MEETING INFORMATION
Wednesday, February 9, 2022
6:30 p.m.
Council Chambers | Building 2
10601 Magnolia Ave • Santee, CA 92071
TO WATCH LIVE:
AT&T U-verse channel 99 (SD Market) | Cox channel 117 (SD County) www.cityofsanteeca.gov
IN-PERSON ATTENDANCE
Please be advised that current public health orders require attendees to wear face coverings while inside the Council Chambers.
LIVE PUBLIC COMMENT
Members of the public who wish to comment on matters on the City Council agenda or during Non-Agenda Public Comment may appear in person and submit a speaker slip, before the item is called. Speakers must adhere to the public health order requirement to wear a face covering.
Your name will be called when it is time to speak.
PLEASE NOTE: Public Comment will be limited to 3 minutes and speaker slips will only be accepted until the item is called. The timer will begin when the participant begins speaking.
February 9, 2022 | 6:30 p.m.
2 ROLL CALL: Mayor John W. Minto
Vice Mayor Ronn Hall
Council Members Laura Koval, Rob McNelis and Dustin Trotter LEGISLATIVE INVOCATION: Marshall Masser – Lakeside Christian Church
PLEDGE OF ALLEGIANCE
RECOGNITION: Certificates of Commendation: Santee Pee Wee and Junior Varsity Ravens Pop Warner Cheerleader Champions
CONSENT CALENDAR:
PLEASE NOTE: Consent Calendar items are considered routine and will be approved by one motion, with no separate discussion prior to voting. The public, staff or Council Members may request specific items be removed from the Consent Calendar for separate discussion or action. Speaker slips for this category must be presented to the City Clerk at the start of the meeting. Speakers are limited to 3 minutes.
(1) Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances and Resolutions on the Agenda. (City Clerk – Ortiz)
(2) Approval of Meeting Minutes of the Santee City Council for the January 12 and 26, 2022, Regular Meetings. (City Clerk – Ortiz)
(3) Approval of Payment of Demands as Presented. (Finance – McDermott) (4) Purchase of Three Multi-Function Copy Machines from Sharp Business Systems. (Finance – McDermott)
(5) Adoption of a Resolution Awarding the Construction Contract for the City Hall Fiberoptic Cable Replacement Project (CIP 2022-30), and Determining a Categorical Exemption Pursuant to Section 15301(c) of the California Environmental Quality Act for a Total Project Budget of $65,000.00. (Development Services – Engineering)
(6) Adoption of a Resolution Approving the Final Map for an 80-Unit Residential Condominium Subdivision (TM2020-2) and Authorizing the City Manager to Execute the Associated Subdivision Improvement Agreement. Location: 7739 Mission Gorge Road. Applicant: Cornerstone Communities. (Development Services – Engineering)
February 9, 2022 | 6:30 p.m.
3 (7) Adoption of a Resolution Authorizing Additional Change Order Authorization for the Streetlight Maintenance Contract with CTE, Inc. for FY 2021-22 and Appropriating Funds. (Development Services – Engineering) NON-AGENDA PUBLIC COMMENT (15 minutes):
Persons wishing to address the City Council regarding items not on the posted agenda may do so at this time. In accordance with State law, Council may not take action on an item not scheduled on the Agenda. If appropriate, the item will be referred to the City Manager or placed on a future agenda. This first Non-Agenda Public Comment period is limited to a total of 15 minutes. Additional Non-Agenda Public Comment is received prior to Council Reports.
PUBLIC HEARING:
THE PUBLIC HEARING ITEM NUMBER 8 WILL BEGIN PROMPTLY AT 7:00 PM. (8) Public Hearing for Consideration of Revised City Council District Electoral Boundaries as Required by Elections Code Section 21621. (City Clerk – Ortiz) Recommendation:
1. Receive a report from staff and the City’s redistricting consultant on the redistricting process and review draft maps to redraw district boundaries; and
2. Conduct a Public Hearing to receive public input on district boundaries.
3. Select a preferred map.
(9) Public Hearing to Assess Community Development Needs and to Solicit Proposals for Program Year 2022 Community Development Block Grant (CDBG) and Home Program Funding Consistent with the Consolidated Plan. (Development Services – Engineering)
Recommendation:
Open the Public Hearing, receive public testimony, and continue the Public Hearing to March 9, 2022.
(10) Public Hearing Considering a Disposition and Development Agreement Between the City of Santee and Excel Acquisitions, LLC, for Development of Real Property Known as Parcel 4 of Parcel Map 18857 Located in Trolley Square. (City Manager – Best)
Recommendation:
1. Open the Public Hearing and receive testimony from the public regarding the proposed sale of the Property;
2. Close the public hearing and, if any protest was received regarding the sale of the Property, overrule the protest by a 4/5 majority vote; and
3. Adopt the Resolution of Approval.
February 9, 2022 | 6:30 p.m.
4 CONTINUED BUSINESS:
(11) Second Reading and Adoption of an Ordinance Amending Title 13 of the Santee Municipal Code (“SMC”), “Zoning” (Case File: ZA2022-1), and Second Reading and Adoption of an Ordinance Amending Title 2 of the SMC, “Administration and Personnel,” Title 9 of the SMC, “Public Services” and Title 10 of the SMC, “Vehicles and Traffic”. (City Attorney – Hagerty) Recommendation:
Adopt the Ordinance amending Title 13.
Adopt the Ordinance amending Titles 2, 9, and 10.
NEW BUSINESS:
(12) Resolution Authorizing the Implementation of a Permitting and Land Management System, Including Authorization to: Execute a Five-Year Agreement with Tyler Technologies for the EnerGov Land Management System and Mobile Eyes Fire Inspection Software; Purchase Bluebeam Software; Execute a Professional Services Agreement with SDI Presence for Implementation Consulting Services; and Appropriate Funds. (Development Services – Planning)
Recommendation:
Adopt a Resolution authorizing the City Manager to:
1. Execute a Five-Year Agreement with Tyler Technologies for the EnerGov Land Management System and the Mobile Eyes Fire Inspection Software.
2. Execute a Professional Services Agreement with SDI Presence for implementation consulting services in an amount not to exceed $100,000.00.
3. Purchase Bluebeam Software.
4. Appropriate $21,270.00 of the City’s ARPA allocation, or General Fund dollars if so directed, to fund a portion of the SDI Presence contract to support the City’s implementation efforts.
(13) Draft Pavement Management Report 2022 And Pavement Maintenance Workshop. (Development Services – Engineering)
Recommendation:
1. Accept the Draft Pavement Management Report 2022; and
2. Approve Zones CD, CE, CI and EB to be resurfaced with current available funding; and
3. Provide direction on additional streets to resurface based on the recommended list herein.
February 9, 2022 | 6:30 p.m.
5 (14) Resolution Proclaiming an Emergency, Authorizing the Construction of Firebreaks and Fuel Reduction Throughout the San Diego River Corridor, Waiving the Requirement for Competitive Bidding, and Authorizing the City Manager to Enter Into a Contract to Construct a Firebreak. (City Manager – Best) Recommendation:
Adopt the Resolution:
1. Proclaiming the immediate fire risk emergency; and
2. Approving the construction of firebreaks and fuel reduction to safeguard life, health, or property and waiving the requirement for competitive bidding; and
3. Authorizing the City Manager to enter into contracts for the emergency work from funds appropriated by the City Council for this purpose, and to take other actions as necessary.
(15) Purchase of Five (5) Bottle Filler Stations from Most Dependable Fountains, Inc. (Public Works)
Recommendation:
Authorize the sole source purchase of five (5) additional Bottle Filler Stations for an amount not to exceed $28,591.14 and authorize the City Manager to execute all necessary documents.
(16) Resolution Authorizing the Fourth Amendment to the Employment Agreement of the City Manager. (Mayor Minto)
Recommendation:
Adopt a Resolution approving the Fourth Amendment to the Employment Agreement of Marlene Best.
NON-AGENDA PUBLIC COMMENT (Continued):
All public comment not presented within the first Non-Agenda Public Comment period above will be heard at this time.
CITY COUNCIL REPORTS:
CITY MANAGER REPORTS:
CITY ATTORNEY REPORTS:
CLOSED SESSION:
(17) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Gov. Code §54956.9(d)(2))
Significant Exposure to Litigation: One case
ADJOURNMENT:
February 9, 2022 | 6:30 p.m.
6 Feb 03 SPARC Council Chamber
Feb 09 Council Meeting Council Chamber
Feb 14 Community Oriented Policing Committee Council Chamber Feb 23 Council Meeting Council Chamber
Mar 01 DEI Workshop Council Chamber
Mar 03 SPARC Council Chamber
Mar 09 Council Meeting Council Chamber
Mar 14 Community Oriented Policing Committee Council Chamber Mar 17 SMHFPC Council Chamber
Mar 23 Council Meeting Council Chamber
The Santee City Council welcomes you and encourages your continued interest and involvement in the City’s decision-making process.
For your convenience, a complete Agenda Packet is
available for public review at City Hall and on the
City’s website at www.CityofSanteeCA.gov.
The City of Santee complies with the Americans with Disabilities Act. Upon request, this agenda will be made available in appropriate alternative formats to persons with disabilities, as required by Section 12132 of the American with Disabilities Act of 1990 (42 USC § 12132). Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk’s Office at (619) 258-4100, ext. 112 at least 48 hours before the meeting, if possible.
BOARDS, COMMISSIONS & COMMITTEES
FEBRUARY & MARCH MEETINGS
COUNCIL AGENDA STATEMENT
CITY OF SANTEE
MEETING DATE February 9, 2022
Recognition
ITEM TITLE CERTIFICATES OF COMMENDATION: SANTEE PEE WEE AND
JUNIOR VARSITY RAVENS POP WARNER CHEERLEADER CHAMPIONS
DIRECTOR/DEPARTMENT John W. Minto, Mayor
SUMMARY The Santee Pee Wee Ravens 10U and Santee Junior Varsity Ravens 12U Pop Warner Football Cheerleaders have a lot to celebrate.
The Santee Pee Wee Ravens 1 OU are a team of 14 dedicated girls coached by Nichole Harris, Sierra Galvas, Maya Archer, Shaylie Noss, and Alicia Gibson. The girls developedthe skills needed to perform and be competitive as a Level 1 team. Over the past season, they have honed their skills to not only cheer at games for their Pop Warner football team, but to also compete, and win, in multiple competitions. Most recently, they competed in Las Vegas at the JAMZ Youth Nationals and walked away with the honor of Level 1 National Champions.
Team members are Andrea Aguilar, Annie Arredondo, Kaya Carnation, Caite Gibson, Madison Harris, Madison Hines, Madison Hoxiem, Allie Jokerst, Tayler Maclachlan, Faith Meyers, Sawyer Meyers, Kinsley. Miller, Arianna Snyder, McKenna Thornton.
The Santee Junior Varsity Ravens 12U are a team of 23 dedicated girls coached by Colette King. These girls went from teammates to family over the course of a season. They formed friendships and memories that will last a lifetime. Working together they won 1st place at the local competition for Pop Warner.
Then they won 1st place at the Anaheim JAMZ, 3rd place competition at the Pop Warner Nationals in Florida, 1st place at the Riverside JAMZ competition and finally 1st place & National Grand Champions at JAMZ in Las Vegas.
Team members are Abigail Persiani, Amaya Evans, Breanna Brinkley. Caydance Hinson-Lerma, Chloe Jones, Colette King, Corrina Acevedo, Courtney Craft, Gabriela Belmonte, Hailey Seramurm Hannah Hough, Isabella Sly, Jillian McDuffee, Julianne Viladiu, Kaedynce Pettijohn, Karissa Pacheco, Katelyn Young, Keira Mizell, Kianna Velasquez-Ruiz, Morgan Weaver, Paityn Trenkle, Shay Peterson, Shayla Lowery.
Congratulations to all of these young ladies on their excellent performance and accomplishments. Their hard work and dedication paid off as they proudly represented their team, their City, and Pop Warner.
Certificates of Commendation have been prepared in honor of each team's achievements and will be accepted by representatives of the Santee Ravens Pop Warner Cheer program.
FINANCIAL STATEMENT NIA
CITY ATTORNEY REVIEW 181 NIA• o Completed
RECOMMENDATION
ATTACHMENT
None
Present Certificates.
Minutes DRAFT
Santee City Council
Council Chamber – Building 2
10601 Magnolia Avenue
Santee, California
January 12, 2022
This Regular Meeting of the Santee City Council was called to order by Mayor John W.
Minto at 6:31 p.m.
ROLL CALL: Present: Mayor John W. Minto, Vice Mayor Ronn Hall and Council Members Laura Koval, Rob McNelis and Dustin Trotter – 5.
Officers present: City Manager Marlene Best, City Attorney Shawn Hagerty, and City Clerk Annette Ortiz
INVOCATION was given by Imam Taha Hassane – Islamic Center of San Diego PLEDGE OF ALLEGIANCE was led by Mayor Minto
CONSENT CALENDAR:
(1) Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances and Resolutions on the Agenda. (City Clerk – Ortiz) (2) Approval of Meeting Minutes of the Santee City Council for the December 8, 2021, Regular and Special Meetings. (City Clerk – Ortiz) (3) Approval of Payment of Demands as Presented. (Finance – McDermott) (4) Second Reading and Adoption of an Ordinance Amending Section
13.10.045 of the Santee Municipal Code Regarding Accessory Dwelling Units and Determining the Ordinance to be Exempt from the California Environmental Quality Act. (City Clerk – Ortiz) (Ord 597) (5) Second Reading and Adoption of an Ordinance Amending Title 12 (“Subdivision of Land, Development Fees, and Dedications”) and Title 13 (“Zoning”) of the City of Santee Municipal Code Relating to Urban Lot Splits and Two-Unit Projects to Implement Senate Bill 9 and Finding the Ordinance to Be Exempt from CEQA. (City Clerk – Ortiz) (Ord 598) (6) Adoption of a Resolution Authorizing the Installation of a Loading Zone (White Zone) on Alphonse Street for Mail Drop-Off and Pick-Up. (Development Services – Engineering) (Reso 001-2022)
(7) Adoption of a Resolution Accepting the Citywide Slurry Seal and Santee City Council Regular Meeting Minutes of January 12, 2022 Page 2 of 5 Roadway Maintenance Program 2021 Project (CIP 2021-03) as Complete. (Development Services – Engineering) (Reso 002-2022)
(8) Authorization of the First Amendment to the Contract with Global Power Group, Inc. for Electrical Repairs and Related Maintenance to Provide Electrical Upgrades Necessary for the City Hall EV Charging Station (CIP 2021-32) Project. (Development Services – Engineering)
(9) Consideration of Extension of the Exclusive Negotiation Agreement Between the City of Santee and Excel Acquisitions, LLC for Development of Real Property Known as Parcel 4 of Parcel Map 18857 Located in Trolley Square. (City Manager – Best)
(10) Award of Professional Services Agreement with Bob Murray & Associates to Provide Recruitment Services for the Human Resources Director. (City Manager – Best)
ACTION: Council Member McNelis moved approval of the Consent Calendar.
Vice Mayor Hall seconded the motion, which carried by the following vote: Mayor Minto:
Aye; Vice Mayor Hall: Aye; and Council Members Koval: Aye; McNelis: Aye; and Trotter:
Aye. Ayes: 5. Noes: 0.
NON-AGENDA PUBLIC COMMENT (15 minutes):
(A) Barbara Gordon spoke regarding public health and prevention measures pertaining to cannabis.
(B) Becky Rapp spoke regarding public health and safety regarding impaired driving related to cannabis businesses in the City.
(C) Diane Grace spoke regarding cannabis in the City of Santee.
PUBLIC HEARING:
(11) Redrawing of City Council Member District Boundaries. (City Attorney – Hagerty)
The Public Hearing was opened at 6:45 p.m. The City Attorney provided a brief report.
ACTION: Council Member McNelis moved approval of staff recommendation.
Council Member Trotter seconded the motion, which carried by the following vote: Mayor Minto: Aye; Vice Mayor Hall: Aye; and Council Members Koval: Aye; McNelis: Aye; and Trotter: Aye. Ayes: 5. Noes: 0.
The Public Hearing was continued at 6:50 p.m. to January 26, 2022, at a time certain of 7:00 p.m.
Santee City Council Regular Meeting Minutes of January 12, 2022 Page 3 of 5 NEW BUSINESS:
(12) Resolution Awarding the Construction Contract for the Magnolia Avenue Traffic Signal Upgrades Project (CIP 2019-03), Determining a Categorical Exemption Pursuant to Section 15301(c) of the California Environmental Quality Act, and Appropriating Regional Transportation Congestion Improvement Program Funds. (Development Services – Engineering) (Reso 003-2022)
The Principal Traffic Engineer provided a staff report responded to Council questions.
ACTION: Vice Mayor Hall moved approval of staff recommendation.
Council Member Koval seconded the motion, which carried by the following vote: Mayor Minto: Aye; Vice Mayor Hall: Aye; and Council Members Koval: Aye; McNelis: Aye; and Trotter: Aye. Ayes: 5. Noes: 0.
(13) Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Harris and Associates for Environmental Services to Related to the Preparation of a Cannabis Ordinance and Appropriating Funds. (Development Services – Planning) (Reso 004- 2022)
The Principal Planner provided a PowerPoint presentation and responded to Council questions.
PUBLIC SPEAKERS:
• Kathleen Lippitt
• Carol Green
ACTION: Council Member Koval moved approval of staff recommendation.
Council Member McNelis seconded the motion, which carried by the following vote: Mayor Minto: Aye; Vice Mayor Hall: Aye; and Council Members Koval: Aye; McNelis: Aye; and Trotter: Aye. Ayes: 5. Noes: 0.
(14) Resolution Appointing Jessie Bishop as Director of Human Resources on an Interim Basis and Approving Employment Agreement. (City Manager – Best) (Reso 005-2022)
The City Manager provided a staff report and responded to Council questions.
ACTION: Council Member Koval moved approval of staff recommendation.
Council Member Trotter seconded the motion, which carried by the following vote: Mayor Santee City Council Regular Meeting Minutes of January 12, 2022 Page 4 of 5 Minto: Aye; Vice Mayor Hall: Aye; and Council Members Koval: Aye; McNelis: Aye; and Trotter: Aye. Ayes: 5. Noes: 0.
CDC SUCCESSOR AGENCY:
(15) Resolution of the Community Development Commission Successor Agency Approving the Recognized Obligation Payment Schedule for the Period from July 1, 2022 to June 30, 2023 (“ROPS 22-23”). (Finance – McDermott) (CDCSA Reso 001-2022)
The Director of Finance provided a brief staff report.
ACTION: Council Member McNelis moved approval of staff recommendation.
Vice Mayor Hall seconded the motion, which carried by the following vote: Mayor Minto:
Aye; Vice Mayor Hall: Aye; and Council Members Koval: Aye; McNelis: Aye; and Trotter:
Aye. Ayes: 5. Noes: 0.
NON-AGENDA PUBLIC COMMENT: (Continued)
None.
CITY COUNCIL REPORTS:
Council Member Koval thanked Karen Pearlman from the San Diego Union Tribune for her years of service; she also expressed condolences to the family of Santee resident, Martin Andara, for his untimely death.
Council Member Trotter expressed best wishes to longtime resident and business owner, Gene Chubb.
CITY MANAGER REPORTS:
The City Manager mentioned the race walk at Santee Trolley Square; she also apologized for the technical difficulties that SanteeTV was experiencing.
CITY ATTORNEY REPORTS:
None.
Santee City Council Regular Meeting Minutes of January 12, 2022 Page 5 of 5 CLOSED SESSION:
Council Members recessed at 7:30 p.m. and convened in Closed Session at 7:34 p.m. (16) CONFERENCE WITH LABOR NEGOTIATORS
(Government Code Section 54957.6)
City Designated Representative: City Manager
Employee Organization: Santee Firefighters Association
(17) CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code section 54956.8)
Property: Parcel 4 of Parcel Map 18857 located in Trolley Square (Library site) City Negotiator: City Manager
Negotiating Parties: Excel Hotel Group and Santee Trolley Square 991, LP Under Negotiation: Price and terms of payment
Council Members reconvened in Open Session at 8:01 p.m. with all members present, except Council Member Trotter, who left the meeting at 8:00 p.m. Mayor Minto reported on Item 16, direction was given by unanimous vote, for the City Manager to continue negotiations with the Santee Firefighters Association regarding side letters and to execute the agreement; for Item 17 discussion was had and no direction was provided.
ADJOURNMENT:
There being no further business, the meeting was adjourned at 8:02 p.m.
Date Approved:
Annette Ortiz, CMC, City Clerk
Minutes DRAFT
Santee City Council
Council Chamber – Building 2
10601 Magnolia Avenue
Santee, California
January 26, 2022
This Regular Meeting of the Santee City Council was called to order by Mayor John W.
Minto at 6:30 p.m.
ROLL CALL: Present: Mayor John W. Minto, Vice Mayor Ronn Hall and Council Members Laura Koval, Rob McNelis and Dustin Trotter – 5.
Officers present: City Manager Marlene Best, City Attorney Shawn Hagerty, and City Clerk Annette Ortiz
INVOCATION was given by Phil Herrington – Pathways Community Church PLEDGE OF ALLEGIANCE was led by City of Santee Park and Landscape Supervisor, Eric King.
RECOGNITION Recognition of Ms. Wheelchair California 2022 Jacquelyne Yawn Mayor Minto presented Ms. Yawn with City of Santee memorabilia and spoke about her accomplishments and shared a previously recorded video.
CONSENT CALENDAR:
(1) Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances and Resolutions on the Agenda. (City Clerk – Ortiz) (2) Approval of Payment of Demands as Presented. (Finance – McDermott) (3) Approval of the Expenditure of $70,337.83 for December 2021 Legal Services and Reimbursable Costs. (Finance – McDermott)
(4) Adoption of a Resolution Finding that the Public Interest and Convenience Require the Sale of Certain Real Property, Declaring the City’s Intent to Sell Such Property, and Setting a Public Hearing. (City Manager – Best) (Reso 006-2022)
ACTION: Vice Mayor Hall moved approval of the Consent Calendar.
