Written Public Comment - Item 5.3 — National City City Council, April 15, 2025

1 Interim Report II:

Missing Public Records
in Connection with
Orange Street and
Sweetwater Road Project
(Sweetwater Gasoline Station)

BY AGUIRRE & SEVERSON, LLP

ATTORNEYS AT LAW
APRIL 15, 2025
Closed Session - Item 5.3
2 I. Purpose of the Report
In this Interim Report, we identify no less than eleven instances in which it is more likely than not records were created, but not produced, relating to the Project the City’s Planning Commission determined was materially defective.

The Sweetwater Road Gasoline Project, actively supported by Mayor Morrison, would be a public health nuisance and injurious to public safety, persons, property and improvements in the vicinity because it consists of six inconsistent uses:

1. A 12-pump gasoline service station open 24 hours a day;

2. An off-sale alcohol convenience store open 20 hours a day;

3. A 900-square-foot drive-through automated car wash open 15 hours a day;

4. A 1,028-square-foot drive-through eating place open 24 hours a day;

5. A 5,032-square-foot basement for unknown uses; and

6. Five residential units totaling 9,900 square feet.

II. The Missing Records Needed to Show How the Morrison-Backed Project Came to Be
Missing Records #1: January 18 – April 22, 2024
January 18, 2024
Martin Reeder: We have performed a cursory review of the proposal and have concerns related to the standards of Section 18.30.190 and Chapter 18.24 of the LUC.

January 24, 2024
Michael Kinoshita, Principal / President MKA Inc. Architecture & Planning, to Martin Reeder and David Welch: Thank you for taking the time to meet with us to discuss this project. Attached is a PDF set of the plans we presented today.

January 30, 2024
Martin Reeder to David Welch: I spoke to Ashlin (City Attorney) . . . she also had concerns about the previous CEQA review covering the new project. I let her know that we would need to go back over it, particularly with regard to traffic, but she is of the mind that a new CEQA analysis may be needed.
3 April 22, 2024
From: Joseph Brikho
To: [email protected]; [email protected]; Josie Flores-Clark - NC Mayors Office
Cc: Eddy Brikho
Subject: Brikho Projects - National City
Date: Monday, April 22, 2024 3:11:51 PM
Attachments: 2305 BRIKHO CUP SUBMITTAL SET 4-19-24.pdf
PTL Highlands FS-1.0 EQUIP 12Oct2023.pdf
How are you? We look forward to seeing all of you this Wednesday to discuss our upcoming projects. Please see the attachments of our upcoming projects that we will be discussing with you guys. I appreciate all of your help in advance.

Thank you,
Joseph Brikho

1. WHERE ARE THE RECORDS?
Missing Documents #2: May 29 – May 30, 2024
May 29, 2024
David Welch to Adeeb Brikho:

Staff is unable to make a determination on the level of environmental clearance that will be required for this project under the California Environmental Quality Act without further information. A traffic analysis is needed for the project. Queueing analysis should include the car wash. Response owner will provide updated traffic analysis once criteria is determined by National City.

May 30, 2024
From: Eddy Brikho
To: [email protected]
Cc: Joseph Brikho
Subject: Fw: 2024-08 CUP Incomplete Letter
Date: Thursday, May 30, 2024 4:43:43 PM
Attachments: Sweetwater Authority Comments CUP 2024-08.pdf image001.png

2. WHERE ARE THE RECORDS?
4 Missing Documents #3: August 6 – August 15, 2024
August 6, 2024
Adeeb Brikho
Subject: Case File No. 2024-08 CUP 2311 Sweetwater Road, 3320-3336

1. Staff is unable to make a determination on the level of environmental clearance that will be required for this project under the California Environmental Quality Act without further information.

