-18 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable 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 July 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 alcohol sales and live entertainment are allowable within Development Zone 4 of the Downtown Specific Plan, pursua nt to a CUP, and the proposed use meets the r equired 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 and live entertainment are permitte d, subject to a Conditional Use Permit, by the Land Use Code, which is consiste nt with the General Plan. A restaurant accessory beer sales is also a use t hat is consistent with Development Zone 4 of the Downtown Specific Plan, which allows such uses.
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,
b
ecause 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 use is existing and is accessory to the restaurant and public market, which is located in an existing commercial area. The building is existing and has ten on-street parking spaces adjacent to the property, as w ell as access to several nearby parking areas. Live entertainment would occur wi thin the existing building.
5. Granting the permit would not constitute a nuisance or be in jurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the sale and consumption of beer and wine would continue to be a small part of the overall public market use, with the alcohol serving area only 10% of the total floor area of the whole property. Al cohol consumption would be monitored by staff of the public market. In addition, the proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available. Furthermore, live entertainment will be limited to appropriate hours and to maximum noise standards to avoid impacts to nearby residential uses.
6. The proposed project has been reviewed in compliance with th e California Environmental Quality Act (CEQA) and has been determined to be categorically exempt from environmental revie w pursuant to Class 1, Section 1 5301 (Existing Facilities) for which a Notice of Exemption will be filed subse quent to approval of this Conditional Use Permit. The reason for the exemption is that no expansion of the building is proposed and uses would basically be the same a s the current uses and the density of which were analyzed as part of the Downtown Specific Plan.
7. That the proposed use is deemed essential and desirable to the public convenience or necessity, because alcohol sales have contributed to the via bility of the public market, an allowed use in Development Zone 4 of the Downtown Specific Plan. The existing tasting room has been a draw for area and non-area res idents alike and has further activated the downtown core, consistent with the spirit and intent of the Downtown Specific Plan. The addition of live entertainment is expected to add to the success of the market and the enjoyment of its patrons.
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 extension of alcohol sales hours (as stated in Condition No. 7 below), the addition of live entertainment (subject to the hours stated in Condition No. 9 below), a mobile bar in the back patio, off-site alcohol sales (subject to the hours stated in Condition No. 8 below), and consumption of alcohol in the front patio at an existing public market located at 41 East 8 th Street. Any plans submitted for
permits associated with this project shall conform to Exhibit A, Case File No. 2022-18 CUP, dated 4/7/2022.
2. Unless specifically modified by this resolution, all Conditions of Approval of City Council Resolution 2016-122 shall remain in full force and effect.
3. 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 notar ized Acceptance Form within 30 days of its receipt sha ll 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.
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 procedu res 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 change in alcohol sales and consumption practices shall b e permitted without receiving a Type 41 license from the California Department of A lcoholic Beverage Control (ABC).
8. The Type 41 ABC license shall not be considered in effect un til the Type 23 ABC license has been surrendered or transferred to a different location.
9. The sale of alcoholic beverages for on-site consumption shal l only be permitted between the hours of 6:00 a.m. and 1:00 a.m. daily.
10. The sale of alcoholic beverages for off-site consumption sh all only be permitted between the hours of 12:00 p.m. and 10:00 p.m. daily.
11. The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited.
12. No sale of wine shall be sold in containers of less than 750 milliliters. The sale of wine with an alcoholic content greater than 15% by volume is prohibited.
13. Permittee shall post signs in the patio dining area, includ ing all exits to outdoor seating areas, indicating that alcoholic beverages must be cons umed inside the restaurant or patio area and may not be taken off-premises.
14. Live entertainment shall be conducted as an accessory use t o the public market for the enjoyment of its patrons. No concerts or specific live ente rtainment events shall be permitted.
15. Live entertainment inside the building shall be permitted during the following hours:
Sunday 12:00 p.m. to 10:00 p.m.