Council Member Koval seconded the motion, which carried by the following roll call vote:
Mayor Minto: Aye; Vice Mayor Hall: Aye; and Council Members Koval: Aye; McNelis: Aye; and Trotter: Aye. Ayes: 5. Noes: 0.
Santee City Council Regular Meeting Minutes of January 26, 2022 Page 2 of 4 NON-AGENDA PUBLIC COMMENT (15 minutes):
(A) Lynda Marrokal spoke regarding the need for a public library in the City of Santee.
(B) Kathleen Lippit spoke regarding cannabis and recommended Council review the city of Solana Beach model.
(C) Dan Bickford spoke regarding the effect Covid has had on the Kiwanis Club and the lack of movement towards an application process for APRA fund grants by the City of Santee.
PUBLIC HEARING:
(5) Consideration of Revised City Council District Electoral Boundaries as Required by Elections Code Section 21621. (City Attorney – Hagerty) The Public Hearing was opened at 7:07 p.m. The City Attorney introduced the Item and Stephanie Smith, BB&K Law provided a PowerPoint presentation and responded to Council questions.
The Public Hearing was closed at 7:40 p.m.
(6) Public Hearing and Introduction and First Reading of an Ordinance Amending Title 13 of the Santee Municipal Code (“SMC”), “Zoning” (Case File: ZA2022-1), and Introduction and First Reading of an Ordinance Amending Title 2 of the SMC, “Administration and Personnel,” Title 9 of the SMC, “Public Services” and Title 10 of the SMC, “Vehicles and Traffic”. (City Attorney – Hagerty)
The Public Hearing was opened at 7:40 p.m. The City Attorney introduced the Item and the Assistant City Attorney, BB&K Law provided a PowerPoint presentation.
ACTION: Vice Mayor Hall moved approval of staff recommendation.
Council Member McNelis seconded the motion, which carried by the following roll call vote: Mayor Minto: Aye; Vice Mayor Hall: Aye; and Council Members Koval: Aye; McNelis:
Aye and Trotter: Aye. Ayes: 5. Noes: 0.
The Public Hearing was closed at 8:12 p.m.
NEW BUSINESS:
(7) Resolution Requesting that the Local Agency Formation Commission (LAFCO) of the County of San Diego Initiate Proceedings for the Weston Boundary Cleanup Reorganization. (Development Services – Planning) (Reso 007-2022)
Santee City Council Regular Meeting Minutes of January 26, 2022 Page 3 of 4 ACTION: Council Member McNelis moved approval of staff recommendation.
Vice Mayor Hall seconded the motion, which carried by the following vote: Mayor Minto:
Aye; Vice Mayor Hall: Aye; and Council Members Koval: Aye; McNelis: Aye, and Trotter:
Aye. Ayes: 5. Noes: 0.
(8) Resolution in Support of the County of San Diego’s Application for a Reorganization to Include the Dissolution of County Service Area No. 69. (Fire – Garlow) (Reso 008-2022)
The Fire Chief provided a PowerPoint presentation and responded to Council questions.
PUBLIC SPEAKER:
• Dan Bickford
ACTION: Council Member Koval moved approval of staff recommendation.
Council Member Trotter seconded the motion, which carried by the following roll call vote:
Mayor Minto: Aye; Vice Mayor Hall: Aye; and Council Members Koval: Aye; McNelis: Aye, and Trotter: Aye. Ayes: 5. Noes: 0.
(9) Resolution Authorizing Submittal of Applications for CalRecycle Grant and Payment Programs for Which City of Santee, California is Eligible. (Community Services) (Reso 009-2022)
The Recreation Services Manager provided a PowerPoint presentation and responded to Council questions.
ACTION: Vice Mayor Hall moved approval of staff recommendation.
Council Member Koval seconded the motion, which carried by the following roll call vote:
Mayor Minto: Aye; Vice Mayor Hall: Aye; and Council Members Koval: Aye; McNelis: Aye, and Trotter: Aye. Ayes: 5. Noes: 0.
(10) Possible Cancellation of a Regular City Council Summer Meeting. (Mayor – Minto)
The City Clerk responded to Council questions.
ACTION: Council Member Koval moved to cancel the July 13, 2022, City Council Meeting.
Council Member McNelis seconded the motion, which carried by the following roll call vote: Mayor Minto: Aye; Vice Mayor Hall: Aye; and Council Members Koval: Aye; McNelis:
Aye, and Trotter: Aye. Ayes: 5. Noes: 0.
Santee City Council Regular Meeting Minutes of January 26, 2022 Page 4 of 4 NON-AGENDA PUBLIC COMMENT: (Continued)
(A) Nick Liadis spoke regarding the high cost of water utilities and issues regarding the Padre Dam organization.
CITY COUNCIL REPORTS:
Council Member Koval reported on her attendance at the SANDAG meeting on behalf of Mayor Minto.
Council Member Trotter stated he will attend the Max LeNai Memorial Bridge event.
Mayor Minto reported on his attendance at the Cal Cities New Mayor’s Academy.
CITY MANAGER REPORTS:
The City Manager thanked staff for their work on a Discovery Day’s event to allow people in the community to experience some of the programs the City has to offer.
CITY ATTORNEY REPORTS:
None.
CLOSED SESSION:
Council Members recessed at 8:34 p.m. and convened in Closed Session at 8:48 p.m. (11) PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Government Code Section 54957(b))
Title: City Manager
Council Members reconvened in Open Session at 10:00 p.m. with all members present.
Mayor Minto reported direction was given to staff.
ADJOURNMENT:
There being no further business, the meeting was adjourned at 10:02 p.m.
Date Approved:
Annette Ortiz, CMC, City Clerk
vchlist
01/21/2022 2:10:18PM
Bank code: ubqen
Voucher
1064
Date Vendor
1/11/2022 10482 TRISTAR RISK MANAGEMENT
1 Vouchers for bank code : ubgen
1 Vouchers in this report
P,epacr 1?!!&. �
Date: I Zf( �
Approved by: Nil�}.__,�
Date: � /,,. �fi:,.. ¢2-: '
Voucher List
CITY OF SANTEE
Invoice
114549
-------
PO# Description/Account
CLAIMS PD DECEMBER 2021
Total:
Bank total:
Total vouchers
Page: 2
Amount
30,647.10
30,647.10
30,647.10
30,647.10
Page: 2
vchlist
01/18/2022 2:48:43PM
Bank code: ubqen
Voucher
22899
Date Vendor
1/12/2022 10955 DEPARTMENT OF THE TREASURY
1 Vouchers for bank code : ubgen
1 Vouchers in this report
Prepared by: / <;;Cl/3i/ �-
Date: t>t/ / '< / ?-0 �
Apprn,ed bye ��
Date: .J-0'.-'-P/W.C-'z.:=:.��--
Voucher List
CITY OF SANTEE
Invoice
January 22 Retirees
PPE 01/05/22
------- PO# Description/Account
FEDERAL WITHHOLDING TAX
FED WITHHOLD & MEDICARE
Total:
Bank total:
Total vouchers
Page: 3
Amount
211.00
114,720.79
114,931.79
114,931.79
114,931.79
Page: 3
vchlist
01/18/2022 3:01 :56PM
Bank code : ubqen
Voucher
22922
Date Vendor
1/14/2022 10956 FRANCHISE TAX BOARD
1 Vouchers for bank code : ubgen
1 Vouchers in this report
Approved
Prepared
Date: {/ by:
by:�/� t 1/w
/ SA..Jt3tf
2,,'Z---"
5'�
Date: J//JjfZ '2...---
Voucher List
CITY OF SANTEE
Invoice
January 22 Retirees
PPE 01/05/22
------- PO# Description/Account
CA STATE TAX WITHHELD
CA STATE TAX WITHHELD
Total:
Bank total:
Total vouchers :
Page: 4
Amount
46.00 37,178.42
37,224.42
37,224.42
37,224.42
Page: 4
vchlist
01/18/2022 3:12:29PM
Bank code: ubqen
Voucher
674730
Date Vendor
1/18/2022 10782 VANTAGEPOI NT TRNSFR AGT/801801
1 Vouchers for bank code : ubgen
1 Vouchers in this report
Voucher List
CITY OF SANTEE
Invoice
PPE 01/05/22
------- PO# Description/Account
RETIREE HSA
Total:
Bank total:
Total vouchers
Page: 5
Amount
4,254.98
4,254.98
4,254.98
4,254.98
Page: 5
vchlist
01/18/2022 5:07:24PM
Bank code: ubqen
Voucher
674718
Date Vendor
1/18/2022 10959 VANTAGE TRANSFER AGENT/457
1 Vouchers for bank code : ubgen
1 Vouchers in this report
I (,1la f) !/ c. i; n
Preparef/i
y: (j, 71...-,( Oft1.-£Xtf,__J(
Date: / ,f / 2A '2-2---
Approved, by:
1 �/c.7'1�
Date: 1//[t/L"\..,/
Voucher List
CITY OF SANTEE
Invoice
PPE 01/05/22
------- PO# Description/Account
ICMA-457
Total:
Bank total:
Total vouchers :
Page: 6
Amount
77,753.98
77,753.98
77,753.98
77,753.98
Page: 6
vchlist
01/21/2022 1 :26:21 PM
Bank code: ub�en
Voucher
1223
Date Vendor
1/19/2022 10353 PERS
1 Vouchers for bank code : ubgen
1 Vouchers in this report
Prepa
.
�dr
App
Date:
Date:
rove
QI
0 d J
by:
,,-
;.I 91/24..c
.)t;"-2P2a= r1 /Jld :lit.RL�
�·
Voucher List
CITY OF SANTEE
Invoice
01 223
------- PO# Description/Account
RETIREMENT PAYMENT
Total:
Bank total:
Total vouchers :
Page: 7
Amount
116,006.61
116,006.61
116,006.61
116,006.61
Page: 7
vchlist Voucher List Page: 8
01/19/2022 2:07:27PM CITY OF SANTEE
Bank code: ubqen
Voucher Date Vendor Invoice PO# Description/Account Amount 129460 1/19/2022 12060 ACCOUNTING PRINCIPALS 12221848 53612 TEMPORARY ACCOUNTING SPECI, 1,020.90 Total: 1,020.90
129461 1/19/2022 13456 AGRICULTURAL PEST CONTROL 618759 53491 PEST CONTROL SERVICES 595.00 Total: 595.00
129462 1/19/2022 10412 AT&T 000017512079 TELEPHONE- USAGE 11/22/2021-1« 805.78 Total: 805.78
129463 1/19/2022 10299 CARQUEST AUTO PARTS 11102-546901 53407 VEHICLE REPAIR PARTS 34.62 Total: 34.62
129464 1/19/2022 10032 CINTAS CORPORATION #694 4106031446 53483 UNIFORM/PARTS CLEANER RNTL 66.51 4106036175 53483 STATION SUPPLIES 44.39
Total: 110.90
129465 1/19/2022 10333 COX COMMUNICATIONS 038997401- JAN 2022 10601 N MAGNOLIA-SANTEE TV U!: 159.75 094557701- JAN 2022 10601 N.MAGNOLIA APT 2 JAN 1 - , 29.29 Total: 189.04
129466 1/19/2022 10046 D MAX ENGINEERING INC 6999 53613 STORMWATER PROGRAM ASSIST/ 14,251.20 Total: 14,251.20
129467 1/19/2022 13129 DAVID TURCH AND ASSOCIATES 07212021 53644 DAVID TURCH & ASSOCIATES AGR 5,000.00 (REISSUED PAYMENT) 09142021 53644 DAVID TURCH & ASSOCIATES AGR 5,000.00 Total: 10,000.00
129468 1/19/2022 12638 GEORGE HILLS COMPANY, INC. INV1021786 53596 CLAIMS ADMINISTRATION FEES 1,541.67 Total: 1,541.67
129469 1/19/2022 11196 HD SUPPLY FACILITIES 10015345422 53664 FACILITIES MAINTENANCE SUPPLI 89.99 9197458412 53664 FACILITIES MAINTENANCE SUPPLI 181.73
9197458414 53664 FACILITIES MAINTENANCE SUPPLI 561.38
9198401469 53553 FOUNTAIN MAINTENANCE SUPPLII 69.56
9198628441 53409 STATION SUPPLIES 122.80
Total: 1,025.46
Page:
8 8
vchlist Voucher List
01/19/2022 2:07:27PM CITY OF SANTEE
Bank code: ubqen
Voucher Date Vendor Invoice PO#
129470 1/19/2022 10556 HECKMAN, HEATHER 12292021
129471 1/19/2022 10256 HOME DEPOT CREDIT SERVICES 0151495 53410 129472 1/19/2022 11864 KIRKLAND PRINTING & MAILING 3156 129473 1/19/2022 10204 LIFE ASSIST INC 1161865 53477
1163097 53477
1163469 53477
1163474 53477
129474 1/19/2022 10174 LN CURTIS AND SONS INV552129 53453 129475 1/19/2022 10079 MEDICO HEALTHCARE LINEN 20531901 53546 20531903 53546
129476 1/19/2022 14464 NE HARDSCAPES Ref000076181
129477 1/19/2022 11665 NGUOI VIET TODAY NEWS 9419
129478 1/19/2022 10344 PADRE DAM MUNICIPAL WATER DIST 29700016- JAN 2022 129479 1/19/2022 10161 PRIZM JANITORIAL SERVICES INC 34235 53498 129480 1/19/2022 10150 PROBUILD 04-0311315 53629
129481 1/19/2022 14435 RESILIENT ROOFING Ref000075414
Description/Account
TUITION REIMBURSEMENT
Total:
MEDIC UNIT SUPPLIES
Total:
ACFR COVER PRINTING
Total:
EMS SUPPLIES
EMS SUPPLIES
EMS SUPPLIES
EMS SUPPLIES
Total:
SAFETY APPAREL
Total:
MEDICAL LINEN SERVICE
MEDICAL LINEN SERVICE FOR STA
Total:
CORRECTED LICENSE TYPE REFU
Total:
CITY CLERK PUBLICATIONS
Total:
CONSTRUCTION METER USAGE 11
Total:
CUSTODIAL SERVICES - OFFICES
Total:
BUILDING MATERIALS & SUPPLIES
Total:
CORRECT PAYMENT - RENEWAL R
Page: 9
Amount
2,500.00
2,500.00
96.17 96.17
26.94 26.94
400.80
486.98
249.22
483.80
1,620.80
277.15
277.15
20.62 13.01
33.63 43.00
43.00 60.00
60.00 472.45
472.45
650.00
650.00
193.79
193.79
57.00 Page: 9
vchlist Voucher List Page: 10
01/19/2022 2:07:27PM CITY OF SANTEE
Bank code: ubqen
Voucher Date Vendor Invoice PO# Description/Account Amount 129481 1/19/2022 14435 14435 RESILIENT ROOFING (Continued) Total: 57.00 129482 1/19/2022 10606 S.D. COUNTY SHERIFF'S DEPT. SHERIFF - OCT 2021 LAW ENFORCEMENT OCT 2021 1,386,671.05 Total: 1,386,671.05
129483 1/19/2022 13089 SATOR SOCCER 482443A 53701 REPLACEMENT SOCCER GOALS l 4,222.80 Total: 4,222.80
129484 1/19/2022 13171 SC COMMERCIAL, LLC 2021149-IN 53480 DELIVERED FUEL 581.60 2029132-IN 53480 DELIVERED FUEL 462.71
2031767-IN 53480 DELIVERED BULK FUEL 561.72
Total: 1,606.03
129485 1/19/2022 13554 SC FUELS 0487173-DEF 53488 FLEET CARD FUELING 14.02 0487173-F 53481 FLEET CARD FUELING 1,474.37
Total: 1,488.39
129486 1/19/2022 10585 SHARP REES-STEALY MEDICAL 363212922 TB TESTING 49.00 363334144 DMV EXAM 114.00
Total: 163.00
129487 1/19/2022 10837 SOUTHWEST TRAFFIC SIGNAL 81332 53587 TRAFFIC SIGNAL SERVICE CALLS 2,491.28 81333 53587 USA MARKOUTS 447.48
81334 53587 TRAFFIC SIGNAL MAINTENANCE 4,032.71
Total: 6,971.47
129488 1/19/2022 11056 STANDARD ELECTRONICS S46058 53510 SECURITY SYSTEM MAINT 804.63 Total: 804.63
129489 1/19/2022 10217 STAPLES ADVANTAGE 3494957976 53466 OFFICE SUPPLIES - PSD 374.33 3495720799 53513 OFFICE SUPPLIES - FINANCE 64.41
Total: 438.74
129490 1/19/2022 10838 STATE OF CA DEPT OF INDUST REL OSIP 69123 WORK COMP ASSESSMENT 27,750.74 Total: 27,750.74
129491 1/19/2022 10119 STEVEN SMITH LANDSCAPE INC 48539 53417 A 1 LANDSCAPE SERVICES 49,486.25 48545 53417 A 1 LANDSCAPE SERVICES 41,715.00
--
Page: 10
vchlist
01/19/2022 2:07:27PM
Bank code : ubqen
Voucher List
CITY OF SANTEE
Page: 11
Voucher
129491
Date Vendor Invoice PO # Description/Account Amount
129492
129493
129494
129495
129496
1/19/2022 10119 10119 STEVEN SMITH LANDSCAPE INC (Continued) 1/19/2022 10250 THE EAST COUNTY
1/19/2022 14450 TOMCO RETAIL CONSTRUCTION
1/19/2022 11305 VELOCITY TRUCK CENTERS
1/19/2022 10136 WEST COAST ARBORISTS INC
1/19/2022 10537 WETMORE'S
37 Vouchers for bank code : ubgen
37 Vouchers in this report
Prepared by: /� .5 ()!,,..�
Dale f/lf/1-6J4.- � Apprn"d
.
bf --z;:-g-.;W:
Date: 0'9/z2-
00113409
RFD-CD21029S
101419
180625
180626
06P26227
53574
53472
53070
53503
53475
Total:
CLERK OFFICE PUBLICATIONS
Total:
DEPOSIT REFUND OLD NAVY
Total:
VEHICLE REPAIR
91,201.25
675.50
675.50
5,638.15
5,638.15
35.49 Total : 35.49
URBAN FORESTRY
URBAN FORESTRY MANAGEMENT
Total:
VEHICLE REPAIR PARTS
Total:
9,520.00
13,736.40
23,256.40
67.98 67.98
Bank total : 1,586,597.12
Total vouchers : 1,586,597.12
Page: 11
vchlist Page: 12
01/26/2022 12:07:49PM
Voucher List
CITY OF SANTEE
Bank code: ubqen
Voucher
1060
Date Vendor Invoice PO# Description/Account Amount
1/26/2022 10401 US BANK TRUST
1 Vouchers for bank code : ubgen
1 Vouchers in this report
App roved by: S:::::S-c::".:s::
Date: J / l (f / 2 0 l Z..
