4 Tenant’s right to contest set forth in the preceding sentence, in addition to all other rights or remedies, Landlord may, but shall not be obligated to, discharge the same (i) by paying the amount claimed to be due, (ii) by procuring the discharge of such lien by deposit in court, (iii) by giving security, or (iv) in such other manner as is, or may be prescribed by law. Any amount paid by Landlord for any of the aforesaid purposes, including all reasonable attorneys’ fees to procure the discharge of such lien with all necessary disbursements in connection therewith, with interest thereon at the maximum rate permitted by law from the date of payment, shall be repaid by Tenant to Landlord on demand and, if unpaid, may at Landlord’s election, be treated as additional rent.
Nothing herein contained shall imply any consent or approval by Landlord to the filing of mechanics’ lien against the Building or any part thereof. (d) Removal of Improvements. Tenant shall remove from the Premises all of Tenant’s personal property, including without limitation furnishings, machinery, trade fixtures, equipment, and improvements, on or before the expiration of the Term, or as soon as practicable after termination of this Lease, but in no event later than sixty (60) days after the termination of this Lease. Tenant shall repair any damage to the Premises or the Building caused by such removal, including without limitation patching and filling holes, reasonable wear and tear excepted.
Notwithstanding the foregoing, Tenant shall not remove or be required to remove, any HVAC systems, restroom fixtures, flooring, plumbing, ceilings, walls, or utility or electrical components.
6. Use.
(a) Permitted Use. Tenant shall use the Premises only as a social activity center to provide senior services and for ancillary health, education, exercise and wellness related uses for seniors. Tenant shall not use the Premises for any other activity aside from the use permitted in this Section 6(a). The Premises may only be open for business between 8:00 a.m. and 10:00 p.m., seven (7) days a week. Tenant shall not use the Premises as a dwelling for any person. (b) Additional Use Limitations. Tenant shall not permit the occupancy of the Premises at any time during the Term to exceed that allowed by the applicable codes and regulations concerning occupancy. Tenant shall use commercially reasonable efforts to maintain control over the conduct of its employees and shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building, or Landlord’s employees, invitees, consultants, or other licensees or injure, endanger or annoy them, result in an increase in the number of parking spaces being used by Tenant and its employees, invitees, guests or licensees, or use or allow the Premises to be used for any immoral or unlawful purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall not commit or permit to be committed any waste in or upon the Premises. (c) Compliance With Laws, Covenants and Requirements. Tenant represents and warrants to Landlord, that Tenant, its agents, servants, employees, invitees and licensees, shall comply with, and shall not use the Premises in any way (or permit or suffer anything to be done in or about the Premises) which will conflict with: (i) any law, statute, ordinance or governmental rule or regulation affecting the Building, now in force or which may be hereafter promulgated, including, but not limited to, the provisions of any city or county zoning codes regulating the use of the Building; (ii) any covenant, condition or restriction (whether or not of public record)
5 affecting the Building, now in force or which may hereafter be enacted or promulgated or any health and food safety requirements, rules and regulations established by any governmental or quasi-governmental entity that are either voluntarily or involuntarily made applicable to the Building or the Premises; or (iii) any licensing requirements of any city, county, or other governmental or quasi-governmental entity regulating Tenant’s use of the Premises or any collective bargaining agreement entered into by Tenant (hereinafter collectively referred to as “Applicable Laws, Covenants and Requirements”). Tenant shall promptly notify Landlord of and shall promptly provide Landlord with true, correct and legible copies of all orders, reports, notices and correspondence (including those which may be considered confidential) of or concerning the investigation, compliance, and corrective actions and all complaints, pleadings, and other legal documents filed against Tenant relating to Tenant’s failure to comply with Applicable Laws, Covenants and Requirements. Tenant shall, at its sole cost and expense, promptly comply, and shall maintain the Premises and its operations and equipment in such a way as to comply, with all Applicable Laws, Covenants and Requirements in so far as they relate to the specific manner of Tenant’s use and occupancy of the Premises, and Tenant shall maintain and pay the cost of all permits, assessments and licenses required to operate Tenant’s business. The judgment of any court of competent jurisdiction or the admission by Tenant in any action against Tenant, whether Landlord be a party thereto or not, that Tenant has violated any Applicable Laws, Covenants and Requirements, shall be conclusive of the fact as between Landlord and Tenant. The Building is a non-smoking building and the Tenant shall not allow its employees, agents, contractors, subcontractors, clients, invitees or others using or occupying the Premises to smoke while in the Premises.
(d) Hazardous Materials.
( 1) Except with respect to commercially packaged products used and stored by Tenant at the Premises, such as, common cleaning fluids and supplies, Tenant hereby agrees that neither Tenant, nor Tenant’s agents, employees, contractors, invitees or licensees will engage in any activity in, on or about the Premises or the Building, nor permit others to engage in any such activity, which will result in the Premises or the Building containing any Hazardous Material. If at any time it is determined that Tenant or Tenant’s agents, employees, contractors, invitees or licensees, have been responsible for the Premises or the Building containing any Hazardous Material, then Tenant shall be solely responsible for and shall pay for all costs incurred in connection with the removal of said Hazardous Materials. ( 2) Tenant shall promptly comply with the requirements of Section 25359.7(b) of the California Health and Safety Code and/or any successor or similar statute to provide Landlord with written notice that any Hazardous Material has come or will come to be located on or beneath the Premises or the Building if Tenant discovers or has reasonable cause to believe of the presence of such materials. Should Tenant fail to so notify Landlord, Landlord shall have all rights and remedies provided for such a failure by such Section 25359.7(b) in addition to all other rights and remedies which Landlord may have under this Lease or otherwise. Tenant shall not take any remedial action related to Hazardous Materials located in or about the Premises or the Building and shall not enter into a settlement, consent decree or compromise in response to any claim related to Hazardous Materials without the prior written consent of Landlord, which may be withheld by Landlord in its sole and absolute discretion. Tenant shall immediately notify Landlord in writing
6 of: (i) any enforcement, clean-up, removal or other governmental action instituted, completed or threatened with regard to Hazardous Materials at the Premises or the Building of which Tenant is directly notified; (ii) any claim made or threatened by any person against Tenant, Landlord, the Premises or the Building related to damage, contribution, cost recovery, compensation, loss or injury resulting from or claimed to result from any Hazardous Materials of which Tenant is directly notified; and (iii) any reports made to any environmental agency arising out of or in connection with any Hazardous Materials at or removed from the Premises or the Building, including any complaints, notices, warnings or assertions of any violation in connection therewith of which Tenant is directly notified. ( 3) In addition to any other indemnity contained in this Lease, Tenant shall defend, indemnify and hold Landlord and its partners harmless from and against any and all losses, liabilities, general, special, consequential and/or incidental damages, injuries costs, expenses, claims of any and every kind whatsoever (including, without limitation, court costs, reasonable attorneys’ fees, damages to any person, the Premises or the Building or loss of rents) which at any time or from time to time may be paid, incurred or suffered by or asserted against Landlord or its partners with respect to, or as a direct or indirect result of: (i) the breach by Tenant of any of the covenants set forth in this Section 6(d); or (ii) the presence on, under or the escape, seepage, leakage, spillage, discharge, emission, release from, onto or into the Premises or the Building, of any Hazardous Material to the extent directly or indirectly caused or allowed by Tenant, or any agent, employee, contractor, invitee or licensee of Tenant. Tenant’s liability under this Section 6(d) shall extend to any and all Hazardous Materials whether or not such substance was defined, recognized, or known or suspected of being hazardous, toxic, dangerous or wasteful at the time of any act or omission giving rise to Tenant’s liability.
(e) Additional Prohibited Actions of Tenant. Tenant shall not commit or permit the commission of any acts on the Premises or the Building, nor use or permit the use of the Premises or the Building in any way that: (i) violates or conflicts with any law, statute, ordinance, or governmental rule or regulation, whether now in force or hereinafter enacted, governing the specific manner of Tenant’s use of the Premises or the Building; (ii) obstructs or interferes with the rights of other tenants or occupants of the Building; or (iii) constitutes the commission of waste on the Premises or the commission or maintenance of a nuisance as defined by the laws of the State of California.
(f) Building Rules and Regulations. Tenant shall, and Tenant agrees to cause its agents, servants, employees, invitees, and licensees to, observe and comply fully and faithfully with the Building Rules and Regulations. Landlord shall not be responsible to Tenant for failure of any other tenant or occupant of the Building to observe or comply with any of the Building Rules and Regulations.
7. Services and Utilities.
(a) Utilities. Tenant shall be responsible for all separately metered utilities provided to the Premises, including, but not limited to, electric, telecommunications, water, trash, utilities and gas provided the same are in fact separately metered or submetered. (b) Breaks In Utility Services. Landlord shall not be liable for and Tenant shall not be
7 entitled to any abatement or reduction of rent by reason of Landlord’s failure to furnish any utilities and services which are not separately metered, including, without limitation, electricity and water, when such failure is caused by any of the following, to the extent beyond the reasonable control of Landlord: (i) accidents, breakage or repairs, (ii) strikes, brownouts, blackouts, riots, civil disturbances, lockouts or other labor disturbances or labor disputes of any character, (iii) governmental regulation, moratorium or other governmental action, (iv) limitation, rationing, curtailment or restriction on the use of water, electricity, gas heating, cooling or other forms of service or utility provided to the Premises, or (v) by any other cause, similar or dissimilar, beyond the reasonable control of Landlord, nor shall such failure under such circumstances be construed as a constructive or actual eviction of Tenant. Landlord shall not be liable under any circumstances for loss or injury to property or business, however occurring, through or in connection with or incidental to Landlord’s failure to furnish any of said service or utilities. Notwithstanding any provision to the contrary herein, in the event Tenant is prevented from using all or a portion of the Premises as a result of a failure to provide services, access or utilities and if such failure continues for more than five (5) consecutive business days after written notice from Tenant, then the Rent shall be abated entirely (in the event Tenant is prevented from using all of the Premises) or reduced (in the event Tenant is prevented from using a portion of the Premises), as the case may be, for such time that Tenant continues to be so prevented from using the Premises or a portion thereof.
8. Taxes. Tenant shall be liable for and agrees to pay all taxes levied upon its personal property, leasehold improvements, additions, alterations and fixtures, including trade fixtures and inventory, located on the Premises or elsewhere and any real property taxes assessed on the Premises or the Property as a result of Tenant’s business operations at the Premises. Non- exempt taxes, if any, with respect to Tenant’s possessory interest in the Premises for the first and final years of the Term shall be prorated between Landlord and Tenant based upon the commencement and expiration of the Term. Landlord will not be required to pay any penalty, interest or cost resulting from Tenant’s failure to pay non-exempt taxes with respect to Premises, Tenant’s personal property, leasehold improvements, additions, alteration and fixtures and/or the delinquent payment of such taxes by Tenant. Tenant shall pay and be liable for any tax or fee (now or hereafter imposed by any governmental entity) applicable to or measured by or on the Rents or any other charges payable by Tenant under this Lease, including, without limitation, any gross income tax, gross receipts tax or excise tax with respect to the receipt of such Rent or other charges on the possession, leasing, operation, use or occupancy of the Premises, and specifically including any commercial rental tax of the City of National City, if any, that may now or hereafter be imposed.
Landlord acknowledges that Tenant is a tax-exempt public entity.
9. Maintenance.
(a) Landlord’s Maintenance and Repair of the Building. At all times during the Term, Landlord agrees: (i) to maintain the foundation and structural soundness of the Building; (ii) to keep in good repair plumbing and electrical wiring servicing the Premises, including without limitation fire sprinkler systems (if any), and mechanical systems serving the Premises; and (iii) repair and maintain the Common Areas. Landlord shall keep the Common Area and the sidewalks immediately in front of the Building clean and sanitary, including the removal of all stains, chewing gum, and other materials.
Landlord shall take all steps within the bounds of reasonable safety and applicable laws to keep the sidewalks in front of the Building free of loitering. Landlord shall sweep and remove trash and loose debris from the Building and the Common Area. Landlord shall ensure that any landscaping, planter boxes and flower baskets are stationed with a catchment basin to prevent water runoff and Landlord shall remove all such stains from water run off that might occur naturally. Landlord
8 shall keep the top of its designated trash bins and the area underneath and immediately surroundings its trash bins clean, clear and free from trash. Landlord shall make no use of the Tenant’s Trash dumpster, bins or other containers used by Tenant for the storage of its trash. No material shall be placed in trash bins if disposal in the ordinary and customary manner in National City would violate any applicable law or ordinance.
(b) Tenant’s Maintenance of the Premises. Tenant shall keep the Premises in a neat, clean and orderly and in good repair condition at all times during the Term, and shall not permit rubbish, waste or garbage, to accumulate at any time. Tenant shall not commit or permit any waste of the Premises or any acts to be done in violation of any laws or ordinances. Tenant shall not use or permit the use of the Premises for any illegal purposes. Tenant shall pay or cause to be paid all operating expenses of the Premises and the cost of any necessary repairs or replacements of Tenant’s alterations related to Tenant’s or any sublessee’s occupancy or use thereof. Tenant shall also be responsible for all costs associated with janitorial and maintenance services, including professional maintenance of a grease trap, all equipment maintenance including stoves, refrigerators, dishwashers, hoods and ansul systems. In the event Tenant fails to maintain any of the foregoing items after receipt of written notice from the Landlord and a reasonable opportunity to cure, Landlord shall have the right to cause such maintenance to occur. Any amount paid by Landlord for any of the aforesaid purposes, including all reasonable attorneys’ fees to enforce this Section 9(b), with interest thereon at the maximum rate permitted by law from the date of payment, shall be repaid by Tenant to Landlord on demand and, if unpaid, may at Landlord’s election, be treated as additional rent.
10. Casualty Damage and Casualty Insurance.
(a) Insured Casualties. In the event the Premises, or any portion thereof, is damaged or destroyed by any casualty that is covered by the insurance maintained by Landlord, then Landlord shall rebuild and restore the Premises, as the case may be, and repair the damaged portion thereof, provided that (i) the amount of insurance proceeds available to Landlord equals or exceeds the cost of such rebuilding, restoration and repair; (ii) such rebuilding, restoration and repair can be completed within one hundred eighty (180) days after the work commences in the opinion of a registered architect or engineer appointed by Landlord; (iii) the damage or destruction has occurred more than twelve (12) months before the expiration of the Term; and (iv) such rebuilding, restoration, or repair is then permitted, under applicable governmental laws, rules and regulations, and by any mortgagee of the Landlord to be done in such a manner as to return the Premises to substantially its condition immediately prior to the damage or destruction, including, without limitation, the same net rentable floor area. If any of the circumstances described in (i) through (iv) above cannot be satisfied, Landlord may, at its option, either (1) rebuild or restore the Premises or Building, as the case may be, and repair the damaged portion thereof, or (2) elect not to rebuild or restore and this Lease shall then terminate. To the extent that insurance proceeds must be paid to a mortgagee or beneficiary under, or must be applied to reduce any indebtedness secured by, a mortgage or deed of trust encumbering the Premises or the Building, such proceeds, for the purposes of this Section 10(a), shall be deemed not available to Landlord unless such mortgagee or beneficiary permits Landlord to use such proceeds for the rebuilding, restoration, and repair of the Premises or Building. Notwithstanding the foregoing, Landlord shall have no obligation to repair any damage to, or to replace any of, Tenant’s personal property, furnishings, fixtures,
9 equipment or other such property or effects of Tenant. (b) Non-Insured Casualties. In the event the Premises, or any portion thereof, is materially damaged or destroyed by any casualty not covered by the insurance maintained or requested to be maintained by Landlord, then Landlord may, at its option, either (i) rebuild or restore the Premises and repair the damaged portions thereof at Landlord’s own expense; or (ii) terminate this Lease effective as of the date the damage or destruction occurred. If Landlord does not give Tenant written notice within sixty (60) days after the material damage or destruction occurs of its election to rebuild or restore the Premises and repair the damaged portions thereof, Landlord shall be deemed to have elected to terminate this Lease. Notwithstanding the foregoing, Tenant may terminate this Lease upon thirty (30) days’ prior written notice if Landlord elects to perform such repair or restoration and either (1) such repair or restoration cannot be completed within one hundred and eighty (180) days or (2) the damage or destruction occurs within the last twelve (12) months of the Term, unless Tenant’s actions or omissions are the cause of the damage, in such event Tenant shall be liable to and shall reimburse Landlord for any and all damages caused thereby.
(c) Minor Casualties. If the Premises are not rendered substantially unfit for the occupancy or use herein contemplated as the result of any insured casualty, subject to the requirements of Landlord’s mortgagees, Landlord shall promptly and diligently restore the Premises at Landlord’s expense to the condition existing prior to the occurrence of the casualty and the Rent shall not abate during such restoration period, provided the Landlord is prompt and diligent in connection with the restoration.
(d) Abatement of Rent. Provided this Lease is not terminated as provided in Sections 10(a) or (b), above, Tenant shall be entitled to an abatement of Rent by reason of the damage to or destruction of the Premises, only to the extent that either: (i) Landlord actually receives insurance proceeds for loss of rental income attributable to the Premises (Landlord shall not be required to maintain such insurance, but may in its sole and absolute discretion elect to do so); (ii) the floor area of the Premises cannot be reasonably used by Tenant for the conduct of its business, or (iii) Tenant does not have reasonable access to the Premises, in which event the Rent shall abate in the proportion which the approximate area of the damaged or destroyed portion of the Premises bears to the total area of the Premises commencing upon the date of the damage to or destruction of the Premises or Building has occurred until substantial completion of the repair of such damage or destruction.
(e) Tenant’s Waiver of Civil Code Sections 1932 and 1933. Tenant’s right to terminate this Lease in the event of any damage or destruction to the Premises is governed by the terms of this Section 10 and therefore Tenant hereby expressly waives the provisions of Section 1932, Subdivision 2, and Section 1933, Subdivision 4, of the California Civil Code, and any and all laws, whether now or hereafter in force, whether created by ordinance, statute, judicial decision, administrative rules or regulations, or otherwise, that would cause this Lease to be terminated, or give Tenant a right to terminate this Lease, upon any damage to or destruction of the Building that occurs.
11. Waiver of Subrogation . If either party sustains loss or damage to the Premises or the
10 fixtures, goods, wares, merchandise or any other property located thereon, from which it is protected by an insurance policy, then, to the extent that such party is so protected, it waives any right of recovery from the other party. Each party agrees immediately to give to each insurance company which has issued to it a policy of fire and extended coverage property insurance written notice of the terms of such mutual waivers, and to cause such insurance policy to be properly endorsed, if necessary, to prevent the invalidation of such insurance coverage by reason of such waivers.
12. Insurance.
(a) Tenant Insurance Requirements. Tenant agrees, at Tenant’s sole cost and expense, to maintain in force continuously throughout the Term:
( 1) Commercial general public liability and property damage insurance covering the Premises with limits of not less than $2,000,000.00 for injury to or death of one or more persons and/or property damage arising out of a single accident or occurrence and $2,000,000.00 in the aggregate. All such insurance shall name the Landlord as an additional insured. Upon receipt of written request therefor, Tenant shall furnish Landlord a certificate from the insurer evidencing such coverage as required by this Section 12(a)(1); and ( 2) Fire and extended coverage insurance insuring against loss or damage by a standard all risk policy, excluding earthquake and flood, to the extent of 100% of the full replacement value of the Premises. Following the application of such proceeds to the restoration of the Premises and the Building (if applicable) and to Landlord’s costs incurred in connection with the adjustment or settlement of any claims (including but not limited to reasonable attorneys’ fees), the proceeds from any such policy shall be used by Tenant for the replacement of Tenant’s personal property or the restoration of Tenant’s Premises or alterations. The property insurance policy described in this Section 12(a)(2) shall name Landlord as loss payee; and ( 3) Worker’s compensation insurance, with coverage as required by the State of California, if Tenant has any employees.
(b) Additional Insurance Requirements. Each insurance certificate for casualty insurance shall indicate that the insurer waives its rights of subrogation against the other party. In addition, all insurance policies obtained by Tenant shall be written as primary policies, non- contributing with or in excess of any coverage which Landlord may carry, with loss payable clauses in favor of Landlord and naming Landlord and any lender of Landlord as additional insureds. The liability limits of the above-described insurance policies shall in no way limit the liability of any party under the terms of this Lease. If Tenant fails to maintain and secure the insurance coverage required under this Section 12, Landlord shall have, in addition to all other remedies provided herein and by law, the right, but not the obligation, to procure and maintain such insurance, the cost of which shall be due and payable to Landlord by Tenant on demand. No policy of insurance required pursuant to this Lease shall contain a deductible exceeding Ten Thousand Dollars ($10,000) per occurrence. Tenant shall be solely responsible for the payment of any deductible.
11 (c) Landlord Insurance Requirements.
( 1) Liability Insurance. Landlord agrees, at Landlord’s expense, to maintain in force continuously throughout the Term, commercial general public liability insurance covering the Building (including the Premises) with combined single limit coverage of $2,000,000 or its equivalent, and shall upon Tenant’s written request, furnish Tenant a certificate from the insurer evidencing such coverage.
( 2) Property Insurance. Landlord shall maintain all-risk property insurance covering the Building, Premises and the Building against loss or damage resulting from fire and other insurable casualties.
13. Hold Harmless. Tenant agrees to indemnify, defend and hold Landlord, its partners, members, managers, directors, officers, agents, employees, affiliates and consultants entirely harmless from and against all liabilities, losses, demands, actions, expenses or claims, incurred in connected with or arising from the use, occupancy or enjoyment of the Building, Common Area or Premises by Tenant and/or its agents, employees, invitees, licensees or contractors (the “Tenant’s Agents
”) or any work, activity or other things allowed or suffered by Tenant or Tenant’s Agents to be done in or about the Building, Common Area or Premises; provided, however, that Tenant shall not be obligated to so indemnify Landlord to the extent any such matters arise from or are caused by the willful misconduct or negligence of Landlord.
14. Assignment and Sublease . Tenant shall not directly or indirectly, voluntarily or by operation of law, sublease, sell, assign, encumber, pledge or otherwise transfer or hypothecate all or any part of the Premises or this Lease, without the written consent of Landlord, not to be unreasonably withheld, conditioned, or delayed.
15. Eminent Domain.
(a) Total Taking. If all or substantially all of the Premises is condemned or taken in any manner for public or quasi-public use, including, but not limited to, a conveyance or assignment in lieu of the condemnation or taking, or if so much of the Premises is so taken or condemned so as to render the remaining portion of the Premises unusable by Tenant for the conduct of Tenant’s business, as determined by the condemning authority, this Lease shall automatically terminate on the earlier of the date on which actual physical possession is taken by the condemnor or the date of dispossession of Tenant as a result of such condemnation or other taking.
(b) Partial Taking. If less than all or substantially all of the Premises is so condemned or taken, rendering the remaining portion of the Premises usable by Tenant for the conduct of its business, as determined by the condemning authority, this Lease shall automatically terminate only as to the portion of the Premises so taken as of the earlier of the date on which actual physical possession is taken by the condemnor or the date of dispossession of Tenant as a result of such condemnation or taking. If such portion of the Building is condemned or otherwise taken so as to require, in the opinion of Landlord, a substantial alteration or reconstruction of the remaining portions thereof, this Lease may be terminated by Landlord, as of the date on which actual physical
12 possession is taken by the condemnor or dispossession of Tenant as a result of such condemnation or taking, by written notice to Tenant within sixty (60) days following notice to Landlord of the date on which such physical possession is taken or dispossession will occur. (c) Award. Landlord shall be entitled to the entire award in any condemnation proceeding or other proceeding for taking for public or quasi-public use, including, without limitation, any award made for the value of the leasehold estate created by this Lease. No award for any partial or total taking shall be apportioned, and Tenant hereby assigns to Landlord any award that may be made in such condemnation or other taking, together with any and all rights of Tenant now or hereafter arising in or to the same or any part thereof. Although all damages in the event of any condemnation shall belong to Landlord whether such damages are awarded as compensation for diminution in value of the leasehold or to the fee of the Premises, Tenant shall have the right to claim and recover from the condemnor, but not from Landlord, such compensation as may be separately awarded or recoverable by Tenant in Tenant’s own right on account of damages to Tenant’s business by reason of the condemnation and for or on account of any cost or loss to which Tenant might incur to remove Tenant’s merchandise, furniture and other personal property, fixtures, and equipment or for the interruption of or damage to Tenant’s business. (d) Rent Abatement. In the event of a partial condemnation or other taking that does not result in a termination of this Lease as to the entire Premises, the Rent and all other charges shall abate in proportion to the portion of the Premises taken by such condemnation or other taking.
If this Lease is terminated, in whole or in part, pursuant to any of the provisions of this Section 15, all Rent and other charges payable by Tenant to Landlord hereunder and attributable to the Premises taken shall be paid up to the date upon which actual physical possession shall be taken by the condemnor. Landlord shall be entitled to retain the entire Security Deposit until such time as this Lease is terminated as to all of the Premises.
(e) Temporary Taking. If all or any portion of the Premises is condemned or otherwise taken for public or quasi-public use for a limited period of time, this Lease shall remain in full force and effect and Tenant shall continue to perform all terms, conditions and covenants of this Lease; provided, however, the Rent and all other charges payable by Tenant to Landlord hereunder shall abate during such limited period in proportion to the portion of the Premises that is rendered unusable as a result of such condemnation or other taking. Landlord shall be entitled to receive the entire award made in connection with any such temporary condemnation or other taking. (f) Transfer of Landlord’s Interest to Condemnor. Landlord may, without any obligation to Tenant, agree to sell and/or convey to the condemnor the Premises, the Building, or any portion thereof, sought by the condemnor, subject to this Lease and the rights of Tenant hereunder, without first requiring that any action or proceeding be instituted or, if instituted, pursued to a judgment.
16. Attorneys’ Fees. The parties agree that the prevailing party in litigation for the breach and/or interpretation and/or enforcement of the terms of this Lease shall be entitled to their expert witness fees, if any, as part of their costs of suit, and reasonable attorneys’ fees as may be awarded by the court, pursuant to California Code of Civil Procedure (“CCP”) Section 1033.5 and any other applicable provisions of California law, including, without limitation, the provisions of CCP
13 Section 998.
17. Default.
(a) Tenant’s Default. The occurrence of any one or more of the following shall constitute a default hereunder by Tenant:
( 1) Tenant fails to pay any Rent, Premises Costs or other charges required to be paid by Tenant under this Lease when due, where such failure shall continue for a period of thirty (30) days after written notice thereof from Landlord to Tenant; ( 2) Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days (or such shorter time provided herein) after written notice thereof from Landlord, provided, however, that if the term, condition, covenant or obligation to be performed by Tenant is of such nature that the same cannot reasonably be cured within thirty (30) days and if Tenant commences such performance within said thirty (30) day period and thereafter diligently undertakes to complete the same, then such failure shall not be a default hereunder;
( 3) A trustee, disbursing agent or receiver is appointed to take possession of all or substantially all of Tenant’s assets or of Tenant’s interest in this Lease and Tenant does not regain possession within sixty (60) days after such appointment; Tenant makes an assignment for the benefit of creditors; or all or substantially all of Tenant’s assets in, on or about the Premises or Tenant’s interest in this Lease are attached or levied upon under execution (and Tenant does not discharge the same within sixty (60) days thereafter);
( 4) A petition in bankruptcy, insolvency or for reorganization or arrangement is filed by or against Tenant pursuant to any federal or state statute and, with respect to any such petition filed against it, Tenant fails to secure a stay or discharge thereof within sixty (60) days after the filing of the same;
( 5) Immediately, in the event of any assignment, subletting or other transfer for which the prior written consent of the Landlord has not been obtained; ( 6) Immediately, upon the suspension of Tenant’s right to conduct its business as contemplated by this Lease, caused by the order, judgment, decree, decision or other act of any court or governmental agency;
( 7) Tenant fails to continuously operate a nutrition center or other permitted use of the Premises under Section 6(a), and such failure continues for a period of thirty (30) consecutive days.
(b) Landlord’s Remedies. Upon the occurrence of a default by Tenant that is not cured by Tenant within any applicable grace period, Landlord shall have the following rights and remedies in addition to all other rights and remedies available to Landlord at law or in equity:
14 ( 1) The rights and remedies provided by California Civil Code Section 1951.4, which allows Landlord to continue this Lease in effect and to enforce all of its rights and remedies under this Lease, including the right to recover Rent and any other additional monetary charges as they become due, for as long as Landlord does not terminate Tenant’s right to possession; provided, however, if Landlord elects to exercise its remedies described in this Section 17(b)(1) and Landlord does not terminate this Lease, and if Tenant requests Landlord’s consent to an assignment of this Lease or a sublease of the Premises at such time as Tenant is in default, Landlord shall not unreasonably withhold its consent to such assignment or sublease. Acts of maintenance or preservation, efforts to relet the Premises or the appointment of a receiver upon Landlord’s initiative to protect its interest under this Lease shall not constitute a termination of Tenant’s right to possession;
( 2) The right to terminate this Lease by giving notice to Tenant in accordance with applicable law and Section 20(d) hereof; and
( 3) The right to have a receiver appointed for Tenant, upon application by Landlord, to take possession of the Premises and to apply any rental collected from the Premises and to exercise all other rights and remedies granted to Landlord for Tenant pursuant to this Section
17. (c) No Waiver of Indemnification. Neither the termination of this Lease nor the exercise of any remedy under this Lease or otherwise available at law or in equity shall affect the right of Landlord to any right of indemnification set forth in this Lease or otherwise available at law or in equity for any act or omission of Tenant, and all rights to indemnification or other obligations of Tenant which are intended to be performed after termination of this Lease shall survive termination of this Lease and termination of Tenant’s right to possession under this Lease. (d) Landlord’s Default. It shall be a default and breach of this Lease by Landlord if Landlord materially fails to perform or observe any term, condition, covenant or obligation required to be performed or observed by it under this Lease for a period of thirty (30) days after receipt of written notice thereof from Tenant; provided, however, that if the term, condition, covenant or obligation to be performed by Landlord is of such nature that the same cannot reasonably be performed within such thirty (30) day period, such default shall be deemed to have been cured if Landlord commences such performance within said thirty (30) day period and thereafter diligently undertakes to complete the same.