Note: A CEQA In-Fill Exemption requires a determination the project “would not result in any significant effects relating to traffic, noise, air quality, or water quality. A traffic analysis is needed for the project. Queueing analysis should include the car wash.” August 15, 2024
From: Eddy Brikho
To: Josie Flores-Clark - NC Mayors Office
Subject: Fw: 2024-08 CUP - Response Letter and Updated Drawings Date: Thursday, August 15, 2024 11:30:19 AM
Attachments: 2024-08 CUP Incomplete Letter RESPONSE 8-15-24.pdf BRIKHO progress set 8-15-24.pdf

3. WHERE ARE THE RECORDS?
5 Missing Documents #4: August 22 – October 9, 2024
August 22, 2024
October 9, 2024
From: josephbrikho
To: Josie Flores-Clark - NC Mayors Office; Eddy Brikho
Subject: 2311 Sweetwater Road CUP Applications
Date: Wednesday, October 9, 2024 8:57:17 AM
Attachments: image001.png
**
Please see the responses below.

Thank you,
Joseph Brikho
6 -------- Original message --------
From: David Welch <[email protected]>
Date: 10/9/24 8:30 AM (GMT-08:00)
To: Thomas Morgan
Cc: Eddy Brikho >, Joseph Brikho >, Martin
Reeder <[email protected]>
Subject: RE: 2311 Sweetwater Road CUP Applications
Good Morning Tom,
Reviewing my notes, there would be a need for three variances without further modifications to the development plan: . . .

Along with a Planning submittal for a variance request, we would need to have justifications for the requested variances. I recommend reviewing the required finding for variances in Section

18.12.120.E for guidance on what information is needed in a justification. **

4. WHERE ARE THE RECORDS?
7 Missing Documents #5: October 16 – October 23, 2024
October 16, 2024
October 21, 2024
8 5. WHERE ARE THE RECORDS?
Missing Documents #6: October 24, 2024
October 24, 2024
From: Joseph Brikho
To: Josie Flores-Clark - NC Mayors Office
Cc: Eddy Brikho
Subject: Fw: Brikho Sweetwater Site Plan Update
Date: Thursday, October 24, 2024 3:31:13 PM
Attachments: brikho Site Plan, 1ST FLR PLAN, LS PLAN 10-24-24 CITY RESUBMITTAL.pdf Thank you,
Joseph Brikho

6. WHERE ARE THE RECORDS?
9 Missing Documents #7: October 24 - November 7, 2024
October 29, 2024
On Oct 29, 2024, at 4:27 PM, David Welch <[email protected]> wrote:

Good Morning Tom,
The deadline for sending public notices for the November 18th meeting is next Wednesday. I will let you know if this item will be on the 18th on or before that date, but I am hopeful that I can be ready.

Thank you,
David Welch
November 6, 2024
Sent: Wednesday, November 6, 2024 at 02:20:18 PM PST
Subject: RE: CUP/Variance Applications for Highland Avenue Property Investments -2311 Sweetwater Road
Hi Joseph,
We are working on sending notices for the 18th this week. If I have any questions that come up while writing the staff report I will let you know.

Thank you,
David Welch
November 7, 2024
From: Joseph Brikho
To: Josie Flores-Clark - NC Mayors Office
Cc: Eddy Brikho
Subject: Fw: CUP/Variance Applications for Highland Avenue Property Investments -2311 Sweetwater Road
Date: Thursday, November 7, 2024 9:58:36 AM
Attachments: image001.png
**
Hello,
Please see the email below. I just wanted to update you!! Thank you,
Joseph Brikho

7. WHERE ARE THE RECORDS?
10 Missing Documents #8: November 18 - November 21, 2024 November 18, 2024
Staff recommendation: Approve
November 21, 2024
From: Thomas Morgan
To: David Welch
Cc: Eddy Brikho; Joseph Brikho; Michael Kinoshita; Erik Faucett; Martin Reeder Subject: 2311 Sweetwater Road CUP Applications November 18th Planning Commission Meeting
Date: Thursday, November 21, 2024 11:18:03 AM
**
Hi again David:

Thanks for reaching out to me earlier today. I think that due to the fact I am on vacation, coupled with the importance of your observations of the community members’ registered concerns about Highland Avenue Properties’ CUP Applications, that you should contact both Eddy Brikho and Joseph Brikho to discuss those concerns, and your recommended ideas for their presentation at the December 2nd Planning Commission meeting.

Eddy Brikho -
Joseph Brikho
I will return to work on Tuesday the 26th and be available to be of what ever assistance is helpful.