1893085 DEBT SERVICE TARB 2016A 1,659,585.71
Total : 1,659,585.71
Bank total: 1,659,585.71
Total vouchers : 1,659,585.71
Page: 12
vchlist Voucher List Page: 13
01/26/2022 2:18:26PM CITY OF SANTEE
Bank code: ubqen
Voucher Date Vendor Invoice PO# Description/Account Amount 129497 1/26/2022 12724 AMERICAN FIDELITY ASSURANCE D414257 VOLUNTARY INS-AM FIDELITY 4,969.06 Total: 4,969.06
129498 1/26/2022 12903 AMERICAN FIDELITY ASSURANCE CO 6042764A FLEXIBLE SPENDING ACCOUNT 2,069.64 Total: 2,069.64
129499 1/26/2022 10208 ANTHEM EAP 81537 EMPLOYEE ASSISTANCE PROGRAI 273.06 Total: 273.06
129500 1/26/2022 12722 FIDELITY SECURITY LIFE 165097571 EYEMED - VOLUNTARY VISION 1,038.34 Total : 1,038.34
129501 1/26/2022 10508 LIFE INSURANCE COMPANY OF January 2022 LIFE INSURANCE 2,537.52 Total: 2,537.52
129502 1/26/2022 14452 MEDICAL AIR SERVICES ASSC, MASA 1169360 MEDICAL AIR TRANSPORT SVCS 84.00 Total: 84.00
129503 1/26/2022 14458 METROPOLITAN LIFE INSURANCE 70401964 DENTAL INSURANCE 11,511.34 Total: 11,511.34
129504 1/26/2022 14458 METROPOLITAN LIFE INSURANCE 70401965 VOLUNTARY LEGAL 189.00 Total: 189.00
129505 1/26/2022 10784 NATIONAL UNION FIRE INSURANCE January 2022 VOLUNTARY AD&D 74.50 Total: 74.50
129506 1/26/2022 10335 SAN DIEGO FIREFIGHTERS FEDERAL January 2022 LONG TERM DISABILITY-SFFA 1,475.00 Total: 1,475.00
129507 1/26/2022 10424 SANTEE FIREFIGHTERS PPE 01/19/22 DUES/PEC/BENEVOLENT/BC EXP 3,353.49 Total: 3,353.49
129508 1/26/2022 12892 SELMAN & COMPANY, LLC January 2022 ID THEFT PROTECTION 210.00 Total: 210.00
129509 1/26/2022 10776 STATE OF CALIFORNIA PPE 01/19/22 WITHHOLDING ORDER 449.53 Page: 13
vchlist
01/26/2022 2:18:26PM
Voucher List
CITY OF SANTEE
Bank code: ubqen
Voucher
129509
129510
129511
Date Vendor Invoice PO #
1/26/2022 10776 10776 STATE OF CALIFORNIA
1/26/2022 14467 TEXAS LIFE INSURANCE COMPANY
1/26/2022 10001 US BANK
15 Vouchers for bank code: ubgen
15 Vouchers in this report
S1/J��Q_
Date: -?z!,}::L_
Approved by: �
Date: Ill (4 / l.(l Z. L
(Continued)
SMOFOU20220117001
PPE 01/19/22
-------
Description/Account
Total:
VOLUNTARY INS RIDERS
Total:
PARS RETIREMENT
Total:
Bank total:
Total vouchers
Page: 14
Amount
449.53
246.00
246.00
610.46
610.46
29,090.94
29,090.94
Page: 14
vchlist Voucher List
01/27/2022 10:51 :16AM CITY OF SANTEE
Bank code: ub�en
Voucher Date Vendor Invoice
129512 1/27/2022 11445 AMERICAN MESSAGING 75933
129513 1/27/2022 14306 AZTEC LANDSCAPING, INC 0037970-IN 129514 1/27/2022 12951 BERRY, BONNIE F. February 1, 2022 129515 1/27/2022 10019 BERT W SALAS INC GIP 2021-21 #3
GIP 2021-21 #3R
129516 1/27/2022 10020 BEST BEST & KRIEGER LLP LEGAL SVS DEC 2021 129517 1/27/2022 11513 BOND, ELLEN 02012022-263
129518 1/27/2022 13292 BORDER TIRE 8027475
8027838
129519 1/27/2022 10668 CALIFORNIA BUILDING STANDARDS OCT-DEC 2021 129520 1/27/2022 10478 CALIFORNIA DEPARTMENT OF 2021 SALES TAX OCT- DEC 2021
129521 1/27/2022 10876 CANON SOLUTIONS AMERICA INC 4040431373 4040431374
129522 1/27/2022 11402 CARROLL, JUDI 02012022-96
PO# Description/Account
FD PAGER SERVICE
Total:
53493 CUSTODIAL SERVICES - PARKS
Total:
RETIREE HEALTH PAYMENT
Total:
53594 SANDSTONE DR & WOODPECKER
RETENTION
Total:
LEGAL SVS DEC 2021
Total:
MEADOWBROOK HARDSHIP
Total:
53406 TIRES
53406 TIRES
Total:
OCT-DEC 2021 SB1374 FEES
Total:
2021 CALENDAR YEAR SALES TAX
OCT- DEC 2021 USE TAX
Total:
53552 SCANNER MAINTENANCE
53552 PLOTIER MAINT & USAGE
Total:
MEADOWBROOK HARDSHIP
Total:
Page: 15
Amount
164.01
164.01
4,184.71
4,184.71
91.00 91.00
61,907.50
-3,095.38
58,812.12
70,337.83
70,337.83
77.47 77.47
481.05
1,443.14
1,924.19
561.60
561.60
441.00
1,164.00
1,605.00
106.46
27.84 134.30
77.66 77.66
Page: 15
vchlist Voucher List
01/27/2022 10:51 :16AM CITY OF SANTEE
Bank code : ubQen
Voucher Date Vendor Invoice
129523 1/27/2022 10031 CDW GOVERNMENT LLC Q438014
129524 1/27/2022 10032 CINTAS CORPORATION #694 4106621948 129525 1/27/2022 12328 CINTAS CORP. #2 5089247149
129526 1/27/2022 11409 CLAYTON, SYLVIA 02012022-340
129527 1/27/2022 10035 COMPETITIVE METALS INC 428053
129528 1/27/2022 10268 COOPER, JACKIE February 1, 2022
129529 1/27/2022 12153 CORODATA RECORDS RS4756147
129530 1/27/2022 11862 CORODATA SHREDDING INC DN1343762 129531 1/27/2022 10358 COUNTY OF SAN DIEGO 22CTOFSAN06
129532 1/27/2022 10486 COUNTY OF SAN DIEGO 01052022A
129533 1/27/2022 10486 COUNTY OF SAN DIEGO 01052022B
129534 1/27/2022 10040 COUNTYWIDE MECHANICAL SYSTEMS 44638 45288
129535 1/27/2022 10333 COX COMMUNICATIONS 052335901- DEC PO# Description/Account
SOFTWARE RENEWAL
Total:
53483 UNIFORM/PARTS CLEANER RNTL
Total:
53557 FIRST-AID KIT SERVICE
Total:
MEADOWBROOK HARDSHIP
Total:
53434 VEHICLE REPAIRS
Total:
RETIREE HEALTH PAYMENT
Total:
53565 RECORD STORAGE, RETRIEVAL
Total:
53566 SECURE DESTRUCTION SERVICES
Total:
53559 SHERIFF RADIOS
Total:
COUNTY RECORDER FEE - NOE
Total:
COUNTY RECORDER FEE - NOE
Total:
53436 HVAC MAINT & REPAIRS
53436 HVAC MAINT & REPAIRS
Total:
8950 COTTONWOOD AVE
Page: 16
Amount
2,412.00
2,412.00
66.51 66.51
165.44
165.44
81.27 81.27
465.63
465.63
91.00 91.00
528.00
528.00
88.69 88.69
3,705.00
3,705.00
50.00 50.00
50.00 50.00
934.36
5,741.95
6,676.31
183.38
Page: 16
vchlist Voucher List
01/27/2022 10:51 :16AM CITY OF SANTEE
Bank code: ub!'.:jen
Voucher Date Vendor Invoice
129535 1/27/2022 10333 10333 COX COMMUNICATIONS (Continued) 129536 1/27/2022 10142 CSA SAN DIEGO COUNTY 748
129537 1/27/2022 13129 DAVID TURCH AND ASSOCIATES 12302021 129538 1/27/2022 10433 DEPARTMENT OF CONSERVATION OCT-DEC 2021 129539 1/27/2022 14347 DIAMOND EDUCATION 1011
129540 1/27/2022 12483 DISCOUNT SIGNS AND BANNERS 5548
5564
129541 1/27/2022 11017 DIVISION OF THE STATE AB1379 OCT-DEC 2021 129542 1/27/2022 12593 ELLISON WILSON ADVOCACY, LLC 2022-01-10 129543 1/27/2022 10057 ESGIL CORPORATION 12/2021
129544 1/27/2022 10251 FEDERAL EXPRESS 7-628-81258
129545 1/27/2022 12271 FERNO WASHINGTON INC 896403
129546 1/27/2022 13044 FIELDTURF USA, INC 682557
129547 1/27/2022 10065 GLOBAL POWER GROUP INC 78162
PO# Description/Account
Total:
53684 CDBG SUBRECIPIENT
Total:
53644 DAVID TURCH & ASSOCIATES
Total:
OCT- DEC 2021 SMIP FEES
Total:
53595 CONTINUING ED/QA/QI PROGRAM
Total:
53439 IDENTIFICATION DECALS
53439 IDENTIFICATION DECALS
Total:
AB1379 OCT - DEC 2021
Total:
53567 LEGISLATIVE ADVOCACY SERVICES
Total:
SHARE OF FEES
Total:
SHIPPING CHARGES
Total:
53615 CHAIR COT GURNEY
Total:
53568 SYNTHETIC TURF MAINTENANCE
Total:
53445 ELECTRICAL REPAIRS & MAINT
Total:
Page: 17
Amount
183.38
1,860.71
1,860.71
15,000.00
15,000.00
2,004.87
2,004.87
2,314.50
2,314.50
35.58 23.79
59.37 354.40
354.40
1,500.00
1,500.00
70,139.72
70,139.72
41.89 41.89
10,242.60
10,242.60
8,902.76
8,902.76
426.57
426.57
Page: 17
vchlist Voucher List
01/27/2022 10:51:16AM CITY OF SANTEE
Bank code: ubQen
Voucher Date -- Vendor Invoice
129548 1/27/2022 14392 GOFORTH & MARTI, G/M BUSINESS 0273053-IN 0273054-IN
129549 1/27/2022 11875 HALL, RONN 2021
129550 1/27/2022 11196 HD SUPPLY FACILITIES 9198803337
9198838133
129551 1/27/2022 10600 HINDERLITER, DE LLAMAS & ASSOC SIN014007 129552 1/27/2022 14370 HPS MECHANICAL, INC 2753-01
129553 1/27/2022 12591 IMS INFRASTRUCTURE 50390-2
129554 1/27/2022 11864 KIRKLAND PRINTING & MAILING 3199 129555 1/27/2022 10906 KRONOS INC 11859342
129556 1/27/2022 10984 LEONARD, TIM 01192022
129557 1/27/2022 10174 LN CURTIS AND SONS INV557705
129558 1/27/2022 14152 MYSTERY RANCH IN159954
129559 1/27/2022 13056 PACIFIC SWEEPING 154600PS
PO# Description/Account
53663 DINING/TRAINING ROOM CHAIRS
53663
53663 DINING/TRAINING ROOM CHAIRS
Total:
ICSC CONVENTION
Total:
53409 STATION SUPPLIES
53409 STATION SUPPLIES
Total:
53570 2021 DEC CANNABIS MGMT PROG
Total:
53626 PLUMBING REPAIRS & RELATED
Total:
53639 PAVEMENT CONDITION REPORT
Total:
CENTRAL SUPPLIES-WINDC:iv'V
Total:
53704 ANNUAL SOFTWARE SUPPORT
Total:
EMPLOYEE REIMBURSEMENT
Total:
53715 SAFETY APPAREL
Total:
53456 SAFETY EQUIPMENT
Total:
53497 STREET SWEEPING SVCS
Page: 18
Amount
10,642.48
7,777.22
18,419.70
397.48
397.48
122.80
207.14
329.94
375.00
375.00
376.00
376.00
6,246.25
6,246.25
751.02
751.02
3,872.49
3,872.49
250.00
250.00
1,310.24
1,310.24
1,713.23
1,713.23
16,109.25
Page: 18
vchlist Voucher List
01/27/2022 10:51:16AM CITY OF SANTEE
Bank code : ubQen
Voucher Date Vendor Invoice
129559 1/27/2022 13056 13056 PACIFIC SWEEPING (Continued) 129560 1/27/2022 10344 PADRE DAM MUNICIPAL WATER DIST 90000366- DEC 2021 129561 1/27/2022 11442 PATTERSON, LUANNE 02012022-225
129562 1/27/2022 10161 PRIZM JANITORIAL SERVICES INC 34241 34242
129563 1/27/2022 10101 PROFESSIONAL MEDICAL SUPPLY B017636 B017637
129564 1/27/2022 12062 PURETEC INDUSTRIAL WATER 1946451 1946452
1946453
129565 1/27/2022 10095 RASA 5584
129566 1/27/2022 12237 RAYON, KYLE February 1 , 2022
129567 1/27/2022 12256 ROE, DARLENE 02012022-318
129568 1/27/2022 14415 SAN DIEGO FOOD SYSTEM ALLIANCE 4251 129569 1/27/2022 13061 SAN DIEGO HUMANE SOCIETY & Jan-22 129570 1/27/2022 10768 SANTEE SCHOOL DISTRICT 9125
PO# Description/Account
Total:
GROUP BILL-USAGE
Total:
MEADOWBROOK HARDSHIP
Total:
53498 CUSTODIAL SERVICES - OFFICES
53498 CUSTODIAL SERVICES - OFs.:ICES
Total:
53412 OXYGEN CYLINDERS & REFILLS
53412 OXYGEN CYLINDERS & REFILLS
Total:
53592 DEIONIZED WATER SERVICE
53592 DEIONIZED WATER SERVICE
53558 DEIONIZED WATER SERVICE
Total:
53630 MAP CHECK
Total:
RETIREE HEALTH PAYMENT
Total:
MEADOWBROOK HARDSHIP
Total:
53668 SB 1383 REQUIREMENTS
Total:
53530 ANIMAL CONTROL SERVICES
Total:
53500 JOINT USE FIELDS - RIO SECO
Page: 19
Amount
16,109.25
23,265.36
23,265.36
74.92 74.92
600.00
3,419.67
4,019.67
111.60
111.60
223.20
57.42 38.29
38.29 134.00
350.00
350.00
91.00 91.00
78.74 78.74
400.00
400.00
36,794.00
36,794.00
517.92
Page: 19
vchlist Voucher List
01/27/2022 10:51 :16AM CITY OF SANTEE
Bank code: ubi:ien
Voucher Date Vendor Invoice
129570 1/27/2022 10768 10768 SANTEE SCHOOL DISTRICT (Continued) 129571 1/27/2022 13171 SC COMMERCIAL, LLC 2033203-IN
2035656-IN
129572 1/27/2022 13554 SC FUELS 0491104-DEF
0491104-F
129573 1/27/2022 14038 SINGH GROUP INC 40854
129574 1/27/2022 13162 SOCAL PPE 3095
129575 1/27/2022 10314 SOUTH COAST EMERGENCY VEHICLE 506565 506572
129576 1/27/2022 14265 SOUTHLAND PAVING INC 6 - CIP 2020-24 6R-CIP 2020-24
129577 1/27/2022 10837 SOUTHWEST TRAFFIC SIGNAL 81377
81378
129578 1/27/2022 14240 SPICER CONSUL TING GROUP 0942
129579 1/27/2022 11403 ST. JOHN, LYNNE 02012022-78
129580 1/27/2022 11056 STANDARD ELECTRONICS S46088
129581 1/27/2022 10217 STAPLES ADVANTAGE 3495720798
PO# Description/Account
Total:
53480 DELIVERED BULK FUEL
53480 DELIVERED BULK FUEL · r.- ·
Total:
53488 FLEET CARD FUELING
53481 FLEET CARD FUELING
Total:
53512 DEAD ANIMAL REMOVAL SERVICE
Total:
TURNOUT RENTAL
Total:
53501 VEHICLE REPAIR PART
53501 VEHICLE REPAIR PART
Total:
53357 SANTEE LAKES STORM DRAIN
RETENTION
Total:
53587 USA MARKOUTS
53587 TRAFFIC SIGNAL SERVICE CALLS
Total:
53327 SPECIAL DISTRICT - DEC 2021
Total:
MEADOWBROOK HARDSHIP
Total:
53510 SECURITY SYSTEM MONITORING
Total:
53513 OFFICE SUPPLIES - FINANCE
Page: 20
Amount
517.92
885.30
986.88
1,872.18
14.09 2,090.23
2,104.32
1,334.30
1,334.30
538.75
538.75
449.53
309.16
758.69
390,151.50
-19,507.58
370,643.92
447.48
2,525.14
2,972.62
2,229.17
2,229.17
77.79 77.79
1,425.00
1,425.00
64.41 Page: 20
vchlist Voucher List Page: 21
01/27/2022 10:51 :16AM CITY OF SANTEE
Bank code: ubQen
Voucher Date Vendor Invoice PO# Description/Account Amount 129581 1/27/2022 10217 STAPLES ADVANTAGE (Continued)
3496196754 53513 OFFICE SUPPLIES - FINANCE 168.04
3496798568 53513 STAPLES CREDIT FOR ITEM -64.41
Total: 168.04
129582 1/27/2022 10119 STEVEN SMITH LANDSCAPE INC 47716 53418 A 2 LANDSCAPE SERVICES 540.00 47717 53502 A 3 LANDSCAPE SERVICES 930.00
47947 53502 A 3 LANDSCAPE SERVICES 1,647.72
47948 53418 A 2 LANDSCAPE SERVICES 2,265.59
48206 53502 A 3 LANDSCAPE SERVICES 2,288.50
48417 53418 A 2 LANDSCAPE SERVICES 137.31
48418 53417 A 1 LANDSCAPE SERVICES 2,991.19
48420 53502 A 3 LANDSCAPE SERVICES 869.63
48428 53418 A 2 LANDSCAPE SERVICES 778.09
48429 53502 A 3 LANDSCAPE SERVICES 503.47
48430 53417 A 1 LANDSCAPE SERVICES 1,532.32
48541 53502 A 3 LANDSCAPE SERVICES 11,447.56
48547 53418 A 2 LANDSCAPE SERVICES 1,190.02
48736 53417 A 1 LANDSCAPE SERVICES 50,386.25
Total: 77,507.65
129583 1/27/2022 10250 THE EAST COUNTY 00113340 53538 INVITATION TO BID - WESTON PARK 875.00 Total: 875.00
129584 1/27/2022 10467 THE EPOCH TIMES IN SAN DIEGO SD056202112 53720 REDISTRICTING PUBLIC HEARING 215.00 Total: 215.00
129585 1/27/2022 10475 VERIZON WIRELESS 9897025326 CELL PHONE SERVICE 1,215.18 9897025327 WIFI SERVICE 1,343.94
Total: 2,559.12
129586 1/27/2022 10537 WETMORE'S 06P26272 53475 VEHICLE REPAIR PARTS 28.02 Total: 28.02
129587 1/27/2022 12930 WILLIAMS, ROCHELLE M. February 1, 2022 RETIREE HEALTH PAYMENT 91.00 Total: 91.00
129588 1/27/2022 12641 WITTORFF, VICKY DENISE February 1, 2022 RETIREE HEALTH PAYMENT 31.00 Page: 21
vchlist
01/27/2022 10:51 :16AM
Bank code: ubQen
Voucher
129588
129589
129590
Date Vendor
1/27/2022 12641 12641 WITTORFF, VICKY DENISE
1/27/2022 10232 XEROX CORPORATION
1/27/2022 10318 ZOLL MEDICAL CORPORATION
79 Vouchers for bank code : ubgen
79 Vouchers in this report
Prepared by:_________________ _
Date: ___________ _
Approved by: �
Date: tJ//2 7/ 2.oZ z..
Voucher List
CITY OF SANTEE
Invoice
(Continued)
015222685
3417815
3418055
3423586
PO#
53540
53420
53420
53420
Description/Account
Total:
COPIER LEASE & CHARGES-PSD
Total:
EMS SUPPLIES
EMS SUPPLIES
EMS SUPPLIES
Total:
Bank total:
Total vouchers
Page: 22
Amount
31.00 318. 10
318.10
326.05
1,039.05
1,979.91
3,345.01
850,574.60
850,574.60
Page: 22
vchlist
01/31/2022
Bank code :
Voucher
61160
61169
682744
682759
6:06:11PM
ubgen
Date Vendor
1/31/2022 10955 DEPARTMENT OF THE TREASURY
1/31/2022 10956 FRANCHISE TAX BOARD
1/28/2022 10959 VANTAGE TRANSFER AGENT/457
1/28/2022 10782 VANTAGEPOINT TRNSFR AGT/801801
4 Vouchers for bank code : ubgen
4 Vouchers in this report
e,eea,! 1CJUJf �
:�:, Date:� ;Jf@u�F -:- ( � j J1
Voucher List
CITY OF SANTEE
Invoice
PPE 01/19/22
PPE 01/19/22
PPE 01/19/22
PPE 01 /19/22
Page:
PO# Description/Account Amount
FED WITHHOLD & MEDICARE Total: 87,982.51
87,982.51
Total:
CA 28,669.22 STATE TAX WITHHELD
28,669.22
ICMA-457 Total: 41,522.29
41,522.29
RETIREE HSA Total: 4,274.36
4,274.36
Bank total: 162,448.38
Total vouchers 162,448.38
Page:
23 23
RESOLUTION NO.
1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTEE, CALIFORNIA,
AWARDING THE CONSTRUCTION CONTRACT FOR THE CITY HALL FIBEROPTIC CABLE REPLACEMENT PROJECT (CIP 2022-30), AND DETERMINING THE
PROJECT IS CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the City Clerk, on the 13th day of January 2022, publicly opened and examined sealed bids for the City Hall Fiberoptic Cable Replacement Project, CIP 2022- 30 (“Project”); and
WHEREAS, the lowest received bid was submitted by Micom, Inc. in the amount of $32,720.00; and
WHERAS, the bid submitted by Micom, Inc. omitted an acknowledgement of Addendum #1, which is a deviation, but because the Addendum was only a clarification on the bid opening date and the bid was submitted prior to the bid opening date, City staff recommends waiving this as an immaterial deviation; and WHEREAS, in accordance with Santee Municipal Code section 3.24.100 (E), Micom, Inc. was found to be the lowest responsive and responsible bidder with their total bid amount of $32,720.00; and
WHEREAS, staff recommends awarding the construction contract to Micom, Inc. in the amount of $32,720.00; and
WHEREAS, staff requests authorization for the City Manager, Director of Development Services or City Engineer to approve change orders in a total amount not to exceed $4,908.00 for unforeseen change orders and additional work; and WHEREAS, $65,000.00 is budgeted in the adopted Capital Improvement Program for the City Hall Fiberoptic Cable Replacement Project in FY 21/22; and WHEREAS, the Project is categorically exempt from environmental review under Sections 15301 (existing facilities) and 15302 (replacement or reconstruction) of the Guidelines to the California Environmental Quality Act (CEQA).
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Santee, California, as follows:
SECTION 1: The omission of the acknowledgement of Addendum #1 is hereby waived as an immaterial deviation, and the construction contract for the City Hall Fiberoptic Cable Replacement Project CIP 2022-30 is awarded to Micom, Inc. as the lowest responsive and responsible bidder in the amount of $32,720.00 and the City Manager is authorized to execute the contract on behalf of the City.
SECTION 2: The City Manager, Director of Development Services or City Engineer is authorized to approve change orders in a total amount not to exceed $4,908.00 for unforeseen change orders and additional work.
RESOLUTION NO.
2 SECTION 3: A categorical exemption is approved pursuant to Sections 15301 and 15302 of the State CEQA Guidelines.
SECTION 4: The City Clerk is directed to certify the adoption of this Resolution.
ADOPTED by the City Council of the City of Santee, California, at a Regular Meeting thereof held this 9th day of February, 2022 by the following roll call vote to wit:
AYES:
NOES:
ABSENT:
APPROVED:
JOHN W. MINTO, MAYOR
ATTEST:
ANNETTE ORTIZ, CMC, CITY CLERK
January 13, 2022
BID RESULTS
Project: City Hall Fiberoptic Cable Replacement Project, CIP 2022-30 Bid Opening Date: January 13, 2022 at 10:00 AM
BIDS RECEIVED:
1. Micom, Inc. $ 32,720.00
License No. 810327
2. GA Technical Services, Inc. $ 32,806.80
License No. 816080
3. Select Electric, Inc. $ 35,795.00
License No. 297034
4. Extenda Networks, Inc. $ 38,609.00*
License No. 1004723
5. Crosstown Electrical & Data, Inc. $ 42,775.00
License No. 756309
* Total bid amount listed above differs from contractor submitted total based on review of unit bid prices.