18. Signage. Tenant, at its own expense, shall have the right to place signage on the exterior of the Premises for maximum visibility to the extent allowable by the City of National City. The exact location, size, design and colors of such signage shall be submitted by Tenant to Landlord and shall be subject to approval of the Landlord, such approval not to be unreasonably withheld, conditioned, or delayed. The wiring and installation of such signage shall be done at Tenant’s expense, subject to inspection and reasonable approval of Landlord. Any and all signage shall be subject to applicable sign ordinances and regulations, and appropriate City of National City approvals regarding number, size, and color. If Landlord revises the signage plan, after Tenant has erected a sign to which Landlord has granted consent, Tenant agrees, at Landlord’s expense, to
15 make the necessary changes to its sign in order to conform the sign to Landlord’s signage plan, as enacted or revised.
19. Quiet Enjoyment . Upon payment by Tenant of the Rent, the Premises Costs and any additional rent herein provided, and upon the observance and performance of all the covenants, terms and conditions on Tenant’s part to be observed and performed, Tenant shall peaceably and quietly hold and enjoy the Premises for the term hereby demised without hindrance or interruption by Landlord or any other person or persons lawfully or equitably claiming by, through or under Landlord, subject, nevertheless, to the terms and conditions of this Lease, and any mortgage and/or deed of trust to which this Lease is subordinate and subject to Landlord’s right from time to time to perform tenant improvement work in other space in the Building, which will involve, among other things, construction noise, the use of scaffolding, delays in the use of the Building’s elevators, the presence of work crews and the use of the Building’s elevators by work crews, provided, however, that such work does not materially interfere with Tenant’s use of the Premises.
20. Landlord Exclusive Control.
(a) Building Alterations. Landlord shall have the sole and exclusive control of the Building, as well as the right to make changes to the Building so long as the same does not negatively impact the Building or Premises or Tenant’s use, occupancy and enjoyment thereof or Tenant’s rights under this Lease. Landlord has the right, but not the obligation, to (i) restrain the use of the Building and/or common areas by unauthorized persons, (ii) utilize from time to time any portion of the Building and/or common areas for promotional and related matters, (iii) temporarily close any portion of the Building and/or common areas for repairs, improvements or alterations, or (iv) change the shape and size of the Building and/or common areas or change the location of improvements within the Building and/or common areas, including, without limitation, parking structures and other parking facilities, roadways and curb cuts. Landlord may determine the nature, size and extent of the common areas as well as make changes to the common areas from time to time which, in Landlord’s opinion, are deemed desirable so long as the same does not negatively impact the Building or Premises or Tenant’s use, occupancy and enjoyment thereof or Tenant’s rights under this Lease.
(b) Landlord’s Rights. Landlord reserves the right to install, use, maintain, repair, relocate and replace pipes, ducts, conduits, wires and appurtenant meters and equipment included in the Premises or outside the Premises, change the boundary lines of the Building and install, use, maintain, repair, alter or relocate, expand and replace any common areas. Such rights of Landlord shall include, but are not limited to, designating from time to time certain portions of the common areas as exclusively for the benefit of certain tenants in the Building. (c) Landlord’s Access. Landlord and Landlord’s agents shall have the right to enter the Premises (a) at reasonable times upon reasonable notice, (i) for the purpose of inspecting the same, (ii) making such alterations, repairs, improvements or additions to the Premises or to the building located on the Premises as Landlord is obligated or permitted to do under this Lease, and (iii) showing the same to prospective lenders or purchasers, and (b) within the last 90 days of the term hereof to prospective lessees. In addition, Landlord, with the prior consent of Tenant’s facility manager which shall not be unreasonably withheld, may use the dining area located at the Premises
16 at an agreed upon date and time for resident activities, so long as such use does not interfere with Tenant’s operations, is not for political or religious purposes and provided, further, that Landlord shall return the dining area to the condition it was in prior to Landlord’s use. (d) Termination and Entry. In the event Landlord terminates this Lease pursuant to the terms hereof, Landlord may (upon three (3) days’ notice as provided in Sections 1161 and 1162 of the California Code of Civil Procedure or upon notice in lieu thereof), re-enter the Premises and take possession thereof and remove all persons therefrom, and Tenant shall have no further claim under this Lease. Such termination shall not relieve Tenant of any obligation hereunder that has accrued prior to the date of such termination. Landlord may take possession of all personal property of Tenant and of any other person that is located on the Premises, which property shall be deemed abandoned and in that event such items may be retained by Landlord as its property or disposed of by Landlord, in such manner as Landlord shall determine, and at Tenant’s expense. Tenant and any sublessee hereby expressly waives any and all rights of redemption granted by or under present or future laws (including, without limitation, Sections 1174 and 1179 of California Code of Civil Procedure) in the event of Tenant’s being evicted or dispossessed for any cause, or in the event of Landlord’s obtaining possession of the Premises by reason of a default of Tenant under this Lease, or otherwise.
21. Subordination. Tenant agrees that its leasehold interest hereunder is subordinate to any mortgages now on, or hereafter to be placed on, the Premises, provided that each of Landlord’s mortgagees shall either enter into a subordination, non-disturbance and attornment agreement upon terms and conditions reasonably acceptable to Tenant, with Tenant, or cause each such mortgagee to provide that so long as Tenant is not in default under this Lease, Tenant’s quiet possession of the Premises shall remain undisturbed, on the terms, covenants and conditions stated herein, whether or not the mortgage is in default and notwithstanding any foreclosure or other action brought by the mortgagee.
22. Estoppel Certificates. Tenant, at any time and from time to time, upon not less than thirty (30) days’ prior written notice from Landlord, agrees to execute and deliver to Landlord (on a form prepared by Landlord) a statement (a) certifying that this Lease is unmodified and in full force and effect, or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect and the date to which the Rent, Premises Costs and other charges are paid in advance, if any, and (b) acknowledging that there are not, to Tenant’s knowledge, any uncured defaults on the part of Landlord hereunder, or specifying such defaults if they are claimed evidencing the status of this Lease.
23. Notices. All notices under this Lease shall be in writing and sent (a) by certified or registered U.S. mail, return receipt requested, (b) overnight by a nationally recognized 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). All notices shall be delivered to the following addresses or such other addresses as changed by any party from time to time by written notice to the other parties hereto.
Landlord: D Avenue Housing Associates, L.P.
c/o Community HousingWorks
3111 Camino del Rio North, Suite 800 San Diego, CA 92108 Attention: Kevin Leichner, Senior Vice President
17 Copy to: Downs Pham & Kuei LLP
235 Montgomery St., Suite 1169
San Francisco, CA 94104
Attention: Irene C. Kuei
And to Bank of America, N.A.
MA1-225-02-02
225 Franklin Street
Boston, MA 02110
Tenant: City of National City
1243 National City Boulevard National City, CA 91950
Attention: City Manager
24. No Brokers. Landlord and Tenant each represents and warrants to one another that no broker has been involved in the negotiation or consummation of this Lease. Tenant and Landlord each agree to indemnify, defend (with an attorney of the indemnitee’s choice) and hold the other harmless from and against all claims, demands, causes of action and liabilities, including without limitation attorneys’ fees and costs, arising out of a claim for a commission by any other broker purporting to have acted on behalf of the indemnifying party.
25. Force Majeure. Neither party shall be required to perform any term, covenant or condition of this Lease so long as such performance is delayed or prevented by force majeure, which shall mean any acts of God, material restriction by any governmental authority, civil riot, and any other cause not reasonably within the control of such party and which by the exercise of due diligence such party is unable, wholly or in part, to prevent or overcome.
26. General Conditions.
(a) Counterparts. This Lease may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
(b) Captions. The captions in this Lease are inserted for convenience of reference and in no way define, describe or limit the scope or intent of this Lease or any of the provisions of this Lease.
(c) Partial Invalidity. Any provision of this Lease which is unenforceable, invalid, or the inclusion of which would adversely affect the validity, legality, or enforcement of this Lease shall have no effect, but all the remaining provisions of this Lease shall remain in full effect. (d) No Third-Party Rights. Nothing in this Lease, express or implied, is intended to confer upon any person, other than the parties to this Lease and their respective successors and assigns, any rights or remedies.
18 (e) Time Of Essence. Time is of the essence in this Lease. (f) Relationship. Nothing contained in this Lease shall be deemed or construed by the parties or by any third person to create a relationship of principal and agent or partnership or a joint venture between Landlord and Tenant or between either or both of them and any third party. (g) Tenant Approval. Whenever a reference is made herein to an action or approval to be undertaken by the Tenant, the City Manager of the City of National or his or her designee is authorized to act on behalf of the Tenant (without further approval from the City Council) unless specifically provided otherwise or the context should require otherwise. (h) Exhibits Incorporated. All exhibits referred to in and attached to this Lease are hereby incorporated in this Lease by this reference.
(i) Further Assurances. Landlord and Tenant agree to execute all such instruments and documents and to take all actions which are reasonably necessary to carry out this Lease or accomplish its intent.
(j) Incorporation of Prior Agreements. This Lease contains all agreements of Landlord and Tenant with respect to any matter mentioned, or dealt with, herein. No prior agreement or understanding pertaining to any such matter shall be binding upon Landlord or Tenant. (k) Amendment. This Lease may only be amended by written agreement signed by Landlord and by Tenant.
(l) No Waiver. No waiver by either party of any provision hereof shall be deemed a waiver of any other provision hereof or of any subsequent breach of the same or any other provision. Landlord’s consent to or approval of any act shall not be deemed to render unnecessary obtaining such Landlord’s consent to or approval of any subsequent act. No waiver by either party shall be effective unless it is in writing, executed on behalf of such party. (m) Consents. All consents to be given by either party shall be reasonably and timely given.
(n) No Leasehold Mortgages. Tenant shall not encumber its leasehold interest in the Premises, without the prior written approval of the Landlord. (o) Nondiscrimination. There shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin or ancestry in the leasing, subleasing, renting, transferring, use, occupancy, tenure or enjoyment of the Premises, nor shall Tenant itself, or any person claiming under or through it, establish or permit such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the Premises.
(p) Signature Authority. All individuals signing this Lease for a party which is a
19 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 each other party hereto 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. (q) Approval Rights of Limited Partner and Lenders. Tenant acknowledges that Landlord may be required to obtain the approval of Landlord’s limited partner with respect to the various matters for which Landlord’s approval is required hereunder and with respect to any amendment, assignment, sublease, modification or voluntary termination for surrender of this Lease. Tenant further acknowledges that Landlord may have to obtain the consent of its lenders who hold the Building as collateral with respect to any amendment, modification or voluntary termination or surrender of this Lease.
(r) Applicable Law. This Lease shall be governed by and construed in accordance with the laws of the State of California.
(s) Attorneys’ Fees. If any action is brought by either party against the other party, the prevailing party shall be entitled to recover from the other party reasonable attorneys’ fees, costs and expenses incurred in connection with the prosecution or defense of such action. For purposes of this Lease, the term “attorneys’ fees” or “attorneys’ fees and costs” shall mean the fees and expenses of counsel to the parties hereto, which may include printing, copying and other expenses, air freight charges, and fees billed for law clerks, paralegals and other persons not admitted to the bar but performing services under the supervision of an attorney. [Remainder of Page Left Intentionally Blank; Signature Page Follows]
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above.
TENANT:
CITY OF NATIONAL CITY
By: ____________________________
Benjamin A. Martinez,
City Manager
Date: ___________
APPROVED AS TO FORM:
By: ____________________________
Barry J. Schultz
City Attorney
Date: ___________
[SIGNATURES CONTINUED ON FOLLOWING PAGE]
EXHIBIT A
PREMISES
Exhibit A
Premises
EXHIBIT B
RULES & REGULATIONS
1) Landlord shall provide two (2) keys to Tenant for the Premises. Tenant shall provide one copy to Landlord of all new locks or bolts Tenant install in any door or window of the Premises within three (3) days of such installation. Upon termination of the Lease, all keys to the Premises shall be surrendered to Landlord.
2) Tenant shall keep the Premises clean and sanitary.
3) Tenant shall have no access to Landlord’s agents for maintenance work in the Premises.
Landlord’s agents shall not perform any work other than its regular duties, except when so directed by Landlord.
4) Tenant shall not disturb, solicit, or canvas any occupant of the Building. 5) Tenant shall store all trash within Tenant’s separately designated trash bins inside the trash room, and dispose of such trash and recycling through regularly scheduled pick- ups. No trash bins shall be left on the sidewalk. No material shall be placed in trash bins if disposal in the ordinary and customary manner in National City would violate any applicable law or ordinance. Tenant shall keep the top of its designated trash bins and the area underneath and immediately surroundings their trash bins clean, clear and free from trash. Tenant shall make no use of the Building’s trash dumpster, bins or other containers used by Landlord for the storage of the Building’s trash.
6) Any trash bins outside the Premises must be locked at all times. 7) Tenant shall comply with all safety, fire protection and evacuation procedures and regulations established by Landlord or any governmental agency.
RESOLUTION NO. 2024 -
RESOLUTION OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING THE CITY
MANAGER TO EXECUTE A COMMERCIAL LEASE BY AND BETWEEN THE CITY OF
NATIONAL CITY AND D AVENUE HOUSING ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP FOR THE SENIOR CENTER FACILITY FOR 65 YEARS AT A RENT EQUAL TO $1.00 PER YEAR.
WHEREAS, a Disposition and Development Agreement (“DDA”) by and among the Community Development Commission–Housing Authority of the City of National City (“CDC-HA”) and Community HousingWorks (D Avenue Housing Associates, L.P.) for the Kimball Highland Master Plan was executed on October 20, 2020, per Resolution 2020-77; and
WHEREAS, p hase two of the DDA included the construction of a fully furnished and equipped turnkey operational Senior Center to be used by CDC-HA.; and
WHEREAS, the “Senior Center Lease” is defined as a commercial lease by and between the “Landlord” (D Avenue Housing Associates, L.P.) and “Tenant” ( City of National City or City ) relating to the Senior Center; and
WHEREAS, the Senior Center will have a triple net lease for a term of 65 years at a rent equal to $1.00 per year; and
WHEREAS, the “Triple Net Lease” requires the Tenant to pay its own utilities, janitorial, trash removal, repairs, maintenance, and other operating expenses directly relating to the use of the premises in addition to rent; and
WHEREAS, the Tenant will not be required to pay any security deposit to the Landlord ; and
WHEREAS, the Senior Center will be an approximately 7,700 square foot space located on the first floor of the attached affordable housing project constructed by D Avenue Housing Associates, L.P., including a large community room, restrooms, kitchen, reception area, offices, classrooms, mailbox, trash enclosure, and storage space; and
WHEREAS, a total of 19 designated parking spaces will be provided, including 4 staff parking spaces, 3 ADA-compliant parking spaces, 16 visitor parking spaces, and 1 drop-off area; and
WHEREAS, the Senior Center will be used to provide senior services and for education, exercise, and wellness-related uses for seniors.
NOW, THEREFORE, THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: The City of National City hereby authorizes the City Manager or his designee to execute a Commercial Lease Agreement for the Senior Center facility for $1.00 per year for 65 years.
Section 2: The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolution.
PASSED and ADOPTED this 15th day of October, 2024.
Ron Morrison, Mayor
ATTEST:
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
Barry J. Schultz, City Attorney
AGENDA REPORT
Department: Planning
Prepared by: Sophia Depew, Assistant Planner
Meeting Date: Tuesday, October 15, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
Notice of Decision – Planning Commission approval of a Conditional Use Permit (CUP) for beer and wine sales at an existing r estaurant (La Malcriada Birrieria) located at 1604 E. 18th Street, Suites A & B.
RECOMMENDATION:
Staff Recommends Approval of the Sale of On-Site Beer and Wine, Subject to the Recommended Conditions in Planning Commission Resolution No. 2024-15, and a Determination that the Project is Exempt from CEQA. The Sale of Alcohol is a Conditionally -Allowed Use in Minor Mixed-Use Corridor Zone and Would be Accessory to Food Sales in the Restaurant.
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
On October 7, 2024, t he Planning Commission recommended approval of th e CUP by a unanimous vote of those present.
Ayes: Armenta, Castle, Forman, Miller, Sanchez, Valenzuela Absent: Quinones
EXPLANATION:
The operator of La Malcriada Birrieria restaurant has applied for a California Department of Alcoholic Beverage Control (ABC) Type 41 license to offer beer and wine sal es. The hours of operation as proposed by the applicant are 8:00 a.m. to 10:00 p.m. daily inside the restaurant and 8:00 a.m. to 9:00 p.m. daily outside on an existing patio.
The Planning Commission conduc ted a public hearing on October 7 , 2024, and voted to recommend approval of the request based on the attached findings and recommended Conditions of Approval. The attached Planning Commission staff report describes the proposal in detail.
FINANCIAL STATEMENT:
An application fee of $3,700 was paid with the submittal of the subject CUP. Fees are anticipated to cover the cost of staff review time and processing of the permit.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Balanced Budget and Economic Development
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 – Planning Commission Staff Report with attachments Exhibit B – 10/7/24 Planning Commission PowerPoint slides
Item no. 6
October 7, 2024
COMMUNITY DEVELOPMENT DEPARTMENT - PLANNING DIVISION
1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950
PLANNING COMMISSION STAFF REPORT
Title: PUBLIC HEARING – DETERMINATION THAT THE
PROJECT IS CATEGORICALLY EXEMPT FRO M THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
UNDER CLASS 1 OF THE CEQA GUIDELINES SECTION
15301 (EXISTING FACILITIES) AND CONDITIONAL USE
PERMIT FOR BEER AND WINE SALES (ABC TYPE -41) AT
AN EXISTING RESTAURANT (LA MALCRIADA BIRRIERIA)
LOCATED AT 1604 EAST 18TH STREET, SUITES A & B.
Case File No.: 2024-16 CUP
Location: Southeast corner of Palm Avenue and East 18th Street
Assessor’s Parcel Nos.: 561-360-46-00
Staff report by: Sophia Depew, Assistant Planner
Applicant: Andrea Rivas
Zoning designation: Minor Mixed-Use Corridor (MXC-1)
Adjacent use and zoning:
North: 7 Eleven, Multifamily Residential / MXC-1 and High-Density Multi-Unit Residential (RM-2)
East: Barber Shop, Single-Family Residential, Golf Course / MXC-1 and Open Space (OS)
South: Single-Family Residential / MXC-1 and RS-2
West: Munchies Corner Store and Single-Family Residential / MXC-1 and RS-2
Environmental review: Categorically exempt from environmental review pursuant to Class 1, Section 15301 (Existing Facilities)
Planning Commission
Meeting of October 7, 2024
Staff recommendation: Approve
Planning Commission
Meeting of October 7, 2024
Staff Recommendation
Staff recommends approval of the sale of on -site beer and wine, subject to the recommended conditions in the attached resolution and a determination that the project is exempt from CEQA. The sale of beer and wine is a conditionally-allowed use in the Minor Mixed-Use Corridor zone and would be accessory to food sales at the restaurant.
Executive Summary
The operator of La Malcriada Birrieria restaurant has applied for a California Department of Alcoholic Beverag e Control (ABC) Type 41 license to offer beer and wine sales. Currently, the hours of operation are from 8:00 a.m. to 7:00 p.m.
The applicant is proposing to increase hours of operation from 8:00 a.m. to 10:00 p.m. daily. Proposed hours of alcohol sales are daily from 8:00 a.m. to 10:00 p.m. inside the restaurant and from 8:00 a.m. to 9:00 p.m. outside on the patio.
Site Characteristics
La Malcriada Birri eria is an existing restaurant located at the co rner of E 18 th Street and Palm A venue within th e Mino r Mixed-Use Corridor zone. The restaurant is 960 square feet in size, with approximately 340 square feet dedicated to dining area . The outdoor patio is 180 square feet. The restaurant has 37 seats available inside and an additional 12 seats available outside on the patio.
Proposed Use
The business is proposing to sell beer and wine on site (ABC Type 41) in conjunction with food sales in the restaurant. Restaurant hours will be 8:00 a.m. to 10:00 p.m. daily. Proposed hours of alcohol sales are daily from 8:00 a.m. to 10:00 p.m. inside the rest aurant and from 8:00 a.m. to 9:00 p.m. outside on the patio. No live entertainment is proposed.
Analysis
Section 18.30.050 of the Land Use Code allows for on -site alcohol sales with an approved Conditional Use Permi t ( CUP). Additional requirements for a lcohol CUPs include expanded notification, a community meeting, and di stance requirements. City Council Policy 707 also regulates alcohol sales in the city.
The site wa s previously approved for the same type of ABC License (Type 41) with a CUP in 2019 that has since expired due to a discontinued use for a period of 12 months or longer.
Planning Commission
Meeting of October 7, 2024
Hours of Operation for Alcohol Sales
Conditions of approval for alcohol sales reflect what the applicant has requested (8:00 a.m. to 10:00 p.m. indoors and 8:00 a.m. to 9:00 p.m. outdoors daily). The applicant has stated that the proposed hours are the maximum that could be expected, depending on the future success of the busin ess. Current hours are advertised as 8:00 a.m. to 7:00 p.m. The previous CUP approval was for 10:00 a.m. to 10:00 p.m. No live entertainment is proposed.
Mailing – All property owners and occupants within a dista nce of 660 feet are required to be notified of a public hearing for al cohol-related CUP applications.
Notice of this public hearing was sent to 371 occupants and owners.
Comments
The Planning Division has not received any public comment as of the writing this report.
Community Meeting - Pursuant to Section 18.30.050 (C) of the National City Zoning Code, a community meeting was held Wednesday, September 11, 2024 at 6:00 p.m. at the restaurant . The meeting adver tisement is attached (Attachment 8); Based on the attached sign -in sh eet, no c ommunity me mbers attended the meeting.
Distance Requirements – Chapter 18.030.050 (D) of the Land Use Code (LUC) requires a 660 -foot distance from any public school for restaurants serving alcohol; Restaurants with greater than 30% of their area devoted to seating are exempt from this distance requirement. The property in question meets th is requirement with a pproximately 35% of its floor area devoted to seating. Las Palmas Elementary School is approximately 560 feet away.
Alcohol Sales Concentration/Location
According to the California Department of Alcoholic Beverage Con trol (ABC), there a re currently three on-site licenses in census tract 121.01, where a maximum of two are recommended. The census tract is considered over concentrated by ABC with regard to on-site alcohol sales outlets.
Planning Commission
Meeting of October 7, 2024
Police Department (PD)
The ABC Risk Assessment provided by PD allocated a total of 1 1 points, which places it in the Low Risk category (Low Risk is considered 12 or less points). The risk assessment is included as Attachment 6.
Institute for Public Strategies (IPS)
Comments were received from IPS with the following considerations:
1. Require that staff, management, and owner attend an in -person Responsible Beverage Sales and Service training. See the California Alcoholic Beverage Control website for future trainings.
2. Require signage indic ating t hat alcoholic beverages may not be taken beyond the front patio exit and into the parking lot.
Standard conditions of approval are included in the report in compliance with City Council Policy 707. IPS comments are included as Attachment 7. The app lication is for a r estaurant use and the proposed alcohol sales are incid ental to the primary use. Conditions of approval are included that restrict live entertainment.
Findings for Approval
The following are the required findings in the attached draft resolution:
1. Allowable Use: Alcohol sales are allowable within Minor Mixed -Use Corridor zone , pursuant to a CUP, and the proposed use meets the required guidelines in the Land Use Code for al cohol sales, as discussed in the staff report. The use is incidental to the existing restaurant use in a mixed-use area.
2. General Plan Consistency : Alcohol sales is a permitted use, subject to a CUP, by the Land Use Code, which is consistent with the Gener al Plan. In addition, a restaurant with alco hol sales is consistent with t he Minor Mixed-Use Corridor zone land use designation and the Community Character element of the General Plan.
3. Compatibility, LUC, and Traffic: No expansion of the building is proposed.
The proposal involves an existing commercial space, which was previously analyzed for traffic impacts when it was constructed. The site is physically suitable for the type, dens ity, and intensity of use being propo sed, including acc ess, utilities, and the absence of physical constraints. The proposed uses would be incidental to the primary use of food service.
Planning Commission
Meeting of October 7, 2024
4. No Nuisance: The proposed use will be subject to conditions that lim it the sale of beer and wine as well as the hours that it will be available. Beer and wine will only be available with the sale of food. In addition, all staff members serving alcohol are required to receive RBSS training. There is no l ive entertainment proposed on site.
5. California Environ mental Quality Act (CEQA): The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and has been determined to be categorically exempt from environmental review pursuant t o Class 1, Section 15301 (Existing Facilities) for whic h a Notice of Exemption will be filed subsequent to approval of this Condi tional Use P ermit. The reason for the exemption is that the use is proposed within an existing commercial building, and the use is similar to other commercial uses in the area, which are permitted in Minor Mixed-Use Corridor zone.
6. Public Convenience and Necessity: The restaurant, a permitted use in the Minor Mixed-Use Corridor zone, will benefit from the sale of alcohol by providing for a wider diversity of businesses that add character to the area.
Findings for Denial
The following are findings for deni al due to ne arby businesses that sell beer and wine:
1. Granting the permit would constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the census tract in which the subject property is located is currently over-concentrated with regard to on-sale alcohol outlets – There are three on-sale licenses, where a maximum of two are recommended.
2. The proposed use is not deemed essential to the public necessity, as there are three restaurants in census tract 121.01 that already serve beer and wine.
Planning Commission
Meeting of October 7, 2024
3. Based on the above findings, public convenience and necessity will not be served by a proposed use of the property for the on-site sale of alcoholic beverages pursuant to law.
Conditions of Approval
Standard Conditions of Approval have been i ncluded with this permit as well as conditions specific to on -site alcohol sales per Council Policy 707 (hours of operation, employee training, and accessory sales, etc.).
Summary
The proposed use is consistent with the General Plan due to alcohol sales f or on- site consumption being a conditionally -allowed use in Minor Mixed-Use Corridor zone. The proposed use would be incidental to the proposed r estaurant use in a commercial area. The addition of on -site beer and wine sales is not expec ted to increase the demand for parking, other services on the property, or have any significant effects on the area. Although the census tract in which the restaurant is located is over -concentrated with regard to on -sale alcohol licenses, beer and wine will only be available with t he sale of food and the Police Department has classified the establishment as Low Risk.
Options
1. Find the project exempt from CEQA un der Class 1 of the CEQA Guidelines Section 15301 or other exemption and approve 2024 -16 CUP, subject to the conditions included i n the Resolution, or other conditions, and based on the findings included in the Resol ution, or other findings to be determined by the Planning Commission; or,
2. Find the project not exempt from CEQA and/or deny 2024-16 CUP based on the attached findings or findings to be determined by the Planning Commission; or,
3. Continue the item to a specific date in order to obtain additional information.
Attachments
1. Draft Resolutions
2. Overhead
3. Applicant's Plans (Exhibit A, Case File No. 2024-16 CUP, dated 9/19/2024)
4. Public Hearing Notice (Sent to 371 property owners & occupants)
Planning Commission
Meeting of October 7, 2024
5. Census Tract & Police Beat Maps
6. Police Department Comments
7. IPS Comments
8. Community Meeting Information
RESOLUTION NO. 2024-15
A RES
OLUTION OF THE PLANNING COMMISSION
OF THE CITY OF NATIONAL CITY, CALIFORNIA DETERMINING THAT THE
PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1 OF THE CEQA GUIDELINES SECTION 15301 (EXISTING FACILITIES) AND
APPROVING A CONDITIONAL USE PERMIT FOR BEER AND WINE SALES (ABC TYPE-41) AT EXISTING RESTAURANT (LA MALCRIADA BIRRIERIA) LOCATED AT 1604 EAST 18TH STREET, SUITES A & B.
CASE FILE NO. 2024-16 CUP
APN: 561-360-46-00
WHEREAS, t
he Planning Commission of the City of National City considered a Conditional Use Permit for beer and wine sales at an existing restaurant (La Malcriada Birrieria) located at 1604 E ast 18 th Street , Suites A & B at a duly advertised public hearing held on October 7, 2024, at which time oral and documentary evidence was presented; and,
WHER
EAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 202 4-16 CUP maintained by the City and incorporated herein b y reference along with evidence and testimony at said hearing; and,
WHER
EAS, this action is taken pursuant to all applicable procedures required by State law and City law.
NOW, T
HEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on October 7, 2024, support the following findings:
1. The proposed
use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, because the use is allowable within the Minor Mixed -Use Corridor zone pursuant to a CUP and the proposed use meets the required guidelines in the Land Use Code for al cohol sales, as discussed in the staff report.
2. The propos
ed use is consistent with the General Plan and any applicable specific plan, because alcohol sales are permitted, subject to a CUP, by the Land Use Code, which is consistent with the General Plan. In addition, a restaurant with ATTACHMENT 1
alcohol
sales is consistent with the Minor Mixed- Use Corridor zone land use designation and the Community Character element of the General Plan.
3. The des
ign, location, size, and operating characteri stics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because no expansion of the building is proposed. The proposal involves an existing commercial space, which was previously analyzed for traffic impacts when it was constructed.
4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, because no expansion of the building is proposed. T he proposed alcohol sales would be incidental to the primary use of food sales.
5. Grant
ing the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or imp rovements in t he vicinity and zone in which the property is located, because the proposed use will be subject to conditions that limit the sale of beer and wine as well as the hours that it will be available.
Beer and wine will only be available with the sale of food. I n addition, all staff members serving alcohol are required to receive RBSS training.
6. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and has been determined to be categor ically exempt from environmental review pursuant to Class 1, Section 15301 (Existing Facilities) for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. The reason for the exemption is that the use is proposed within an existing commercial b uilding and the use is similar to other commercial uses in the area, which are permitted in permitted Minor Mixed -Use Corridor zone.
7. The p
roposed use is deemed essential and desirable to the public convenience or necessity, because the restaurant, a permitted use in the Minor Mixed-Use Corridor zone, will benefit from the sale of alcohol by providing for a wider diversity of businesses that add character to the area.
8. Base
d on findings 1 through 7 above, public convenience and necessity will be served by a proposed use of the property for the on-site sales of alcoholic beverages in accordance with applicable law and the recommended conditions.
The use, as proposed and conditioned, will operate in harmony with surrounding
uses,
will not cause a nuisance, and will benefit the community looking for a quality restaurant experience.
BE
IT FURTHER RESOLVED that the application for a Conditional Use Permit is approved subject to the following conditions:
Gener
al
1. This Conditional Use Permit authorizes the sale of beer and wine for on- site consumption at an existing restaurant (La Malcriada Birrieria) located at 1604 E 18 th Stre
et, Suites A & B. Plans submitted for permits associated with this project shall conform to Exhibit A, Case File No. 2024-16 CUP, dated 9/19/2024.