Best regards,
Tom L. Thomas
11 CONTINUED PUBLIC HEARINGS

3. Determination that the project is categorically exempt from the California Environmental Quality Act (CEQA) under Class 32 of the CEQA guidelines Section 15332 (Infill-Development Projects) and Conditional Use Permit for a Proposed Development compromised of a new service station, convenience store with request for off-sale alcohol (ABC Type-21), drivethrough car wash, drive-through eating place, and five residential units with Zone Variance request related to maximum driveway width, minimum street wall, and the location of parking spaces, to be located on vacant properties on the north side of Sweetwater Road between Olive Street and Orange Street. Case File No.: 2024-08 CUP APNS: 563-252-12-00, 563-252-13-00, 563-252-14-00, and 5633-252-23-00.

8. WHERE ARE THE RECORDS?
Missing Documents #9: December 4 – December 6, 2024
December 4, 2024
From: Janel Pehau
Sent: Wednesday, December 4, 2024 6:41 PM
To: David Welch <[email protected]>; Carlos Aguirre <[email protected]>; Martin Reeder <[email protected]> Cc: Shelley Chapel <[email protected]>
Subject: Agenda item‐ Notice of Decision ‐ PC Denial of CUP Hi Everyone,
I’m reviewing the subject agenda item and it’s not clear to me whether staff is still recommending approval of the project. Or is the PC’s decision final in such cases? It seems that the explanation should provide information on next steps for the applicant or the CC if there are any. Sorry for my lack of knowledge in this arena.

Thanks, Janel
Financial Analyst Administrative Services – Finance City of National City 12 December 5, 2024
Text message group chat between The Mayor, The Mayor’s team, City Manager, and the Brikhos:

December 6, 2024
From: Martin Reeder
Sent: Friday, December 6, 2024 8:43 PM
To:

Subject: Re: Sweetwater Gas Station project
Good evening Mica,
My apologies for not emailing you yesterday. The day got away from me. I wanted to let you know what the next steps/options are for the Sweetwater Gas Station project ("Project"). ** However, I am expecting the applicant to file an appeal the day after the Council meeting regardless of what happens.

9. WHERE ARE THE RECORDS?
13 Missing Documents #10: December 10, 2024
DECEMBER 10, 2024
CERTIFICATION:

THIS CERTIFIES THAT THE RESOLUTION WAS ADOPTED BY THE PLANNING COMMISSION AT THEIR MEETING OF DECEMBER 2, 2024, BY THE FOLLOWING VOTE:

AYES:

NAYS:

ABSENT:

ABSTAIN:
________________________

CHAIRPERSON

10. WHERE ARE THE RECORDS?
Missing Documents #11: December 10, 2024
December 10, 2024
14 December 10, 2024
From: Joseph Brikho [mailto:

Sent: Tuesday, December 10, 2024 1:55 PM
To: Martin Reeder <[email protected]>
Cc: Eddy Brikho >; Carlos Aguirre <[email protected]>; Michael Kinoshita >; Erik Faucett >;
Morgan Thomas >
Subject: Sweetwater Gas Station - withdrawal application **
Martian [sic], how are you? We would like to withdraw our current application for CUP on the development at the corner of Sweetwater and Orange. We will place it on hold for now to revise the project and come back to meet with the City staff to see how we can find a project that will work for that intersection. Thank everybody at the city for all their hard work on this project and we look forward to finding a path forward to get something built there.

Thank you, Joseph Brikho

License#01434636

11. WHERE ARE THE RECORDS?
EXHIBIT 1

Martin, Please see the attachments.

Eddy Brikho

From: Joseph Brikho
To: [email protected]; [email protected]; Josie Flores-Clark - NC Mayors Office Cc: Eddy Brikho
Subject: Brikho Projects - National City
Date: Monday, April 22, 2024 3:11:51 PM
Attachments: 2305 BRIKHO CUP SUBMITTAL SET 4-19-24.pdf
PTL Highlands FS-1.0 EQUIP 12Oct2023.pdf
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.

How are you? We look forward to seeing all of you this Wednesday to discuss our upcoming projects.

Please see the attachments of our upcoming projects that we will be discussing with you guys. I appreciate all of your help in advance.

