RESOLUTION NO. 2024 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA,
AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND LIEBERT
CASSIDY WHITMORE FOR LEGAL SERVICES IN THE SPECIALIZED AREA OF LABOR LAW.
WHEREAS, the City of National City (“City”) engages outside legal support for specialized areas; and
WHEREAS, this year, the City will be embarking upon labor negotiations with its three formal labor groups; and
WHEREAS, approval of this agreement would allow Liebert Cassidy Whitmore to represent the City during negotiations; and
WHEREAS, a City Committee consisting of Mayor Morrison, Councilmember Bush , City Manager Martinez, Human Resources Director Hernandez and City A ttorney Schultz recommends that the City Council approve an Agreement between the City of National City and Liebert Cassidy Whitmore for legal services in the specialized area of labor law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: Approves the agreement between the City of National City and Liebert Cassidy Whitmore for legal services in the specialized area of labor law attached to the Agenda Report as Exhibit A.
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 6th day of August 2024.
Ron Morrison, Mayor
ATTEST:
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
Barry J. Schultz, City Attorney
AGENDA REPORT
Department: Engineering and Public Works
Prepared by: Luca Zappiello, Associate Engineer - Civil Meeting Date: Tuesday, August 6, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
Acceptance of Highway Safety Improvement Program Funding for the Construction Phase of the Pedestrian Safety Enhancements Project, CIP 22-16.
RECOMMENDATION:
Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Establishment of an Engineering Grants Fund Appropriation of $ 367,500 and Corresponding Revenue Budget for the Construction Phase of the Pedestrian Safety Enhancements Project, CIP 22-16, Reimbursable through the Highway Safety Improvement Program Grant Approved by Caltrans.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
On March 30, 2021, the California Department of Transportation (Caltrans) awarded the City of National City a $427,500 Highway Safety Improvement Program (HSIP) grant for the Pedestrian Safety Enhancements Project. The grant award is allocated by project phases as follows:
Project Approval and Environmental Documents (PA&ED) - $10,000 Plans, Specifications, and Estimate (PS&E) - $50,000
Construction (CON) - $367,500
On January 24, 2022, Caltrans issued an Authorization to Proceed to the City for the PA&ED and PS&E phases, establishing the date for eligible reimbursement.
The Project will install pedestrian countdown signal heads, advance stop bar before crosswalks (Bicycle Box), and modify signal phasing to implement a Leading Pedestrian Interval (LPI) at the following eight (8) signalized intersections:
1. Harbison Ave & E. Plaza Blvd
2. Harbison Ave & E. 8th St.
3. E Plaza Blvd & Highland Ave
4. Highland Ave & E. 8th St.
5. Highland Ave & E. 21st St.
6. Highland Ave & E. 18th St.
7. National City Blvd & E 8th St.
8. Highland Ave & E 30th St.
This project was identified through the review of two previously completed safety planning projects:
1) National City INTRA Connect Plan, funded by a Caltrans Sustainable Transportation Planning Grant in 2018; and
2) National City Local Roadway Safety Plan (LRSP), funded by a Caltrans HSIP grant, which used traffic collision data collected from the Statewide Integrated Traffic Records System (SWITRS) for the 5-year period of January 1, 2013 through December 31, 2017.
On May 27, 2024, the City submitted an allocation request to Caltrans requesting to allocate funding for the Construction (Con) phase.
On July 2, 2024, Caltrans issued an Allocation Letter allocating $367,000 for the Construction phase (see attached Exhibit B). Therefore, staff recommends authorizing the establishment of an Engineering Grants Fund appropriation of $367,500 and corresponding revenue budget for the Construction Phase of the Pedestrian Safety Enhancements Project, CIP 22-16, reimbursable through a Highway Safety Improvement Program (HSIP) grant approved by Caltrans.
Design of this project has been completed, and construction is anticipated to start before the end of 2024.
FINANCIAL STATEMENT:
If approved, a budget adjustment will be made in the Engineering Department Grants Fund as follows:
Expenditure Account: 296-10-18-18500-7598-6051296 - HSIP Grant: $367,500 Revenue Account: 296-10-18-18500-3463- Other State Grants: $367,500
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Transportation Choices and Infrastructure
ENVIRONMENTAL REVIEW:
This is a project under CEQA subject to a Categorical Exemption. Existing Facilities. CCR 15301(c).
PUBLIC NOTIFICATION:
The Agenda Report was posted within 72 hours of the meeting date and time in accordance with the Ralph M. Brown Act.
ORDINANCE:
Not Applicable
EXHIBITS:
Exhibit A – Project Location Map
Exhibit B – Allocation Letter
Exhibit C – Resolution
E PLAZA BLVD
HARBISON AVE
HIGHLAND AVEE PLAZA BLVD
E 18TH STE 21ST STE 30TH STHIGHLAND AVE
E 8TH STNATIONAL CITY BLVD
LOCATION 2LOCATION 1
LOCATION 3LOCATION 7LOCATION 4
LOCATION 6LOCATION 5LOCATION 8
9/24/2020Sheet 1 of 1
C:\CRA_SP\Chen Ryan\P-2020-070-HSIP_Cycle_10 - Files\National City - SSARP Based App\Attachment 2 - Vicinity Location Map\CAD\Vicinity Map.dwg Plot: Melanie Foronda Date: 10/26/2020 1:35:55 PM N0'2000'4000'SCALE 1" = 2000'
NATIONAL CITY HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) - CYCLE 10Attachment 2 - Vicinity and Location Map Legend
STATE OF CALIFORNIA - CALIFORNIA STATE TRANSPORTATION AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF TRANSPORTATION
Division of Local Assistance
1120 N STREET
P.O. BOX 942874, MS# 1
Sacramento, CA 94274-0001
TTY 711
File : 11-SD-0-NATC
HSIPSL-5066(050)
Signalized intersections at
Harbison Ave/E Plaza Blvd,
Harbison Ave/E 8th St, E Plaza
Blvd/Highland Ave,
July 2, 2024
Mr. Stephen Manganiello
Director of Engineering & Public Works
City of National City
1243 National City Blvd.
National City, CA 91950
Attn: Mr. Luca Zappiello
Dear Mr. Manganiello:
Your letter dated June 13, 2024 requested an allocation of State funds from the Highway Safety Improvement Program (HSIP) project (project location: Signalized intersections at Harbison Ave/E Plaza Blvd, Harbison Ave/E 8th St, E Plaza Blvd/Highland Ave, Highland Ave/E 8th St, Highland Ave/E 21st St, Highland Ave/E 18th St, ...). The State hereby makes the allocation in the amount of $367,500.00 of State funds for Construction phase of this project effective July 02, 2024. You may now proceed with the Construction phase of the project. Any work for the Construction phase that has been approved for funding and is performed after this date will be eligible for reimbursement. Please refer to the Finance Letter for the complete approved funding of all phases for this project.
All projects require a Master Agreement and Program Supplement Agreement to be in place prior to the payment of project invoices. If one has not already been executed, this office will soon send you a Program Supplement Agreement and Master Agreement for execution. Please do not submit invoices for this project until the agreements are fully executed by both you and the State.
Invoices are to be submitted at a minimum of every six (6) months in order to remain active.
If you have any questions, please contact your District Local Assistance Engineer.
Sincerely,
ROBERT NGUYEN, Chief
Office of Project Management Oversight - South
Division of Local Assistance
c: DLA AE Project Files
(11) DLAE - Brian Ott
Local Program Accounting
HQ HSIP Manager - Richard Ke
for
RESOLUTION NO. 2024 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA ,
AUTHORIZING THE ESTABLISHMENT OF AN ENGINEERING GRANTS FUND APPROPRIATION OF $367,500 AND CORRESPONDING REVENUE BUDGET FOR THE
CONSTRUCTION PHASE OF THE PEDESTRIAN SAFETY ENHANCEMENTS PROJECT, CIP 22-16, REIMBURSABLE THROUGH THE HIGHWAY SAFETY IMPROVEMENT PROGRAM GRANT APPROVED BY CALTRANS.
WHEREAS, the Pedestrian Safety Enhancements project, CIP 22-16 (“Project”) will install pedestrian countdown signal heads, advance stop bar before crosswalks (Bicycle Box), and modify signal phasing to implement a Leading Pedestrian Interval at eight (8) signalized intersections: (1) Harbison Ave & E. Plaza Blvd; (2) Harbison Ave & E. 8th St.; (3) E Plaza Blvd & Highland Ave; (4) Highland Ave & E. 8th St.; (5) Highland Ave & E. 21st St.; (6) Highland Ave & E. 18th St.; (7) National City Blvd & E 8th St.; (8) Highland Ave & E 30th St; and
WHEREAS, on March 30, 2021, the California Department of Transportation (“Caltrans”) awarded a $427,500 Highway Safety Improvement Program (“HSIP”) grant to the City of National City (“City”) for the Project; and
WHEREAS, the $427,500 award was distributed by Project phases as follows : Project Approval and Environmental Documents ( “PA&ED”) - $10,000; Plans, Specific ations and Estimate (“PS&E”) - $50,000; and Construction (CON) - $367,500; and WHEREAS, on January 24, 2022, Caltrans issued an Authorization to Proceed to the City for the PA&ED and PS&E phases, establishing the date for eligible reimbursement; and WHEREAS, on May 27, 202 4, the City submitted an allocation request to Caltrans requesting to allocate funding for the Construction phase; and WHEREAS, on July 2, 2024, Caltrans authorized the City to proceed with the Consutrction phase in the amount of $367,500; and
WHEREAS, City staff recommends the City Council adopt this Resolution authorizing the establishment of an Engineering Grants Fund appropriation and corresponding revenue budget to allow for reimbursement of up to $367,500 in eligible Project expenditures through the HSIP grant.
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 a uthorizes the establishment of an Engineering Grants Fund appropriation of $367,500 and corresponding revenue budget for the Construction phase of the Pedestrian Safety Enhancements Project , CIP 22-16, reimbursable through the Highway Safety Improvement Program grant approved by Caltrans.
Section 2: That 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 6th day of August, 2024.
Ron Morrison, Mayor
ATTEST:
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
Barry J. Schultz, City Attorney
AGENDA REPORT
Department: Community Development
Prepared by: Greg Rose, Property Agent
Meeting Date: Tuesday, August 6, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
Affordable Housing Density Bonus Agreement for 2039 E 8th Street
RECOMMENDATION:
Approve the Resolution Entitled “Resolution of the City Council of the City of National City, California, Approving an Affordable Housing Density Bonus Agreement and Related Documents with Talas LLC, a California Limited Partnership, Restricting the Rent and Occupancy of Three (3) U nits to Very Low -Income H ouseholds in Exchange for the D ensity Bonus and O ne (1) Incentive Pursuant to California Government Code Sections 65915 – 65918 for the Development of 48 Housing Units Located at 2039 E 8th Street in National City.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
Talas LLC (“Developer”) would like to build a 48 unit project at 2039 E 8th Street. Developer can build 47 units by right. Developer is proposing to restrict three (3) units to very low -income households, defined as 50% of Area Median Income, in exchange for one (1) bonus unit and one (1) incentive, pursuant to California Government Code Section 65915-65918. The incentive allows for a deviation from minimum public and private open space requirements.
The Planning Division reviewed and approved the incentive for the Affordable Housing Density Bonus Agreement (“Agreement,” Exhibit B) . The Agreement will serve to memorialize the Developer’s obligation to provide the affordable units and the restriction of the affordable units by the recordation of this Agreement assuring affordability for a total of 55 years. A Performance Deed of Trust (Exhibit C) will also be recorded to secure the Agreement on the property.
Information on the Density Bonus Program can be found in the Density Bonus Background (Exhibit A) and on the City’s website, www.nationalcityca.gov, under Asset Management.
FINANCIAL STATEMENT:
The developer will pay all City fees associated with the construction of this project. Upon completion, it will add to the property tax base for the City. The Housing Authority will collect an annual monitoring fee; that fee is currently $215.00 per affordable unit and is subject to revision.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Housing and Community Development
ENVIRONMENTAL REVIEW:
This is not a project under CEQA and is therefore not subject to environmental review. CCR 15378; PRC 21065.
PUBLIC NOTIFICATION:
The Agenda Report was posted within 72 hours of the meeting date and time in accordance with the Ralph M. Brown Act.
ORDINANCE:
Not Applicable
EXHIBITS:
Exhibit A - Background
Exhibit B - Density Bonus Agreement
Exhibit C - Deed of Trust
Exhibit D - Resolution
BACKGROUND REPORT
California’s Density Bonus Law is a mechanism that allows developers to obtain more favorable local development requirements in exchange for offering to build or donate land for affordable or senior units. The Density Bonus Law (found in California Government Code Sections 65915 – 65918) provides developers with powerful tools to encourage the development of affordable and senior housing, including up to a 50% increase in project densities, depending on the amount of affordable housing provided. The Density Bonus Law is about more than the density bonus itself, however. It is actually a larger package of incentives intended to help make the development of affordable and senior housing economically feasible. Other tools include reduced parking requirements and incentives and concessions such as reduced setback and minimum square footage requirements. Often these other tools are even more helpful to project economics than the density bonus itself, particularly the special parking benefits.
Sometimes these incentives are sufficient to make the project pencil out, but for other projects, financial assistance is necessary to make the project feasible.
In determining whether a development project would benefit from becoming a density bonus project, developers also need to be aware that:
The density bonus is a state mandate. A developer who meets the requirements of the state law is entitled to receive the density bonus and other benefits as a matter of right. As with any state mandate, some local governments will resist complying with the state requirement. But many local governments favor the density bonus as a helpful tool to cut through their own land-use requirements and local political issues.
Use of a density bonus may be particularly helpful in those jurisdictions that impose inclusionary housing requirements for new developments.
Special development bonuses are available for developers of commercial projects who partner with affordable housing developers to provide onsite or offsite affordable housing. Special bonuses are also available for condominium conversion projects and projects that include child care facilities.
The Legislature has recently added density bonuses for housing developments for foster youth, disabled veterans, homeless persons, and college students.
Cities and counties are required to grant a density bonus and other incentives or concessions to housing projects which contain one of the following:
• At least 5% of the housing units are restricted to very-low-income residents. • At least 10% of the housing units are restricted to lower-income residents. • At least 10% of the housing units in a for-sale common interest development are restricted to moderate-income residents.
• At least 10% of the housing units are for transitional foster youth, disabled veterans, or homeless persons, with rents restricted at the very-low-income level. • At least 20% of the housing units are for low-income college students in housing dedicated for full-time students at accredited colleges.
• The project donates at least one acre of land to the city or county for very-low-income units, and the land has the appropriate general plan designation, zoning, permits and approvals, and access to public facilities needed for such housing.
• The project is a senior citizen housing development (no affordable units required). • The project is a mobile home park age-restricted to senior citizens (no affordable units required).
Affordable rental units must be restricted by an agreement which sets maximum incomes and rents for those units. As of January 1, 2023, the income and rent restrictions must remain in place for a 55- year term for very low or lower income units. Rents must be restricted as follows:
• For very-low-income units, rents may not exceed 30% x 50% of the area median income for a household size suitable for the unit.
• For lower-income units, rents may not exceed 30% x 60% of the area median income for a household size suitable for the unit.
• Area median-income is determined annually by regulation of the California Department of Housing and Community Development, based upon median-income regulations adopted by the U.S. Department of Housing and Urban Development.
• Rents must include a reasonable utility allowance.
• Household size appropriate to the unit means 1 for a studio unit, 2 for a one bedroom unit, 3 for a two bedroom unit, 4 for a three bedroom unit, etc. In many cases, achieving a reduction in parking requirements may be more valuable than the additional permitted units.
The Density Bonus Law is often used by developers to obtain more housing than the local jurisdiction would ordinarily permit, it can also be a helpful land use tool. The density bonus can provide a useful mechanism for increasing allowable density without requiring local officials to approve general plan amendments and zoning changes. A project that satisfies the requirements of the Density Bonus Law often can obtain the necessary land use approvals through the award of the density bonus units and requested concessions and incentives, without having to amend the underlying land use requirements.
Although there is no specific density bonus exemption from the California Environmental Quality Act, many density bonus projects are likely candidates for urban infill and affordable housing exemptions from CEQA. One commonly invoked exemption is the Class 32 urban infill exemption found in CEQA Guidelines Section 15332. That exemption is available if the project is consistent with applicable general plan designation and zoning, the site is five acres or less and surrounded by urban uses, is not habitat for endangered, rare or threatened species, does not have any significant effects relating to traffic, noise, air quality or water quality, and is adequately served by utilities and public services. Other exemptions are available for high density housing projects near major transit stops (CEQA Guidelines Section 15195) and affordable housing projects of up to 100 units (CEQA Guidelines Section 15194).
Developer incentives are; one bonus unit and a waiver from public & private open space requirements. 50% Area Median Income Limits for National City effective April 1, 2024 Family Size 1 2 3 4 5 6 7 8
$53,050 $60,600 $68,200 $75,750 $81,850 $87,900 $93,950 $100,000 The site plans for the apartment project at 2039 E 8th Street start on the following page.
stamp
sheet
date
job no. project title
6 5
4 2
1 3
7 8
9 10
11 12
6 5
4 2
1 3
7 8
9 10
11 12
A B C D E F G H J K L M N P Q R S
A B C D E F G H J K L M N P Q R S
KIRE 8th ST
2039 EAST 8TH STREET, NATIONAL CITY CA 91950
2208
sheet
9 TITLE SHEET
A001
Stephen Dalton Architects
444 S. CEDROS. STUDIO 190
SOLANA BEACH. CA 92075
t: 858.792.5906 / f: 858.792.5916
LICENSED ARCHITECT
TEPHEN E. DALTO
TE OF CAL I FOR01/31/25
6/28/2023
CITY SUBMITTAL 01
9/8/2023
CITY SUBMITTAL 02
LICENSED ARCHITECT
TEPHEN E. DALTO
TE OF CAL I FOR01/31/25
11/6/23
CITY SUBMITTAL 03
PROJECT NAME 8TH STREET
OWNER KIRE BUILDERS
PROJECT ADDRESS 2039 8TH STREET
NATIONAL CITY, CA 91950
A.P.N. 557-140-25
LEGAL DESCRIPTION PORTION OF E 1/2 OF W 1/2 OF E 1/2
OF QUARTER SECTION 130 OF
RANCHO DE LAS NACION, MAP NO.
166
BASE ZONE MXC-1
REQUIRED SETBACKS FRONT: 0' MAX 15'
REAR: 0'
SIDE (EXTERIOR): 0'
SIDE (STREET): 0'
EASEMENTS 6' ON EAST - SEE CIVIL PLAN
REQUIRED PERMITS BUILDING PERMIT
BUILDING CODE(S) 2021 CBC
CONSTRUCTION TYPE VB
OCCUPANCY R-2
S-2
S-1
B
OCCUPANT LOAD
SPRINKLERS (YES/NO) YES
STORIES 3
PROPOSED HEIGHT 44'-6"
PROJECT DATA
6"
EL 99.99
A 8-1
1 A8-1
1 2
3 4 A6-1
10 1
A4-1
1 A4-1
1 0
0 N
RI
01.01 F01
DRAWING TITLE
GRID LINES
BUILDING SECTION
WALL OR DETAIL
SECTION
DETAIL
CALLOUT
EXT/INT ELEVATIONS
NORTH
ARROW
ABOVE, BELOW, OR HIDDEN
CUTLINE
DOOR IDENTIFIER
WINDOW IDENTIFIER
MATERIAL IDENTIFIER
FIXTURE IDENTIFIER
KEYNOTE
REVISION CLOUD/CALLOUT
DATUM POINT
ELEVATION
SLAB STEP
DRAFTING SYMBOLS
ARCHITECT STEPHEN DALTON ARCHITECTS
444 S CEDROS AVE, STUDIO 190
SOLANA BEACH, CA 92075
858.792.5906
CIVIL/SURVEY PASCO LARET SUITER & ASSOCIATES
811 25TH STREET, STE 101
SAN DIEGO, CA 92102
858.259.4812
STRUCTURAL HTK STRUCTURAL ENGINEERS
14288 DANIELSON STREET, SUITE 200
POWAY, CA
858.679.8989
MEP H+W ENGINEERING, INC.
1810 GILLESPIE WAY, SUITE 207
EL CAJON, CA 92020
619-659-8234
LANDSCAPE form / work LANDSCAPE ARCHITECTURE
2585 UNIVERISTY AVE
SAN DIEGO, CA 92104
619-269-4423
FIRE PROTECTION SYMONS FIRE PROTECTION
12155 PAINE PLACE
POWAY, CA 92064
619-588-6364
SOLAR HES SOLAR
9085 AERO DRIVE, SUITE A
SAN DIEGO, CA 92123
619-692-2015
PROJECT TEAM
- NEW CONSTRUCTION OF MULTIFAMILY HOUSING
CONSISTING OF 3 BUILDINGS FOR A TOTAL OF 48 UNITS,
NEW PARKING LOT, AND ASSOCIATED LANDSCAPE
IMPROVEMENTS.
SCOPE OF WORK
VICINITY MAP
GENERAL
A001 TITLE SHEET
A002 GENERAL NOTES
A003 BUILDING AREA ANALYSIS
A003 EGRESS ANALYSIS
A004 EGRESS ANALYSIS
A005 FIRE RATING EXHIBIT
A006 FIRE RATING EXHIBIT
CIVIL FOR REFERENCE ONLY
C001 CIVIL TITLE SHEET
C002 GENERAL NOTES
C003 PRECISE GRADING PLAN
C004 STREET IMPROVEMENTS
C005 RETAINING WALL SITE PLAN
C006 SECTIONS & DETAILS
C007 SECTIONS
C008 EROSION CONTROL PLAN
C009 NOTES/RETAINING WALL REQ'MTS
C010 DETAILS
C011 DETAILS
ARCHITECTURAL
A101 ARCHITECTURAL SITE PLAN
AA201 BUILDING 1 1ST & 2ND FLOOR PLANS
AA202 BUILDING 1 3RD FLOOR AND ROOF PLANS
AA203 BUILDING 1 SLAB PLAN
AA301 BUILDING 1 EXTERIOR ELEVATIONS
AA401 BUILDING 1 SECTIONS
AB201 BUILDING 2 FIRST & SECOND FLOOR PLANS
AB202 BUILDING 2 THIRD & ROOF PLAN
AB203 BUILDING 2 SLAB PLAN
AB301 BUILDING 2 EXTERIOR ELEVATIONS
AC201 BUILDING 3 FIRST & SECOND FLOOR PLANS
AC202 BUILDING 3 THIRD & ROOF PLAN
AC203 BUILDING 3 SLAB PLAN
AC301 BUILDING 3 EXTERIOR ELEVATIONS
AC302 BUILDING 3 EXTERIOR ELEVATIONS
AC401 BUILDING 3 SECTIONS
AD201 LEASING OFFICE PLANS
AD301 LEASING OFFICE ELEVATIONS
A501 SCHEDULES
A601 UNIT PLANS
A602 UNIT PLANS
A603 UNIT PLANS
A604 UNIT PLANS
A605 UNIT PLANS
A606 UNIT PLANS
A607 BUILDING 1 STAIR PLANS
A608 BUILDING 2 STAIR PLANS
A609 BUILDING 3 STAIR PLANS
A610 BUILDING 3 STAIR PLANS
A701 INTERIOR ELEVATIONS
A702 INTERIOR ELEVATIONS
A703 INTERIOR ELEVATIONS
A801 DETAILS
A802 DETAILS
A803 DETAILS
A804 DETAILS
A805 DETAILS
A806 DETAILS
A807 DETAILS
A808 DETAILS
A809 DETAILS
A810 DETAILS
A811 DETAILS
A812 DETAILS
A813 DETAILS
SHEET INDEX
STRUCTURAL
S001 STRUCTURAL TITLE SHEET
S002 STANDARD DETAILS
S003 STRUCTURAL SCHEDULES
S004 STANDARD DETAILS
S111 FOUNDATION PLAN BLDG 1
S112 SECOND FLOOR FRAMING BLDG 1
S113 THIRD FLOOR FRAMING BLDG 1
S114 ROOF FRAMING BLDG 1
S121 FOUNDATION PLAN BLDG 2
S122 SECOND FLOOR FRAMING BLDG 2
S123 THIRD FLOOR FRAMING BLDG 2
S124 ROOF FRAMING BLDG 2
S131 FOUNDATION PLAN BLDG 3
S132 SECOND FLOOR FRAMING BLDG 3
S133 THIRD FLOOR FRAMING BLDG 3
S134 ROOF FRAMING BLDG 3
S201 DETAILS
S211 DETAILS
S212 DETAILS
S213 DETAILS
S221 DETAILS
S231 DETAILS
S233 DETAILS
S232 DETAILS
WSWH1 STRONGWALL SCHEDULES
WSWH1.1 STRONGWALL DETAILS
WSWH2 STRONGWALL DETAILS
MECHANICAL
M001 MECHANICAL LEGEND, NOTES
M002 MECHANICAL EQUIPMENT SCHEDULES
M003 MECHANICAL EQUIPMENT SCHEDULES
M004 MECHANICAL EQUIPMENT SCHEDULES
M005 MECHANICAL TITLE 24
M006 MECHANICAL TITLE 24
M007 MECHANICAL TITLE 24
M008 MECHANICAL TITLE 24
M100 MECHANICAL OVERALL FLOOR PLAN
M201 MECHANICAL FLOOR PLANS BUILDING 1
M202 MECHANICAL FLOOR PLANS BUILDING 1
M203 MECHANICAL FLOOR PLANS BUILDING 2
M204 MECHANICAL FLOOR PLANS BUILDING 3
M205 MECHANICAL FLOOR PLANS BUILDING 3
M301 MECHANICAL ZONE PLANS BUILDING 1
M302 MECHANICAL ZONE PLANS BUILDING 2
M303 MECHANICAL ZONE PLANS BUILDING 3
M304 MECHANICAL ZONE PLANS BUILDING 3
M305 MECHANICAL ZONE PLAN - LEASING OFFICE
M401 MECHANICAL DETAILS
M501 MECHANICAL SPECIFICATIONS
PLUMBING
P001 PLUMBING LEGEND AND GENERAL NOTES
P002 PLUMBING NOTES & SCHEDULES
P003 PLUMBING NOTES & SCHEDULES
P004 PLUMBING WASTE & VENT DIAGRAM BLDG 1
P005 PLUMBING WASTE & VENT DIAGRAM BLDG 1
P006 PLUMBING WASTE & VENT DIAGRAM BLDG 2
P007 PLUMBING WASTE & VENT DIAGRAM BLDG 2
P008 PLUMBING WASTE & VENT DIAGRAM BLDG 3
P009 PLUMBING WASTE & VENT DIAGRAM BLDG 3
P100 PLUMBING OVERALL FLOOR PLAN
P201 PLUMBING WASTE & VENT PLANS BUILDING 1
P202 PLUMBING WASTE & VENT PLANS BUILDING 1
P203 PLUMBING DOMESTIC WATER PLANS BLDG 1
P204 PLUMBING DOMESTIC WATER PLANS BLDG 1
P205 PLUMBING WASTE & VENT PLANS BLDG 2
P206 PLUMBING DOMESTIC WATER PLANS BLDG 2
P207 PLUMBING WASTE & VENT PLANS BUILDING 3
P208 PLUMBING WASTE & VENT PLANS BUILDING 3
P209 PLUMBING DOMESTIC WATER PLANS BLDG 3
P210 PLUMBING DOMESTIC WATER PLANS BLDG 3
P211 PLUMBING FLOOR PLANS - LEASING OFFICE
P212 PLUMBING CONDENSATE DRAIN BLDG 1
P213 PLUMBING CONDENSATE DRAIN BLDG 1
P214 PLUMBING CONDENSATE DRAIN BLDG 2
P215 PLUMBING CONDENSATE DRAIN BLDG 3
P401 PLUMBING DETAILS
P402 PLUMBING DETAILS
P403 PLUMBING DETAILS
P501 PLUMBING SPECIFICATIONS
LANDSCAPE
L000 LANDSCAPE TITLE SHEET
L100 LANDSCAPE CONSTRUCTION PLAN
L190 LANDSCAPE CONSTRUCTION DETAILS
L191 LANDSCAPE CONSTRUCTION DETAILS
L200 LANDSCAPE IRRIGATION PLAN
L290 LANDSCAPE IRRIGATION DETAILS
L291 LANDSCAPE IRRIGATION DETAILS
L292 LANDSCAPE IRRIGATION DETAILS
L300 LANDSCAPE PLANTING PLAN
L390 LANDSCAPE PLANTING DETAILS
ELECTRICAL
E001 ELECTRICAL NOTES SHEET
E002 LIGHT FIXTURE SCHEDULE & DETAILS
E003 LIGHTING CONTROL DIAGRAMS
E004 INDOOR TITLE 24
E005 OUTDOOR TITLE 24
E006 SOLAR TITLE 24
E100 POWER SITE PLAN
E101 PV SITE PLAN
E102 EV SITE PLAN
E103 TELECOM SITE PLAN
E104 LIGHTING SITE PLAN
E105 LIGHTING SITE PHOTOMETRICS
E106 EGRESS LIGHTING SITE PHOTOMETRICS
E201 FIRST FLOOR LIGHTING PLAN
E202 SECOND & THIRD FLOOR LIGHTING PLAN
E203 ROOF OVERALL PLAN
ELECTRICAL CONT.
E301 ENLARGED POWER PLANS
E302 ENLARGED UNIT PLANS
E303 ENLARGED UNIT PLANS
E304 ENLARGED UNIT PLANS
E305 ENLARGED UNIT PLANS
E306 ENLARGED UNIT PLANS
E307 ENLARGED UNIT PLANS
E308 ENLARGED STAIR PLANS
E309 ENLARGED STAIR PLANS
E310 ENLARGED STAIR PLANS
E311 ENLARGED STAIR PLANS
E312 ENLARGED STAIR PLANS
E401 SINGLE LINE DIAGRAM
E402 TELECOM RISER DIAGRAM
E403 PANEL SCHEDULES
P404 PANEL SCHEDULES
P405 PANEL SCHEDULES
P406 PANEL SCHEDULES
P407 PANEL SCHEDULES
P408 FAULT CURRENT AND VOLTAGE DROP
E501 ELECTRICAL DETAILS
E502 ELECTRICAL DETAILS
E503 ELECTRICAL DETAILS
E601 ELECTRICAL SPECIFICATIONS
E602 ELECTRICAL SPECIFICATIONS
1. METAL STAIRS
2. FIRE SPRINKLERS
3. FIRE UNDERGROUND
4. FIRE ALARM
5. EMERGENCY RESPONDER RADIO COVERAGE SYSTEM
6. SOLAR ELECTRICAL PV SYSTEM
SUBMITTAL DOCUMENTS FOR DEFERRED SUBMITTAL ITEMS
SHALL BE SUBMITTED TO THE ARCHITECT OR ENGINEER OF
RECORD, WHO SHALL REVIEW AND FORWARD THEM TO THE
BUILDING OFFICIAL WITH A NOTATION INDICATING THAT THE
DEFERRED SUBMITTAL DOCUMENTS HAVE BEEN REVIEWED
AND THAT THEY HAVE BEEN FOUND TO BE IN GENERAL
CONFORMANCE WITH THE DESIGN OFTHE BUILDING. THE
DEFERRED SUBMITTAL ITEMS SHALL NOT BE INSTALLED
UNTIL THEIR DESIGN AND SUBMITTAL DOCUMENTS HAVE
BEEN APPROVED BY THE BUILDING OFFICIAL.