2. Before this Conditional Use Permit shall become effective, the applicant and the property owner shall both sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit .
The applicant or owner shall also submit evidence to the satisfaction of the Planning Division that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant or owner shall pay necessary recording fees to the County.
The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City At torney and signed by the Director of Community Development p rior to recordation.
3. This permit shall become null and void at such time as there is no longer a Type 41 California Department of Alcoholic Beverage Control license associated with the property.
4. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in the Municipal Code.
5. This permit shall expire if the use authorized by this r esolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time.
6. This Conditional Use Permit may be revoked if the operator is found to be in violation of any Conditions of Approval.
Pla
nning
7. No alcohol sales and consumption practices shall be permitted until the applicant has been issued a Type 41 license from the California Department of Alcoholic Beverage Control.
8. All sellers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the R BSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies.
9. The sale of alcoholic beverages shall only be permitted between the hours of 8:00 a.m. to 10:00 p.m. inside the resta urant and from 8:00 a.m. to 9:00 p.m. outside on the patio, daily.
10. The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential.
11. Alcohol shall be available only in conjunction with the purchase of food.
12. The sale of alcoholic beverages f or off-site consumption is not permitted at this location. Signage shall be posted in the patio dining area, including all exits to outdoor seating areas, indicating that alcoholic beverages must be consumed inside the restaurant or patio area and may not be taken off-premises.
13. No live entertainment is permitted without modification of this CUP or issuance of a Temporary Use Permit.
14. The operator of the business shall maintain an active business license and ensure that the business license is renewed annually.
Police
15. The permittee shall comply with all applicable law, incl uding, but not limited to the regulatory provisions of the Business and Professions Code that pertain to the sale, serving, and consumption of alcoholic beverages.
Indemnification Agreement
The A pplicant shall defend, indemnify, and hold harmless the Ci ty, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City will promptly notify the Applicant o f any claim, action, or proceeding. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, the Applicant s hall pay all of the c osts related thereto, including without limitation reas onable attorney's fees and costs. In the event of a disagreement between the City and Applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, s ettlement or other disposition of the m atter. However, the Applicant shall not be required to pay or perform any settlement unless such settlement is approved by the Applicant.
BE
IT FURTH ER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council.
BE
IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Plann ing Com mission resolution is set for review, unless an appeal in wr iting is filed with the City Clerk prior to 5:00 p.m. on the da y of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and se t the matter for publ ic hearing.
CERT
IFICATION:
Thi
s certifies that the Re solution was adopted by the Planning Commission at their meeting of October 7, 2024, by the following vote:
AYES:
NAYS:
ABSENT
:
ABSTAI
N:
________________________
CHAIRPERSON
RE
SOLUTION NO. 2024-15
A RE
SOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF NATIONAL CITY, CALIFORNIA
DENYING A CONDITIONAL USE PERMIT FOR
BEER AND WINE SALES AT AN EXISTING RESTAURANT (LA MALCRIADA BIRRIERIA) LOCATED AT 1604 EAST 18TH STREET, SUITES A & B.
CASE FILE NO. 2024-16 CUP
APN: 561-360-46-00
WHER
EAS, the Planning Commission of t he City of National City considered a Conditional Use Permit for beer and wine sales at a n existing restaurant (La Malcriada Birrieria) located at 1604 East 18 th Street, Suites A & B at a duly advertised public hearing held on October 7, 2024, at which time oral and documentary evidence was presented; and,
WH
EREAS, at said public hearings the Planning Commission considered the staff report c ontained in Case File N o. 202 4-16 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and,
WH
EREAS, this action is taken pursuant to all applicable procedures required by State law and City law.
NOW
, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the t estimony and evidence presented to the Planning Commission at the public hearing held on October 7, 2024 support the following findings:
1. Granting the permit would constitute a nuisance or be injurious or detrim ental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is l ocated, bec ause the census tract in which the subject property is located is currently over -concentrated with regard t o on- sale alcohol outlets – three on-sale outlets are permitted where two are recommended by the California Department of Alcoholic Beverage Control.
2. The pr
oposed use is not deemed essential to the public necessi ty, as there are already three restaurants in the same census tract that serve beer and wine.
3. Ba
sed on the above findings, public convenience and necessity will not be served by a p roposed use of the property for the on-site sale of alcoholic beverages pursuant to law.
BE
IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council.
BE IT
FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council mee ting w here the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on th e day of that City Council meeting . The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing.
CERT
IFICATION:
Thi
s certifies that the Resolution was adopted by the Planning Commission at t heir meeting of October 7, 2024, by the following vote:
AYES:
NAYS:
ABSENT
:
ABSTAI
N: ________________________
CHAIRPERSON
2024-16 CUP – 1604 E 18th Street, Suites A & B – Overhead N
ATTACHMENT 2Page 369 of 520
TITLE SHEET
MARIMAR
1604 EAST 18TH ST.
NATIONAL CITY, CA. 91950
PLAN FILE NUMBER_
A________
DATE_
JOB NUMBER_
DRAWN BY_
SHEET NAME + No._
REVISIONS_
SCOPE OF WORK
VICINITY MAP
ABBREVIATIONS AND
DESCRIPTIONS
DEVELOPMENT SUMMARY
08.22.2024
____
ATTACHMENT 3
NOTICE OF PUBLIC HEARING
DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1 OF THE CEQA GUIDELINES SECTION 15301 (EXISTING FACILITIES) AND CONDITIONAL USE PERMIT FOR BEER AND WINE SALES (ABC TYPE-41) AT AN EXISTING RESTAURANT (LA MALCRIADA BIRRIERIA) LOCATED AT 1604 E 18TH STREET, SUITES A & B CASE FILE NO.: 2024-16 CUP
APN: 561-360-46-00
The National City Plan ning Commission will hold a public hearing after the hour of 6:00 p.m .
Monday, October 7, 2024, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Andrea Rivas) The business is proposing to sell beer and wine on site (ABC Type 41) in con junction with food sales at the existing restaurant (La Malcriada Birrieria). The applicant is proposing to sell alcohol indoors from 8:00 a.m. to 1 0:00 p.m. and outdoors from 8:00 a.m. to 9:00 p.m. daily.
Planning Commission will also consider the staff d etermination that the p roject is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Class 1, Section 15301 (Existing Facilities).
Information is available for review at the City’s Planning Divis ion, Civic Center. Members of the publi c are invi ted to comment. Written comments should be received by the Planning Division on or before 2:00 p.m., October 7 , 2024 by submitting it to [email protected]. Plann ing staff can be contact ed at 619 -336-4310 or [email protected].
If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone els e raised at t he public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing.
ATTACHMENT 4Page 371 of 520
Sources: Esri, HERE, DeLorme, TomTom, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, MapmyIndia, © OpenStreetMap contributors, and the GIS User Community
CensusTracts 2010
August 25, 2014
0 0.75 1.50.375 mi
0 1 20.5 km
1:45,467
ATTACHMENT 5
City of National City
Beat 23
Source: Microsoft Mappoint
NCPD CAU, 4/18/07
Notes:
NATIONAL CITY POLICE DEPARTMENT
ALCOHOL BEVERAGE CONTROL
RISK ASSESSMENT
DATE:
BUSINESS NAME:
ADDRESS:
OWNER NAME: DOB:
OWNER ADDRESS:
(add additional owners on page 2)
I. Type of Business
Restaurant (1 pt)
Market (2 pts)
Bar/Night Club (3 pts)
Tasting Room (1pt)
II. Hours of Operation
Daytime hours (1 pt)
Close by 11pm (2 pts)
Close after 11pm (3 pts)
III. Entertainment
Music (1 pt)
Live Music (2 pts)
Dancing/Live Music (3 pts)
No Enter
tainment (0 pts)
IV. Crime Rate
Low (1 pt)
Medium (2 pts)
High (3 pts)
V. Alcohol Businesses per Census Tract
Below (1 pt)
Average (2 pts)
Above (3 pts)
Revised: 8/16 1 of 2
ATTACHMENT 6
08/30/24
La Malcriada Birrieria
1604 E. 18th Street #A&B, National City, CA 91950
Andrea Rivas
04/23/95
245 Woodlawn Ave #G6, Chula Vista, CA 91910
- Currently, there are (1) off sale licenses authorized in tract 121.01 - Currently, there are (2) on sale licenses authorized in tract 121.01 - Currently, there are (3) active on sale licenses in tract 121.01 - Currently, there are (2) active off sale licenses in tract 121.01 ✔
✔
✔
✔
✔
National City Police Department ABC Risk Assessment
VI. Calls for Service at Location (for previous 6 months) Below (1 pt)
Average (2 pts)
Above (3 pts)
VII. Proximity Assessment (1/4 mile radius of location) Mostly commercial businesses (1 pt)
Some businesses, some residential (2 pts)
Mostly residential (3 pts)
VIII. Owner(s) records check
No criminal incidents (0 pts)
Minor criminal incidents (2 pts)
Multiple/Major criminal incidents (3 pts)
OWNER NAME: DOB:
OWNER ADDRESS:
OWNER NAME: DOB:
OWNER ADDRESS:
Recommendation:
Completed by: Badge ID:
R
evised: 8/16
2 of 2
Low Risk ( 12pts or less)
Medium Risk (13 – 18pts)
High Risk (19 – 24pts)
Total Points
11 This business assessed at a XXXXX risk and is deserving of such a rating.
Owner has a CA Drivers license number of Y9964212
Camacho
449
✔
✔
✔
Funded by the San Diego County Health and Human Services Agency 8885 Rio San Diego Drive #117 San Diego, California, 92108 Phone: 619.476-9100 Fax: 619.476-9104 www.publicstrategies.org
Environmental Scan for
Proposed Type 41 Alcohol CUP
1604 East 18th Street, National City, CA 91950
Conducted: September 5, 2024
Photo of the proposed location.
An environmental scan was conducted on Thursday, September 5, 2024 for a proposed Type 41 on-sale alcohol license at 1604 East 18th Street. During a scan of the business and premises, the following was noted:
• The restaurant is on the corner of East 18th Street and Palm Avenue. There are businesses on each corner, such as La Morena Market, Guanatos Mexican Grill, Bottles & More Liquor and a 7-Eleven.
The liquor store and 7-Eleven are approximately 350 feet from the proposed location. • There is an established residential neighborhood to the East of Highland Ave. • The location has a traditional car infrastructure and a nearby bus stop.
ATTACHMENT 7
Youth Sensitive Areas
• Adventure Point Early Learning Center 1,000 feet away • Las Palmas Elementary School 1,000 feet away
• Las Palmas Park with pool, and little league baseball field 2,600 feet away Churches
United Church of Christ 1st Samoan, 800 feet away, is the closest one to this location.
Crime Rate
A follow up request for crime-related information from personnel within the City of National City Police Department may result in obtaining a more detailed crime rate for this location.
Considerations
The following are considerations if a CUP is issued:
1. Require that staff, management, and owner attend an in-person Responsible Beverage Sales and Service training. See the California Alcoholic Beverage Control website for future trainings.
2. Require signage indicating that alcoholic beverages may not be taken beyond the front patio exit and into the parking lot.
3. Consider establishing clear guidelines for when additional alcohol licenses will or will not be permitted within an already dense area. Please see below for outlet density description and map.
Outlet Density
Based on Centers for Disease Control guidelines, alcohol density is defined as the average distance between a person and their closest alcohol retailer. In the map below, the darker the census tract, the less distance a person has to travel to their closest alcohol retailer. The proposed location is defined as very dense. Additionally, according to the ABC, two (2) on-sale licenses are authorized for the census tract where 1604 East 18th Street, National City, is located. There are already three (3) on-sale licenses for this census tract according to ABC records – exceeding ABC recommendations.
September 1, 2024
Dear Resident / Business Owner:
You are cordially invited to aAend a community meeBng regarding a CondiBonal Use Permit (CUP) with the city of NaBonal City by Andrea Rivas (Doing Business As – La Malcriada Birreria Restaurant) for a California Department of Alcoholic Beverage Control (ABC) Type-41 license (beer and wine) to compliment their exisBng restaurant.
Wednesday, September 11, 2024
6:00pm to 7:00pm
Birreria La Malcriada Birreria Restaurant
1604 East 18th Street
NaBonal City, CA 91950
The applicant will provide an overview of their request and have a quesBon and answer session shortly therea[er.
If you have any quesBons please feel free to contact Marco Cortes at (619) 852-4690 (or at [email protected]).
ATTACHMENT 8Page 379 of 520
640 WEST BEECH STREET, STE. 3-B
SAN DIEGO, CA 92101
619-852-4690
September 13, 2024
Sophia Depew
Planning Technician
Community Development Department
City of NaAonal City
1243 NaAonal City Boulevard
NaAonal City, CA 91950
RE: ANDREA RIVAS (dba – LA MALCRIADA BIRRERIA RESTAURANT) Report for Community MeeBng; Ms. Depew:
On behalf of Andrea Rivas (dba – La Malcriada Birreria Restaurant), I am submiRng a summary of the Com- munity MeeAng that was held on Wednesday, September 11, 2024, 6:00pm to 7:00pm, La Malcriada Birreria Restaurant located at 1604 East 18th Street, NaAonal City, CA 91950.
The applicant and I were present and began the mee Ang at 6:00pm. Unfortunately, nobody a Zended the meeAng and the meeAng was adjourned at 7:00pm.
Thank you for your considera Aon, if I can be of further assistance please feel free to contact me directly at (619) 852-4690.
Kind regards,
Marco Polo Cortes
Marco Polo Cortés
President
SIGN-IN-SHEET
PROJECT: Condi.onal Use Permit / ABC Type-41 License Request Community Mee.ng
Wednesday, September 11, 2024
6:00pm to 7:00pm
Andrea Rivas
(Doing Business As) La Malcriada Birreria Restaurant
1604 East 18th Street
Na.onal City, CA 91950
NAME ADDRESS SIGNATURE
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________
City of National City
Planning Commission
Meeting
MEETING OF OCTOBER 7, 2024
Public Hearing
CONDITIONAL USE PERMIT FOR
ALCOHOL SALES AT AN EXISTING
RESTAURANT (LA
MALCRIADA
BIRRIERIA
) LOCATED AT 1604 E 18
TH
STREET, SUITES A & B
2024
-
16 CUP
Overhead
Site Characteristics
➢La Malcriada Birrieria
➢ Existing 960 square foot restaurant in the MXC-1 zone ➢ The site was previously approved for same ABC license (Type 41) with a CUP in 2019, which was never exercised. ➢Located on Southeast corner of E 18th Street and Palm Avenue ➢Surround by various commercial and residential uses
➢Census tract 121.01
Proposal
➢The business proposes to sell beer and wine (ABC Type 41) in conjunction with food sales ➢Proposed hours of operation are daily from 8:00 a.m. to 10:00 p.m. inside the restaurant and 8:00 a.m. to 9:00 p.m. outside on the patio.
➢Previous CUP approved for 10:00 a.m. to 10:00 p.m.
➢Floor plan indicates the total area dedicated to seating ➢Indoors – 340 square feet.
➢Outdoor- 180 square feet.
➢No live entertainment is proposed.
Floor Plan
Analysis
➢NCMC 18.30.050 allows for alcohol sales for on-site consumption with approved CUP ➢Additional requirements for alcohol CUPs:
➢Mailing – owners/occupants within 660 ft. (371)
➢Community meeting – Held September 11, 2024 – no attendees ➢Census Tract 121.01– 3 on-sale licenses where 2 are recommended ➢Distance requirements – Not applicable for restaurants with 30% of their floor area dedicated to seating. ➢ La Malcriada Birrieria has 35% of their floor area dedicated to seating. ➢City council policy 707
➢ Standard conditions
Comments:
Police Department (PD)
➢Risk Assessment – 11 points
➢ Low risk – 12 points or less
➢ Assigns points based on type of business, license concentration, calls for service, etc.
Institute for Public Strategies (IPS)
➢ Require in-person Responsible Beverage Sales and Service (RBSS) training for all staff. ➢ Require signage indicating that alcoholic beverages may not be taken beyond the front patio exit and into the parking lot.
Conditions
➢Standard Conditions of Approval
➢Conditions specific to on-site alcohol sales per Council Policy 707 ➢Hours of operation
➢Employee training
➢Accessory sales
➢Application-specific conditions
➢IPS comments
Summary
➢Proposed use is consistent with the General Plan
➢Alcohol sales for on-site consumption are a conditionally-allowed use in MXC-1 zone ➢Alcohol sales would be accessory to the business in an established commercial area ➢Inclusion of conditions consistent with Council Policy 707 intended to alleviate concerns related to area impacts
➢Additional conditions addressing IPS comments
Options
• Find project exempt from CEQA & approve 2024-16 CUP based on findings listed in the draft resolution / findings determined by the Commission; or • Find project not exempt from CEQA and/or deny 2024-16 CUP based on findings listed in the draft resolution / findings determined by the Commission; or • Continue the item for additional information
• Staff recommending approval
• Notice of Decision to City Council
AGENDA REPORT
Department: Planning
Prepared by: Sophia Depew, Assistant Planner
Meeting Date: Tuesday, October 15, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
Notice of Decision – Planning Commission Approval of a Conditional Use Permit (CUP) for the Addition of Distilled Spirits to an Existing Beer and Wine License at Manolo Farmers Market Located at 303 Highland Avenue.
RECOMMENDATION:
Staff Recommends Approval of the Addition of Distilled Spirits to the Existing Sale of Off-Sale Beer and Wine, Subject to the Recommended Conditions in the Attached Planning Commission Resolution No. 2024-14, and a Determination that the Project is Exempt from CEQA. The Sale of Alcohol is a Conditionally-Allowed Use in the Minor Mixed-Use Corridor (MXC-1) Zone and Would Continue to be Accessory to the Retail Sales at the Existing Grocery Store.
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
On October 7, 2024, the Planning Commission recommended approval of the CUP by a unanimous vote of those present. The motion recommended an additional condition of approval requiring the applicant to use electronic ID verification for alcohol sales.
Ayes: Armenta, Forman, Miller, Valenzuela Recused: Castle, Sanchez Absent: Quinones
EXPLANATION:
The applicant (Manolo Farmers Market) proposes to upgrade their existing ABC Type-20 license (off-sale beer and wine) to an ABC Type-21 (off-sale beer, wine, and distilled spirits). Existing and proposed hours of alcohol sales are 7:00 a.m. to 10:00 p.m. daily.
The Planning Commission conducted a public hearing on October 7, 2024, and voted to recommend approval of the request based on the attached findings and recommended Conditions of Approval. The attached Planning Commission staff report describes the proposal in detail.
FINANCIAL STATEMENT:
An application fee of $3,700 was paid with the submittal of the subject CUP. Fees are anticipated to cover the cost of staff review time and processing of the permit.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Balanced Budget and Economic Development
ENVIRONMENTAL REVIEW:
This is a project under CEQA subject to a Categorical Exemption. Ex isting 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 – Planning Commission Staff Report with attachments Exhibit B – 10/7/24 Planning Commission PowerPoint slides
Item no. 5
October 7, 2024
COMMUNITY DEVELOPMENT DEPARTMENT - PLANNING DIVISION
1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950
PLANNING COMMISSION STAFF REPORT
Title: PUBLIC HEARING – DETERMINATION THAT THE
PROJECT IS CATEGORICALLY EXE MPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
UNDER CLASS 1 OF THE CEQA GUIDELINES SECTION
15301 (EXISTING FACILITIES) AND CONDITIONAL USE
PERMIT FOR THE SALE OF BEER, WINE , AND
DISTILLED SPIRITS (ABC TYPE- 21) AT AN EXISTING
GROCERY STORE (MANOLO F ARMERS MARKET )
LOCATED AT 303 HIGHLAND AVENUE.
Case File No.: 2024-11 CUP
Location: 303 Highland Avenue
Assessor’s Parcel No.: 556-180-23-00
Staff report by: Sophia Depew, Acting Assistant Planner
Applicant: CD Marketplace Inc. by Chris Dallo
Zoning designation: Minor Mixed-Use Corridor (MXC-1)
Adjacent use and zoning:
North: Commercial (MXC-1) and Single-Family Residential (RS-2)
East: Multifamily Residential (RM-2)
South: Commercial Retail (MXC-1) and Residential (RS-2)
West: Commercial Retail MXC- 1 (La Casa Liquor, Quick Wash Laundromat, La Sierra Café) across Highland Ave
Environmental review: Categorically exempt from environmental review pursuant to Class 1, Section 15301 (Existing Facilities)
Staff recommendation: Approve
Planning Commission
Meeting of October 7, 2024
Staff Recommendation
Staff recommends approval of the addition of distilled spirits to the existing sale of off-sale beer and wine, subject to the recommended conditions in the attached resolution and a determination that the project is exempt from CEQA. The sale of alcohol is a conditionally-allowed use in the Minor Mixed-Use Corridor (MXC-1) zone and would continue to be accessory to the retail sales at the existing grocery store.
Executive Summary
The applicant (Manolo Farmers Market) proposes to upgrade their existing ABC Type-20 license (off-sale beer and wine) to an ABC Type- 21 (off-sale beer, wine, and distilled spirits). Existing and proposed hours of alcohol sales are 7:00 a.m. to 10:00 p.m. daily.
Site Characteristics
Manolo Farmers Market is an existing 27,000 square-foot grocery store located on the east side of Highland Avenue between East 2 nd Street and East 4 th Street in the Minor Mixed-Use Corridor (MXC-1) zone. The grocery store is located on its own parcel. The site is surrounded by various commercial and residential uses.
The location was previously approved for the sale of beer and wine for off -site consumption within a retail grocery store in 1990 and received an additional CUP approval for extended hours in 2000.
Proposed Use
The business is p roposing to sell distilled spirits in addition to the currently - licensed beer and wine for off-site consumption (ABC Type- 21 alcohol license).
The applicant is proposing to add a distilled spirit s shelf located behind the front counter, where only employee s will be able to access it. Staff is recommending the distilled spirits be secured in addition to being behind the employee counter (condition of approval).
The location currently has an approved Conditional Use Permit and ABC license for the sale of beer and wine. The previously approved hours for alcohol sales were 7:00 a.m. to 1 1:00 a.m. daily. The applicant’s request for the proposed hours of 7:00 a.m. to 10:00 p.m. daily reflect the current hours of operation at the store. Per the applicant’s f loor plan, the area dedicat ed to alcohol sales is approximately 408 square feet with only one additional fixture (64 square feet)
Planning Commission
Meeting of October 7, 2024
proposed for the sale of distilled spirits. This represent s approximately 1.7% of the floor area of the grocery store.
Analysis
Section 18.30.050 of the Land Use Code allows for alcohol sales for off- site consumption with an approved Conditional Use Permit (C UP). Additional requirements for alcohol CUPs include expanded notification, a community meeting, and distance requirements . City Council Policy 70 7 also regulates alcohol sales in the city.
Hours of Operation for Alcohol Sales
Conditions of approval for alcohol sales reflect what the applicant has requested (7:00 a.m. to 10:00 p.m. daily).
Mailing
All property owners an d occupants within a distance of 660 feet are required to be notified of a public hearing for al cohol-related CUP applications. Notice of this public hearing was sent to 737 occupants and owners.
As of the writing of this staff report, the Planning Division received one public comment as part of this public hearing notice (Attachment 9).
Community Meeting
Pursuant to Section 18.30.050 (C) of the Land Use Code, a community meeting was held on Monday, July 8 , 2024 at 12:00 p.m. at the store. The meeting advertisement is attached (Attachment 8). There were no community members in attendance.
Alcohol Sales Concentration/Location
According to the California Department of Alcoholic Beverage Control (ABC), there are currently four off-sale licenses in census tract 11 8.02, wh ere a maximum of four are recom mended. The applicant holds one of the existing licenses. The census tract is not considered over concentrated with off-site alcohol sales outlets by ABC. No increase in the amount of licenses would occur.
Many of the issues related to off -sale l icenses are rel ated to the availability of smaller quantities and cheaper products, most of which are related to businesses not originally subject to a CUP (legal nonconforming). However, businesses with CUPs are limited t o the quantity and size of beer bottles (e.g., no sale of single
Planning Commission
Meeting of October 7, 2024
cans or bottles) and the size of wine bottles and their alcoholic content (e.g., containers less than 750 milliliters nor greater than 15% content by volume).
Because the subject business has an existing CUP, it is alread y subject to standard conditions related to alcohol.
Police Department (PD)
The ABC Risk Assessment provided by PD allocated a total of 11 points, which places it in the Low Risk category (Low Risk is considered 12 points or less). The risk assessment is included as Attachment 6.
Institute for Public Strategies (IPS)
Comments were received from IPS with the following considerations:
1. Require in-person Responsible Beverage Sales and Service (RBSS) training for all staff.
2. Require daily litter removal and t imely graffi ti rem oval from areas under control of the licensee.
3. Post in English and Spanish a notice that state law prohibits sales of alcoholic beverages to persons under age 21.
4. Post and maintain signage stating that no open alcoholic beverage containers are allowed on the premises and no loitering is allowed on or in front of the premises.
Staff has included conditions of approval in the attached draft resolution pertaining to all of the above recommendations . IPS comments are included as Attachment 7.
Findings for Approval
The following are the required findings in the attached draft resolution:
1. Allowable Use: Alcohol sales in conjunction with a grocery store are allowable within the Minor Mixed-Use Corridor zone , pursuant to a CUP , and the proposed use meets th e required guidelines in the Land Use Code (LUC) for alcohol sales, as discussed in the staff report. Sales will be incidental to the existing grocery store in a commercial area.
2. General Plan Consistency: Alcohol sales are permitted, subject t o a CUP, by the Land Use Code, which is consistent with the General Plan. In addition, a grocery store with alcohol sales is consistent with the Minor
Planning Commission
Meeting of October 7, 2024
Mixed-Use Corridor zone land use designation contained in the Land Use Code and Community Character element of the General Plan.
3. Compatibility, LUC, and Traffic: No expansion of the building is proposed.
The proposal involves an existing commercial space, which was previously analyzed for traffic impacts when it was constructed. The site is physically suitable for the t ype, d ensity, and intensity of use being proposed, including access, utilities, and the absence of physical constraints. The proposed uses would be incidental to the primary use of a grocery store.
4. No Nuisance: The proposed use will be subject to conditions that limit hours and the manner in which alcohol is sold . In addition, all staff members serving alcohol are required to receive RBSS training.
5. California Environmental Quality Act (CEQA): The proposed proje ct has been reviewed in compliance with the California Environmental Quality Act (CEQA) and has been determined to be categorically exempt from environmental review pursuant to Class 1, Section 15301 (Ex isting Facilities) for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. The reason for the exemption is that the use is proposed within an existing commercial building, and the use is similar to other commerc ial uses in the area, which are permitted in the Minor Mixed-Use Corridor zone.
6. Public Convenience and Necessity: The grocery store, a permitted use in the Minor Mixed -Use Corridor zone, will benefit from the sale of alcohol.
The sale of beer, wine, and distilled spirits will contribute to a diversity of local commercial offerings in the area.
Findings for Denial
The following are findings for denial due to nearby businesses that offer off- sale beer, wine, and distilled spirits together:
1. The proposed use is not deemed essential to the public necessity, as there are already four retail outlets in the sam e census tract that sell alcohol, including the existing license on site.
Planning Commission
Meeting of October 7, 2024
2. Based on the above finding, public convenience and necessity will not be served by a proposed us e of the property for off -site sales of alcoholic beverages pursuant to law.
Conditions of Approval
Standard Conditions of Approval have been included with this permit as w ell as conditions specific to off -site alcohol sales per Council Policy 707 (hours of operation, employee training, and accessory sales, etc.).
Summary
The proposed use is consistent with the General Plan due to alcohol sales for off - site consumption being a condit ionally-allowed use in the M inor Mixed-Use Corridor zone. The addition of distilled spirits to the sale of beer and wine at an existing grocery store will contribute to the diversity of commercial offerings in the area. Conditions requiring compliance with City Council Policy 707 are intended to alleviate conc erns relate to area impacts should the CUP be approve d. The decision of the Planning Commission will be sent to the City Council.
Options
1. Find the project exempt from CEQA under Class 1 of the CEQA Guidelines Section 15301 or other exemption and a pprove 2024.11 CUP subject to the conditions included in the Resolution , or other condit ions, and based on the findings included in the Resolution, or other findings to be determined by the Planning Commission; or,
2. Find the project not exempt from CEQA and/or deny 2024.11 CUP based on the attached findings, or findings to be determined by the Planning Commission; or,
3. Continue the item to a specific date in order to obtain additional information.
Planning Commission
Meeting of October 7, 2024
Attachments
1. Draft Resolutions
2. Overhead
3. Applicant's Plans (Exhibit A, Case File No. 2024.11 CUP, dated 8/29/2024)
4. Public Hearing Notice (Sent to 737 property owners & occupants)
5. Census Tract & Police Beat Maps
6. Police Department Comments
7. IPS Comments
8. Community Meeting Information
9. Public Comment
ATTACHMENT 1
RESOLUTION NO. 2024-14
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NATIONAL CITY, CALIFORNIA DETERMINING THAT
THE PROJECT IS CATEGORICALLY EXEMPT FROM
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
UNDER CLASS 1 OF THE CEQA GUIDELINES SECTION 15301
(EXISTING FACILITIES) AND APPROVING A CONDITIONAL USE PERMIT FOR THE SALE OF BEER, WINE, AND DISTILLED SPIRITS (ABC TYPE-21)
AT AN EXISTING GROCERY STORE (MANOLO FARMERS MARKET)
LOCATED AT 303 HIGHLAND AVENUE.
CASE FILE NO. 2024-11 CUP
APN: 556-180-23-00
WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for off- site sale of beer, wine, and distilled spirits at an existing grocery store (Manolo Farmers Market ) located at 303 Highland Avenue . A t a duly advertised public hearing held on October 7, 2024, at which time oral and documentary evidence was presented; and,
WHEREAS, at said public hearing, the Planning Commission considered the staff report contained in Case File No. 2024-11 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and,
WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law.