Engineers Estimate: $ 29,500.00
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTEE, CALIFORNIA APPROVING THE FINAL MAP FOR AN 80-UNIT RESIDENTIAL CONDOMINIUM SUBDIVISION (TM2020-2) AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT. LOCATION: 7739 MISSION GORGE ROAD. APPLICANT: CORNERSTONE COMMUNITIES
WHEREAS, on August 11, 2021, the City Council adopted Resolution No. 074-2021 approving Tentative Map 2020-2, for an 80-unit residential condominium subdivision located at 7739 Mission Gorge Road; and
WHEREAS, the City Council approved and adopted a Mitigated Negative Declaration (State Clearinghouse Number (2021060435) and its associated Mitigation Monitoring and Reporting Program by Resolution No. 074-2021, which fully disclosed, evaluated and mitigated the environmental impacts of the proposed project, including the Tentative Map contemplated in this Resolution. No further environmental review is required for the City to adopt this Resolution; and
WHEREAS, the developer Cornerstone Communities has complied with all provisions of the tentative map approval required for recordation of the Final Map; and WHEREAS, under the direction of the City Engineer the Final Map has been examined and found to be technically correct, in compliance with State law, applicable Municipal Code provisions, and in substantial conformance with the approved Tentative Map.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Santee does hereby approve the Final Map of Tentative Map 2020-2.
BE IT FURTHER RESOLVED that the City Council does hereby authorize the City Manager to execute the Subdivision Improvement Agreement on their behalf and directs the City Clerk to certify approval of the Final Map and the associated Subdivision Improvement Agreement and certify rejection or acceptance of all dedications and easements as indicated on the Final Map, and directs staff to submit the map to the County Recorder for recordation.
ADOPTED by the City Council of the City of Santee, California, at a Regular Meeting thereof held this 9th day of February 2022, by the following vote to wit:
AYES:
NOES:
ABSENT:
APPROVED:
JOHN W. MINTO, MAYOR
ATTEST:
ANNETTE ORTIZ, CMC, CITY CLERK
AERIAL VICINITY MAP
Laurel Heights TM2020-2
Remainder
Parcel
Laurel Heights
RESOLUTION NO.
RESOLUTION AUTHORIZING ADDITIONAL CHANGE ORDER AUTHORIZATION FOR THE STREETLIGHT MAINTENANCE CONTRACT WITH CTE, INC. FOR FY 2021-22 AND
APPROPRIATING FUNDS
WHEREAS, the City contracts with CTE for annual street light maintenance services with a current contract amount of $38,823.06 and an authorized change order amount of $7,721.06 for a current total contract amount of $46,544.12; and
WHEREAS, in the current fiscal year through December 2021, an abnormal number of streetlight knockdowns have occurred primarily due to reckless driving (12 total while in a typical year it is around five) with the total repair cost estimated to be $45,000.00; and WHEREAS, the repairs for the knockdowns will deplete the current contract amount and necessitate additional contract change order authorization; and WHEREAS, staff requests that Council authorize the City Manager, City Engineer or Director of Development Services to execute additional change orders in an amount not to exceed $40,700.00 which would bring the total authorized contract amount with CTE to $87,244.12; and WHEREAS, there are sufficient reserve balances in the Santee Roadway Lighting District funds for Zone A and Zone B for the additional change orders; and WHEREAS, staff requests that Council appropriate funds from the Santee Roadway District available reserve balances in the amount of $5,900.71 (Zone A) and $13,152.06 (Zone B) for a total amount of $19,052.77.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Santee, California, as follows:
SECTION 1: Authorize the City Manager, City Engineer or Director of Development Services to execute additional change orders in an amount not to exceed $40,700.00.
SECTION 2: Appropriate Santee Roadway Lighting District funds in the amount of $5,900.71 (Zone A) and $13,152.06 (Zone B) for a total amount of $19,052.77.
SECTION 3: The City Clerk is directed to certify the adoption of this Resolution.
ADOPTED by the City Council of the City of Santee, California, at a regular meeting thereof held this 9th day of February, 2022 by the following roll call vote to wit:
AYES:
NOES:
ABSENT:
APPROVED:
JOHN W. MINTO, MAYOR
ATTEST:
ANNETTE ORTIZ, CMC, CITY CLERK
STAFF REPORT
CONSIDERATION OF REVISED CITY COUNCIL DISTRICT ELECTORAL BOUNDARIES AS REQUIRED BY ELECTIONS CODE SECTION 21621
February 9, 2022 Council Meeting
BACKGROUND
Pursuant to Election Code section 21621, charter cities with by-district election systems are required to redraw their district boundary maps to ensure compliance with the California and federal Voting Rights Acts. The process to complete the redistricting requires a minimum of four public hearings and dedicated public outreach to ensure minority populations and communities of interest are aware of the redistricting effort and are provided with options to participate. The City held its first public hearing on October 13, 2021 and its second public hearing on November 10, 2021. The third public hearing was held on January 26, 2022. The deadline for Santee to complete the redistricting process is April 17, 2022.
DISCUSSION
The City adopted its current district boundaries in 2018, following the transition to districtbased elections and based on 2010 census data as required by law. The districts must now be redrawn using the 2020 census data and in compliance with the FAIR MAPS Act, which was adopted by the California legislature as AB 849 and took effect January 1, 2020.
Under the Act, the City Council shall draw and adopt boundaries using the following criteria in the listed order of priority (Elections Code 21621(c)):
1. Comply with the federal requirements of equal population and the Voting Rights Act
2. Be geographically contiguous
3. Undivided neighborhoods and “communities of interest” (socio-economic geographic areas that should be kept together)
4. Display easily identifiable boundaries
5. Be compact (do not bypass one group of people to get to a more distant group of people)
6. Shall not favor or discriminate against a political party Once the prioritized criteria are met, other traditional districting principles can be considered, such as:
1. Minimize the number of voters delayed from voting in 2022 to 2024
2. Respect voters’ choices/continuity in office
3. Future population growth
By law, the City must hold at least four public hearings that enable community members to provide input on the drawing of district maps:
1. At least one hearing must occur before the city or county draws draft maps
2. At least two hearings must happen after the drawing of draft maps
3. The fourth hearing can happen either before or after the drawing of draft maps
4. City or county staff or consultants may hold a public workshop instead of one of the required public redistricting hearings
To increase the accessibility of these hearings, cities and counties must take the following steps:
1. At least one hearing must occur on a Saturday, Sunday, or after 6:00 p.m. on a weekday
2. If a redistricting hearing is consolidated with another local government meeting, the redistricting hearing must begin at a pre-designated time
3. Local public redistricting hearings must be made accessible with people with disabilities
Analysis of the City’s current district boundaries, adjusted for the 2020 Census data, shows the districts remain population-balanced. The City’s population is 60,162. The ideal district population is one-fourth of that number, or 15,040.
Determining population balance is done by measuring the spread, or deviation, between the least populated district and the greatest populated district. Deviations of 10% or less are generally considered acceptable under U.S. Supreme Court rulings on equal protection.
The current population of District 1 is under the ideal at -3.46% while District 2 is over the ideal at 4.05%. Combined, those deviations bring the City’s current total deviation to
7.51%. As such, the district boundaries do not need be adjusted to achieve a population balance with less than a 10% deviation. While the City Council may choose to revise district boundaries to achieve a lower population deviation or to consider specific communities of interest, it is not required to revise the districts under the constitutional requirements for equal protection.
Another consideration is the distribution of minority voters throughout the City, and whether there is a possibility of creating a majority/minority voting district as required under the federal Voting Rights Act. This analysis involves reviewing the ethnicity demographics from the census data, specifically citizens of voting age populations (CVAP). Upon review of the City’s CVAP data, creation of a majority/minority voting district (a district in which an identified minority comprises the majority of voting age population) is likely not possible while remaining in compliance with regard to the other mapping requirements noted above. The City’s total combined minority CVAP population is low, 27%, and the dispersed nature of all minorities makes it difficult to create a majority/minority voting district. A complete demographic breakdown of the existing districts is attached to this report.
The purpose of this public hearing is to review draft maps, to inform the public about the districting process, and to hear from the community on factors that must be taken into consideration for district boundaries. The public is requested to provide input regarding communities of interest and other local factors that should be considered for district maps.
A community of interest under the relevant Elections Code for cities (Section 21621(c) is, “a population that shares common social or economic interests that should be included within a single district for purposes of its effective and fair representation.” Possible features defining community of interest might include, but are not limited to:
1. School attendance areas;
2. Natural dividing lines such as major roads, hills, or highways;
3. Areas around parks and other neighborhood landmarks;
4. Common issues, neighborhood activities, or legislative/election concerns; and
5. Shared demographic characteristics, such as:
o Similar levels of income, education, or linguistic insolation; o Languages spoken at home; and
o Single-family and multi-family housing unit areas.
The City’s current district boundary map (Map Option 1) is illustrated below:
Given that the City’s existing Council district boundaries are in compliance with state and federal law governing district-based elections, the City’s Redistricting consultant prepared one additional draft map option for Council’s consideration at the public hearing held on January 26, 2022. The map is summarized below, and accompanying demographic information may be found attached to this report (Attachment).
Map Option 2 (previously Option B)
Map Option 2 is a relatively minor population balance adjustment that closely resembles the current boundary map, particularly with regard to the intersection of all four districts and the relative compact shape of the districts, taking into consideration the unique geography of the City’s boundaries. Option 2 does not create a majority/minority voting district, as the City’s minority population does not rise to the level where creation of such a district is possible. Option 2 exhibits a deviation of 4.86%, as compared to the current deviation of 7.51%. The map preserves the core of existing districts and complies with the requirements of the Fair Maps Act as outlined above. A complete demographic analysis is attached to this report.
At the public hearing on January 26, 2022, the Council expressed a desire to see revisions to Map Option 2, along with considering any maps that may be submitted by the public using the online mapping tool. The online mapping tool became “live” immediately following the January 26, 2022 public hearing, and may be accessed at the following link:
https://mapsantee.org/?page_id=10.
1 At the time of agenda production, no maps had
been submitted by members of the public. Should maps be submitted prior to the public hearing, the City’s redistricting consultant will endeavor to present those maps at the hearing for Council’s review. The City’s consultant has prepared a revision to Map Option 2, which is summarized below.
Further, an online tool for closely examining the boundaries, with zoom and search capabilities, may be found here:
https://www.google.com/maps/d/u/0/viewer?mid=13GX4WpEGkJXBAVg17oYJ0yOC5dYdX2p&ll=32.85919150786184%2C-116.98819700000001&z=13 Map Option 3
1 In order to use the free online tool, users are required to create a free account, and follow detailed instructions. Links to create the account and to read the instructions are provided at the above link.
Option 3 addresses the commercial center at the intersection of Mission Gorge Road and Cuyamaca Street, placing the center wholly in District 2. It also moves the Santana High School property and a few adjacent residential properties into District 1. It exhibits a deviation of 4.73%, down slightly from Option 2, upon which it was based. Like Option 2, it closely resembles the City’s current district boundaries, and creates compact and contiguous districts. Option 3 does not create a majority/minority voting district, as the City’s minority population does not rise to the level where creation of such a district is possible. A complete demographic breakdown is attached to this report.
NEXT STEPS
The Council may, at tonight’s hearing, narrow its focus and select a preferred map. In that instance, staff will return at the March 9, 2022 City Council meeting with an introduction of an Ordinance approving a final map at the fourth public hearing. If at tonight’s hearing the Council requests additional revisions, those revisions will be presented at a fifth public hearing, which may be scheduled for March 23, 2022. Should additional public hearings be necessary to identify and select a preferred map, they will be scheduled accordingly.
As stated above, the deadline for the City of Santee to complete the redistricting process is April 17, 2022.
RECOMMENDATION
1. Receive a report from staff and the City’s redistricting consultant on the redistricting process and review draft maps to redraw district boundaries; and
2. Conduct a public hearing to receive public input on district boundaries.
3. Select a preferred map.
Attachment
Proposed Map and Demographic
Analysis
Map Option 1 (Existing Districts)
District
Total
Population
Raw
Deviation
%
deviation
NL*
White
Alone Latino
CVAP*19
Total
CVAP19
NL
White
CVAP19
NL
Black
CVAP
Hispanic
CVAP19
Not
Hispanic
CVAP19
NL
AIAN***
CVAP19
NL ASIAN
CVAP19
NL
Hawaiian
CVAP19
NL Other
1 14520 -520.5 -3.46% 9669 2701 10273 7660 311 1431 8890 31 430 44 127 2 15650 609.5 4.05% 9404 3748 12346 8781 440 1792 10519 122 822 49 75 3 15363 322.5 2.14% 9186 3392 10952 7913 207 1741 9207 105 569 28 60 4 14629 -411.5 -2.74% 9583 2706 10455 7842 109 1420 9015 37 587 3 100
Tot Pop 60162
Ideal 15040.5
Deviation 7.51%
*NL = Non-Latino
**CVAP = Citizen Voting Age Population
***AIAN = American Indian Alaskan Native
Map Option 2 ( previously B)
District
Total
Population
Raw
Deviation
%
Deviation
NL* White
Alone Latino
CVAP**19
Total
CVAP19
NL White
CVAP19
NL Black
CVAP
Hispanic
CVAP19
Not
Hispanic
CVAP19
NL
AIAN***
CVAP19
NL ASIAN
CVAP19
NL
Hawaiian
CVAP19
NL Other
1 15,006 (35) -0.23% 10,022 2,754 10,692 8,006 313 1,458 9,296 35 450 44 127 2 15,167 127 0.84% 8,992 3,786 11,925 8,387 440 1,817 10,050 126 802 49 66 3 15,360 320 2.12% 9,245 3,301 10,954 7,961 205 1,689 9,270 97 569 28 69 4 14,629 (412) -2.74% 9,583 2,706 10,455 7,842 109 1,420 9,015 37 3 587 100 Total 60,162
Ideal 15,041
Deviation 4.86%
*NL = Non-Latino
**CVAP = Citizen Voting Age Population
***AIAN= American Indian Alaskan Native
Map Option 3
District
Total
Population
Raw
Deviation % Deviation Latino
NL* White
Alone
CVAP**19
Total
CVAP19
NL White
CVAP19
NL Black
CVAP
Hispanic
CVAP19
Not
Hispanic
CVAP19
NL
AIAN***
CVAP19
NL ASIAN
CVAP19
NL
Hawaiian
CVAP19
NL Other
1 15,309 268.50 1.79% 2,805 10,223 10,907 8,171 315 1,492 9,478 35 455 44 127 2 14,883 -157.50 -1.05% 3,735 8,798 11,730 8,231 444 1,783 9,890 126 800 49 66 3 15,341 300.50 2.00% 3,301 9,238 10,934 7,952 199 1,689 9,248 97 566 28 69 4 14,629 -411.50 -2.74% 2,706 9,583 10,455 7,842 109 1,420 9,015 37 3 587 100 Total 60,162
Ideal 15,041
Deviation 4.73%
*NL = Non Latino
**CVAP = Citizen Voting Age Population
***AIAN = Amerian Indian Alaskan Native
STAFF REPORT
A PUBLIC HEARING TO ASSESS COMMUNITY DEVELOPMENT NEEDS AND TO SOLICIT PROPOSALS FOR PROGRAM YEAR 2022 COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) AND HOME PROGRAM FUNDING CONSISTENT WITH
THE CONSOLIDATED PLAN
CITY COUNCIL MEETING OF FEBRUARY 9, 2022
A. CDBG BACKGROUND
The Community Development Block Grant (CDBG) program is administered by the U.S. Department of Housing and Urban Development (HUD). Cities with over 50,000 in population (“Entitlement Cities”) are provided the opportunity to apply for a direct allocation of CDBG funds. Entitlements are based on a formula that factors in population, the extent of poverty, housing overcrowding, and age of housing.
Each city must develop a five-year Consolidated Plan and a one-year Action Plan which is updated each year and reflects input received from citizens.
B. CDBG PROGRAM GUIDELINES
CDBG activities proposed by the City must meet CDBG regulations regarding program objectives and eligibility criteria. Determination of project eligibility is a two-step process. Each program/project must meet one of three National Objectives of the CDBG program and it must also be consistent with program regulations as an appropriate activity.
The primary CDBG objective is the development of viable communities, including decent housing and a suitable living environment, and the expansion of economic opportunity, principally for persons of low- and moderate-income. Each activity must meet one of the following national objectives:
1. Benefit low- and moderate-income families.
At least 70 percent of the grantee’s allocation must be spent for activities benefiting low- and moderate-income City residents. The three most common ways of meeting this objective are:
a. Activities that benefit an area dominated by a low-income population. b. Activities requiring income data for each applicant. c. Activities that benefit a limited clientele who are generally presumed to be principally low- and moderate-income. Categories of limited clientele allowed by HUD include abused children, battered spouses, elderly persons, handicapped persons, homeless persons, illiterate persons and migrant farm workers.
2. Aid in the prevention or elimination of slums or blight.
Activities considered to aid in the prevention or elimination of slums or blight are activities within a delineated area which meets a definition of slum, Staff Report, February 9, 2022
Assess and Prioritize Projects for CDBG and HOME Funding Program Year 2022
blighted, deteriorated, or deteriorating under state or local law, or where there is a substantial number of deteriorating or dilapidated buildings and improvements are needed throughout the area.
3. Address community needs having a particular urgency.
This national objective is rarely used because it is extremely restrictive. The urgent condition must be recent and pose a serious and immediate threat to the health or welfare of the community. There can be no other source of financing available to meet the needs in this category.
C. PUBLIC PARTICIPATION AND ALLOCATION PROCESS
Public participation is an important part of the CDBG process. Two public hearings are required to meet the HUD requirements for citizen participation. In accordance with Code of Federal Regulations (CFR) Title 24, “Housing and Urban Development”, Section 570.704, the City initiated the CDBG application process by publishing a Notice of Funding Availability for Program Year 2022 on December 10, 2021 in the East County Californian, as well as posting the Request for Proposals on the City’s website. Applications were due to the City by January 10, 2022.
Notice of the February 9, 2022 public hearing was published in the East County Californian on January 28, 2022. All applications which were received in accordance with the deadline were made available for public review and comment.
In this way, citizens are afforded an opportunity to examine the contents of all applications received and to provide comments prior to City Council decision on the funding of qualified applications, in compliance with CFR Title 24.
D. AVAILABLE CDBG FUNDS AND REQUESTS FOR FUNDING
The CDBG allocation to the City of Santee for Program Year 2021 was $302,103.
As of January 28, 2022 HUD has not announced the amount that the City of Santee will be allocated for Program Year 2022. However, the schedule for preparation of annual Action Plans by the City of Santee and the County of San Diego requires that public input be solicited at this time and a tentative plan for funding activities in Program Year 2022 be approved and submitted to HUD no later than May 15th.
Due to uncertainty regarding the budget for HUD programs, for planning purposes, staff estimates that the City of Santee’s Program Year 2022 allocation will be $279,789, which is the average of the three prior Program Year allocations and
7.4% less than the PY 2021 allocation. In addition, Program Year 2020 unexpended funds ($25,387) bring the total estimated amount available for allocation in Program Year 2022 to $305,176.
HUD regulations impose a 15% cap on the amount of CDBG funds which can be allocated to Public Service activities and a 20% cap on Administrative Activities (including program income but excluding prior year carry forwards). Prior year carry forwards can only be allocated to Public Facilities.
Staff Report, February 9, 2022
Assess and Prioritize Projects for CDBG and HOME Funding Program Year 2022
Public Facilities Funding
In October 2011, the City Council approved a Section 108 loan (a loan secured by future allocations of CDBG funding) in the amount of $1.4 million. The Section 108 loan funded improvement to Buena Vista Avenue and Railroad Avenue. The final debt service payment on this Section 108 loan was made on July 22, 2021.
Based on the payoff of the Section 108 Loan used for the Buena Vista/Railroad Avenue project staff has analyzed different options for CDBG funded public facility improvements. Based on this analysis staff is recommending the Citywide installation of ADA compliant pedestrian ramps at locations where no ramp exists and the retrofitting of existing pedestrian ramps to conform with current ADA standards. The Citywide ADA Pedestrian Ramp Project would benefit 3,557 Santee residents Citywide that have “ambulatory difficulties” and 1,232 residents that have “vision difficulties” according to the U.S. Census Bureau’s 2019 American Community Survey. This project would also take advantage of economies of scale based on the number of pedestrian ramps that would be installed or improved and allow additional grant funds for street maintenance and repair to be utilized for this purpose and not to improve non-ADA compliant pedestrian ramps.
The Citywide ADA Pedestrian Ramp Project would be funded by a Section 108 loan in the approximate amount of $1.3 million, to be brought to the City Council for consideration in Spring 2022, and $409,511 in Program Years 2021 and 2022 entitlement CDBG fund.
SUMMARY OF ESTIMATED EXPENDITURES
ACTIVITY CAP
AMOUNT
AVAILABLE
PER CAP
AMOUNT
REQUESTED
Public Service Activities 15% $ 41,967 $ 53,000
Administrative Activities 20% $ 55,955 $ 55,955
Public Facilities None $ 207,254 $ 207,254
$ 305,176 $ 316,209
Requested in excess of projected funding $ 11,033
E. HOME PROGRAM
The Home Investment Partnerships (HOME) Program is a federal program administered by the U.S. Department of Housing and Urban Development (HUD).
The intent of the HOME Program is to provide decent affordable housing to lowerincome households, expand the capacity of nonprofit housing providers, strengthen the ability of state and local governments to provide housing and leverage private-sector participation. Eligible HOME program uses include housing acquisition, housing rehabilitation, homebuyer assistance, housing Staff Report, February 9, 2022
Assess and Prioritize Projects for CDBG and HOME Funding Program Year 2022
construction and rental assistance.
Since 1997, the City has used HOME funds for the First Time Homebuyer Program (FTHB), providing down payment assistance via a deferred loan for low-income first-time homebuyers. A total of 108 loans have been funded since the inception of the program.
The City of Santee participates in HOME funding through a consortium comprised of the County of San Diego and the Cities of Encinitas, Carlsbad, La Mesa, San Marcos and Vista to administer Federal HOME funds. The County of San Diego acts as the administrator of the consortium. Low-income persons seeking down payment and closing cost assistance for the purchase of a home in Santee submit an application to the County of San Diego Department of Housing and Community Development for underwriting and loan origination. During Calendar Year 2021, three loans for the purchase of Santee homes were completed.