DEFERRED SUBMITTALS
SPECIAL INSPECTIONS
1. SEE STRUCTURAL PLANS FOR SPECIAL INSPECTIONS.
UNIT TABULATION
STORAGE STG TOTAL
S1 4 46 CF 184 CF 354 SF 1,416 SF
SUB-TOTAL 4 184 CF 1,416 SF
A1 4 56 CF 224 CF 514 SF 2,056 SF
A2.1 1 118 CF 118 CF 611 SF 611 SF
A2.2 2 118 CF 236 CF 628 SF 1,256 SF
A2.3 4 118 CF 472 CF 633 SF 2,532 SF
A3.1 2 55 CF 110 CF 651 SF 1,302 SF
A3.2 (1&2) 4 55 CF 220 CF 651 SF 2,604 SF
A3.2 (3) 6 55 CF 330 CF 629 SF 3,774 SF
A4.1 2 61 CF 122 CF 661 SF 1,322 SF
A4.2 4 61 CF 244 CF 661 SF 2,644 SF
SUB-TOTAL 29 2076 CF 18,101 SF
B1.1 2 112 CF 224 CF 902 SF 1,804 SF
B1.2 6 110 CF 660 CF 917 SF 5,502 SF
B2.1 1 134 CF 134 CF 944 SF 944 SF
B2.2 4 134 CF 536 CF 962 SF 3,848 SF
B2.3 2 134 CF 268 CF 944 SF 1,888 SF
SUB-TOTAL 15 1822 CF 13,986 SF
TOTAL DU 48 4082 CF 33,503 SF
AVERAGE UNIT SIZE: 698 SF
BUILDING AREA
GROSS FLOOR AREA
APARTMENTS (NRSF) 33,503 SF
LEASING 326 SF
TRASH 217 SF
UTILITY CLOSETS 754 SF
SUB-TOTAL 34,800 SF
EFFICIENCY 96.27%
CARPORTS 2,486 SF
STAIRS BLDG 1 & 2
470 SF + 132 602 SF
STAIRS BLDG 3 438 SF + 132 570 SF
EXTERIOR BALCONIES 3,285 SF
4,457 SF
8%
60%
31%
STUDIO
1 BR
2 BR
DEVELOPMENT SUMMARY DD
KIRE 8TH STREET 3/21/2023
PROJECT INFORMATION
ADDRESS: 2039 E 8th STREET APN (SF) ACRES
NATIONAL CITY, CA 91950
5-571-40-25 42,689 SF .98 AC
DEVELOPMENT REGULATIONS
BASE ZONE MXC-1
BASE DENSITY
48 DU / AC F.A.R. SINGLE USE 1.0 42,689 SF
MIX USE 2.0 85,378 SF
STREET WALL MIN: 75%
MAX: 100% F.A.R. MIN FOR MIXED USE
COM. 10%
MAX HEIGHT 3-STORIES 50 FT RES. 20%
MAX HEIGHT ADJ TO RES 35 FT OPEN SPACE
(WITHIN 50 FT OF PL) MIN AREA 300 SF/DU
MIN DIM 20 FT
SETBACKS
FRONT STD: 0 FT PRIVATE OPEN SPACE
MAX: 15 FT SUB. FOR COMMON 100 SF/DU
1:2 RATIO (PRIVATE : COMMON)
SIDE MIN: 0 FT
ADJ RES 5 FT STORAGE 1 BR 150 CF
2 BR 200 CF
REAR MIN: 0 FT
LANDSCAPE
3rd FLR STEPBACKS: MIN: 8 FT MIN 20% OF NET SITE AREA
ADJ RES. 15 FT
STREET WALL 75%
SUPPLEMENTAL RESIDENTIAL REGULATIONS
PRIVATE OPEN SPACE
REQUIRED
1 BR / 0 BR 33 DU x 60 SF 1,980 SF
2 BR 15 DU x 72 SF 1,080 SF
3,060 SF
PROPOSED:
S1 60 SF X 3 180 SF
A1 62 SF X 2 124 SF
A2.1 73 SF X 1 73 SF
A2.2 79 SF X 2 158 SF
A2.3 75 SF X 4 300 SF
A3.1 92 SF X 2 184 SF
A3.2 (1&2) 91 SF X 4 364 SF
A3.2 (3) 92 SF X 6 552 SF
A4.1 55 SF X 2 110 SF
A4.2 55 SF X 4 220 SF
B1.1 68 SF X 2 136 SF
B1.2 68 SF X 6 408 SF
B2.1 68 SF X 1 68 SF
B2.2 68 SF X 4 272 SF
B2.3 68 SF X 2 136 SF
TOTAL 3,285 SF
COMMON OPEN SPACE INCENTIVE
REQUIRED: 48 DU x 300 SF PER DU 14,400 SF
PROPOSED:
OPEN SPACE 1,342 SF
PRIVATE (1:2 > 60 SF) 615 SF
TOTAL 1,957 SF
STORAGE WAIVER
REQUIRED 1 BR / 0 BR 33 DU x 150 CF 4950 CF
2 BR
15 DU x 200 CF 3000 CF
7950 CF
PROPOSED 4082 CF
LANDSCAPE WAIVER
REQUIRED 42,689 SF x 20% 8,538 SF
PROPOSED 18%
7,678 SF
STREET WALL WAIVER
REQUIRED 7th ST 75% x 166 SF 125 SF
8th ST
75% x 166 SF 125 SF
249 SF
PROPOSED 7th 77% x 166 SF 127 SF
8th 42% x 166 SF 69 SF
COMBINED 59% 332 SF 196 SF
SUPPLEMENTAL RESIDENTIAL REGULATIONS
PRIVATE OPEN SPACE
REQUIRED
1 BR / 0 BR 33 DU x 60 SF 1,980 SF
2 BR 15 DU x 72 SF 1,080 SF
3,060 SF
PROPOSED:
S1 60 SF X 3 180 SF
A1 62 SF X 2 124 SF
A2.1 73 SF X 1 73 SF
A2.2 79 SF X 2 158 SF
A2.3 75 SF X 4 300 SF
A3.1 92 SF X 2 184 SF
A3.2 (1&2) 91 SF X 4 364 SF
A3.2 (3) 92 SF X 6 552 SF
A4.1 55 SF X 2 110 SF
A4.2 55 SF X 4 220 SF
B1.1 68 SF X 2 136 SF
B1.2 68 SF X 6 408 SF
B2.1 68 SF X 1 68 SF
B2.2 68 SF X 4 272 SF
B2.3 68 SF X 2 136 SF
TOTAL 3,285 SF
COMMON OPEN SPACE INCENTIVE
REQUIRED: 48 DU x 300 SF PER DU 14,400 SF
PROPOSED:
OPEN SPACE 1,342 SF
PRIVATE (1:2 > 60 SF) 615 SF
TOTAL 1,957 SF
STORAGE WAIVER
REQUIRED 1 BR / 0 BR 33 DU x 150 CF 4950 CF
2 BR
15 DU x 200 CF 3000 CF
7950 CF
PROPOSED 4082 CF
LANDSCAPE WAIVER
REQUIRED 42,689 SF x 20% 8,538 SF
PROPOSED 18%
7,678 SF
STREET WALL WAIVER
REQUIRED 7th ST 75% x 166 SF 125 SF
8th ST
75% x 166 SF 125 SF
249 SF
PROPOSED 7th 77% x 166 SF 127 SF
8th 42% x 166 SF 69 SF
COMBINED 59% 332 SF 196 SF
SUPPLEMENTAL RESIDENTIAL REGULATIONS
PRIVATE OPEN SPACE
REQUIRED
1 BR / 0 BR 33 DU x 60 SF 1,980 SF
2 BR 15 DU x 72 SF 1,080 SF
3,060 SF
PROPOSED:
S1 60 SF X 3 180 SF
A1 62 SF X 2 124 SF
A2.1 73 SF X 1 73 SF
A2.2 79 SF X 2 158 SF
A2.3 75 SF X 4 300 SF
A3.1 92 SF X 2 184 SF
A3.2 (1&2) 91 SF X 4 364 SF
A3.2 (3) 92 SF X 6 552 SF
A4.1 55 SF X 2 110 SF
A4.2 55 SF X 4 220 SF
B1.1 68 SF X 2 136 SF
B1.2 68 SF X 6 408 SF
B2.1 68 SF X 1 68 SF
B2.2 68 SF X 4 272 SF
B2.3 68 SF X 2 136 SF
TOTAL 3,285 SF
COMMON OPEN SPACE INCENTIVE
REQUIRED: 48 DU x 300 SF PER DU 14,400 SF
PROPOSED:
OPEN SPACE 1,342 SF
PRIVATE (1:2 > 60 SF) 615 SF
TOTAL 1,957 SF
STORAGE WAIVER
REQUIRED 1 BR / 0 BR 33 DU x 150 CF 4950 CF
2 BR
15 DU x 200 CF 3000 CF
7950 CF
PROPOSED 4082 CF
LANDSCAPE WAIVER
REQUIRED 42,689 SF x 20% 8,538 SF
PROPOSED 18%
7,678 SF
STREET WALL WAIVER
REQUIRED 7th ST 75% x 166 SF 125 SF
8th ST
75% x 166 SF 125 SF
249 SF
PROPOSED 7th 77% x 166 SF 127 SF
8th 42% x 166 SF 69 SF
COMBINED 59% 332 SF 196 SF
DENSITY
BASE DENSITY
.98 AC
X 48 DU / AC 47.04 48 DU
SET ASIDE PER DENSITY BONUS
VERY LOW 5.0% x 48 DU 2.4 DU 3 DU
DENSITY BONUS
VERY LOW 20% x 48 DU 9.6 DU 10 DU
TOTAL W/ DENSITY BONUS 58 DU
INCENTIVES
AVAILABLE: 1
PROPOSED:
1 OPEN SPACE
WAIVERS: PARKING STALL DIM ADJ TO COLUMN
UNLIMITED STORAGE
THIRD STORY STEP BACK
STREET WALL
LANDSCAPE
DEVELOPMENT SUMMARY
ADDITIONAL LANDSCAPE REQUIREMENTS
1. PARKING LOT TREES
THERE ARE 46 UNCOVERED PARKING SPACES IN THE PROJECT. 7 PARKING LOT TREES ARE REQUIRED. 5 TREES ARE REQUIRED TO BE WITHIN THE PARKING LOT ENVELOPE.
LANDSCAPE
DENSITY BONUS:
THE PROJECT IS PROPOSING 3 AFFORDABLE (VERY LOW INCOME) SET ASIDE UNITS.
INCENTIVES:
THE PROJECT IS PROPOSING TO USE (1) INCENTIVE TO MEET THE PULBIC AND PRIVATE OPEN SPACE REQUIREMENT.
WAIVERS:
THIS PROJECT IS PROPOSING 48 DWELLING UNITS ON A SMALL SITE, STRECHING BETWEEN 7TH AND 8TH STREETS. THE FIRE DEPARTMENT REQUIRES DRIVE ENTRANCES FROM BOTH 7TH AND 8TH STREETS. DUE TO THE SMALL SIZE AND DRIVEWAY
ACCESS REQUIRED, THE FOLLOWING DEVELOPMENT REGULATIONS ARE DIFFICULT TO MEET FOR THE PROJECT TO BE ECONOMICALLY FEASIBLE:
1. STORAGE - INCREASING THE AMOUNT OF STORAGE FOR EACH UNIT WOULD DECREASE THE NUMBER OF UNITS AND THE PROJECT WOULD NOT BE ECONOMICALLY FEASIBLE.
2. PARKING STALL DIMENSIONS ADJACENT TO COLUMNS - AN ADDITIONAL TWO FEET ADDED TO EACH PARKING STALL ADJACENT TO A COLUMN WOULD DECREASE THE NUMBER OF PARKING SPACES. THE SITE IS CURRENTLY AT THE MAXIMUM NUMBER OF PARKING SPACES THAT WILL FIT ON THE SITE. COLUMNS WILL NOT AFFECT DOOR SWING OPERATION.
3. 3RD FLOOR STEPBACK - STEPING BACK THE 3RD FLOOR WOULD DECREASE THE NUMBER OF UNITS AND THE PROJECT WOULD NOT BE ECONOMICALLY FEASIBLE.
4. STREET WALL - IN ORDER TO PROVIDE AT LEAST (1) PARKING ACCESS TO THE SITE AND A 2ND FOR FIRE ACCESS AS REQUIRED BY THE AHJ, THE PROJECT IS NOT ABLE TO MEET THE STREET WALL REQUIREMENT..
5. LANDSCAPE - THE SMALL SITE, REQUIRED PARKING AND DRIVE AISLES, INHIBIT THE TOTAL LANDSCAPED AREA TO REACH 20% REQUIRED.
WAIVERS
PARKING (MINIMUM REQUIREMENTS)
RATIO # RATIO # RATIO #
STUDIO 4 DU 1 4 2.5% 0.1 0.1 0.40
1 BR 29 DU 1 29 2.5% 0.725 0.1 2.90
2 BR 15 DU 1.5 22.5 2.5% 0.5625 0.1 2.25
SUBTOTAL 55.5 1.39 5.55
COMMERCIAL 1/200SF OFFICE 2
TOTAL 58* 1 6
58 *CARS TO BE REPLACED BY MOTORCYCLE
2.5% OF REQUIRED PARKING 2 2
TOTAL REQUIRED 56 3 6
ACCESSIBLE PARKING REQUIREMENTS:
ACCESSIBLE PARKING 2% 2
ACCESSIBLE VAN PARKING
1:8 OF REQ'D ACCESSIBLE PARKING 1
EV PARKING REQUIREMENTS:
INSTALLED 5% 3
CAPABLE 10% 6
READY 25% 14
SUBTOTAL 23
PROPOSED
SURFACE 46
CARPORT 10
TOTAL PROPOSED 56 3 6
ACCESSIBLE PARKING:
ACCESSIBLE CAR PARKING: 2
ACCESSIBLE VAN PARKING 1
SUBTOTAL 3
EV PARKING:
INSTALLED 3
CAPABLE 6
READY 14
SUBTOTAL 23
ASSIGNED 0
ON-STREET 11
1:10 may be compact for residential use per 18.45.090E2 parking spaces in excess of required may be compact per 18.45.090E3 required parking is rounded to the nearest whole number 18.45.050 accessible parking spaces in accordance to CBC 1109A.3
BIKESQNTY CARS MOTORCYCLES
2 PARKING (MINIMUM REQUIREMENTS)
RATIO # RATIO # RATIO #
STUDIO 4 DU 1 4 2.5% 0.1 0.1 0.40
1 BR 29 DU 1 29 2.5% 0.725 0.1 2.90
2 BR 15 DU 1.5 22.5 2.5% 0.5625 0.1 2.25
SUBTOTAL 55.5 1.39 5.55
COMMERCIAL 0.005 1.6
CARS TO BE REPLACED BY MOTORCYCLE
2.5% OF REQD PARKING 1.3875 1
TOTAL REQUIRED 56.0 2.39 5.55
REQD ACCESSIBLE PARKING 0.02 1.1
ACCESSIBLE VAN PARKING
1:8 OF REQD ACC PARKING 0.1
PROPOSED
SURFACE 46
CARPORT 10
TOTAL PROPOSED 56 3 6
ACCESSIBLE PARKING 3
ACCESSIBLE VAN PARKING 1
ON-STREET 11
*1:10 may be compact for residential use per 18.45.090E2 **parking spaces in excess of required may be compact per 18.45.090E3 ***accessible parking spaces in accordance to CBC 1109A.3
BIKESQNTY CARS MOTORCYCLES
2 PROJECT
LOCATION
8th Street
2039 8th Street, National City, CA, 91950
THIS PROJEC SHALL COMPLY WITH THE 2022 CALIFORNIA
BUILDING CODE, WHICH ADOPTS THE 2021 IBC, 2021 UMC,
2021 UPC AND THE 2020 NEC
stamp
sheet
date
job no. project title
6 5
4 2
1 3
7 8
9 10
11 12
6 5
4 2
1 3
7 8
9 10
11 12
A B C D E F G H J K L M N P Q R S
A B C D E F G H J K L M N P Q R S
KIRE 8th ST
2039 EAST 8TH STREET, NATIONAL CITY CA 91950
2208
sheet
9 ARCHITECTURAL SITE PLAN
A101
Stephen Dalton Architects
444 S. CEDROS. STUDIO 190
SOLANA BEACH. CA 92075
t: 858.792.5906 / f: 858.792.5916
LICENSED ARCHITECT
TEPHEN E. DALTO
TE OF CAL I FOR01/31/25
6/28/2023
CITY SUBMITTAL 01
9/8/2023
CITY SUBMITTAL 02
LICENSED ARCHITECT
TEPHEN E. DALTO
TE OF CAL I FOR01/31/25
11/6/23
CITY SUBMITTAL 03
SITE PLAN LEGEND
PROPOSED BUILDING FOOTPRINT
HARDSCAPE: CONCRETE
LANDSCAPE
BIO RETENTION BASIN
PERMEABLE PAVERS
ALL PROPERTY LINES, EASEMENTS AND
BUILDINGS, EXISTING AND PROPOSED,
ARE SHOWN ON THIS SITE PLAN
16'-0" 26'-0" 18'-0"
18'-0" 27'-0"
5'-5" 20'-0"
3'-0"
5'-0"
9'-0"
TYP.
18'-0"
TYP.
9'-0"
18'-0"
18'-0"
2'-0"
±8'-0"
CURB
TO PL
±29'-6"
CURB TO CL
±20'-0"
CURB TO CL
±10'-0"
CURB
TO PL
10'-7"
13'-0"
4'-0"
6'-0"
3'-0"
9'-0"
TYP.
18'-0" TYP.
8'-0"
2'-0" 3'-0"
3'-0" 2'-0"
R 28'-0"
PL
IRRIGATION METER
01.03 01.04
01.10 01.11
02.01 05.09
23.01 32.02
32.03 32.04
32.10 32.11
32.14 32.15
32.17 32.18
32.19 32.23
33.01 33.03
33.05 33.06
33.08 33.09
33.10 36.02
01.06 05.01
32.06 32.07
33.04 32.07
32.15 32.26
8TH STREET
7TH STREET
165.05' (N72° 05' 02" E)
260.95' (N17° 44' 08" W)
165.00' (N72° 05' 53" E)
260.99' (N17° 45' 32" W)
WH
EV
EV
EV
N0 10' 20' 40'
8'-0"
1'-6"
6'-0"
33.11 32.08
33.11 32.26
33.11 23.01
BUILDING 1
BUILDING 2
LEASING
TRASH
1 2 3 5 6 7 84 14
17 18 20 21 22 2319
15131211109
24 27 2629 2832 31 3034 33
37 36 353839404144 43 424546474851 50 495253545556
M
DS
DSDS
DS
DS
DS DS
DS
DSDS
DS
DS
DS
DS
FFE: 77.3
PAD: 76.6
FFE: 77.2
PAD: 76.5
FFE: 77.2
FFE: 76.5
PAD: 75.8
C C C
ELEC
16 BUILDING 3
FR
MM
C
C C
FFE: 76.5
PAD: 75.8
FFE: 76.5
PAD: 75.8
FFE: 76.5
PAD: 75.8
1 2
3 4
5 6
7 8
9 10
11 FFE: 76.0
C
PUMP
RM
KEYNOTES - SITE PLAN
01.03 EASEMENT LINE
01.04 PROPERTY LINE
01.05 SETBACK LINE
01.06 LINE OF WALL / FLOOR ABOVE
01.10 LINE OF ROOF EDGE
01.11 LINE OF TRELLIS ABOVE
01.15 LINE OF OPENING ABOVE
01.16 REFER TO BUILDING PLANS/ELEVATIONS FOR UNIT
SPECIFIC EXTERIOR WALL CONDITION & TYPE
02.01 EXISTING POWER POLE
05.01 METAL COLUMN: REF. STRUCTURAL DWGS
05.03 HANDRAIL
05.04 METAL FENCE: REF. LANDSCAPE DWGS
05.07 GUARDRAIL : METAL TUBE STEEL FRAME W/ RAILING WIRE MESH, McNICHOLS 2"x2" SQUARE
11.02 BIKE RACK
21.01 RECESSED FIRE EXTINGUISHER: REF. DETAIL 3 / A803
23.01 MECH CONDENSER UNIT: REF. MECHANICAL DWGS
32.01 EXT. HARDSCAPE: REF. CIVIL DWGS
32.02 4" PARKING STRIPING, ACCESSIBLE, BLUE, 4/A813
32.03 ACCESSIBLE LOADING AISLE
32.04 ACCESSIBLE VAN PARKING SPACE, 4 & 13/A813
32.05 LANDSCAPE PLANTER: REF. LANDSCAPE DWGS
32.06 STREET TREE: REF. LANDSCAPE DWGS
32.07 BIO-FILTER PLANTER/BMP AREA: REF. CIVIL DWGS
32.08 BICYCLE PARKING
32.09 WHEELSTOP: REF. DETAIL
32.10 INTERNATIONAL SYMBOL OF ACCESSIBILITY (ISA)
32.11 USPS/ADA COMPLIANT MAILBOXES
32.12 RETAINING WALL: REF CIVIL DWGS
32.13 KNOX BOX: FIRE DEPARTMENT ACCESS
32.14 2x2 TREE GRATE: REF. LANDSCAPE DWGS
32.15 VEHICLE GATE :PROVIDE KNOX KEYSWITCH OVERRIDE TO BE
INSTALLED NEXT TO VEHICLE ENTRY ON THE EXTERIOR
32.16 TRASH/RECYCLE BINS
32.17 MOTORCYCLE SPACE: 3’-0” WIDE x 8’-0” LONG
32.18 2’-0” VEHICLE OVERHANG
32.19 PARCEL LOCKERS
32.20 ELECTRIC VEHICLE CHARGING STATION
32:21 ELECTRIC VEHIVLE S PROVIDE SIGNAGE AND STRIPPING
32.22 TURNAROUND SPACE
32.23 PEDESTRIAN GATE
32.24 STEEL SECURITY ENCLOSURE WITH GATE
32.26 DETECTABLE WARNING SIGNS TO COMPLY WITH SECTION
11B-705
33.01 SIDEWALK
33.02 FDC AND CHECK VALVE
33.03 EDGE OF CURB
33.04 FIRE BACKFLOW PREVENTER: REF. CIVIL DWGS
33.05 DOMESTIC WATER BACKFLOW PREVENTER: REF. CIVIL
DWGS
33.06 TRANSFORMER
33.07 DRAIN: REF. PLUMBING DWGS
33.08 FIRE RISER CLOSET
33.09 WATER HEATER CLOSET
33.10 ELECTRICAL CLOSET: REF. ELEC DWGS
33.11 MPOE CLOSET
36.02 PROPOSED BATTERY LOCATION
36.03 EV CHARER, ALLEVSE WHEN INSTALLED SHALL COMPLY WITH
THE ACCESSIBILIY PROVISIONS FOR EV CHARGERS IN CBC
11B.
NOTE: NOT ALL KEYNOTES LISTED ABOVE ARE REF'D IN
THE DRAWINGS. DISREGARD UNUSED KEYNOTES.
1. ALL PROPERTY LINES, EASEMENTS AND BUILDINGS,
EXISTING AND PROPOSED, ARE SHOWN ON THIS SITE
PLAN.
GENERAL NOTES
SCALE: 1" = 20'1 SITE PLAN
stamp
sheet
date
job no. project title
6 5
4 2
1 3
7 8
9 10
11 12
6 5
4 2
1 3
7 8
9 10
11 12
A B C D E F G H J K L M N P Q R S
A B C D E F G H J K L M N P Q R S
KIRE 8th ST
2039 EAST 8TH STREET, NATIONAL CITY CA 91950
2208
sheet
9 BUILDING 1 FLOOR PLANS
AA201
Stephen Dalton Architects
444 S. CEDROS. STUDIO 190
SOLANA BEACH. CA 92075
t: 858.792.5906 / f: 858.792.5916
LICENSED ARCHITECT
TEPHEN E. DALT
TE OF CAL I FOR01/31/25
6/28/2023
CITY SUBMITTAL 01
9/8/2023
CITY SUBMITTAL 02
LICENSED ARCHITECT
TEPHEN E. DALT
TE OF CAL I FOR01/31/25
11/6/23
CITY SUBMITTAL 03
AD
AD
AC
AC
AB
AB
AA
AA
AE
AE
W/D
RF DW
RF
DW
W/D
P
W/D
RF
DW
W/D
W/D
RF DW
RF DW
RF DW
W/D
RF DW
W/D
RF DW
25'-0" 29'-0"
54'-0"
2'-3" 15'-9"
72'-7"
54'-0"
2'-0"
3'-7" 14'-2" 43'-6" 11'-4"
3'-7" 28'-9" 40'-3"
2'-8" 5'-2" 5'-10"
4'-3"
4'-0" 6'-8" 3'-0" 15'-4"
105 104 103
32.25 32.25
33.11 01.06
106
110
WH
WH
WH
WH
WH
UNIT
S1
111
UNIT
S1
112
UNIT
A3.1
113
UNIT
B1.1
114
UNIT
A1.2
115
UNIT
A1
WH WH
MPOE
1 A601
1 A601
2 A601
2 A601
1 A605
2 A603
1 A601
1 A601
1 A607
1 AA401
1 AA401
3 AA401
3 AA401
3 AA301
2 AA301
4 AA301
N
0 4' 8' 16'
25'-0" 14'-7" 14'-5"
18'-0" 17'-5"
69'-0"
35'-5"
01.06 01.15
09.02 33.09
33.0833.10
05.03 05.06
05.07 23.01
21.01 A2 A2
A3 A3
A5 A5
A5 A5
A4 A4
A1 A1
A7 A7
2 AA401
2 AA401
4 AA401
4 AA401
1 AA301
KEYNOTES - FLOOR PLANS
01.01 ALIGN
01.02 OPEN TO BELOW / BEYOND
01.04 PROPERTY LINE
01.05 SETBACK LINE
01.06 LINE OF WALL / FLOOR ABOVE
01.07 LINE OF CEILING
01.08 LINE OF WALL BELOW
01.09 LINE OF DECK BELOW
01.14 SOFFIT: REF. PLANS
01.15 LINE OF OPENING ABOVE
03.04 RAMP LANDING CLEARSPACE
03.05 CONCRETE CURB, 6” ABOVE HIGHEST ADJACENT SURFACE
04.01 CMU WALL, REF. STRUCTURAL
04.02 SCREEN BLOCK, REF. LANDSCAPE
05.01 METAL COLUMN: REF. STRUCTURAL DWGS
05.03 HANDRAIL
05.04 METAL FENCE: REF. LANDSCAPE DWGS
05.05 TRELLIS
05.06 METAL STAIR STRINGER/RISERS/TREADS, EXTERIOR EXIT STAIRS
05.07 GUARDRAIL: METAL TUBE STEEL FRAME W/RAILING WIRE MESH, McNICHOLS 2”X2” SQUARE
06.02 2x FURRING
06.03 FLOOR / ROOF FRAMING: REF. STRUCTURAL DWGS
06.04 FRAMED WALL: REF. STRUCTURAL DWGS
06.11 CASEWORK
06.15 LINE OF CASEWORK ABOVE
07.04 SLOPE DECK TO EXTERIOR, 1/4 : 12 MIN.
08.01 ATTIC ACCESS PANEL, 20" X 30" MIN, 1 HR FIRE RATED, PFI-DRY BY CENDREX OR EQUAL.
09.02 FINISH PER ELEVATIONS
10.04 30" x 48" CLEARSPACE, PARALLEL OR PERPENDICULAR
ORIENTATION PER FIXTURE/APPLIANCE, TYP.
11.01 UNDERCOUNTER REFRIGERATOR
21.01 RECESSED FIRE EXTINGUISHER, INSTALL PER CBC 906: REF.
DETAIL 3 / A803
21.02 FIRE STANDPIPE: REF. FIRE SPRINKLER DWGS
23.01 MECH CONDENSER UNIT: REF. MECHANICAL DWGS
32.08 BICYCLE PARKING
32.11 USPS/ADA COMPLIANT MAILBOXES
32.16 TRASH/RECYCLE BINS
32.19 PARCEL LOCKERS
32.23 PEDESTRIAN GATE
32.24 STEEL SECURITY ENCLOSURE WITH GATE
32.25 PATIO DRAIN, PER CIVIL PLANS
33.07 DRAIN: REF. PLUMBING DWGS
33.08 FIRE RISER CLOSET
33.09 WATER HEATER CLOSET
33.10 ELECTRICAL CLOSET: REF ELEC DWGS
33.11 MPOE CLOSET
01.01 ALIGN
01.02 OPEN TO BELOW / BEYOND
01.04 PROPERTY LINE
01.05 SETBACK LINE
01.06 LINE OF WALL / FLOOR ABOVE
01.07 LINE OF CEILING: REF. DETAIL XX / A8XX
01.08 LINE OF WALL BELOW
01.14 SOFFIT: REF. PLANS
01.15 LINE OF OPENING ABOVE
03.04 RAMP LANDING CLEARSPACE
03.05 CONCRETE CURB, 6” ABOVE HIGHEST ADJACENT SURFACE
04.01 CMU WALL, REF. STRUCTURAL
04.02 SCREEN BLOCK, REF. LANDSCAPE
05.01 METAL COLUMN: REF. STRUCTURAL DWGS
05.03 HANDRAIL
05.04 METAL FENCE: REF. LANDSCAPE DWGS
05.05 TRELLIS
05.06 METAL STAIR STRINGER/RISERS/TREADS
05.07 GUARDRAIL: METAL TUBE STEEL FRAME W/RAILING WIRE MESH, McNICHOLS 2”X2” SQUARE
06.02 2x FURRING
06.03 FLOOR / ROOF FRAMING: REF. STRUCTURAL DWGS
06.04 FRAMED WALL: REF. STRUCTURAL DWGS
06.11 CASEWORK
06.15 LINE OF CASEWORK ABOVE
07.04 SLOPE DECK TO EXTERIOR, 1/4 : 12 MIN.
09.02 FINISH PER ELEVATIONS
10.04 30" x 48" CLEARSPACE, PARALLEL OR PERPENDICULAR
ORIENTATION PER FIXTURE/APPLIANCE, TYP.
21.01 RECESSED FIRE EXTINGUISHER: REF. DETAIL 3 / A803
21.02 FIRE STANDPIPE: REF. FIRE SPRINKLER DWGS
23.01 MECH CONDENSER UNIT: REF. MECHANICAL DWGS
32.01 STEEL SECURITY ENCLOSURE WITH GATE
32.08 BICYCLE PARKING
32.11 USPS/ADA COMPLIANT MAILBOXES
32.16 TRASH/RECYCLE BINS
32.19 PARCEL LOCKERS
32.23 PEDESTRIAN GATE
33.07 DRAIN: REF. PLUMBING DWGS
33.08 FIRE RISER CLOSET
33.09 WATER HEATER CLOSET
33.10 ELECTRICAL CLOSET: REF ELEC DWGS
33.11 MPOE CLOSET
A802
9 A802
12 A802
4 A803
2 A803
3 A801
12 A801
8 A801
9 A802
13 A804
3 A806
10 A801
-
A802
15 A802
10 A802
11 A803
-
A802 A804
- -
A501 A502
- -
A801
6 A804
6 A808
10 A808
11 A801
7 A801
4 A806
12 A806
1 A806
11 A806
2 A806
3 A805
5 1. PENETRATIONS OF FIRE-RESISTIVE WALLS, FLOOR-
CEILINGS AND ROOF-CEILINGS SHALL BE PROTECTED AS
REQUIRED IN CBC SECTION 714.
GENERAL NOTES
FOR TYPICAL WALL SECTION2.
FOR TYPICAL FIRE RATED EXTERIOR
WALLS
FOR TYPICAL EXT. WALLS
4. 6.
7. 8.
FOR TYPICAL EXT. BALCONIES
9. FOR GENERAL ASSEMBLY, ACOUSTIC SEALANT
AND RESILIENT NOTES
10. FOR ACOUSTIC JOINTS @ WALLS
FOR CONTINUATION OF RATING AT
DROP CEILINGS & SOFFITS
11. FOR CONTINUATION OF RATING AT WALL
OUTLETS & TUBS
12. 13.
FOR PENETRATION OF 1-HR
ASSEMBLIES @ RECESSED FIXTURES
14. FOR PENETRATION OF 1-HR FLOOR/CEILING
ASSEMBLIES @ DUCT CHASE
15. FOR PLUMBING PENETRATIONS OF 1-HR
WALL ASSEMBLIES
17. FOR GENERAL PENETRATION
NOTES & DETAILS
18. FOR ADDITIONAL INFORMATION ON DOORS
& WINDOWS
19. DETAIL REFERENCES ARE CONSIDERED "TYPICAL"
(U.N.O.) AND ARE TO APPLIED TO SIMILAR ITEMS
WHETHER REFERENCED OR NOT
20. ALL DIMENSIONS ARE TO FACE OF STUD OR GRID LINE
U.N.O.
21. PROVIDE POSITIVE DRAINAGE AWAY FROM BUILDING
22. FOR ADDITIONAL INFORMATION, REFERENCE
STRUCTURAL DRAWINGS. FOR NON-STRUCTURAL
SLABS AND HARDSCAPE, REFERENCE LANDSCAPE
DRAWINGS
3. FOR TYPICAL FIRE RATED INTERIOR WALLS
5. 16.
FOR EXHAUST/INTAKE PENETRATIONS @
EXTERIOR WALLS
DECK JOISTS NOT PERMITTED TO BE RIPPED WHEN
DIMENSIONED LUMBER IS USED.