NOW, THEREFORE, BE IT RESOLVED by th e Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on October 7, 2024 , support the following findings:
1. The proposed addition of distilled spiri ts sales is allowable within the applicable zoning district pursuant t o a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code because alcohol sales in conjunction with a grocery store are allowable within the M inor Mixed-Use Corridor zone, pursuant to a CUP, and the proposed use meet s the required guidelines in the Land Use Code for alcohol sales, as disc ussed in the staff report. Sales will be incidental to the existing grocery store in a commercial area. Furthermore, alcohol sales (beer and wine) have been approved for sale on site since 1990.
2. The proposed use is consistent with the General Plan and any applicable specific plan, because a lcohol sales are permitted, subject to a CUP, by the Land Use Code, which is consistent with the General Plan. In addition, a grocery store with alcohol sales is consistent with the Minor Mixed- Use Corridor zone land use designation contained in the Land Use Code and Community Character element of the General Plan.
3. The design, loc ation, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because no expansion of the building is proposed. The proposal involves an existing commercial space, which was previously analyzed for traffic impacts when it was constructed.
4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, because no expansion of the building is proposed. The proposed uses would be incidental to the primary use of a grocery store.
5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or mat erially injurious to persons, property, or improvements in the vicinit y and zone in which the property is located, because the proposed use will be subject to conditions that limit hours and the manner in which alcohol is sold. In addition, all staff members serving alcohol are required to receive RBSS training.
6. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and has been determined to be categorically exempt from environmental review pursuant to Cl ass 1, Section 15301 (Existing Facilities) for which a Notice of Exemp tion will be filed subsequent to approval of this Conditional Use Permit. The reason for the exemption is that the use is proposed within an existing commercial building and the use is s imilar to other commercial uses in the area, which are permitted in th e Minor Mixed -Use Corridor zone.
7. The proposed use is deemed essential and desirable to the public convenience or necessity, because the grocery store, a permitted use in the Minor Mixed-Use Corridor zone, will benefit from the sale of alcohol. The sale of beer, wine, and distilled spirits will contribute to a diversity of local commercial offerings in the area.
8. Based on findings 1 through 7 above, public convenience and necessity will b e served by a proposed use of the property for the off -site sales of a lcoholic
beverages in accordance with applicable law and the recommended conditions.
The use, as proposed and conditioned, will operate in harmony with surrounding uses, will not cause a nuisance, and will benefit the community with a more diverse selection of goods to purchase from the grocer.
BE IT FURTHER RESOLVED that the application for a Conditional Use Permit is approved subject to the following conditions:
General
1. This Conditional Use Permit authorizes the sale of beer, wine , and distilled spirits for off-site consumption at an existing grocery store (Manolo Farmers Market) located at 303 Highland Avenue. Plans submitted for permits associated with this project shall conform to Exhibit A, Case File No. 2024.11 CUP, dated 8/29/2024.
2. Unless specifically modified by this resolution, all Conditions of Approval of Planning Commission Resolution No. 20-2000 shall remain in full force and effect.
3. Before this Conditional Use Permit shall become effective, the applicant and the property owner shall both sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit .
The applicant or owner shall also submit evidence to the satisfaction of the Planning Division that a Notice of Restriction on Real Pr operty is recorded with the County Recorder. The applicant or owner shall pay necessary recording fees to the County.
The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Director of Community Development prior to recordation.
4. This permit shall become null and void at such time as there is no longer a Type 21 California Department of Alcoholic Beverage Control license associated with the property.
5. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in the Municipal Code.
6. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time.
7. This Conditional Use Permit may be revoked if the operator is found to be in violation of any Conditions of Approval or applicable law.
Planning
8. No sales of distilled spirits shall be permitted until the applicant has been issued a Type 21 license from the California Department of Alcoholic Beverage Control.
9. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers . The RBSS training must be certified by the Department of Alcoholic B everage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the Permittee shall make available a domestic violence training session as provided by the I nstitute of Public Strategies.
10. The sale of alcoholic beverages shall only be permitted between the hours of 7:00 a.m. and 10:00 p.m. daily . Sales are only permitted during times when the store is open for the purchase of general commodities.
11. Distilled spir its shall be stored in a lockable cabinet behind the sales counter accessible only to properly trained employees.
12. Prior to the commencement of sales of distilled spirits, the applicant shall i mplement an electronic age verification system capable of scanning IDs at all points of sale where alcohol may be purchased. The system shall be capable of identifying fake IDs and persons under the age of 21. This system shall be maintained in working order for the life of this permit. The applicant shall continue to incorporate best practices as advised by ABC, which can be found online at https://www.abc.ca.gov/education/licensee-education/checking-identification/.
13. Applicant shall provide revised floor plan.
14. All required signage related to the sale of alcohol shall be written in both English and Spanish translation.
15. The premises shall be kept free of graffiti and litter in conformance with the National City Municipal Code. The operator or property manager shall take responsive action within a 24- hour period upon the receipt of any notice provided by Code Enforcement pertaining to graffiti or litter.
16. Containers of alcoholic beverages may not be stored on the premises, after being sold to patrons, for the purpose of later consumption.
17. The operator of the business shall maintain an active business license and ensure that the business license is renewed annually.
Police
18. The permittee shall comply with all applicable law, including, but not limited to the regulatory provisions of the Business a nd Professions Code that pertain to the sale, advertising, or display of alcoholic beverages.
Indemnification Agreement
The App licant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, pro ceedings, damages, judgments, or costs, including attorney's fees, against the Cit y or its agents, officers, or employees, relating to the issuance of this permit including, but not limited to, any action to attack, set aside, void, challenge, or annul thi s development approval and any environmental document or decision. The City will promptly notify the Applicant of any claim, action, or proceeding. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of su ch election, the Applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and Applicant regarding li tigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the Applicant shall not be required to pay or perform any settlement unless such settlement is approved by the Applicant.
BE IT FURTHER RE SOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council.
BE IT FINALLY RESOLVED that this Resolution shall become effectiv e and final on the day following the City Council meeting where the Planning Commissi on resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter f or public hearing.
CERTIFICATION:
This certifies that the Resolution was adopted by the Planning Commission at their meeting of October 7, 2024, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN: ________________________
CHAIRPERSON
RESOLUTION NO. 2024-14
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF NATIONAL CITY, CALIFORNIA
DENYING A CONDITIONAL USE PERMIT
FOR THE SALE OF BEER, WINE, AND DISTILLED SPIRITS (ABC TYPE-21)
AT AN EXISTING GROCERY STORE (MANOLO FARMERS MARKET)
LOCATED AT 303 HIGHLAND AVENUE
CASE FILE NO. 2024-11 CUP
APN: 556-180-23-00
WHEREAS, the Planning Commission of the City of National City con sidered a Conditional Use Permit for off- site sale of beer, wine, and distilled spirits at an existing grocery store ( Manolo Farmers Market ) located at 303 Highland Avenue . At a duly advertised public hearing held on October 7, 2024, at which time oral and documentary evidence was presented; and,
WHEREAS, at said public hearing, the Planning Commission considered the staff report contained in Case File No. 2024-11 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and,
WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimon y and evidence presented to the Planning Commission at the public hearing held on October 7 , 2024, support the following findings:
1. The proposed use is not deemed essential to the public n ecessity, as there ar e already four retail outlets in the same censu s tract that sell alcohol, including the existing license on site.
2. Based on the above finding, public convenience and necessity will not be served by a proposed use of the property for off-site sales of alcoholic beverages pursuant to law.
BE IT FURTH ER RESOLVED that copies of this Resolution be t ransmitted forthwith to the applicant and to the City Council.
BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council m eeting where the Planning Com mission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planni ng Commission and set the mat ter for public hearing.
CERTIFICATION:
This c ertifies that the Resolution was adopted by the Planning Commission a t their meeting of October 7, 2024, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN: ________________________
CHAIRPERSON
ATTACHMENT 2
2024-11 CUP – 303 Highland Avenue – Overhead
N
Beer Cooler
Wine
Wine
Distilled Spirits
ATTACHMENT 3Page 411 of 520
NOTICE OF PUBLIC HEARING
DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1 OF THE CEQA GUIDELINES SECTION 15301 (EXISTING FACILITIES) AND CONDITIONAL USE PERMIT FOR THE SALE OF BEER, WINE, AND DISTILLED SPIRITS (ABC TYPE-21) AT AN EXISTING GROCERY STORE (MANOLO FARMERS MARKET) LOCATED AT 303 HIGHLAND AVENUE.
CASE FILE NO.: 2024-11 CUP
APN: 556-180-23-00
The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m.
Monday, October 7, 2024, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: C D Marketplace Inc.-Chris Dallo)
T
he applicant ( Manolo Farmers Market ) pro poses to upgrade their existing ABC Type -20 license (off-sale beer and wine) to an ABC Type- 21 (off-sale beer, wine, and distilled spirits) Existing and proposed hours of alcohol sal es are 7:00 a.m. to 10:00 p.m. daily. The Planning Commission will also consider the staff determination that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Class 1, Section 15301 (Existing Facilities).
Information is available for review at the City’s Planning Division, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Division on or before 2:00 p.m., October 7 , 2024 by submitting it to [email protected]. Planning staff can be contacted at 619- 336-4310 or [email protected].
I
f you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing.
ATTACHMENT 4Page 413 of 520
Sources: Esri, HERE, DeLorme, TomTom, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, MapmyIndia, © OpenStreetMap contributors, and the GIS User Community
CensusTracts 2010
August 25, 2014
0 0.75 1.50.375 mi
0 1 20.5 km
1:45,467
ATTACHMENT 5Page 414 of 520
City of National City
Beat 21
Source: Microsoft Mappoint
NCPD CAU, 4/18/07
Notes:
NATIONAL CITY POLICE DEPARTMENT
ALCOHOL BEVERAGE CONTROL
RISK ASSESSMENT
DATE:
BUSINESS NAME:
ADDRESS:
OWNER NAME: DOB:
OWNER ADDRESS:
(add additional owners on page 2)
I. Type of Business
Restaurant (1 pt)
Market (2 pts)
Bar/Night Club (3 pts)
Tasting Room (1pt)
II. Hours of Operation
Daytime hours (1 pt)
Close by 11pm (2 pts)
Close after 11pm (3 pts)
III. Entertainment
Music (1 pt)
Live Music (2 pts)
Dancing/Live Music (3 pts)
No Entertainment (0 pts)
IV. Crime Rate
Low (1 pt)
Medium (2 pts)
High (3 pts)
V. Alcohol Businesses per Census Tract
Below (1 pt)
Average (2 pts)
Above (3 pts)
Revised: 8/16 1 of 2
ATTACHMENT 6
07/09/24
Manolo Farmers Market
303 Highland Avenue, National City, CA 91950
Chris Dallo
09/23/68
1320 Corte De Las Piedras, El Cajon, CA 92019
- Currently, there are (4) off sale licenses authorized in tract 118.02 - Currently, there are (8) on sale licenses authorized in tract 118.02 - Currently, there are (1) active on sale licenses in tract 118.02 - Currently, there are (4) active off sale licenses in tract 118.02 ✔
✔
✔
✔
✔
National City Police Department ABC Risk Assessment
VI. Calls for Service at Location (for previous 6 months) Below (1 pt)
Average (2 pts)
Above (3 pts)
VII. Proximity Assessment (1/4 mile radius of location) Mostly commercial businesses (1 pt)
Some businesses, some residential (2 pts)
Mostly residential (3 pts)
VIII. Owner(s) records check
No criminal incidents (0 pts)
Minor criminal incidents (2 pts)
Multiple/Major criminal incidents (3 pts)
OWNER NAME: DOB:
OWNER ADDRESS:
OWNER NAME: DOB:
OWNER ADDRESS:
Recommendation:
Completed by: Badge ID:
Revis
ed: 8/16
2 of 2
Low Risk ( 12pts or less)
Medium Risk (13 – 18pts)
High Risk (19 – 24pts)
Total Points
11 J. Camacho
449
✔
✔
✔
Funded by the San Diego County Health and Human Services Agency 8885 Rio San Diego Drive #117 San Diego, California, 92108 Phone: 619.476-9100 Fax: 619.476-9104 www.publicstrategies.org
Environmental Scan for
Proposed Type 21 Alcohol CUP
303 Highland Ave., National City, CA 91950
Conducted: July 3, 2024
Photo of the proposed location
An environmental scan was conducted on Wednesday, July 3, 2024, for a proposed upgrade of an existing Type 20 off-sale alcohol license to a Type 21 at 303 Highland Avenue. The proposed location is a full- scale grocery store surrounded by other commercial uses on Highland Ave., and the streets running parallel and perpendicular to Highland in front of and behind the business are residential.
During a scan of the business and premises, the following was noted:
• There is a liquor store selling beer, wine and distilled spirits 250 feet from the location. • Customers were entering the premises by car and on foot. • The business offered one cooler of wine with the remaining cooler space along the wall devoted to beer. There was also a selection of beer outside the coolers.
ATTACHMENT 7
Funded by the San Diego County Health and Human Services Agency 8885 Rio San Diego Drive #117 San Diego, California, 92108 Phone: 619.476-9100 Fax: 619.476-9104 www.publicstrategies.org
Funded by the San Diego County Health and Human Services Agency 8885 Rio San Diego Drive #117 San Diego, California, 92108 Phone: 619.476-9100 Fax: 619.476-9104 www.publicstrategies.org
Outlet Density
Based on Centers for Disease Control guidelines, alcohol density is defined as the average distance between a person and their closest alcohol retailer. In the map above, the darker the census tract, the less distance a person has to travel to their closest alcohol retailer. The proposed location is defined as “very dense.”
Youth Sensitive Areas
Dino Daycare (approximately 1,050 feet away)
Central Elementary (approximately 2,100 feet away)
Highland Park (approximately 2,100 feet away)
Churches
First Spanish Southern Baptist (approximately 1,050 feet away) is the closest one to this location.
Crime Rate
A request for crime-related information from personnel within the City of National City Police Department should determine whether existing violations against the property or Applicant have occurred that would discourage the issuance of a Type 21 alcohol license.
Considerations
The following are considerations if a CUP is issued:
1. Require that staff and management attend an in-person Responsible Beverage Sales and Service training.
2. Require daily litter removal and timely graffiti removal from areas under control of the licensee.
3. Post in English and Spanish a notice that state law prohibits sales of alcoholic beverages to persons under age 21.
4. Post and maintain signage stating that no open alcoholic beverage containers are allowed on the premises and no loitering is allowed on or in front of the premises.
Community Meeting Minutes
Manolo Farmers Market
July 15, 2024
Meeting Time: 12:00PM
Location: Manolo Farmers Market
303 Highland Ave
National City, CA 91950
In attendance:
Steve Mattia, attorney
Chris Dallo, owner
The meeting was held in the juice bar area.
We waited until 1pm and no one came. No one asked about the meeting the rest of the day. ____________________
Steve Mattia, Attorney
ATTACHMENT 8Page 421 of 520
September 15, 2024
T o Whom It May Concern:
I am submitting this letter to formally object to the pending application for an ABC Type-21 liquor license at 303 Highland Avenue by Manolo Farmers Market. I am the owner of La Casa Liquor, located at 228 Highland Avenue, directly across from the proposed site. As a business owner in this community for over 30 years, I believe that granting an additional Type-21 liquor license in such close proximity would negatively impact the youth of National City.
Although I do not reside in National City, I consider myself deeply connected to the community. Many of my customers have become like family, and I have watched their children grow into adulthood. I take great care to ensure that alcohol is not sold to minors, as I know many of my customers personally and am familiar with their families. This familiarity allows me to prevent underage sales and ensure that alcohol is handled responsibly in my store.
I am concerned that a larger business such as Manolo Farmers Market, with many employees and multiple checkout lines, would not be able to exercise the same level of oversight. In a store of that size, minors may find it easier to purchase alcohol or engage in theft. By contrast, in my smaller store, I can monitor all activity, and the liquor is kept securely behind the counter.
It is my firm belief that increasing access to alcohol in this community could harm our youth, who already face significant challenges. Many young people here are balancing school with work to help support their families. The availability of alcohol could contribute to distractions, higher dropout rates, and potential increases in crime. I have personally invested time and resources into supporting families and youth in this community, and I am deeply committed to their well-being.
For these reasons, I respectfully urge you to deny the liquor license application for Manolo Farmers Market.
Sincerely,
Salwan Nafsu
Owner, La Casa Liquor
ATTACHMENT 9Page 422 of 520
City of National City
Planning Commission
Meeting
MEETING OF OCTOBER 7, 2024
Public Hearing
CONDITIONAL USE PERMIT FOR THE
SALE OF BEER, WINE, AND SPIRITS AT
AN EXISTING GROCERY STORE
(MANOLO FARMERS MARKET)
LOCATED AT 303 HIGHLAND AVENUE
2024
-
11 CUP
Overhead
Overhead
Street View
Site Characteristics
➢ 3.35 acre commercial property
➢ Located on the east side of Highland Ave. between E. 2nd Street and E. 4th St. ➢ Existing 27,000 square-foot grocery store (Manolo Farmers Market) with parking area ➢ Zoned Minor, Mixed-Use Corridor (MXC-1)
➢Surrounding area is a mix of commercial and residential uses ➢Existing CUP for beer and wine sales since 1990. Extended hours approved in 2000.
Proposal
➢The business proposes to upgrade their ABC license to sell distilled spirits in addition to beer and wine ➢Manolo Farmers Market has had ABC License (Type-20) since 1990 ➢Proposed hours of operation are from 7:00 a.m. to 10:00 p.m. daily ➢Previous CUP approved for 7:00 a.m. to 11:00 p.m.
➢Floor plan indicates the total area dedicated to alcohol sales ➢Existing beer and wine - 408 square feet
➢Proposed distilled spirits located behind a sales counter - 64 square feet
Floor Plan
Distilled Spirits
Beer
Exit
Exit
Entrance
Wine
Staff Analysis
➢NCMC 18.30.050 allows for alcohol sales for off-site consumption in the MXC-1 with approved CUP ➢Additional requirements related to alcohol CUPs:
➢ Expanded Mailing – notice to owners/occupants within 660 ft. (737 total) ➢ Community meeting – Applicant held July 8, 2024 – no attendees ➢ Distance requirements – Not applicable with grocery stores ➢Census Tract 118.02– Currently has four off-sale licenses ➢ Four are recommended by ABC
➢ Applicant is one – no additional
➢Adhere to City Council Policy 707
➢ Addressed with standard conditions of approval
Comments Received:
Police Department (PD)
➢Risk Assessment – given 11 points
➢ Low risk – 12 points or less
➢ Assigns points based on type of business, license concentration, calls for service, etc.
Institute for Public Strategies (IPS)
➢ Recommendations
➢ In-person Responsible Beverage Sales and Service (RBSS) training for all staff. ➢ Daily litter removal and timely graffiti removal from areas under control of the licensee. ➢ Post signs in both English and Spanish related to the sale of alcoholic beverages to persons under 21. ➢ Post signs prohibiting open alcoholic beverage containers on the premises/loitering ➢ Incorporated into conditions of approval
Recommended Conditions
➢Standard Conditions of Approval
➢Conditions specific to off-site alcohol sales per Council Policy 707 ➢Hours of operation
➢Responsible Beverage Service and Sales (RBSS)
➢Alcohol sales for off-site consumption to remain accessory ➢Application-specific conditions
➢Maintain conditions of existing CUP (2000-20)
➢IPS comments related to signage, graffiti, and litter
➢Distilled spirits to be stored in a lockable cabinet behind the sales counter
Floor Plan
Distilled Spirits
Beer
Exit
Exit
Entrance
Wine
Summary
➢Proposed use is consistent with the General Plan
➢Alcohol sales for off-site consumption are a conditionally-allowed use in MXC-1 zone ➢Alcohol sales would be accessory to the grocery store in an established commercial area ➢Inclusion of conditions consistent with Council Policy 707 intended to alleviate concerns related to area impacts
➢Additional conditions addressing IPS comment
Options
• Find project exempt from CEQA & approve 2024-11 CUP based on findings listed in the draft resolution / findings determined by the Commission; or • Find project not exempt from CEQA and/or deny 2024-11 CUP based on findings listed in the draft resolution / findings determined by the Commission; or • Continue the item for additional information
• Staff recommending approval
• Notice of Decision to City Council
Overhead
AGENDA REPORT
Department: Planning
Prepared by: David Welch, Associate Planner
Meeting Date: Tuesday, October 15, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
Notice of Decision – Planning Commission Approval of a Tentative Parcel Map (TPM) Dividing One Lot into Two with a Zone Variance (ZV) to Deviate from Setback Requirements on a Property Located at 1441 East 7th Street.
RECOMMENDATION:
Staff Recommends Approval of th e Tentative Parcel Map and Zone Variance , Subject to the Recommended Conditions in Planning Commission Resolution No. 2024-16, and a Determination that the Project is Exempt from CEQA.
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
On October 7, 2024, t he Planning Commission recommended approval of the Tentative Parcel Map and Zone Variance by unanimous vote of members present.
Ayes: Armenta, Castle, Forman, Miller, Sanchez, Valenzuela Nays: N/A Absent: Quinones
EXPLANATION:
The applicant proposes to subdivide an existing 11,475 square-foot parcel into two parcels. Parcel 1 will be 6,051 square feet in size, with a two-story primary residence and a two-story accessory dwelling unit (ADU). An exception is requested for reduced street frontage for Parcel 1. Parcel 2 will be 5,423 sq uare feet in size and will include an existing single -family dwelling as well as a garage, which will be converted to an ADU. A Zone Variance is being requested for reduced rear yard setbacks on Parcels 1 and 2. Both lots will be accessed from East 7th Street.
The Planning Commission conducted a public hearing on October 7, 2024, and voted to recommend approval of the request based on the attached findings and recommended Conditions of Approval. The attached Planning Commission staff report describes the proposal in detail.
FINANCIAL STATEMENT:
An application fee of $3,0 00 was paid with the submittal of the subject TPM and an application fee of $3,700 was paid with the submittal of the subject ZV. Fees are anticipated to cover the cost of staff review time and processing of the permit.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Balanced Budget and Economic Development
ENVIRONMENTAL REVIEW:
This is a project under CEQA subject to a Categorical Exemption. In-Fill Development Projects.
CCR 15332(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 – Planning Commission Staff Report with attachments Exhibit B – 10/7/24 Planning Commission PowerPoint slides
Item no. 7
October 7, 2024
COMMUNITY DEVELOPMENT DEPARTMENT - PLANNING DIVISION
1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950
PLANNING COMMISSION STAFF REPORT
Title: PUBLIC HEARING – DETERMINATION THAT THE
PROJECT IS CATEGORICALLY EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
UNDER CLASS 32 OF THE CEQA GUIDELINES SECTION
15332 (IN -FILL DEVELOPMENT PROJECTS ) AND
TENTATIVE PARCEL MAP DIVIDING ONE LOT INTO TWO
WITH A ZONE VARIANCE TO DEVIATE FROM SETBACK
REQUIREMENTS ON A PROPERTY LOCATED AT 1441
EAST 7TH STREET.
Case File No.: 2023-09 LS ZV
Location: 1441 East 7th Street
Assessor’s Parcel No.: 557-101-34-00
Staff report by: David Welch, Associate Planner
Applicant: Raintree Residential, LLC – Robert Shapiro
Zoning designation: Small Lot Residential (RS-2)
Adjacent use and zoning:
North: Small Lot Residential (RS-2)
East: Residential (RM-2)
South: Residential (RS-2)
West: Residential (RS-2)
Environmental review: The proposed project has been reviewed in complianc e with the California Environmental Quality Act (CEQA) and staff is recommending that the project be determined categorically exempt from environmental review pursuant to Class 32,
Section 15332 (In- Fill Development Projects ) for which a
Notice of Exemption will be filed subsequent to approval of this Tentative Parcel Map and Zone Variance.
Staff recommendation: Approve
Planning Commission
Meeting of October 7, 2024
Staff Recommendation
Staff recommends approval of the Tentative Parcel Map (TPM) and Zone Variance (ZV) and exception for the subdivision of one parcel into two , subject to the recommended conditions in the attached resolution and a determination that the project is exempt from CEQA. The lot spilt will allow for development of two additional residential units. The project is consistent with the General Plan and Subdivision Ordinance with the approval of the variance and exception.
Executive Summary
The applicant proposes to subdivide an existing 11,475 square-foot parcel into two parcels. Parcel 1 will be 6,051 square feet in size, with a t wo-story primary residence and a two- story accessory dwelling unit (ADU) . An exception is requested for reduced street frontage for Parcel 1. Parcel 2 will be 5,423 square feet in area and will include an existing single-family dwelling as well as a garage, which will be converted to an ADU. A variance is being requested for a reduced setback on Parcel 2. Both lots will be accessed from East 7th Street.
Site Characteristics
The 11,475 square-foot property is located west of Palm Avenue on the north side of East 7th Street. The lot has a width of 85 feet and a depth of 135 feet. This property and the surrounding area is zoned RS-2 and it is currently developed with a single- family home and detached garage. Some of the surrounding lots are developed with two to three units.
East 7th street ends in a cul -de-sac to the west where there is a steep downward slope. The properties on the north side of the street, including the subject site, slope down to their rear property lines , forming canyon-like topography. Between the southeast corner and the northwest corner of the site there is a 17-foot difference in grade. The existing house and garage occupy the higher ground of the lot and are oriented slightly closer to the southeast corner. There is a driveway curb cut on the east side of the front property line.
Proposed Use
The applicant proposes to subdivide the existing 11,475 square foot parcel into two parcels. Parcel 1 will be 6,051 square feet in size and is proposed to have a two-story single-family residence and detached two- story ADU. Parcel 2 will be 5,423 square feet in size and will be occupied by a single- family residence and garage, which are to remain.
Planning Commission
Meeting of October 7, 2024
Subdivision of the property into two lots is proposed as follows:
Parcel 1 will have 16 feet of frontage on East 7 th Street and will be 135 feet deep. The area will be approximately 6,051 square feet. The parcel will have a “flag” configuration and, excluding the driveway, is about 85 feet wide by 56 feet deep. The front setback and side setbacks of 20 f eet and five feet are in conformance with the standards of the RS -2 zone. A variance for a rear setback of 10 feet is requested for the proposed single- family home, which is reduced from the standard of 25 feet.
Parcel 2 will have 69 feet of frontage on East 7th Street and will be approximately 79 feet deep. The area will be approximately 5,423 square feet. The parcel is rectilinear in shape, except for a 10-foot radius curve on the northwest corner to accommodate the proposed driveway for Parcel 1. With the exception of the rear yard setback, the existing house and garage on Parcel 2 are in conformance with the standards of the RS -2 zone. Both structures will remain. A variance is being requested for a seven-foot rear yard setback.
Analysis
General Plan
This project contributes to infill development, which is encouraged by the General Plan:
Policy LU 4.3: Promote infill development, redevelopment, rehabilitation, and reuse efforts that contribute positively to existing neighborhoods and surrounding areas.
The proposal also provides an additional home ownership opportunity, which is consistent with the City’s Housing Element.
The General Plan Land Use map designates the property as Low -Medium Residential, which specifies a maximum density of 9 units per acre.
Subdivision Ordinance
The Subdivision Ordinance has requirements for dedications, improvements, design standards, and conformance with the Land Us e Code. The proposed parcel map is on an established block where existing development fronts East 7th Street. No additional public streets are required to be dedicated for the proposed
Planning Commission
Meeting of October 7, 2024
lot configuration, which can be adequately served with the existing frontage along East 7 th Street. The Engineering Department provided comments, which are included in t he conditions of approval, related to additional improvements that may be required. The proposed lots are regular in shape, as required by the Subdivision Ordinance.
Land Use Code
The RS-2 zone has a minimum lot area requirement of 5,000 square feet, whic h will be met by both parcels proposed with the lot split. With the exception of rear yard setback requirements and minimum street frontage, all other development standards will be met within the resulting properties. The proposed uses of the parcels, a si ngle-family residence and accessory dwelling on Parcel 1 and an existing house and detached garage on Parcel 2, are permitted in the zone.
An exception, pursuant to Section 17.07.060 of the Subdivision Ordinance is requested for a reduced street frontage for Parcel 1. The parcel will have 16 feet of frontage along East 7 th Street, which is less than the required 50 feet. The Subdivision Ordinance allows for exceptions with the following findings:
1. The property to be divided is of such size, shape, or is af fected by such topographic conditions that it is impossible or impractical in the particular case to conform fully to the subdivision requirements.
2. The exception will not be detrimental to the public health, safety, or welfare, or be detrimental to the use of other properties in the vicinity.
3. Granting of the exception in in accordance with the intent and purposes of Title 17 and is consistent with the General P lan and with all applicable specific plans or other plans of the city.
The subject property is af fected by both topographic conditions and a size and shape that would not permit a practical development that conforms with requirements related to minimum street frontage. The lot is only 85 feet in width and it would be impossible to split into two parcels with the required 50 feet of frontage along East 7 th Street. Furthermore, the 17- foot grade change on the property poses a challenge to practical development. The steepest section of the lot is on the west side of the existing house and the proposed lot configuration utilizes the back end of the property to avoid constructing in this area. While Parcel 1 proposes a reduced street frontage, it allows for the construction of a single-family dwelling in a location accessible to the Fire Department . The proposed lot split will not result in lots smaller than the required minimum lot area
Planning Commission
Meeting of October 7, 2024
and the resulting density is consistent with the General Plan. The property is not located within a specific plan.
A variance is being requested for reduced rear yard setbac ks for the proposed parcels. In this instance, the granting of an exception would not be appropriate because the setbacks are related to both the creation of the parcels and the location of the existing and proposed structures. For the granting of a variance the following findings shall be made:
1. The variance shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of Title 18 deprives such pr operty of privileges enjoyed by other property in the vicinity and under identical zoning classification.
2. Any variance granted shall be subject to such conditions as will assure the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.
3. A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authori zed by the zone regulation governing the parcel of property.
The subject property has a size and shape that is insufficient for conformance with all setback regulations for the two proposed parcels. If wider, the property could have been split into two 13 5-foot deep lots, which would have allowed for practical development adhering to front and rear yard setback requirements of the RS-2 zone. However, as discussed above, the width and topography of the lot does not allow for this configuration. Due to these conditions, the proposed configuration is to have one parcel in the front of the property and one at the rear.