Thank you,
License#01434636
EXHIBIT 2

From: Eddy Brikho
To: [email protected]
Cc: Joseph Brikho
Subject: Fw: 2024-08 CUP Incomplete Letter
Date: Thursday, May 30, 2024 4:43:43 PM
Attachments: Sweetwater Authority Comments CUP 2024-08.pdf image001.png
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.

Yahoo Mail: Search, Organize, Conquer
----- Forwarded Message -----
From: "David Welch" <[email protected]>
To: "Eddy Brikho"
Cc: "Thomas Morgan"
Sent: Thu, May 30, 2024 at 4:33 PM
Subject: RE: 2024-08 CUP Incomplete Letter
We also received the Sweetwater Authority comments today. Please see attached.

From: David Welch
Sent: Thursday, May 30, 2024 3:15 PM
To: 'Eddy Brikho'
Cc: 'Thomas Morgan'
Subject: RE: 2024-08 CUP Incomplete Letter
Good Afternoon,
The only additional comments I received from Engineering were:

1. An updated traffic study is required

2. The plans shall show the proposed driveway aprons with the following dimensions; a. Centerline distance from nearest property line
b. Width of driveway apron (minimum width of any driveway is twelve feet (12’))
c. Distance between the driveway aprons.

Thank you,
David Welch
Associate Planner
City of National City
1243 National City Boulevard
National City, CA 91950
Office: (619) 336-4224
Fax: (619) 336-4321
City Hall Hours: M-Th 7a-6p
From: David Welch
Sent: Wednesday, May 29, 2024 5:41 PM
To: Eddy Brikho ' Cc: 'Thomas Morgan' >
Subject: 2024-08 CUP Incomplete Letter
Good Afternoon,
The Planning Division has reviewed your application for a Conditional Use Permit for a service station and related uses and deemed your application incomplete. Please see the attached letter and let me know if you have any questions. Comment letters are forthcoming from our Building Division and Engineering and Fire Departments. We also anticipate receiving a comment letter from Sweetwater Authority. I will forward all comments as soon as they are received, which should be within one week. Furthermore, I have attached the comments already provided by SDG&E.

Sincerely,
David Welch
Associate Planner
City of National City
1243 National City Boulevard
National City, CA 91950
Office: (619) 336-4224
Fax: (619) 336-4321
City Hall Hours: M-Th 7a-6p
EXHIBIT 3

From: Eddy Brikho
To: Josie Flores-Clark - NC Mayors Office
Subject: Fw: 2024-08 CUP - Response Letter and Updated Drawings Date: Thursday, August 15, 2024 11:30:19 AM
Attachments: 2024-08 CUP Incomplete Letter RESPONSE 8-15-24.pdf BRIKHO progress set 8-15-24.pdf
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.

Eddy Brikho| President| Mobil/Valero Petroleum
Eddy Brikho
----- Forwarded Message -----
From: Michael Kinoshita
To: Eddy Brikho ; Joseph Brikho >; Thomas Morgan
Sent: Thursday, August 15, 2024 at 10:33:43 AM PDT
Subject: 2024-08 CUP - Response Letter and Updated Drawings Eddy, Joseph, Tom,
Attached are the updated drawings and response letter per our telephone conversation earlier this week.

I am updating the renderings to show the additional glass along the south elevation but for this response, I do not feel it should not affect the City’s response as the Exterior Elevations, Sheet A2.2 addresses their concern.

Please let me know if you have any questions or comments.

Thank you.

Michael Kinoshita
Principal / President
MKA Inc. Architecture & Planning
EXHIBIT 4

From: josephbrikho
To: Josie Flores-Clark - NC Mayors Office; Eddy Brikho
Subject: 2311 Sweetwater Road CUP Applications
Date: Wednesday, October 9, 2024 8:57:17 AM
Attachments: image001.png
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.

Please see the responses below.