Monday to Thursday 3:00 p.m.* to 10:00 p.m.
Friday 3:00 p.m.* to 11:30 p.m.
Saturday 12:00 p.m. to 11:30 p.m.
16. Live entertainment outside the building shall be permitted during the following hours.
Sunday 12:00 p.m. to 8:00 p.m.
Monday to Thursday 3:00 p.m.* to 8:00 p.m.
Friday 3:00 p.m.* to 9:00 p.m.
Saturday 12:00 p.m. to 9:00 p.m.
* On days when Integrity Charter School is not in session, live entertainment may begin at 12:00 p.m.
17. A licensed security guard shall be on site during all live music performances.
18. A sound study shall be commissioned by the applicant to ens ure that live entertainment complies with Titl e 12 of the National City Munic ipal Code (Noise).
Results shall be provided to t he Community Development Departme nt and verified prior to any live entertainment being offered.
19. All activities shall comply with the limits contained in Table III of Title 12 (Noise) of the National City Municipal Code.
.- BE IT FURTHER RESOLVED that the applicant has requested the waiver of Condition 11 of this Resolution, which is a policy condition of City Council Policy 707; and BE IT FURTHER RESOLVED that only the City Council may waive a policy condition at a public hearing; and
BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council in order to conduct said public hearing; and BE IT FINALLY RESOLVED that this Resolution shall become effective on the day following review and approval by the City Council after a duly noticed public hearing.
CERTIFICATION:
This certifies that the Resolution was adopted by the Planning Commission at their meeting of July 18, 2022, by the following vote:
AYES: Sendt, Valenzuela, Castle, Yamane
NAYS: Miller
ABSENT: Natividad, Sanchez
ABSTA IN: ~ :::>
:...:;.. CHAIRPERSON
AGENDA REPORT
Department: Finance
Prepared by: Rachelle Barrera, Finance Manager
Meeting Date: Tuesday, August 16, 2022
Approved by: Brad Raulston, City Manager
SUBJECT:
Adopt the Resolution, setting Property Tax Rate for Library General Obligation Bond Property Tax Rate 2023 at .572 cent.
RECOMMENDATION:
Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, setting Property Tax Rate for Library General Obligation Bond Property Tax Rate 2023 at .572 cent.” (Finance)
BOARD/COMMISSION PRIOR ACTION:
Not Applicable.
EXPLANATION:
In the special municipal election held on March 5, 2002, more than two -thirds of National City's eligible voters approved the issuance of general obligation bonds to fund the construction of the new National City Library. In April 2003, the City issued the general obligation bonds in the aggregate principal amount of $6 million. Those bonds mature on August 1st of each of the years 2004 through 2028. In 2012, the City refinanced the bonds to lower the interest rate on the bonds and to decrease the tax burde n required for repayment. The amount of principal and interest to be paid each year is generated through the proceeds of property taxes received from the County of San Diego. Each year, the City must establish the property tax rate that is needed to raise the revenue required to service its annual bonded indebtedness. For fiscal year 2023, the calculated property tax rate is 0.572 cent per $100 of assessed value. This is a reduction of $0.018 cent per $100 of assessed value over the prior year’s tax rate.
FINANCIAL STATEMENT:
A FY23 property tax rate of $0.572 is estimated to generate around $285,000 in revenue.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Not Applicable
ENVIRONMENTAL REVIEW:
This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065.
PUBLIC NOTIFICATION:
Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.