The 135- foot depth of the property results in constrained front and rear yard setbacks when applied to two parcels. Of the 135 feet in depth, al l but 60 feet would be dedicated to the front, side, and rear setbacks required by the RS -2 zone. Therefore, both proposed parcels would have constrained development sites due to the overall depth of the lot. The request for reduced rear yard setbacks of 10 feet on Parcel 1 and seven feet on Parcel 2 will grant necessary relief to provide practical development sites. In addition, existing development along East 7 th Street has reduced rear yard setbacks, and therefore, the applicant will not be granted a special privilege. The proposed single- family use of the proposed parcels is permitted in the RS-2 zone.
Planning Commission
Meeting of October 7, 2024
Mailing
All property owners and occupants within a distance of 300 feet of the property are required to be not ified of a public hearing for TPM and ZV applications.
Notice of this public hearing was sent to 67 occupants and owners.
As of the writing of this staff report, no public comment was received as part of this public hearing notice.
CEQA
The project as proposed qualifies for a Categorical Exemptio n under Class 32, Section 15332 of CEQA ( In-Fill Development Projects ). Class 32 consists of projects characterized as in-fill development meeting the conditions described as follows:
(a) The project is consistent with the applicable general plan designat ion and all applicable general plan policies as well as with applicable zoning designation and regulations.
(b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. (c) The project site has no value, as habitat for endangered, rare or threatened species.
(d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.
(e) The site can be adequately served by all required utilities and public services.
With the approval of an exception and Zone Variance, this project can be found to be consistent with all applicable general plan policies as well as the regulations of the RS-2 zone. The site is less than five ac res and located in an urbanized area with no value as habitat for endangered, rare or threatened species. The project proposes a single-family home and an accessory unit and will have no possibility for significant impacts relating to traffic, noise, air q uality, or water quality.
Conditions of approval will require the site to be adequately served by all required utilities and public services.
Required Findings
The Subdivision Map Act contains nine required findings for Tentat ive Parcel Maps:
1. The proposed map is consistent with the National City General Plan.
Planning Commission
Meeting of October 7, 2024
The proposed single -family subdivision, at a density of 7.6 units per acre, is consistent with the Low-Medium Residential land use designation, which specifies a maximum density of 9 units per acre.
2. The site is physically suitable for the proposed type of development.
With the provision of adequate grading and retaining walls, a residential project can be located on Parcel 1 with a level building pad. Parcel 2 is occupied by existing development.
3. The site is physically suitable for the proposed density of development.
The new parcel can accommodate the proposed residential development and would meet the prescribed density for the area.
4. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
There is no natural habitat or body of water present nearby or on-site. The property is surrounded by urban development.
5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems.
All necessary public services will be provided, as required by approvals required for new construction.
6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision.
Existing easements will be maintained and not be encroached upon.
7. The di scharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board
Planning Commission
Meeting of October 7, 2024
pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6.
Discharge of sewerage waste will be addressed through a sewer permit, which is required as part of construction of a future home.
8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources.
The project will provide for additional units as well as an additional homeownership opportunity, which is consistent with and encouraged by the City’s Housing Element.
9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivi sion, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage.
All new construction proposed in the future will be in compliance with the California Building Code, which takes such factors into consideration.
The Subdivision Ordinance contains three required findings for the granting of an exception:
10. The property to be divided is of such size, shape, or is affected by such topographic conditions that it is impossible or impractical in the particular case to conform fully to the subdivision requirements.
The subject property is affecting by both topographic conditions and a size and shape that would not permit a practical dev elopment that conforms with requirements related to minimum street frontage. The lot is only 85 feet in width and is not able to be split into two parcels with the required 50 feet of frontage along East 7 th Street. Furthermore, the 17- foot grade change on the property would make development impractical where the slope is steepest.
Planning Commission
Meeting of October 7, 2024
11. The exception will not be detrimental to the public health, safety, or welfare, or be detrimental to the use of other properties in the vicinity.
The proposed lot split will result in parcels with adequate access for emergency services and public utilities.
12. Granting of the exception in in accordance with the intent and purposes of Title 17 and is consistent with the General Plan and with all applicable specific plans or other plans of the city.
The proposed lot split is in conformance with the residential densities prescribed by the General Plan. The property is not located within a specific plan area.
The Land Use Code contains three required findings for the granting of a Zone Variance:
13. The variance shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of Title 18 deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.
The property has a size and shape that is insufficient for conformance with all setback required by the Small Lot Residential (RS-2) zone. The 135-foot depth of the property provides inadequate space for front and rear yard setbacks for the proposed parcels.
14. Any variance granted shall be subject to such conditions as will assure the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent wit h the limitations upon other properties in the vicinity and zone in which such property is situated.
Existing development within the zone and vicinity is constructed with less than the required rear yard setback. The requested reduction of rear yard setback requirements with result in development consistent with the surrounding area.
15. A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property.
Planning Commission
Meeting of October 7, 2024
The proposed parcels will be occupied by single- family residential development, a permitted use in the RS-2 zone.
An additional finding has been included with regard to compliance with the California Environmental Quality Act (CEQA), which is as follows:
16. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and the project has been determined to be categorically exempt from environmental review pursuant to Class 32, Section 15332 (In- fill Development Projects) for which a Notice of Exemption will be filed subsequent to approv al of this Tentative Parcel Map. With the approval of an exception and Zone Variance, this project can be found to be consistent with all applicable general plan policies as well as the regulations of the RS -2 zone. The site is less than five acres and located in an urbanized area with no value as habitat for endangered, rare or threatened species. The project proposes a single- family home and an accessory unit and will have no possibility for significant impacts relating to traffic, noise, air quality, or water quality. Conditions of approval will require the site to be adequately served by all required utilities and public services.
Department Comments and Conditions of Approval
Comments were received from the Engineering and Fire Departments. Standard requirements related to tentative maps, final map procedures, and improvements were provided by the Engineering Department. Fire Department comments addressed access and other requirements from the California Fire Code.
Comments have been incorporated as conditions of approval as well general conditions related to new development and tentative maps.
Summary
The subject property has sufficient area to divide into tw o parcels that exceed minimum lot area requirements of the underlying zone. Due to the topography and the size and shape of the property an exception and Zone Variance are requested for the proposed map to be found in conformance with all the requirements of the Subdivision Ordinance and Land Use Code. The requests are necessary for the practical development of the property and to resulting map would allow for new development consistent with the prescribed density and policies of the General Plan.
Planning Commission
Meeting of October 7, 2024
Options
1. Find the project exempt from CEQA under Class 32 of the CEQA Guidelines Section 15332 or other exemption and a pprove 2023-09 LS ZV subject to the conditions included in the Resolution, or other conditions, and based on the findings included in the Res olution, or other findings to be determined by the Planning Commission; or,
2. Find the project not exempt from CEQA and/or deny 2023-09 LS ZV based on the attached findings, or findings to be determined by the Planning Commission; or,
3. Continue the item to a specific date in order to obtain additional information.
Attachments
1. Draft Resolution
2. Overhead
3. Site Photos
4. Applicant's Plans (Exhibit A, Case File No. 2023-09 LS ZV, dated 9/24/2024)
5. Public Hearing Notice (Sent to 67 property owners & occupants)
ATTACHMENT 1
RESOLUTION NO. 2024-16
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF NATIONAL CITY, CALIFORNIA DETERMINING THAT THE
PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 32 OF THE CEQA GUIDELINES SECTION 15332 (IN-FILL DEVELOPMENT PROJECTS) AND
APPROVING A TENTATIVE PARCEL MAP DIVIDING ONE LOT INTO TWO WITH A
ZONE VARIANCE TO DEVIATE FROM SETBACK REQUIREMENTS ON A PROPERTY LOCATED AT 1441 EAST 7TH STREET.
CASE FILE NO. 2023-09 LS ZV
APN: 557-101-34
WHEREAS, the Planning Commission of the City of National City considered a Tentative Parcel Map dividing one lot into two with a Zone Variance at a property located at 1441 East 7 th Street at a duly advertised public hearing held on October 7, 2024, at which time oral and documentary evidence was presented; and,
WHEREAS, at said public hearing s the Planning Commission considered the staff report contained in Case File No. 2023 -09 LS ZV maintained by the City and incorporated herein by reference along with evi dence and testimony at said hearing; and,
WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on October 7, 2024, support the following findings:
1. The proposed map is consistent with the National City General Plan because the proposed single- family subdivisio n, at a density of 7.6 units per acre, is consistent with the Low -Medium Residential land use designation, which specifies a maximum density of 9 units per acre.
2. The site is physically suitable for the proposed type of development because, with the provis ion of adequate grading and retaining walls, a residential project can be located on Parcel 1 with a level building pad. Parcel 2 is occupied by existing development.
3. The site is physically suitable for the proposed density of development because the new parcel can accommodate the proposed residential development and would meet the prescribed density for the area.
4. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoi dably injure fish or wildlife or their habitat because there is no natural habitat or body of water present nearby or on-site. The property is surrounded by urban development.
5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems because all necessary public services will be provided, as required by approvals required for new construction.
6. The design of the subdivision and the proposed/required improvements will not conflict with easem ents, acquired by the public at large, for access through or use of the property within the proposed subdivision because existing easements will be maintained and not be encroached upon.
7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6 because discharge of sewerage waste will be addressed through a sewer permit, which is required as part of construction of a future home.
8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources because the project will provide for additional units as well as an additional homeownership opportunity, which is consistent with and encouraged by the City’s Housing Element.
9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage because all new construction proposed in the future will be in compliance with the California Building Code, which takes such factors into consideration.
10. The property to be divided is of such size, shape, or is affected by such topographic conditions that it is impossible or impractical in the particular case to conform fully to
the subdivision requirements because the subject property is affecting by both topographic conditions and a size and shape that would not permit a practical development that conforms with requirements related to minimum street frontage because the lot is only 85 feet in width and is not able to be split into two parcels with the required 50 feet of frontage along East 7th Street. Furthermore, the 17-foot grade change on the property would make development impractical where the slope is steepest.
11. The exception will not be detrimental to the public health, safety, or welfare, or be detrimental to the use of other properties in the vicinity because the proposed lot split will result in parcels with adequate access for emergency services and public utilities.
12. Granting of the exception is in accordance with the intent and purposes of Title 17 and is consistent with the General Plan and with all applicable specific plans or other plans of the city because the proposed lot split is in conformance with the residential densities prescribed by the Gener al Plan. The property is not located within a specific plan area.
13. The strict application of Title 18 deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification because the property has a size and shape that is insufficient for conformance with all setback required by the Small Lot Residential (RS -2) zone. The 135- foot depth of the property provides inadequate space for front and rear yard setbacks for the proposed parcels.
14. The variance granted does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated because existing development within the zone and vicinity is constructed with less than the required rear yard setback. The requested reduction of rear yard setback requirements with result in development consistent with the surrounding area.
15. The variance granted does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property because t he proposed parcels will be occupied by single- family residential development, a permitted use in the RS-2 zone.
16. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and the project has been determined to be categorically exempt from environmental review pursuant to Class 32, Section
15332 (In-fill Development Projects) for which a Notice of Exemption will be filed subsequent to approval of this Tentative Parcel Map.
BE IT FURTHER RESOLVED that the application for a Tentative Parcel Map and Zone Variance is approved subject to the following conditions:
General
1. This Tentative Parcel Map and Zone Variance authorizes the creation of two new parcels from one existing parcel with reduced street frontage and rear yard setbacks on a property located at 1441 East 7 th Street. Except as required by Conditions of Approval, all plans submitted for permits associated with this project shall conform to Exhibit A, Case File No. 2023-09 LS ZV, dated 9/24/2024.
2. Before this Tentative Parcel Map and Zone Variance shall become effective, the applicant and the property owner shall both sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Tentative Map and Zone Variance. The applicant or owner shall also submit evidence to the satisfaction of the Planning Division that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant or owner shall pay necessary recording fees to the County. The Notice of Res triction shall provide information that conditions imposed by approval of the Tentative Map and Zone Variance are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Director of Community Development prior to recordation.
3. Approval of the tentative map expires two (2) years after adoption of the resolution of approval at 6:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code §17.04.070.
Building
4. Plans submitted for any construction improvements shall comply with the 2022 edition of the California Building, Mechanical, Electrical, Plumbing, Accessibility, Green, Energy and Fire Codes.
Engineering
5. The parcel map shall include full and accurate information required by the Tentative Parcel Map Checklist:
1. Tentative Parcel Map Checklist
a. Form and Content
i. Scale: 1” = 100’ (1cm = 10m) minimum with north arrow ii. Title: Tentative Parcel Map
iii. Legal description: Sufficient to define map boundaries iv. Tax Assessor’s Parcel Number(s)
v. Owner’s name, address, telephone number and signature vi. Applicant’s name, address, telephone number (if other than owner) vii. Civil engineer’s or land surveyor’s name, address, telephone number and registration or license number
viii. Source of water supply
ix. Method of sewage disposal
x. Zoning – existing and proposed
xi. Proposed usage of each parcel
xii. Gross area (acres and square feet)
xiii. Reference to topographic source
xiv. Grading – statement if no grading proposed
xv. Date of preparation and number and dates of any revision xvi. Vicinity map with north arrow and scale
b. Map Data
i. North arrow with scale (min. 1” = 100’)
ii. Boundaries
1. Fully dimensioned
2. Proposed as solid lines, existing as dashed lines
3. City/County boundaries identified
4. Approximate Curve Information – deltas, radii, lengths
5. Inundation lines for design flood
iii. Existing
1. Highways, streets, roads – names, grades, widths, if private designated as such
2. Sidewalks, pavement, curbs, and gutters, street lights, driveways iv. Utilities
1. Sewer – location, size, type, depth manholes
2. Water – location, size, type
3. Gas – location, size
4. Electrical, telephone, cable, TV lines – location, size, type, poles, overhead or underground
5. Water courses – widths, directions of flow
6. Buildings/Structures – location with respect to lot lines
7. Trees – groves, orchards and trees of trunk diameter 4” (10cm) or more shown
8. Contours – maximum 5’ (2m) interval
9. Easements – location, purpose, size, public or private v. Proposed
1. Highways, streets, roads – names, grades, widths, and if to be private designated as such
2. Sidewalks, curbs and gutters, driveways
3. Sewers – location, size, type, manholes
4. Drainage facilities
5. Removal or relocation of existing buildings and location of any proposed buildings
6. Removal of existing trees
7. Grading – degree of slope, benches, retaining walls, pad elevations
8. Easements – location, purpose, size, public or private vi. Parcels
1. Approximate dimensions
2. Numbered in consecutive order
3. Net area of each parcel (acres or square feet)
6. A Hydrology study (100 year flood) is required for the new project. The study should consider the proposed project area to the closest municipal storm drain collection point. The study should consider the adequacy of t he existing storm drain system to convey any additional run off. All Hydrology study findings and recommendations are part of Engineering Department requirements.
7. The Storm Water BMP Requirements Applicability Form I -1 and if required I -2 checklist for t he National Pollutant Discharge Elimination System (NPDES) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Division web site at the link below*. If it is determined that the project is subject to the “Priority Project Permanent Storm Water BMP Requirements” and the City of National City Storm Water Best Management Practices of the Jurisdic tional Urban Runoff Management Program (JURMP) approved Standard Urban Storm Water Mitigation Plan (SUSMP) documentation will be required prior to issuance of an applicable engineering permit.
The SUSMP shall be prepared by a Registered Civil Engineer. *http://www.nationalcityca.gov/city-government/engineering-public- works/engineering-division/online-services-forms-fees.
8. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit.
9. All surface run- off shall be treated with an approved Standard Urban Runoff Mitigation Plan (SUSMP) Best Management Practice (BMP) for all Priority SUSMP projects. No runoff will be permitted to flow over the sidewalk. Adjacent properties shall be protected from surface run-off resulting from this development.
10. All existing and proposed curb inlet on property shall be provided with a “No Dumping” signage in accordance with the NPDES program.
11. A hydromodification plan or a letter sealed and signed by the Engineer of Work explaining why the pr oject is exempt from hydromodification requirements shall be submitted.
12. A grading and drainage plan shall be submitted showing all of the proposed and existing on-site and off-site improvements. The plan shall be prepared in accordance with the City’s standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run- off to the public storm drain system from the proposed parking lot or development shall be implemented with the desi gn of the grading. This shall include the provision of such
devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. A check list for preparation of the grading plan/drainage plan is available at the Engineering Department.
13. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right -of- way shall be 6 inch in si ze with a clean out. A sewer stamp “S” shall be provided on the curb to mark the location of the lateral.
14. Separate street and sewer plans prepared by Registered Civil Engineer, shall be submitted showing all of the existing and proposed improvements. The plans shall be in accordance with City requirements.
15. A soils engineering report shall be submitted for the Engineering Department’s review, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. As a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4 inch Class II aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-34. All soils report findings and recommendations shall be part of the Engineering Department requirements.
16. A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership at the property.
17. All NEW dwellings are subject to Development Impact Fee according to the current fee schedule at the time of Permit issuance. This includes new homes, condos and apartments.
18. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checki ng and inspection services at the time the plans are submitted.
The deposit is subject to adjustment according to actual worked hours and consultant services.
19. The property owner, or its successors and assigns shall be responsible for the maintenance, repair, or reconstruction of all irrigation and landscaping improvements installed within the public right -of-way. Sprinkler heads shall be adjusted so as to prevent overspray upon the public sidewalk or the street. The proposed sprinkler heads shall be installed behind the sidewalk, and the irrigation mainline upon private property only, as required by the City. The property owner or, its successors or assigns, shall be remove and relocate all irrigation items from the public right -of-way
at no cost to the Cit y, and within a reasonable time frame upon a written notification by the City Engineer.
20. Metallic identification tape shall be placed between the bottom layer of the finished surface and the top of all irrigation lines in the public right-of-way.
21. The deteriorated portions of the existing street improvements along the property frontages shall be removed and replaced. Specifically All missing sidewalk shall be installed and all curb and gutter replaced.
22. Street pavement repair will be required. The work shal l be as follows: The existing sewer trench in E. 7TH Street shall be ground and a new 2 inch AC cap placed. All that portion of E. 7th Street affected by the trenching shall be capped in accordance with National City Standards for streets.
23. The existing street improvements along the property frontage(s) shall be kept free from weed growth by the use of special weed killers, or other approved methods.
24. All existing survey monuments, including any benchmark, within the boundaries of the project shall be shown on the plans. If disturbed, a licensed land surveyor or civil engineer shall restore them after completion of the work. A Corner Record shall be filed with the County of San Diego Recorder. A copy of the documents filed shall be given to the City of National City Engineering Department as soon as filed.
25. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property.
26. Street improvements shall be in accordance with the City Standards. All missing street improvements shall be constructed. Abandoned driveway aprons shall be replaced with curb, gutter, and sidewalks.
27. All electrical, telephone and similar distribution service wires for the new structure(s) shall be placed underground.
28. The final parcel map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation.
29. The developer shall submit to the Fire Department a letter from Sweetwater Authority stating existing fire flow. If determined by the Fire Department that additional improvements are needed, the developer shall enter into an agreement for the water improvement s with the Sweetwater Authority prior to obtaining the final map approval.
30. Separate water and sewer laterals shall be provided to each lot/parcel.
31. The developer shall bond for the monumentation, the public improvements and the on-site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map.
32. SUSMP documentation must be submitted and approved.
33. The final map shall be recorded prior to issuance of any building permit.
34. All new property line survey monuments shall be set on private property, unless otherwise approved.
35. The parcel map/final map shall use the California Coordinate System for its “Basis of Bearings” and express all measured and calculated bearings in terms of the system.
The angle of grid divergence from a true meridian, and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown.
Fire
36. The project shall be designed to code.
37. The National City Fire Department utilizes all current codes and ordinances. Currently, we are using the 2022 editions of the California Fire Code, National City Fire Protection Association, and the City of National City Municipal Codes.
38. Fire sprinkler shall be evaluated and installed for intended use per code on both new structures.
39. Parking shall not impact requirements for Fire Department foot access to rear of new home and ADU.
40. The fire code official shall have the authority to require or permit modifications to the required access widths where they are inadequate for fire rescue operations or where necessary to meet the public safety objectives of the jurisdiction.
41. If entrance/exit gates are used, they shall be equipped with a Knox Box. Please contact the National City Fire Department for exact field location.
42. Where there is conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in a specific case, different sections of the code specify different materials, methods of construction or other requirements, the most restrictive shall govern.
43. Should any plan corrections be required, contractor must correct the plan and re-submit to the Fire Department for approval once again prior to installation.
Planning
44. Any plans submitted for construction shall be in conformance with all applicable development codes, including design, parking, and landscaping.
Indemnification Agreement
The Applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City will promptly notify the Applicant of any claim, action, or proceeding. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this
indemnification. In the event of such election, the Applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and Applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the Applicant shall not be required to pay or perform any settlement unless such settlement is approved by the Applicant.
BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council.
BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing.
CERTIFICATION:
This certifies that the Resolution was adopted by the Planning Commission at their meeting of October 7, 2024, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
________________________
CHAIRPERSON
ATTACHMENT 2
2023-09 LS ZV – 1441 E. 7th Street. – Overhead
ATTACHMENT 3
2023-12 CUP – 1638 E. Plaza Blvd. – Site Photos
FRONT YARD
ATTACHMENT 3
REAR OF LOT
PARCEL 1GROSS 6,051 SFNET 6,051 SF
PARCEL 2GROSS 5,423 SF
NET 5,423SF
E 7TH STREET
607 Aldwych Road, El Cajon, CA 92020
(619) 588-6747Walsh Engineering & Surveying, Inc.
LAWRENCE W. WALSHDATE
46316
LAWRENCE W
. W
ALSH
C
IV
IL
STATE
OFC
ALIFORNIA
REGISTERED PROFESSIONAL ENGINEER
0 SCALE: 1"=
60' 40' 20' 10' 20'
20'
TENTATIVE PARCEL MAP NO.
LAND DIVISION STATEMENT / OWNER'S CERTIFICATE
VICINITY MAP
NO SCALE
N
SITE
EASEMENT NOTES:
N
E 4TH STREET
PALM AVENUE
E 7TH
805
STREET
EXHIBIT A
CASE FILE NO.: 2023-09 LS ZV
DATE: 9/24/2024
ATTACHMENT 4
PARCEL 1GROSS 6,051 SFNET 6,051 SF
PARCEL 2GROSS 5,423 SFNET 5,423SF
SETBACKS
0SCALE: 1"=60'40'20'10'20' 20'
N
YARD TREES (24" BOX)
TREES
SHRUBSACCENT SHRUBS (5 GAL)
SCREENING SHRUBS (1 GAL-5 GAL)
MASSING SHRUBS (1 GAL-5 GAL)
VEGETATIVE GROUND COVERSGROUND COVERS
Preliminary Plant Legend
Botanical NameCommon NameWUCOLSZone 3
NON-VEGETATIVE GROUND COVERS
Hydrozone Legend
EX. HOUSETO REMAINADU-1
ADU-22NDDWELLING
PARCEL 2
PARCEL 1
E. 7 TH STREET
P.L.
P.L.P.L.
P.L.
P.L.
EX. HOUSETO REMAINADU-1
ADU-22NDDWELLING
PARCEL 2
PARCEL 1
E. 7 TH STREET
P.L.
P.L.P.L.
P.L.
P.L.
1441 E. 7th Street Development
North
Existing Fencingto remain
May 23, 2023
Scale 1" = 20'
20'10'0 40'00
Landscape Concept Plan
Existing Fencing to remain
Bark Mulch Path to utilities (typ.)
Proposed Driveway
Property line Existing Landscapeto remain (typ.)
Proposed Retaining Wall
Private Rear YardLandscaping (typ.)
Existing 42" ht. WoodFence to remain
Barek Mulch Pathto Gate (typ.)
County of San Diego, Planning & Development ServicesWATER EFFICIENT LANDSCAPE WORKSHEET Hydrozone Map
LANDSCAPE CALCULATIONSTOTAL SITE AREA - PARCEL ONE5,858 S.F.TOTAL LANDSCAPE AREA - PARCEL ONE1,450 S.F.% OF PARCEL ONE SITE LANDSCAPED24.7% For Reference Only
1 9 5 1 4 t h A v e n u e, S u i t e 3 0 2San Diego, CA 92101 (619) 718-9660l a n d s c a p e a r c h i t e c t u r eEDOAHCISSOATAWRS r l a 2 6 8 1
Landscape Concept Plan
Existing Fencing to remainProposed 6' ht. Wood Yard Fence (typ.) Existing Landscapingto remain (typ.)
Existing Concrete Drivewayto remainProposed 42" ht.Wood Fence Retaining Wall per CivilEng's plans (typ.)
APN557-101-34PROJECT ADDRESS:1441 E. 7TH STREETNATIONAL CITY, CA 91950 Existing MatureTree to remain:Ficus benjamina /Weeping Fig30" caliper Existing Mature Tree to remain:Cupaniopsis anacardioides /Carrotwood - 20" caliper Existing 42" ht. WoodFence to remain
ATTACHMENT 5
NOTICE OF PUBLIC HEARING
DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 32 OF THE CEQA GUIDELINES SECTION 15332 (IN-FILL DEVELOPMENT PROJECTS) AND TENTATIVE
PARCEL MAP DIVIDING ONE LOT INTO TWO WITH A ZONE VARIANCE TO DEVIATE FROM SETBACK REQUIREMENTS ON A PROPERTY LOCATED AT 1441 EAST 7TH STREET CASE FILE NO.: 2023-09 LS ZV
APN: 557-101-34-00
The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m.
Monday, October 7, 2024, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Raintree Residential, LLC-Robert Shapiro)
The applicant proposes to subdivide an ex isting 11,475 square- foot parcel into two parcels .
Parcel 1 will be 6,051 square feet in size, with a two- story primary residence and a two- story accessory dwelling unit (ADU). An exception is requested for reduced street frontage for Parcel 1. Parcel 2 will be 5,423 square feet in size and will include an existing single- family dwelling as well as a garage, which will be converted to an ADU. A Zone Variance is being requested for a reduced setback on Parcel 2. Both lots will be accessed from East 7 th Street.
The Planning Commission will also consider the staff determination that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Class 32, Section 15332 (In-Fill Development Projects).
Information is availabl e for review at the City’s Planning Division, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Division on or before 2:00 p.m., October 7, 2024 by submitting it to [email protected]. Planning staff can be contacted at 619- 336-4310 or [email protected].
If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing.
Public Hearing
TENTATIVE PARCEL MAP DIVIDING ONE
LOT INTO TWO WITH A ZONE VARIANCE
TO DEVIATE FROM SETBACKS ON A
PROPERTY LOCATED AT 1441 EAST 7TH
STREET.
Site Characteristics
• 1441 EAST 7TH STREET
• RS-2 (Small Lot Residential)
• 11,475 square-foot property
• Width of 85 feet; depth of 135 feet
• Frontage on East 7th Street
• Developed with a single-family home and detached garage • The site is sloped with a 17-foot difference in grade • Surrounding development is residential
• Lots with 1-3 units
Overhead
Overhead
Site Photos
Site Photos
Proposal
• TENTATIVE PARCEL MAP DIVIDING ONE LOT INTO TWO
•P a r c e l 1
• 6,051 square feet
• 16 feet of frontage, exception requested
• Rear yard setback of 10 feet
• Proposed single-family home and detached ADU
•P a r c e l 2
• 5,423 square feet
• 69 feet of frontage
• Rear yard setback of 7 feet
• Existing home and detached garage; garage to be converted to ADU
Parcel Map
Setbacks
5’ side
5’ side
5’ side
20’ front
10’ rear
7’ rear
5’ side
5’ side
20’ front
Analysis
• PROPOSAL CONSISTENT WITH GENERAL PLAN
• Policy LU 4.3
• Promote infill development, redevelopment, rehabilitation, and reuse efforts that contribute positively to existing neighborhoods and surrounding areas.
• Housing Element
• Homeownership opportunity
• Density
• Low-Medium Density Residential land use designation
• Up to nine dwelling units per acre
• Project density is 7.6 units per acre
Analysis (cont.)
• PROPOSAL CONSISTENT WITH SUBDIVISION ORDINANCE
• Title 17 has requirements for dedications, improvements, design standards, and conformance with Title 18 (Land Use Code)
• The site is on an established block with existing development fronting East 7th Street. No additional public streets are required to be dedicated.
• Required improvements are included as conditions of approval from the Engineering Department. • Exception required for deviation from the street frontage requirement
Analysis (cont.)
• PROPOSAL CONSISTENT WITH LAND USE CODE
•U s e
• The RS-2 zone permits single-family residential uses. • Density
• 6-9 dwelling units per acre; 7.6 proposed
• Development standards
• Minimum lot area of 5,000 square feet
• Minimum street frontage of 50 feet
• Setback requirements
Analysis (cont.)
• PROPOSAL CONSISTENT WITH LAND USE CODE
• Minimum street frontage of 50 feet
• Exception:
• Property has such a size, shape, or topographic conditions that it is impossible or impractical to fully conform to subdivision requirements.
• The exception will not be detrimental to the public health, safety, or welfare, or be detrimental to the use of other properties in the vicinity.
• Granting of the exception in in accordance with the intent and purposes of Title 17 and is consistent with the General Plan and with all applicable specific plans or other plans of the city.
Analysis (cont.)
• PROPOSAL CONSISTENT WITH LAND USE CODE
• Minimum street frontage of 50 feet
• Exception:
• The lot is 85 feet in width and would not be able to meet minimum frontage for two lots. • The topography of the site would make it difficult to develop in certain locations. The “flag lot” configuration allows for a development site in a more suitable location. • Project is conditioned to meet all applicable development standards. • Project is consistent with the General Plan and not located within a Specific Plan.
Analysis (cont.)
• PROPOSAL CONSISTENT WITH LAND USE CODE
• Rear yard setback of 25 feet
• Variance:
• The variance shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of Title 18 deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.
• Shall not grant a special privilege inconsistent with the limitations on other properties in the vicinity and zone.
• Shall not be granted for a use or activity not authorized in the zone.
Analysis (cont.)
• PROPOSAL CONSISTENT WITH LAND USE CODE
• Rear yard setback of 25 feet
• Variance:
• The subject property has a size and shape that is insufficient for conformance with all setback requirements for the two proposed parcels.
• Lacks sufficient width to create two 135-foot deep parcels; topography also would have made this configuration less practical
• The configuration with one property in the front and one in the rear leads to overly-restrictive setback requirements. All but 60 feet of the depth of the lot would be dedicated to setback requirements. • The request for a 10-foot rear yard setback for Parcel 1 and a 7-foot rear yard setback for Parcel 2 grants necessary relief to provide practical development sites. • Existing development on E. 7th Street has reduced setbacks. • Project proposes a single-family use permitted in the RS-2 zone.