F. RECOMMENDATION
Open the public hearing, receive public testimony, and continue the public hearing to March 9, 2022.
ATTACHMENT 2
SUMMARY OF REQUESTS
PUBLIC
SERVICES
AMOUNT
OF PY 2022
REQUEST
PROPOSED
USE
PY 2020
ACCOMPLISHMENTS/
PY 2021 GRANT*
1 Cameron Family
YMCA / Santee
Aquatics Center
$5,000 Scholarships for day
camp, swim lessons,
gymnastics, aquatics
and enrichment
activities.
Not a Subrecipient in PY
2020/
PY 2021 Grant: $2,770
2 Crisis House $7,000 Services to assist
victims of domestic
violence and prevent
homelessness.
306 persons assisted/
PY 2021 Grant: $6,660
3 ElderHelp $11,000 Support home-bound
seniors to maintain their
independence through
case management and
home delivered food.
75 persons assisted/
PY 2021 Grant: $3,880
4 Meals-on-Wheels $5,000 Home delivery of meals
to homebound Santee
seniors.
82 persons assisted/
PY 2021 Grant: $4,990
5 Santee Food Bank $20,000 Emergency food
assistance for LMI
Santee residents.
5,825 persons assisted/
PY 2021 Grant: $16,650
6 Santee Santas $0 No request for PY 2022
funds based on
substantial donations
received in 2021.
755 persons assisted/
PY 2021 Grant: $7,030
7 Voices for Children $5,000 Provide Court Appointed
Special Advocates
(CASAs) to assist
income qualified foster
children.
2 persons assisted/
PY 2021 Grant: $3,330
Total Requests: $ 53,000
Projected Cap Amount $ 41,967
*Program Year 2021 Grant amounts do not include CDBG funds that were redirected to coronavirus response activities.
ATTACHMENT 2
SUMMARY OF REQUESTS
ADMINISTRATION
AMOUNT OF
PY 2022
REQUEST
PROPOSED
USE
PY 2020
ACCOMPLISHMENTS/
PY 2021 GRANT
1 CSA San Diego
County
$15,500 On behalf of the City of
Santee, conduct fairhousing testing and
counseling. Provide
tenant/landlord
mediation services.
36 persons assisted with
housing services/
PY 2021 Grant: $15,500
2 City of Santee $ 40,455 Administration of CDBG
Program and
Subrecipient
Agreements.
Maintained compliance with
program regulations.
PY 2021 Grant: $44,922
Total Requests: $ 55,955 (Projected cap amount)
PUBLIC
FACILITIES
AMOUNT OF
PY 2022
REQUEST
PROPOSED
USE
PY 2020
ACCOMPLISHMENTS/
PY 2021 GRANT
1 City of Santee -
Section 108 Loan Debt
Service
$ 0 Debt service for Buena
Vista/ Railroad Avenue
Neighborhood Road
Improvements.
Project complete. Final debt
service payment was made
on July 22, 2021.
3 City of Santee -
Citywide ADA
Pedestrian Ramp
Project
$ 207,254 Citywide installation of
ADA compliant
pedestrian ramps at
locations where no
ramp exists and the
retrofitting of existing
ramps to conform with
current ADA standards.
PY 2021 Grant: $202,257.
Total Requests: $ 207,254 (Projected available
balance)
GRAND TOTAL: $ 316,209
ATTACHMENT 3
APPLICATIONS FOR FUNDING
PUBLIC SERVICES
Cameron Family YMCA………………………………………………………….…1
Crisis House…………………………………………………………………………5
ElderHelp of San Diego……………………………………………………………13
Meals-On-Wheels Greater San Diego County……………………………….…17 Santee Food Bank………………………………………………………………...22
Voices for Children………………...……………………………………………...25
ADMINISTRATION
CSA San Diego County……………………………………….…………………..31
STAFF REPORT
PUBLIC HEARING CONSIDERING A DISPOSITION AND DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF SANTEE AND EXCEL ACQUISITIONS, LLC, FOR DEVELOPMENT OF REAL PROPERTY KNOWN AS PARCEL 4 OF PARCEL MAP 18857 LOCATED IN TROLLEY SQUARE
SANTEE CITY COUNCIL MEETING
FEBRUARY 9, 2022
A. INTRODUCTION
The City recently reacquired a vacant parcel of real property located in Trolley Square in Santee identified as Parcel 4 of Parcel Map 18857 (“Property”), which was previously considered as a potential site for a public library. On August 14, 2019, the City Council determined that the Property was not appropriate for a public library.
City staff have nearly completed negotiations with Excel Acquisitions, LLC (“Excel”) regarding the sale of the Property, which would be completed through a Disposition and Development Agreement (“DDA”). Under the DDA, the City would sell the Property to Excel to be developed as a four-story hotel with a minimum of 89 rooms (plus or minus 5% depending on hotel operator requirements) a breakfast seating area, a pool with a deck, and approximately 64 parking spaces.
On January 26, 2022, in accordance with Government Code section 37420 et seq., the Council adopted a Resolution of Intent (Reso. No. 006-2022) finding that the public interest and convenience require the sale of the Property, declaring its intent to sell the property, and setting the date for tonight’s public hearing. The Resolution of Intent was published in the East County Californian on February 4, 2022 and posted at the Property and at City Hall.
The next step is to hold tonight’s public hearing to consider any protests concerning the sale of the Property.
B. DISCUSSION
Government Code sections 37420 through 37430 provide a procedure for the City to dispose of real property, which does not require the City to offer the property for sale or lease to any other entity.
1 Pursuant to this statutory authority the City must take the following steps:
1. Adopt a resolution finding that public interest and convenience require the sale of the property and announcing the intent to sell the Property. (Gov.
1 Assembly Bill 1486, signed by the Governor on October 9, 2019, established new rules for local agencies’ disposition of surplus land. However, the City is not subject to these new requirements because, prior to September 30, 2019, the City entered into an exclusive negotiating agreement to dispose of the Property. (See Gov. Code § 54234) Pursuant to Government Code section 54234, the changes enacted by AB 1486 will not apply to the disposition of the Property, provided the disposition is completed no later than December 31, 2022.
City Council Meeting, January 8, 2020
Public Hearing Considering a Disposition and Development Agreement with Excel Acquisitions, LLC
Code § 37421.) The resolution shall fix a time for hearing protests to the sale, provide for a publication of the notice of hearing, fix the time final action will be taken and contain an accurate description of the Property to be sold. (Gov. Code § 37422.)
2. Following adoption of the resolution it must be published at least once in a daily newspaper published and circulated in the City. In addition, the City shall post the resolution for at least ten (10) days in at least three (3) conspicuous places upon the Property. (Gov. Code § 37423.)
3. Following the adoption of the resolution the City will accept written protests and hear oral protests at a protest hearing. (Gov. Code § 37424.) In the event that either: (a) no protests are received, or (b) the City Council votes to overrule the protest by a 4/5 majority, the City may proceed with the sale. (Gov. Code § 37425.)
4. Prior to the close of escrow the City Council, acting as the planning body for the City, must find that the location, purpose and extent of the City’s disposition of the Property conforms with the General Plan. (Gov. Code § 65402.)
5. After the public hearing to receive any protests to the sale, the City Council considers the DDA.
As mentioned above, the Council has adopted the Resolution of Intent and it was published and posted in the City as required. Tonight, the Council is being asked to consider the next three steps (steps 3-5) in this process.
The Council is asked to conduct the public hearing, receive any written protests and hear any oral protests to the sale of the Property. If no protests are received, the Council may adopt the resolution approving the DDA (“Resolution of Approval”). If any protests are received, the Council may still adopt the Resolution of Approval, however that Resolution must be adopted by 4/5 vote of the Council.
In the Resolution of Approval, the City finds that the location, purposes and extent of the City’s disposition of real property conforms with the General Plan. (Gov. Code § 65402.) The Resolution of Approval also approves the DDA and authorizes the City Manager to execute the DDA, subject to any non-substantive revisions that do not increase the City’s liability and are approved by the City Attorney.
Attached to the Resolution of Approval is the draft DDA, which includes the following the basic deal points:
1. Buyer: Excel Acquisitions, LLC, a California limited liability company
2. Hotel Operator: Marriot (TownePlace Suites) or Hilton (Home 2 Suites)
3. Purchase Price: Fair Market Price of $1.4 million
4. Development to include:
City Council Meeting, January 8, 2020
Public Hearing Considering a Disposition and Development Agreement with Excel Acquisitions, LLC
a. 4-story hotel with a minimum of 89 rooms (plus or minus 5% depending on hotel operator requirements)
b. Breakfast seating area
c. Pool with a deck
d. Approximately 64 parking spaces
5. Close of escrow: the earlier of (1) thirty (30) business days from confirmation from both the City and Excel of the satisfaction or waiver of all conditions precedent to the close of escrow; (2) thirty (30) business days following Excel’s receipt of City Council approval of entitlements necessary for the Project; or (3) December 15, 2022.
6. Hotel opening: No later than twenty-four (24) months from the issuance of building permit by the City, but no later than June 8, 2027 unless an extension is granted pursuant to the terms of the DDA.
The sale will be at the fair market price. The City hired Horwath HTL to appraise the Property and Horwath HTL determined the Property has a value of $1.4 million.
C. RECOMMENDATION
That the Council:
1. Open the public hearing and receive testimony from the public regarding the proposed sale of the Property;
2. Close the public hearing and, if any protest was received regarding the sale of the Property, overrule the protest by a 4/5 majority vote; and
3. Adopt the Resolution of Approval.
RESOLUTION NO. ___-2022
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTEE, CALIFORNIA,
APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF SANTEE AND EXCEL ACQUISITIONS, LLC, FOR DEVELOPMENT OF REAL PROPERTY KNOWN AS PARCEL 4 OF PARCEL MAP 18857 LOCATED IN
TROLLEY SQUARE
WHEREAS, the City of Santee (“City”) recently reacquired (pursuant to the Quitclaim Deed filed in the San Diego County Recorder’s Office, recorded January 11, 2022, as Document No. 2022-0014763) a vacant parcel of real property located in Trolley Square in Santee identified as Parcel 4 of Parcel Map 18857, and legally described in Exhibit “A” attached to this Resolution and incorporated by reference herein (the “Property”); and
WHEREAS, the Property was previously considered as a potential site for a public library, but on August 14, 2019, the City Council determined that the Property was not appropriate for use as a public library; and
WHEREAS, the City has no economically viable use for the Property at this time, and the City and Excel Acquisitions, LLC, a California limited liability company (“Developer”), have negotiated the terms of a Disposition and Development Agreement (“DDA”), pursuant to which the City would sell the Property to Developer to be developed as a hotel; and
WHEREAS, on January 26, 2022, the City adopted Resolution No. 006-2022 declaring the City’s intention to sell the Property and setting time for a public hearing to consider the sale of the Property; and
WHEREAS, Developer’s proposed acquisition of the Property and the Developer’s anticipated construction on the Property in accordance with the terms of the DDA are in the best interest of the City and of the health, safety and welfare of the City’s taxpayers and residents and are in accordance with the public purposes set forth in applicable law. Implementation of the DDA will further the goals and objectives of the City’s general plan by: (i) strengthening the City’s land-use and social structure, and (ii) resulting in the development of an underutilized property, creating jobs within the City and spurring additional economic growth in the area.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTEE
RESOLVES AS FOLLOWS:
Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
Section 2. Findings. The City Council intends to sell the Property to Developer and, based on the Recitals and all other information and testimony provided, finds that the public interest and convenience require the sale of the Property to Developer. The City has no economically viable use for the Property at this time, and the sale of the Property will increase revenue for the City's General Fund, bring a needed use to the City, and result in the development of an underutilized property, creating jobs within the City and spurring additional economic growth in the area.
Section 3. Hearing and Other Requirements. As required by Government Code section 37423, a duly noticed public hearing was held by the City on February 9, 2022. Pursuant to Government Code section 54234, the City is exempt from the new regulations regarding the disposition of surplus land set forth in AB 1486, because prior to September 30, 2019, the City had entered into an exclusive negotiating agreement for disposition of the Property.
Section 4. CEQA Compliance. The City’s approval of the DDA is not a project subject to CEQA review under State CEQA Guidelines section 15378. The proposed hotel project subject to the DDA was previously analyzed under CEQA in the Supplemental Environmental Checklist for the Arts and Entertainment Overlay District adopted by the City on December 11, 2019. Moreover, Developer’s future use or development of the Property is expressly conditioned on CEQA compliance and obtaining any required entitlements. City shall conduct environmental review, as required under CEQA, prior to taking any discretionary action with regard to any proposed development of the Property.
Section 5. Approval of Agreement. The City hereby approves the DDA, in substantially the form attached to this Resolution as Exhibit “B,” subject to any nonsubstantive revisions that do not increase the City’s liability and are approved by the City Attorney; authorizes the City Manager to sign and enter into the DDA; and directs the City Manager to perform the obligations of the City under the DDA.
Section 6. Severability. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City declares that the City would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.
Section 7. Effective Date. This Resolution shall become effective immediately upon its adoption.
ADOPTED by the City Council of the City of Santee, California, at a Regular Meeting thereof held this 9th day of February, 2022, by the following roll call vote to wit:
AYES:
NOES:
ABSENT:
APPROVED
JOHN W. MINTO, MAYOR
ATTEST
ANNETTE ORTIZ, CMC, CITY CLERK
EXHIBIT “A”
to
Resolution No. ____-2022
Legal Description of the Property
Parcel 4 of Parcel Map 18857
The land referred to herein is situated in the State of California, County of San Diego, City of Santee, and described as follows:
All of Parcel 4, according to Parcel Map 18857, filed in the Office of the County Recorder of San Diego, recorded December 10, 2001, as File No. 2001-0904572.
SEE ATTACHED PARCEL MAP NO. 18857
EXHIBIT “B”
to
Resolution No. ____-2022
Disposition and Development Agreement (Parcel 4 Hotel)
[attached behind this cover page]
60139.00139\32392109.9
DISPOSITION AND DEVELOPMENT AGREEMENT
(Parcel 4 Hotel)
by and between
the
CITY OF SANTEE
a California Charter City,
and
EXCEL ACQUISITIONS, LLC
a California limited liability company
[Dated as of February__, 2022, for reference purposes only] 1 60139.00139\32392109. 9
CITY OF SANTEE
DISPOSITION AND DEVELOPMENT AGREEMENT
(PARCEL 4 HOTEL)
THIS DISPOSITION AND DEVELOPMENT AGREEMENT (Parcel 4 Hotel) (this “Agreement”) is dated as of February __, 2022, for reference purposes only, and is entered into by and between EXCEL ACQUISITIONS, LLC, a California limited liability company (the “Developer”), and the CITY OF SANTEE, a California charter city (the “City”), exercising governmental functions and powers. The City and the Developer enter into this Agreement with reference to the following recited facts (each a “Recital”):
RECITALS
A. The City and the Developer have determined that it is desirable for the Developer to acquire that certain real property owned by the City known as Parcel 4 of Parcel Map 18857 in the City and specifically defined in the definition of the “Property” in Subsection 2.1(ccc) and Exhibit “A” of this Agreement;
B. Developer acknowledges that the Property was previously owned by Kimco Realty Corporation the successor to Vestar Development II, LLC, and was conveyed back, on ____, to the City pursuant to the terms and conditions of that certain Disposition and Development Agreement between the City, its former Redevelopment Agency, and Vestar Development II, LLC (“Vestar DDA”) after the City at the August 14, 2019 Council meeting determined that the site was not appropriate for a public library; C. The Developer has proposed the development of the Property with a 4-story hotel consisting of a minimum of 89 rooms(plus or minus 5% depending upon site restrictions and [Brand] requirements for room type/size and amenities), a breakfast seating area, a pool with deck, and approximately 64 parking spaces, as more particularly described in the definition of “Project” in Subsection 2.1(bbb) of this Agreement; and D. The City desires to sell the Property to the Developer for the development of the Project and the Developer desires to purchase the Property from the City for the same purpose on the terms and conditions set forth in this Agreement.
NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION AND THE
PROMISES AND COVENANTS OF THE PARTIES SET FORTH IN THIS AGREEMENT, THE CITY AND THE DEVELOPER AGREE, AS FOLLOWS:
2 60139.00139\32392109. 9
ARTICLE I
RECITALS AND IDENTITIES OF PARTIES.
Section 1.1 Incorporation of Recitals. The Recitals of fact set forth above are true and correct and are incorporated into this Agreement in their entirety by this reference.
Section 1.2 Parties to the Agreement. The Parties to this Agreement are the City and the Developer.
Section 1.3 Restrictions on Change in Management or Control of the Developer and Assignment or Transfer.
(a) The Developer acknowledges that the qualifications and identity of the Developer are of particular importance to the City. The Developer further recognizes and acknowledges that the City has relied and is relying on the specific qualifications and identity of the Developer in entering into this Agreement with the Developer and, as a consequence, Transfers are permitted only as expressly provided in this Agreement. Except as set forth in this Section 1.3 or other provisions of this Agreement, prior to the Project Completion Date, the Developer shall not sell, assign, convey, create any trust estate with respect to or otherwise Transfer any of its interests in this Agreement, the Parcel, and/or the Project, without the prior written approval of the City Manager.
(b) At least 30 days prior to any such change, the Developer shall notify the City in writing of any and all changes whatsoever in the identity of the business entities or individuals either comprising or in control of the Developer, as well as any and all changes in the interest or the degree of control of the Developer by any such person, of which information the Developer or any of its partners, members or officers are notified or may otherwise have knowledge or information. . The City shall either approve or disapprove of such change within 30 days of receipt of such written notice. This Agreement may be terminated by the City or the City may exercise any other remedy available to the City under the terms of this Agreement, prior to the Project Completion Date, if there is any Transfer, whether voluntary or involuntary, in membership, ownership, management or control of the Developer (other than such changes occasioned by the death or incapacity of any individual) that has not been approved in writing by the City, prior to the time of such Transfer provided, however, that (i) the City shall first notify the Developer in writing of its intention to terminate this Agreement or to exercise any other remedy, and (ii) the Developer shall have twenty (20) calendar days following its receipt of such written notice to commence and, thereafter, diligently and continuously proceed to cure the default of the Developer and submit evidence of the initiation and satisfactory completion of such cure to the City, in a form and substance reasonably satisfactory to the City. (c) Except as expressly permitted in this Agreement, the Developer represents and agrees that it has not made and will not create or suffer to be made or created, any Transfer, either voluntarily, involuntarily or by operation of law, without the prior written approval of the City, until after the Project Completion Date. Any Transfer made in contravention of this Section 1.3 shall be voidable at the election of the City and, if voided, 3 60139.00139\32392109. 9
shall be deemed to be an Event of Default by the Developer, whether or not the Developer knew of or participated in such Transfer.
(d) The Developer is not required to give the City advance notice of a Permitted Transfer, as defined below. Additionally, the City may, in its reasonable discretion, approve in writing any other Transfer requested by the Developer, provided the proposed transferee can satisfactorily demonstrate successful experience in the development, ownership, operation, and management of a hotel of the same type as the Hotel, and expressly assumes in writing all of the obligations of the Developer under this Agreement. All instruments and other legal documents proposed to effect any Transfer shall be submitted to the City for review, prior to the Transfer, and the written approval or disapproval of the City shall be provided to the Developer, within thirty (30) calendar days of the City's receipt of the Developer's request.
ARTICLE II
DEFINITIONS
Section 2.1 Defined Terms. In addition to the usage of certain words, terms or phrases that are defined in the initial paragraph or Recitals of this Agreement, the following words, terms and phrases are used in this Agreement, as follows, unless the particular context of usage of a word, term or phrase requires another interpretation:
(a) “Affiliate” means and refers to any Person, directly or indirectly, Controlling or Controlled by or under common Control with the Developer, whether by direct or indirect ownership of equity interests, by contract or otherwise. (b) “City” means and refers to the City of Santee, California. (c) “City Deed” means and refers to a quitclaim deed in substantially the form of Exhibit “E” to this Agreement, conveying all of the City’s interest in the Property to the Developer.
(d) “City Manager” means and refers to the City Manager of the City or his or her designee or successor in function.
(e) “City Parties” means and refers, collectively, to the City, its governing body, elected officials, employees, agents and attorneys. (f) “City Party” means and refers, individually, to the City, its governing body, elected officials, employees, agents and attorneys. (g) “City’s Title Notice Response” means and refers to the written response of the City to the Developer’s Title Notice, in which the City either elects to (i) cause the removal from the Preliminary Report or, in the alternative, (ii) obtain title insurance in a form reasonably satisfactory to the Developer insuring against any matters disapproved in the Developer’s Title Notice or (iii) elects not to take either action described in (i) or (ii). 4 60139.00139\32392109. 9
(h) “CEQA” means and refers to the California Environmental Quality Act, Public Resources Code Sections 21000, et seq. (i) “Certificate of Completion” means and refers to the written certification of the City that the Project is complete and in compliance with the terms and conditions of this Agreement, in substantially the form of Exhibit “D” to this Agreement. (j) “Claims” For purposes of this Agreement, “Claims” means any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort or contract, at law or in equity, or otherwise), charges, awards, assessments, fines, and penalties of any kind (including consultant and expert expenses, court costs, and reasonable attorney’s fees of counsel retained by the City Parties, expert fees, costs of staff time, and investigation costs, of whatever kind or nature), and judgments, including, but not limited to, Claims for: (1) injury to any person (including death at any time resulting from that injury); (2) loss of, injury or damage to, or destruction of property (including all loss of use resulting from that loss, injury, damage, or destruction) regardless of where located, including the property of the City Parties; (3) any workers’ compensation or prevailing wage determination; and (4) all economic losses and consequential or resulting damage of any kind. (k) “Close of Escrow” means and refers to the recording of the City Deed in the Official Records of the Recorder of the County of San Diego, California, and completion of each of the actions set forth in ARTICLE IV by the Escrow Holder for the City to sell the Property to the Developer and the Developer to purchase the Property from the City. (l) “Control” means and refers to possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a Person, whether by ownership of equity interests, by contract or otherwise. (m) “Controlling” and “Controlled” mean and refer to exercising or having Control.