FOR TYPICAL FLASHING DETAILS
AT FRAMING TRANSITIONS
BETWEEN WALLS & FLOORS
AD
AD
AC
AC
AB
AB
AA
AA
AE
AE
W/D
RF
DW
W/D
RF
DW
W/D
DW
RF
DW
RFP
4'-0" 3'-0" 5'-11" 3'-0" 8'-9" 3'-0" 4'-2" 3'-0" 6'-7" 3'-0" 9"
6'-0"
1'-0"
1'-3 1/2"13'-1/2" 4'-0" 8'-6" 9'-2" 5'-6" 5'-5" 8'-6" 4'-0" 7'-7" 4'-0" 1'-4"
5'-8" 9'-11" 3'-0" 6'-1" 4'-10" 5'-8 1/2" 3'-0" 5'-10 1/2" 3'-0" 3'-9" 2'-10" 1'-0"
26'-0" 30'-0"
25'-0" 29'-0"
29'-9" 41'-3"
56'-0"
71'-0"
56'-0"
7'-0" 19'-0" 23'-0" 7'-0"
15'-2" 43'-6" 12'-4"
7'-0" 19'-0" 23'-0" 6'-0"
13'-7" 11'-10" 9'-2" 23'-8" 12'-9"
3'-3"
1 AA401
1 AA401
3 AA401
3 AA401
07.07 WH
WH
210
UNIT
A2.3
211
UNIT
A3.2
212
UNIT
B1.2
213
UNIT
B2.2
WH
2 A605
1 A603
2 A606
2 A602
2 A607
3 AA301
2 AA301
4 AA301
RF
DW
W/D
P
WH
N
0 4' 8' 16'
A2 A2
A3 A3
A5 A5
A5 A5
A4 A4
A1 A1
A7 A7
1'-0"
11'-6" 4'-0" 6'-0" 4'-0" 6'-6" 4'-0" 6'-0" 4'-3" 8'-6" 4'-6" 6'-9" 4'-0" 25'-5" 9'-2" 36'-5"
71'-0"
2 AA401
2 AA401
4 AA401
4 AA401
01.02 05.07
05.03 05.06
33.09 07.04
09.02 21.01
1 AA301
BUILDING KEY
BLDG 1 BLDG 2
BLDG 3
LEASING8" CMU WALL
2x6 STAGERED WOOD STUD @ 16"
O.C.
2x6 WOOD STUD @ 16" O.C.
2x4 WOOD STUD @ 16" O.C.
SOFFIT
WALL LEGEND
SCALE: 1/8" = 1'-0"1 BUILDING 1 1ST FLOOR
SCALE: 1/8" = 1'-0"2 BUILDING 1 2ND FLOOR
N
stamp
sheet
date
job no. project title
6 5
4 2
1 3
7 8
9 10
11 12
6 5
4 2
1 3
7 8
9 10
11 12
A B C D E F G H J K L M N P Q R S
A B C D E F G H J K L M N P Q R S
KIRE 8th ST
2039 EAST 8TH STREET, NATIONAL CITY CA 91950
2208
sheet
9 BUILDING 2 FLOOR PLANS
AB201
Stephen Dalton Architects
444 S. CEDROS. STUDIO 190
SOLANA BEACH. CA 92075
t: 858.792.5906 / f: 858.792.5916
LICENSED ARCHITEC
EPHEN E. DALT
TE OF CAL I FO
01/31/25
6/28/2023
CITY SUBMITTAL 01
9/8/2023
CITY SUBMITTAL 02
LICENSED ARCHITEC
EPHEN E. DALT
TE OF CAL I FO
01/31/25
11/6/23
CITY SUBMITTAL 03
BUILDING KEY
BLDG 1 BLDG 2
BLDG 3
LEASING
B1 B1
B3 B3
B5 B5
B4 B4
BG
BG
BD
BD
BA
BA
BB
BB
BF
BF
BC
BC
BE
BE
B2 B2
W/D
RF DW
W/D
RFDW
RF
DW
W/D
P
W/D
RF
DW
W/D
RF DW
W/D
RFDW
RF DW
RF DW
RF DW
W/D
W/D
W/D
RF DW
2'-0"
15'-4" 3'-0" 6'-8" 4'-0"
14'-2" 43'-6" 11'-4"
29'-0" 3'-8" 15'-4" 6'-0"
4'-2"
107
109 108 110
21.01 32.25
01.06 WH
WH
WH
WH
WH
WH
120
UNIT
S1
121
UNIT
S1
122
UNIT
A3.1
123
UNIT
B1.1
124
UNIT
A1.2
125
UNIT
A1.1
WH
WH WH
MPOE
1 A601
2 A601
2 A601
1 A601
1 A601
2 A601
2 A601
1 A605
2 A603
1 A607
N
0 4' 8' 16'
54'-0"
54'-0"
72'-7"
72'-7"
18'-0" 17'-5"
28'-9" 40'-3" 3'-7"
19'-0" 6'-0"
5'-2" 5'-3"
2'-1"
14'-5" 14'-7" 25'-0"
33'-7" 35'-5" 3'-7"
24'-5" 9'-2"
09.02 05.07
05.03 05.06
33.11 33.10
33.08 33.09
23.01 1
A607
1 AA401
1 AA401
3 AA401
3 AA401
2 AA401
2 AA401
4 AA401
4 AA401
3 AB301
4 AB301
2 AB301
1 AB301
A802
9 A802
12 A802
4 A803
2 A803
3 A801
12 A801
8 A801
9 A802
13 A804
3 A806
10 A801
-
A802
15 A802
10 A802
11 A803
-
A802 A804
- -
A501 A502
- -
A801
6 A804
6 A808
10 A808
11 A801
7 A801
4 A806
12 A806
1 A806
11 A806
2 A806
3 A805
5 1. PENETRATIONS OF FIRE-RESISTIVE WALLS, FLOOR-
CEILINGS AND ROOF-CEILINGS SHALL BE PROTECTED AS
REQUIRED IN CBC SECTION 714.
GENERAL NOTES
FOR TYPICAL WALL SECTION2.
FOR TYPICAL FIRE RATED EXTERIOR
WALLS
FOR TYPICAL EXT. WALLS
4. 6.
7. 8.
FOR TYPICAL EXT. BALCONIES
9. FOR GENERAL ASSEMBLY, ACOUSTIC SEALANT
AND RESILIENT NOTES
10. FOR ACOUSTIC JOINTS @ WALLS
FOR CONTINUATION OF RATING AT
DROP CEILINGS & SOFFITS
11. FOR CONTINUATION OF RATING AT WALL
OUTLETS & TUBS
12. 13.
FOR PENETRATION OF 1-HR
ASSEMBLIES @ RECESSED FIXTURES
14. FOR PENETRATION OF 1-HR FLOOR/CEILING
ASSEMBLIES @ DUCT CHASE
15. FOR PLUMBING PENETRATIONS OF 1-HR
WALL ASSEMBLIES
17. FOR GENERAL PENETRATION
NOTES & DETAILS
18. FOR ADDITIONAL INFORMATION ON DOORS
& WINDOWS
19. DETAIL REFERENCES ARE CONSIDERED "TYPICAL"
(U.N.O.) AND ARE TO APPLIED TO SIMILAR ITEMS
WHETHER REFERENCED OR NOT
20. ALL DIMENSIONS ARE TO FACE OF STUD OR GRID LINE
U.N.O.
21. PROVIDE POSITIVE DRAINAGE AWAY FROM BUILDING
22. FOR ADDITIONAL INFORMATION, REFERENCE
STRUCTURAL DRAWINGS. FOR NON-STRUCTURAL
SLABS AND HARDSCAPE, REFERENCE LANDSCAPE
DRAWINGS
3. FOR TYPICAL FIRE RATED INTERIOR WALLS
5. 16.
FOR EXHAUST/INTAKE PENETRATIONS @
EXTERIOR WALLS
DECK JOISTS NOT PERMITTED TO BE RIPPED WHEN
DIMENSIONED LUMBER IS USED.
FOR TYPICAL FLASHING DETAILS
AT FRAMING TRANSITIONS
BETWEEN WALLS & FLOORS
KEYNOTES - FLOOR PLANS
01.01 ALIGN
01.02 OPEN TO BELOW / BEYOND
01.04 PROPERTY LINE
01.05 SETBACK LINE
01.06 LINE OF WALL / FLOOR ABOVE
01.07 LINE OF CEILING
01.08 LINE OF WALL BELOW
01.09 LINE OF DECK BELOW
01.14 SOFFIT: REF. PLANS
01.15 LINE OF OPENING ABOVE
03.04 RAMP LANDING CLEARSPACE
03.05 CONCRETE CURB, 6” ABOVE HIGHEST ADJACENT SURFACE
04.01 CMU WALL, REF. STRUCTURAL
04.02 SCREEN BLOCK, REF. LANDSCAPE
05.01 METAL COLUMN: REF. STRUCTURAL DWGS
05.03 HANDRAIL
05.04 METAL FENCE: REF. LANDSCAPE DWGS
05.05 TRELLIS
05.06 METAL STAIR STRINGER/RISERS/TREADS, EXTERIOR EXIT STAIRS
05.07 GUARDRAIL: METAL TUBE STEEL FRAME W/RAILING WIRE MESH, McNICHOLS 2”X2” SQUARE
06.02 2x FURRING
06.03 FLOOR / ROOF FRAMING: REF. STRUCTURAL DWGS
06.04 FRAMED WALL: REF. STRUCTURAL DWGS
06.11 CASEWORK
06.15 LINE OF CASEWORK ABOVE
07.04 SLOPE DECK TO EXTERIOR, 1/4 : 12 MIN.
08.01 ATTIC ACCESS PANEL, 20" X 30" MIN, 1 HR FIRE RATED, PFI-DRY BY CENDREX OR EQUAL.
09.02 FINISH PER ELEVATIONS
10.04 30" x 48" CLEARSPACE, PARALLEL OR PERPENDICULAR
ORIENTATION PER FIXTURE/APPLIANCE, TYP.
11.01 UNDERCOUNTER REFRIGERATOR
21.01 RECESSED FIRE EXTINGUISHER, INSTALL PER CBC 906: REF.
DETAIL 3 / A803
21.02 FIRE STANDPIPE: REF. FIRE SPRINKLER DWGS
23.01 MECH CONDENSER UNIT: REF. MECHANICAL DWGS
32.08 BICYCLE PARKING
32.11 USPS/ADA COMPLIANT MAILBOXES
32.16 TRASH/RECYCLE BINS
32.19 PARCEL LOCKERS
32.23 PEDESTRIAN GATE
32.24 STEEL SECURITY ENCLOSURE WITH GATE
32.25 PATIO DRAIN, PER CIVIL PLANS
33.07 DRAIN: REF. PLUMBING DWGS
33.08 FIRE RISER CLOSET
33.09 WATER HEATER CLOSET
33.10 ELECTRICAL CLOSET: REF ELEC DWGS
33.11 MPOE CLOSET
01.01 ALIGN
01.02 OPEN TO BELOW / BEYOND
01.04 PROPERTY LINE
01.05 SETBACK LINE
01.06 LINE OF WALL / FLOOR ABOVE
01.07 LINE OF CEILING: REF. DETAIL XX / A8XX
01.08 LINE OF WALL BELOW
01.14 SOFFIT: REF. PLANS
01.15 LINE OF OPENING ABOVE
03.04 RAMP LANDING CLEARSPACE
03.05 CONCRETE CURB, 6” ABOVE HIGHEST ADJACENT SURFACE
04.01 CMU WALL, REF. STRUCTURAL
04.02 SCREEN BLOCK, REF. LANDSCAPE
05.01 METAL COLUMN: REF. STRUCTURAL DWGS
05.03 HANDRAIL
05.04 METAL FENCE: REF. LANDSCAPE DWGS
05.05 TRELLIS
05.06 METAL STAIR STRINGER/RISERS/TREADS
05.07 GUARDRAIL: METAL TUBE STEEL FRAME W/RAILING WIRE MESH, McNICHOLS 2”X2” SQUARE
06.02 2x FURRING
06.03 FLOOR / ROOF FRAMING: REF. STRUCTURAL DWGS
06.04 FRAMED WALL: REF. STRUCTURAL DWGS
06.11 CASEWORK
06.15 LINE OF CASEWORK ABOVE
07.04 SLOPE DECK TO EXTERIOR, 1/4 : 12 MIN.
09.02 FINISH PER ELEVATIONS
10.04 30" x 48" CLEARSPACE, PARALLEL OR PERPENDICULAR
ORIENTATION PER FIXTURE/APPLIANCE, TYP.
21.01 RECESSED FIRE EXTINGUISHER: REF. DETAIL 3 / A803
21.02 FIRE STANDPIPE: REF. FIRE SPRINKLER DWGS
23.01 MECH CONDENSER UNIT: REF. MECHANICAL DWGS
32.01 STEEL SECURITY ENCLOSURE WITH GATE
32.08 BICYCLE PARKING
32.11 USPS/ADA COMPLIANT MAILBOXES
32.16 TRASH/RECYCLE BINS
32.19 PARCEL LOCKERS
32.23 PEDESTRIAN GATE
33.07 DRAIN: REF. PLUMBING DWGS
33.08 FIRE RISER CLOSET
33.09 WATER HEATER CLOSET
33.10 ELECTRICAL CLOSET: REF ELEC DWGS
33.11 MPOE CLOSET
8" CMU WALL
2x6 STAGERED WOOD STUD @ 16"
O.C.
2x6 WOOD STUD @ 16" O.C.
2x4 WOOD STUD @ 16" O.C.
SOFFIT
WALL LEGEND
SCALE: 1/8" = 1'-0"1 BUILDING 2 1ST FLOOR
stamp
sheet
date
job no. project title
6 5
4 2
1 3
7 8
9 10
11 12
6 5
4 2
1 3
7 8
9 10
11 12
A B C D E F G H J K L M N P Q R S
A B C D E F G H J K L M N P Q R S
KIRE 8th ST
2039 EAST 8TH STREET, NATIONAL CITY CA 91950
2208
sheet
9 BUILDING 2 FLOOR PLANS
AB202
Stephen Dalton Architects
444 S. CEDROS. STUDIO 190
SOLANA BEACH. CA 92075
t: 858.792.5906 / f: 858.792.5916
LICENSED ARCHITECT
TEPHEN E. DALT
E OF CAL I FO
6/28/2023
CITY SUBMITTAL 01
9/8/2023
CITY SUBMITTAL 02
LICENSED ARCHITECT
TEPHEN E. DALT
E OF CAL I FO
11/6/23
CITY SUBMITTAL 03
BUILDING KEY
BLDG 1 BLDG 2
BLDG 3
LEASING
B1 B1
B3 B3
B5 B5
B4 B4
BG
BG
BD
BD
BA
BA
BB
BB
BF
BF
BC
BC
BE
BE
B2 B2
W/D
W/D
RF
DW
W/D
DW
W/D
RF
DW
RFP
1'-0"
11'-3" 4'-3" 6'-0" 4'-3" 6'-0" 4'-3" 6'-0" 4'-3" 8'-6" 4'-3" 7'-3" 3'-9" 25'-5" 9'-2" 36'-5"
71'-0"
13'-5"
07.07 WH
WH
220
UNIT
A2.3
221
UNIT
A3.2
222
UNIT
B1.2
223
UNIT
B2.2
WH
1 A603
2 A605
2 A606
2 A602
RF
DW
W/D
P
WH
N
0 4' 8' 16'
1'-0"
6'-0"
9"
3'-0" 6'-7" 3'-0" 4'-2" 3'-0" 8'-9" 3'-0" 5'-11" 3'-0" 4'-0" 2'-10"
14'-2" 3'-2" 8'-6" 9'-2" 5'-6" 5'-5" 8'-6" 4'-0" 7'-7" 4'-0" 1'-4"
2'-6"
3'-9" 3'-0" 5'-10 1/2" 3'-0" 5'-8 1/2" 4'-10" 6'-1" 3'-0" 9'-11" 5'-8" 1'-4"
30'-0" 26'-0"
29'-9" 41'-3"
30'-0" 4'-5" 14'-7" 7'-0"
56'-0"
71'-0"
56'-0"
1 AA401
1 AA401
3 AA401
3 AA401
2 AA401
2 AA401
4 AA401
4 AA401
21.01 07.04
01.0205.07
05.03 05.06
2 A607
3 AB301
4 AB301
2 AB301
1 AB301
KEYNOTES - FLOOR PLANS
01.01 ALIGN
01.02 OPEN TO BELOW / BEYOND
01.04 PROPERTY LINE
01.05 SETBACK LINE
01.06 LINE OF WALL / FLOOR ABOVE
01.07 LINE OF CEILING
01.08 LINE OF WALL BELOW
01.09 LINE OF DECK BELOW
01.14 SOFFIT: REF. PLANS
01.15 LINE OF OPENING ABOVE
03.04 RAMP LANDING CLEARSPACE
03.05 CONCRETE CURB, 6” ABOVE HIGHEST ADJACENT SURFACE
04.01 CMU WALL, REF. STRUCTURAL
04.02 SCREEN BLOCK, REF. LANDSCAPE
05.01 METAL COLUMN: REF. STRUCTURAL DWGS
05.03 HANDRAIL
05.04 METAL FENCE: REF. LANDSCAPE DWGS
05.05 TRELLIS
05.06 METAL STAIR STRINGER/RISERS/TREADS, EXTERIOR EXIT STAIRS
05.07 GUARDRAIL: METAL TUBE STEEL FRAME W/RAILING WIRE MESH, McNICHOLS 2”X2” SQUARE
06.02 2x FURRING
06.03 FLOOR / ROOF FRAMING: REF. STRUCTURAL DWGS
06.04 FRAMED WALL: REF. STRUCTURAL DWGS
06.11 CASEWORK
06.15 LINE OF CASEWORK ABOVE
07.04 SLOPE DECK TO EXTERIOR, 1/4 : 12 MIN.
08.01 ATTIC ACCESS PANEL, 20" X 30" MIN, 1 HR FIRE RATED, PFI-DRY BY CENDREX OR EQUAL.
09.02 FINISH PER ELEVATIONS
10.04 30" x 48" CLEARSPACE, PARALLEL OR PERPENDICULAR
ORIENTATION PER FIXTURE/APPLIANCE, TYP.
11.01 UNDERCOUNTER REFRIGERATOR
21.01 RECESSED FIRE EXTINGUISHER, INSTALL PER CBC 906: REF.
DETAIL 3 / A803
21.02 FIRE STANDPIPE: REF. FIRE SPRINKLER DWGS
23.01 MECH CONDENSER UNIT: REF. MECHANICAL DWGS
32.08 BICYCLE PARKING
32.11 USPS/ADA COMPLIANT MAILBOXES
32.16 TRASH/RECYCLE BINS
32.19 PARCEL LOCKERS
32.23 PEDESTRIAN GATE
32.24 STEEL SECURITY ENCLOSURE WITH GATE
32.25 PATIO DRAIN, PER CIVIL PLANS
33.07 DRAIN: REF. PLUMBING DWGS
33.08 FIRE RISER CLOSET
33.09 WATER HEATER CLOSET
33.10 ELECTRICAL CLOSET: REF ELEC DWGS
33.11 MPOE CLOSET
01.01 ALIGN
01.02 OPEN TO BELOW / BEYOND
01.04 PROPERTY LINE
01.05 SETBACK LINE
01.06 LINE OF WALL / FLOOR ABOVE
01.07 LINE OF CEILING: REF. DETAIL XX / A8XX
01.08 LINE OF WALL BELOW
01.14 SOFFIT: REF. PLANS
01.15 LINE OF OPENING ABOVE
03.04 RAMP LANDING CLEARSPACE
03.05 CONCRETE CURB, 6” ABOVE HIGHEST ADJACENT SURFACE
04.01 CMU WALL, REF. STRUCTURAL
04.02 SCREEN BLOCK, REF. LANDSCAPE
05.01 METAL COLUMN: REF. STRUCTURAL DWGS
05.03 HANDRAIL
05.04 METAL FENCE: REF. LANDSCAPE DWGS
05.05 TRELLIS
05.06 METAL STAIR STRINGER/RISERS/TREADS
05.07 GUARDRAIL: METAL TUBE STEEL FRAME W/RAILING WIRE MESH, McNICHOLS 2”X2” SQUARE
06.02 2x FURRING
06.03 FLOOR / ROOF FRAMING: REF. STRUCTURAL DWGS
06.04 FRAMED WALL: REF. STRUCTURAL DWGS
06.11 CASEWORK
06.15 LINE OF CASEWORK ABOVE
07.04 SLOPE DECK TO EXTERIOR, 1/4 : 12 MIN.
09.02 FINISH PER ELEVATIONS
10.04 30" x 48" CLEARSPACE, PARALLEL OR PERPENDICULAR
ORIENTATION PER FIXTURE/APPLIANCE, TYP.
21.01 RECESSED FIRE EXTINGUISHER: REF. DETAIL 3 / A803
21.02 FIRE STANDPIPE: REF. FIRE SPRINKLER DWGS
23.01 MECH CONDENSER UNIT: REF. MECHANICAL DWGS
32.01 STEEL SECURITY ENCLOSURE WITH GATE
32.08 BICYCLE PARKING
32.11 USPS/ADA COMPLIANT MAILBOXES
32.16 TRASH/RECYCLE BINS
32.19 PARCEL LOCKERS
32.23 PEDESTRIAN GATE
33.07 DRAIN: REF. PLUMBING DWGS
33.08 FIRE RISER CLOSET
33.09 WATER HEATER CLOSET
33.10 ELECTRICAL CLOSET: REF ELEC DWGS
33.11 MPOE CLOSET
A802
9 A802
12 A802
4 A803
2 A803
3 A801
12 A801
8 A801
9 A802
13 A804
3 A806
10 A801
-
A802
15 A802
10 A802
11 A803
-
A802 A804
- -
A501 A502
- -
A801
6 A804
6 A808
10 A808
11 A801
7 A801
4 A806
12 A806
1 A806
11 A806
2 A806
3 A805
5 1. PENETRATIONS OF FIRE-RESISTIVE WALLS, FLOOR-
CEILINGS AND ROOF-CEILINGS SHALL BE PROTECTED AS
REQUIRED IN CBC SECTION 714.
GENERAL NOTES
FOR TYPICAL WALL SECTION2.
FOR TYPICAL FIRE RATED EXTERIOR
WALLS
FOR TYPICAL EXT. WALLS
4. 6.
7. 8.
FOR TYPICAL EXT. BALCONIES
9. FOR GENERAL ASSEMBLY, ACOUSTIC SEALANT
AND RESILIENT NOTES
10. FOR ACOUSTIC JOINTS @ WALLS
FOR CONTINUATION OF RATING AT
DROP CEILINGS & SOFFITS
11. FOR CONTINUATION OF RATING AT WALL
OUTLETS & TUBS
12. 13.
FOR PENETRATION OF 1-HR
ASSEMBLIES @ RECESSED FIXTURES
14. FOR PENETRATION OF 1-HR FLOOR/CEILING
ASSEMBLIES @ DUCT CHASE
15. FOR PLUMBING PENETRATIONS OF 1-HR
WALL ASSEMBLIES
17. FOR GENERAL PENETRATION
NOTES & DETAILS
18. FOR ADDITIONAL INFORMATION ON DOORS
& WINDOWS
19. DETAIL REFERENCES ARE CONSIDERED "TYPICAL"
(U.N.O.) AND ARE TO APPLIED TO SIMILAR ITEMS
WHETHER REFERENCED OR NOT
20. ALL DIMENSIONS ARE TO FACE OF STUD OR GRID LINE
U.N.O.
21. PROVIDE POSITIVE DRAINAGE AWAY FROM BUILDING
22. FOR ADDITIONAL INFORMATION, REFERENCE
STRUCTURAL DRAWINGS. FOR NON-STRUCTURAL
SLABS AND HARDSCAPE, REFERENCE LANDSCAPE
DRAWINGS
3. FOR TYPICAL FIRE RATED INTERIOR WALLS
5. 16.
FOR EXHAUST/INTAKE PENETRATIONS @
EXTERIOR WALLS
DECK JOISTS NOT PERMITTED TO BE RIPPED WHEN
DIMENSIONED LUMBER IS USED.
FOR TYPICAL FLASHING DETAILS
AT FRAMING TRANSITIONS
BETWEEN WALLS & FLOORS
8" CMU WALL
2x6 STAGERED WOOD STUD @ 16"
O.C.
2x6 WOOD STUD @ 16" O.C.
2x4 WOOD STUD @ 16" O.C.
SOFFIT
WALL LEGEND
SCALE: 1/8" = 1'-0"1 BUILDING 2 2ND FLOOR
stamp
sheet
date
job no. project title
6 5
4 2
1 3
7 8
9 10
11 12
6 5
4 2
1 3
7 8
9 10
11 12
A B C D E F G H J K L M N P Q R S
A B C D E F G H J K L M N P Q R S
KIRE 8th ST
2039 EAST 8TH STREET, NATIONAL CITY CA 91950
2208
sheet
9 BUILDING 2 FLOOR PLANS
AB203
Stephen Dalton Architects
444 S. CEDROS. STUDIO 190
SOLANA BEACH. CA 92075
t: 858.792.5906 / f: 858.792.5916
LICENSED ARCHITECT
TEPHEN E. DALTO
TE OF CAL I FOR01/31/25
6/28/2023
CITY SUBMITTAL 01
9/8/2023
CITY SUBMITTAL 02
LICENSED ARCHITECT
TEPHEN E. DALTO
TE OF CAL I FOR01/31/25
11/6/23
CITY SUBMITTAL 03
BUILDING KEY
BLDG 1 BLDG 2
BLDG 3
LEASING
B1 B1
B3 B3
B5 B5
B4 B4
BG
BG
BD
BD
BA
BA
BB
BB
BF
BF
BC
BC
BE
BE
B2 B2
W/D
W/D
RF
DW
W/D
DW
W/D
RF
DW
RFP
29'-9" 41'-3"
58'-0"
1'-0"
11'-3" 4'-3" 6'-0" 4'-3" 6'-0" 4'-3" 6'-0" 4'-3" 8'-6" 4'-3" 7'-3" 3'-9" 71'-0"
31'-0" 27'-0"
25'-5" 9'-2" 36'-5"
71'-0"
13'-5"
12'-7" 11'-10" 9'-2" 23'-8" 12'-9"
14'-2" 43'-6" 12'-4"
7'-0" 42'-0" 7'-0"
08.0108.01
07.07 07.07
07.0707.07
WH
WH
320
UNIT
A2.3
321
UNIT
A3.2
322
UNIT
B1.2
323
UNIT
B2.2
WH
1 A603
2 A605
2 A606
2 A602
RF
DW
W/D
P
WH
N
0 4' 8' 16'
1 AA401
1 AA401
3 AA401
3 AA401
2 AA401
2 AA401
4 AA401
4 AA401
1'-0"
6'-0"
9"
3'-0" 6'-7" 3'-0" 4'-2" 3'-0" 8'-9" 3'-0" 5'-11" 3'-0" 4'-0" 2'-10"
1'-0"
1'-4"
13'-10" 3'-2" 8'-6" 9'-2" 5'-6" 5'-5" 8'-6" 11'-7" 4'-0" 1'-0"
1'-4"
2'-6"
3'-9" 3'-0" 5'-10 1/2" 3'-0" 5'-8 1/2" 4'-10" 6'-1" 3'-0" 9'-11" 5'-8" 1'-4"
1'-0"
30'-0" 26'-0"
56'-0"
6'-0" 23'-0" 19'-0" 6'-0"
3 AB301
4 AB301
2 AB301
1 AB301
07.04 01.0205.07
08.01 05.03
21.01 05.06
3 A607
KEYNOTES - FLOOR PLANS
01.01 ALIGN
01.02 OPEN TO BELOW / BEYOND
01.04 PROPERTY LINE
01.05 SETBACK LINE
01.06 LINE OF WALL / FLOOR ABOVE
01.07 LINE OF CEILING
01.08 LINE OF WALL BELOW
01.09 LINE OF DECK BELOW
01.14 SOFFIT: REF. PLANS
01.15 LINE OF OPENING ABOVE
03.04 RAMP LANDING CLEARSPACE
03.05 CONCRETE CURB, 6” ABOVE HIGHEST ADJACENT SURFACE
04.01 CMU WALL, REF. STRUCTURAL
04.02 SCREEN BLOCK, REF. LANDSCAPE
05.01 METAL COLUMN: REF. STRUCTURAL DWGS
05.03 HANDRAIL
05.04 METAL FENCE: REF. LANDSCAPE DWGS
05.05 TRELLIS
05.06 METAL STAIR STRINGER/RISERS/TREADS, EXTERIOR EXIT STAIRS
05.07 GUARDRAIL: METAL TUBE STEEL FRAME W/RAILING WIRE MESH, McNICHOLS 2”X2” SQUARE
06.02 2x FURRING
06.03 FLOOR / ROOF FRAMING: REF. STRUCTURAL DWGS
06.04 FRAMED WALL: REF. STRUCTURAL DWGS
06.11 CASEWORK
06.15 LINE OF CASEWORK ABOVE
07.04 SLOPE DECK TO EXTERIOR, 1/4 : 12 MIN.
08.01 ATTIC ACCESS PANEL, 20" X 30" MIN, 1 HR FIRE RATED, PFI-DRY BY CENDREX OR EQUAL.
09.02 FINISH PER ELEVATIONS
10.04 30" x 48" CLEARSPACE, PARALLEL OR PERPENDICULAR
ORIENTATION PER FIXTURE/APPLIANCE, TYP.
11.01 UNDERCOUNTER REFRIGERATOR
21.01 RECESSED FIRE EXTINGUISHER, INSTALL PER CBC 906: REF.
DETAIL 3 / A803
21.02 FIRE STANDPIPE: REF. FIRE SPRINKLER DWGS
23.01 MECH CONDENSER UNIT: REF. MECHANICAL DWGS
32.08 BICYCLE PARKING
32.11 USPS/ADA COMPLIANT MAILBOXES
32.16 TRASH/RECYCLE BINS
32.19 PARCEL LOCKERS
32.23 PEDESTRIAN GATE
32.24 STEEL SECURITY ENCLOSURE WITH GATE
32.25 PATIO DRAIN, PER CIVIL PLANS
33.07 DRAIN: REF. PLUMBING DWGS
33.08 FIRE RISER CLOSET
33.09 WATER HEATER CLOSET
33.10 ELECTRICAL CLOSET: REF ELEC DWGS
33.11 MPOE CLOSET
01.01 ALIGN
01.02 OPEN TO BELOW / BEYOND
01.04 PROPERTY LINE
01.05 SETBACK LINE
01.06 LINE OF WALL / FLOOR ABOVE
01.07 LINE OF CEILING: REF. DETAIL XX / A8XX
01.08 LINE OF WALL BELOW
01.14 SOFFIT: REF. PLANS
01.15 LINE OF OPENING ABOVE
03.04 RAMP LANDING CLEARSPACE
03.05 CONCRETE CURB, 6” ABOVE HIGHEST ADJACENT SURFACE
04.01 CMU WALL, REF. STRUCTURAL
04.02 SCREEN BLOCK, REF. LANDSCAPE
05.01 METAL COLUMN: REF. STRUCTURAL DWGS
05.03 HANDRAIL
05.04 METAL FENCE: REF. LANDSCAPE DWGS
05.05 TRELLIS
05.06 METAL STAIR STRINGER/RISERS/TREADS
05.07 GUARDRAIL: METAL TUBE STEEL FRAME W/RAILING WIRE MESH, McNICHOLS 2”X2” SQUARE
06.02 2x FURRING
06.03 FLOOR / ROOF FRAMING: REF. STRUCTURAL DWGS
06.04 FRAMED WALL: REF. STRUCTURAL DWGS
06.11 CASEWORK
06.15 LINE OF CASEWORK ABOVE
07.04 SLOPE DECK TO EXTERIOR, 1/4 : 12 MIN.
09.02 FINISH PER ELEVATIONS
10.04 30" x 48" CLEARSPACE, PARALLEL OR PERPENDICULAR
ORIENTATION PER FIXTURE/APPLIANCE, TYP.
21.01 RECESSED FIRE EXTINGUISHER: REF. DETAIL 3 / A803
21.02 FIRE STANDPIPE: REF. FIRE SPRINKLER DWGS
23.01 MECH CONDENSER UNIT: REF. MECHANICAL DWGS
32.01 STEEL SECURITY ENCLOSURE WITH GATE
32.08 BICYCLE PARKING
32.11 USPS/ADA COMPLIANT MAILBOXES
32.16 TRASH/RECYCLE BINS
32.19 PARCEL LOCKERS
32.23 PEDESTRIAN GATE
33.07 DRAIN: REF. PLUMBING DWGS
33.08 FIRE RISER CLOSET
33.09 WATER HEATER CLOSET
33.10 ELECTRICAL CLOSET: REF ELEC DWGS
33.11 MPOE CLOSET
A802
9 A802
12 A802
4 A803
2 A803
3 A801
12 A801
8 A801
9 A802
13 A804
3 A806
10 A801
-
A802
15 A802
10 A802
11 A803
-
A802 A804
- -
A501 A502
- -
A801
6 A804
6 A808
10 A808
11 A801
7 A801
4 A806
12 A806
1 A806
11 A806
2 A806
3 A805
5 1. PENETRATIONS OF FIRE-RESISTIVE WALLS, FLOOR-
CEILINGS AND ROOF-CEILINGS SHALL BE PROTECTED AS
REQUIRED IN CBC SECTION 714.