Setbacks
5’ side
5’ side
5’ side
20’ front
10’ rear
7’ rear
5’ side
5’ side
20’ front
California Environmental Quality Act
(CEQA)
• DETERMINE TO BE CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO CLASS 32, SECTION 15332 (IN-FILL
DEVELOPMENT PROJECTS)
• Notice of exemption will be filed subsequent to an approval
Conditions / Summary
• CONDITIONS OF APPROVAL
• Comments from Engineering and Fire
• Required right-of-way improvements
• Final map requirements
• Applicable codes
• PROPOSED USE CONSISTENT WITH GENERAL PLAN
• Project is consistent with General Plan and LUC with granting of the requested exception and variance.
Options
• FIND PROJECT EXEMPT FROM CEQA & APPROVE TENTATIVE PARCEL MAP AND
ZONE VARIANCE BASED ON FINDINGS LISTED IN THE DRAFT RESOLUTION / FINDINGS DETERMINED BY THE COMMISSION; OR
• FIND PROJECT NOT EXEMPT FROM CEQA AND/OR DENY TENTATIVE PARCEL MAP AND ZONE VARIANCE BASED ON FINDINGS DETERMINED BY THE COMMISSION; OR • CONTINUE THE ITEM FOR ADDITIONAL INFORMATION
• STAFF RECOMMENDING APPROVAL
• RECOMMENDATION TO CITY COUNCIL
AGENDA REPORT
Department: Engineering & Public Works
Prepared by: Stephen Manganiello, Director of Public Works/City Engineer Meeting Date: Tuesday, October 15, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
Service Agreement with County of San Diego for Euclid Avenue Roadway Resurfacing
RECOMMENDATION:
Adopt a Resolution entitled, “Resolution of the City Council of the City National City, California, Authorizing the Mayor to Execute a Service Agreement with the County of San Diego for Roadway Resurfacing of Euclid Avenue Between Sweetwater Road and 24th Street in the Amount of $112,960.42.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
On June 10, 2024, the County of San Diego Public Works Department (County DPW) notified the City of National City’s Director of Public Works of an opportunity to participate in the County’s Annual Roadway Resurfacing Program for portions of Euclid Avenue t hat cross jurisdictional boundaries. As shown in Exhibit A, the County is proposing to resurface Euclid Avenue between Sweetwater Road and 24th Street , which includes a short 0.06 -mile segment within the jurisdictional boundaries of National City. By executing the attached agreement, the City would be able to take advantage of competitive pricing by adding the smaller National City segment to the larger County project.
City staff has reviewed the Agreement and cost proposal, which is competitive given current bid pricing for similar work, and recommends City Council approval in the amount of $112,9 60.42.
This amount includes a 20% construction contingency and applicable soft costs for preparation of plans, specifications and estimates (PS&E), construction management, inspections, construction survey, materials testing, and contract administration. Should unforeseen circumstances arise which result in an increase of costs in excess of the authorized amount, staff shall return to City Council to amend the Agreement.
County DPW is currently scheduled to go to the County Board of Supervisors for approval by December 2024 and start construction in Summer 2025.
FINANCIAL STATEMENT:
Funding available through prior City Council CIP appropriations for Street Resurfacing.
Expenditure Account No. 307-10-18-18500-7598-6035307 (Street Resurfacing): $112,960.42
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Transportation Choices and Infrastructure
ENVIRONMENTAL REVIEW:
Per the Agreement, the County of San Diego, acting as the Lead Agency, is responsible for ensuring the Project complies with CEQA.
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 with Exhibits
Exhibit B – Resolution
SERVICE AGREEMENT BY AND BETWEEN
COUNTY OF SAN DIEGO
AND
CITY OF NATIONAL CITY
FOR
EUCLID AVENUE ROADWAY RESURFACING
This Service Agreement for the Euclid Avenue Roadway Resurfacing project ("Agreement") is entered into this ___ day of _______, 2024, by and between the County of San Diego, a political subdivision of the State of California (hereinafter "COUNTY"), and the City of National City, a municipal corporation (hereinafter "CITY"), for roadway resurfacing of portions of Euclid Avenue located within the jurisdictional boundaries of CITY. The COUNTY and CITY are sometimes hereinafter referred to individually as the "Party" and collectively as the "Parties".
A. Pursuant to Government Code section 54981 the legislative body of the CITY is authorized to contract with the legislative body of the COUNTY for the performance of municipal services within the territory of the CITY.
B. The COUNTY currently has a roadway resurfacing project for Euclid Avenue from Sweetwater Road northeast to end of COUNTY limits, and from beginning of COUNTY limits north to 24th Street, approximately 0.51 miles, which excludes work outside of the COUNTY'S jurisdiction (“COUNTY PROJECT”).
C. The CITY currently has jurisdiction over an approximately 1,220 foot (0.06 mile) section of Euclid Avenue, from end of COUNTY limits south, to 250 feet north of the intersection of Euclid Avenue and Sweetwater Road, south of the COUNTY PROJECT.
D. COUNTY and CITY have mutually agreed that the CITY’s 0.06 mile portion of Euclid Avenue is in need of roadway resurfacing.
E. The CITY limit is either side of the COUNTY PROJECT, as depicted on "Exhibit A", which is attached hereto and incorporated by this reference. All improvements being proposed within CITY limits shall be referred to as CITY PROJECT.
F. The roadway resurfacing on Euclid Avenue will consist of asphalt concrete mill and inlay. The existing surface will be milled to a depth of two inches (2”) to remove surface distresses and irregularities. Two inches (2”) of asphalt concrete will then be placed within the milled section.
Incidental work will include and not be limited to repair of base failures (digouts), dike replacement, utility coordination and striping the roadway.
G. COUNTY and CITY desire to have one agency take the lead role in the implementation of the roadway improvements in an interest to coordinate the improvements located in the two jurisdictions and to reduce overall costs by processing the two separate jurisdictional improvements as one project.
H. COUNTY will provide the administrative, technical, managerial, and support services necessary for the implementation of the CITY PROJECT. The CITY will fund project work up to an amount of one hundred and twelve thousand, nine hundred and sixty dollars and forty-two cents ($112,960.42), as
well as changes to the CITY PROJECT completed with prior CITY approval. COUNTY will fund one hundred percent (100%) of the cost of the COUNTY PROJECT.
I. COUNTY and CITY desire to define herein the terms and conditions under which said CITY PROJECT is to be administered, engineered, coordinated, and constructed.
AGREEMENT
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree as follows:
SECTION 1 • COUNTY AGREES:
1. To act as the lead agency on behalf of the CITY for the overall development and implementation of the CITY PROJECT. The COUNTY is providing services for which the CITY will reimburse COUNTY as shown on Exhibit “B”, which is attached hereto and incorporated by this reference.
2. To prepare, or cause to be prepared, detailed plans, specifications and estimates documents (“PS&E”) for CITY PROJECT and submit to CITY for review and approval at appropriate stages of development. Final plans for improvements shall be prepared to COUNTY standards and signed by a Civil Engineer registered in the State of California. Deviations from standards shall be coordinated with and approved by CITY.
3. To identify and locate all utility facilities within the limits of the CITY PROJECT as part of its design responsibility. If any existing public and/or private utility facilities conflict with CITY PROJECT construction, CITY and COUNTY shall coordinate and cooperate in good faith to make all necessary arrangements with the owners of such facilities for their protection, adjustment, relocation, or removal. CITY and COUNTY shall, in good faith, coordinate and cooperate to require the utility owner and/or its contractors performing the relocation work within CITY's right of way to obtain a CITY encroachment permit prior to the performance of said relocation work. CITY and COUNTY shall, in good faith, coordinate and cooperate in the effort to establish prior rights related to utility encroachments into each jurisdiction's right-of-way. In the case that any utility companies are determined to have prior rights, the cost of relocating utilities shall be borne by the CITY.
4. To make written application to CITY for a public right-of-way permit authorizing entry into CITY's right of way for the purposes of constructing CITY PROJECT.
5. In accordance with Exhibit “C”, Agreement Designating the County of San Diego as the Lead Agency for the Project, to act as the lead agency under the California Environmental Quality Act (“CEQA”) for the CITY PROJECT. Exhibit “C” is attached hereto and incorporated by this reference.
6. To advertise, award and administer a public works contract for the construction of the CITY PROJECT in accordance with all applicable federal, state or COUNTY statutes, ordinances, orders, governmental requirements, laws or regulations, including, but not limited to, the COUNTY public construction codes, California Labor Code, and California Public Contract Code.
7. To furnish a representative to perform the function of “Resident Engineer” during construction of CITY PROJECT.
8. To furnish qualified support staff to assist the Resident Engineer. Such assistance shall include, but not be limited to, construction surveys, soils and compaction tests, measurement and computation of quantities, testing of construction materials, checking submittals, preparation of
estimates and reports, preparation of as-built drawings, and other inspection and staff services necessary to assure that the construction is performed in accordance with the PS&E documents.
9. To construct the CITY PROJECT in accordance with approved PS&E documents.
10. To submit any contract change order that causes the amount of the CITY PROJECT improvements to exceed $112,960.42 (as shown in Exhibit “B”) to CITY for review and approval prior to final authorization by COUNTY.
11. To furnish CITY as-built plans within one hundred and eighty (180) days following the completion and acceptance of the CITY PROJECT construction contract.
12. To furnish CITY a final reconciliation of project expenses within ninety (90) days following the completion and acceptance of the CITY PROJECT construction contract. If final costs associated with the CITY's improvements are in excess of the deposit provided in Section 2, COUNTY shall include a final bill with the financial reconciliation. If final costs associated with the CITY's improvements are less than the deposit provided in Section 2, COUNTY shall reimburse CITY for the difference with the financial reconciliation.
SECTION 2 • CITY AGREES:
1. To fund one hundred percent (100%) of the cost of the CITY PROJECT. CITY agrees that should unforeseen circumstances arise which result in an increase of any costs over those shown in Exhibit “B", CITY will in good faith amend this Agreement to include any such costs under this Agreement, subject to City Council approval if applicable.
2. To deposit with COUNTY, within thirty (30) days of executing this Agreement, the full amount of $112,960.42 (the "Deposit"), as provided in Exhibit “B".
3. CITY agrees to approve the COUNTY or its contractors public right-of-way permit application authorizing entry onto CITY’s right of way to perform all surveys and other field activities required for preparation of the PS&E, utility coordination, and construction of the CITY PROJECT, if the proposed work meets CITY design and access requirements, within forty-five (45) days of the application being deemed complete. CITY agrees to reimburse COUNTY for COUNTY, or its contractor’s, cost to obtain such permit and for any requirements of said permit not required by COUNTY’s construction contract.
4. Provide a representative to coordinate with the COUNTY's Project Manager during the development and the construction of CITY PROJECT, and to verify facilities are constructed as required by this Agreement, if applicable.
5. To provide oversight of the CITY PROJECT, to provide reviews and approvals, as appropriate, of submittals by COUNTY, and to cooperate in processing of the CITY PROJECT.
6. To pay within forty-five (45) days of receipt the invoice for final reconciled cost in excess of the Deposit amount for CITY PROJECT submitted by COUNTY for services rendered in accordance with this Agreement, subject to City Council approval if applicable.
7. CITY agrees that it shall be legally obligated to pay the full cost of the CITY PROJECT, including any costs associated with change orders reasonably necessary to complete the project, and that this liability shall not be reduced, excused or defensed on the basis of the failure or refusal of the City Council to approve an amendment to this Agreement or budget necessary funds to pay the liability.
8. CITY agrees that COUNTY shall not be liable to CITY for any cost increases or liabilities resulting from any alleged errors or omissions in site investigation, utility coordination, engineering
review, or other activities associated with, use in, and including the PS&E for the CITY PROJECT, and that COUNTY makes no representations or warranties regarding quality of work or materials for the CITY PROJECT. CITY is a third-party beneficiary of the CITY PROJECT work to be included in the COUNTY contract per Section 1, and COUNTY agrees to assign any warranties or other contractual rights it may have to CITY for the CITY PROJECT portion of the work.
SECTION 3 • IT IS MUTUALLY AGREED AS FOLLOWS:
1. The total cost to CITY to complete PS&E documents, construction, including construction survey, inspection and material testing for CITY PROJECT, including a twenty percent (20%) contingency, is estimated to be one hundred and twelve thousand, nine hundred and sixty dollars and forty- two cents ($112,960.42), as detailed in Exhibit “B".
2. COUNTY shall not be obligated to commence construction of the CITY PROJECT until after receipt of CITY's Deposit as required in Section 2.
3. During any portion of the CITY PROJECT, if a cost overrun exceeding ten percent (10%) of the COUNTY construction cost estimate is identified, COUNTY and CITY shall endeavor to agree upon a course of action in a timely manner to avoid construction delay, contractor mobilization or similar costs.
4. Construction by COUNTY of improvements referred to herein which lie within CITY rights of way shall not be commenced until a public right-of-way permit to COUNTY, or COUNTY's contractor, authorizing such work has been issued by CITY.
5. Parties shall obtain and/or cause any agent, subcontractor or other representative of that Party to maintain insurance at its own cost and expense, and keep in force and effect during the term of this Agreement, including all extensions, policies of insurance or programs of self-insurance with policy limits in sufficient amounts to cover any and all potential liability of such Party hereunder. COUNTY shall ensure that any contractor or subcontractors working on the CITY PROJECT will name the City of National City, its respective elected officials, officers, employees, agents, and representatives as additional insureds under all policies of insurance, and that additional insured certificates be provided to CITY as specifically set forth in Exhibit “D”, City of National City Insurance Requirements. COUNTY shall also ensure that any contractor or subcontractor working on the CITY PROJECT will agree to defend and indemnify the City of National City, its respective elected officials, officers, employees, agents, and representatives against any claims arising out of the CITY PROJECT, with the exception of claims arising out of the CITY’S sole negligence or willful misconduct. Ownership and title to all materials, equipment, and appurtenances installed as part of this Agreement will be automatically vested with the jurisdiction in which the improvements reside and no further agreement will be necessary to transfer ownership. COUNTY shall have no liability for any claims within the scope of insurance provided by the COUNTY’s contractor, and any insurance or self-insurance maintained by COUNTY shall not be obligated for any such insured claims.
6. CITY shall be responsible for the maintenance of the improvements provided by CITY PROJECT.
COUNTY shall be responsible for the maintenance of the improvements provided by COUNTY PROJECT. CITY shall accept responsibility for maintenance of CITY PROJECT upon receipt of a notice of completion from COUNTY.
7. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by all Parties and no oral understanding or agreement not incorporated herein shall be binding on each Party hereto.
8. In the event that either Party defaults in the performance of any of its obligations under this Agreement or materially breaches any of the provisions of this Agreement, the other Party shall have the option to terminate this Agreement for default. Termination by CITY for default after the award of a construction contract shall not excuse CITY from paying for the CITY PROJECT work completed prior to termination. If COUNTY’s contractor has the legal right to complete work per the awarded contract, CITY’s termination for default shall not excuse the CITY from liability to the contractor for completion or damages for failure to allow completion of the CITY PROJECT.
9. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the same shall be deemed severable from the remainder of this Agreement, and the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
10. This Agreement is to be construed in accordance with the laws of the State of California.
11. Neither the CITY nor COUNTY shall assign this Agreement without the written consent of the other Party.
12. Any action at law or in equity brought by any of the Parties hereto for the purpose of enforcing a right or rights provided by this Agreement shall be tried in a court of competent jurisdiction in the City and County of San Diego, State of California, and the Parties hereto waive all provisions of law providing for a change of venue in such proceedings to any other county.
13. This Agreement is the result of negotiations between the Parties hereto, and the advice and assistance of their respective counsel. The fact that this Agreement was prepared as a matter of convenience by CITY or COUNTY shall have no importance or significance. Any uncertainty or ambiguity in this Agreement shall not be construed against the Party that prepared it in its final form.
14. Any waiver by COUNTY or CITY of any breach by any other Party of any provision of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or any other provision hereof. Failure on the part of COUNTY or CITY to require from any other Party exact, full and complete compliance with any of the provisions of this Agreement shall not be construed as in any manner changing the terms hereof, or stopping COUNTY or CITY from enforcing this Agreement.
15. This Agreement and the Exhibits herein contain the entire agreement between the Parties, and are intended by the Parties to completely state the Agreement in full. Any agreement or representation respecting the matters dealt with herein or the duties of any Party in relation thereto, not expressly set forth in this Agreement, is null and void.
16. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not a party to this Agreement or affect the legal liability of any Party to the Agreement by imposing any standard of care with respect to the maintenance of roads different from the standard of care imposed by law.
17. CITY and COUNTY shall retain or cause to be retained for audit, all records and accounts relating to CITY PROJECT for a period of minimum three (3) years from the date of notice of completion of the CITY PROJECT.
18. The CITY PROJECT shall be awarded and completed in conformity with all applicable federal, state, and COUNTY laws, rules, and regulations, current and hereinafter enacted, including facility and professional licensing and/or certification laws, and keep in effect any and all licenses, permits, notices and certificates as are required. The COUNTY, as the Party responsible for overseeing the contract work, shall ensure compliance with all laws applicable to wages and hours of employment, occupational safety, and to fire safety, health and sanitation. In addition to any applicable federal or state laws, rules, or regulations, COUNTY shall comply with CITY requirements imposed for access to CITY right-of-way and design requirements included in the PS&E at the request of the CITY.
19. Any Party may propose amendments to this Agreement by providing written notice of such amendments to the other Party. This Agreement may only be amended by a written amendment signed by each Party’s administrator.
20. This Agreement only applies to the CITY PROJECT described herein and does not set forth any additional current or future obligations or agreements between the Parties, ex cept that the Parties may by written amendment amend the scope of this Agreement.
21. This Agreement shall become effective on the date all of the Parties have signed this Agreement and be in force until the latter of two (2) years from the execution date or the completion and final payment by CITY for CITY PROJECT.
22. The COUNTY or CITY may, by written notice stating the extent and effective date, terminate this Agreement for convenience in whole or in part, at any time prior to the award of a construction contract for the CITY PROJECT by COUNTY.
23. This Agreement may be executed in any number of separate counterparts, each of which shall be deemed an original but all of which when taken together shall constitute one and the same instrument.
24. All notices, demands, invoices, and other communications required or permitted hereunder shall be in writing and delivered to the following addresses or such other address as the Parties may designate:
COUNTY:
County of San Diego, Department of Public Works
Attn: William P. Morgan, Interim Director of Public Works 5510 Overland Ave, Suite 410
San Diego, CA 92123
Phone: (858) 694-2233
CITY:
City of National City Department of Engineering & Public Works Attn: Stephen Manganiello, Director of Public Works / City Engineer 1243 National City Blvd
National City, CA 91950
Phone: (619) 336-4380
Attachments:
1. EXHIBIT A – PROJECT MAP
2. EXHIBIT B – CITY ESTIMATED PROJECT COSTS
3. EXHIBIT C – AGREEMENT DESIGNATING THE COUNTY OF SAN DIEGO AS THE LEAD AGENCY FOR
PROJECT
4. EXHIBIT D – NATIONAL CITY INSURANCE REQUIREMENTS
IN WITNESS WHEREOF, this Agreement is executed by the City of National City and the County of San Diego, acting by and through their authorized officers.
COUNTY OF SAN DIEGO
BY: ____________________________
ANDREW POTTER
Executive Officer/ Clerk of the Board of Supervisors
DATE: ___________________________
Approved as to form this ___ day of
________, 2024.
BY: _____________________
THOMAS BOSWORTH
County Counsel
CITY OF NATIONAL CITY
BY: ______________________
RON MORRISON
Mayor
DATE: _____________________
Approved as to form this ___ day of
________, 2024.
BY: _____________________
BARRY J. SCHULTZ
City Attorney
RESOLUTION NO. 2024 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA,
AUTHORIZING THE MAYOR TO EXECUTE A SERVI CE AGREEMENT WITH TH E COUNTY
OF SAN DIEGO FOR ROA DWAY RESURFACING OF EUCLID AVENUE BETWEE N SWEETWATER ROAD AND 24TH STREET IN THE AMOUNT OF $112,960.42.
WHEREAS, on June 10, 2024, the County of San Diego (“County”) Public Works Department notified City of National City (“City”) staff of an opportunity to participate in the County’s Annual Roadway Resurfacing Program for portions of Euclid Avenue that cross jurisdictional boundaries; and
WHEREAS, the County is proposing to resurface Euclid Avenue between Sweetwater Road and 24th Str eet (the “Project”), which includes a short 0.06 -mile segment within the jurisdictional boundaries of the City; and
WHEREAS, by executing a service agreement with the County (the “Agreement”), the City would be able to take advantage of competitive pricing by adding the smaller City segment to the larger County Project; and
WHEREAS, City staff has reviewed the County’s cost estimate for construction and support services for the portion of the Project within the City’s jurisdictional boundaries, and has determined the costs to be fair and reasonable based on prevailing conditions; and
WHEREAS, the County agrees to act as the lead agency on behalf of the City for the overall development and implementati on of the Project, including environmental review and compliance with the California Environmental Quality Act (“CEQA”); and
WHEREAS, the City agrees to reimburse the County for the cost of construction and services for the portion of the Project within t he City’s jurisdictional boundaries in the amount of $112,960.42; and
WHEREAS, should unforeseen circumstances arise which result in an increase of costs in excess of the authorized amount of $112,960.42, City staff will return to City Council to amend the Agreement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: That the City Council hereby authorizes the Mayor to execute a service agreement with the County of San Diego for roadway resurfacing of Euclid Avenue between Sweetwater Road and 24th Street in the amount of $112,960.42. The Agreement is attached to the Agenda Report as Exhibit A.
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 15th day of October, 2024.
Ron Morrison, Mayor
ATTEST:
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
Barry J. Schultz, City Attorney
AGENDA REPORT
Department: Finance
Prepared by: Karla Apalategui, Sr. Accounting Assistant Meeting Date: Tuesday, October 15, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
Warrant Register #9 for the period of 8/23/24 through 8/29/24 in the amount of $1,002,939.26
RECOMMENDATION:
Ratify Warrants Totaling $1,002,939.26
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
Per Government Section Code 37208, below are the payments issued for the period of 8/23/24 – 8/29/24. Consistent with the Department of Finance’s practice, listed below are all payments above $50,000.
Vendor Check/Wire Amount Explanation
SD Gas and Electric 371047 $97,847.73 Gas and Electric for Utilities Aug FY25 West Coast Arborists 371107 $77,115.00 Citywide Tree Trimming FY25 / Parks Public Emp Ret 242410155 $345,701.15 Service Period 8/6/24 – 8/19/24
FINANCIAL STATEMENT:
Warrant total $1,002,939.26
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Not Applicable
ENVIRONMENTAL REVIEW:
This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065.