Thank you,
Joseph Brikho
License#01434636
-------- Original message --------
From: David Welch <[email protected]>
Date: 10/9/24 8:30 AM (GMT-08:00)
To: Thomas Morgan
Cc: Eddy Brikho >, Joseph Brikho >,
Martin Reeder <[email protected]>
Subject: RE: 2311 Sweetwater Road CUP Applications
Good Morning Tom,
Reviewing my notes, there would be a need for three variances without further modifications to the development plan:

1. The street wall requirement for the MXD-2 zone is 75%. A variance request would be needed for a reduced street wall. (Table 18.24.040D)

2. The setback for parking areas adjacent to a street is 40 feet. A variance request would be needed for a reduced setback. (Table 18.24.040D)

3. The maximum width for a two-way driveway in the MXD-2 zone is 25 feet. A variance request would be needed to exceed the maximum driveway width. (Table

18.24.080B)
Along with a Planning submittal for a variance request, we would need to have justifications for the requested variances. I recommend reviewing the required finding for variances in Section 18.12.120.E for guidance on what information is needed in a justification.

We have two additional concerns with the project. One is the proposed above-ground tank.

This is a mixed-use zone and it is simply not allowed due to the residential uses. The other is the visibility of the drive-through exit facing west. The MXD-2 zone allows for development with no setbacks so we are looking for an instrument that would prevent a structure from being built on the southeast corner of the lot with the existing home. This will likely be an easement.

Finally, as previously discussed, we are still waiting on Engineering’s response to the traffic analysis.

Thank you,
David Welch
Associate Planner
City of National City
1243 National City Boulevard
National City, CA 91950
Office: (619) 336-4224
Fax: (619) 336-4321
City Hall Hours: M-Th 7a-6p
-----Original Message-----
From: Thomas Morgan [mailto ]
Sent: Thursday, October 3, 2024 5:04 PM
To: David Welch <[email protected]>
Subject: Re: 2311 Sweetwater Road CUP Applications
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.

Hi David:

Thanks for the update.

Looking forward to hearing your thoughts in the variances.

Best,
Tom
L. Thomas Morgan, CCIM
Retail Specialist - DUHS Commercial
> On Oct 3, 2024, at 3:50 PM, David Welch <[email protected]> wrote:
>
> Hi Tom,
>
> The review of the traffic study will be completed by 10/22. It is being conducted by our Director of Engineering/Public Works.
>
> Martin and I chatted about the potential variances about a week ago, but I have been busy preparing for Monday's Planning Commission meeting. I can send you my thoughts on the next steps either Monday or Tuesday of next week.
>
> Thank you,
>
> David Welch
> Associate Planner
> City of National City
> 1243 National City Boulevard
> National City, CA 91950
> Office: (619) 336-4224
> Fax: (619) 336-4321
>
> City Hall Hours: M-Th 7a-6p
>
>
> -----Original Message-----
> From: Thomas Morgan [mailto ]
> Sent: Thursday, October 3, 2024 1:45 PM
> To: David Welch <[email protected]>
> Cc: Eddy Brikho >; Joseph Brikho >
> Subject: 2311 Sweetwater Road CUP Applications
>
> CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. >
> Hi David:
>
> Do you have an update as to where we are with the Traffic Study Update, and what are the next steps?
>
> Thanks much,
>
> Tom
>
> L. Thomas Morgan, CCIM
>
EXHIBIT 5

EXHIBIT 6

From: Joseph Brikho
To: Josie Flores-Clark - NC Mayors Office
Cc: Eddy Brikho
Subject: Fw: Brikho Sweetwater Site Plan Update
Date: Thursday, October 24, 2024 3:31:13 PM
Attachments: brikho Site Plan, 1ST FLR PLAN, LS PLAN 10-24-24 CITY RE-SUBMITTAL.pdf CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.

Thank you,
Joseph Brikho
License#01434636
----- Forwarded Message -----
From: "Michael Kinoshita" >
To: "[email protected]" <[email protected]> Cc: "Brikho Joseph >,
"Eddy Brikho" >, "Thomas Morgan"
Sent: Thu, Oct 24, 2024 at 2:39 PM
Subject: Brikho Sweetwater Site Plan Update
Martin,
I just left you a voicemail regarding these updated Site Plans.

Based on our meeting yesterday, I have made revisions addressing the issues that came up.

The revisions are as follows:

1. Relocated the Carwash and changed the traffic pattern.

2. Widened the aisle between the Car Wash and the cars parking at the pump from 9-0 to 14-0.

3. Created 28-0(26-0 minimum required) Fire Dept. Access on the west side of the building. We are proposing joint using the drive-thru aisle as part of the Fire Dept. Access.