GENERAL NOTES
FOR TYPICAL WALL SECTION2.
FOR TYPICAL FIRE RATED EXTERIOR
WALLS
FOR TYPICAL EXT. WALLS
4. 6.
7. 8.
FOR TYPICAL EXT. BALCONIES
9. FOR GENERAL ASSEMBLY, ACOUSTIC SEALANT
AND RESILIENT NOTES
10. FOR ACOUSTIC JOINTS @ WALLS
FOR CONTINUATION OF RATING AT
DROP CEILINGS & SOFFITS
11. FOR CONTINUATION OF RATING AT WALL
OUTLETS & TUBS
12. 13.
FOR PENETRATION OF 1-HR
ASSEMBLIES @ RECESSED FIXTURES
14. FOR PENETRATION OF 1-HR FLOOR/CEILING
ASSEMBLIES @ DUCT CHASE
15. FOR PLUMBING PENETRATIONS OF 1-HR
WALL ASSEMBLIES
17. FOR GENERAL PENETRATION
NOTES & DETAILS
18. FOR ADDITIONAL INFORMATION ON DOORS
& WINDOWS
19. DETAIL REFERENCES ARE CONSIDERED "TYPICAL"
(U.N.O.) AND ARE TO APPLIED TO SIMILAR ITEMS
WHETHER REFERENCED OR NOT
20. ALL DIMENSIONS ARE TO FACE OF STUD OR GRID LINE
U.N.O.
21. PROVIDE POSITIVE DRAINAGE AWAY FROM BUILDING
22. FOR ADDITIONAL INFORMATION, REFERENCE
STRUCTURAL DRAWINGS. FOR NON-STRUCTURAL
SLABS AND HARDSCAPE, REFERENCE LANDSCAPE
DRAWINGS
3. FOR TYPICAL FIRE RATED INTERIOR WALLS
5. 16.
FOR EXHAUST/INTAKE PENETRATIONS @
EXTERIOR WALLS
DECK JOISTS NOT PERMITTED TO BE RIPPED WHEN
DIMENSIONED LUMBER IS USED.
FOR TYPICAL FLASHING DETAILS
AT FRAMING TRANSITIONS
BETWEEN WALLS & FLOORS
8" CMU WALL
2x6 STAGERED WOOD STUD @ 16"
O.C.
2x6 WOOD STUD @ 16" O.C.
2x4 WOOD STUD @ 16" O.C.
SOFFIT
WALL LEGEND
SCALE: 1/8" = 1'-0"1 BUILDING 2 3RD FLOOR
stamp
sheet
date
job no. project title
6 5
4 2
1 3
7 8
9 10
11 12
6 5
4 2
1 3
7 8
9 10
11 12
A B C D E F G H J K L M N P Q R S
A B C D E F G H J K L M N P Q R S
KIRE 8th ST
2039 EAST 8TH STREET, NATIONAL CITY CA 91950
2208
sheet
9 BUILDING 1 FLOOR PLANS
AA202
Stephen Dalton Architects
444 S. CEDROS. STUDIO 190
SOLANA BEACH. CA 92075
t: 858.792.5906 / f: 858.792.5916
LICENSED ARCHITECT
TEPHEN E. DALT
E OF CAL I FO
6/28/2023
CITY SUBMITTAL 01
9/8/2023
CITY SUBMITTAL 02
LICENSED ARCHITECT
TEPHEN E. DALT
E OF CAL I FO
11/6/23
CITY SUBMITTAL 03
AD
AD
AC
AC
AB
AB
AA
AA
AE
AE
W/D
DW
W/D
RF
DW
W/D
RF
DW
RF
DW
RFP
1 AA401
1 AA401
3 AA401
3 AA401
3'-10" 4'-0" 3'-0" 5'-11" 3'-0" 8'-9" 3'-0" 4'-2" 3'-0" 6'-7" 3'-0" 9"
6'-0"
1'-0"
1'-4"
13'-0" 4'-0" 8'-6" 9'-2" 5'-6" 5'-5" 8'-6" 4'-0"
1'-4"
5'-8" 9'-11" 3'-0" 6'-1" 4'-10" 5'-8 1/2" 3'-0" 5'-10 1/2" 3'-0" 3'-9" 2'-10" 1'-0"
29'-9" 41'-3"
71'-0"
26'-0" 30'-0"
56'-0"
26'-0" 30'-0"
56'-0"
7'-0" 19'-0" 23'-0" 7'-0"
4'-0"
14'-2" 14'-7" 28'-11" 12'-4"
6'-0" 19'-0" 22'-6 1/2" 6'-5 1/2"
23'-8" 12'-9"12'-1 1/2" 11'-10"
2'-11"
3 AA301
2 AA301
4 AA301
08.01 21.01
08.01 08.01
07.07 07.07
07.07 07.07
WH
WH
310
UNIT
A2.3
311
UNIT
A3.2
312
UNIT
B1.2
313
UNIT
B2.2
WH
2 A605
1 A603
2 A606
2 A602
3 A607
RF
DW
W/D
P
WH
N
0 4' 8' 16'
A2 A2
A3 A3
A5 A5
A5 A5
A4 A4
A1 A1
A7 A7
2 AA401
2 AA401
4 AA401
4 AA401
1'-0"
11'-6" 4'-0" 6'-0" 4'-0" 6'-6" 4'-0" 6'-0" 4'-3" 8'-6" 4'-6" 6'-9" 4'-0" 25'-5" 9'-2" 36'-5"
71'-0" 1
AA301
01.06 07.04
05.07 05.03
05.06 33.09
AD
AD
AC
AC
AB
AB
AA
AA
AE
AE
1'-0"
1'-0"
3'-0"
3'-0" 3'-0"
1'-0" 3'-0"
1'-0"
1'-0"1'-0"
3'-0"
01.08 07.07
07.07 07.07
2:12
SLOPE
2:12SLOPE
2:12SLOPE
A2 A2
A3 A3
A5 A5
A5 A5
A4 A4
A1 A1
A7 A7
3'-0"
BUILDING KEY
BLDG 1 BLDG 2
BLDG 3
LEASING
KEYNOTES - FLOOR PLANS
01.01 ALIGN
01.02 OPEN TO BELOW / BEYOND
01.04 PROPERTY LINE
01.05 SETBACK LINE
01.06 LINE OF WALL / FLOOR ABOVE
01.07 LINE OF CEILING
01.08 LINE OF WALL BELOW
01.09 LINE OF DECK BELOW
01.14 SOFFIT: REF. PLANS
01.15 LINE OF OPENING ABOVE
03.04 RAMP LANDING CLEARSPACE
03.05 CONCRETE CURB, 6” ABOVE HIGHEST ADJACENT SURFACE
04.01 CMU WALL, REF. STRUCTURAL
04.02 SCREEN BLOCK, REF. LANDSCAPE
05.01 METAL COLUMN: REF. STRUCTURAL DWGS
05.03 HANDRAIL
05.04 METAL FENCE: REF. LANDSCAPE DWGS
05.05 TRELLIS
05.06 METAL STAIR STRINGER/RISERS/TREADS, EXTERIOR EXIT STAIRS
05.07 GUARDRAIL: METAL TUBE STEEL FRAME W/RAILING WIRE MESH, McNICHOLS 2”X2” SQUARE
06.02 2x FURRING
06.03 FLOOR / ROOF FRAMING: REF. STRUCTURAL DWGS
06.04 FRAMED WALL: REF. STRUCTURAL DWGS
06.11 CASEWORK
06.15 LINE OF CASEWORK ABOVE
07.04 SLOPE DECK TO EXTERIOR, 1/4 : 12 MIN.
08.01 ATTIC ACCESS PANEL, 20" X 30" MIN, 1 HR FIRE RATED, PFI-DRY BY CENDREX OR EQUAL.
09.02 FINISH PER ELEVATIONS
10.04 30" x 48" CLEARSPACE, PARALLEL OR PERPENDICULAR
ORIENTATION PER FIXTURE/APPLIANCE, TYP.
11.01 UNDERCOUNTER REFRIGERATOR
21.01 RECESSED FIRE EXTINGUISHER, INSTALL PER CBC 906: REF.
DETAIL 3 / A803
21.02 FIRE STANDPIPE: REF. FIRE SPRINKLER DWGS
23.01 MECH CONDENSER UNIT: REF. MECHANICAL DWGS
32.08 BICYCLE PARKING
32.11 USPS/ADA COMPLIANT MAILBOXES
32.16 TRASH/RECYCLE BINS
32.19 PARCEL LOCKERS
32.23 PEDESTRIAN GATE
32.24 STEEL SECURITY ENCLOSURE WITH GATE
32.25 PATIO DRAIN, PER CIVIL PLANS
33.07 DRAIN: REF. PLUMBING DWGS
33.08 FIRE RISER CLOSET
33.09 WATER HEATER CLOSET
33.10 ELECTRICAL CLOSET: REF ELEC DWGS
33.11 MPOE CLOSET
01.01 ALIGN
01.02 OPEN TO BELOW / BEYOND
01.04 PROPERTY LINE
01.05 SETBACK LINE
01.06 LINE OF WALL / FLOOR ABOVE
01.07 LINE OF CEILING: REF. DETAIL XX / A8XX
01.08 LINE OF WALL BELOW
01.14 SOFFIT: REF. PLANS
01.15 LINE OF OPENING ABOVE
03.04 RAMP LANDING CLEARSPACE
03.05 CONCRETE CURB, 6” ABOVE HIGHEST ADJACENT SURFACE
04.01 CMU WALL, REF. STRUCTURAL
04.02 SCREEN BLOCK, REF. LANDSCAPE
05.01 METAL COLUMN: REF. STRUCTURAL DWGS
05.03 HANDRAIL
05.04 METAL FENCE: REF. LANDSCAPE DWGS
05.05 TRELLIS
05.06 METAL STAIR STRINGER/RISERS/TREADS
05.07 GUARDRAIL: METAL TUBE STEEL FRAME W/RAILING WIRE MESH, McNICHOLS 2”X2” SQUARE
06.02 2x FURRING
06.03 FLOOR / ROOF FRAMING: REF. STRUCTURAL DWGS
06.04 FRAMED WALL: REF. STRUCTURAL DWGS
06.11 CASEWORK
06.15 LINE OF CASEWORK ABOVE
07.04 SLOPE DECK TO EXTERIOR, 1/4 : 12 MIN.
09.02 FINISH PER ELEVATIONS
10.04 30" x 48" CLEARSPACE, PARALLEL OR PERPENDICULAR
ORIENTATION PER FIXTURE/APPLIANCE, TYP.
21.01 RECESSED FIRE EXTINGUISHER: REF. DETAIL 3 / A803
21.02 FIRE STANDPIPE: REF. FIRE SPRINKLER DWGS
23.01 MECH CONDENSER UNIT: REF. MECHANICAL DWGS
32.01 STEEL SECURITY ENCLOSURE WITH GATE
32.08 BICYCLE PARKING
32.11 USPS/ADA COMPLIANT MAILBOXES
32.16 TRASH/RECYCLE BINS
32.19 PARCEL LOCKERS
32.23 PEDESTRIAN GATE
33.07 DRAIN: REF. PLUMBING DWGS
33.08 FIRE RISER CLOSET
33.09 WATER HEATER CLOSET
33.10 ELECTRICAL CLOSET: REF ELEC DWGS
33.11 MPOE CLOSET
ATTIC AREA BUILDINGS 1 & 2:
REQUIRED:
3,300 SF (144SI/SF) = 475,200 SI (1/150) = 3,168 SI TOTAL PROVIDED:
LINEAR SOFFIT LENGTH = 128'-10" (12IN/FT)= 1,546"
1,546" X 4" SOFFIT VENT = 6,184 SI
TOTAL PROVIDED: 6,184 SI
VENT CALCULATIONS
ATTIC AREA BUILDING 3 EAST:
REQUIRED:
2,665 SF (144SI/SF) = 383,760 SI (1/150) = 2,558 SI TOTAL PROVIDED:
LINEAR SOFFIT LENGTH = 129'-2" (12IN/FT)= 1,550"
1,550" X 4" SOFFIT VENT = 6,200 SI
ATTIC AREA BUILDING 3 WEST:
REQUIRED:
2,839 SF (144SI/SF) = 408,816 SI (1/150) = 2,725 SI TOTAL PROVIDED:
LINEAR SOFFIT LENGTH = 103'-10" (12IN/FT)= 1,246"
1,246" X 4" SOFFIT VENT = 4,984 SI
TOTAL PROVIDED: 11,184 SI
VENT CALCULATIONS
A802
9 A802
12 A802
4 A803
2 A803
3 A801
12 A801
8 A801
9 A802
13 A804
3 A806
10 A801
-
A802
15 A802
10 A802
11 A803
-
A802 A804
- -
A501 A502
- -
A801
6 A804
6 A808
10 A808
11 A801
7 A801
4 A806
12 A806
1 A806
11 A806
2 A806
3 A805
5 1. PENETRATIONS OF FIRE-RESISTIVE WALLS, FLOOR-
CEILINGS AND ROOF-CEILINGS SHALL BE PROTECTED AS
REQUIRED IN CBC SECTION 714.
GENERAL NOTES
FOR TYPICAL WALL SECTION2.
FOR TYPICAL FIRE RATED EXTERIOR
WALLS
FOR TYPICAL EXT. WALLS
4. 6.
7. 8.
FOR TYPICAL EXT. BALCONIES
9. FOR GENERAL ASSEMBLY, ACOUSTIC SEALANT
AND RESILIENT NOTES
10. FOR ACOUSTIC JOINTS @ WALLS
FOR CONTINUATION OF RATING AT
DROP CEILINGS & SOFFITS
11. FOR CONTINUATION OF RATING AT WALL
OUTLETS & TUBS
12. 13.
FOR PENETRATION OF 1-HR
ASSEMBLIES @ RECESSED FIXTURES
14. FOR PENETRATION OF 1-HR FLOOR/CEILING
ASSEMBLIES @ DUCT CHASE
15. FOR PLUMBING PENETRATIONS OF 1-HR
WALL ASSEMBLIES
17. FOR GENERAL PENETRATION
NOTES & DETAILS
18. FOR ADDITIONAL INFORMATION ON DOORS
& WINDOWS
19. DETAIL REFERENCES ARE CONSIDERED "TYPICAL"
(U.N.O.) AND ARE TO APPLIED TO SIMILAR ITEMS
WHETHER REFERENCED OR NOT
20. ALL DIMENSIONS ARE TO FACE OF STUD OR GRID LINE
U.N.O.
21. PROVIDE POSITIVE DRAINAGE AWAY FROM BUILDING
22. FOR ADDITIONAL INFORMATION, REFERENCE
STRUCTURAL DRAWINGS. FOR NON-STRUCTURAL
SLABS AND HARDSCAPE, REFERENCE LANDSCAPE
DRAWINGS
3. FOR TYPICAL FIRE RATED INTERIOR WALLS
5. 16.
FOR EXHAUST/INTAKE PENETRATIONS @
EXTERIOR WALLS
DECK JOISTS NOT PERMITTED TO BE RIPPED WHEN
DIMENSIONED LUMBER IS USED.
FOR TYPICAL FLASHING DETAILS
AT FRAMING TRANSITIONS
BETWEEN WALLS & FLOORS
8" CMU WALL
2x6 STAGERED WOOD STUD @ 16"
O.C.
2x6 WOOD STUD @ 16" O.C.
2x4 WOOD STUD @ 16" O.C.
SOFFIT
WALL LEGEND
SCALE: 1/8" = 1'-0"1 BUILDING 1 3RD FLOOR
SCALE: 1/8" = 1'-0"2 BUILDING 1 ROOF
stamp
sheet
date
job no. project title
6 5
4 2
1 3
7 8
9 10
11 12
6 5
4 2
1 3
7 8
9 10
11 12
A B C D E F G H J K L M N P Q R S
A B C D E F G H J K L M N P Q R S
KIRE 8th ST
2039 EAST 8TH STREET, NATIONAL CITY CA 91950
2208
sheet
9 BLDG 3 FIRST& SECOND FLOOR PLAN
AC201
Stephen Dalton Architects
444 S. CEDROS. STUDIO 190
SOLANA BEACH. CA 92075
t: 858.792.5906 / f: 858.792.5916
LICENSED ARCHITECT
TEPHEN E. DALTO
TE OF CAL I FO
01/31/25
6/28/2023
CITY SUBMITTAL 01
9/8/2023
CITY SUBMITTAL 02
LICENSED ARCHITECT
TEPHEN E. DALTO
TE OF CAL I FO
01/31/25
11/6/23
CITY SUBMITTAL 03
DN
UP
DNUP
W/D
RF
DW
W/D
RF
DW
W/D
W/D
RF
DW
W/D
RF
DW
RF
DW
DW
C12 C12
C11 C11
C10 C10
C9 C9
C7 C7
C6 C6
C5 C5
C3 C3
C2 C2
C1 C1
C8 C8
C4 C4
CI
CI
CE
CE
CB
CB
CA
CA
CC
CC
CD
CD
CH
CH
CG
CG
CF
CF
W/D
RF
DW
W/D
RF P
UP
5" 1'-0" 35'-0" 9'-2" 24'-9" 24'-1" 9'-2" 25'-0"
26'-0" 29'-7" 6'-0"
5'-0" 26'-0" 28'-7"
41'-4" 29'-0" 28'-11" 29'-9"
4'-0" 7'-10" 3'-9" 8'-6" 5'-5" 5'-6" 9'-3" 8'-6" 3'-3" 14'-4" 4'-0" 9'-8" 3'-3" 8'-6" 6'-4" 8'-6" 3'-3" 14'-2" 1'-0"
1'-4"
4'-8" 10'-11" 3'-0" 6'-1" 8'-1 1/2"
2'-0"
3'-0" 5'-10 1/2" 3'-0" 2'-0" 5'-7"
61'-7"
129'-0"
1'-0"
6'-0" 3'-10" 5'-11" 3'-0" 6'-3" 5'-6" 4'-2" 3'-0" 6'-2" 3'-0" 1'-9"
129'-0"
59'-7"
8'-4" 1'-6"
4'-9"
19'-0" 23'-7" 5'-0"
1'-4 1/2"
1'-5"
5"
1 AC401
1 AC401
2 AC401
2 AC401
3 AC401
3 AC401
07.07 WH
WH
WH
WH WH
230
UNIT
A2.2
231
UNIT
A4.2
234
UNIT
A4.2
235
UNIT
B2.3
232
UNIT
A3.2
233
UNIT
A3.2
236
UNIT
A3.2
237
UNIT
B1.2
WH
WH
4 A606
4 A604
4 A604
2 A602
1 A603
1 A603
1 A603
2 A605
2 AC301
2 AC302
1 AC301
1 AC302
RF
DW
W/D
P
WH
N
0 4' 8' 16'
9'-8" 3'-9" 8'-6" 4'-6 1/2" 5'-6" 3'-9" 7'-2" 3'-9" 8'-6" 3'-9" 9'-1 1/2" 3'-8 1/2"
6'-0" 3'-9" 8'-6" 3'-9" 6'-8" 3'-9" 5'-6" 4'-1" 12'-2"
1'-0"
07.04 01.02
05.07 05.03
05.06 21.01
01.04 21.01
2 A608
2 A609
RF
DW
W/D
P
RF
DW
W/D
RF
DW
W/D
RF
DW
W/D
C12 C12
C11 C11
C10 C10
C9 C9
C7 C7
C6 C6
C5 C5
C3 C3
C2 C2
C1 C1
C8 C8
C4 C4
CI
CI
CE
CE
CB
CB
CA
CA
CC
CC
CD
CD
CH
CH
CG
CG
CF
CF
10'-10" 18'-6" 6'-1"
1'-10"
126'-2"
35'-0" 9'-2"
126'-2"
25'-0" 28'-7" 5'-0"
58'-7"
9'-0" 49'-7"
9"
14'-4" 9'-6" 4'-7" 4'-7" 10'-2" 14'-3"
4"
6'-10" 7'-1" 10'-2"
13'-5" 7'-8"
3'-9 1/2" 11'-4"
2'-0"
12'-9"
18'-3"
24'-11"24'-9" 24'-1"
20'-4 1/2" 29'-2 1/2"
6'-0"
5'-0" 29'-2 1/2"
21'-1" 3'-10"
10"
7'-5"
48'-10" 9'-2" 24'-0"
24'-5" 24'-5"
3'-0"
2"
9'-2" 8'-1"
17'-3"
9'-10 3/16"
12'-2"11'-10"
10'-7 1/2" 14'-1"14'-1" 10'-1/2"
11'-4" 23'-8"
34'-0"
3'-9"
9'-2"
6'-10"
13'-1/2" 6'-0"
7 1/2"
9'-6 1/2"6'-4 1/2"
8"
17'-4"
5'-1" 15'-3 1/2" 23'-2 1/2"
21.01 112
116
111
115 114
113
117
118
WH
WH
WH
MPOE
WH
130
UNIT
A2.1
131
UNIT
A4.1
134
UNIT
A4.1
135
UNIT
B2.1
DW
BOOSTER
PUMP
ROOM
FR
ELECTRICAL
ROOM
TRASH
ROOM
3 A606
1 A604
1 A604
1 A602
1 AC401
1 AC401
2 AC401
2 AC401
3 AC401
3 AC401
2 AC301
2 AC302
1 AC301
1 AC302
N
0 4' 8' 16'
33.09 01.07
05.06 05.03
05.07 01.07
23.01 05.01
01.06 33.11
33.10 33.08
32.08 1
A608
1 A609
A802
9 A802
12 A802
4 A803
2 A803
3 A801
12 A801
8 A801
9 A802
13 A804
3 A806
10 A801
-
A802
15 A802
10 A802
11 A803
-
A802 A804
- -
A501 A502
- -
A801
6 A804
6 A808
10 A808
11 A801
7 A801
4 A806
12 A806
1 A806
11 A806
2 A806
3 A805
5 1. PENETRATIONS OF FIRE-RESISTIVE WALLS, FLOOR-
CEILINGS AND ROOF-CEILINGS SHALL BE PROTECTED AS
REQUIRED IN CBC SECTION 714.
GENERAL NOTES
FOR TYPICAL WALL SECTION2.
FOR TYPICAL FIRE RATED EXTERIOR
WALLS
FOR TYPICAL EXT. WALLS
4. 6.
7. 8.
FOR TYPICAL EXT. BALCONIES
9. FOR GENERAL ASSEMBLY, ACOUSTIC SEALANT
AND RESILIENT NOTES
10. FOR ACOUSTIC JOINTS @ WALLS
FOR CONTINUATION OF RATING AT
DROP CEILINGS & SOFFITS
11. FOR CONTINUATION OF RATING AT WALL
OUTLETS & TUBS
12. 13.
FOR PENETRATION OF 1-HR
ASSEMBLIES @ RECESSED FIXTURES
14. FOR PENETRATION OF 1-HR FLOOR/CEILING
ASSEMBLIES @ DUCT CHASE
15. FOR PLUMBING PENETRATIONS OF 1-HR
WALL ASSEMBLIES
17. FOR GENERAL PENETRATION
NOTES & DETAILS
18. FOR ADDITIONAL INFORMATION ON DOORS
& WINDOWS
19. DETAIL REFERENCES ARE CONSIDERED "TYPICAL"
(U.N.O.) AND ARE TO APPLIED TO SIMILAR ITEMS
WHETHER REFERENCED OR NOT
20. ALL DIMENSIONS ARE TO FACE OF STUD OR GRID LINE
U.N.O.
21. PROVIDE POSITIVE DRAINAGE AWAY FROM BUILDING
22. FOR ADDITIONAL INFORMATION, REFERENCE
STRUCTURAL DRAWINGS. FOR NON-STRUCTURAL
SLABS AND HARDSCAPE, REFERENCE LANDSCAPE
DRAWINGS
3. FOR TYPICAL FIRE RATED INTERIOR WALLS
5. 16.
FOR EXHAUST/INTAKE PENETRATIONS @
EXTERIOR WALLS
DECK JOISTS NOT PERMITTED TO BE RIPPED WHEN
DIMENSIONED LUMBER IS USED.
FOR TYPICAL FLASHING DETAILS
AT FRAMING TRANSITIONS
BETWEEN WALLS & FLOORS
KEYNOTES - FLOOR PLANS
01.01 ALIGN
01.02 OPEN TO BELOW / BEYOND
01.04 PROPERTY LINE
01.05 SETBACK LINE
01.06 LINE OF WALL / FLOOR ABOVE
01.07 LINE OF CEILING
01.08 LINE OF WALL BELOW
01.09 LINE OF DECK BELOW
01.14 SOFFIT: REF. PLANS
01.15 LINE OF OPENING ABOVE
03.04 RAMP LANDING CLEARSPACE
03.05 CONCRETE CURB, 6” ABOVE HIGHEST ADJACENT SURFACE
04.01 CMU WALL, REF. STRUCTURAL
04.02 SCREEN BLOCK, REF. LANDSCAPE
05.01 METAL COLUMN: REF. STRUCTURAL DWGS
05.03 HANDRAIL
05.04 METAL FENCE: REF. LANDSCAPE DWGS
05.05 TRELLIS
05.06 METAL STAIR STRINGER/RISERS/TREADS, EXTERIOR EXIT STAIRS
05.07 GUARDRAIL: METAL TUBE STEEL FRAME W/RAILING WIRE MESH, McNICHOLS 2”X2” SQUARE
06.02 2x FURRING
06.03 FLOOR / ROOF FRAMING: REF. STRUCTURAL DWGS
06.04 FRAMED WALL: REF. STRUCTURAL DWGS
06.11 CASEWORK
06.15 LINE OF CASEWORK ABOVE
07.04 SLOPE DECK TO EXTERIOR, 1/4 : 12 MIN.
08.01 ATTIC ACCESS PANEL, 20" X 30" MIN, 1 HR FIRE RATED, PFI-DRY BY CENDREX OR EQUAL.
09.02 FINISH PER ELEVATIONS
10.04 30" x 48" CLEARSPACE, PARALLEL OR PERPENDICULAR
ORIENTATION PER FIXTURE/APPLIANCE, TYP.
11.01 UNDERCOUNTER REFRIGERATOR
21.01 RECESSED FIRE EXTINGUISHER, INSTALL PER CBC 906: REF.
DETAIL 3 / A803
21.02 FIRE STANDPIPE: REF. FIRE SPRINKLER DWGS
23.01 MECH CONDENSER UNIT: REF. MECHANICAL DWGS
32.08 BICYCLE PARKING
32.11 USPS/ADA COMPLIANT MAILBOXES
32.16 TRASH/RECYCLE BINS
32.19 PARCEL LOCKERS
32.23 PEDESTRIAN GATE
32.24 STEEL SECURITY ENCLOSURE WITH GATE
32.25 PATIO DRAIN, PER CIVIL PLANS
33.07 DRAIN: REF. PLUMBING DWGS
33.08 FIRE RISER CLOSET
33.09 WATER HEATER CLOSET
33.10 ELECTRICAL CLOSET: REF ELEC DWGS
33.11 MPOE CLOSET
01.01 ALIGN
01.02 OPEN TO BELOW / BEYOND
01.04 PROPERTY LINE
01.05 SETBACK LINE
01.06 LINE OF WALL / FLOOR ABOVE
01.07 LINE OF CEILING: REF. DETAIL XX / A8XX
01.08 LINE OF WALL BELOW
01.14 SOFFIT: REF. PLANS
01.15 LINE OF OPENING ABOVE
03.04 RAMP LANDING CLEARSPACE
03.05 CONCRETE CURB, 6” ABOVE HIGHEST ADJACENT SURFACE
04.01 CMU WALL, REF. STRUCTURAL
04.02 SCREEN BLOCK, REF. LANDSCAPE
05.01 METAL COLUMN: REF. STRUCTURAL DWGS
05.03 HANDRAIL
05.04 METAL FENCE: REF. LANDSCAPE DWGS
05.05 TRELLIS
05.06 METAL STAIR STRINGER/RISERS/TREADS
05.07 GUARDRAIL: METAL TUBE STEEL FRAME W/RAILING WIRE MESH, McNICHOLS 2”X2” SQUARE
06.02 2x FURRING
06.03 FLOOR / ROOF FRAMING: REF. STRUCTURAL DWGS
06.04 FRAMED WALL: REF. STRUCTURAL DWGS
06.11 CASEWORK
06.15 LINE OF CASEWORK ABOVE
07.04 SLOPE DECK TO EXTERIOR, 1/4 : 12 MIN.
09.02 FINISH PER ELEVATIONS
10.04 30" x 48" CLEARSPACE, PARALLEL OR PERPENDICULAR
ORIENTATION PER FIXTURE/APPLIANCE, TYP.
21.01 RECESSED FIRE EXTINGUISHER: REF. DETAIL 3 / A803
21.02 FIRE STANDPIPE: REF. FIRE SPRINKLER DWGS
23.01 MECH CONDENSER UNIT: REF. MECHANICAL DWGS
32.01 STEEL SECURITY ENCLOSURE WITH GATE
32.08 BICYCLE PARKING
32.11 USPS/ADA COMPLIANT MAILBOXES
32.16 TRASH/RECYCLE BINS
32.19 PARCEL LOCKERS
32.23 PEDESTRIAN GATE
33.07 DRAIN: REF. PLUMBING DWGS
33.08 FIRE RISER CLOSET
33.09 WATER HEATER CLOSET
33.10 ELECTRICAL CLOSET: REF ELEC DWGS
33.11 MPOE CLOSET
8" CMU WALL
2x6 STAGERED WOOD STUD @ 16"
O.C.
2x6 WOOD STUD @ 16" O.C.
2x4 WOOD STUD @ 16" O.C.