PUBLIC NOTIFICATION:
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 – FY 25 Warrant Register No. 9
PAYEE DESCRIPTION CHK NO DATE AMOUNT
Mayor and Council
LOPEZ, CINDY D CONSULTING SERVICES - JOSE RODRIGUEZ 371010 8/26/24 42,000.00 UNKNWNLABS AGREEMENT CONSULTANT 371011 8/26/24 8,750.00 Total for Department 50,750.00
Building/Planning
4LINK NETWORK CONSUL COLLECT AND TRACK HOME INSPECTION REQUEST 371060 8/29/24 200.00 4LINK NETWORK CONSUL COLLECT AND TRACK HOME INSPECTION REQUEST 371060 8/29/24 200.00 ESGIL LLC ON-CALL PLAN REVIEWS, PERMIT REVIEWS, ETC. 371078 8/29/24 26,100.00 ESGIL LLC ON-CALL PLAN REVIEWS, PERMIT REVIEWS, ETC. 371078 8/29/24 46,752.00 STAPLES BUSINESS ADV MOP#45704 BUILDING OFFICE SUPPLIES 371102 8/29/24 33.39 STAPLES BUSINESS ADV MOP#45704 BUILDING OFFICE SUPPLIES 371102 8/29/24 73.70 TRUE NORTH COMPLIANC FULL RANGE OF BUILDING & SAFETY AND 371104 8/29/24 25,694.28 Total for Department 99,053.37
CAO
Total for Department 0.00
City Clerk
MCA DIRECT LLC ELECTION SUPPLIES 371034 8/29/24 1,539.62 CIVICPLUS, LLC MUNICODE SUPPORT 371070 8/29/24 4,291.15 CIVICPLUS, LLC MUNICODE - CODIFICATION 371070 8/29/24 508.75 CORODATA RECORDS OFFSITE FILE STORAGE 371072 8/29/24 55.65 CORODATA RECORDS OFF SITE RECORD STORAGE 371072 8/29/24 55.65 CORODATA RECORDS OFF SITE RECORD STORAGE 371072 8/29/24 55.65 Total for Department 6,506.47
CMO
ACE UNIFORMS & ACCES JACKETS WITH CITY LOGO - BRIAN HADLEY 371061 8/29/24 182.10 COUNTY OF SAN DIEGO MAIL POSTAGE BILLING - MARCH 2024 371074 8/29/24 2,553.53 STAPLES BUSINESS ADV MOP# 45704 - OFFICE SUPPLIES - CMO 371102 8/29/24 331.36 STAPLES BUSINESS ADV MOP#45704 - OFFICE SUPPLIES - CMO 371102 8/29/24 41.31 Total for Department 3,108.30
Community Services/Nutrition/Library
AIR EXHAUST CORP CO KITCHEN EXHAUST CLEANING SERVICE 371062 8/29/24 72.00 ALDEMCO FOOD/CONSUMABLES AS NEEDED FOR NUTRITION C 371063 8/29/24 1,188.29 ALDEMCO FOOD/CONSUMABLES AS NEEDED FOR NUTRITION C 371063 8/29/24 1,748.75 ALDEMCO FOOD/CONSUMABLES AS NEEDED FOR NUTRITION C 371063 8/29/24 271.82 ALL FRESH PRODUCTS FOOD/CONSUMABLES AS NEEDED FOR NUTRITION C 371064 8/29/24 942.74 BEST BUY BUSINESS LUNCH AT THE LIBRARY GRANT- VIDEO GAMES 371065 8/29/24 587.12 WARRANT REGISTER # 9
8/29/2024
1/6Page 501 of 520
PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 9
8/29/2024
BEST BUY BUSINESS COMPUTER EQUIPMENT- LIBRARY 371065 8/29/24 721.99 CASTANEDA, JUANITA RFW EMP REIMB JUANITA NRPA CONF/CSD PRC#T328 371068 8/29/24 695.00 DSS OHIO LLC MONSTER MOVER HAND TRUCK FOR CSD EVENTS/CS 371077 8/29/24 1,389.76 HOME DEPOT CREDIT SE FOLDING TABLES FOR CASA YOUTH PROGRAMMING/ 371081 8/29/24 483.71 PEIRCE, DENISSE RFW-CONT.INST.MONTHLY PAYMENT YOGA CLASSES 371090 8/29/24 392.00 PRUDENTIAL OVERALL S LAUNDRY AND CONSUMABLES FOR FY25 371094 8/29/24 303.48 PRUDENTIAL OVERALL S LAUNDRY AND CONSUMABLES FOR FY25 371094 8/29/24 153.43 PRUDENTIAL OVERALL S LAUNDRY AND CONSUMABLES FOR FY25 371094 8/29/24 153.43 SDG&E ELECTRIC BILL 8/16/2024 371098 8/29/24 3,555.18
SEAPORT MEAT COMPANY FOOD AS NEEDED FOR NUTRITION CTR. FY25 371099 8/29/24 215.39 SMART & FINAL MOP 45756 SR PRG SUPPLIES/CSD 371101 8/29/24 76.68 STAPLES BUSINESS ADV PAPER, SHEET PROTECTORS 371102 8/29/24 587.16 STAPLES BUSINESS ADV STAPLES- HAND SANITIZER 371102 8/29/24 325.34 STAPLES BUSINESS ADV MOP 45704 EL TOYON SUPPLIES/CSD 371102 8/29/24 41.41 Total for Department 13,904.68
Engineering / PW's
ATLAS TECHNICAL CONS CIP 19-35 PARADISE CREEK PROJ. AT KIMBALL WAY 371015 8/29/24 531.00 ATLAS TECHNICAL CONS CIP 19-35 PARADISE CREEK PROJ. AT KIMBALL WAY 371015 8/29/24 316.00 ATLAS TECHNICAL CONS CIP 19-35 PARADISE CREEK PROJ. AT KIMBALL WAY 371015 8/29/24 1,093.50 AVILA, MACARIO 2024 MEMBERSHIP & SEMINAR PRC#14091, T3295 371016 8/29/24 175.00 CALIFORNIA ELECTRIC MOP 45698 ELECTRIC SUPPLIES FY25-PW/FAC 371018 8/29/24 461.24 COSCO FIRE PROTECTIO FIRE EXTINGUISHER AT LAS PALMAS FY24-PW/FAC 371021 8/29/24 160.00 COSCO FIRE PROTECTIO FIRE EXTINGUISHER AT KIMBALL REC FY24-PW/FAC 371021 8/29/24 160.00 COSCO FIRE PROTECTIO SPRINKLERS AT NC LIBRARY FY24-PW/FAC 371021 8/29/24 250.00 COSCO FIRE PROTECTIO EXTINGUISHER AT ARTS BUILDING FY24-PW/FAC 371021 8/29/24 365.00 COSCO FIRE PROTECTIO SPRINKLKERS AT PD FY24-PW/FAC 371021 8/29/24 489.00 D-MAX ENGINEERING IN FOR T&A 90638 – E. 31ST STREET APARTMENTS 371023 8/29/24 478.27 D-MAX ENGINEERING IN FOR T&A 90638 – E. 31ST STREET APARTMENTS 371023 8/29/24 94.97 FERMOILE, MIKE T&A 90667 REFUND- 2207 CLEVELAND AVE.- BOND 371028 8/29/24 25,000.00 FERMOILE, MIKE T&A 90695 REFUND- 2207 CLEVELAND AVE. 371028 8/29/24 2,309.22 GRAINGER MOP 65179 BUILDING SUPPLIES FY25-PW/FAC 371029 8/29/24 51.86 GRAINGER MOP 65179 BUILDING SUPPLIES FY25-PW/FAC 371029 8/29/24 180.95 HOME DEPOT CREDIT SE MISC PARK MAINTENANCE SUPPLIES FY25-PW/PARKS 371031 8/29/24 293.18 HOME DEPOT CREDIT SE BPO: BUILDING MATERIAL SUPPLIES FOR FY25-PW/FA 371031 8/29/24 128.05 HOME DEPOT CREDIT SE BPO: BUILDING MATERIAL SUPPLIES FOR FY25-PW/FA 371031 8/29/24 69.38 HOME DEPOT CREDIT SE BPO: BUILDING MATERIAL SUPPLIES FOR FY25-PW/FA 371031 8/29/24 814.55 HOME DEPOT CREDIT SE BPO: BUILDING MATERIAL SUPPLIES FOR FY25-PW/FA 371031 8/29/24 51.61 HOME DEPOT CREDIT SE BPO: BUILDING MATERIAL SUPPLIES FOR FY25-PW/FA 371031 8/29/24 253.87 HOME DEPOT CREDIT SE BPO: BUILDING MATERIAL SUPPLIES FOR FY25-PW/FA 371031 8/29/24 121.45 HOME DEPOT CREDIT SE BPO: BUILDING MATERIAL SUPPLIES FOR FY25-PW/FA 371031 8/29/24 83.48 HOME DEPOT CREDIT SE BPO: BUILDING MATERIAL SUPPLIES FOR FY25-PW/FA 371031 8/29/24 211.18 HOME DEPOT CREDIT SE BPO: BUILDING MATERIAL SUPPLIES FOR FY25-PW/FA 371031 8/29/24 380.21 HOME DEPOT CREDIT SE BPO: BUILDING MATERIAL SUPPLIES FOR FY25-PW/FA 371031 8/29/24 100.69 HOME DEPOT CREDIT SE BPO: BUILDING MATERIAL SUPPLIES FOR FY25-PW/FA 371031 8/29/24 299.65 HOME DEPOT CREDIT SE BPO: BUILDING MATERIAL SUPPLIES FOR FY25-PW/FA 371031 8/29/24 29.92 HOME DEPOT CREDIT SE BPO: BUILDING MATERIAL SUPPLIES FOR FY25-PW/FA 371031 8/29/24 289.70 2/6Page 502 of 520
PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 9
8/29/2024
INNOVATIVE CONSTRUCT FOR T&A 90414 – RAINTREE CRT. 371032 8/29/24 1,413.00 MASON'S SAW & LAWNMO MOP 45729 LANDSCAPE SUPPLIES FY25-PW/PARKS 371033 8/29/24 27.64 MASON'S SAW & LAWNMO MOP 45729 LANDSCAPE SUPPLIES FY25-PW/PARKS 371033 8/29/24 321.63 NV5 INC FOR T&A 90697- 1830 SWEETWATER RD. 371036 8/29/24 4,058.20 NV5 INC FOR T&A 90696- 21 W 7TH ST. 371036 8/29/24 1,364.75 NV5 INC FOR T&A 90673- 1200 HIGHLAND AVE. 371036 8/29/24 185.40 NV5 INC FOR T&A 90645- GRADING - 1300 WILSON AVE. 371036 8/29/24 278.10 NV5 INC NC ON CALL GENERAL SRVCS 371036 8/29/24 927.00 NV5 INC NC PLAN CHECK SERVICES FOR UTILITY- AT&T 371036 8/29/24 3,020.20 PARTS AUTHORITY METR MOP 75943 AUTO SUPPLIES FY25-PW/EQM 371037 8/29/24 72.78 PARTS AUTHORITY METR MOP 75943 AUTO SUPPLIES FY25-PW/EQM 371038 8/29/24 61.80 POWERSTRIDE BATTERY MOP 67839 AUTO BATTERIES FY25-PW/EQM 371039 8/29/24 404.65 PROJECT PROFESSIONAL PROFESSIONAL SERVICES FOR VARIOUS CIP PROJ. 371041 8/29/24 10,512.50 PROJECT PROFESSIONAL CIP 23-10 MLK COMM. CENTER OFFICE UPGRADE 371041 8/29/24 1,126.75 PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SERVICES FY25-PW/PARKS 371042 8/29/24 107.16 PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SERVICES FY25-PW/EQM 371042 8/29/24 59.11 PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SERVICES FY25-PW/FAC 371042 8/29/24 14.42 PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SERVICES FY25-PW/FAC 371042 8/29/24 45.11 PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SERVICES FY25-PW/FAC 371042 8/29/24 14.42 RED WING BUSINESS SAFETY BOOTS FOR RICHARD FLORES FY25-PW/STS 371043 8/29/24 200.00 RED WING BUSINESS SAFETY BOOTS FOR ERNESTO LORONA FY25-PW/STS 371043 8/29/24 184.86 RED WING BUSINESS SAFETY BOOTS FOR KEVIN ESTUDILLO FY25-PW/STS 371043 8/29/24 184.86 RED WING BUSINESS SAFETY BOOTS FOR DAVID GALLEGOS FY25-PW/WW 371043 8/29/24 181.05 RED WING BUSINESS SAFETY BOOTS FOR ROGELIO SALES FY25-PW/WW 371043 8/29/24 200.00 RED WING BUSINESS SAFETY BOOTS FOR OSCAR BECERRIL FY25-PW/WW 371043 8/29/24 181.05 RED WING BUSINESS SAFETY BOOTS FOR FIATOA FY25-PW/WW 371043 8/29/24 200.00 SAN DIEGO GAS & ELEC GAS AND ELECTRIC FOR FACILITIES AUG FY25-PW/FA 371046 8/29/24 327.54 SAN DIEGO GAS & ELEC GAS AND ELECTRIC FOR FACILITIES AUG FY25-PW/FA 371046 8/29/24 4,273.43 SAN DIEGO GAS & ELEC GAS AND ELECTRIC FOR STREETS AUG FY25-PW/STS 371046 8/29/24 10,480.64 SAN DIEGO GAS & ELEC GAS AND ELECTRIC FOR STREETS AUG FY25-PW/STS 371046 8/29/24 649.08 SAN DIEGO GAS & ELEC GAS AND ELECTRIC FOR STREETS AUG FY25-PW/STS 371046 8/29/24 11.45 SAN DIEGO GAS & ELEC GAS AND ELECTRIC FOR STREETS AUG FY25-PW/STS 371046 8/29/24 44.03 SAN DIEGO GAS & ELEC GAS AND ELECTRIC FOR STREETS MAR FY25-PW/STS 371046 8/29/24 92.28 SAN DIEGO GAS & ELEC GAS AND ELECTRIC FOR STREETS FY25-PW/STS 371046 8/29/24 43.77 SAN DIEGO GAS & ELEC GAS AND ELECTRIC FOR FACILITIES JUL FY25-PW/FA 371047 8/29/24 5,913.01 SAN DIEGO GAS & ELEC GAS AND ELECTRIC FOR FACILITIES AUG FY25-PW/FA 371047 8/29/24 97,847.73 SEDANO FORD OF LM, I R&M CITY VEHICLES FY25-PW/EQM 371048 8/29/24 51.32 SITEONE LANDSCAPE SU MOP 69277 LANDSCAPE SUPPLIES FY25-PW/PARKS 371049 8/29/24 404.82 SO CAL TRUCK STOP MOP 45758 PROPANE FY25-PW/EQM 371050 8/29/24 154.83 STAPLES BUSINESS ADV MOP 45704 OFFICE SUPPLIES FY25-PW/ENG 371053 8/29/24 131.05 THE SAN DIEGO UNION ADVERTISING; NOTICE INVITING BIDS- CIP 22-26 371055 8/29/24 2,169.61 THE SAN DIEGO UNION ADVERTISING NOTICE INVITING BIDS- VARIOUS CIP'S 371055 8/29/24 3,322.26 VALLEY INDUSTRIAL SP BUILDING SUPPLIES FY25-PW/FAC 371056 8/29/24 532.83 VALLEY INDUSTRIAL SP BUILDING SUPPLIES FY25-PW/FAC 371056 8/29/24 532.83 WETMORES MOP 80333 AUTO SUPPLIES FY25-PW/EQM 371059 8/29/24 386.19 COSCO FIRE PROTECTIO CITY HALL SPRINKLERS FY24-PW/FAC 371073 8/29/24 1,695.00 COSCO FIRE PROTECTIO SPRINKLERS FOR CAMACHO CENTER FY24-PW/FAC 371073 8/29/24 160.00 FLORES, RICHARD M RIGHT BOOT 3/4 LIFT FY24-PW/STS 371079 8/29/24 85.00 3/6Page 503 of 520
PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 9
8/29/2024
HAAKER EQUIPMENT COM PARTS AND SMALL EQUIPMENT FY25-PW/EQM 371080 8/29/24 129.15 NV5 INC ON CALL GENERAL SERVICES 371088 8/29/24 370.80 NV5 INC STAFF AUGMENTATION & COUNTER SRVCS 371088 8/29/24 103.00 NV5 INC NC PLAN CHECK SERVICES FOR UTILITY- SDG&E 371088 8/29/24 3,347.43 NV5 INC STAFF AUGMENTATION AND COUNTER SRVCS 371088 8/29/24 360.50 NV5 INC NC PLAN CHECK SERVICES FOR UTILITY- CROWN CA 371088 8/29/24 2,755.97 NV5 INC NC PLAN CHECK SERVICES FOR SWEETWATER PIPE 371088 8/29/24 354.57 NV5 INC NC PLAN CHECK SERVICES FOR UTILITY- COX 371088 8/29/24 297.40 O'REILLY AUTO PARTS MOP 75877 AUTO SUPPLIES FY25-PW/EQM 371089 8/29/24 36.65 PROJECT PROFESSIONAL CIP 20-05 PD PISTOL RNG SAFETY ENHANCEMENTS 371093 8/29/24 5,613.00 PROJECT PROFESSIONAL CIP 23-14 CASA DE SALUD ROOF REPLACEMENT 371093 8/29/24 1,725.00 PROJECT PROFESSIONAL CIP 20-04 PD GENERATOR & ELECTRICAL UPGRADES 371093 8/29/24 2,311.00 PROJECT PROFESSIONAL NTP- STORM- LAS PALMAS GOLF COURSE STORM DR 371093 8/29/24 449.50 STAPLES BUSINESS ADV MOP 45704 OFFICE SUPPLIES FY25-PW/ENG 371102 8/29/24 197.47 STAPLES BUSINESS ADV MOP 45704 OFFICE SUPPLIES FY25-PW/ENG 371102 8/29/24 7.67 VORTEX INDUSTRIES IN CITY-WIDE DOORS, GATES, FY24-PW/FAC 371106 8/29/24 6,798.00 VORTEX INDUSTRIES IN CITY-WIDE DOORS, GATES, FY24-PW/FAC 371106 8/29/24 4,194.60 WEST COAST ARBORISTS CITY WIDE TREE TRIMMING FY25-PW/PARKS 371107 8/29/24 77,115.00 Total for Department 296,064.78
Finance
C A P F SEPTEMBER 2024 - FIRE LTD FY2024-2025 371017 8/29/24 1,298.00 CALIFORNIA LAW ENFOR SEPTEMBER 2024 - PD LTD FY 2024-2025 371019 8/29/24 2,656.00 DELTA DENTAL INSURAN SEPTEMBER 2024 - GRP #05-7029600002 COBRA DENT 371024 8/29/24 51.00 DELTA DENTAL INSURAN SEPTEMBER 2024 GRP #05-7029600000 PMI DENTAL IN 371025 8/29/24 1,786.08 DELTA DENTAL OF CALI SEPTEMBER 2024 - GRP #05-0908601002 COBRA PREM 371026 8/29/24 90.44 DELTA DENTAL OF CALI SEPT 2024 GRP #05-0908600000 DENTAL INS PREMIER 371027 8/29/24 16,134.46 RELIANCE STANDARD SEPT 2024 -GRP VAI826233, VC1801146 & VG180848 371044 8/29/24 1,686.27 THE LINCOLN NATIONAL SEPT 2024 - GRP #415491 LIFE & AD&D, STD, LTD INS 371054 8/29/24 7,712.52 THE LINCOLN NATIONAL SEPT 2024 - GRP #415491 LIFE & AD&D, STD, LTD INS 371054 8/29/24 2,425.30 THE LINCOLN NATIONAL SEPT 2024 - GRP #415491 LIFE & AD&D, STD, LTD INS 371054 8/29/24 -63.96 CALIFORNIA SOCIETY SD COUNTY CHAPTER MEETING 08/15/24 371066 8/29/24 45.00 DAVID TAUSSIG AND AS DIF STUDY 371075 8/29/24 4,401.60 LIEBERT CASSIDY WHI FRAUD CHECK CREDIT ADJ – INVOICE 205200 PAYME 371084 8/29/24 1,840.00 SASI MONTHLY TRUST ACCOUNTING 8/01/24-8/31/24 371097 8/29/24 785.50 THE SIMPLE WEB SOLUT RSWA WEB HOSTING AND DOMAIN FY 24/25 371103 8/29/24 1,709.98 Total for Department 42,558.19
Fire
HAMLYN WILLIAMS INC TEMP EMPLYMT, NARDZYEZDA ACOSTA WE 11-AUG- 371030 8/29/24 200.00 HAMLYN WILLIAMS INC TEMP EMPLYM SVCS,NARDYEZDA ACOSTA,W/E 23-JU 371030 8/29/24 800.00 HAMLYN WILLIAMS INC NARDYEZDA ACOSTA-W/E 7 JULY 2024 (37240) 371030 8/29/24 880.00 HAMLYN WILLIAMS INC TEMP EMPLYMT, NARDYEZDA ACOSTA-W/E 04-AUG-2 371030 8/29/24 1,440.00 PRO BUILD COMPANY MOP # 45707, VELCRO TAPE 3/4X5' WHITE 371040 8/29/24 16.35 ACE UNIFORMS & ACCES SERGIO MORA BLACK PANT AND TRUCKER CAP 371061 8/29/24 587.00 ESGIL LLC PLAN CHECKS FOR FIRE, FY24-25 371078 8/29/24 1,080.90 4/6Page 504 of 520
PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 9
8/29/2024
MONTANO, HECTOR PYMT FOR DELIVERY OF SPANISH CERT CLASSES JU 371085 8/29/24 1,500.00 PRO BUILD COMPANY MOP #45707, DEWALT 4-1/2" FLAP DISC 120 GRIT 371092 8/29/24 186.34 STAPLES BUSINESS ADV MOP 45704, SPLS 8.5X11 30 REC COPY CS 371102 8/29/24 111.88 VIORA, BRIAN RE-IMBRSMNT,TRVL MI EXPNS-AMBULANCE BUS, PRC 371105 8/29/24 168.84 WILLIAMS, GEORGE M REIMBRSMT, RENEWL PARAMEDIC LICENSE 2024 371108 8/29/24 250.00 Total for Department 7,221.31
Housing / Sec 8
HAMLYN WILLIAMS INC TEAM-STAFF AYMEE ACOSTA WK ENDING 05/12/2024 371030 8/29/24 1,472.75 HAMLYN WILLIAMS INC TEAM-STAFF AYMEE ACOSTA W-E 8/4/24 FOR SECC 8 371030 8/29/24 798.51 HAMLYN WILLIAMS INC TEAM-STAFF AYMEE ACOSTA, W/E 07/21/24 FOR SEC 371030 8/29/24 1,572.94 HAMLYN WILLIAMS INC TEAM-STAFF AYMEE ACOSTA W-E 28-JUL-24 FOR SEC 371030 8/29/24 1,569.50 HAMLYN WILLIAMS INC TEAM-STAFF AYMEE ACOSTA, W-E 08/11/24 FOR SEC8 371030 8/29/24 1,419.43 CHRISTENSEN & SPATH CDC-HA AGREEMENT WITH CHRISTENSEN & SPATH 371069 8/29/24 825.00 SHRED-IT FINAL FEE FOR SERVICE 08-2024 FOR SECC 8 DEPT 371100 8/29/24 139.37 STAPLES BUSINESS ADV OFFICE SUPPLIES/ HOUSING 371102 8/29/24 67.35 STAPLES BUSINESS ADV INK SUPPLIES/ HOUSING 371102 8/29/24 323.73 Total for Department 8,188.58
Human Resources
CONCENTRA MEDICAL CE PRE-EMPLOYMENT PHYSICAL 371071 8/29/24 860.00 CONCENTRA MEDICAL CE PRE-EMPLOYMENT PHYSICAL 371071 8/29/24 218.00 DEPARTMENT OF JUSTIC NEW EMPLOYEE FINGERPRINT TEST RESULTS-JULY 371076 8/29/24 128.00 STAPLES BUSINESS ADV MOP #45704 / OFFICE SUPPLIES / HUMAN RESOURCE 371102 8/29/24 40.03 STAPLES BUSINESS ADV MOP #45704 / OFFICE SUPPLIES / HUMAN RESOURCE 371102 8/29/24 131.85 STAPLES BUSINESS ADV MOP #45704 / OFFICE SUPPLIES / HUMAN RESOURCE 371102 8/29/24 97.01 Total for Department 1,474.89
MIS
AT&T SBC/AT&T DATA/PHONES FY25 371013 8/29/24 107.22
AT&T SBC/AT&T DATA/PHONES FY25 371014 8/29/24 61.81
AT&T SBC/AT&T DATA/PHONES FY25 371014 8/29/24 2,432.23 AT&T SBC/AT&T DATA/PHONES FY25 371014 8/29/24 16,911.36 AT&T SBC/AT&T DATA/PHONES FY25 371014 8/29/24 195.97
AT&T SBC/AT&T DATA/PHONES FY25 371014 8/29/24 1,916.39 COX COMMUNICATIONS COX BUSINESS DATA/VIDEO FY25 371022 8/29/24 2,060.43 COX COMMUNICATIONS COX BUSINESS DATA/VIDEO FY25 371022 8/29/24 88.26 SPOK INC SPOK PAGING FY25 371052 8/29/24 738.58
VERIZON WIRELESS VERIZON WIRELESS DATA/PHONES FY25 371057 8/29/24 74.08 STAPLES BUSINESS ADV HP PRINTER CARTRIDGES 371102 8/29/24 231.49 STAPLES BUSINESS ADV ERGO ROLLER MOUSE 371102 8/29/24 406.13 STAPLES BUSINESS ADV STAPLES OFFICE SUPPLIES FY 24 MOP 371102 8/29/24 54.10 Total for Department 25,278.05
5/6Page 505 of 520
PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 9
8/29/2024
NSD
SAFE LIFE DEFENSE LL SAFTEY VEST TO MEET SB 296 SAFETY MANDATE 371045 8/29/24 6,289.45 Total for Department 6,289.45
Police
ACE UNIFORMS & ACCES UNIFORM AND ACCESSORIES FOR FY25 371012 8/29/24 86.18 ACE UNIFORMS & ACCES UNIFORM AND ACCESSORIES FOR FY25 371012 8/29/24 133.59 ACE UNIFORMS & ACCES UNIFORM AND ACCESSORIES FOR FY25 371012 8/29/24 -58.87 CAMACHO, JOSEPH B REIMBURSEMENT / PEER SUPPORT 371020 8/29/24 91.96 MOBILE WIRELESS LLC FULL ACCESS TO THJE NETMOTION PLATFORM / PD 371035 8/29/24 10,500.00 SPECIAL SERVICES GRO RENEWAL OF ANNUAL COVERT TRACK SERVICE / PD 371051 8/29/24 616.44 SPECIAL SERVICES GRO RENEWAL OF ANNUAL COVERT TRACK SERVICE / PD 371051 8/29/24 1,773.70 STAPLES BUSINESS ADV MOP 45704. OFFICE SUPPLIES / PD 371053 8/29/24 45.54 STAPLES BUSINESS ADV MOP 45704. OFFICE SUPPLIES / PD 371053 8/29/24 276.02 STAPLES BUSINESS ADV MOP 45704. OFFICE SUPPLIES / PD 371053 8/29/24 232.87 STAPLES BUSINESS ADV MOP 45704. OFFICE SUPPLIES / PD 371053 8/29/24 456.84 STAPLES BUSINESS ADV MOP 45704. OFFICE SUPPLIES / PD 371053 8/29/24 221.71 CAMACHO, JOSEPH B REIMBURSEMENT / PEER SUPPORT 371067 8/29/24 47.99 INTERNATIONAL BUSINE TRAINING DATABASE 371082 8/29/24 9,500.00 MOTOPORT CUST MOTOPORT AIR MESH JACKET / PD 371086 8/29/24 4,182.53 MOTOROLA SOLUTIONS I PORTABLE RADIOS / PD 371087 8/29/24 18,090.00 MOTOROLA SOLUTIONS I PORTABLE RADIOS / PD 371087 8/29/24 2,454.92 POLICE AND TACTICAL TASERS / PD 371091 8/29/24 26,806.88 RADY CHILDREN'S HOSP CHILD SEXUAL ASSAULT EXAMS / PD 371095 8/29/24 2,700.00 RAY ALLEN MANUFACTUR CANINE SUPPLIES 371096 8/29/24 1,375.98 WORTHINGTON DIRECT H CONFERENCE TABLE/SEATING AREA 371109 8/29/24 7,505.76 Total for Department 87,040.04
Risk
INTERNATIONAL TACTIC LIABILITY CLAIM COST-UMANA 371083 8/29/24 9,800.00 Total for Department 9,800.00
A/P Total 657,238.11
WIRED PAYMENTS
Finance
PUBLIC EMP RETIREMEN SERVICE PERIOD 08/06/2024-08/19/2024 242410155 8/29/24 345,701.15 GRAND TOTAL 1,002,939.26
6/6Page 506 of 520
AGENDA REPORT
Department: Finance
Prepared by: Karla Apalategui, Sr. Accounting Assistant Meeting Date: Tuesday, October 15, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
Warrant Register #10 for the period of 8/30/24 through 9/05/24 in the amount of $4,637,113.79
RECOMMENDATION:
Ratify Warrants Totaling $4,637,113.79
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
Per Government Section Code 37208, below are the payments issued for the period of 8/30/24 – 9/05/24. Consistent with the Department of Finance’s practice, listed below are all payments above $50,000.
Vendor Check/Wire Amount Explanation
Kaiser Foundation 371220 $200,018.81 October 2024 – Group #104220 Union Tower One LP 172 $981,282.55 Union Tower Construction Draw Request
FINANCIAL STATEMENT:
Warrant total $4,637,113.79
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Not Applicable
ENVIRONMENTAL REVIEW:
This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065.