Do you need a hard copy of these revised plans or are these attached pdfs adequate.

Please let me know.

Thank you.

EXHIBIT 7

From: Joseph Brikho
To: Josie Flores-Clark - NC Mayors Office
Cc: Eddy Brikho
Subject: Fw: CUP/Variance Applications for Highland Avenue Property Investments -2311 Sweetwater Road Date: Tuesday, October 29, 2024 4:32:26 PM
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.

Thank you,
Joseph Brikho
License #01434636
----- Forwarded Message -----
From: David Welch <[email protected]>
To: Thomas Morgan >; Martin Reeder <[email protected]> Cc: Eddy Brikho >; Joseph Brikho >; Michael Kinoshita
t>; Erik Faucett
Sent: Tuesday, October 29, 2024 at 04:27:55 PM PDT
Subject: RE: CUP/Variance Applications for Highland Avenue Property Investments -2311 Sweetwater Road
Good Morning Tom,
The deadline for sending public notices for the November 18th meeting is next Wednesday. I will let you know if this item will be on the 18th on or before that date, but I am hopeful that I can be ready.

Thank you,
David Welch
Associate Planner
City of National City
1243 National City Boulevard
National City, CA 91950
Office: (619) 336-4224
Fax: (619) 336-4321
City Hall Hours: M-Th 7a-6p
-----Original Message-----
From: Thomas Morgan [mail
Sent: Tuesday, October 29, 2024 10:17 AM
To: Martin Reeder <[email protected]>
Cc: Eddy Brikho >; Joseph Brikho >; Michael Kinoshita
; David Welch <[email protected]>; Erik Faucett Subject: CUP/Variance Applications for Highland Avenue Property Investments -2311 Sweetwater Road CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.

Good morning Martin:

Just inquiring to see if you will be able to submit your report and recommendations to the Planning Commission at its November 18th meeting?
The Applicant is very much hoping that to be the case.

Please let us know.

Best regards,
Tom
L. Thomas Morgan, CCIM
From: Joseph Brikho
To: Josie Flores-Clark - NC Mayors Office
Cc: Eddy Brikho
Subject: Fw: CUP/Variance Applications for Highland Avenue Property Investments -2311 Sweetwater Road Date: Thursday, November 7, 2024 9:58:36 AM
Attachments: image001.png
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.

Hello,
Please see the email below. I just wanted to update you!! Thank you,
Joseph Brikho
License #01434636
----- Forwarded Message -----
From: David Welch <[email protected]>
To: Joseph Brikho ; Thomas Morgan ; Martin
Reeder <[email protected]>
Cc: Eddy Brikho >; Michael Kinoshita >; Erik Faucett
Sent: Wednesday, November 6, 2024 at 02:20:18 PM PST
Subject: RE: CUP/Variance Applications for Highland Avenue Property Investments -2311 Sweetwater Road
Hi Joseph,
We are working on sending notices for the 18th this week. If I have any questions that come up while writing the staff report I will let you know.

Thank you,
David Welch
Associate Planner
City of National City
1243 National City Boulevard
National City, CA 91950
Office: (619) 336-4224
Fax: (619) 336-4321
City Hall Hours: M-Th 7a-6p
From: Joseph Brikho [mailto
Sent: Wednesday, November 6, 2024 12:36 PM
To: Thomas Morgan >; Martin Reeder
<[email protected]>; David Welch <[email protected]> Cc: Eddy Brikho >; Joseph Brikho >;
Michael Kinoshita >; Erik Faucett
Subject: Re: CUP/Variance Applications for Highland Avenue Property Investments -2311 Sweetwater Road
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.

David,
How are you? I hope all is well! Checking in with you to see if you need anything from us and if we are still on track to potentially make the November 18th meeting. Please let us know I look forward to hearing back from you.

Thank you,
Joseph Brikho
License #01434636
On Tuesday, October 29, 2024 at 04:27:55 PM PDT, David Welch <[email protected]> wrote:

Sent: Tuesday, October 29, 2024 10:17 AM
To: Martin Reeder <[email protected]>
Cc: Eddy Brikho >; Joseph Brikho >; Michael Kinoshita
>; David Welch <[email protected]>; Erik Faucett Subject: CUP/Variance Applications for Highland Avenue Property Investments -2311 Sweetwater Road CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.