(n) “Deed of Trust” means and refers to a deed of trust or other security instrument required by a Lender to be recorded against the Property, to secure the Developer’s performance under the associated Loan and related Loan Documents. (o) “Developer Official Action” means and refers to official action of the Developer in substantially the form attached to this Agreement as Exhibit “F” executed by the authorized representative(s) of the Developer.
(p) “Developer’s Title Notice” means and refers to a written notice from the Developer to the City indicating the Developer’s acceptance of the state of the title to the Property, as described in the Preliminary Report, or the Developer’s disapproval of specific matters shown in Schedule B of the Preliminary Report as exceptions to coverage under the proposed Title Policy for the Property, describing in suitable detail the actions that the Developer reasonably believes are indicated to obtain the Developer’s approval of the state of the title to the Property.
5 60139.00139\32392109. 9
(q) “Developer’s Title Notice Waiver” means and refers to a written notice from the Developer to the City waiving the Developer’s previous disapproval in the Developer’s Title Notice of specific matters shown in Schedule B of the Preliminary Report as exceptions to coverage under the proposed Title Policy for the Property. (r) “Due Diligence Investigations” means and refers to the Developer’s due diligence investigations of the Property to determine the suitability of the Property for development or operation of the Project.
(s) “Due Diligence Investigation Conclusion Notice” means and refers to a written notice of the Developer delivered to both the City and the Escrow Holder, prior to the end of the Due Diligence Period, indicating the Developer’s acceptance of the condition of the Property or indicating the Developer’s rejection of the condition of the Property and refusal to accept a conveyance of fee title to the Property, describing in reasonable detail the actions that the Developer reasonably believes are indicated to allow the Developer to accept the condition of the Property.
(t) “Due Diligence Period” means and refers to the time period commencing on the day immediately following the Escrow Opening Date and continuing until December 1, 2022.
(u) “Earnest Money Deposit” means and refers to the amount of fifty thousand dollar ($50,000) in cash or other immediately available funds. (v) “Effective Date” means and refers to the date on which this Agreement has been approved by the City governing body. The City shall send a Notice to all Parties confirming this date. City’s failure to timely send this notice shall not invalidate or modify the Effective Date. Developer shall have executed this Agreement prior to submission to the City governing board.
(w) “Environmental Claims” means and refers to any and all claims, demands, damages, losses, liabilities, obligations, penalties, fines, actions, causes of action, judgments, suits, proceedings, costs, disbursements and expenses, including, without limitation, attorney fees, disbursements and costs of attorneys, environmental consultants and other experts, and all foreseeable and unforeseeable damages or costs of any kind or of any nature whatsoever directly or indirectly relating to or arising from any Environmental Matters existing or occurring during or arising from the Developer’s Due Diligence Investigations, the Developer’s ownership or occupancy of the Property or the Developer’s construction or installation of the Project.
(x) “Environmental Laws” means and refers to all federal, state, local, or municipal laws, rules, orders, regulations, statutes, ordinances, codes, decrees, or requirements of any governmental authority regulating, relating to, or imposing liability or standards of conduct concerning any Hazardous Substance (as defined in Section 2.1(ii)), or pertaining to occupational health or industrial hygiene (to the extent that the occupational health or industrial hygiene laws, ordinances, or regulations relating to any Hazardous Substance on, 6 60139.00139\32392109. 9
under, or about the Property), occupational or environmental conditions on, under, or about the Property, as now or may, at any later time, be in effect, including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (“CERCLA”) [42 U.S.C. Section 9601 et seq.]; the Resource Conservation and Recovery Act of 1976 (“RCRA”) [42 U.S.C. Section 6901 et seq.]; the Clean Water Act, also known as the Federal Water Pollution Control Act (“FWPCA”) [33 U.S.C. Section 1251 et seq.]; the Toxic Substances Control Act (“TSCA”) [15 U.S.C. Section 2601 et seq.]; the Hazardous Materials Transportation Act (“HMTA”) [49 U.S.C. Section 1801 et seq.]; the Insecticide, Fungicide, Rodenticide Act [7 U.S.C. Section 6901 et seq.] the Clean Air Act [42 U.S.C. Section 7401 et seq.]; the Safe Drinking Water Act [42 U.S.C. Section 300f et seq.]; the Solid Waste Disposal Act [42 U.S.C.
Section 6901 et seq.]; the Surface Mining Control and Reclamation Act [30 U.S.C. Section 101 et seq.]; the Emergency Planning and Community Right to Know Act [42 U.S.C. Section 11001 et seq.]; the Occupational Safety and Health Act [29 U.S.C. Section 655 and 657]; the California Underground Storage of Hazardous Substances Act [Health and Safety Code Section 25280 et seq.]; the California Hazardous Substances Account Act [Health and Safety Code Section 25300 et seq.]; the California Safe Drinking Water and Toxic Enforcement Act [Health and Safety Code Section 24249.5 et seq.] the Porter-Cologne Water Quality Act [Water Code Section 13000 et seq.] together with any amendments of, or regulations promulgated under the statutes cited above and any other federal, state, or local law, statute, ordinance, or regulation, now in effect or later enacted, that pertains to occupational health or industrial hygiene, and only to the extent the occupational health or industrial hygiene laws, ordinances, or regulations relating to any Hazardous Substance on, under, or about the Property, or the regulation or protection of the environment, including ambient air, soil, soil vapor, groundwater, surface water, or land use. (y) “Environmental Matters” means and refers to any of the following:
(1) The presence of Hazardous Substance on, in, under, from or affecting all or any portion of the Property or the Project; (2) The storage, holding, handling, release, threatened release, discharge, generation, leak, abatement, removal or transportation of any Hazardous Substance on, in, under, from or affecting the Property or the Project; (3) The violation of any law, rule, regulation, judgment, order, permit, license, agreement, covenant, restriction, requirement or the like by the Developer, its agents or contractors, relating to or governing in any way Hazardous Substances on, in, under, from or affecting the Property or the Project;
(4) The failure of the Developer, its agents or contractors, to properly complete, obtain, submit and/or file any and all notices, permits, licenses, authorizations, covenants and the like in connection with the Developer’s activities on the Property or the Project;
(5) The implementation and enforcement by the Developer, its agents or contractors of any monitoring, notification or other precautionary measures that may, at 7 60139.00139\32392109. 9
any time, become necessary to protect against the release, potential release or discharge of any Hazardous Substance on, in, under, from or affecting the Property or the Project; (6) The failure of the Developer, its agents or contractors, in compliance with all applicable Environmental Laws, to lawfully remove, contain, transport or dispose of any Hazardous Substance existing, stored or generated on, in, under or from the Property or the Project;
(7) Any investigation, inquiry, order, hearing, action or other proceeding by or before any Governmental Agency in connection with any Hazardous Substance on, in, under, from or affecting the Property or the Project or the violation of any Environmental Law relating to the Property or the Project.
(z) “Escrow” means and refers to an escrow, as defined in Civil Code Section 1057, that is conducted by the Escrow Holder with respect to the Property, pursuant to this Agreement.
(aa) “Escrow Closing Date” means and refers to the earlier of (1) the thirtieth (30th) business day following the Escrow Holder’s receipt of written confirmation from both the City and the Developer of the satisfaction or waiver of all conditions precedent to the Close of Escrow; (2) the thirtieth (30th) business day following Developer’s receipt of City Council approval of entitlements necessary for the Project; or (3) December 15, 2022. (bb) “Escrow Holder” means and refers to Orange Coast Title Company 2151 East Convention Center Way, Suite 102, Ontario, California 91764. (cc) “Escrow Opening Date” means and refers to the first date on which a fully executed copy of this Agreement and the Earnest Money Deposit are deposited with the Escrow Holder.
(dd) “Event of Default” shall have the meaning ascribed to the term in Section 9.2.
(ee) “FIRPTA Affidavit” means and refers to a Foreign Investment in Real Property Tax Act affidavit complying with Section 1445 of the United States Internal Revenue Code.
(ff) “Form 593” means and refers to a California Franchise Tax Board Form 593-W.
(gg) “Governmental Agency” means and refers to any and all courts, boards, agencies, commissions, offices, or authorities of any nature whatsoever for any governmental unit (federal, state, county, district, municipal, city, or otherwise), including the City, pursuant to its general police power jurisdiction, whether now or later in existence with jurisdiction over the Property or the construction or installation of any portion of the Project on the Property.
8 60139.00139\32392109. 9
(hh) “Governmental Requirements” means and refers to all codes, statutes, ordinances, laws, permits, orders, and any rules and regulations promulgated thereunder of any Governmental Agency.
(ii) “Hazardous Substance” means and refers to, without limitation, substances defined as a “Hazardous Substance,” “hazardous material,” “toxic substance,” “solid waste,” or “pollutant or contaminate” in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Sections 9601, et seq.; the Toxic Substances Control Act (“TSCA”) [15 U.S.C. Sections 2601, et seq.]; the Hazardous Materials Transportation Act, 49 U.S.C. Sections 1801, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. Sections 6901, et seq.; those substances listed in the United States Department of Transportation (DOT)Table [49 CFR 172.101], or by the EPA, or any successor authority, as a Hazardous Substance [40 CFR Part 302]; and those substances defined as “hazardous waste” in Section 25117 of the California Health and Safety Code or, as a “Hazardous Substance” in Section 25316 of the California Health and Safety Code; other substances, materials, and wastes that are, or become, regulated or classified as hazardous or toxic under federal, state, or local laws or regulations and in the regulations adopted pursuant to said laws, and shall also include manure, asbestos, polychlorinated biphenyl, flammable explosives, radioactive material, petroleum products, and substances designated as a hazardous substance pursuant to 33 U.S.C. Section 1321 or listed pursuant to 33 U.S.C. Section 1317. (jj) “Hotel” means and refers to the hotel portion of the Project, as specifically described in the Scope of Development.
(kk) “Hotel Agreement” means and refers to a written franchise agreement made by and between the Developer and a hotel brand, in form and substance acceptable to the City, by which Hilton or Marriott franchises the use, operation and management of a Home 2 Suites or TownePlace Suites (or similar quality) hotel on the Property to the Developer for a minimum time period of ten (10) years from the date of issuance of a final Certificate of Occupancy by the City for the Hotel. (ll) “Lender” means and refers to a state or federally chartered bank, trust company (in its individual or trust capacity), insurance company with a financial rating of at least A in the then current edition of A.M. Best’s Insurance Guide, credit union, savings bank (state or federal), pension, welfare or retirement fund or system, real estate investment trust, federal or state agency regularly making or guaranteeing mortgage loans, investment bank, a subsidiary of a Fortune 500 company (such as AT&T Capital Corporation or General Electric Capital Corporation) or any Person that is a wholly owned subsidiary of or is a combination of any one or more of the foregoing Persons. (mm) “Loan” means and refers, individually, to any loan that the Developer shall obtain from a Lender the proceeds of which are to be used and applied solely to pay the reasonable costs of obtaining such loan and either: (1) the Purchase Price and the other costs of acquiring the Property through the Escrow or (2) for construction or installation of the Project.
9 60139.00139\32392109. 9
(nn) “Loan Documents” means and refers to the various documents and instruments made by and between the Developer and a Lender that evidence a Loan and the security for repayment of such Loan.
(oo) “Maintenance Deficiency” shall have the meaning ascribed to the term in Section 7 of the City Deed, attached to this Agreement as Exhibit “E.” (pp) “Notice of Agreement” means and refers to the notice in substantially the form of Exhibit “F” to this Agreement to be recorded against the Property at the Close of Escrow to provide constructive record notice of the existence and application of this Agreement to the Property.
(qq) “Occupancy Date” means and refers to the date on which the City issues a final Certificate of Occupancy for the Hotel. (rr) “Party” means and refers, individually, to either the City or the Developer, as applicable.
(ss) “Parties” means and refers, collectively, to the City and the Developer.
(tt) “PCO Report” means and refers to a preliminary change of ownership report required under California Revenue and Taxation Code Section 480.3. (uu) “Permitted Encumbrance” means and refers to any Deed of Trust.
(vv) “Permitted Exceptions” means and refers to (i) any and all items shown in Schedule B of the Preliminary Report as exceptions to coverage under the proposed Title Policy that the Developer does not disapprove, pursuant to Section 3.3, or that are otherwise accepted or consented to by the Developer; (ii) any exceptions from coverage under the proposed Title Policy resulting from the Developer’s activities on the Property; (iii) any lien for non-delinquent property taxes and assessments; (iv) any applicable planning or zoning laws, ordinances or regulations; (v) this Agreement; (vi) the City Deed; (vii) any other matter provided for in this Agreement.
(ww) “Permitted Transfer” means and refers to any of the following types of Transfers by the Developer, where the Person to which such Transfer is made, expressly assumes the obligations of the Developer under this Agreement in a written instrument satisfactory to the City:
(1) Any Transfer of stock or equity of the Developer that does not change management or operational control of the Property or the Project; (2) Any Transfer of any interest in the Developer irrespective of the percentage of ownership (i) to any other owner of any interest in the Developer; or (ii) to any Affiliate, or (iii) to any other Person in which any holder of an interest (including any beneficial 10 60139.00139\32392109. 9
interest) in the Developer is a manager, officer or partner or in which any of the aforementioned is a shareholder, member or partner (including a beneficial Owner); (3) Any transfer to a wholly owned subsidiary of Developer. (4) Any Transfer made after Certificate of Occupancy. Any such Transfer shall not be subject to any Notice or Consent provisions. (xx) “Person” means and refers to any association, corporation, governmental entity or agency, individual, joint venture, joint-stock company, limited liability company, partnership, trust, unincorporated organization, or other entity of any kind. (yy) “Pre-Closing Liquidated Damages Amount” means and refers to the amount of Fifty Thousand Dollars ($50,000).
(zz) “Preliminary Report” means and refers to a preliminary report issued by the Title Company in contemplation of the issuance of the Title Policy, accompanied by copies of all documents listed in Schedule B of the report as exceptions to coverage under the proposed Title Policy.
(aaa) “Project” means and refers to those certain private, commercial improvements that the Developer proposes to construct on the Property, including all required or associated on-site and off-site improvements, all hardscape and all landscaping, all as specifically described in the Scope of Development, attached as Exhibit B, and all to be developed in accordance with plans and specifications approved by the City and any conditions imposed by the City in its approval of the Developer’s development application(s) related to the Project.
(bbb) “Project Completion Date” means and refers to June 8, 2027. (ccc) “Property” means and refers to that certain vacant real property, consisting of approximately 1.62 acres, specifically described in Exhibit “A” attached to this Agreement and incorporated into this Agreement by this reference. (ddd) “Property Transfer” means and refers to any “change in ownership,” as defined in Revenue and Taxation Code Sections 60, et seq., of all or any portion of the Property.
(eee) “Purchase Price” shall mean and refer to the amount of One Million Four Hundred Thousand Dollars ($1,400,000).
(fff) “Record”, “recorded”, “recording” or “recordation” each mean and refer to recordation of the referenced document in the official records of the Recorder of the County of San Diego, California.
11 60139.00139\32392109. 9
(ggg) “Schedule of Performance” means and refers to the schedule for the performance of certain actions by the City or the Developer, pursuant to the terms and conditions of this Agreement, attached to this Agreement as Exhibit “C.” (hhh) “Scope of Development” means and refers to the detailed description of the primary elements of the Project attached to this Agreement as Exhibit “B.” (iii) “Title Company” means and refers to Orange Coast Title Company, 2151 East Convention Center Way, Suite 102, Ontario, California 91764.. (jjj) “Title Policy” means and refers to a standard CLTA owners’ policy of title insurance issued by the Title Company, with coverage in the full amount of the Purchase Price and insuring fee title to the Property vested in the Developer. (kkk) “Transfer” means and refers to any of the following:
(1) Any total or partial sale, assignment, conveyance, trust, power, or transfer in any other mode or form, by the Developer of more than a 49% interest in the Developer’s interest in this Agreement, the Property, or the Project or a series of such sales, assignments and the like that, in the aggregate, result in a disposition of more than a 49% interest in the Developer’s interest in this Agreement, the Property or the Project; or (2) Any total or partial sale, assignment, conveyance, or transfer in any other mode or form, of or with respect to any interest in the Developer or a series of such sales, assignments and the like that, in the aggregate, result in a disposition of more than a 49% interest in any interest in the Developer; or
(3) Any merger, consolidation, sale or lease of all or substantially all of the assets of the Developer or a series of such sales, assignments and the like that, in the aggregate, result in a disposition of more than a 49% interest of all or substantially all of the assets of the Developer; or
(4) Any Property Transfer; or
(5) The recordation of any deed of trust, mortgage, lien or similar encumbrance against all or any portion of the Property or the Project. (lll) “Unavoidable Delay” means and refers to a delay in either Party performing any obligation under this Agreement, except payment of money, arising from or on account of any cause whatsoever beyond the Party’s reasonable control, despite such Party’s reasonable diligent efforts, including industry-wide strikes, labor troubles or other union activities (but only to the extent such actions affect similar persons at that time and do not result from an act or omission of the Party), casualty, war, acts of terrorism or riots or government mandated shutdowns or stoppages. Unavoidable Delay shall not include delay caused by a Party’s financial condition, illiquidity, or insolvency. 12 60139.00139\32392109. 9
(mmm) “Un-Permitted Encumbrance” means and refers to any mortgage, lien, deed of trust, easement or other encumbrance recorded or asserted against the Property that is not a Permitted Encumbrance
ARTICLE III
PROPERTY DISPOSITION
Section 3.1 Purchase and Sale. The City shall sell the Property to the Developer and the Developer shall purchase the Property from the City pursuant to the terms and conditions of this Agreement. For the purposes of exchanging funds and documents to complete the sale from the City to the Developer and the purchase by the Developer from the City of the Property, pursuant to the terms and conditions of this Agreement, the City and the Developer agree to open the Escrow with the Escrow Holder. ARTICLE IV of this Agreement constitutes the joint escrow instructions of the Parties to the Escrow Holder for the conduct of the Escrow for the sale of the Property. The Developer and the City shall execute the Escrow Holder’s standard or general escrow instructions, provided, however, that the provisions of this Agreement shall be controlling, in the event of any conflict between the provisions of this Agreement and any such standard or general escrow instructions requested by the Escrow Holder.
Section 3.2 Payment of Purchase Price. At least one day prior to Close of Escrow, the Developer shall deposit the Purchase Price into the Escrow in immediately available funds, subject to credit to the Developer for the Earnest Money Deposit, as provided in this Agreement.
(a) Earnest Money Deposit. Concurrent with its opening of the Escrow, the Developer shall deposit the Earnest Money Deposit into the Escrow. Upon the Close of Escrow, the Earnest Money Deposit shall be credited to the Developer toward the Purchase Price. The Earnest Money Deposit shall be refundable to the Developer, except (i) upon the occurrence of an Event of Developer’s Default prior to the Close of Escrow, in which case the Earnest Money Deposit shall be paid to the City pursuant to pre-closing default remedies set forth in Article IX, or (ii) upon the Developer’s acceptance of the Property in a Due Diligence Investigation Conclusion Notice pursuant to Section 3.3, at which time the Earnest Money Deposit shall be fully earned by the City and the Escrow Holder shall promptly pay the Earnest Money Deposit to the City.
Section 3.3 Title Approval. No later than five days following the Escrow Opening Date, the City shall obtain the Preliminary Report from the Title Company and deliver a copy of the Preliminary Report to the Developer.
(a) Within twenty (20) days following the Developer’s receipt of the Preliminary Report, the Developer shall deliver the Developer’s Title Notice to the City. If the Developer fails to deliver Developer’s Title Notice to the City, within twenty (20) days following the Developer’s receipt of the Preliminary Report, the Developer will be deemed to disapprove the status of title to the Property and refuse to accept title to the Property. 13 60139.00139\32392109. 9
(b) Within twenty (20) days following the earlier of the City’s receipt of Developer’s Title Notice or expiration of the time period provided in this Section 3.3 for delivery of Developer’s Title Notice, the City shall serve City’s Title Notice Response. If the Developer’s Title Notice does not disapprove any matter in the Preliminary Report, the City shall not be required to serve City’s Title Notice Response. If the City does not serve City’s Title Notice Response, if necessary, within twenty (20) days following its receipt of the Developer’s Title Notice, the City shall be deemed to elect not to cause any matter disapproved in the Developer’s Title Notice to be removed from the Preliminary Report or its effect to be insured against.
(1) If the City elects in City’s Title Notice Response to cause the removal of any matter disapproved in the Developer’s Title Notice from the Preliminary Report or its effect to be insured against, the City shall cause the removal of each such matter from the Preliminary Report or insurance against its effect to be issued, at least 10 days prior to the Escrow Closing Date.
(2) If the City elects or is deemed to have elected not to cause the removal of any matter disapproved in the Developer’s Title Notice from the Preliminary Report or its effect to be insured against, then, within ten (10) days following the earlier of the Developer’s receipt of City’s Title Notice Response or the expiration of the time period provided in this Section 3.3 for delivery of City’s Title Notice Response, the Developer shall either: (1) refuse to accept the title to and conveyance of the Property, or (2) waive its disapproval of any matters set forth in the Developer’s Title Notice by delivering the Developer’s Title Notice Waiver to the City. Failure by the Developer to deliver the Developer’s Title Notice Waiver, where City’s Title Notice Response or the City’s failure to serve City’s Title Notice Response indicates or results in the City’s election not to cause the removal of any one or more matters disapproved in Developer’s Title Notice from the Preliminary Report or its effect to be insured against, within ten (10) days following the Developer’s receipt of City’s Title Notice Response or expiration of the time period for the City to deliver City’s Title Notice Response under this Agreement, will be deemed the Developer’s continued refusal to accept the title to and conveyance of the Property, in which case either the City or the Developer shall have the right to cancel the Escrow and terminate this Agreement, in their respective sole and absolute discretion, without liability to the other Party or any other Person, by delivery of a written notice of termination to both the other Party and the Escrow Holder, in which case the Parties and the Escrow Holder shall proceed pursuant to Section 4.10.
Section 3.4 Developer Due Diligence Investigations.