ORDINANCE:
Not Applicable
EXHIBITS:
Exhibit A - Library General Obligation Bond Rate Calculation – 2022-2023 Tax Roll Exhibit B - Resolution
G:\FINANCE\GO Bond Property Tax Rate for Indebtedness\FY 2023 GO Library Bond Tax Rate\Library General Obligation Bond Rate Calculation - 2022-2023 Tax Roll _ CC August 16, 2023 Tab: Attachment FY23 Final Calc Tab
General Obligation Bond Debt Service (Fund 259)
Tax Rate Computation for Fiscal Year 2023
National City AVR Report Fund No. 6065-50
Rate per
$100
Assessed
Valuation
FY22/23
Est. Revenue PY Rate Change: 3.0508%
Secured Valuation 0.0057200 4,714,826,881 269,688
Unsecured Valuation 0.0059000 241,154,118 14,228
283,916
HO Exemption 27,483,917
1 Net Secured Valuation 4,714,826,881 11 Amount to be raised 280,235 3 Less Delinquency Allowance - 12 Unsecured HOPTR -
4 Net after Delinqency 4,714,826,881 14 Unsecured Delinquency 13,944 5 Plus HOPTR
27,483,917
15 Less Unsecured
Redevelopment Impact -
6 Prelim Adj Secured Valuation
4,742,310,798
16 Amount to be raised by
Secured Taxes 266,292
7 Less Redevelopment Impact -
8 Adj Sec Valuation Less
Redevelopment Impact 4,742,310,798
9 Anticipated Roll Corrections
18a Tax rate times #4 264,973
10 Adj Sec Val for Rate
Computation 4,742,310,798 18b Tax rate times HOPTR 1,545 19 Secured Proof 266,518
16 Computed Rate (per $100) 0.00562000 20 Raised by 1/100th mil 4,742 17 Plus .0001 0.00572000 21,23 Taxes Raised 285,204 I CERTIFY THAT THE ABOVE COMPUTED RATE + 1/100TH MIL IS A REASONABLE TAX RATE FOR THIS FUND 7/26/2022
Rachelle Barrera Date
Finance Manager
RESOLUTION NO. 2022 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE SAME PROPERTY TAX RATE FOR THE LIBRARY GENERAL OBLIGATION BOND FOR FISCAL YEAR 2023 TO 0.572 CENT PER $100 OF
ASSESSED VALUATION
WHEREAS, in the special municipal election held on March 5, 2002, more than two-thirds of National City's eligible voters approved the issuance of General Obligation Bonds to fund the construction of the new National City Public Library; and
WHEREAS, in April, 2003, the City issued the Library General Obligation Bonds in the aggregate principal amount of $6 million which mature August 1st of each of the years from 2004 through 2028; and
WHEREAS, in 2012, the City refinanced the bonds to lower the interest rate on the bonds and to decrease the tax burden required for repayment; and WHEREAS, the amount of principal and interest to be paid each year is generated through the proceeds of property taxes received from the County of San Diego; and
WHEREAS, each year the City must establish the property tax rate that is needed to raise the revenue required to service its annual bonded indebtedness; and WHEREAS, for Fiscal Year 2023, the calculated property tax rate is 0.572 cent per $100 of assessed value.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: Authorizes the property tax rate for bonded indebtedness for Fiscal Year 2023 to be reflected as 0.572 cent per $100 (0.00572%) of assessed valuation.
Section 2: The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
Resolution No. 2022 –
Page Two
PASSED and ADOPTED this 16th day of August, 2022.
Alejandra Sotelo-Solis, Mayor
ATTEST:
Luz Molina, City Clerk
APPROVED AS TO FORM:
Barry J. Schultz, Interim City Attorney
AGENDA REPORT
Department: Administrative Services - Human Resources Prepared by: Molly Brennan, Administrative Services Director Meeting Date: Tuesday, August 16, 2022
Approved by: Brad Raulston, City Manager
SUBJECT:
Citywide Recruitment and Retention Update
RECOMMENDATION:
Review and discuss
BOARD/COMMISSION PRIOR ACTION:
Not Applicable.
EXPLANATION:
As requested by City Council, staff has prepared a presentation to review the City’s current recruitment and retention efforts across the City’s departments.
FINANCIAL STATEMENT:
No fiscal impact.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Not Applicable
ENVIRONMENTAL REVIEW:
This is a project under CEQA and requires full environmental review and the preparation of an environmental impact report. CCR 15362.