SOFFIT
WALL LEGEND
SCALE: 1/8" = 1'-0"2 BUILDING 3 2ND FLOOR
SCALE: 1/8" = 1'-0"1 BUILDING 3 1ST FLOOR
stamp
sheet
date
job no. project title
6 5
4 2
1 3
7 8
9 10
11 12
6 5
4 2
1 3
7 8
9 10
11 12
A B C D E F G H J K L M N P Q R S
A B C D E F G H J K L M N P Q R S
KIRE 8th ST
2039 EAST 8TH STREET, NATIONAL CITY CA 91950
2208
sheet
9 BLDG 3 THIRD & ROOF PLAN
AC202
Stephen Dalton Architects
444 S. CEDROS. STUDIO 190
SOLANA BEACH. CA 92075
t: 858.792.5906 / f: 858.792.5916
6/28/2023
CITY SUBMITTAL 01
9/8/2023
CITY SUBMITTAL 02
LICENSED ARCHITECT
TEPHEN E. DALTO
TE OF CAL I FOR01/31/25
11/6/23
CITY SUBMITTAL 03
WHWH
3 A608
3 A609
C12 C12
C11 C11
C10 C10
C9 C9
C7 C7
C6 C6
C5 C5
C3 C3
C2 C2
C1 C1
C8 C8
C4 C4
CI
CI
CE
CE
CB
CB
CA
CA
CC
CC
CD
CD
CH
CH
CG
CG
CF
CF
1 AC401
1 AC401
2 AC401
2 AC401
3 AC401
3 AC401
2 AC301
2 AC302
1 AC301
1 AC302
1'-0"
1'-0"
2'-7"
3'-0"
1'-0"
4'-0"
2'-5"
3'-0" 9'-2"
1'-0"
1'-5"
3'-0"
1'-0"
3'-0"
3'-0"
3'-0"3'-0"
1'-0" 1'-0"
1'-0"
1'-0"
1'-0"
1'-0"
01.08 01.09
01.09 01.0901.09
07.07 07.07
07.0707.07
07.07 2:12
SLOPE
N
2:12
SLOPE
2:12
SLOPE
1/4:12
SLOPE
2:12
SLOPE
2:12
SLOPE
DN
C12 C12
C11 C11
C10 C10
C9 C9
C7 C7
C6 C6
C5 C5
C3 C3
C2 C2
C1 C1
C8 C8
C4 C4
CI
CI
CE
CE
CB
CB
CA
CA
CC
CC
CD
CD
CH
CH
CG
CG
CF
CF
W/D
DW
W/D
RF
DW
W/D
RF
DW
W/D
RF
DW
RF
DW
W/D
RF
DW
W/D
RF
DW
W/D
RF P
RF
DW
W/DDN
1 AC401
1 AC401
2 AC401
2 AC401
3 AC401
3 AC401
4'-0" 11'-7" 8'-6" 5'-5" 5'-6" 9'-3" 8'-6" 3'-9" 13'-10" 4'-0" 9'-8" 3'-3" 8'-6" 6'-4" 8'-6" 3'-3" 14'-2" 1'-0"
9'-8" 3'-9" 8'-6" 4'-6 1/2" 5'-6" 3'-9" 7'-2" 3'-9" 8'-6" 3'-9" 9'-1 1/2" 3'-8 1/2"
6'-0" 3'-9" 8'-6" 3'-9" 6'-8" 3'-9" 5'-6" 4'-1" 12'-2"
1'-0"
1'-0"
5'-0" 10'-11" 3'-0" 6'-1" 8'-1 1/2"
2'-0"
3'-0" 5'-10 1/2" 3'-0"
2'-0"
5'-7"
1'-0"
6'-0" 3'-10" 5'-11" 3'-0" 6'-3" 5'-6" 4'-2" 3'-0" 6'-2" 3'-0" 1'-9"
6'-0"
41'-4" 29'-0" 28'-11" 29'-9"
129'-0"
5'-0" 26'-0" 29'-7"
25'-0" 29'-7" 5'-0"
59'-7"
35'-0" 9'-2" 24'-1 1/2" 24'-8 1/2" 9'-2" 25'-0"
129'-0"
60'-7"
1'-5" 5"
1'-0"
1'-0"
4'-8"
5'-1/2"2'-11"
2 AC301
2 AC302
1 AC301
1 AC302
21.01 08.01
08.01 08.01
08.01 08.01
07.07 07.07
07.07 07.07
07.07 07.07
WH
WH
WH
WH
WH
330
UNIT
A2.2
331
UNIT
A4.2
334
UNIT
A4.2
335
UNIT
B2.3
332
UNIT
A3.2
333
UNIT
A3.2
336
UNIT
A3.2
337
UNIT
B1.2
WH
WH
WH
4 A606
4 A604
4 A604
2 A602
1 A603
1 A603
1 A603
2 A605
RF
DW
W/D
P
WH
N
0 4' 8' 16'
19'-9"
20'-1"
07.04 01.02
05.07 05.03 05.06
33.09 21.01
3 A608
3 A609
GENERAL NOTES
KEYNOTES - FLOOR PLANS
01.01 ALIGN
01.02 OPEN TO BELOW / BEYOND
01.04 PROPERTY LINE
01.05 SETBACK LINE
01.06 LINE OF WALL / FLOOR ABOVE
01.07 LINE OF CEILING
01.08 LINE OF WALL BELOW
01.09 LINE OF DECK BELOW
01.14 SOFFIT: REF. PLANS
01.15 LINE OF OPENING ABOVE
03.04 RAMP LANDING CLEARSPACE
03.05 CONCRETE CURB, 6” ABOVE HIGHEST ADJACENT SURFACE
04.01 CMU WALL, REF. STRUCTURAL
04.02 SCREEN BLOCK, REF. LANDSCAPE
05.01 METAL COLUMN: REF. STRUCTURAL DWGS
05.03 HANDRAIL
05.04 METAL FENCE: REF. LANDSCAPE DWGS
05.05 TRELLIS
05.06 METAL STAIR STRINGER/RISERS/TREADS, EXTERIOR EXIT STAIRS
05.07 GUARDRAIL: METAL TUBE STEEL FRAME W/RAILING WIRE MESH, McNICHOLS 2”X2” SQUARE
06.02 2x FURRING
06.03 FLOOR / ROOF FRAMING: REF. STRUCTURAL DWGS
06.04 FRAMED WALL: REF. STRUCTURAL DWGS
06.11 CASEWORK
06.15 LINE OF CASEWORK ABOVE
07.04 SLOPE DECK TO EXTERIOR, 1/4 : 12 MIN.
08.01 ATTIC ACCESS PANEL, 20" X 30" MIN, 1 HR FIRE RATED, PFI-DRY BY CENDREX OR EQUAL.
09.02 FINISH PER ELEVATIONS
10.04 30" x 48" CLEARSPACE, PARALLEL OR PERPENDICULAR
ORIENTATION PER FIXTURE/APPLIANCE, TYP.
11.01 UNDERCOUNTER REFRIGERATOR
21.01 RECESSED FIRE EXTINGUISHER, INSTALL PER CBC 906: REF.
DETAIL 3 / A803
21.02 FIRE STANDPIPE: REF. FIRE SPRINKLER DWGS
23.01 MECH CONDENSER UNIT: REF. MECHANICAL DWGS
32.08 BICYCLE PARKING
32.11 USPS/ADA COMPLIANT MAILBOXES
32.16 TRASH/RECYCLE BINS
32.19 PARCEL LOCKERS
32.23 PEDESTRIAN GATE
32.24 STEEL SECURITY ENCLOSURE WITH GATE
32.25 PATIO DRAIN, PER CIVIL PLANS
33.07 DRAIN: REF. PLUMBING DWGS
33.08 FIRE RISER CLOSET
33.09 WATER HEATER CLOSET
33.10 ELECTRICAL CLOSET: REF ELEC DWGS
33.11 MPOE CLOSET
01.01 ALIGN
01.02 OPEN TO BELOW / BEYOND
01.04 PROPERTY LINE
01.05 SETBACK LINE
01.06 LINE OF WALL / FLOOR ABOVE
01.07 LINE OF CEILING: REF. DETAIL XX / A8XX
01.08 LINE OF WALL BELOW
01.14 SOFFIT: REF. PLANS
01.15 LINE OF OPENING ABOVE
03.04 RAMP LANDING CLEARSPACE
03.05 CONCRETE CURB, 6” ABOVE HIGHEST ADJACENT SURFACE
04.01 CMU WALL, REF. STRUCTURAL
04.02 SCREEN BLOCK, REF. LANDSCAPE
05.01 METAL COLUMN: REF. STRUCTURAL DWGS
05.03 HANDRAIL
05.04 METAL FENCE: REF. LANDSCAPE DWGS
05.05 TRELLIS
05.06 METAL STAIR STRINGER/RISERS/TREADS
05.07 GUARDRAIL: METAL TUBE STEEL FRAME W/RAILING WIRE MESH, McNICHOLS 2”X2” SQUARE
06.02 2x FURRING
06.03 FLOOR / ROOF FRAMING: REF. STRUCTURAL DWGS
06.04 FRAMED WALL: REF. STRUCTURAL DWGS
06.11 CASEWORK
06.15 LINE OF CASEWORK ABOVE
07.04 SLOPE DECK TO EXTERIOR, 1/4 : 12 MIN.
09.02 FINISH PER ELEVATIONS
10.04 30" x 48" CLEARSPACE, PARALLEL OR PERPENDICULAR
ORIENTATION PER FIXTURE/APPLIANCE, TYP.
21.01 RECESSED FIRE EXTINGUISHER: REF. DETAIL 3 / A803
21.02 FIRE STANDPIPE: REF. FIRE SPRINKLER DWGS
23.01 MECH CONDENSER UNIT: REF. MECHANICAL DWGS
32.01 STEEL SECURITY ENCLOSURE WITH GATE
32.08 BICYCLE PARKING
32.11 USPS/ADA COMPLIANT MAILBOXES
32.16 TRASH/RECYCLE BINS
32.19 PARCEL LOCKERS
32.23 PEDESTRIAN GATE
33.07 DRAIN: REF. PLUMBING DWGS
33.08 FIRE RISER CLOSET
33.09 WATER HEATER CLOSET
33.10 ELECTRICAL CLOSET: REF ELEC DWGS
33.11 MPOE CLOSET
ATTIC AREA BUILDINGS 1 & 2:
REQUIRED:
3,300 SF (144SI/SF) = 475,200 SI (1/150) = 3,168 SI TOTAL PROVIDED:
LINEAR SOFFIT LENGTH = 128'-10" (12IN/FT)= 1,546"
1,546" X 4" SOFFIT VENT = 6,184 SI
TOTAL PROVIDED: 6,184 SI
VENT CALCULATIONS
ATTIC AREA BUILDING 3 EAST:
REQUIRED:
2,665 SF (144SI/SF) = 383,760 SI (1/150) = 2,558 SI TOTAL PROVIDED:
LINEAR SOFFIT LENGTH = 129'-2" (12IN/FT)= 1,550"
1,550" X 4" SOFFIT VENT = 6,200 SI
ATTIC AREA BUILDING 3 WEST:
REQUIRED:
2,839 SF (144SI/SF) = 408,816 SI (1/150) = 2,725 SI TOTAL PROVIDED:
LINEAR SOFFIT LENGTH = 103'-10" (12IN/FT)= 1,246"
1,246" X 4" SOFFIT VENT = 4,984 SI
TOTAL PROVIDED: 11,184 SI
VENT CALCULATIONS
8" CMU WALL
2x6 STAGERED WOOD STUD @ 16"
O.C.
2x6 WOOD STUD @ 16" O.C.
2x4 WOOD STUD @ 16" O.C.
SOFFIT
WALL LEGEND
SCALE: 1/8" = 1'-0"2 BUILDING 3 ROOF
SCALE: 1/8" = 1'-0"1 BUILDING 3 3RD FLOOR
SEE GENERAL NOTES ON SHEET AC201
1 No Fees per Government Code 6103 ]
RECORDING REQUESTED BY: ]
National City Housing Authority ]
]
]
]
WHEN RECORDED MAIL TO: ]
National City Housing Authority ]
Attention: Executive Director ]
1243 National City Boulevard ]
National City, CA 91950 ]
APN 557-140-25-00
AFFORDABLE HOUSING DENSITY BONUS AGREEMENT
(2039 E 8th Street)
THIS AFFORDABLE HOUSING DENSITY BONUS AGREEMENT (“Agreement”) is dated as of the __ day of __________, 20 24, by and between the City of National City (“City”), and Talas LLC, a California limited liability company (“Developer”).
WHEREAS, Developer is the owner of that certain real property generally located at 2039 E 8th Street, in the City of National City, County of San Diego , more particularly described in Exhibit “A” attached hereto (“Property”); and
WHEREAS, Developer has applied to the City for a density bonus pursuant to Government Code section 65915, and Sections 18.48.030, et seq. of the National City Municipal Code, provided, however, the Developer has proposed to construct and restrict the rent and occupancy of three (3) residential dwelling unit s (“Affordable Unit s”) to very low -income households in exchange for a density bonus (“Density Bonus”) which will allow the construction of the forty - eight (48) unit Development on the Property. In addition to the Density Bonus, the Developer has requested and received incentives and concessions as set forth in Government Code Section 65915 and Sections 18.48.050 of the National City Municipal Code in exchange for providing the Affordable Units, as defined below; and
WHEREAS, Developer proposes to develop a total of forty-eight (48) housing units on the Property (“Development”) and restrict the rent and occupancy of three (3) residential dwelling units (“Affordable Unit(s)”) to very low-income households in exchange for the Density Bonus and one (1) incentive . The Affordabl e Units shall consist of two (2) studios (354 square feet respectively), one (1) one bedroom units (514 square feet respectively). The initial Affordable Units are to be Units 2110-111, 2112-121 and 2112-124. However, the Affordable Units may be moved within the development so long as the units have similar finishes and are of similar size, as needed; and
WHEREAS, This Agreement will serve to memorialize Developer’s obligation to provide the Affordable Units, the time frame for the construction and occupancy of the Affordable Unit s and the restriction of the Affordable Unit s by the recordation of this Agreement assuring
2 affordability for a total of fifty -five (55) years measured from the issuance of final insp ection approval for the Development.
NOW, THEREFORE, in consideration of the foregoing and of the mutual terms and covenants hereinafter set forth and other good and valuable consideration, the City and Developer agree as follows:
1. Acknowledgement of Incentives. Developer acknowledges and agrees that, the Development is entitled to and is receiving one (1) incentive pursuant to and in accordance with Government Code 65915.
2. Developer Covenants. Pursuant to and in consideration of the incentive, Developer hereby agrees and covenants on behalf of itself and its successors and assigns, and each successor in interest to the Property, that at all times during the term of this Agreement the two (2) studios, one (1) one bedroom unit shall be rented and occupied as the Affordable Unit s as set forth in this Agreement.
3. Affordability Restrictions.
(a) Area Median Income. As used herein, “Area Median Income” shall mean the area median income, as adjusted for family size, for San Diego County, established periodically by the California Department of Hous ing and Community Development (“ HCD”) and published in the California Code of Regulations. In the event HCD ceases to publish an established Area Median Income as aforesaid, the City may, in its sole d iscretion, use any other reasonably comparable method of computing Area Median Income.
(b) Occupancy Restrictions. During the term of this Agreement, each of the Affordable Units shall be occupied by a household whose income does not exceed the very low income limits applicable to San Diego County, adjusted for household size, as published annually by HCD, earning at or below fifty percent (50%) of the Area Median Income.
(c) Rent Amount. During the term of this Agreement, the monthly rental rate for t he Affordable Units (which shall include a utility allowance based on the utility allowance schedules published annually by the National City Housing Authority) shall not exceed 1/12 of thirty percent (30%) of fifty percent (50%) of the Area Median Income, as adjusted for assumed household size and utilities. The imputed household size for the Affordable Unit shall be equal to the number of bedrooms in the unit plus one. For example, the rent for the studio Affordable Unit shall be calculated using fifty percent (50%) of the Area Median Income for a 1-person household.
4. Restrictions. The following restrictions shall also be applicable to the Affordable Unit:
(a) No Relationship With Developer . The Affordable Units shall not be occupied or leased to Developer or any relative (by blood or marriage) of Developer or any person employed by Developer or of any individuals who are members, principals, executives, directors, partners , or shareholders of Developer or in any entity having an ownership in Developer or in the Property.
3 (b) No Full-Time Students. The Affordable Units shall not be occupied or leased to any household comprised exclusively of persons who are full -time students, unless such persons are eligible to file a joint federal income tax return and all such persons reside in the Affordable Unit. The term “full-time student” shall be defined as any person who will be or has been a full - time student during five calendar months of the calendar year in ques tion at an educational institution (other than a correspondence school) with regular faculty and students.
(c) No Student Dependents . Notwithstanding the provisions of section 4(b), the Affordable Units shall not be occupied or leased to any student dependent as defined in the U.S.
Internal Revenue Code, unless the taxpayer (upon whom the student in question is dependent) resides in the same unit.
(d) No Owners of Real Property. The Affordable Units shall not be occupied or leased to any person or any household comprised of one or more persons who own real property.
(e) Liquid Asset Limitation. The Affordable Units shall not be occupied or leased to any person or household holding, directly or indi rectly, liquid assets whose aggregate value exceeds, at the time of determination of eligibility, eighty percent (80%) of the then-current annual Area Median Income. As used herein, the term “liquid assets” refers to cash and assets which are readily convertible to cash within a reasonable period, including but not limited to savings and checking accounts, certificates of deposit of any term, marketable securities, money market and similar accounts, mutual fund shares, and insurance policy cash values. Th e term “liquid assets” shall not include retirement funds which are not readily accessible or which cannot be accessed by the tenant without the tenant incurring a penalty.
(f) Income of Co -Tenants. The income of all co -tenants and/or occupants shall be taken into account in determining whether a tenant or prospective tenant meets the requirements of this Agreement.
(g) Eligible Tenants Increased Income . If as a result of the annual recertification procedure described in Section 7 below, any househol d which was previously determined to be eligible to occupy the Affordable Unit is determined to have income in excess of the limit set forth in Section 3(b), above, that household will continue to be eligible to occupy the Affordable Unit, but shall commence paying rent equivalent to thirty percent (30%) of the household’s income and Developer shall pay to the City an amount equal the difference between the actual amount of rent paid by the household and the maximum amount of rent for the unit as set forth in Section 3(c), above. Notwithstanding the foregoing, if as a result of the annual recertification procedure described in Section 7 below, a household’s income is determined to be in excess of 120% of the Area Median Income, then the Developer shall take all reasonable steps to pursue eviction of the household.
5. Term. Pursuant to Government Code Section 65915, this Agreement shall be effective on the date of its recordation and shall remain in force until the date that is fifty-five (55) years from the date of issuance of final inspection approval of the Development by the City.
6. Deed of Trust.
4 (a) Execution and Recordation . Developer shall, concurrently with the execution of this Agreement, execute, acknowledge and record a deed of trust on the Property ensuring timely performance of the obligations set forth in this Agreement (“Deed of Trust”). The Deed of Trust shall be subordinated to the construction deed(s) of trust and/or permanent financing in favor of institutional lenders. The subordination shall be upon such terms and conditions and for such periods of time as the City Manager may approve to protect the provision of affordable housing as required by this Agreement. The City shall reconvey the Deed of Trust following the expiration of the term of this Agreement.
(b) Foreclosure on the Property . In the event of a foreclosure on the Property which eliminates the Deed of Trust, the new owner, upon five (5) days ’ written notice from the City, shall: (i) execute, acknowledge , and deliver to the City an assignment and assumption of this Agreement in a form as approved by the City, in its reasonable discretion, for recordation; and (ii) execute, acknowledge, and deliver to the City a deed of trust, in a form as approved by the City, in its reasonable discretion, to be recorded against the Property, in a lien priority immediately junior to the assignment and assumption of this Agreement which will secure the performance of this Agreement.; and (iii) reimburse the City for all of its attorneys’ fees and costs in connection with the foregoing, including all costs, attorneys’ fees, and expert witnesses fees incurred by the City in obtaining compliance by the new owner, including those incurred in litigation, if any.
7. Verification of Eligibility. The Affordable Units shall not be rented to a prospective tenant or occupied by any person unless and until the City, through its designated staff, has verified that the prospective tenant or occupant is eligible and that affordable rents will be charged in accordance with the criteria set forth in this Agreement. Developer and/or its successor in interest shall ensure that all eligibility and rent criteria are met during the term of the Agreement.
Annually, on the anniversary of the initial certification of compliance, as determined by the City, during the term of this Agreement, Developer or its successor in interest shall certify to the City that the Affordable Unit s are being occupied by eligible tenants. Said certification shall be o n forms acceptable to the City.
8. Maintenance Standards. During the term of this Agreement, Developer shall maintain the Affordable Unit s and the Property in a condition that satisfies the more stringent of (a) the requirements of the applicable local codes or (b) the United States Department of Housing and Urban Development’s Uniform Physical Conditions Standards . The City shall have the right to inspect the Affordable Units and the Property prior to initial occupancy and periodically during the term of this Agreement, upon three business days’ notice to Developer. The City shall have the right to disclose results of those inspections to the appropriate enforcement authorit ies. Any deficiencies in the physical condition of the Affordable Unit s shall be corrected by Developer at Developer’s expense within thirty (30) days of the identification of such deficiency by the City and delivery of written notice of the same to Developer . Failure to correct any deficiencies after receipt of proper notice in compliance with this section shall constitute a breach of this Agreement and subject the Developer to damages as set forth in Section 13 of this Agreement.
9. Interpretation and Construction. If any provision of this Agreement or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions of
5 this Agreement and the application of such provisions to persons or circumstances, other than those as to which it is found to be invalid, shall not be affected thereby. Nothing contained herein shall be deemed compliance with or waiver of any provision of law or conditions of approval except as expressly stated herein.
10. Design, Construction and Occupancy Schedule for the Affordable Unit s. The Affordable Units shall receive final inspection approval no later than the date that the market-rate units receive final inspection and approval. Time is of the essence in the occupancy of the Affordable Unit s.
The City Manager may, in his or her sole discretion, extend one or more time deadlines for performance as referenced in this Agreement for good cause.
11. Indemnity. Developer agrees to indemnify, defend and hold harmless the City , the National City Housing Authority , and any and all of their respective councilmembers, commissioners, members, officers, agents, servants, and employees (the “Indemnitees”) from and against all claims, liens, claims of lien, losses, damages, costs, and expenses, whether direct or indirect, arising in any way from this Agreement, including the construction, sale, rental , or operation of the Development, the Property , and/or any of the units, or from the default by Developer in the performance of its obligations under this Agreement; provided , however, that Developer shall not be required to indemnify, defend , or hold harmless any of the Indemnitees from claims, losses, damages, costs , and expenses related to the sole negligence or willful misconduct of the Indemnitees.
12. Agreement Binding on Successors. The terms, covenants and conditions of this Agreement shall apply to, and shall bind the parties hereto and any successors or assignees . Developer shall not sell, transfer, or otherwise dispose of the Property, any portion thereof, or any interest therein unless the proposed transferee shall have executed and delivered to the City an express written assumption of all of Developer’s obligations under this Agreement, on a form reasonably acceptable to the City. Upon assignment and assumption by a successor entity, as approved by the City, Developer shall be released from all prospective liability and responsibility under the terms of this Agreement . Developer agrees that all of its obligations hereunder shall constitute covenants, which shall run with the land and shall be binding upon the Property and upon every person having any interest therein at any time and from time to time during the term of this Agreement. Further, Developer agrees that, if a court of competent jurisdiction determin es that the obligations set forth herein do not qualify as covenants running with the land, they shall be enforced as equitable servitudes. Any sale or conveyance of the Property shall be made subject to this Agreement.
13. Damages; Enforcement; Remedies; Security.
(a) Standing; Equitable Remedies; Remedies Cumulative. Developer expressly agrees and declares that the City shall be the proper party to, and shall have standing to, initiate and pursue any and all actions or proceedings, at law or in equity , to enforce the provisions hereof and/or to recover damages for any event that is expressly stated to be a material default hereunder and which event remains uncured following sixty (60) days’ written notice to Developer from the City (or up to one hundred twenty (120) days after notice, if actions to correct the material default have been timely initiated and are, in the reasonable opinion of the City, being diligently pursued),
6 notwithstanding the fact that such damages or the detriment arising from such a material default that remains uncured as aforesaid may have actually been suffered by some other person or by the public at large. Further, Developer expressly agrees that injunctive relief and specific performance are proper pre-trial and/or post-trial remedies hereunder to assure compliance with this Agreement.
Nothing in this Section and no recovery by the City shall restrict or limit the rights or remedies of persons or entities other than the City, against Developer in connection with the same or related acts by Developer, provided that Developer shall not be subject to duplicate awards or recoveries.
The remedies set forth in this Section are cumulative and not mutually exclusive, except to the extent that their award is specifically determined t o be duplicative by final order of a court of competent jurisdiction. Further, the award of damages hereunder shall not bar the exercise of police power or other governmental powers, or the pursuit of criminal, civil , or administrative penalties by the Ci ty in connection with any material default under this Agreement that remains uncured as aforesaid. Developer acknowledges that a material default under this Agreement that remains uncured may constitute a violation of state law.
(b) Remedies At Law For Breach Of Rental Restrictions. In the event of any material default under the provisions hereof that remains uncured following thirty (30) days’ written notice to Developer from the City (or up to one hundred eighty (180) days after notice, if actions to correct the material default have been timely initiated and are, in the reasonable opinion of the City, being diligently pursued) regarding restrictions on rental of the Affordable Unit s, at the sole option of the City, the City shall be entitled to the fo llowing remedies at law to the extent they are not duplicative, the election of which shall not be required and may be revoked and/or modified until immediately prior to entry of judgment:
(1) Damages For Specific Breach . The City shall be entitled to re cover compensatory damages, at its sole option in the event of a material uncured default under the terms of this Agreement. If the material uncured default in question involves the violation of Section 13(b) above, the amount of such compensatory damages shall be the product of multiplying (A) the number of months that the material uncured default in question has continued until the time of trial or cure, whichever occurs first, by (B) the result of subtracting (i) the rents properly chargeable hereunder for the Affordable Unit (s) (ii) the rents actually collected by Developer for the Affordable Unit(s) for the months in question, as reasonably determined by the City. Developer and the City agree that it would be extremely difficult or impracticable to as certain the precise amount of actual damages accruing to the City as a result of such a material uncured default and that the foregoing formula is a fair and reasonable method of approximating such damages. The City shall be entitled to seek and to recove r damages in separate actions for successive, separate breaches, which may occur during the term of this Agreement. Further, interest shall accrue on the amount of such damages from the date of the expiration of Developer’s cure period for the material uncured breach in question at the rate of ten percent (10%) per annum or the maximum rate then allowed by law, whichever is less. Nothing in this section shall preclude the award of exemplary damages as allowed by law.
(2) Acceleration and Liquidation of Future Performance. At the sole option of the City, if any material default by Developer in the performance of its obligations under this Agreement remains uncured for more than ninety (90) days after written notice to Developer by the City specifying such breach in reasonable detail (or such longer period of time, not to exceed
7 six (6) months, as may reasonably be required for Developer to cure such breach exercising reasonable diligence), Developer’s obligation to perform hereunder may be accelerated by the City and declared immediately due through the payment of a liquidated sum. Developer and the City agree that it would be extremely difficult and impractical to predict the precise cost to the City of (i) locating a rental unit equivalent to the Afforda ble Unit, (ii) procuring such unit (through purchase, lease , or subsidies) at the rent discounts contemplated herein, (iii) performing the substantial administrative activities associated with replacing the Affordable Unit, and (iv) inflation. Therefore, Developer and the City agree that, in the event of a material default hereunder by Developer that remains uncured as aforesaid, and upon written notice from the City to Developer that the City has elected to exercise its option to accelerate and liquidate Developer’s performance hereunder in accordance with the provisions of this Section 13(b)(2), Developer shall pay, and the City shall be entitled to receive, within thirty (30) days of the City’s delivery of such written notice, in complete liquidation of the City’s future monetary damages and Developer’s future obligations under this Agreement, a lump sum payment equal to: (A) the mathematical differences between the monthly rent for a “Comparable Market Rate Unit” (as determined by the City, using statistical data for units of the same size and location at the time of the breach) and the monthly rent allowable hereunder for the Affordable Unit(s), at the date of delivery of the aforesaid written notice of election to accelerate, multiplied by (B) the numbe r of months remaining in the term of this Agreement, from and after the date of delivery of the aforesaid written notice of election to accelerate. Developer and the City agree that acceleration is a fair and reasonable remedy for non -compliance hereunder , and that the foregoing formula represents a fair and reasonable method of approximating and liquidating the future monetary obligations of Developer to the City hereunder for purposes of any such optional acceleration by the City. Further, such liquidated amount shall automatically commence to bear interest at the rate of ten percent (10%) per annum or the maximum rate then allowed by law, whichever is less, from and after the date that the City delivers to Developer the aforesaid written notice of the City’s election to accelerate Developer’s performance hereunder, until paid. Further, if Developer breaches this Section 13(b)(2), the City shall be entitled to receive all reasonable attorneys’ fees, costs of suit, title insurance charges, foreclosure cos ts, and other out -of-pocket expenses reasonably incurred in recovering such liquidated amount.
14. Monitoring Fees . Developer shall pay to the City, each year during the term of this Agreement, an annual monitoring fee, as determined by the City in schedules promulgated by the City from time to time. Failure to timely pay such fees shall constitute a material default under this Agreement.
15. General Provisions.
(a) Waiver. No provision of this Agreement, or breach of any provision, can be waived except in writing. The waiver by any party of any breach or violation of any term, covenant , or condition of this Agreement or of any provisions, ordinance or law , shall not be deemed to be a waiver of any other term, covenant, condition, ordinance , or law o r any subsequent breach o r violation of the same or of any other term, covenant, condition, ordinance, or law.
(b) Costs and Attorneys’ Fees. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs and
8 witness, expert, and attorney’s fees expended in connection with such an action from the other party.
(c) Recordation. This Agreement shall be recorded in the Office of the County Recorder of the County of San Diego senior to all monetary liens . City shall not be obligated to issues permits prior to such delivery and recordation of this Agreement.
(d) Integration. The undersigned, and each of them, acknowledge and represent that no promise or inducement not expressed in this Agreement has been made in connection with this Agreement. This Agreement contains the entire agreement and understanding between the parties as to its subject matter.
(e) Ownership of the Property. Developer represents and warrants that it is the owner of the Property and has full authority to execute this Agreement.
(f) Counterparts. This Agreement may be executed in any number of counterparts and, as so executed, the counterparts shall constitute one and the same Agreement. The parties agree that each such counterpart is an original and shall be binding upon all the parties, even though all of the parties are not signatories to the same counterpart.
(g) Notices. All notices given pursuant to this Agreement shall be in writing and sent to the party at its address appearing below (a) by certified or registered U.S. mail, return receipt requested, (b) overnight by a nationally r ecognized overnight courier such as UPS Overnight or FedEx, or (c) by personal delivery. All notices shall be effective upon receipt (or refusal to accept delivery). These addresses may be changed by any party by written notice to all other parties.
If to City: City of National City
Attention: City Manager
1243 National City Boulevard
National City, CA 91950
If to Developer: Talas LLC
10625 Scripps Ranch Blvd, Suite F
San Diego, CA 92131
(h) Exhibits and Recitals Incorporated. All exhibits referred to in this Agreement are hereby incorporated in this Agreement by this reference, regardless of whether or not the exhibits are actually attached to this Agreement. The Recitals to this Agreement are hereby incorporated in this Agreement by this reference.
(i) Further Assurances. If Developer does not receive all of the necessary permits and approvals to construct the Development, Developer and the City agree that this Agreement and the density bonus granted herein shall be null and void and of no further force and effect and Developer and the City agree to take all reasonable steps and to execute and cause to be recorded all documents reasonably necessary to remove this Agreement and the Deed of Trust from the record chain of title to the Property.
9 16. Risk of Market Conditions . Developer shall bear sole responsibility for developing, constructing, and marketing the units covered by this Agreement, pursuant to the approvals that the City has issued for the Development and the requirements contained in this Agreement. The City shall have no obligation to amend this Agreement, and the Developer shall reimburse the City for administrative costs associated with any modification of this Agreement that shall require the approval of the City Council of National City.
17. Signature Authority . All individuals signing this Agreement for a party which is a corporation, limited liability company, partnership or other legal entity, or signing under a power of attorney, or as a trustee, guardian, conservator, or in any other legal capacity, covenant to the other party hereto that he or she has the necessary capacity and authority to act for, sign, and bind the respective entity or principal on whose behalf he or she is signing.
CITY:
City of National City
By: ______________________________
Benjamin A. Martinez, City Manager
APPROVED AS TO FORM:
City Attorney
By:_____________________________
Barry J. Schultz
[SIGNATURES CONTINUED ON FOLLOWING PAGE]
10 DEVELOPER:
Talas LLC.
a California limited liability company
By: KD Plasma, LLC
a California limited liability company
Its: Manager
By: KH V, LLC
a California limited liability company
Its: Manager
By: Santa Re Family Investments, L.P.
a California Limited Partnership
Its: Manager
By: Santa Re, Inc.
a California Corporation
Its: General Partner
By: ____________________________
Joshua Santa
Its: President
11 ACKNOWLEDGMENT
State of California )
)
County of San Diego )
On ____________________, 20 24, before me, _________________________________, notary public, personally appeared __________________________________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they exec uted the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _________________________________ (Seal)
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
12 ACKNOWLEDGMENT
State of California )
)
County of San Diego )
On ____________________, 2024, before me, _________________________________, notary public, personally appeared __________________________________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _________________________________ (Seal)
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
13 EXHIBIT “A”
Legal Description
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF THE SOUTHEASTERLY QUARTER OF QUARTER SECTION OF 130 OF
RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166 MADE BY MORRILL AND ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTER LINE OF A PUBLIC STREET 80.00 FEET WIDE, WHICH IS SOUTH 71°38' WEST (RECORD SOUTH 71° WEST) 50 RODS FROM THE SOUTHEASTERLY CORNER OF SAID QUARTER SECTION 130; THENCE ALONG SAID CENTER LINE SOUTH 71°38' WEST 10 RODS; THENCE NORTH 18°12'28" WEST (RECORD NORTH 19° WEST) 330.95 FEET; THENCE NORTH 71°36' EAST (RECORD NORTH 71° EAST) 10 RODS; THENCE SOUTH 18°12'22" EAST (RECORD SOUTH 19° EAST) 330.95 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM 50 PERCENT OF ALL OIL, GAS PETROLEUM, NAPTHA AND OTHER
HYDRO-CARBON SUBSTANCES AND OF ALL MINERALS OF WHATSOEVER KIND OF NATURE IN,
UPON OR BENEATH THE PROPERTY ABOVE DESCRIBED, AS RESERVED AND EXCEPTED IN
DEED FROM FEDERAL FARM MORTGAGE CORPORATION TO LOUISE RITTER RECORDED IN BOOK 916, PAGE 479 OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THAT PORTION OF THE SOUTHERLY 330.95 FEET OF THE WEST HALF OF THE EAST HALF OF THE WEST HALF OF THE EAST HALF OF 80 ACRE LOT 2 IN QUARTER SECTION 130 OF RANCHO DE LA NACION, ACCORDING TO THE MAP THEREOF BY MORRILL NO. 166 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, LYING NORTHERLY OF A LINE PARALLEL WITH AND 30 FEET SOUTHERLY OF THE NORTHERLY LINE OF THE SOUTH HALF OF THE SOUTH HALF OF SAID 80 ACRE LOT 2.