PUBLIC NOTIFICATION:
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
EXHIBIT:
Exhibit A – FY25 Warrant Register No. 10
PAYEE DESCRIPTION CHK NO DATE AMOUNT
Mayor and Council
Total for Department 0.00
Building/Planning
ACE UNIFORMS & ACCES BUILDING POLOS FOR J.SOLIS 371194 9/5/24 148.70 Total for Department 148.70
CAO
FOZI DWORK & MODAFFE LEGAL SERVICES /CAO 371212 9/5/24 13,738.35 Total for Department 13,738.35
City Clerk
Total for Department 0.00
CMO
NATIONAL CITY TROPHY BRIAN HADLEY NAMEBADGE 371223 9/5/24 13.97 Total for Department 13.97
Community Services/Nutrition/Library
NATIONAL RECREATION RFW NRPA MEMBERSHIP RENEWAL PRC#14097/CSD 371224 9/5/24 700.00 SYSCO SAN DIEGO INC FOOD/CONSUMABLES AS NEEDED FOR NUTRITION C 371245 9/5/24 43.99 SYSCO SAN DIEGO INC FOOD/CONSUMABLES AS NEEDED FOR NUTRITION C 371245 9/5/24 5,698.54 Total for Department 6,442.53
Engineering / PW's
A & A AUTO GLASS INC WINDSHIELD PD K9 VEH #280 FY25-PW/EQM 371193 9/5/24 490.63 ACME SAFETY & SUPPLY SAFETY VESTS FOR STREETS FY25-PW/STS 371195 9/5/24 275.84 ACME SAFETY & SUPPLY ROAD CLOSURE SIGNAGE FY25-PW/STS 371195 9/5/24 5,448.81 ANSER ADVISORY MANAG CIP 22-47 WASTEWATER RATE ANALYSIS 371197 9/5/24 4,900.00 ASSI SECURITY INC CITY WIDE SECURITY REPAIRS FY25-PW/FAC 371198 9/5/24 300.00 ASSI SECURITY INC CITY WIDE SECURITY REPAIRS FY25-PW/FAC 371198 9/5/24 300.00 ASSI SECURITY INC CITY WIDE SECURITY REPAIRS FY25-PW/FAC 371198 9/5/24 1,600.00 ASSI SECURITY INC CITY WIDE SECURITY REPAIRS FY25-PW/FAC 371198 9/5/24 1,150.00 ASSI SECURITY INC CITY WIDE SECURITY REPAIRS FY25-PW/FAC 371198 9/5/24 600.00 BOOT WORLD MOP 64096 WORK BOOTS FOR VICTOR ACOSTA FY25 371199 9/5/24 200.00 BOOT WORLD MOP 64096 WORK BOOTS FOR JOSE CASILLAS FY25-P 371199 9/5/24 165.60 BOOT WORLD MOP 64096 WORK BOOTS FOR OLEGARIO GARCIA FY 371199 9/5/24 195.73 BOOT WORLD MOP 64096 WORK BOOTS FOR DUSTIN ELLIS FY25-PW 371199 9/5/24 166.37 BOOT WORLD MOP 64096 WORK BOOTS FOR SABINO FLORES FY25- 371199 9/5/24 195.73 WARRANT REGISTER # 10
9/5/2024
1/8Page 508 of 520
PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 10
9/5/2024
BOOT WORLD MOP 64096 WORK BOOTS FOR MICHAEL JUDGE FY25 371199 9/5/24 185.94 BOOT WORLD MOP 64096 WORK BOOTS FOR FRANCISCO ORNELAS 371199 9/5/24 200.00 CALIFORNIA ELECTRIC MOP 45698 ELECTRIC SUPPLIES FY25-PW/FAC 371200 9/5/24 207.75 CHEN RYAN ASSOCIATES CIP 23-13 24TH ST TRANSIT CENTER 371203 9/5/24 21,355.00 CHEN RYAN ASSOCIATES NCP SWEETWATER RD. 371203 9/5/24 6,106.25 DANIELS TIRE SERVICE BPO: TIRES FOR CITY FLEET FY25-PW/EQM 371206 9/5/24 1,057.36 DANIELS TIRE SERVICE BPO: TIRES FOR CITY FLEET FY25-PW/EQM 371206 9/5/24 33.43 DANIELS TIRE SERVICE BPO: TIRES FOR CITY FLEET FY25-PW/EQM 371206 9/5/24 1,857.04 DANIELS TIRE SERVICE BPO: TIRES FOR CITY FLEET FY25-PW/EQM 371206 9/5/24 1,154.82 DANIELS TIRE SERVICE BPO: TIRES FOR CITY FLEET FY25-PW/EQM 371206 9/5/24 582.88 DANIELS TIRE SERVICE BPO: TIRES FOR CITY FLEET FY25-PW/EQM 371206 9/5/24 352.26 DANIELS TIRE SERVICE BPO: TIRES FOR CITY FLEET FY25-PW/EQM 371206 9/5/24 48.19 DANIELS TIRE SERVICE BPO: TIRES FOR CITY FLEET FY25-PW/EQM 371206 9/5/24 134.90 DANIELS TIRE SERVICE BPO: TIRES FOR CITY FLEET FY25-PW/EQM 371206 9/5/24 33.43 DANIELS TIRE SERVICE BPO: TIRES FOR CITY FLEET FY25-PW/EQM 371206 9/5/24 48.19 DANIELS TIRE SERVICE BPO: TIRES FOR CITY FLEET FY25-PW/EQM 371206 9/5/24 789.88 DANIELS TIRE SERVICE BPO: TIRES FOR CITY FLEET FY25-PW/EQM 371206 9/5/24 373.70 DANIELS TIRE SERVICE BPO: TIRES FOR CITY FLEET FY25-PW/EQM 371206 9/5/24 65.06 DANIELS TIRE SERVICE BPO: TIRES FOR CITY FLEET FY25-PW/EQM 371206 9/5/24 48.19 DANIELS TIRE SERVICE BPO: TIRES FOR CITY FLEET FY25-PW/EQM 371206 9/5/24 750.15 DANIELS TIRE SERVICE BPO: TIRES FOR CITY FLEET FY25-PW/EQM 371206 9/5/24 33.43 FERGUSON ENTERPRISES MOP 45723 BUILDING SUPPLIES FY25-PW/FAC 371210 9/5/24 348.38 FLEET SERVICES INC BRAKES PARTS FOR STR SWEEPER FY25-PW/EQM 371211 9/5/24 668.91 GEOSYNTEC CONSULTANT CIP 21-16 NCFD COMPLIANCE WORK 371213 9/5/24 2,432.05 GEOSYNTEC CONSULTANT CIP 24-99 CHANNEL VEGETATION REMOVAL 371213 9/5/24 24,129.09 GRAINGER MOP 65179 BUILDING SUPPLIES FY25-PW/STS 371214 9/5/24 93.92 GRAINGER MOP 65179 BUILDING SUPPLIES FY25-PW/STS 371214 9/5/24 37.96 GRAINGER MOP 65179 BUILDING SUPPLIES FY25-PW/STS 371214 9/5/24 50.60 GRAINGER MOP 65179 BUILDING SUPPLIES FY25-PW/STS 371214 9/5/24 98.42 GRAINGER MOP 65179 BUILDING SUPPLIES FY25-PW/FAC 371214 9/5/24 497.66 GRAINGER MOP 65179 BUILDING SUPPLIES FY25-PW/FAC 371214 9/5/24 363.15 GRAINGER MOP 65179 BUILDING SUPPLIES FY25-PW/FAC 371214 9/5/24 304.37 HAAKER EQUIPMENT COM NITROGEN CANISTERS FY25-PW/WW 371215 9/5/24 121.80 HASA INC CHEMICALS FOR MUNICIPAL POOL FY25-PW/FAC 371216 9/5/24 1,098.67 HASA INC CHEMICALS FOR MUNICIPAL POOL FY25-PW/FAC 371216 9/5/24 833.86 HASA INC CHEMICALS FOR MUNICIPAL POOL FY24-PW/FAC 371216 9/5/24 1,481.17 HASA INC CHEMICALS FOR MUNICIPAL POOL FY25-PW/FAC 371216 9/5/24 465.48 HOME DEPOT CREDIT SE MISC STREET SUPPLIES FOR FY25-PW/STS 371218 9/5/24 57.99 HOME DEPOT CREDIT SE MISC PARK MAINTENANCE SUPPLIES FOR FY25-PW/P 371218 9/5/24 88.58 HOME DEPOT CREDIT SE BPO: BUILDING MATERIAL SUPPLIES FOR FY25-PW/FA 371218 9/5/24 326.75 JJJ ENTERPRISES FIRE AND SECURITY ALARM MONITORING FY25-PW/F 371219 9/5/24 135.00 JJJ ENTERPRISES FIRE AND SECURITY ALARM MONITORING FY25-PW/F 371219 9/5/24 708.27 JJJ ENTERPRISES FIRE AND SECURITY ALARM MONITORING FY25-PW/F 371219 9/5/24 390.00 JJJ ENTERPRISES FIRE AND SECURITY ALARM MONITORING FY25-PW/F 371219 9/5/24 330.00 JJJ ENTERPRISES FIRE AND SECURITY ALARM MONITORING FY25-PW/F 371219 9/5/24 90.00 JJJ ENTERPRISES FIRE AND SECURITY ALARM MONITORING FY25-PW/F 371219 9/5/24 250.00 JJJ ENTERPRISES FIRE AND SECURITY ALARM MONITORING FY25-PW/F 371219 9/5/24 1,370.00 JJJ ENTERPRISES FIRE AND SECURITY ALARM MONITORING FY25-PW/F 371219 9/5/24 210.00 2/8Page 509 of 520
PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 10
9/5/2024
MJC CONSTRUCTION NC SIGN REMOVAL AND FOUNDATION DEMOLITION 371221 9/5/24 10,220.00 NATIONAL CITY CAR WA CAR WASH SERVICES FOR FLEET FY25-PW/EQM 371222 9/5/24 951.98 NERI LANDSCAPE ARCHI CIP 22-26 EL TOYON PARK PROP. 371225 9/5/24 3,000.00 NV5 INC NC PLAN CHECK MEETINGS AND COORDINATION 371226 9/5/24 226.60 NV5 INC PLAN CHECK SERVICES FOR SDGE UTILITY PERMITS 371226 9/5/24 4,157.76 NV5 INC PLAN CHECK SERVICES FOR SWEETWATER PIPELINE 371226 9/5/24 204.71 NV5 INC PLAN CHECK SERVICES FOR AT&T PERMITS 371226 9/5/24 1,979.61 NV5 INC ON-CALL PROJ SUPPORT SRVCS N AVE & E 24TH ST. 371226 9/5/24 224.02 PARTS AUTHORITY METR MOP 75943 AUTO SUPPLIES FY25-PW/EQM 371227 9/5/24 45.20 PARTS AUTHORITY METR MOP 75943 AUTO SUPPLIES FY25-PW/EQM 371227 9/5/24 36.17 PARTS AUTHORITY METR MOP 75943 AUTO SUPPLIES FY25-PW/EQM 371227 9/5/24 88.47 PARTS AUTHORITY METR MOP 75943 AUTO SUPPLIES FY25-PW/EQM 371228 9/5/24 36.17 PRECISION TEMPERATUR REFRIGERATION SERVICES / PD-PW'S 371229 9/5/24 375.00 PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SERVICES FY25-PW/PARKS 371230 9/5/24 115.66 PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SERVICES FY25-PW/PARKS 371230 9/5/24 107.16 PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SERVICE FY25-PW/WW 371230 9/5/24 65.08 PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SERVICES FY25-PW/STS 371230 9/5/24 542.00 PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SERVICES FY25-PW/EQM 371230 9/5/24 59.11 PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SERVICES FY25-PW/EQM 371230 9/5/24 59.11 PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SERVICES FY25-PW/FAC 371230 9/5/24 14.42 PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SERVICES FY25-PW/FAC 371230 9/5/24 45.11 RED WING BUSINESS SAFETY BOOTS FOR ESTEBAN ROJAS FY25-PW/STS 371232 9/5/24 200.00 S D COUNTY VECTOR CN MOSQUITO & VECTOR DISEASE CONTROL ASSESSMN 371233 9/5/24 929.20 SAN DIEGO HYDRAULICS MOP 85005 AUTO SUPPLIES FY25-PW/EQM 371234 9/5/24 378.88 SAN DIEGO HYDRAULICS MOP 85005 AUTO SUPPLIES FY25-PW/EQM 371234 9/5/24 71.29 SAN DIEGO HYDRAULICS MOP 85005 CREDIT FY25-PW/EQM 371234 9/5/24 -92.71 SAN DIEGO MECHANICAL PREVENTATIVE HVAC MAINTENANCE FY25-PW/FAC 371235 9/5/24 3,254.91 SAN DIEGO MECHANICAL PREVENTATIVE HVAC MAINTENANCE FY25-PW/FAC 371235 9/5/24 3,168.24 SAN DIEGO MECHANICAL PREVENTATIVE HVAC MAINTENANCE FY25-PW/FAC 371235 9/5/24 2,078.49 SAN DIEGO MECHANICAL PREVENTATIVE HVAC MAINTENANCE FY25-PW/FAC 371235 9/5/24 2,196.81 SAN DIEGO MECHANICAL PREVENTATIVE HVAC MAINTENANCE FY25-PW/FAC 371235 9/5/24 370.00 SAN DIEGO MECHANICAL PREVENTATIVE HVAC MAINTENANCE FY25-PW/FAC 371235 9/5/24 505.00 SAN DIEGO MECHANICAL PREVENTATIVE HVAC MAINTENANCE FY25-PW/FAC 371235 9/5/24 12,064.00 SAN DIEGO MECHANICAL PREVENTATIVE HVAC MAINTENANCE FY25-PW/FAC 371235 9/5/24 2,900.00 SEDANO FORD OF LM, I R&M CITY VEHICLES FY25-PW/EQM 371237 9/5/24 318.64 SITEONE LANDSCAPE SU LANDSCAPE SUPPLIES FY25-PW/PARKS 371238 9/5/24 554.37 SITEONE LANDSCAPE SU MOP 69277 LANDSCAPE SUPPLIES FY25-PW/PARKS 371238 9/5/24 417.15 SITEONE LANDSCAPE SU MOP 69277 LANDSCAPE SUPPLIES FY25-PW/PARKS 371238 9/5/24 357.52 SITEONE LANDSCAPE SU MOP 69277 LANDSCAPE SUPPLIES FY25-PW/PARKS 371238 9/5/24 76.34 SITEONE LANDSCAPE SU MOP 69277 LANDSCAPE SUPPLIES FY25-PW/PARKS 371238 9/5/24 29.67 SITEONE LANDSCAPE SU MOP 69277 LANDSCAPE SUPPLIES FY25-PW/PARKS 371238 9/5/24 196.19 SNAP-ON INDUSTRIAL VEHICLE SCANNER FY25-PW/EQM 371239 9/5/24 6,865.40 SNAP-ON INDUSTRIAL AC MACHINE FY25-PW/EQM 371239 9/5/24 12,346.57 SO CAL TRUCK STOP MOP 45758 DIESEL FY25-PW/EQM 371240 9/5/24 29.97 SO CAL TRUCK STOP MOP 45758 DIESEL FY25-PW/EQM 371240 9/5/24 108.16 SO CAL TRUCK STOP MOP 45758 PROPANE FY25-PW/EQM 371240 9/5/24 141.09 SO CAL TRUCK STOP MOP 45758 DIESEL FY25-PW/EQM 371240 9/5/24 119.84 SO CAL TRUCK STOP MOP 45758 PROPANE FY25-PW/EQM 371240 9/5/24 60.77 3/8Page 510 of 520
PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 10
9/5/2024
SO CAL TRUCK STOP MOP 45758 DIESEL FY25-PW/EQM 371240 9/5/24 100.80 SO CAL TRUCK STOP MOP 45758 DIESEL FY25-PW/EQM 371240 9/5/24 25.12 SO CAL TRUCK STOP MOP 45758 DIESEL AND PROPANE FY25-PW/EQM 371240 9/5/24 170.87 SO CAL TRUCK STOP MOP 45758 PROPANE FY25-PW/EQM 371240 9/5/24 142.67 SO CAL TRUCK STOP MOP 45758 DIESEL FY25-PW/EQM 371240 9/5/24 124.76 SO CAL TRUCK STOP MOP 45758 DIESEL FY25-PW/EQM 371240 9/5/24 124.76 SO CAL TRUCK STOP MOP 45758 DIESEL FY25-PW/EQM 371240 9/5/24 51.08 SONSRAY MACHINERY LL FLASHER/RELAY FOR STR BACKHOE FY25-PW/EQM 371241 9/5/24 159.44 SOUTHWEST SIGNAL SER INTERSECTION MAINTENANCE FY25-PW/STS 371242 9/5/24 4,206.83 SOUTHWEST SIGNAL SER INTERSECTION MAINTENANCE FY25-PW/STS 371242 9/5/24 6,898.48 SOUTHWEST SIGNAL SER INTERSECTION MAINTENANCE FY25-PW/STS 371242 9/5/24 5,587.83 SOUTHWEST SIGNAL SER INTERSECTION MAINTENANCE FY25-PW/STS 371242 9/5/24 5,400.00 STAPLES BUSINESS ADV MOP 45704 OFFICE SUPPLIES FY25-PW/ENG 371243 9/5/24 141.23 STAPLES BUSINESS ADV MOP 45704 OFFICE SUPPLIES FY25-PW/ENG 371243 9/5/24 32.78 SWEETWATER AUTHORITY WATER SERVICE FOR PARKS FOR JUN-AUG FY25-PW 371244 9/5/24 45.56 SWEETWATER AUTHORITY WATER SERVICE FOR PARKS FOR JUN-AUG FY25-PW 371244 9/5/24 45.56 SWEETWATER AUTHORITY WATER SERVICE FOR PARKS FOR JUN-AUG FY25-PW 371244 9/5/24 27.70 SWEETWATER AUTHORITY WATER SERVICE FOR PARKS FOR JUN-AUG FY25-PW 371244 9/5/24 540.97 SWEETWATER AUTHORITY WATER SERVICE FOR PARKS FOR JUN-AUG FY25-PW 371244 9/5/24 27.70 SWEETWATER AUTHORITY WATER SERVICE FOR PARKS FOR JUN-AUG FY25-PW 371244 9/5/24 901.42 SWEETWATER AUTHORITY WATER SERVICE FOR PARKS FOR JUN-AUG FY25-PW 371244 9/5/24 89.39 SWEETWATER AUTHORITY WATER SERVICE FOR PARKS FOR JUN-AUG FY25-PW 371244 9/5/24 45.56 SWEETWATER AUTHORITY WATER SERVICE FOR PARKS FOR JUN-AUG FY25-PW 371244 9/5/24 621.85 SWEETWATER AUTHORITY WATER SERVICE FOR PARKS FOR JUN-AUG FY25-PW 371244 9/5/24 27.70 SWEETWATER AUTHORITY WATER SERVICE FOR FACILITIES FEB-APR FY25-PW/ 371244 9/5/24 39.19 SWEETWATER AUTHORITY WATER SERVICE FOR FACILITIES JUN-AUG FY25-PW 371244 9/5/24 2,931.31 SWEETWATER AUTHORITY WATER SERVICE FOR FACILITIES JUN-AUG FY25-PW 371244 9/5/24 9,367.42 SWEETWATER AUTHORITY WATER SERVICE FOR FACILITIES JUN-AUG FY25-PW 371244 9/5/24 4,346.71 SWEETWATER AUTHORITY WATER SERVICE FOR FACILITIES JUN-AUG FY25-PW/ 371244 9/5/24 3,187.43 SWEETWATER AUTHORITY WATER SERVICE FOR FACILITIES JUN-AUG FY25-PW 371244 9/5/24 5,492.51 SWEETWATER AUTHORITY WATER SERVICE FOR FACILITIES JUN-AUG FY25-PW 371244 9/5/24 403.15 SWEETWATER AUTHORITY WATER SERVICE FOR FACILITIES JUN-AUG FY25-PW 371244 9/5/24 9,184.85 SWEETWATER AUTHORITY WATER SERVICE FOR FACILITIES JUN-AUG FY25-PW 371244 9/5/24 734.07 SWEETWATER AUTHORITY WATER SERVICE FOR FACILITIES JUN-AUG FY25-PW 371244 9/5/24 71.11 SWEETWATER AUTHORITY WATER SERVICE FOR FACILITIES JUN-AUG FY25-PW 371244 9/5/24 153.77 SWEETWATER AUTHORITY WATER SERVICE FOR FACILITIES JUN-AUG FY25-PW 371244 9/5/24 39.19 SWEETWATER AUTHORITY WATER SERVICE FOR FACILITIES FEB-APR FY25-PW/ 371244 9/5/24 133.55 THE LLOYD PEST CONTR CITY WIDE PEST CONTROL FY25-PW/FAC 371246 9/5/24 53.00 THE LLOYD PEST CONTR CITY WIDE PEST CONTROL FY25-PW/FAC 371246 9/5/24 52.00 THE LLOYD PEST CONTR CITY WIDE PEST CONTROL FY25-PW/FAC 371246 9/5/24 48.00 THE LLOYD PEST CONTR CITY WIDE PEST CONTROL FY25-PW/FAC 371246 9/5/24 72.00 THE LLOYD PEST CONTR CITY WIDE PEST CONTROL FY25-PW/FAC 371246 9/5/24 48.00 THE LLOYD PEST CONTR CITY WIDE PEST CONTROL FY25-PW/FAC 371246 9/5/24 52.00 THE LLOYD PEST CONTR CITY WIDE PEST CONTROL FY25-PW/FAC 371246 9/5/24 52.00 THE LLOYD PEST CONTR CITY WIDE PEST CONTROL FY25-PW/FAC 371246 9/5/24 114.00 THE LLOYD PEST CONTR CITY WIDE PEST CONTROL FY25-PW/FAC 371246 9/5/24 132.00 THE LLOYD PEST CONTR CITY WIDE PEST CONTROL FY25-PW/FAC 371246 9/5/24 46.00 THE LLOYD PEST CONTR CITY WIDE PEST CONTROL FY25-PW/FAC 371246 9/5/24 79.00 4/8Page 511 of 520
PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 10
9/5/2024
THE LLOYD PEST CONTR CITY WIDE PEST CONTROL FY25-PW/FAC 371246 9/5/24 318.00 THE LLOYD PEST CONTR CITY WIDE PEST CONTROL FY25-PW/FAC 371246 9/5/24 105.00 THE LLOYD PEST CONTR CITY WIDE PEST CONTROL FY25-PW/FAC 371246 9/5/24 105.00 THE LLOYD PEST CONTR CITY WIDE PEST CONTROL FY25-PW/FAC 371246 9/5/24 48.00 THE LLOYD PEST CONTR CITY WIDE PEST CONTROL FY25-PW/FAC 371246 9/5/24 46.00 VALLEY INDUSTRIAL SP MOP 46453 BUILDING SUPPLIES FY25-PWFAC 371248 9/5/24 415.86 VELOCITY TRUCK CENTE ENGINE AND TRANSMISSION PARTS FOR FY25-PW/EQ 371249 9/5/24 82.64 WAXIE SANITARY SUPPL BPO: JANITORIAL SUPPLIES FY25-PW/FAC 371251 9/5/24 4,734.86 WETMORES MOP 80333 AUTO SUPPLIES FY25-PW/EQM 371252 9/5/24 422.19 WETMORES MOP 80333 AUTO SUPPLIES FY25-PW/EQM 371252 9/5/24 224.70 WETMORES DEF FOR DIESEL VEHICLES FY25-PW/EQM 371252 9/5/24 1,143.18 WETMORES DRIVELINE FOR STREET SWEEPER #049-PW/EQM 371252 9/5/24 561.74 WILLY'S ELECTRONIC S MOP 45763 ELECTRIC SUPPLIES FY25-PW/PARKS 371253 9/5/24 132.98 WILLY'S ELECTRONIC S MOP 45763 ELECTRIC SUPPLIE FY25-PW/FAC 371253 9/5/24 81.56 Total for Department 231,381.80
Finance
BAVENCOFF JR, DAVID RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371110 9/5/24 500.00 BEARD, PATRICIA RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371111 9/5/24 70.00 BEVERIDGE, MARK RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371112 9/5/24 640.00 BISHOP, RANDY RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371113 9/5/24 110.00 BOEGLER, CRAIG RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371114 9/5/24 260.00 BULL, PARRIS RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371115 9/5/24 580.00 CAMEON, CHRISTOPHER RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371116 9/5/24 400.00 CANEDO, RAMON RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371117 9/5/24 620.00 CASTELLANOS, DAVID RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371118 9/5/24 500.00 CESNAUSKAS, STEVEN RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371119 9/5/24 400.00 CHELIUS, ANGELA RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371120 9/5/24 460.00 COLE, LYNN RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371121 9/5/24 165.00 COLLINSON, CURTIS RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371122 9/5/24 420.00 CONDON, DONALD RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371123 9/5/24 280.00 CORDERO, ESTELA RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371124 9/5/24 520.00 DALLA, MICHAEL RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371125 9/5/24 900.00 DANESHFAR, ZIA-E-DIN RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371126 9/5/24 250.00 DEESE, LESLIE RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371127 9/5/24 660.00 DESROCHERS, PAUL RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371128 9/5/24 110.00 DIAZ, MIGUEL RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371129 9/5/24 680.00 DREDGE, JAMES RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371130 9/5/24 250.00 DUONG, MINH RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371131 9/5/24 280.00 EISER III, GEORGE RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371132 9/5/24 250.00 ESPIRITU, DAVID RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371133 9/5/24 620.00 ETZLER, JEFFREY RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371134 9/5/24 460.00 FABINSKI, DANIEL RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371135 9/5/24 220.00 FELIX, YOLANDA RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371136 9/5/24 400.00 FIFIELD, KEITH RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371137 9/5/24 540.00 GAUT, ANTHONY RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371138 9/5/24 700.00 GIBBS JR, ROBERT RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371139 9/5/24 120.00 5/8Page 512 of 520
PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 10
9/5/2024
GONZALES, MANUEL RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371140 9/5/24 480.00 GONZALEZ, BEATRICE RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371141 9/5/24 680.00 GONZALEZ, WILLIAM RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371142 9/5/24 660.00 HARLAN, MICHAEL RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371143 9/5/24 500.00 HERNANDEZ, JUDITH RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371144 9/5/24 680.00 HERNANDEZ, RICK RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371145 9/5/24 400.00 HODGES, BRENDA RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371146 9/5/24 200.00 IBARRA, JOE RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371147 9/5/24 780.00 JASMUND, DONALD RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371148 9/5/24 680.00 JONES, ANGIL RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371149 9/5/24 60.00 JONES, DEREK RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371150 9/5/24 480.00 JUNIEL, RODERICK RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371151 9/5/24 50.00 KIMBLE, RANDY RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371152 9/5/24 300.00 KLOS, FRANK RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371153 9/5/24 480.00 LAFRENIERE, MICHAEL RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371154 9/5/24 660.00 LIMFUECO, MARIA TERE RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371155 9/5/24 160.00 MATIENZO, MARIA RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371156 9/5/24 100.00 MCCABE, TOM RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371157 9/5/24 280.00 MCDANIEL, PATRICK RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371158 9/5/24 290.00 MEEKS, JEFFREY RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371159 9/5/24 460.00 MUNOZ, LILIA RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371160 9/5/24 640.00 NAGLE, DANIEL RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371161 9/5/24 460.00 NOTEWARE, DAVID RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371162 9/5/24 120.00 OLIVERIA, HERMINIO RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371163 9/5/24 360.00 PARRA, FRANCISCO RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371164 9/5/24 400.00 PAUU JR, PENU RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371165 9/5/24 340.00 PE, RAY RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371166 9/5/24 300.00 PEASE JR, DAVID RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371167 9/5/24 140.00 POST, ROGER RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371168 9/5/24 280.00 RAY, STEVEN RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371169 9/5/24 190.00 REDIKOP, BRIAN RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371170 9/5/24 400.00 RIOS, RAMONA RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371171 9/5/24 240.00 ROARK, LANNY RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371172 9/5/24 135.00 RODRIGUEZ, MANUEL RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371173 9/5/24 260.00 ROUSTON, JEFFREY RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371174 9/5/24 660.00 RUIZ, JAMES RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371175 9/5/24 310.00 SAINZ, JOSE LUIS RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371176 9/5/24 300.00 SERVATIUS, JEFFREY RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371177 9/5/24 340.00 SEWARD, GREGORY RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371178 9/5/24 520.00 SHEPHARD, STEVE RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371179 9/5/24 440.00 SHOEMAKER, MICHAEL RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371180 9/5/24 480.00 SILVA, LARRY RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371181 9/5/24 580.00 SMITH, JOE RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371182 9/5/24 320.00 SMITH, MATTHEW RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371183 9/5/24 560.00 STANICH, COLLEEN RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371184 9/5/24 400.00 TELLEZ, JOSE RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371185 9/5/24 700.00 TIPTON, BARBARA RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371186 9/5/24 250.00 UNGAB, STELLA RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371187 9/5/24 600.00 6/8Page 513 of 520
PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 10
9/5/2024
VILLAGOMEZ, JULIAN RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371188 9/5/24 480.00 VILLARIASA, STEVEN RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371189 9/5/24 480.00 WILKINS, THOMAS RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371190 9/5/24 520.00 YBARRA, ALFREDO RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371191 9/5/24 220.00 YOUNG, GRAHAM RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371192 9/5/24 560.00 CITY OF NATIONAL CIT PETTY CASH REPLENISHMENT FOR PERIOD 7/1/24-7/3 371204 9/5/24 10.72 CITY OF NATIONAL CIT PETTY CASH REPLENISHMENT FOR PERIOD 7/1/24-7/3 371204 9/5/24 46.93 CITY OF NATIONAL CIT PETTY CASH REPLENISHMENT FOR PERIOD 7/1/24-7/3 371204 9/5/24 39.50 CITY OF NATIONAL CIT PETTY CASH REPLENISHMENT FOR PERIOD 7/1/24-7/3 371204 9/5/24 25.00 FEDEX ACFR TABS AND BOOK COVER FY END 6/30/23 371209 9/5/24 212.05 HDL COREN & CONE 2023-24 ACFR STATISTICAL PACKAGE 371217 9/5/24 695.00 KAISER FOUNDATION HE OCTOBER 2024 - GROUP #104220 KAISER INS ACTIVE 371220 9/5/24 34,403.02 KAISER FOUNDATION HE OCTOBER 2024 - GROUP #104220 KAISER INS ACTIVE 371220 9/5/24 200,018.81 VISION SERVICE PLAN SEPTEMBER 2024 - VISION SERVICE PLAN (CA) 371250 9/5/24 1,640.15 Total for Department 270,821.18
Fire
AMAZON VIVITAR SLIDE PROJECTOR 371196 9/5/24 220.65
Total for Department 220.65
Housing / Sec 8
CARPENTER REAL ESTAT APPRAISAL FOR 1845 E AVE. 371201 9/5/24 2,950.00 Total for Department 2,950.00
Human Resources
Total for Department 0.00
MIS
CDWG INGENICO DESK/ 3500 CREDIT CARD READER 371202 9/5/24 890.34 CORELOGIC SOLUTIONS REALQUEST PROPERTY PORTAL FY25 371205 9/5/24 5,728.92 Total for Department 6,619.26
NSD
DATA TICKET INC PARKING CITATION PROCESSING SERVICES, 371207 9/5/24 2,065.00 DATA TICKET INC ELECTRONIC PERMIT CITATION SYSTEM&PARKING S 371208 9/5/24 2,269.00 PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SVC 371230 9/5/24 52.91 THE SHERWIN WILLIAMS MOP 77816 PAINT SUPPLIES 371247 9/5/24 381.28 THE SHERWIN WILLIAMS MOP 77816 PAINT SUPPLIES 371247 9/5/24 239.25 Total for Department 5,007.44
Police
7/8Page 514 of 520
PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 10
9/5/2024
PVP COMMUNICATIONS MOTOR HELMETS / PD 371231 9/5/24 4,106.40 PVP COMMUNICATIONS MOTOR HELMETS / PD 371231 9/5/24 5,733.30 SAN DIEGO POLICE EQU 223 AMMO / PD 371236 9/5/24 2,894.99 SAN DIEGO POLICE EQU 12GA AMMO / PD 371236 9/5/24 700.29 SAN DIEGO POLICE EQU BALLISTIC VESTS / PD 371236 9/5/24 884.34 SAN DIEGO POLICE EQU BALLISTIC VESTS / PD 371236 9/5/24 1,356.31 SAN DIEGO POLICE EQU BALLISTIC VESTS / PD 371236 9/5/24 4,142.29 Total for Department 19,817.92
Risk
Total for Department 0.00
A/P Total 557,161.80
PAYROLL
Pay period Start Date End Date Check Date
18 8/6/2024 8/19/2024 8/28/2024 1,575,481.51
WIRED PAYMENTS
Engineering / PW's
ARCO BUSINESS SOLUTI FUEL FOR CITY FLEET AUG FY25-PW/EQM 242480085 9/4/24 43,995.46 Housing / Sec 8
UNION TOWER ONE LP UNION TOWER CONSTRUCTION DRAW REQUEST #2 172 9/5/24 981,282.55 SECTION 8 HAPS Start Date End Date
9/3/2024 9/3/2024 1,479,192.47
GRAND TOTAL 4,637,113.79
8/8Page 515 of 520
AGENDA REPORT
Department: Planning
Prepared by: Martin Reeder, AICP – Asst. Director of Community Development Meeting Date: Tuesday, October 15, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
Amendment of Chapter 18.29 of the National City Municipal Code to Add Regulations for the Mixed-Use Overlay Zone.
RECOMMENDATION:
Introduce the Ordinance
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
On August 21, 2023, the Planning Commission Recommended that the C ity Council Adopt the Ordinance Amending Title 18 of the Municipal Code.
EXPLANATION:
The Focused General Plan Update adopted in June of this year included a new zoning overlay district (Mixed-Use Overlay), which applies to the area around East 17th Street and on Roosevelt Avenue west of the Mile of Cars District (see attached Exhibit A). As part of the adoption of amendments to Title 18 of the Municipal Code, a new chapter was created, reviewed, and vetted by staff that included the regulations for the Mixed-Use Overlay. However, it was not included in the final agenda packet that went to the City Council this year due to a clerical error. The City Council initiated this follow-up Code amendment so that the new chapter can be added to the Zoning Code as originally intended. The initiation occurred on September 17, 2024. The draft language is attached as Exhibit B.
FINANCIAL STATEMENT:
Not applicable
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Housing and Community Development
ENVIRONMENTAL REVIEW:
A Final Supplemental Program Environmental Impact Report and Mitigation Monitoring and Reporting Program for the City of National City Focused General Plan Update was approved at the March 19, 2024 Council meeting.
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:
First Reading
EXHIBITS:
Exhibit A – Mixed-Use Overlay Area
Exhibit B – Proposed NCMC Chapter 18.29.080
Exhibit C – Ordinance
18.29.080 Mixed‐use overlay zone (MU).
A. Purpose. The purpose of the MU overlay zone is to facilitate progress towards an integrated land use pattern where housing is well‐supported by services and amenities and create a better transition over time to surrounding residential neighborhoods. This overlay allows a combination of uses, which may include residential, commercial, office, industrial, institutional, or recreational uses.
B. Applicability. When any property bears on the zoning map of the city, in addition to its zone designation, the symbol MU, the provisions of this section shall apply.
C. Permitted Uses.
1. The uses permitted in the MU overlay zone are listed in Appe ndix A of the Westside Specific Plan.
D. Development Standards.
1. The development standards esta blished in Section 18.23.030 for the MCR‐1 zone shall apply to the MU overlay zone.
DRAFT
ORDINANCE NO. 2024 –
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA AMENDING CHAPTER 18.29 OF THE NATIONAL CITY MUNICIPAL CODE TO A DD REGULATIONS FOR THE MIXED-USE OVERLAY ZONE.
WHEREAS, the City of National City (the “City”), pursuant to the police powers delegated to it by the California Constitution, has the authority to enact or amend laws which promote the public health, safety, and general welfare of its residents; and WHEREAS, pursuant to the terms and provisions of the Government Code of the State of California, proceedings were duly initiated for the amendment of the National City Municipal Code; and
WHEREAS, staff is recommending that Chapter 18.2 9 be amended by adding Section
18.29.080 Mixed-Use Overlay Zone (MU) for consistency with the zoning map that was adopted as part of the General Plan Update that was adopted on May 7, 2024; and WHEREAS, pursuant to a published 10 -day notice of the adoption of said ordinance, a public hearing was held by the City Council on October 15, 2024, and at said public hearing, all persons interested were given the opportunity to appear and be heard before the City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIO NAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1: The City Council of National City hereby amends Section 18.29 (Overlay Zones) by adding the following section:
Chapter 18.29.080 Mixed-use overlay zone (MU).
A. Purpose. The purpose of the MU overlay zone is to facilitate progress towards an integrated land use pattern where housing is well ‐supported by services and amenities and create a better transition over time to surrounding residential neighborho ods. This overlay allows a combination of uses, which may include residential, commercial, office, industrial, institutional, or recreational uses.
B. Applicability. When any property bears on the zoning map of the city, in addition to its zone designation, the symbol MU, the provisions of this section shall apply.
C. Permitted Uses.
1. The uses permitted in the MU overlay zone are listed in Appendix A of the Westside Specific Plan.
D. Development Standards.
2 of 2
1. The development standards established in Section 18.23.030 fo r the MCR ‐1 zone shall apply to the MU overlay zone.
Section 2: This Ordinance shall take effect and be in force thirty (30) days from the date of its passage, and before the expiration of fifteen (15) days after its passage, it or a summary of it, shall be published once, with the names of the members of the City Council voting for and against the same in the Star News, a newspaper of general circulation published in the County of San Diego, California
Section 3: The City Clerk shall certify to the adopt ion of this Ordinance and shall publish in accordance with the law.
INTRODUCTED at the regular meeting of the City Council of the City of National City, held on this 15th day of October, 2024.
PASSED and ADOPTED this _____ day of ________, 2024.
__________________________
Ron Morrison, Mayor
ATTEST:
_____________________________
Shelley Chapel, City Clerk
APPROVED AS TO FORM:
_____________________________
Barry J. Schultz, City Attorney