PUBLIC NOTIFICATION:
Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.
ORDINANCE:
Not Applicable
EXHIBITS:
None
AGENDA REPORT
Department: City Clerk's Office
Prepared by: Shelley Chapel, MMC, Deputy City Clerk
Meeting Date: Tuesday, August 16, 2022
Approved by: Brad Raulston, City Manager
SUBJECT:
Public Meeting Protocols – In-Person and Teleconference Meetings
RECOMMENDATION:
Discuss and provide staff recommendation.
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
The City Council has made previous findings to remain virtual as allowed under AB 361, which authorizes a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Brown Act. On April 5, 2022, the City Council voted to transition Public Meetings, including City Council and all Boards, Commissions , and Committees (BCCs), back to in-person meetings effective August 1.
Highly Infectious BA.4 and BA.5 Subvariants are increasing COVID cases in San Diego County.
Council consideration continues with a focus specifically on the meetings through Decembe r 2022. To assist with the City Council discussion and decision staff has conducted a survey of the 18 San Diego County Cities , and Regional Agencies regarding current practices for public meetings as shown in the table below.
City Council Meetings In-Person Only 8 (Carlsbad, El Cajon, Encinitas, Imperial Beach, Lemon Grove, San Marcos, Santee, Vista)
City Council Meetings Virtual Only 2 (Del Mar and Solana Beach) City Council Meetings Hybrid/Zoom 8 (Chula Vista, Coronado, Escondido, La Mesa, National City, Oceanside, Poway, San Diego)
Written Comment Read Into the
Record by Clerk
2 (National City and Imperial Beach)
Require Masks in Chamber 3 (Chula Vista, ((Staff Only: National City, Vista)) Full Capacity Seating 15 (National City is 50% Capacity and 2 Cities are still Virtual only)
Other Regional Agencies and Board Meetings the City Council Members attend:
VIRTUAL ONLY: IN-PERSON
SANDAG Port of San Diego
MTS San Diego County Supervisors
Metro Wastewater JPA RSWA – Regional Solid Waste Association Sweetwater Authority
San Diego County Water Authority
Returning to the in-person meetings in the Chamber on August 2, staff members were presented with technical challenges to continue both the in -person and virtual meetings simultaneously.
Considerations are the Audio -Visual (AV) System in the Chamber used for streaming the meetings, recording votes and providing monit ors for attendees viewing is outdated. Staff was able to piece-meal the system to ensure the meeting occurred, but not without requiring additional staff to assist and work overtime. The City Clerk’ s Office currently has three (3) members attending the meeting to manage three (3) different systems (Zoom, Voting and eSCRIBE), and the IT department had three (3) staff members on-site to ensure internet connectivity, assist with the AV system within the Chamber and additional AV provided in the Conference Room available for the Closed Session Meeting to include consultants’ participation, and Spanish interpretation of the meetings.
The cost of overtime for the four (4) hourly staff members was not included in the departmental budgets for FY 2022/2023, therefore, an appropriation of $10,000 is being requested should the City Council continue with the hybrid meeting format . This cost would fund overtime for hourly staff members for the remaining eight (8) scheduled Regular Meetings and two (2) scheduled Special Meetings; estimating the average length of a meeting is three (3) hours. This cost would not include any Special Closed Session Meetings that are not already scheduled.
FINANCIAL STATEMENT:
If City Council directs staff to continue with the hybrid meeting format for the rest of the calendar year, staff will bring forward a budget appropriation of $10,000 as a future Council item to cover the additional overtime personnel costs.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Not Applicable
ENVIRONMENTAL REVIEW:
This is not a project under CEQA and is therefore not subject to environmental review. CCR15378; PRC 21065.
PUBLIC NOTIFICATION:
Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.
ORDINANCE:
Not Applicable
EXHIBITS:
None.