APN: 557-140-25-00
No Fees per Government Code 6103
Recording Requested By:
National City Housing Authority
When Recorded Mail To:
National City Housing Authority
Attention: Executive Director
1243 National City Boulevard
National City, CA 91950
APN 557-140-25-00
PERFORMANCE DEED OF TRUST
(2039 East 8th Street)
THIS DEED OF TRUST is dated as of the ___ day of ________, 2024, between Talas LLC, a California limited liability company (“Trustor”), whose address is 10625 Scripps Ranch Blvd.
Suite F, San Diego , CA 9213 1, Chicago Title (“Trustee”), and the City of National City (“Beneficiary”), whose address is 1243 National City Boulevard, National City, California 91950.
TRUSTOR HEREBY irrevocably grants, transfers, and assigns to Trustee, in trust, with power of sale , all that property in the City of National City , County of San Diego, State of California, described as (“Property”):
(See Legal Description - Exhibit “A”)
FOR THE PURPOSE OF SECURING:
(1) The timely performance of the Affordable Housing Density Bonus Agreement of even date herewith (“Agreement”), between the Beneficiary and the Trustor, and any renewals, extensions, modifications or amendments to the Agreement by the Trustor and each and every covenant set forth herein; and
(2) The performance of each agreement contained in this Deed of Trust.
A. TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR AGREES:
1. Defense of Security. To appear in and defend any action or proceeding purporting to affect the security of this Deed of Trust or the rights or powers of Beneficiary or Trustee; and to pay all costs and expenses, including cost of evidence of title and attorneys’ fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear, and in any suit brought by Beneficiary to foreclose on this Deed of Trust.
2. Payment of Liens and Taxes . To pay, when due, all taxes and assessments affecting the Property, including assessments on appurtenant water stock, all encumbrances, charges, and liens, with interest, on the Property or any part of the Property, which appear to be prior or superior to this Deed of Trust, and all costs, fees, and expenses of this Deed of Trust. If Trustor fails to make any payment or to do any act as provided in this Deed of Trust, then Benef iciary or Trustee may (but is not obligated to) make the payment or do the act in the required manner and to the extent deemed necessary by Beneficiary or Trustee to protect the security of this Deed of Trust. The performance by Beneficiary or Trustee of such an act shall not require notice to or demand upon Trustor and shall not release Trustor from any obligation under this Deed of Trust. Beneficiary or Trustee shall also have the following related rights and powers: to enter upon the Property for the foregoing purposes; to appear in and defend any action or proceeding purporting to affect the security of this Deed of Trust or the rights or powers of Beneficiary or Trustee; to pay, purchase, contest, or compromise any encumbrance, charge, or lien that in the judgment of either appears to be prior or superior to this Deed of Trust; to employ counsel; and to pay necessary expenses and costs, including attorneys’ fees.
3. Reimbursement of Costs. To pay immediately and without demand all sums expended by Beneficiary or Trustee pursuant to this Deed of Trust, with interest from date of expenditure at the amount allowed by law in effect at the date of this Deed of Trust, and to pay any reasonable amount demanded by Beneficiary (up to the maximum allowed by law at the time of the demand) for any statement regarding the obligation secured by this Deed of Trust.
4. Use. That it will not permit or suffer the use of any of the Property for any purpose other than the use for which the same was intended at the time this Deed of Trust was executed.
5. Incorporation of Agreement. That the Agreement is incorporated herein by reference and made a part of this Deed of Trust.
6. Performance of Other Obligations . To perform, in a timely manner, each agreement and covenant by and between Trustor on any and all notes, loans and deeds of trust that are senior and/or junior to this Deed of Trust. A default in any of these obligations, beyond any applicable cure period, shall constitute a default under this Deed of Trust.
B. THE PARTIES AGREE THAT:
7. Waiver of Late Payments. By accepting payment of any sum secured by this Deed of Trust after its due date, Beneficiary does not waive its right either to require prompt payment when due of all other sums so secured or to declare default for failure to pay any indebtedness secured by this Deed of Trust.
8. Full Reconveyance. Upon expiration of the term of the Agreement and written request of Beneficiary, and payment of Trustee’s fees and charges, Trustee shall reconvey, without warranty, the Property then subject to this Deed of Trust. The recitals in the reconveyance shall be conclusive proof of the truthfulness of the recitals. The grantee in the reconveyance may be described as “the person or persons legally entitled thereto.”
9. Assignment of Rents . As additional security, following an uncured default beyond any applicable cure period in the Agreement, Trustor hereby gives to and confers upon Beneficiary the right, power, and authority during the continuance of this Deed of Trust, to collect the rents, issues, and profits of the Property, but reserves the right, prior to any default by Trustor in payment of any indebtedness secured by this Deed of Trust or in the performance of any agreement under this Deed of Trust, to collect and retain these rents, issues, and profits as they become due and payable.
Upon any such default beyond any applicable cure period, Benef iciary may, without notice and without regard to the adequacy of the security for the indebtedness secured by this Deed of Trust, either personally or by agent or court -appointed receiver, do the following: enter upon and take possession of the Property or any part of the Property; sue for or otherwise collect all rents, issues, and profits, including those past due and unpaid; and apply these rents, issues, and profits, less costs and expenses of operation and collection (including reasonable attorneys’ f ees), upon any indebtedness secured by this Deed of Trust, in any order determined by Beneficiary. The exercise of the foregoing rights by Beneficiary shall not cure or waive any default or notice of default under this Deed of Trust or invalidate any act done pursuant to such a notice.
10. Default and Foreclosure . Upon default under the Agreement, subject to any applicable notice and cure rights contained in the Agreement, or in the performance of any obligation under this Deed of Trust beyond any applic able cure period, Beneficiary may declare all obligations secured by this Deed of Trust immediately due and payable by delivering to Trustee a written declaration of default and demand for sale and a written notice of default and election to sell the Property. Trustee shall cause the notice of default and election to sell to be recorded. After the required time period has lapsed following the recordation of the notice of default, and after notice of sale has been given as required by law, Trustee, without further demand on Trustor, shall sell the Property at the time and place specified in the notice of sale, either as a whole or in separate parcels, and in any order determined by Trustee, at public auction to the highest bidder for cash in lawful money of the United States, payable at the time of sale. Trustee may postpone sale of all or any portion of the Property by public announcement at the time and place of sale, and from time to time thereafter may postpone the sale by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to the purchaser at the auction its deed conveying the Property sold, but without any covenant or warranty, express or implied. The recital in the deed of any matter or fact shall be conclusive proof of the truthfulness of the recital. Any person, including Trustor, Trustee, or Beneficiary, may purchase at the sale. After deducting all costs, fees, and expenses of Trustee and Beneficiary under this paragraph, including costs of procuring evide nce of title incurred in connection with sale, Trustee shall apply the proceeds of sale to payment of:
all sums expended under the terms of this Deed of Trust, not then repaid, with accrued interest at the amount allowed by law in effect at the date of th is Deed of Trust; all other sums then secured by this Deed of Trust; and the remainder, if any, to the person or persons legally entitled to the remaining proceeds.
11. Due on Sale or Further Encumbrance. Trustor shall not sell, transfer or otherwise dispose of the Property, or any portion thereof, or any interest therein unless the proposed transferee shall have executed and delivered to the Beneficiary an express written assumption of all of Trustor’s obligations hereunder this deed of trust, on a form reasonably acceptable to the Beneficiary.
Consent to one transaction of this type will not constitute a waiver of the right to acquire consent to future or successive transactions.
12. General Provisions. This Deed of Trust applies to, inures to the benefit of, and binds all parties to this Deed of Trust and their heirs, legatees, devisees, administrators, executors, successors, and assigns. The term “Beneficiary” shall mean the City of National City , and its successors and assigns. In this Deed of Trust, whenever the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes the plural.
13. Substitution of Trustees . Beneficiary, or any successor in ownership of any obligations secured by this Deed of Trust, may from time to time, by written instrument, substitute a successor or successors to any Trustee named in or acting under this Deed of Trust. The substitution instrument shall contain the name of the original Trustor, Trustee, and Beneficiary under this Deed of Trust, the book and page where this Deed is recorded, and the name and address of the new Trustee. When executed by Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or counties where the Property is situated, the substitution instrument shall be conclusive proof of proper substitution of the successor Trustee or Trustees. Any successor Trustee or Trustees shall, without conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers, and duties.
14. Cumulative Powers and Remedies . The powers and remedies conferred in this Deed of Trust are concurrent and cumulative to all other rights and remedies provided in this Deed of Trust or given by law. These powers and remedies may be exercised singly, successively, or together, and as often as deemed necessary.
15. Conclusiveness of Recitals. The recitals contained in any reconveyance, trustee’s deed, or any other instrument executed by the Trustee from time to time under the authority of this Deed of Trust or in the exercise of its powers or the performance of its duties under this Deed of Trust, shall be conclusive evidence of their truth, whether stated as specific and particular facts, or in general statements or conclusions absent manifest error. Further, the recitals shall be binding and conclusive upon the Trustor, its heirs, executors, adminis trators, successors, and assigns, and all other persons.
16. Attorneys’ Fees. If any action is brought for the foreclosure of this Deed of Trust or for the enforcement of any provision of this Deed of Trust (whether or not suit is filed), Trustor agrees to pay all costs and expenses of Beneficiary and Trustee, including reasonable attorneys’ fees; and these sums shall be secured by this Deed of Trust. The prevailing party in any litigation, including but not limited to arbitration, writ petitions, complaints, and/or actions for declaratory relief, brought to enforce, interpr et or reform the provisions of this Deed of Trust shall be entitled to reasonable attorneys’ and experts’ fees, costs and out -of-pocket expenses (whether or not considered recoverable “costs” under applicable statute) incurred in such litigation.
17. Request for Notices of Default and Sale . In accordance with Section 2924b of the California Civil Code, request is hereby made that a copy of any Notice of Default and a copy of any Notice of Sale under this Deed of Trust be mailed to:
City of National City
Attention: Executive Director
1243 National City Boulevard
National City, CA 91950
NOTICE: A copy of any notice of default and of any notice of sale will be sent only to the address contained in this recorded request. If your address changes, a new request must be recorded.
18. Inspections. Trustor shall permit Beneficiary and its agents or representatives, to inspect the Property at any and all reasonable times, upon at least 48 hours advance notice to Trustor .
Inspections shall be conducted so as not to interfere with the tenants’ use and enjoyment of the Property.
19. Hazardous Materials Defined. For purposes of this Deed of Trust, “Hazardous Materials” means and includes any flammable, explosive, or radioactive materials or hazardous, toxic or dangerous wastes, substances or related materials or any other chemicals, materials or substances, exposure to which is prohibited, limited or regulated by any federal, state, county, regional or local authority or which, even if not so regulated, may or could pose a hazard to the health and safety of the occupants of the Property or of property adjacent to the Property, including, but not limited to, asbestos, PCBs, petroleum products and byproducts, substances defined or listed as “hazardous substances” or “toxic substances” or similarly identified in, pursuant to, or for purposes of, the California Solid Waste Management, Resource Recovery and Recycling Act (California Government Code Section 66700 et seq.), the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (42 U.S.C. Section 9601, et seq.), the Hazardous Materials Transportation Act (49 U.S.C. Section 1801, et seq.), the Resource Conservation and Recovery act (42 U.S.C. Section 6901, et seq.), Section 25117 or Section 25316 of the California Health & Safety Code; and any so -called “Superfund” or “Superlien” law, or any other federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulati ng, relating to or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance or material; or any substances or mixture regulated under the Toxic Substance Control Act of 1976, as now or hereafter amended (15 U .S.C. Section 2601 et seq.); and any “toxic pollutant” under the Clean Water Act, as now or hereafter amended (33 U.S.C. Section 1251 et seq.); and any hazardous air pollutant under the Clean Air Act, as now or hereafter amended (42 U.S.C. Section 7901 et seq.). Notwithstanding the above, the term “Hazardous Materials” shall not include small amounts of chemicals, cleaning agents and the like commonly employed in routine household uses in a manner typical of occupants in other similar residential propertie s provided they are used in compliance with applicable laws. The term “Hazardous Materials Laws” means any federal, state or local law, code, statute, ordinance, rule, regulation, rule of common law or guideline relating to Hazardous Materials now or here after enacted or promulgated (collectively, and including, without limitation, any such laws which require notice of the use,
presence, storage, generation, disposal or release of any Hazardous Materials to be provided to any party).
20. Trustor’s Hazardous Materials Representations and Warranties and Indemnity. In addition to the general and specific representations, covenants and warranties set forth in the Deed of Trust or otherwise, Trustor represents, covenants and warrants, with respect to Hazardous Materials, as follows:
(a) Neither Trustor nor, to the best knowledge of Trustor ’s agent executing this Deed of Trust , any other person, has ever caused or permitted any Hazardous Materials to be manufactured, placed, held, located or disposed of on, under or at the Property or any part thereof, and neither the Property nor any part thereof, or any property adjacent thereto, has ever been used (whether by the Trustor or, to the best knowledge of the Trustor, by any other person) as a manufacturing site, dump site or storage site (whether permanent or temporary) for any Hazardous Materials;
(b) Trustor hereby agrees to indemnify Beneficiary, its officers, employees, contractors and agents, and hold Beneficiary, its officers, employees, contractors and agents harmless from and against any and all losses, liabilities, damages, injuries, costs, expenses and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against Beneficiary, its officers, employees, contractors and agent s for, with respect to, or as a direct or indirect result of, the presence or use, generation, storage, release, threatened release or disposal of Hazardous Materials on or under the Property or the escape, seepage, leakage, spill age, discharge, emission or release of any Hazardous Materials from the Property (including, without limitation, any losses, liabilities, damages, injuries, costs, expenses or claims asserted or arising under CERCLA, any so -called “Superfund” or “Superlien” law, or any other feder al, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability or standards of conduct concerning any Hazardous Materials) regardless of whether or not caused by or within the control of Tr ustor, except to the extent arising as a result of the negligence or willful misconduct of Beneficiary.
(c) Trustor has not received any notice of (i) the happening of any event involving the use, spillage, discharge, or cleanup of any Hazardous Materials (“Hazardous Discharge”) affecting Trustor or the Property or (ii) any complaint, order, citation or notice with regard to air emissions, water discharges, noise emissions or any other environmen tal, health or safety matter affecting Trustor or the Property (“Environmental Complaint”) from any person or entity, including, without limitation, the United States Environmental Protection Agency (“EPA”). If Trustor receives any such notice after the date hereof, then Trustor will give, within seven (7) business days thereafter, oral and written notice of same to Beneficiary.
(d) Without limitation of Beneficiary’s rights under this Deed of Trust, Beneficiary shall have the right, but not the obligation, to enter onto the Property or to take such other actions as it deems necessary or advisable to clean up, remove, resolve or minimize the impact of, or otherwise deal with, any such Hazardous Materials or Environmental Com plaint upon its receipt of any notice from any person or entity, including without lim itation, the EPA, asserting the existence of any Hazardous Materials or an Environmental Complaint on or pertaining to the
Property which, if true, could result in an order, suit or other action against Trustor affecting any part of the Property by any gov ernmental agency or otherwise which, in the sole opinion of Beneficiary, could jeopardize its security under this Deed of Trust. All reasonable costs and expenses incurred by Beneficiary in the exercise of any such rights shall be se cured by this Deed of Trust and shall be payable by Trustor upon demand together with interest thereon at a rate equal to the highest rate payable by law.
(e) The foregoing representation, covenants, indemnities and warranties shall be continuing and shall be true and correc t for the period from the date hereof to the release of this Deed of Trust (whether by satisfaction of the obligations secured hereby or foreclosure or action in lieu thereof), and these representations, covenants, indemnities and warranties shall survive such release.
21. Authority to Sign . All individuals signing this Deed of Trust for a party which is a corporation, limited liability company, partnership or other legal entity, or signing under a power of attorney, or as a trustee, guardian, conservator , or in any other legal capacity, covenant to the Beneficiary that they have the necessary capacity and authority to act for, sign and bind the respective entity or principal on whose behalf they are signing.
TRUSTOR:
Talas LLC.
a California limited liability company
By: KD Plasma, LLC
a California limited liability company
Its: Manager
By: KH V, LLC
a California limited liability company
Its: Manager
By: Santa Re Family Investments, L.P.
a California Limited Partnership
Its: Manager
By: Santa Re, Inc.
a California Corporation
Its: General Partner
By: ____________________________
Joshua Santa
Its: President
ACKNOWLEDGMENT
State of California )
)
County of San Diego )
On ____________________, 2024, before me, _________________________________, notary public, personally appeared __________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify un der PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _________________________________ (Seal)
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
Exhibit “A”
Legal Description
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF NATIONAL
CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF THE SOUTHEASTERLY QUARTER OF QUARTER SECTION OF 130 OF RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166 MADE BY
MORRILL AND ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTER LINE OF A PUBLIC STREE T 80.00 FEET WIDE, WHICH IS SOUTH 71°38' WEST (RECORD SOUTH 71° WEST) 50 RODS FROM THE SOUTHEASTERLY CORNER OF SAID QUARTER SECTION 130; THENCE ALONG SAID CENTER LINE SOUTH 71°38' WEST 10 RODS; THENCE NORTH 18°12'28" WEST (RECORD NORTH 19° WEST) 330.95 FEE T; THENCE NORTH 71°36' EAST (RECORD NORTH 71° EAST) 10 RODS; THENCE SOUTH 18°12'22" EAST (RECORD SOUTH 19° EAST) 330.95 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM 50 PERCENT OF ALL OIL, GAS PETROLEUM, NAPTHA AND
OTHER HYDRO-CARBON SUBSTANCES AND OF ALL MINERALS OF WHATSOEVER
KIND OF NATURE IN, UPON OR BENEATH THE PROPERTY ABOVE DESCRIBED, AS
RESERVED AND EXCEPTED IN DEED FROM FEDERAL FARM MORTGAGE CORPORATION TO LOUISE RITTER RECORDED IN BOOK 916, PAGE 479 OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THAT PORTION OF THE SOUTHERLY 330.95 FEET OF THE WEST HALF OF THE EAST HALF OF THE WEST HALF OF THE EAST HALF OF 80 ACRE LOT 2 IN QUARTER SECTION 130 OF RANCHO DE LA NACION, ACCORDING TO THE MAP THEREOF BY MORRILL NO. 166 ON FILE IN THE OFFICE OF T HE COUNTY
RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, LYING NORTHERLY OF A LINE PARALLEL WITH AND 30 FEET SOUTHERLY OF THE NORTHERLY LINE OF THE SOUTH HALF OF THE SOUTH HALF OF SAID 80 ACRE LOT 2.
APN: 557-140-25-00
RESOLUTION NO. 2024-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA ,
APPROVING AN AFFORDABLE HOUSING DENSITY BONUS AGREEMENT AND RELATED
DOCUMENTS WITH TALAS LLC, A CALIFORNIA LIMITED PARTNERSHIP, RESTRICTING THE RENT AND OCCUPANCY OF THREE (3) UNITS TO VERY LOW-INCOME HOUSEHOLDS IN EXCHANGE FOR THE DENSITY BONUS AND ONE (1) INCENTIVE PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTIONS 65915 – 65918 FOR THE DEVELOPMENT OF 48 HOUSING UNITS LOCATED AT 2039 E 8TH STREET IN NATIONAL CITY
WHEREAS, Talas LLC, a California Limited Partnership (“Developer”), is developing the property located at 2039 E 8th Street; and
WHEREAS, current zoning allows for the construction of 47 units by right and the developer has requested a density bonus; and
WHEREAS, the Developer agreed to restrict the rent and occupancy of three (3) units to very low income households (below 50% of Area Median Income) in exchange for one (1) bonus unit and one (1) incentive allowing for a deviation from public and private open space requirements, mandated by California Government Code Sections 65915 – 65918; and
WHEREAS, the Affordable Housing Density Bonus Agreement (“Agreement”) will serve to memorialize the Developer’s obligation to provide the three (3) affordable units and the restriction of the affordable units by the recordation of this Agreement assuring affordability for a total of fifty- five (55) years; and
WHEREAS, a Performance Deed of Trust will also be recorded to secure the Agreement on the property.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: The City Council hereby approves the Affordable Housing Density Bonus Agreement with Talas LLC restricting the rent and occupancy of three (3) units to very low-income households in exchange for one (1) bonus unit and one (1) incentive pursuant to California Government Code Sections 65915 – 65918 for the development of 48 housing units located at 2039 E 8th Street in National City. The incentive selected is to remove the private open space requirement for the project.
Section 2: The City Council also hereby approves the Performance Deed of Trust with Talas LLC for the property located at 2039 E 8th Street.
Section 3: The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolutions.
PASSED and ADOPTED this 6th day of August 2024.
Ron Morrison, Mayor
ATTEST:
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
Barry J. Schultz, City Attorney
AGENDA REPORT
Department: Fire Department
Prepared by: Walter Amedee, Emergency Manager
Meeting Date: Tuesday, August 6, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
Agreement Between the City of San Diego Office of Emergency Services and the City of National City for the Distribution of FY23 Urban Area Security Initiative (UASI) Grant Funds.
RECOMMENDATION:
Adopt the Resolution Entitled, “Resolution of the City Council of th e City of National City, California, (1) Authorizing the Mayor to Execute an Agreement Between the City of San Diego Office of Emergency Services and the City of National City and (2) Authorizing the Establishment of an Appropriation and Corresponding Revenue Budget in the Amount of $53,452 from the Fiscal Year 2023 Urban Area Security Initiative (“UASI”) Grant Funds for the Purchase of Trainings for the National City Police and Fire Departments.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
This Agreement documents the roles, responsibilities, and expectations at the local, state, and federal levels and ensures that the City of National City, as a participant in the program, agrees to meet state and federal requirem ents. The UASI grant provides funding for equipment, planning, and training needed to respond to natural or man-made disasters or terrorism incidents that may occur in the San Diego urban area. This grant program requires the City to incur expenses for t raining for police and fire personnel, and then apply for reimbursement. This Agreement requires sub recipient indemnification and as such needs Council approval.
This request authorizes the establishment of an appropriation and corresponding revenue budget in the amount of $ 53,452.00 from the FY23 UASI Grant Funds. The appropriation will be used for Basic Close Quarters Training for SWAT personnel, Fresno Training Symposium, Low Angle Rope Rescue Operations, and Rope Rescue Technician Training for Fire personnel.
The performance period for this grant is September 1, 2023 through May 31, 2027.
FINANCIAL STATEMENT:
If approved, budget adjustments would be made in the Reimbursable Grants fund in the following accounts:
Expenditure Accounts:
282-70-21-21719-7226- Training - $42,000.00 (Police)
282-70-22-22719-7226- Training - $11,452.00 (Fire)
Revenue Accounts:
282-70-21-21719-3463- Other State Grants - $42,000.00 (Police) 282-70-22-22719-3463- Other State Grants - $11,452.00. (Fire) No City match required.
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:
The Agenda Report was posted within 72 hours of the meeting date and time in accordance with the Ralph M. Brown Act.
ORDINANCE:
Not Applicable
EXHIBITS:
Exhibit A - Agreement
Exhibit B - Resolution
FY 23 UASI – SUBRECIPIENT Page 1 of 22 September 1, 2023
AGREEMENT BETWEEN THE CITY OF
SAN DIEGO OFFICE OF EMERGENCY SERVICES AND THE
___________________________________
FOR THE DISTRIBUTION OF FY 2023 UASI GRANT FUNDS
THIS AGREEMENT is made this day of ____
______________, 2024 in the City and County of San
Diego, State of California, by and between the _____________________________(“SUBRECIPIENT") and the CITY OF SAN DIEGO, a municipal corporation (“San Diego" or "City"), in its capacity as fiscal agent for the Approval Authority, as defined below, acting by and through the San Diego Office of Emergency Services (“SD OES”), also referred to as the San Diego Office of Emergency Services (“SD OES”).
RECITALS
WHEREAS, The United States Department of Homeland Security (“DHS”) designated San Diego as an eligible high risk urban area through an analysis of relative risk of terrorism, the San Diego Urban Area (“SDUA”) was established for the purpose of application for and allocation and distribution of federal Urban Areas Security Initiative (“UASI”) program grant funds; and WHEREAS, The Urban Area Working Group (“UAWG”), a collaborative subcommittee established by the San Diego County Unified Disaster Council, was established as the Approval Authority for the SDUA, to provide overall governance of the Homeland Security Grant Program across the SDUA, to coordinate development and implementation of all UASI program initiatives, and to ensure compliance with all UASI program requirements; and
WHEREAS, The City of San Diego Office of Emergency Services (“SD OES”), as the “core city” for the SDUA, will serve as the chair and the UASI Grant Administrator, and SD OES Program Manager is responsible for implementing and managing the policy and program decisions of the Approval Authority, directing the work of the UASI Management Team personnel, and performing other duties as determined and directed by the Approval Authority, and
WHEREAS, San Diego has been designated as the grantee for UASI funds granted by the DHS through the California Office of Emergency Services (“Cal OES”) to the SDUA, with responsibility to establish procedures and execute subgrant agreements for the distribution of UASI program grant funds to jurisdictions selected by the Approval Authority to receive grant funding; and WHEREAS, San Diego has been designated to serve as the fiscal agent for the Approval Authority, and to establish procedures and provide all financial services for distribution of UASI program grant funds within the SDUA; and
WHEREAS, Pursuant to grant allocation decisions by the Approval Authority, the UASI Management Team has asked San Diego to distribute a portion of the regional UASI grant funds to SUBRECIPIENT on the terms and conditions set forth herein;
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained in this Agreement and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows:
CITY OF NATIONAL CITY
CITY OF NATIONAL CITY
FY 23 UASI – SUBRECIPIENT Page 2 of 22 September 1, 2023 ARTICLE 1
DEFINITIONS
1.1 Specific Terms. Unless the context requires otherwise, the following capitalized terms (whether singular or plural) shall have the meanings set forth below:
(a)
“ADA” shall mean the Americans with Disabilities Act (including all rules and regulations there under) and all other applicable federal, state and local disability rights legislation, as the same may be amended, modified or supplemented from time to time. (b)
“Authorized Expenditures” shall mean expenditures for those purposes identified and budgeted in the SUBRECIPIENT Award Letter (Appendix A) and/or approved modification. (c)
“Event of Default” shall have the meaning set forth in Section 7.1. (d)
“Fiscal Quarter” shall mean each period of three calendar months commencing on July 1, October 1, January 1, and April 1, respectively.
(e)
“Grant Funds” shall mean any and all funds allocated or disbursed to SUBRECIPIENT (UEI #: ) under this Agreement. This Agreement shall specifically cover funds allocated or disbursed from Cal OES Grant No. 2023-0042, Cal OES ID No. 073-66000, CFDA No. 97.067, per Cal OES award notice dated October 18, 2023.
(f)
“Grant Plan” shall mean the plans, performances, events, exhibitions, acquisitions or other activities or matter, and the budget and requirements, described in the approved Financial Management Forms Workbook (FMFW). If SUBRECIPIENT requests any modification to the Grant Plan, SUBRECIPIENT shall submit a written request to the SD OES Program Manager with the following information: Scope of change requested, reason for change, proposed plan for change, summary of approved and requested modifications to the Grant Plan, and any necessary approvals in support of change (e.g., EHP).
(g)
“Indemnified Parties” shall mean: (i) San Diego, including all commissions, departments including OES, agencies, and other subdivisions of San Diego; (ii) San Diego’s elected officials, directors, officers, employees, agents, successors, and assigns; and (iii) all persons or entities acting on behalf of the foregoing.
(h)
“Losses” shall mean any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, judgments, fees, expenses and costs of whatsoever kind and nature (including legal fees and expenses and costs of investigation, of prosecuting or defending any Loss described above) whether or not such Loss be founded or unfounded, of whatsoever kind and nature. (i) “Reimbursement Request” shall have the meaning set forth in Section 3.10(a). (j) “Simplified Acquisition Threshold” means the dollar amount below which a non- Federal entity may purchase property or services using small purchase methods. (k) “UASI Managem
ent Team” shall mean The SD OES Program Manager, Program Coordinator, as well as project, grant, and administrative staff. The Program Manager appoints members to the Management Team to implement the policies of the UAWG. (l) “Pass-through entity” shall mean a n
on-Federal entity that provides a sub award to a
subrecipient to carry out part of a Federal Program.
FY 23 UASI – SUBRECIPIENT Page 3 of 22 September 1, 2023
1.2 Additional Terms. The terms “as directed,” “as required” or “as permitted” and similar terms shall refer to the direction, requirement, or permission of City. The terms “sufficient,” “necessary” or “proper” and similar terms shall mean sufficient, necessary or proper in the sole judgment of City. The terms “approval,” “acceptable” or “satisfactory” or similar terms shall mean approved by, or acceptable or satisfactory to, City. The terms “include,” “included” or “including” and similar terms shall be deemed to be followed by the words “without limitation.” The use of the term “subcontractor,” “successor” or “assign” herein refers only to a subcontractor, successor or assign expressly permitted under Article 8.
1.3 References to this Agreement. References to this Agreement include: (a) any and all appendices, exhibits, schedules, and attachments hereto; (b) any and all statutes, ordinances, regulations or other documents expressly incorporated by reference herein; and (c) any and all amendments, modifications or supplements hereto made in accordance with Section 10.2. References to articles, sections, subsections or appendices refer to articles, sections or subsections of or appendices to this Agreement, unless otherwise expressly stated. Terms such as “hereunder,” “herein” or “hereto” refer to this Agreement as a whole.
1.4 Reference to laws. Any reference in this Agreement to a federal or state statute, regulation, executive order, requirement, policy, guide, guideline, information bulletin, or instruction shall mean that statute, regulation, executive order, requirement, policy, guide, guideline, information bulletin, or instruction as is currently in effect and as may be amended, modified or supplemented from time to time.
ARTICLE 2
ALLOCATION AND CERTIFICATION OF GRANT FUNDS;
LIMITATIONS ON SAN DIEGO’S OBLIGATIONS
2.1 Risk of Non-Allocation of Grant Funds. This Agreement is subject to all federal and state grant requirements and guidelines, including DHS and Cal OES requirements, guidelines, information bulletins, and instructions, the decision-making of the Cal OES and the Approval Authority, the terms and conditions of the grant award; the approved application, and to the extent applicable the budget and fiscal provisions of the San Diego City Charter. The Approval Authority shall have no obligation to allocate or direct disbursement of funds for this Agreement in lieu of allocations for new or other agreements.
SUBRECIPIENT acknowledges and agrees that grant decisions are subject to the discretion of the Cal OES and Approval Authority. Further, SUBRECIPIENT acknowledges and agrees that the City shall have no obligation to disburse grant funds to SUBRECIPIENT until City and SUBRECIPIENT have fully and finally executed this Agreement. SUBRECIPIENT acknowledges and agrees that if it takes any action, informal or formal, to appropriate, encumber or expend Grant Funds before final allocation decisions by Cal OES and the Approval Authority, and before this Agreement is fully and finally executed, it assumes all risk of possible non-allocation or non-reimbursement of funds, and such acknowledgement and agreement is part of the consideration of this Agreement.
2.2 Certification of Controller; Guaranteed Maximum Costs. No funds shall be available under this Agreement without prior written authorization certified by the San Diego Chief Financial Officer as set forth in Section 39 of the City of San Diego City Charter:
“No contract, agreement, or other obligation for the expenditure of public funds shall be entered into by any officer of the City and no such contract shall be valid unless the Chief Financial Officer shall certify in writing that there has been made an appropriation to cover the expenditure and that there remains a sufficient balance to meet the demand thereof.”
FY 23 UASI – SUBRECIPIENT Page 4 of 22 September 1, 2023 ARTICLE 3
PERFORMANCE OF THE AGREEMENT
3.1 Duration of Term. The term of this Agreement shall commence on SEPTEMBER 1, 2023 and shall end at 11:59 p.m. San Diego time on MAY 31, 2027.
3.2 Maximum Amount of Funds. In no event shall the amount of Grant Funds disbursed hereunder exceed the amount awarded under the SUBRECIPIENT Award letter (Appendix A), Training and Exercise Participation Award Letter and/or approved modification. The City will not automatically transfer Grant Funds to SUBRECIPIENT upon execution of this Agreement. SUBRECIPIENT must submit a Reimbursement Request under Section 3.10 of this Agreement, approved by the UASI Management Team and City, before the City will disburse Grant Funds to SUBRECIPIENT.