(a) The Developer shall complete all of its Due Diligence Investigations within the Due Diligence Period and shall conduct all of its Due Diligence Investigations at its sole cost and expense.
(b) City shall provide any reports related to Hazardous Materials in its possession or under its control to Developer within 5 days of the Effective Date. The Developer 14 60139.00139\32392109. 9
acknowledges that the Property has been outside of the City’s control since it was conveyed pursuant to the Vestar DDA.
(c) The City licenses, permits and authorizes the Developer to enter the Property for the sole purpose of conducting the Developer’s Due Diligence Investigations, subject to all of the terms and conditions of this Agreement. The Developer shall not conduct any intrusive or destructive testing of any portion of the Property, other than low volume soil samples, without the City Manager’s prior written consent, such consent not to be unreasonably withheld. Following the conduct of any Due Diligence Investigations on the Property, the Developer shall restore the Property to substantially its condition prior to the conduct of such Due Diligence Investigations.
(d) Any Due Diligence Investigations of the Property by the Developer shall not unreasonably disrupt any then-existing use or occupancy of the Property or the operations of the City or the surrounding shopping center owned by Kimco Realty Corporation. The activities of the Developer or its agents directly or indirectly related to the Developer’s Due Diligence Investigations shall be subject to the Developer’s indemnity, defense and hold harmless obligations pursuant to this Agreement. Prior to commencing any Due Diligence Investigations on the Property, the Developer shall deliver all copies of policies or certificates of insurance required to be delivered pursuant to Section 6.6. (e) The Developer shall deliver a Due Diligence Investigation Conclusion Notice to the City and the Escrow Holder prior to the end of the Due Diligence Period. If the Developer does not unconditionally accept the condition of the Property by delivery of its Due Diligence Investigation Conclusion Notice indicating such acceptance, prior to the end of the Due Diligence Period, the Developer shall be deemed to have rejected the condition of the Property and refused to accept conveyance of title to the Property. If the condition of the Property is rejected or deemed rejected by the Developer, then the City or the Developer shall have the right to cancel the Escrow and terminate this Agreement, in their respective sole and absolute discretion, without liability to the other Party or any other person, by delivery of a written notice of termination to the other Party and the Escrow Holder, in which case the Parties and the Escrow Holder shall proceed pursuant to Section 4.10. (f) The Developer shall rely solely and exclusively upon the results of its Due Diligence Investigations of the Property, including, without limitation, investigations regarding geotechnical soil conditions, compliance with applicable laws pertaining to the use of the Property by the Developer, and any other matters relevant to the condition or suitability of the Property for the Project, as the Developer may deem necessary or appropriate. The City makes no representation or warranty to the Developer relating to the condition of the Property or suitability of the Property for any intended use or development by the Developer. (g) Subject to Section 8.2, the Developer shall accept all conditions of the Property, without any liability of the City whatsoever, upon the Developer’s acceptance of the condition of the Property indicated in its Due Diligence Investigation Conclusion Notice.
The Developer’s delivery of its Due Diligence Investigation Conclusion Notice indicating the Developer’s unconditional acceptance of the condition of the Property shall evidence the 15 60139.00139\32392109. 9
Developer’s unconditional and irrevocable acceptance of the Property in the Property’s “AS IS,” “WHERE IS,” AND “SUBJECT TO ALL FAULTS” CONDITION, WITHOUT WARRANTY AS TO QUALITY, CHARACTER, PERFORMANCE OR CONDITION and with full knowledge of the physical condition of the Property, the nature of the City’s interest in and use of the Property, all zoning, other land use laws and other Governmental Requirements affecting the Property, and of the conditions, restrictions, encumbrances and all matters of record relating to the Property. The Developer’s delivery of its Due Diligence Investigation Conclusion Notice indicating the Developer’s unconditional acceptance of the condition of the Property shall constitute the Developer’s representation and warranty to the City that the Developer has received assurances acceptable to the Developer by means independent of the City or any agent of the City of the truth of all facts material to the Developer’s acquisition of the Property pursuant to this Agreement, and that the Property is being acquired by the Developer as a result of its own knowledge, inspection and investigation of the Property and not as a result of any representations made by the City or any employee, official, consultant or agent of the City relating to the condition of the Property, unless such statement or representation is expressly and specifically set forth in this Agreement. The City hereby expressly and specifically disclaims any express or implied warranties regarding the Property.
Section 3.5 Developer to Obtain all Project Approvals.
(a) Following the Escrow Opening Date, the City shall reasonably consent, as necessary, to the Developer processing necessary entitlements, permits or applications with each Governmental Agency for development of the Project on the Property, including the City Manager signing any such applications on behalf of the City, as the owner of the Property.
(b) The Developer shall, within the time period(s) for such actions set forth in the Schedule of Performance, prepare and submit a complete application and any other required application, document, fee, charge or other item (including, without limitation, deposit, fund or surety) required for construction or installation of the Project, pursuant to all Governmental Requirements, to each necessary Governmental Agency for review and approval.
The City’s zoning, building and land use regulations (whether contained in ordinances, the City’s municipal code, conditions of approval or elsewhere), shall be applicable to the construction and installation of the Project on the Property by the Developer, pursuant to this Agreement. The Developer acknowledges that all plans and specifications and any changes to plans and specifications for the Project shall be subject to all Governmental Requirements. No action by the Governmental Agency or the City with reference to this Agreement or any related documents shall be deemed to constitute a waiver of any required Governmental Agency or City permit, approval or authorization regarding the Property, the Project, the Developer, any successor-ininterest of the Developer or any successor-in-interest to the Property. (c) The approval of this Agreement by the City Manager or the City shall not be binding on the City Council regarding any approvals of the Project required by such bodies. The Developer obtains no right or entitlement to construct or install the Project on the Property or any portion of the Property by virtue of this Agreement. If any revisions of the 16 60139.00139\32392109. 9
Project are required by a Governmental Agency, the Developer shall promptly make any such revisions that are reasonably consistent with the Scope of Development. (d) Notwithstanding any provision to the contrary in this Agreement, the Developer agrees to accept and comply fully with any and all reasonable conditions of approval applicable to all approvals, permits and other governmental actions regarding the construction or installation of the Project on the Property, reasonably consistent with this Agreement.
(e) The Developer and the City agree that the City shall not provide any financial assistance to the Developer in connection with the construction or installation of the Project. The Developer shall be solely responsible for paying for the costs of all design work, construction, labor, materials, fees, permit, application, surety bond and other expenses associated with the Project. The Developer shall pay any and all fees pertaining to the review and approval of the Project by each Governmental Agency and utility service providers, including the costs of preparation of all required construction, planning and other documents reasonably required by each Governmental Agency or utility service provider pertinent to the construction or installation of the Project on the Property, including, but not limited to, specifications, drawings, plans, maps, permit applications, land use applications, zoning applications, environmental review and disclosure documents and design review documents.
The Developer shall obtain any and all necessary governmental approvals, prior to the commencement of applicable portions of construction and installation of the Project, and the Developer shall take reasonable precautions to ensure the safety and stability of surrounding properties during the construction and installation of the Project. (f) The Developer shall, prior to the end of the Due Diligence Period, obtain all entitlements for construction and installation of the Project on the Property from each Governmental Agency, subject to any extensions of time authorized by this Agreement upon the occurrence of an Unavoidable Delay. For purposes of this Section “entitlements” is defined to include any required rezone, variance, use permit, or similar development approval. It is not anticipated that Developer shall have received approval of construction drawings or be in a position to pull building permits at the end of the Due Diligence Period. Developer agrees and acknowledges that the “entitlements” shall expire three (3) years from the date of approval by the City.
(1) If Developer fails to obtain entitlements prior to close of the Due Diligence Period, the Parties shall proceed with the transaction and close the escrow provided that:
(i) Developer shall pay the Purchase Price as required by this Agreement.
(ii) City agrees to hold the funds received by the City from Purchase Price (“Received Funds”) in a separate fund at the City for up to ninety (90) days from the Close of Escrow (“Entitlement Date”).
17 60139.00139\32392109. 9
(iii) Developer may elect to extend the Entitlement Date for ninety (90) days. The Parties may extend the Entitlement Date thereafter by mutual consent. (iv) If Developer has not secured entitlements for the Project by the Entitlement Date, including any extensions as provided for in subsection (ii) or (iii) immediately above, Developer shall within 10 days of notice from the City of termination of the transaction, execute and deliver to the City a grant deed conveying Developer’s interest in the Property to the City and the City shall, within 5 days of receiving the grant deed in a recordable form from the Developer, return the the Received Funds to the Developer, and this Agreement shall be automatically terminated.
ARTICLE IV
JOINT ESCROW INSTRUCTIONS
Section 4.1 Opening of Escrow. The Developer shall cause the Escrow to be opened within five (5) days following the Effective Date. Escrow Holder shall promptly confirm in writing to each of the Parties the date of the Escrow Opening Date. This ARTICLE IV shall constitute the joint escrow instructions of the City and the Developer to Escrow Holder for conduct of the Escrow.
Section 4.2 Conditions to Close of Escrow. The conditions set forth below in this Section 4.2 shall be satisfied or else waived by the respective benefited Party on or before the Escrow Closing Date, or the Party benefited by any unsatisfied condition shall not be required to proceed to close the Escrow.
(a) Developer’s Conditions. The Developer’s obligation to purchase the Property from the City on the Escrow Closing Date shall be subject to the satisfaction or waiver of each of the following conditions precedent, each of which can only be waived in writing by the Developer:
(1) The Developer agrees to accept the title to and conveyance of the Property, pursuant to Section 3.3;
(2) The Developer delivers its Due Diligence Investigation Conclusion Notice to both the City and the Escrow Holder indicating the Developer’s unconditional acceptance of the condition of the Property, prior to the expiration of the Due Diligence Period;
(3) The City Council finds, pursuant to Government Code Section 65402, that the Project is consistent with the City’s General Plan; (4) The Title Company is unconditionally committed to issue the Title Policy to the Developer, at the Close of Escrow;
(5) The City deposits all of the items into the Escrow required by Section 4.4; and
18 60139.00139\32392109. 9
(6) The Developer approves the Escrow Holder’s final estimated closing/settlement statement.
(b) City’s Conditions. The City’s obligation to sell the Property to the Developer on or before the Escrow Closing Date shall be subject to the satisfaction or waiver of each of the following conditions precedent, which can only be waived in writing by the City:
(1) The Developer deposited the Earnest Money Deposit into Escrow, pursuant to Section 3.2;
(2) The Developer agrees to accept the title to and conveyance of the Property, pursuant to Section 3.3;
(3) The Developer delivers its Due Diligence Investigation Conclusion Notice to both the City and the Escrow Holder indicating the Developer’s unconditional acceptance of the physical condition of the Property, prior to the expiration of the Due Diligence Period;
(4) The City Council finds, pursuant to Government Code Section 65402, that the Project is consistent with the City’s General Plan; (5) The Developer submits to the City, at least fifteen (15) days prior to the Escrow Closing Date, evidence satisfactory to the City, in the City’s sole and absolute discretion, that the Developer has obtained all Governmental Agency approvals necessary for the development of the Project on the Property; (6) The Developer delivers to the City, at least fifteen (15) days prior to the Escrow Closing Date, in form and substance acceptable to the City, an unconditional and irrevocable letter of commitment from a Lender to make and fund a Loan to the Developer at the Close of Escrow for the construction and installation of the entire Project; (7) The Developer delivers to the City, at least fifteen (15) days prior to the Escrow Closing Date, in form and substance acceptable to the City, a legally binding written contract between the Developer and a licensed California general contractor experienced in the construction and installation of projects similar to the Project for the construction and installation of the Project on the Property in accordance with the Scope of Development, the Schedule of Performance and building and landscaping plans and specifications approved by the City, subject to any conditions of any such approvals, and which contract requires the Developer to provide payment security pursuant to Civil Code Section 3110.5; (8) The Developer deposits all of the items into Escrow required by Section 4.3;
(9) The City approves the Escrow Holder’s final estimated closing/settlement statement;
19 60139.00139\32392109. 9
(10) The Developer performs all of its material obligations required to be performed by the Developer under this Agreement prior to Close of Escrow; and (11) The representations, warranties, and covenants of the Developer set forth in this Agreement are true and correct in all material respects on the Effective Date and on the Escrow Closing Date.
Section 4.3 Developer’s Escrow Deposits. Following satisfaction or waiver of each of the Developer’s conditions to the Close of Escrow set forth in Subsection 4.2(a) and, at least, four (4) business days prior to the Escrow Closing Date scheduled by the Escrow Holder in a writing delivered to each of the Parties, the Developer shall deposit the following funds and documents into the Escrow and, concurrently, provide a copy of each such document to the City:
(a) Purchase Price. The Purchase Price, less the Earnest Money Deposit, plus any additional funds required to be deposited into the Escrow by the Developer under the terms of this Agreement to close the Escrow, all in immediately available funds; (b) PCO Report. A PCO Report executed by the authorized representative(s) of the Developer;
(c) Acceptance of City Deed. The Certificate of Acceptance of City Deed, in substantially the form attached to the City Deed, executed by the authorized representative(s) of the Developer in recordable form;
(d) Notice of Agreement. The Notice of Agreement executed by the authorized representative(s) of the Developer in recordable form; and (e) Construction Loan Deed of Trust. A Deed of Trust securing a Loan to the Developer to finance construction and installation of the entire Project, executed by the authorized representative(s) of the Developer in recordable form.
Section 4.4 City’s Escrow Deposits. Following satisfaction or waiver of each of the City’s conditions to Close of Escrow set forth in Subsection 4.2(b) and, at least, two (2) business days prior to the Escrow Closing Date scheduled by the Escrow Holder in a writing delivered to each of the Parties, the City shall deposit the following funds and documents into the Escrow and, concurrently, provide a copy of each such document to the Developer:
(a) City Deed. The City Deed executed by the authorized representative(s) of the City in recordable form;
(b) FIRPTA Affidavit. The FIRPTA Affidavit completed and executed by the authorized representative(s) of the City; (c) Notice of Agreement. The Notice of Agreement executed by the authorized representative(s) of the City in recordable form; and 20 60139.00139\32392109. 9
(d) Form 593. A Form 593 executed by the authorized
representative(s) of the City.
Section 4.5 Closing Procedure. When each of the Developer’s Escrow deposits, as set forth in Section 4.3, and each of the City’s Escrow deposits, as set forth in Section 4.4, are deposited into the Escrow, the Escrow Holder shall request confirmation in writing from both the City and the Developer that each of their respective conditions to the Close of Escrow, as set forth in Section 4.3 and Section 4.4, are satisfied or waived. Upon the Escrow Holder’s receipt of written confirmation from both the City and the Developer that each of their respective conditions to the Close of Escrow are either satisfied or waived, the Escrow Holder shall close the Escrow by doing all of the following:
(a) Insertion of Dates. The Escrow Holder shall insert the Escrow Closing Date into the Notice of Agreement, as the date of such document, prior to the recordation of such document.
(b) Recordation of Documents. File the City Deed, with the Developer’s certificate of acceptance attached, the Notice of Agreement and each Deed of Trust with the Office of the Recorder of the County of San Diego, California, for recordation in the order set forth in Section 4.7;
(c) Distribution of Recorded Documents. Distribute conformed copies of each recorded document to the Party or person designated for such distribution in Section 4.7;
(d) PCO Report. File the PCO Report with the Office of the Recorder of the County of San Diego, California;
(e) FIRPTA Affidavit. File the FIRPTA Affidavit with the United States Internal Revenue Service;
(f) Form 593. File the Form 593 with the State of California Franchise Tax Board;
(g) Title Policy. Obtain and deliver to the Developer the Title Policy;
(h) Purchase Price. Deliver the Purchase Price to the City, less the City’s share of the Escrow closing costs, and less any other charges to the account of the City, and return all remaining funds held by the Escrow Holder for the account of the Developer to the Developer, less the Developer’s share of the Escrow closing costs, and less any other charges to the account of the Developer.
(i) Report to IRS. Following the Close of Escrow and prior to the last date on which such report is required to be filed with the Internal Revenue Service, if such report is required pursuant to Section 6045(e) of the Internal Revenue Code, the Escrow Holder 21 60139.00139\32392109. 9
shall report the gross proceeds of the purchase and sale of the Property to the Internal Revenue Service on Form 1099-B, W-9 or such other form(s) as may be specified by the Internal Revenue Service pursuant to Section 6045(e). Upon the filing of such reporting form with the Internal Revenue Service, the Escrow Holder shall deliver a copy of the filed form to the City and the Developer.
Section 4.6 Close of Escrow. Close of Escrow shall occur on or before the Escrow Closing Date. If for any reason the Close of Escrow has not occurred on or before the Escrow Closing Date, then any Party not then in default of this Agreement may cancel the Escrow and terminate this Agreement, without liability to the other Party or any other person for such cancellation and termination, by delivering written notice of termination to both the other Party and the Escrow Holder and, thereafter, the Parties shall proceed pursuant to Section 4.10.
Without limiting the right of either Party to cancel the Escrow and terminate this Agreement, pursuant to the preceding sentence, if the Escrow does not close on or before the Escrow Closing Date, and neither Party has exercised its contractual right to cancel the Escrow and terminate this Agreement before such time, then the Escrow shall close as soon as reasonably possible following the first date on which the Escrow Holder is in a position to close the Escrow, pursuant to the terms and conditions of this Agreement.
Section 4.7 Recordation and Distribution of Documents. Escrow Holder shall cause the following documents to be recorded in the official records of the Recorder of the County of San Diego, California, in the following order at the Close of Escrow: (i) the City Deed, with the Developer’s certificate of acceptance attached, (ii) the Notice of Agreement, (iii) each Deed of Trust, and (iv) any other documents to be recorded through the Escrow upon the joint instructions of the Parties. The Escrow Holder shall deliver conformed copies of all documents recorded through the Escrow to the City and the Developer and any other person designated in the joint escrow instructions of the Parties to receive a conformed copy of each such document, each showing all recording information.
Section 4.8 Escrow Closing Costs, Taxes and Title Policy Premium. The City and the Developer shall each pay one-half (1/2) of the Escrow fees and such other costs as the Escrow Holder may charge for the conduct of the Escrow. The Escrow Holder shall notify the Developer and the City of the costs to be borne by each of them at the Close of Escrow by delivering the Escrow Holder’s estimated closing/settlement statement to both the City and the Developer, at least, four (4) business days prior to the Escrow Closing Date. The City shall pay the premium charged by the Title Company for the Title Policy, exclusive of any endorsements or other supplements to the coverage of the Title Policy that may be requested by the Developer.
The Developer shall pay any and all recording fees, documentary transfer taxes and any and all other charges, fees and taxes levied by a governmental authority relative to the conveyance of the Property through the Escrow and the cost of any endorsements or supplements to the coverage of the Title Policy requests by the Developer.
Section 4.9 Escrow Cancellation Charges. If the Escrow fails to close due to the City’s material default under this Agreement, the City shall pay all ordinary and reasonable cancellation charges relating to the Escrow and the Title Policy. If the Escrow fails to close due to the Developer’s material default under this Agreement, the Developer shall pay all ordinary 22 60139.00139\32392109. 9
and reasonable cancellation charges relating to the Escrow and Title Policy. If the Escrow fails to close for any reason other than the material default of either the Developer or the City, the Developer and the City shall each pay one-half (1/2) of any ordinary and reasonable cancellation charges relating to the Escrow and the Title Policy.
Section 4.10 Escrow Cancellation. If the Escrow is cancelled and this Agreement is terminated pursuant to a contractual right granted to a Party in this Agreement to cancel the Escrow and terminate this Agreement, other than due to the default of another Party, the Parties shall do each of the following:
(a) Cancellation Instructions. The Parties shall, within three (3) business days following receipt of the Escrow Holder’s written request, execute any reasonable Escrow cancellation instructions requested by the Escrow Holder; (b) Return of Funds and Documents. Within ten (10) days following receipt by the Parties of a settlement statement from the Escrow Holder of cancellation charges regarding the Escrow and the Title Policy, if any: (i) the Developer or the Escrow Holder shall return to the City any documents previously delivered by the City to the Developer or the Escrow Holder regarding the Escrow, (ii) the City or the Escrow Holder shall return to the Developer all documents previously delivered by the Developer to the City or the Escrow Holder regarding the Escrow; and (iii) the Escrow Holder shall return to the Developer any funds deposited into the Escrow, except as otherwise provided in Section 3.2(a), less the Developer’s share of customary and reasonable Escrow and title order cancellation charges regarding the Escrow and the Title Policy, if any.
ARTICLE V
PROJECT DEVELOPMENT
Section 5.1 Developer Covenant to Undertake Project. The Developer covenants to and for the exclusive benefit of the City that the Developer shall commence and complete the development of the Project on the Property, within the time period for such action set forth in the Schedule of Performance. The Developer covenants and agrees for itself, its successors and assigns that the Property shall be improved and developed with the Project, in conformity with the terms and conditions of this Agreement, the Scope of Development, the Schedule of Performance, any and all plans, specifications and similar development documents required by this Agreement, except for such changes as may be mutually agreed upon in writing by and between the Developer and the City, and in conformity with all applicable laws, regulations, orders and conditions of each Governmental Agency. The covenants of this Section
5.1 shall run with the land of the Property, until the earlier of the Occupancy Date or the twentieth (20th) anniversary of the date of the Close of Escrow. Conversely, City shall expeditiously review and process all plans, specifications, development documents, and applications submitted by Developer pursuant to this section. In the event that the project processing is delayed due to action or inaction by the City or an Unavoidable Delay, the City Manager shall administratively approve an extension proportional in time to the City caused delay reasonably requested by Developer to the Schedule of Performance. In the event a delay 23 60139.00139\32392109. 9
occurs that is not the result of City action or inaction, the City Manager may consider, but is not obligated to grant, an extension proportional in time to the delay causing event. Notwithstanding the foregoing, extensions granted pursuant to this Section by the City Manager shall not exceed one hundred eighty (180) days in total without City Council approval.