Good morning Martin:

Just inquiring to see if you will be able to submit your report and recommendations to the Planning Commission at its November 18th meeting?
The Applicant is very much hoping that to be the case.

Please let us know.

Best regards,
Tom
L. Thomas Morgan, CCIM
Retail Specialist - DUHS Commercial
EXHIBIT 8

Thanks Tom. Enjoy your time off!
-----Original Message-----
From: Thomas Morgan [mailto: ]
Sent: Thursday, November 21, 2024 11:18 AM
To: David Welch <[email protected]>
Cc: Eddy Brikho ; Joseph Brikho >; Michael Kinoshita
>; Erik Faucett >; Martin Reeder
<[email protected]>
Subject: 2311 Sweetwater Road CUP Applications November 18th Planning Commission Meeting CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.

Hi again David:

Thanks for reaching out to me earlier today.

I think that due to the fact I am on vacation, coupled with the importance of your observations of the community members’ registered concerns about Highland Avenue Properties’ CUP Applications, that you should contact both Eddy Brikho and Joseph Brikho to discuss those concerns, and your recommended ideas for their presentation at the December 2nd Planning Commission meeting.

Eddy Brikho -
Joseph Brikho
I will return to work on Tuesday the 26th and be available to be of what ever assistance is helpful.

Best regards,
Tom
L. Thomas Morgan, CCIM
The Church Broker -DUHS Commercial
L. Thomas Morgan, CCIM
Retail Specialist - DUHS Commercial

EXHIBIT 9

EXHIBIT 10

AGENDA
Consolidated Special Agenda
City Council Chamber - 1243 National City
Boulevard, National City, CA
Ron Morrison, Mayor
Ditas Yamane, Vice-Mayor – District 3 Benjamin A. Martinez, City Manager Marcus Bush, Councilmember Barry J. Schultz, City Attorney Luz Molina, Councilmember – District 1 Shelley Chapel, MMC, City Clerk Jose Rodriguez, Councilmember R. Mitchel Beauchamp, City Treasurer _______________________________________________________________________ The City Council also sits as the City of National City Community Development Commission, Housing Authority, Joint Powers Financing Authority, and Successor Agency to the Community Development Commission as the National City Redevelopment Agency
Thank you for participating in local government and the City of National City Council Meetings.

Meetings: Regular City Council Meetings are held on the first and third Tuesday of the month at 6:00 p.m. Special Closed Session Meetings and Workshops may be same day, the start time is based on needs. Check Special Agendas for times.

Location: Regular City Council Meetings are held in the Council Chamber located at City Hall, 1243 National City Boulevard, National City, CA 91950, the meetings are open to the public.

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RESOLUTION NO. 2024-20

A RESOLUTION OF THE PLANNING COMMISSION

OF THE CITY OF NATIONAL CITY, CALIFORNIA

DENYING A CONDITIONAL USE PERMIT FOR A PROPOSED DEVELOPMENT

COMPRISED OF A NEW SERVICE STATION, CONVENIENCE STORE WITH REQUEST FOR OFF-SALE ALCOHOL (ABC TYPE-21), DRIVE-THROUGH CAR

WASH, DRIVE-THROUGH EATING PLACE, AND FIVE RESIDENTIAL UNITS WITH A

ZONE VARIANCE REQUEST RELATED TO MAXIMUM DRIVEWAY WIDTH,

MINIMIUM STREET WALL, AND THE LOCATION OF PARKING SPACES, TO BE

LOCATED ON VACANT PROPERTIES ON THE NORTH SIDE OF SWEETWATER ROAD BETWEEN OLIVE STREET AND ORANGE STREET.

CASE FILE NO. 2024-08 CUP, ZV
APNS: 563-252-12-00, 563-252-13-00, 563-252-14-00, AND 563-252-23-00 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for a proposed development comprised of a new service station, convenience store with request for off-sale alcohol (ABC Type-21), drive-through car wash, drive-through eating place, and five residential units with a Zone Variance request related to maximum driveway width, minimum street wall and the location of parking spaces, to be located on vacant properties on the north side of Sweetwater Road, between Olive Street and Orange Street, at a duly advertised public hearing held on December 2, 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. 2024-08 CUP, ZV maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and,
WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law.

NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on December 2, 2024, support the following findings:

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 intensity of development of the site may result in public safety concerns related to traffic, both passenger vehicles and commercial fuel trucks, the sale of alcoholic beverages for off-site consumption, which may result in an increased propensity for over-consumption in an area already over-concentrated with outlets, and an increase in calls for service related to public safety in an area served by multiple jurisdictions.

2. Granting the permit would constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the proposed operation of a gasoline service station may result in the emission of hazardous fumes or noxious odors, which would be in close proximity to residential uses both on-site and off-site. The increase in traffic, as anticipated by the Local Transportation Analysis, may also result in diminished air quality in the vicinity of the site.

3. 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 proposed development is comprised of uses that may create public nuisances including, but not limited to, the operation of a drive-through automated car wash and drive-through eating place that may produce excessive noise, general nuisances related to over-consumption of alcohol as mentioned above, and the potential for noxious odors related to the sale of gasoline.

4. Based on the above findings, public convenience and necessity will not be served by the off-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 for review. The City Council may, at that meeting, decide to review the Planning Commission’s decision and set the matter for a public hearing.

BE IT FINALLY RESOLVED that this Resolution shall become effective and final following City Council review and thirty (30) days following the Planning Commission’s decision, unless an appeal is filed in writing with the City Clerk.

CERTIFICATION:

This certifies that the Resolution was adopted by the Planning Commission at their meeting of December 2, 2024, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN: ________________________

CHAIRPERSON
EXHIBIT 11

From: Martin Reeder
To: Barry Schultz; Ashlin Lutes
Subject: FW: Sweetwater Gas Station - withdrawal application Martin Reeder | AICP
Assistant Community Development Director
Community Development Department
City of National City
1243 National City Blvd., National City, CA 91950
T: 619.336.4313 [email protected]
Website Facebook Instagram Twitter LinkedIn
From: Joseph Brikho [mailto
Sent: Tuesday, December 10, 2024 1:55 PM
To: Martin Reeder <[email protected]>
Cc: Eddy Brikho Carlos Aguirre <[email protected]>; Michael Kinoshita < ; Erik Faucett < ; Morgan Thomas
Subject: Sweetwater Gas Station - withdrawal application CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.

Martian, how are you? We would like to withdraw our current application for CUP on the development at the corner of Sweetwater and Orange. We will place it on hold for now to revise the project and come back to meet with the City staff to see how we can find a project that will work for that intersection.

Thank everybody at the city for all their hard work on this project and we look forward to finding a path forward to get something built there.

Thank you,
Joseph Brikho
License#01434636
On Wed, Nov 27, 2024 at 1:58 PM, Thomas Morgan
> wrote:

Received.

Comments shall be forthcoming from the Applicant.

Tom
L. Thomas Morgan, CCIM
Retail Specialist - DUHS Commercial
On Nov 27, 2024, at 12:31 PM, David Welch <[email protected]> wrote:

Good Afternoon,
Our Planning Commission agenda for Monday night and complete packet is published online. This can be accessed at the following link:
https://www.nationalcityca.gov/Home/Components/Calendar/Event/15596/786? curm=12&cury=2024#!/. The staff report and draft resolution are found in the packet.

I made a few modifications to the conditions of approval based on our conversation yesterday. Specifically, it was confirmed by the Engineering and Fire Departments that the references to underground utilities were for on-site improvements (conditions 29 and 37).

However, it was also decided that modifications to the size of containers for the sale of distilled spirits and the use of gasoline sales for condition 72 would require approval by our City Council since they would be policy changes from the previously approval Council Policy 707. I have a Notice of Decision currently planned as an item for the City Council meeting on December 10th. Should there be a public hearing at City Council, the next meeting date would be January 21st
. Thank you,
David Welch
Associate Planner
City of National City
1243 National City Boulevard
National City, CA 91950
Office: (619) 336-4224
Fax: (619) 336-4321
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National City City CouncilApril 15, 2025

National City City Council
April 15, 2025