3.3 Use of Funds.
(a)
General Requirements. SUBRECIPIENT shall use the Grant Funds received under this Agreement for the purposes and in the a
mounts set forth in the Grant Plan. SUBRECIPIENT shall not use or expend Grant Funds for any other purpose, including but not limited to, for matching funds for other federal grants/cooperative agreements, lobbying or intervention in federal regulatory or adjudicatory proceedings, or to sue the federal government or any other government entity. SUBRECIPIENT shall not permit any federal employee to receive Grant Funds.
(b)
Modification of Grant Plan. Under Sections 1.1(f) and 10.2 of this Agreement, SUBRECIPIENT may submit a written
request to modify the Grant Plan. SUBRECIPIENT shall not appropriate, encumber or expend any additional or reallocated Grant Funds pursuant to such a request for modification until the SD OES Program Manager or designee has provided written approval for the request. In addition, if the modification request requires approval from the Approval Authority and/or Cal OES, as determined by the SD OES Program Manager, SUBRECIPIENT shall not appropriate, encumber or expend any additional or reallocated Grant Funds pursuant to the modification request without approval from the Approval Authority and/or Cal OES. (c)
No Supplanting. SUBRECIPIENT shall use Grant Funds to supplement existing funds, and not repla
ce (supplant) funds that have been appropriated for the same purpose. (d)
Obligations. SUBRECIPIENT must expend Grant Funds in a timely manner consistent with the grant milestones, guidance and assurance
s; and make satisfactory progress toward the goals,
objectives, milestones and deliverables in this Agreement. (e)
Subawards. SUBRECIPENT is not an authorized pass-through entity and is not authorized to
make any subawards of Grant Funds.
3.4 Standard Assurances; Other Requirements; Cooperation with Monitoring. (a)
SUBRECIPIENT shall comply with all Standard Assurances included in Appendix B, attached hereto and incor
porated by reference as though fully set forth herein.
(b)
In addition to complying with all Standard Assurances, SUBRECIPIENT shall comply with all applicable statutes
, regulations, executive orders, requirements, policies, guides, guidelines, information bulletins, Cal OES grant management memos, and instructions; the terms and conditions of the grant award; the approved application, and any conditions imposed by Cal OES or the Approval Authority. SUBRECIPIENT shall require and ensure that all contractors and other entities receiving Grant Funds from SUBRECIPIENT comply with all applicable statutes, regulations, executive orders,
FY 23 UASI – SUBRECIPIENT Page 5 of 22 September 1, 2023 requirements, policies, guides, guidelines, information bulletins, Cal OES grant management memos, and instructions; the terms and conditions of the grant award; the approved application, and any conditions imposed by Cal OES or the Approval Authority.
(c) SUBRECIPIENT shall promptly comply with all standards, specifications and formats of San Diego and the UASI Management Team, as they may from time to time exist, related to evaluation, planning and monitoring of the Grant Plan and compliance with this Agreement. SUBRECIPIENT shall cooperate in good faith with San Diego and the UASI Management Team in any evaluation, inspection, planning or monitoring activities conducted or authorized by DHS, Cal OES, San Diego or the UASI Management Team. For ensuring compliance with non-supplanting requirements, upon request by City or the UASI Management Team, SUBRECIPIENT shall supply documentation certifying that a reduction of non-federal resources occurred for reasons other than the receipt or expected receipt of Grant Funds.
3.5 Administrative, Programmatic and Financial Management Requirements. SUBRECIPIENT shall establish and maintain administrative, programmatic and financial management systems and records in accordance with federal and State of California requirements. This provision requires, at a minimum, that SUBRECIPIENT comply with the following non-exclusive list of regulations commonly applicable to DHS grants, as applicable to this Agreement and the Grant Plan:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines: Government cost principles, uniform administrative requirements, and audit
requirements for federal grant programs are set forth
in Title 2, Part 200 of the
Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.
whitehouse.gov/omb/.
3.6 Technology
Requirements.
(a)
National Information Exchange Model ("NIEM"). SUBRECIPIENT shall use the latest NIEM specifications and g
uidelines regarding the use of Extensible Markup Language ("XML") for all awards of Grant Funds.
(b)
Geospatial Guidance. SUBRECIPIENT is encouraged to use Geospatial technologies, which can ca
pture, store, analyze, transmit and/or display location-based information (i.e., information linked to a latitude and longitude), and to align any geospatial activities with the guidance available on the Federal Emergency Management Agency (“FEMA”) website.
(c)
Criminal Intelligence Systems Operating Policies. Any information technology system funded or
supported by Grant Funds shall comply with 28 CFR Part 23, Criminal Intelligence Systems Operating Policies, if applicable.
(d)
SUBRECIPIENT is encouraged to use the DHS guidance in Best Practices for Governm
ent Use of CCTV: Implementing the Fair Information Practice Principles, if Grant Funds are used to purchase or install closed circuit television (CCTV) systems or to support operational CCTV systems.
FY 23 UASI – SUBRECIPIENT Page 6 of 22 September 1, 2023
3.7 Procurement Requirements.
(a)
General Requirements. SUBRECIPIENT shall follow its own procurement requirements as long as tho
se requirements comply with all applicable federal and State of California statutes, regulations, requirements, policies, guides, guidelines and instructions. (b)
Contract Provisions. All contracts made by the SUBRECIPIENT using Grant Funds must contain the applicable contract claus
es described in Appendix II to the Uniform Rules (Contract Provisions for non-Federal Entity Contract Under Federal Awards). 2C.F.R. § 200.327. (b)
Specific Purchases. If SUBRECIPIENT is using Grant Funds to purchase interoperable communication equi
pment, SUBRECIPIENT shall consult DHS’s SAFECOM’s coordinated grant guidance, which outlines standards and equipment information to enhance interoperable communication.
If SUBRECIPIENT is using Grant Funds to acquire critical emergency supplies, prior to expending any Grant Funds, SUBRECIPIENT shall submit to the UASI Management Team for approval by Cal OES a viable inventory management plan, an effective distribution strategy, sustainment costs for such an effort, and logistics expertise to avoid situations where funds are wasted because supplies are rendered ineffective due to lack of planning.
(c)
Bond Requirement. SUBRECIPIENT shall obtain a performance bond for any equipment items over the simplified acquisition thresh
old (2C.F.R. § 200.320) or any vehicle, aircraft or
watercraft financed with Grant Funds (2 CFR § 300.326.). (d)
Non-Competitive Procurement Requirements. UASI Management Team prior approval is required for any procurement made without advertisement or a competitive process or single response to a request for proposal/bid, regardless of dollar amount,
this includes sole source procurements.
SUBRECIPIENT shall submit a Non-Competitive Procurement Authorization request to the UASI Management Team for approval prior to expending any grant funds. Additionally, SUBRECIPT shall submit a Non-Competitive Procurement Request to the UASI Management Team for CalOES approval for any non-competitive procurement over the simplified acquisition threshold (2C.F.R. § 200.320). (e)
Federal Schedules. SUBRECIPENT shall submit a Federal Schedule Procurement Authorization
request to the UASI Management Team for approval to procure using the Federal supply schedule, prior to expending any grant funds.
(f) "Prohibiti
ons on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services Re
cipients and subrecipients of FEMA federal financial assistance are subject to the prohibitions described in section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115-232 (2018) and 2 C.F.R. §§ 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. Beginning August 13, 2020, the statute – as it applies to FEMA recipients, subrecipients, and their contractors and subcontractors – prohibits obligating or expending federal award funds on certain telecommunications and video surveillance products and contracting with certain entities for national security reasons.
3.8 Contractor Requirements.
(a)
SUBRECIPIENT shall ensure and independently verify that any contractor or other entity receiving Gra
nt Funds from SUBRECIPIENT is not debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs, under Executive Orders 12549 and 12689, as implemented at 2 CFR Part 3000. SUBRECIPIENT shall obtain documentation of eligibility before disbursing Grant Funds to any contractor or other entity. SUBRECIPIENT shall maintain documentary proof of this verification in its files. SUBRECIPIENT shall establish procedures for the effective use of
FY 23 UASI – SUBRECIPIENT Page 7 of 22 September 1, 2023 the “Excluded Parties List System,” to assure that it does not provide Grant Funds to excluded parties.
SUBRECIPIENT shall also establish procedures to provide for effective use and/or dissemination of the list to assure that its contractors, at any tier do not make awards in violation of the non-procurement debarment and suspension common rule.
(b) SUBRECIPIENT shall ensure that any cont ractor or other entity receiving Grant Funds from SUBRECIPIENT complies with the requirements of 44 CFR Part 18, New Restrictions on Lobbying; and
(c) SUBRECIPIENT shall ensure that any contractor or other entity receiving Grant Funds from SUBRECIPIENT complies with the requirements of 2 CFR Part 3001.1, Requirements for Drug- Free Workplace (Financial Assistance).
3.9 Monitoring Grant Performance.
(a)
City and the UASI Management Team are both authorized to perform periodic monitoring re
views of SUBRECIPIENT’s performance under this Agreement, to ensure that the Grant Plan goals, objectives, performance requirements, timelines, milestone completion, budgets and other criteria are being met. Programmatic monitoring may include the Regional Federal Preparedness Coordinators, or other federal or state personnel, when appropriate. Monitoring may involve a combination of desk-based reviews and on-site monitoring visits, inspection of records, and verifications of grant activities. These reviews will involve a review and analysis of the financial, programmatic, performance and administrative issues relative to each program and will identify areas where technical assistance and other support may be needed. The reviews may include, but are not limited to:
1. Evaluating eligibility of expenditures;
2. Comparing actual grant activities to tho
se approved by the Approval Authority and
specified in the Grant Plan;
3. Ensuring t
hat any advances have been deposited in an interest bearing account and disbursed in a
ccordance with applicable guidelines; and
4. Confirming compliance with: Standard Assurances; information pr ovided on
performance
reports and payment requests; and needs and threat assessments and strategies.
(b)
SUBRECIPIENT is responsible for monitoring and auditing the grant activities of any contractor or
other entity receiving Grant Funds through or from SUBRECIPIENT. This requirement includes but is not limited to mandatory on-site verification visits. (c)
If after any monitoring review, the DHS or Cal OES makes findings that require a Corrective A
ction Plan by SUBRECIPIENT, the City shall place a hold on all Reimbursement Requests from SUBRECIPIENT until the findings are resolved.
3.10 Disbursement Procedures. San Diego shall disburse Grant Funds to SUBRECIPIENT as follows:
(a)
SUBRECIPIENT shall submit to the UASI Management Team, in the manner specified for notices pursuant to Article 9, a document ("Reimbursement Re quest") substantially in the form
attached as Appendix C, attached hereto and incorporated by reference as though fully set forth herein.
The UASI Management Team shall serve as the primary contact for SUBRECIPIENT regarding any Reimbursement Request.
FY 23 UASI – SUBRECIPIENT Page 8 of 22 September 1, 2023 (b) The UASI Management Team will review all Reimbursement Requests for compliance with this Agreement and all applicable guidelines and requirements. The UASI Management Team will return to SUBRECIPIENT any Reimbursement Request that is submitted and not approved by the UASI Management Team, with a brief statement of the reason for the rejection of the Reimbursement Request. (d) If a rejection relates only to a portion of the expenditures itemized in any Reimbursement Request, City shall have no obligation to disburse any Grant Funds for any other expenditures itemized in such Reimbursement Request unless and until SUBRECIPIENT submits a Reimbursement Request that is in all respects acceptable to the UASI Management Team. (e) If SUBRECIPIENT is not in compliance with any provision of this Agreement, City may withhold disbursement of Grant Funds until SUBRECIPIENT has taken corrective action and currently complies with all terms and conditions of the Agreement.
3.11 Disallowance . SUBRECIPIENT agrees that if it claims or receives reimbursement from City for an expenditure that is later disallowed by the State of California or the federal government, SUBRECIPIENT shall promptly refund the disallowed amount to City upon City’s written request. At its option, City may offset all or any portion of the disallowed amount against any other payment due to SUBRECIPIENT hereunder or under any other Agreement with SUBRECIPIENT. Any such offset with respect to a portion of the disallowed amount shall not release SUBRECIPIENT from SUBRECIPIENT’s obligation hereunder to refund the remainder of the disallowed amount.
3.12 Sustainability. Grant Funded programs that contain continuing personnel and operating expenses, over and above planning and implementation costs, must be sustained once the Grant Funding ends. If Equipment is purchased with grant funds the equipment must be sustained through the useful life of equipment. By executing this Agreement, SUBRECIPIENT acknowledges its responsibility and agrees to sustain continuing programs beyond the Grant Funding period. SUBRECIPIENT acknowledges and agrees that this sustainability requirement is a material term of the Agreement.
3.13 EHP Requirements.
(a)
Grant Funded projects must comply with the federal Environmental and Historic Preservation ("EHP") program. SUB
RECIPIENT shall not initiate any project with the potential to impact environmental or historic properties or resources until Cal OES and FEMA have completed EHP reviews and approved the project. Examples of projects that may impact EHP resources include: communications towers, physical security enhancements, new construction, and modifications to buildings, structures and objects that are 50 years old or greater. SUBRECIPIENT shall notify the UASI Management Team of any project that may require an EHP review. SUBRECIPIENT agrees to provide detailed project information to FEMA, Cal OES and/or the UASI Management Team, to cooperate fully in the review, and to prepare any documents requested for the review. SUBRECIPIENT shall comply with all conditions placed on the project as the result of the EHP review, and implement any treatment or mitigation measures deemed necessary to address potential adverse impacts. With prior approval of the UASI Management Team, SUBRECIPIENT may use Grant Funds toward the costs of preparing documents and/or implementing treatment or mitigation measures. Any change to the approved project scope of work will require re-evaluation for compliance with EHP requirements. If ground disturbing activities occur during project implementation, SUBRECIPIENT shall notify the UASI Management Team and ensure monitoring of ground disturbance. If any potential archeological resources are discovered, SUBRECIPIENT shall immediately cease construction in that area and notify the UASI Management Team, which will notify the appropriate State Historic Preservation Office. If SUBRECIPIENT is using Grant Funds for a communication tower project, SUBRECIPIENT shall complete its Federal Communication Commission (“FCC”) EHP process before preparing its Cal OES/FEMA EHP materials, and shall include the FCC EHP materials in the Cal OES/FEMA submission.
FY 23 UASI – SUBRECIPIENT Page 9 of 22 September 1, 2023 (b) Any construction or other project that SUBRECIPIENT initiates without the necessary EHP review and approval will not be eligible for reimbursement. Failure of SUBRECIPIENT to meet federal, State, and local EHP requirements, obtain applicable permits, or comply with any conditions that may be placed on the project as the result of FEMA’s and/or Cal OES's EHP review will result in the denial of Reimbursement Requests.
3.14 National Energy Conservation Policy and Energy Policy Acts. SUBRECIPIENT shall comply with the following requirements:
(a)
Grant Funds may not be used in contravention of the Federal buildings performance and reporting requirements of Executive Order 13123, pa
rt 3 of Title V of the National Energy Conservation
Policy Act (42 USC §8251 et seq.), or Subtitle A of Title I of the Energy Policy Act of 2005; and (b)
Grant Funds may not be used in contravention of Section 303 of the Energy Policy Act of 1992
(42 USC §13212).
3.15 Royalty-Free License. SUBRECIPIENT understands and agrees that FEMA reserves a royalty- free, non-exclusive and irrevocable license to reproduce, publish or otherwise use, and authorize others to use, for federal government purposes: (a) the copyright in any work developed using Grant Funds; and (b) any rights of copyright that SUBRECIPIENT purchases or acquires using Grant Funds. SUBRECIPIENT shall consult with the UASI Management Team and FEMA regarding the allocation of any patent rights that arise from, or are purchased with, Grant Funds.
3.16 Publication Statements. SUBRECIPIENT shall ensure that all publications created or developed under this Agreement prominently contain the following statement: “This document was prepared under a grant from the Federal Emergency Management Agencies Grant Programs Directorate (FEMA/GPD) within the US Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of FEMA/GPD or the US Department of Homeland Security.”
3.17 Performance Period. SUBRECIPIENT shall ensure that hard copies of all reimbursement requests and supporting documentation will be submitted to the UASI Management Team postmarked no later than the Reimbursement Claim Due Date identified in the Subrecipient Award Letter (Attachment A). Extension requests may be granted based on extenuating circumstances beyond the control of the subrecipient and must be made via the Performance Period Extension Request Form (Appendix D).
Requests must contain specific and compelling justifications as to why an extension is required and must be submitted 30 days prior to the current deadline.
ARTICLE 4
REPORTING REQUIREMENTS; AUDITS
4.1 Regular Reports. SUBRECIPIENT shall provide, in a prompt and timely manner, financial, operational and other reports, as requested by the UASI Management Team, in form and substance satisfactory to the UASI Management Team. Such reports, including any copies, shall be submitted on recycled paper and printed on double-sided pages, to the maximum extent possible.
4.2 Notification of Defaults or Changes in Circumstances. SUBRECIPIENT shall notify the UASI Management Team and City immediately of (a) any Event of Default or event that, with the passage of time, would constitute an Event of Default; (b) any change of circumstances that would cause any of the representations or warranties contained in Article 5 to be false or misleading at any time during
FY 23 UASI – SUBRECIPIENT Page 10 of 22 September 1, 2023 the term of this Agreement; and (c) any change of circumstances or events that would cause SUBRECIPIENT to be out of compliance with the Standard Assurances in Appendix B.
4.3 Books and Records. SUBRECIPIENT shall establish and maintain accurate files and records of all aspects of the Grant Plan and the matters funded in whole or in part with Grant Funds. Without limiting the scope of the foregoing, SUBRECIPIENT shall establish and maintain accurate financial books and accounting records relating to Authorized Expenditures and to Grant Funds received and expended under this Agreement, together with all invoices, documents, payrolls, time records and other data related to the matters covered by this Agreement, whether funded in whole or in part with Grant Funds. SUBRECIPIENT shall maintain all of the files, records, books, invoices, documents, payrolls and other data required to be maintained under this Section in a readily accessible location and condition for a period of not less than three (3) years after expiration of this Agreement or until any final audit by Cal OES has been fully completed, whichever is later.
4.4 Inspection and Audit. SUBRECIPIENT shall make available to the UASI Management Team, and to UASI Management Team and City employees and authorized representatives, during regular business hours, all of the files, records, books, invoices, documents, payrolls and other data required to be established and maintained by SUBRECIPIENT under Section 4.3, and allow access and the right to examine those items. SUBRECIPIENT shall permit the UASI Management Team and City, and UASI Management Team and City employees and authorized representatives, to inspect, audit, examine and make excerpts and transcripts from any of the foregoing. The rights of the UASI Management Team and City pursuant to this Section shall remain in effect so long as SUBRECIPIENT has the obligation to maintain such files, records, books, invoices, documents, payrolls and other data under this Article 4. The DHS, the Comptroller General of the United States or designee, and Cal OES shall have the same inspection and audit rights as the City and UASI Management Team. SUBRECIPIENT shall cooperate with any federal or state audit.
4.5 Audit Report. If the amount specified in Section 3.2 of this agreement is $750,000 or more, SUBRECIPIENT shall submit an organization-wide financial and compliance audit report. The audit must be performed in accordance with GAO’s Government Auditing Standards, and 2 CFR Part 200 Subpart F - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. SUBRECIPIENT shall submit its audit report to the UASI Management Team no later than six months after the end of SUBRECIPIENT’s fiscal year.
ARTICLE 5
REPRESENTATIONS AND WARRANTIES
SUBRECIPIENT represents and warrants each of the following as of the date of this Agreement and at all times throughout the term of this Agreement:
5.1 No Misstatements. No document furnished or to be furnished by SUBRECIPIENT to the UASI Management Team in connection with this Agreement, any Reimbursement Request or any other document relating to any of the foregoing, contains or will contain any untrue statement of material fact or omits or will omit a material fact necessary to make the statements contained therein not misleading, under the circumstances under which any such statement shall have been made.
5.2 Eligibility to Receive Federal Funds. By executing this Agreement, SUBRECIPIENT certifies that it is eligible to receive federal funds, and specifically certifies as follows:
(a)
SUBRECIPIENT is not suspended, debarred or otherwise excluded from participation in federal assistance programs, as required by Executive Order 12549 and 12689, “Debarment and Suspension” and implemented at 2 CFR Part 3000.
FY 23 UASI – SUBRECIPIENT Page 11 of 22 September 1, 2023 (b) SUBRECIPIENT complies with 31 U.S.C. §1352, Limitation on use of appropriated funds to influence federal contracting and financial transactions, as implemented at 44 CFR Part 18 and 6 CFR Part 9.
(c) SUBRECIPIENT complies with the Drug-Free Workplace Act of 1988, as amended, 41 U.S.C. §701 et seq., as implemented in 2 CFR Part 3001, and will continue to provide a drug-free workplace as required under that Act and implementing regulations. (d) SUBRECIPIENT is not delinquent in the repayment of any federal debt. See OMB Circular A-129.
SUBRECIPIENT acknowledges that these certifications of eligibility to receive federal funds are material terms of the Agreement.
5.3 NIMS Compliance. To be eligible to receive Grant Funds, SUBRECIPIENT must meet National Incident Management System ("NIMS") compliance requirements. By executing this Agreement, SUBRECIPIENT certifies that it is in full NIMS compliance. SUBRECIPIENT acknowledges that this certification is a material term of the Agreement.
ARTICLE 6
INDEMNIFICATION AND GENERAL LIABILITY
6.1 Indemnification. SUBRECIPIENT shall indemnify, protect, defend and hold harmless each of the Indemnified Parties from and against any and all Losses arising from, in connection with or caused by SUBRECIPIENT’s performance of this Agreement, including, but not limited to, the following: (a) a material breach of this Agreement by SUBRECIPIENT; (b) a material breach of any representation or warranty of SUBRECIPIENT contained in this Agreement; (c) any personal injury or death caused, directly or indirectly, by any act or omission of SUBRECIPIENT or its employees or agents; (d) any loss of or damage to property caused, directly or indirectly, by any act or omission of SUBRECIPIENT or its employees or agents; (e) the use, misuse or failure of any equipment or facility used by SUBRECIPIENT, or by any of its employees or agents, regardless of whether such equipment or facility is furnished, rented or loaned to SUBRECIPIENT by an Indemnified Party; (f) any tax, fee, assessment or other charge for which SUBRECIPIENT is responsible under Section 10.4; or (g) any infringement of patent rights, copyright, trade secret or any other proprietary right or trademark of any person or entity in consequence of the use by any Indemnified Party of any goods or services furnished by SUBRECIPIENT or its employees or agents to such Indemnified Party in connection with this Agreement. The foregoing indemnity shall include, without limitation, reasonable fees of attorneys, consultants and experts and related costs and San Diego’s costs of investigating any claims against San Diego.
6.2 Duty to Defend; Notice of Loss. SUBRECIPIENT acknowledges and agrees that its obligation to defend the Indemnified Parties under Section 6.1: (a) is an immediate obligation, independent of its other obligations hereunder; (b) applies to any Loss which actually or potentially falls within the scope of Section 6.1, regardless of whether the allegations asserted in connection with such Loss are or may be groundless, false or fraudulent; and (c) arises at the time the Loss is tendered to SUBRECIPIENT by the Indemnified Party and continues at all times thereafter. The Indemnified Party shall give SUBRECIPIENT prompt notice of any Loss under Section 6.1 and SUBRECIPIENT shall have the right to defend, settle and compromise any such Loss; provided, however, that the Indemnified Party shall have the right to retain its own counsel at the expense of SUBRECIPIENT if representation of such Indemnified Party by the counsel retained by SUBRECIPIENT would be inappropriate due to conflicts of interest between such Indemnified Party and SUBRECIPIENT. An Indemnified Party's failure to notify SUBRECIPIENT promptly of any Loss shall not relieve SUBRECIPIENT of any liability to such
FY 23 UASI – SUBRECIPIENT Page 12 of 22 September 1, 2023 Indemnified Party pursuant to Section 6.1, unless such failure materially impairs SUBRECIPIENT’s ability to defend such Loss. SUBRECIPIENT shall seek the Indemnified Party's prior written consent to settle or compromise any Loss if SUBRECIPIENT contends that such Indemnified Party shares in liability with respect thereto.
6.3 Incidental and Consequential Damages. Losses covered under this Article 6 shall include any and all incidental and consequential damages resulting in whole or in part from SUBRECIPIENT’s acts or omissions. Nothing in this Agreement shall constitute a waiver or limitation of any rights that any Indemnified Party may have under applicable law with respect to such damages.
6.4 LIMITATION ON LIABILITY OF SAN DIEGO. CITY’S OBLIGATIONS UNDER THIS
AGREEMENT SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF GRANT FUNDS ACTUALLY DISBURSED HEREUNDER. NOTWITHSTANDING ANY OTHER PROVISION
CONTAINED IN THIS AGREEMENT OR ANY OTHER DOCUMENT OR COMMUNICATION
RELATING TO THIS AGREEMENT, IN NO EVENT SHALL CITY BE LIABLE, REGARDLESS OF
WHETHER ANY CLAIM IS BASED ON CONTRACT OR TORT, FOR ANY SPECIAL,
CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS,
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE GRANT FUNDS, THE GRANT PLAN OR ANY ACTIVITIES PERFORMED IN CONNECTION WITH THIS AGREEMENT.
ARTICLE 7
EVENTS OF DEFAULT AND REMEDIES; TERMINATION FOR CONVENIENCE
7.1 Events of Default. The occurrence of any one or more of the following events shall constitute an "Event of Default" under this Agreement:
(a) False Statement. Any statement, representation, certification or warranty contain ed in
this Agreement, in any Reimbursement Request, or in any other document submitted to the UASI Management Team or to City under this Agreement is found by the UASI Management Team or by City to be false or misleading.
(b) Failure to Perform
Other Covenants. SUBRECIPIENT fails to perform or breaches any provision or covenant of this Agreement to be performed or observed by SUBRECIPIENT as and when performance or observance is due and such failure or breach continues for a period of ten (10) days after the date on which such performance or observance is due. (c) Failure to Comply with Applicable Laws. SUBRECIPIENT fails to perform or breaches any of the terms or provisions of Article 12.
(d) Voluntary Insolvency. S
UBRECIPIENT(i) is generally not paying its debts as they become due, (ii) files, or consents by answer or otherwise to the filing against it of, a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors' relief law of any jurisdiction, (iii) makes an assignment for the benefit of its creditors, (iv) consents to the appointment of a custodian, receiver, trustee or other officer with similar powers of SUBRECIPIENT or of any substantial part of SUBRECIPIENT’s property or (v) takes action for the purpose of any of the foregoing. (e) Involuntary Insolvency. Without co
nsent by SUBRECIPIENT, a court or government
authority enters an order, and such order is not vacated within ten (10) days, (i) appointing a custodian, receiver, trustee or other officer with similar powers with respect to SUBRECIPIENT or with respect to any substantial part of SUBRECIPIENT’s property, (ii) constituting an order for relief or approving a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation
FY 23 UASI – SUBRECIPIENT Page 13 of 22 September 1, 2023 or to take advantage of any bankruptcy, insolvency or other debtors' relief law of any jurisdiction or (iii) ordering the dissolution, winding-up or liquidation of SUBRECIPIENT.
7.2 Remedies upon Event of Default. Upon and during the continuance of an Event of Default, City may do any of the following, individually or in combination with any other remedy:
(a) Termination. City may terminate this Agreement by givi ng a written termination notice
to SUBRECIPIENT and, on the date specified in such notice, this Agreement shall terminate and all rights of SUBRECIPIENT hereunder shall be extinguished. In the event of such termination, City will pay SUBRECIPIENT for Authorized Expenditures in any Reimbursement Request that was submitted and approved by the UASI Management Team and by City prior to the date of termination specified in such notice.
(b) Withholding of Grant Funds. City may withhol
d all or any portion of Grant Funds not
yet disbursed hereunder, regardless of whether SUBRECIPIENT has previously submitted a Reimbursement Request or whether the UASI Management Team and/or City has approved the disbursement of the Grant Funds requested in any Reimbursement Request. Any Grant Funds withheld pursuant to this Section and subsequently disbursed to SUBRECIPIENT after cure of applicable Events of Default shall be disbursed without interest.
(c) Return of Grant Funds. City may demand the immediate return of any previously
disbursed Grant Funds that have been claimed or expended by SUBRECIPIENT in breach of the terms of this Agreement, together with interest thereon from the date of disbursement at the maximum rate permitted under applicable law.
7.3 Termination for Convenience.
(a)
City shall have the option, in its sole discretion, to terminate this Agreement, at any time during
the term hereof, for convenience and without cause. City shall exercise this option by giving SUBRECIPIENT written notice of termination. The notice shall specify the date on which termination shall become effective.
(b)
Upon receipt of the notice, SUBRECIPIENT shall commence and perform, with diligence, all actions necessary on the pa
rt of SUBRECIPIENT to effect the termination of this
Agreement on the date specified by City and to minimize the liability of SUBRECIPIENT and City to third parties as a result of termination. All such actions shall be subject to the prior approval of the UASI Management Team.
(c)
Within 30 days after the specified termination date, SUBRECIPIENT shall submit to the UASI Manag
ement Team an invoice for all Authorized Expenses incurred through the termination date.
For Authorized Expenses incurred after receipt of the notice of termination, City will only reimburse SUBRECIPIENT if the Authorized Expenses received prior approval from the UASI Management Team as specified in subparagraph (b).
(d)
In no event shall City be liable for costs incurred by SUBRECIPIENT or any of its contractors af
ter the termination date specified by City.
(e)
City’s payment obligation under this Section shall survive termination of this Agreement.
7.4 Remedies Nonexclusive. Each of the remedies provided for in this Agreement may be exercised individually or in combination with any other remedy available hereunder or under applicable laws, rules and regulations. The remedies contained herein are in addition to all other remedies available to City at
FY 23 UASI – SUBRECIPIENT Page 14 of 22 September 1, 2023 law or in equity by statute or otherwise and the exercise of any such remedy shall not preclude or in any way be deemed to waive any other remedy.
ARTICLE 8
ASSIGNMENTS
8.1 No Assignment by SUBRECIPIENT. SUBRECIPIENT shall not, either directly or indirectly, assign, transfer, hypothecate, subcontract or delegate all or any portion of this Agreement or any rights, duties or obligations of SUBRECIPIENT hereunder without the prior written consent of the UASI Management Team. This Agreement shall not, nor shall any interest herein, be assignable as to the interest of SUBRECIPIENT involuntarily or by operation of law without the prior written consent of City. A change of ownership or control of SUBRECIPIENT or a sale or transfer of substantially all of the assets of SUBRECIPIENT shall be deemed an assignment for purposes of this Agreement.
8.2 Agreement Made in Violation of this Article. Any agreement made in violation of Section 8.1 shall confer no rights on any person or entity and shall automatically be null and void.
8.3 SUBRECIPIENT Retains Responsibility. SUBRECIPIENT shall in all events remain liable for the performance by any contractor, or assignee of all of the covenants, terms and conditions in this Agreement.
ARTICLE 9
NOTICES AND OTHER COMMUNICATIONS
9.1 Requirements. Unless otherwise specifically provided herein, all notices, consents, directions, approvals, instructions, requests and other communications hereunder shall be in writing, shall be addressed to the person and address set forth below and shall be (a) deposited in the U.S. mail, first class, certified with return receipt requested and with appropriate postage, (b) hand delivered (c) sent via email to a member of the UASI Management Team or (d) sent via facsimile (if a facsimile number is provided below):
If to City of San Diego Office of Emergency Services UASI Management Team:
San Diego Office of Emerg
ency Services
9601 Ridgehaven Court, MS 1101C
San Diego, CA 92123
Attn: Megan Beall, Program Manager
Facsimile No.: (619) 533-6786
If to SUBRECIPIENT:
OFFICE
ADDRESS
CITY, STATE, ZIP
ATTN
FACSIMILE
9.2 Effective Date. All communications sent in accordance with Section 9.1 shall become effective on the date of receipt. Such date of receipt shall be determined by: (a) if mailed, the return receipt, completed by the U.S. postal service; (b) if sent via hand delivery, a receipt executed by a duly authorized agent of the party to whom the notice was sent; or (c) if sent via facsimile, the date of telephonic
FY 23 UASI – SUBRECIPIENT Page 15 of 22 September 1, 2023 confirmation of receipt by a duly authorized agent of the party to whom the notice was sent or, if such confirmation is not reasonably practicable, the date indicated in the facsimile machine transmission report of the party giving such notice.
9.3 Change of Address. From time to time any party hereto may designate a new address or recipient for notice for purposes of this Article 9 by written notice to the other party and the UASI Management Team.
ARTICLE 10
MISCELLANEOUS
10.1 No Waiver. No waiver by San Diego of any default or breach of this Agreement shall be implied from any failure by the UASI Management Team or San Diego to take action on account of such default if such default persists or is repeated. No express waiver by San Diego shall affect any default other than the default specified in the waiver and shall be operative only for the time and to the extent therein stated.
Waivers by San Diego of any covenant, term or condition contained herein shall not be construed as a waiver of any subsequent breach of the same covenant, term or condition. The consent or approval by the UASI Management Team of any action requiring further consent or approval shall not be deemed to waive or render unnecessary the consent or approval to or of any subsequent similar act.
10.2 Modification. This Agreement may not be modified, nor may compliance with any of its terms be waived, except by written instrument executed and approved in the same manner as this Agreement; provided, however, that the Program Manager or designee may establish alternate procedures for modification of the Grant Plan.
10.3 Governing Law; Venue. The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California, without regard to its conflict of laws principles. Venue for all litigation relative to the formation, interpretation and performance of this Agreement shall be in San Diego.
10.4 SUBRECIPIENT to Pay All Taxes. SUBRECIPIENT shall pay to the appropriate governmental authority, as and when due, any and all taxes, fees, assessments or other governmental charges, including possessory interest taxes and California sales and use taxes, levied upon or in connection with this Agreement, the Grant Plan, the Grant Funds or any of the activities contemplated by this Agreement.
10.5 Headings. All article and section headings and captions contained in this Agreement are for reference only and shall not be considered in construing this Agreement.
10.6 Entire Agreement. This Agreement sets forth the entire Agreement between the parties, and supersedes all other oral or written provisions. The following Appendices are attached to and a part of this Agreement:
Appendix A, SUBRECIPIENT Award Letter
Appendix B, Standard Assurances
Appendix C, Form of Reimbursement Request
Appendix D,
Performance Period Extension Request
10.7 Certified Resolution of Signatory Authority. Upon request of San Diego, SUBRECIPIENT shall deliver to San Diego a copy of the corporate resolution(s) authorizing the execution, delivery and performance of this Agreement, certified as true, accurate and complete by the appropriate authorized representative of SUBRECIPIENT.
FY 23 UASI – SUBRECIPIENT Page 16 of 22 September 1, 2023
10.8 Severability. Should the application of any provision of this Agreement to any particular facts or circumstances be found by a court of competent jurisdiction to be invalid or unenforceable, then (a) the validity of other provisions of this Agreement shall not be affected or impaired thereby, and (b) such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed without further action by the parties to the extent necessary to make such provision valid and enforceable.
10.9 Successors; No Third-Party Beneficiaries. Subject to the terms of Article 8, the terms of this Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their successors and assigns. Nothing in this Agreement, whether express or implied, shall be construed to give any person or entity (other than the parties hereto and their respective successors and assigns and, in the case of Article 6, the Indemnified Parties) any legal or equitable right, remedy or claim under or in respect of this Agreement or any covenants, conditions or provisions contained herein.
10.10 Survival of Terms. The obligations of SUBRECIPIENT and the terms of the following provisions of this Agreement shall survive and continue following expiration or termination of this Agreement: Sections 4.3 and 4.4, Article 6, this Article 10, and the Standard Assurances of Appendix B.
10.11 Further Assurances. From and after the date of this Agreement, SUBRECIPIENT agrees to do such things, perform such acts, and make, execute, acknowledge and deliver such documents as may be reasonably necessary or proper and usual to complete the transactions contemplated by this Agreement and to carry out the purpose of this Agreement in accordance with this Agreement.
10.12 Disclosure of Subawards and Executive Compensation. Pursuant to the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282) as amended by Section 6202(a) of the Government Funding Transparency Act of 2008 (P.L. 110-252), full disclosure to the public of entities or organizations receiving federal funds is now required. As defined by the Office of Management and Budget (OMB), all new Federal awards of $25,000 or more as of October 1, 2010, are subject to FFATA reporting requirements. The Transparency Act definition of “Federal awards” includes not only prime awards for grantees, cooperators, and contractors, but also awards to sub-recipients. If applicable, SUBRECIPIENT must provide the following information on SUBRECIPIENT letterhead within 30 days of receipt of this Agreement.
1. The Total compensation and names of the top five executives if:
a) 80%
or more of annual gross revenues are from Federal awards (contracts, sub-contracts and Federal financial assist
ance), and $25,000,000 or more in annual gross revenues from Federal awards; and,
b) Compensation inf
ormation is not already available through reporting to the Securities and Exchange Commission.
10.1 3 Cooperation with UASI Programs and Activities.
(a) Subject to reasonable terms
and conditions, SUBRECIPIENT agrees to participate in
UASI-sponsored exercises, and to make available equipment acquired with Grant Funds for use as part of
such exercises.
(b) To the extent permitted by law, SUBRE CIPIENT
agrees to share with the Approval
Authority i
nformational work products (such as plans, reports, data, etc.) created or acquired using Grant Funds.
FY 23 UASI – SUBRECIPIENT Page 17 of 22 September 1, 2023 (c) To appropriately recognize the regional collaborative nature of grant funded planning projects, all groups, individuals and jurisdictions who contributed to and/or participated in the planning process shall be properly and clearly acknowledged in the final deliverable.
ARTICLE 11
INSURANCE
11.1 Types and Amounts of Coverage. Without limiting SUBRECIPIENT’s liability pursuant to Article 6 of this Agreement, SUBRECIPIENT shall maintain in force, during the full term of the Agreement, insurance in the following amounts and coverages:
(a)
Workers’ Compensation, in statutory amounts, with Employers’ Liability Limits not less than
$1,000,000 each accident, injury, or illness; and
(b)
Commercial General Liability Insurance with limits not less than $1,000,000 each occurrence Combined Single Limit for Bodily Inj
ury and Property Damage, including Contractual Liability, Personal Injury, Products and Completed Operations; and (c)
Commercial Automobile Liability Insurance with limits not less than $1,000,000 each occurren
ce Combined Single Limit for Bodily Injury and Property Damage, including Owned, Non- Owned and Hired auto coverage, as applicable.
11.2 Additional Requirements for General and Automobile Coverage. Commercial General Liability and Commercial Automobile Liability Insurance policies must be endorsed to provide:
(a)
Name as Additional Insured the City and County of San Diego, its Officers, Agents, and Employees.
(b)
That such policies are primary insurance to any other insurance available to the Additional Insureds, with respect to any claims arising out of this Agreement, an d that insurance applies
separately to each insured against whom claim is made or suit is brought.
11.3 Additional Requirements Regarding Workers' Compensation. Regarding Workers’ Compensation, SUBRECIPIENT hereby agrees to waive subrogation which any insurer of SUBRECIPIENT may acquire from SUBRECIPIENT by virtue of the payment of any loss.
SUBRECIPIENT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the SUBRECIPIENT, its employees, agents and subcontractors.
11.4 Additional Requirements for All Policies. All policies shall provide thirty days’ advance written notice to the City of reduction or nonrenewal of coverages or cancellation of coverages for any reason.
Notices shall be sent to the City address in Article 9, Notices and Other Communications.
11.5 Required Post-Expiration Coverage. Should any of the required insurance be provided under a claims-made form, SUBRECIPIENT shall maintain such coverage continuously throughout the term of this Agreement and, without lapse, for a period of three years beyond the expiration of this Agreement, to the effect that, should occurrences during the Agreement term give rise to claims made after expiration of the Agreement, such claims shall be covered by such claims-made policies.
FY 23 UASI – SUBRECIPIENT Page 18 of 22 September 1, 2023
11.6 General Annual Aggregate Limit/Inclusion of Claims Investigation or Legal Defense Costs.
Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defense costs be included in such general annual aggregate limit, such general annual aggregate limit shall be double the occurrence or claims limits specified above.
11.7 Lapse in Insurance. Should any required insurance lapse during the term of this Agreement, requests for reimbursement originating after such lapse may not be processed, in the City's sole discretion, until the City receives satisfactory evidence of reinstated coverage as required by this Agreement, effective as of the lapse date. If insurance is not reinstated, the City may, at its sole option, terminate this Agreement effective on the date of such lapse of insurance.
11.8 Evidence of Insurance. Before commencing any operations or expending any Grant Funds under this Agreement, SUBRECIPIENT shall furnish to City certificates of insurance and additional insured policy endorsements with insurers with ratings comparable to A-, VIII or higher, that are authorized to do business in the State of California, and that are satisfactory to City, in form evidencing all coverages set forth above. Failure to maintain insurance shall constitute a material breach of this Agreement.
11.9 Effect of Approval. Approval of the insurance by City shall not relieve or decrease the liability of SUBRECIPIENT hereunder.
11.10 Insurance for Subcontractors and Evidence of this Insurance. If a subcontractor will be used to complete any portion of this Agreement, SUBRECIPIENT shall ensure that the subcontractor shall provide all necessary insurance and shall name the City and County of San Diego, its officers, agents and employees and the SUBRECIPIENT as additional insureds.
11.11 Authority to Self-Insure. Nothing in this Agreement shall preclude SUBRECIPIENT from self- insuring all or part of the insurance requirement in this Article. However, SUBRECIPIENT shall provide proof of self-insurance, in a form acceptable to San Diego, in the amounts of each line of self-insurance.
ARTICLE 12
COMPLIANCE
12.1 Nondiscrimination. In the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against any employee, San Diego employee working with SUBRECIPIENT, applicant for employment with SUBRECIPIENT, or against any person seeking accommodations, advantages, facilities, privileges, services, or membership in all business, social, or other establishments or organizations, on the basis of the fact or perception of a person’s race, color, creed, religion, national origin, ancestry, age, height, weight, sex, sexual orientation, gender identity, domestic partner status, marital status, disability or Acquired Immune Deficiency Syndrome or HIV status (AIDS/HIV status), or association with members of such protected classes, or in retaliation for opposition to discrimination against such classes.
12.2 Conflict of Interest. Through its execution of this Agreement, SUBRECIPIENT acknowledges that it is familiar with the provisions of Section 87100 et seq. and Section 1090 et seq. of the Government Code of the State of California, and certifies that it does not know of any facts which constitutes a violation of said provisions and agrees that it will immediately notify City if it becomes aware of any such fact during the term of this Agreement. SUBRECIPIENT agrees that it will promptly notify City in writing of all violations of State or Federal criminal law involving fraud, bribery, or gratuities affecting or involving the use of Grant Funds.
FY 23 UASI – SUBRECIPIENT Page 19 of 22 September 1, 2023
12.3 Compliance with ADA. SUBRECIPIENT acknowledges that, pursuant to the ADA, programs, services and other activities provided by a public entity to the public, whether directly or through a grantee or contractor, must be accessible to the disabled public. SUBRECIPIENT shall not discriminate against any person protected under the ADA in connection with all or any portion of the Grant Plan and shall comply at all times with the provisions of the ADA.
12.4 Compliance with Assembly Bill 481 Assembly Bill 481 (AB-481), codified in California Government Code sections 7070 – 7075, requires law enforcement agencies to obtain approval of the applicable governing body (Mayor, City Council, Board of Supervisors, etc.) by adoption of a military equipment use policy, prior to acquiring, seeking funding for, continuing to use, or collaborating with another law enforcement agency in the use of military equipment, as defined. AB-481 also requires publication of a military equipment use procedure and the annual military equipment report on the Agency’s website.
12.5 Compliance with FEMA issued Policy 207-22-0002
FEMA issued Policy 207-22-0002 in response to Executive Order (EO) 14074, Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety, which President Joseph R. Biden issued on May 25, 2022. EO 14074 directs the DHS to prohibit the use of grant funding to purchase certain types of military equipment by state, local, tribal, and territorial law enforcement agencies and to comply with and implement the recommendations stemming from EO 13688, which established prohibited equipment and controlled equipment lists.
By accepting grant funds, SUBRECIPIENT acknowledges and certifies compliance with AB-481 and FEMA Policy 207-22-002.
FY 23 UASI – SUBRECIPIENT Page 20 of 22 September 1, 2023 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the date first specified herein.
CITY OF SAN DIEGO: SUBRECIPIENT:
B y : B y :
______________________________________ _______________________________________
MEGAN BEALL SUBRECIPIENT
PROGRAM MANAGER
OFFICE OF EMERGENCY SERVICES
Fe d e r a l T a x I D # :
Approved as to Form:
Mara
W. Elliott
City Attorney
By: ___________________________________
Deputy City Attorney
FY 23 UASI – SUBRECIPIENT Page 21 of 22 September 1, 2023 Appendix A — SUBRECIPIENT Award Letter
FY 23 UASI – SUBRECIPIENT Page 22 of 22 September 1, 2023
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial, and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines.
The
requirements outlined in these assurances apply to Applicant and any of its subrecipients.
I
further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.
Federal Regulati
ons
Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.
In t
he event Cal OES determines that changes are necessary to the subaward after a subaward has been made, including changes to period of performance or terms and conditions, Applicants will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate Applicant acceptance of the changes to the subaward.
State
and federal grant award requirements are set forth below. The Applicant hereby agrees to comply with the following:
1. Proof of Authority
The Applicant will obtain proof of authority from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree:
$33(1',;%
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body;
(d) The Applicant is authorized by the city council, governing board, or authorized body to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost, if any) to ensure proper planning, management and completion of the project described in this application; and
(e) The official executing this agreement is authorized by the Applicant.
This Proof of Authority must be maintained on file and readily available upon request.
2. Period of Performance
The period of performance is specified in the Award. The Applicant is only authorized to perform allowable activities approved under the award, within the period of performance.
3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
(c) The Applicant shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508 and §§ 7324-7328) which limit the political activities of employees whose principle employment activities are funded in whole or in part with federal funds.
Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor’s Office of Emergency Services (Cal OES) or the federal awarding agency.
4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.214 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Applicant certifies that it and its subrecipients:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (4)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default.
Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.
5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all state and federal statutes relating to non- discrimination, including:
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. § 12101et seq.), which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs;
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd—2), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)—
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201);
(h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors;
(j) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages; (k) Department of Homeland Security (DHS) policy to ensure the equal treatment of faith-based organizations, under which the Applicant must comply with equal treatment policies and requirements contained in 6 C.F.R.
Part 19;
(l) The Applicant will comply with California’s Fair Employment and Housing Act (FEHA) (California Government Code §§12940-12957), as applicable. FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions;
(m)Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this application.
6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.),the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
7. Environmental Standards
The Applicant will comply with state and federal environmental standards, including:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000-21177), to include coordination with the city or county planning agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000-15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters; (d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources;
(e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmental and human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988;
(g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands;
(i) The Safe Drinking Water Act of 1974, (P.L. 93-523); (j) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.);
(l) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); and
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(m) Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.
The Applicant shall not be: (1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease-and- desist order pursuant to section 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution.
8. Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will perform the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and 2 C.F.R., Part 200, Subpart F Audit Requirements.
9. Cooperation and Access to Records
The Applicant must cooperate with any compliance reviews or investigations conducted by DHS. In accordance with 2 C.F.R. § 200.337, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision.
10. Conflict of Interest
The Applicant will establish safeguards to prohibit the Applicant’s employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.
11. Financial Management
False Claims for Payment - The Applicant will comply with 31 U.S.C §§ 3729-3733 which provides that Applicant shall not submit a false claim for payment, reimbursement, or advance.
12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), including but not limited to (a) the reporting of subawards obligating $30,000 or more in federal funds,
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
and (b) executive compensation data for first-tier subawards as set forth in 2 C.F.R.
Part 170, Appendix A. The Applicant also agrees to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R.
Part 25, Appendix A.
13. Whistleblower Protections
The Applicant must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310.
14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits the Applicant or its subrecipients from: (1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; or (3) using forced labor in the performance of the award or subawards under the award.
15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally-assisted construction contracts or subcontracts, and (b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et seq.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non- profit organizations.
16. Worker’s Compensation
The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq.
17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646)
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase;
(b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires federal award subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more;
(c) Assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § 469a-1 et seq.); and
(d) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
18. Certifications Applicable Only to Federally-Funded Construction Projects For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project;
(b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications; and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.
19. Use of Cellular Device While Driving is Prohibited
The Applicant is required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication.
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services.
20. California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity’s grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code §7920.000 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process.
HOMELAND SECURITY GRANT PROGRAM (HSGP) –
PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS
21. Acknowledgment of Federal Funding from DHS
The Applicant must acknowledge its use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.
22. Activities Conducted Abroad
The Applicant must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.
23. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. If the Applicant collects PII, the Applicant is required to have a publicly-available privacy policy that describes standards on the usage and maintenance of PII they collect. The Applicant may refer to the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template as a useful resource.
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
24. Copyright
The Applicant must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of United States Government sponsorship (including the award number) to any work first produced under federal financial assistance awards.
25. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude the Applicant from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions.
26. Energy Policy and Conservation Act
The Applicant must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.
27. Federal Debt Status
The Applicant is required to be non-delinquent in its repayment of any federal debt.
Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129.
28. Fly America Act of 1974
The Applicant must comply with Preference for United States Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942.
29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, the Applicant must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a.
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
30. Non-supplanting Requirement
If the Applicant receives federal financial assistance awards made under programs that prohibit supplanting by law, the Applicant must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non- federal sources.
31. Patents and Intellectual Property Rights
Unless otherwise provided by law, the Applicant is subject to the Bayh-Dole Act, Pub.
L. No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. The Applicant is subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14.
32. SAFECOM
If the Applicant receives federal financial assistance awards made under programs that provide emergency communication equipment and its related activities, the Applicant must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.
33. Terrorist Financing
The Applicant must comply with Executive Order 13224 and United States law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. The Applicant is legally responsible for ensuring compliance with the Order and laws.
34. Reporting of Matters Related to Recipient Integrity and Performance If the total value of the Applicant’s currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, the Applicant must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
35. USA Patriot Act of 2001
The Applicant must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c.
36. Use of DHS Seal, Logo, and Flags
The Applicant must obtain permission from their DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.
37. Performance Goals
In addition to the Biannual Strategy Implementation Report submission requirements outlined in the Preparedness Grants Manual, the Applicant must demonstrate how the grant-funded project addresses the core capability gap associated with each project and identified in the Threat and Hazard Identification and Risk Analysis or Stakeholder Preparedness Review or sustains existing capabilities, as applicable. The capability gap reduction or capability sustainment must be addressed in the Project Description of the BSIR for each project.
38. Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon the Applicant and flow down to any of its subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist.
39. Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
The Applicant must comply with the “Build America, Buy America” Act (BABAA), enacted as part of the Infrastructure Investment and Jobs Act and Executive Order 14005. Applicants receiving a federal award subject to BABAA requirements may not use federal financial assistance funds for infrastructure projects unless:
(a) All iron and steel used in the project are produced in the United States – this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States;
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(b) All manufactured products used in the project are produced in the United States – this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and
(c) All construction materials are manufactured in the United States – this means that all manufacturing processes for the construction material occurred in the United States.
The “Buy America” preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. It does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a “Buy America” preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.
Per section 70914(c) of BABAA, FEMA may waive the application of a “Buy America” preference under an infrastructure program in certain cases.
On July 1, 2022, OMB approved FEMA’s General Applicability Public Interest Waiver of the BABAA requirements to be effective for a period of six months, through January 1, 2023. Applicants will not be required to follow the BABAA requirements for FEMA awards made, and any other funding FEMA obligates, during this waiver period. For any new awards FEMA makes after January 1, 2023, as well as new funding FEMA obligates to existing awards or through renewal awards where the new funding is obligated after January 1, 2023, Applicants will be required to follow the BABAA requirements unless another waiver is requested and approved.
40. Advancing Effective, Accountable Policing and Criminal Justice Practice to Enhance Public Trust and Public Safety
The Applicant must comply with the requirements of section 12(c) of Executive Order 14074. The Applicant is also encouraged to adopt and enforce policies consistent with Executive Order 14074 to support safe and effective policing.
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
IMPORTANT
The purpose of these assurances is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc.
Applicant recognizes and agrees that state financial assistance will be extended based on the representations made in these assurances. These assurances are binding on Applicant, its successors, transferees, assignees, etc. as well as any of its subrecipients.
Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds.
All a
ppropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the Applicant may be ineligible for award of any future grants if Cal OES determines that the Applicant: (1) has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.
All of the language contained within this document must be included in the award documents for all subawards at all tiers. Applicants are bound by DHS Standard Terms and Conditions 2023, Version 2, hereby incorporated by reference, which can be found at: https://www.dhs.gov/publication/fy15- dhs- standard-terms-and-conditions.
The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant.
Applicant:
Signature of Authorized Agent:
Printed Name of Authorized Agent:
Title: Date:
Name of Jurisdiction: ________________________________________________________________ Address: ____________________________________________________________________________ Telephone Number: _________________________________________________________________ Email Address: ______________________________________________________________________
Grant: FY23 UASI Grant #2023-0042
CalOES #073-66000 CFDA #97.067
Supporting Information for Cash Request
Cash Request # through
Cash Request Amount Unique Entity ID (UEI)#
Under Penalty of Perjury I certify that:
Printed Name: Phone Number:
Title: Email Address:
Mailing Address:
Remittance Address:
Signature Date:
Mail Reimbursement Request To:
City of San Diego Office of Emergency Services
Grants Management Section
9601 Ridgehaven Ct, MS 1101C
San Diego, CA 92123
The representations, warranties and certifications made in the Agreement are true and correct in all material respects as if made on the date hereof, and SUBRECIPIENT is in compliance with all Grant Assurances in Appendix B of the Agreement. Futhermore, by signing this report, SUBRECIPIENT certifies to the best of their knowledge and belief that the report is true, complete and accurate and expenditures, disbursements, and cash receipts are for the purpose and objectives set forth in the terms and conditions of the federal award. SUBRECIPIENT is aware that any false, fictitious or fraudelent information or the omission of any material fact, may subject SUBRECIPIENT to criminal civil or administrative penalties for fraud, false statements, false claims or otherwise.
No Event or Default has occurred and is continuing.
The undersigned is an officer of SUBRECIPIENT authorized to execute this Reimbursement Request on behalf of SUBRECIPIENT.
After giving effect to the disbursement requested pursuant to this Reimbursement Request, the Funds disbursed as of the date of this disbursement will not exceed the maximum amount set forth in Appendix A of this agreement for specific projects and programs.
City of San Diego Office of Emergency Services
FY23 Urban Area Security Initiative Grant
(Performance Period Start Date) (Performance Period End Date) The total amount of funds requested pursuant to this Reimbursement Request will be used to reimburse SUBRECIPIENT for Authorized Expenditures, which expenditures are set forth on the attached Cover Sheet, to which are attached true and correct copies of all required documentation of such expenditures. $33(1',;&
Reimbursement Request (Invoice)#
Mail Reimbursement Request To: Date:
City of San Diego Agency:
Office of Emergency Services
Attn: Grants Management Section
9601 Ridgehaven Ct, MS 1101C
San Diego, CA 92123
Expenditure Period:
Type of Expenditure Project #
Equipment
Training
Planning
Organization
Exercise
Total
For questions regarding this reimbursement request contac t
Name
Phone
Email
Remittance Address (Address check will be mailed to)
-$
Cover Sheet (Invoice)
Office of Emergency Services
FY23 Urban Area Security Initiative Grant Program
Award #2023-0042
CalOES ID #073-66000 CFDA #97.067
Reimbursement Requested
Unique Entity ID (UEI):
Jurisdiction: Expenditure Period:
Date:
Grant: FY23 UASI Grant #2023-0042
CalOES #073-66000 CFDA #97.067
Course
Delivery (Tuition
/ Registration /
Materials)
Overtime &
Backfill
Travel (Minus
Tuition /
Registration /
Materials)
Total EMA EMS FS GA HZ LE PH PSC PW Total
-$ 0
-$ 0
-$ 0
-$ 0
-$ 0
-$ 0
-$ 0
-$ 0
Total - $ - $ - $ - $ 0 0 00000 00 0 Office of Emergency Services
FY23 Urban Area Security Initiative Grant Program
Training/Exercise Costs Detail Worksheet
Attendee Breakdown by Discipline
NOTE: O.T. fringe benefits are limited to FICA, Worker's Compensation and Unemployment Compensation. Each jurisdiction must ensure that reimbursement requests do not include any other O.T. fringe benefit expenditures. Other fringe benefit costs must be absorbed by the jurisdiction.
Grant: FY23 UASI Grant #2022-0042
CalOES #073-66000 CFDA #97.067
Cash Request # through
Total Salary &
Benefits
Charged for this
Reporting
Period
Hourly/Billing
Rate
Total Project
Hours
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
Expenditure
Category
Period of
Expenditure
Total
Charged to
Grant
Discipline
Billable Hour Breakdown
(Performance Period Start Date)
Project
Number Consulting Firm Project & Description of Services Deliverable Solution Area (Performance Period End Date)
CONSULTANT / CONTRACTOR
Office of Emergency Services
FY23 Urban Area Security Inititive Grant Program
Grant: FY23 UASI Grant #2022-0042
CalOES #073-66000 CFDA #97.067
Cash Request # through
Backfilling For
Total Salary &
Benefits
Charged for this
Reporting
Period
Hourly Rate Overtime
Rate
Total Project
Hours
-$ - $
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
Office of Emergency Services
FY23 Urban Area Security Inititive Grant Program
PERSONNEL
(Claim Period of Expenditure Start Date)
Project
Number Employee Name Project/Deliverable Discipline Solution Area Period of Expenditure
Billable Hour Breakdown
Total Charged
to Grant
(Claim Period of Expenditure End Date)
UASI
FY23 PERFORMANCE PERIOD EXTENSION REQUEST
FY23 UASI Perform
ance Period Extension Request
City of San Diego Office of Emergency Services
PERFORM
ANCE PERIOD EXTENSION REQUEST
S
u b r e c i p i e n t N a m e :
UASI FY:
23 UASI
P
r o j e c t :
Project Title:
Total Amount Allocated:
Amount Expended:
Original Performance Period Deadline:
Requested New Performance Period Deadline (final reimbursement claim due on this date):
1. Describe the details of the project:
2. What is the current status of the project?
3. Please provide a timeline as to how you will meet the new requested date:
4. How have you analyzed your errors in the initial timel ine? What are the reasons why the project
is late?
5. How have you improved your planning
and project management process to avoid future delays if this request is granted? What plans and documentation do you have in place to guarantee the requested deadline will be met?
6. List and describe all equipment with costs and AEL #s:
Equipment & Description Cost AEL
number
PROJECT #--:
TOTAL
PROJECT #--:
TOTAL
$33(1',;'
UASI FY23 PERFORMANCE PERIOD EXTENSION REQUEST
FY23 UASI Performance Period Extension Request
PROJECT #--:
TOTAL
PROJECT #--:
TOTAL
PROJECT #--:
TOTAL
PROJECT #--:
TOTAL
All Investments TOTAL
RESOLUTION NO. 2024 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, (1)
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF SAN DIEGO OFFICE OF EMERGENCY SERVICES AND THE CITY OF NATIONAL CITY AND (2)
AUTHORIZING THE ESTABLISHMENT OF AN APPROPRIATION AND CORRESPONDING REVENUE BUDGET IN THE AMOUNT OF $ 53,452 FROM THE FISCAL YEAR 202 3 URBAN AREA SECURITY INITIATIVE (“UASI”) GRANT FUNDS FOR THE PURCHASE OF
TRAININGS FOR THE NATIONAL CITY POLICE AND FIRE DEPARTMENTS
WHEREAS, the United States Department of Homeland Security (“DHS”) designated the City of San Diego as an eligible high -risk urban area through an analysis of the relative risk of terrorism; and
WHEREAS, the San Diego Urban Area (“SDUA”) was established for the purpose of the application for an allocation and distribution of Federal Urban Areas Security Initiative (“UASI”) program grant funds; and
WHEREAS, the San Diego County Unified Disaster Council established a collaborative subcommittee called the Urban Area Working Group (“UAWG”); and
WHEREAS, the UAWG was established as the “Approval Authority” for the SDUA and was also established to (1) provide overall governance of the Homeland Security gran t program across the SDUA; (2) coordinate development and implementation of all UASI program initiatives; and (3) to ensure compliance with all UASI program requirements; and
WHEREAS, the Distribution of Fiscal Year 202 3 UASI Grant Funds Agreement ensures the roles, responsibilities, and expectations at the local, state, and federal levels, and ensures that the City of National City, as a grant program participant, agrees to meet state and federal requirements; and
WHEREAS, pursuant to grant allocation decisions by the UAWG, the UASI Management Team asked the City of San Diego to distribute a portion of the regional UASI grant funds to sub- recipients, such as the City of National City; and
WHEREAS, the National City Fire and Police Department will receive a total appropriation and corresponding revenue budget in the amount of $53,452 from the FY 2023 UASI grant fund; and
WHEREAS, the performance period for this grant is September 1, 2023 through May 31, 2027; and
WHEREAS, the City of National City Fire and Police Department will use the appropriation for the following: Basic Close Quarters Training for SWAT personnel, Fresno Training Symposium, Low Angle Rope Rescue Operations, and Rope Rescue Technician Training for Fire personnel.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: Authorizes the Mayor to execute the Agreement between the City of San Diego Office of Emergency Services and the City of National City for the distribution of FY 202 3 UASI Grant Funds attached to the Agenda Report as Exhibit A.
Section 2: Authorizes the establishment of an appropriation and corresponding revenue budget in the amount of $53,452 from the FY 2023 Urban Area Security Initiative (UASI) grant funds for the purchase of equipment and training for the National City Police and Fire Departments.
Section 3. 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 6th day of August, 2024.
Ron Morrison, Mayor
ATTEST:
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
__
Barry J. Schultz, City Attorney
AGENDA REPORT
Department: Human Resources
Prepared by: Lydia Flores-Hernandez, Human Resources Director Meeting Date: Tuesday, August 6, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
Amendments and Additions to the City of National City’s Schedule of Job Classifications and Corresponding Updates to the Management and Confidential Positions Salary Schedule
RECOMMENDATION:
Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Revising the Job Descriptions for Seven (7) Job Classifications, Creating Five (5) New Job Classifications, and Amending the National City Management and Confidential Positions Salary Schedules to Reflect the New Job Classifications.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
On July 10, 2024, t he Civil Service Commission approved the revision of seven (7) existing job classifications, and the creation of five (5) new classifications as shown in Exhibit A to the resolution.
EXPLANATION:
The Civil Service Commission approved Staff’s recommendations to revise the existing job descriptions for seven (7) position classifications: Building Inspector, Housing Assistant, Executive Assistant II, Executive Assistant III, Executive Assistant IV, City Engineer, and Senior Park Caretaker. The job descriptions were revised to remove outdated requirements that were no longer essential for p erforming job functions. Keeping job classifications up -to-date is crucial to ensure they align with organization and industry trends and evolving job requirements.
As the City continues its efforts in improving service delivery , staff recommends the creation of five (5) new position classifications: Records Programs Specialist , Assistant Director of Community Development, Human Resources Technician, Human Resources Analyst II, and Risk Management Specialis t. The classifications were created to address their unique duties and responsibilities and to support the workforce sustainability of current and future service delivery in their respective departments.
Once classification s are approved by the Civil Service Commission, the City Council is responsible for setting compensation for each of these classifications. The five (5) new classification salary range and steps as shown in Exhibit B and Exhibit C were set by comparison of the duties and salaries of current equivalent positions within the organization. The Records Programs Specialist, Human Resources Technician and Risk Management Specialist would be placed in the Confidential unit. The Records Programs Specialist and Risk Management Specialist would be placed at $4,976.48 – $6,048.93 per month. The Human Resources Technician would be placed at $3,758.51 – $4,570.37 per month. The Assistant Director of Community Development would be placed in the Management unit at $10,270.12 – $14,371.12
per month. The Human Resources Analyst II would be placed in the Management unit at $5,185.98 - $7,890.85 per month.
FINANCIAL STATEMENT:
No budget adjustments are necessary as a result of approving these job classification changes and additions. The costs for these positions were incorporated in the City’s adopted budget for Fiscal Year 2025.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Balanced Budget and Economic Development
ENVIRONMENTAL REVIEW:
This is not a project under CEQA and is therefore not subject to environmental review. CCR15378; PRC 21065.
PUBLIC NOTIFICATION:
The Agenda Report was posted within 72 hours of the meeting date and time in accordance with the Ralph M. Brown Act.
ORDINANCE:
Not Applicable
EXHIBITS:
Exhibit A - Proposed Job Classifications - Redlined
Exhibit B – Proposed National City Confidential Employees Salary Schedule Exhibit C – Proposed National City Management Employees Salary Schedule Exhibit D – Resolution