Section 5.2 Developer Changes to Project Plans and Specifications During Course of Construction. The Developer shall have the right, during the course of construction of the Project, to make “minor field changes,” without seeking the approval of the City, if such changes do not affect the type of use to be conducted within all or any portion of a structure. “Minor field changes” shall be defined as those changes from the approved construction drawings, plans and specifications that have no substantial effect on the Project and are made in order to expedite the work of construction in response to field conditions. Nothing contained in this Section 5.2 shall be deemed to constitute a waiver of or change in any Governmental Requirements governing any such “minor field changes” or in any approvals by any Governmental Agency otherwise required for any such “minor field changes.” Section 5.3 Construction Start and Completion of Project. (a) The Developer shall commence construction of the Project in accordance with the Schedule of Performance and, thereafter, shall diligently proceed to complete the construction of the Project, in a good and workmanlike manner, in accordance with the approved plans, specifications and conditions for the Project approved by each Governmental Agency and in accordance with the Schedule of Performance. On or before the Project Completion Date, the Developer shall:
(1) Record a Notice of Completion, in accordance with California Civil Code Section 3093, for the entirety of the Project; (2) Schedule the Project to be inspected by each Governmental Agency and correct any defects and deficiencies that may be disclosed by any such inspection; (3) All occupancy certificates and other licenses, permits and authorizations necessary for the operation and occupancy of the completed Project to be duly issued.
(b) Commencement of the work of improvement of the Project, the Developer shall not permit the work of improvement of the Project to cease or be suspended for a time period in excess of thirty (30) calendar days, either consecutively or in the aggregate, for any reason. Notwithstanding the foregoing, such thirty (30) calendar day period may be extended by the City Manager for up to an additional thirty (30) calendar days, in the aggregate.
Section 5.4 Compliance with Laws. All work performed in connection with the construction or installation of the Project shall comply with all Governmental Requirements.
Section 5.5 Schedule of Performance. All planning construction, installation and other development obligations and responsibilities of the Developer related to the Project 24 60139.00139\32392109. 9
shall be initiated and completed within the times specified in the Schedule of Performance, or within such reasonable extensions of such times granted by the City in writing or as otherwise provided for in this Agreement. The City Manager may extend the time for performance under Lines 11, 12, and 13 of the Schedule of Performance by six (6) months each if, in the City Manager’s reasonable discretion, Developer has diligently pursued the Project and the City Manager reasonably believes that with the additional time the Project will be completed. If litigation is filed challenging the approval of this DDA or the entitlements for the Project (including litigation under the California Environmental Quality Act) then all timeframes in the Schedule of Performance shall be tolled until resolution of the litigation or such other action has occurred which will reasonably permit the Project to continue.
Section 5.6 Developer Attendance at City Meetings. The Developer agrees to have one or more of its employees or consultants who are knowledgeable regarding this Agreement and the development of the Project, such that such person(s) can meaningfully respond to City or City staff questions regarding the progress of the Project, attend meetings with City staff or meetings of the City governing body, when requested to do so by City staff.
Section 5.7 City Right to Inspect Project and Property. Officers, employees, agents and representatives of the City shall have the right of reasonable access to the Property, without the payment of charges or fees, during normal construction hours, during the period of construction of the Project. Any and all officers, employees, agents or representatives of the City who enter the Property shall identify themselves at the construction management office or, if none, to the apparent on-site construction supervisor on the Property, upon their entrance on to the Property, and shall at all times be accompanied by a representative of the Developer, while on the Property. The Developer shall make a representative of the Developer available for this purpose at all times during normal construction hours, upon reasonable advance notice from the City. The City shall indemnify and hold the Developer harmless from injury, property damage or liability arising out of the exercise by the City of the right of access to the Property provided in this Section 5.7, other than injury, property damage or liability arising from the negligence or willful misconduct of the Developer or its officers, agents or employees or the Developer’s contractor. If in the City’s reasonable judgment it is necessary, the City shall have the further right, from time to time, to retain a consultant or consultants to inspect the Project and verify compliance by the Developer with the provisions of this Agreement. The Developer acknowledges and agrees that any such City inspections are for the sole purpose of protecting the City’s rights under this Agreement, are made solely for the City’s benefit, that the City’s inspections may be superficial and general in nature, and are for the purposes of informing the City of the progress of the Project and the conformity of the Project with the terms and conditions of this Agreement, and that the Developer shall not be entitled to rely on any such inspection(s) as constituting the City’s approval, satisfaction or acceptance of any materials, workmanship, conformity of the Project with this Agreement or otherwise. The Developer agrees to make its own regular inspections of the work of construction and installation of the Project to determine that the quality of the Project and all other requirements of the work of construction and installation of the Project are being performed in a manner satisfactory to the Developer.
25 60139.00139\32392109. 9
Section 5.8 PREVAILING WAGES.
(a) THE DEVELOPER ACKNOWLEDGES THAT THE CITY
HAS MADE NO REPRESENTATION, EXPRESS OR IMPLIED, TO THE DEVELOPER OR
ANY PERSON ASSOCIATED WITH THE DEVELOPER REGARDING WHETHER OR
NOT LABORERS EMPLOYED RELATIVE TO THE CONSTRUCTION, INSTALLATION
OR OPERATION OF THE PROJECT MUST BE PAID THE PREVAILING PER DIEM
WAGE RATE FOR THEIR LABOR CLASSIFICATION, AS DETERMINED BY THE STATE OF CALIFORNIA, PURSUANT TO LABOR CODE SECTIONS 1720, ET SEQ. THE
DEVELOPER AGREES WITH THE CITY THAT THE DEVELOPER SHALL ASSUME THE
RESPONSIBILITY AND BE SOLELY RESPONSIBLE FOR DETERMINING WHETHER
OR NOT LABORERS EMPLOYED RELATIVE TO THE CONSTRUCTION,
INSTALLATION OR OPERATION OF THE PROJECT MUST BE PAID THE PREVAILING
PER DIEM WAGE RATE FOR THEIR LABOR CLASSIFICATION, AS DETERMINED BY THE STATE OF CALIFORNIA, PURSUANT TO LABOR CODE SECTIONS 1720, ET SEQ. (b) THE DEVELOPER, ON BEHALF OF ITSELF, ITS
SUCCESSORS, AND ASSIGNS, WAIVES AND RELEASES THE CITY FROM ANY RIGHT
OF ACTION THAT MAY BE AVAILABLE TO ANY OF THEM PURSUANT TO LABOR CODE SECTION 1781. THE DEVELOPER ACKNOWLEDGES THE PROTECTIONS OF CIVIL CODE SECTION 1542 RELATIVE TO THE WAIVER AND RELEASE CONTAINED IN THIS SECTION 5.8, WHICH READS AS FOLLOWS:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE
RELEASE, WHICH IF KNOWN BY HIM MUST HAVE
MATERIALLY AFFECTED HIS SETTLEMENT WITH THE
DEBTOR.
BY INITIALING BELOW, THE DEVELOPER KNOWINGLY AND
VOLUNTARILY WAIVES THE PROVISIONS OF SECTION 1542 SOLELY IN CONNECTION WITH THE WAIVERS AND RELEASES OF THIS SECTION 5.8:
_________________
Developer’s Initials
(c) ADDITIONALLY, THE DEVELOPER SHALL INDEMNIFY,
DEFEND AND HOLD HARMLESS THE CITY, PURSUANT TO THIS SECTION 5.8, AGAINST ANY CLAIMS PURSUANT TO LABOR CODE SECTION 1781 ARISING FROM
THIS AGREEMENT OR THE CONSTRUCTION, INSTALLATION OR OPERATION OF ALL OR ANY PORTION OF THE PROJECT.
26 60139.00139\32392109. 9
Section 5.9 Certificate of Completion.
(a) Following the completion of the Project, excluding any normal and minor building “punch-list” items to be completed by the Developer, and upon written request from the Developer for issuance of a Certificate of Completion, the City shall inspect the Project to determine whether or not the Project has been completed in compliance with this Agreement. If the City determines that the Project is complete and in compliance with this Agreement, the City shall furnish the Developer with a Certificate of Completion for the Project.
If the City determines that the Project is not in compliance with this Agreement, the City shall send written notice of each non-conformity to the Developer, pursuant to 5.9(c). (b) The City shall not unreasonably withhold the issuance of a Certificate of Completion. A Certificate of Completion shall be evidence of the City’s conclusive determination of satisfactory completion of the Project pursuant to the terms of this Agreement. After the recordation of a Certificate of Completion for the Project, any person then owning or thereafter purchasing, leasing or otherwise acquiring any interest in the Property improved with the Project shall not (because of such ownership, purchase, lease or acquisition) incur any obligation or liability under this Agreement regarding construction or installation of the Project, except that such person shall be bound by any reservations, covenants, conditions, restrictions and other interests affecting the Property pursuant to this Agreement. (c) If the City fails or refuses to issue a Certificate of Completion for the Project, following a written request from the Developer, the City shall, within fifteen (15) calendar days following the City’s receipt of the Developer’s written request or within three (3) calendar days after the next regular meeting of the City Council, whichever date occurs later, provide the Developer with a written statement setting forth the reasons for the City’s failure or refusal to issue a Certificate of Completion. The statement shall also contain the City’s opinion of the action(s) the Developer must take to obtain a Certificate of Completion from the City. If the reason for the Developer’s failure to complete the Project is confined to the immediate unavailability of specific items or materials for construction or landscaping at a price reasonably acceptable to the Developer or other minor building “punch-list” items, the City may issue its Certificate of Completion upon the posting of a bond or irrevocable standby letter of credit by the Developer in a form reasonably acceptable to the City in an amount representing the fair value of the work on the Project remaining to be completed, as reasonably determined by the City. If the City fails to provide such written statement, within the specified time period, the Developer shall be deemed, conclusively and without further action of the City, to have satisfied the requirements of this Agreement with respect to the Project, as if a Certificate of Completion had been issued by the City pursuant to this Agreement. (d) A Certificate of Completion shall not be deemed to constitute a Notice of Completion under Section 3093 of the California Civil Code, nor shall it act to terminate the continuing covenants, restrictions or conditions contained in the City Deed or any other instruments recorded against the Property or set forth in this Agreement or otherwise. A Certificate of Completion is not evidence of the compliance of the Project with any Governmental Requirements. A Certificate of Completion shall not evidence the satisfaction of 27 60139.00139\32392109. 9
any obligation of the Developer to the City under this Agreement or otherwise, except the Developer’s obligation to construct and install the Project.
ARTICLE VI
SPECIAL CITY COVENANTS OF THE DEVELOPER
Section 6.1 Covenant to Maintain Property on Tax Rolls for 10 Years.
(a) The Developer shall assure that the entire Property remains on the County of San Diego, California, secured real property tax rolls for the ten (10) calendar years following the Project Completion Date
(b) For the ten (10) year period following the Project Completion Date, the Developer for itself and its successors and assigns covenants and agrees to pay all property tax bills with respect to the Property and all improvements thereon on or before the last day for the timely payment of each property tax installment on December 10 and April 10 and to timely pay all supplemental tax bills regarding the Property issued by the County of San Diego, California. The Developer further covenants and agrees to provide to the City, on or before July 31 of each year, commencing in the calendar year following the calendar year in which the Certificate of Completion for the Hotel is recorded and in each calendar year, thereafter, until the tenth (10th) anniversary of the Project Completion Date (i) a true and correct copy of all property tax assessment notices, property tax bills and property tax assessment correspondence by and between the Developer and the County of San Diego, California, regarding the Property and all improvements thereon, with respect to the preceding fiscal year of the County of San Diego, California, and (ii) cancelled checks issued by the Developer in payment of all property tax payments that are made to the County of San Diego, California, regarding the Property and all improvements thereon, with respect to the preceding fiscal year of the County of San Diego, California.
(c) The Developer understands and agrees that neither the Developer, nor its successors or assigns shall use or otherwise sell, transfer, convey, assign, lease, leaseback or hypothecate the Property or the Project or any portion thereof to any entity or person, or for any use of the Property or the Project, or any portion thereof, that is partially or wholly exempt from the payment of real property taxes or that would cause the exemption of the payment of all or any portion of real property taxes otherwise assessable regarding the Property or the Project, without the prior written consent of the City, prior to the expiration of the ten (10) year covenant term.
(d) The Developer further covenants and agrees that, if the Property, or any portion of the Property, shall be conveyed, transferred or sold by the Developer, its successors or assigns, to any entity or person, that is partially or wholly exempt from the payment of ad valorem property taxes otherwise assessable against the Property, or any portion thereof, prior to the expiration of the Covenant in this Section 6.1, the Developer, its successors or assigns shall pay to the City a fee in lieu of payment of such taxes each year in an amount determined 28 60139.00139\32392109. 9
by the City to be one percent (1.0%) of the “full cash value” of the Property, or portion thereof, as may be subject to such exemption from payment of ad valorem property taxes. The City’s determination of “full cash value” for in-lieu payment purposes under this Section 6.1(d) shall be established by the City each year, if necessary, by reference to the ad valorem property tax valuation principles and practices generally applicable to a county property tax assessor under Section 1 of Article XIIIA of the California Constitution. The City’s determination of “full cash value” and that an in-lieu payment is due shall be conclusive on such matters. If the City determines that an amount is payable by the Developer to the City as an in-lieu payment under this Section 6.1(d) in any tax year, then such amount shall be paid to the City for that tax year within forty-five (45) days following transmittal by the City to the Developer of an invoice for payment of the in-lieu amount.
(e) The covenants of this Section 6.1 shall run with the land of the Property and shall be covenants set forth in the City Deed.
Section 6.2 Maintenance Condition of the Property. The Developer for itself, its successors and assigns, covenants and agrees that:
(a) The areas of the Property that are subject to public view (including all existing and future improvements, paving, walkways, landscaping, exterior signage and ornamentation) shall be maintained in good repair and a neat, clean and orderly condition, ordinary wear and tear excepted. If, at any time within ten (10) years following the Close of Escrow, there is an occurrence of an adverse condition on any area of the Property that is subject to public view in contravention of the general maintenance standard described above (a “Maintenance Deficiency”), then the City shall notify the Developer in writing of the Maintenance Deficiency. If the Developer fails to cure or commence and diligently pursue to cure the Maintenance Deficiency within thirty (30) days of its receipt of notice of the Maintenance Deficiency, the City may conduct a public hearing, following transmittal of written notice of the hearing to the Developer, at least, ten (10) days prior to the scheduled date of such public hearing, to verify whether a Maintenance Deficiency exists and whether the Developer has failed to comply with the provisions of this Section 6.2. If, upon the conclusion of the public hearing, the City finds that a Maintenance Deficiency exists and that there appears to be non-compliance with the general maintenance standard, described above, the City shall have the right to enter the Property and perform all acts necessary to cure the Maintenance Deficiency, or to take any other action at law or in equity that may then be available to the City to accomplish the abatement of the Maintenance Deficiency. Any sum expended by the City for the abatement of a Maintenance Deficiency on Property as authorized by this Section 6.2 shall become a lien on the Property. If the amount of the lien is not paid within thirty (30) days after written demand for payment from the City to the Developer, the City shall have the right to enforce the lien in the manner as provided in Section 6.2(c). (b) Graffiti, as this term is defined in Government Code Section 38772, that has been applied at any time within 10 years following the issuance of the Certificate of Occupancy to any exterior surface of a structure or improvement on the Property that is visible from any public right-of-way adjacent or contiguous to the Property, shall be removed by the Developer by either painting over the evidence of such vandalism with a paint that has been 29 60139.00139\32392109. 9
color-matched to the surface on which the paint is applied, or graffiti may be removed with solvents, detergents or water, as appropriate. If any such graffiti and is not removed within 72 hours following the time of the discovery of the graffiti, the City shall have the right to enter the Property and remove the graffiti, without notice to the Developer. Any sum expended by the City for the removal of graffiti from the Hotel, as applicable, as authorized by this Section
6.2(b), in an amount not to exceed $250.00 per entry by the City, shall become a lien on the Hotel Parcel or the Restaurant Parcel, as applicable. If the amount of the lien is not paid within thirty (30) days after written demand to the Developer from the City, the City shall have the right to enforce its lien in the manner provided in Section 6.2(c). (c) The Parties further mutually understand and agree that the rights conferred upon the City under this Section 6.2 expressly include the power to establish and enforce a lien or other encumbrance against the Property in the manner provided under Civil Code Sections 2924, 2924b and 2924c in an amount reasonably necessary to restore the Property to the maintenance standard required under Section 6.2(a) or Section 6.2(b), including the reasonable attorneys’ fees and costs of the City associated with the abatement of the Maintenance Deficiency or removal of graffiti. For the purposes of the preceding sentence the words “reasonable attorneys’ fees and costs of the City” mean and include the salaries, benefits and costs of the City Attorney and the lawyers employed in the Office of the City Attorney. (d) The provisions of this Section 6.2, shall be a covenant running with the land of the Property for a term of twenty (20) years following the date of the Close of Escrow and shall be set forth in the City Deed, and shall be enforceable by the City. Nothing in the foregoing provisions of this Section 6.2 shall be deemed to preclude the Developer from making any alteration, addition, or other change to any structure or improvement or landscaping on the Property, provided that any such changes comply with applicable zoning and building regulations of the City.
Section 6.3 No Discrimination or Segregation. The Developer covenants by and for itself, himself or herself, its, his or her heirs, executors, administrators, and assigns, and all Persons claiming under or through it, him or her, and this Agreement is made and accepted upon and subject to the following conditions:
(a) Standards. That there shall be no discrimination against or segregation of any Person or group of Persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the Property nor shall the Developer, itself, himself or herself, or any Person claiming under or through it, him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, subtenants, sublessees, or vendees in the Property. (b) Interpretation. Notwithstanding Section 6.3(a), with respect to familial status, Section 6.3(a) shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in Section 30 60139.00139\32392109. 9
6.3(a) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil Code and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to Section 6.3(a).
(c) Covenant Running With Land. The provisions of this Section 6.3 shall be a covenant running with the land of the Property and binding on all successive owners and users of the Property.
Section 6.4 Developer Covenant to Defend this Agreement. The Developer acknowledges that the City is a “public entity” and/or a “public agency” as defined under applicable California law. Therefore, the City must satisfy the requirements of certain California statutes relating to the actions of public entities and redevelopment agencies, including, without limitation, CEQA. Also, as a public body, the City’s action in approving this Agreement may be subject to proceedings to invalidate this Agreement or mandamus. The Developer assumes the risk of delays and damages that may result to the Developer from any third-party legal actions related to the City's approval of this Agreement or the pursuit of the activities contemplated by this Agreement, even in the event that an error, omission or abuse of discretion by the City is determined to have occurred. If a third-party files a legal action regarding the City’s approval of this Agreement or the pursuit of the activities contemplated by this Agreement, the City may terminate this Agreement on thirty (30) days written notice to the Developer of the City’s intent to terminate this Agreement, referencing this Section 6.4, without any further obligation to perform the terms of this Agreement and without any liability to the Developer resulting from such termination, unless the Developer unconditionally agrees to indemnify and defend the City, with legal counsel acceptable to the City, against such thirdparty legal action, as provided hereinafter in this Section 6.4. Within 30 days of receipt of the City’s notice of intent to terminate this Agreement, as provided in the preceding sentence, the Developer may offer to defend the City, with legal counsel acceptable to the City, in the thirdparty legal action and pay all of the court costs, attorney fees, monetary awards, sanctions, attorney fee awards, expert witness and consulting fees, and the expenses of any and all financial or performance obligations resulting from the disposition of the legal action. Any such offer from the Developer must be in writing and reasonably acceptable to the City in both form and substance. Nothing contained in this Section 6.4 shall be deemed or construed to be an express or implied admission that the City is liable to the Developer or any other person or entity for damages alleged from any alleged or established failure of the City to comply with any statute, including, without limitation, CEQA.
Section 6.5 Environmental Indemnity of the City by the Developer. (a) Subject to Section 8.2, the Developer agrees, at its sole cost and expense, to fully indemnify, protect, hold harmless, and defend (with counsel selected by the Developer and approved by the City) the City and its elected officials, officers, attorneys, agents and employees and each of them, from and against any and all claims, demands, damages, losses, liabilities, obligations, penalties, fines, actions, causes of action, judgments, suits, proceedings, costs, disbursements and expenses, including, without limitation, attorney fees, disbursements and costs of attorneys, environmental consultants and other experts, and all foreseeable and 31 60139.00139\32392109. 9
unforeseeable damages or costs of any kind or of any nature whatsoever (collectively, “Environmental Losses”) that may, at any time, be imposed upon, incurred or suffered by, or claimed, asserted or awarded against, the City directly or indirectly relating to or arising from any Environmental Matters existing or occurring during or arising from the Developer’s ownership of the Property or construction or operation of the Project. (b) The Developer shall pay to the City all costs and expenses including, without limitation, reasonable attorney’s fees and costs, incurred by the City in connection with enforcement of the aforementioned environmental indemnity.
Section 6.6 Insurance. The Developer, to protect the City, its governing board, commissions, agents, attorneys, officers, employees and authorized representatives against any and all claims and liability for death, injury, loss and damage resulting from the Developer’s actions in connection with this Agreement, the Property and the Project, shall secure and maintain the insurance coverage, described in and required by this Section 6.6. The City shall have no obligation under this Agreement, until the Developer provides the required policies and/or certificates evidencing the insurance required by this Section 6.6 to the City and the City approves such evidence of insurance. The Developer shall pay any deductibles and self-insured retentions under all insurance policies issued in satisfaction of the terms of this Agreement.
(a) Workers’ Compensation Insurance Requirement: The Developer shall submit written proof that the Developer is insured against liability for workers’ compensation in accordance with the provisions of Section 3700 of the Labor Code. By executing this Agreement, the Developer makes the following certification, required by Section 1861 of the Labor Code:
“I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of the Agreement.”
(1) The Developer shall require each contractor and sub-contractor performing work on the Project or the Property to provide workers’ compensation coverage for all of such contractor’s or sub-contractor’s employees, unless the contractor’s or sub-contractor’s employees are covered by workers' compensation insurance provided by the Developer. If any class of employees engaged in work or services performed in connection with the Hotel is not covered by Labor Code Section 3700, the Developer shall provide and/or require each contractor or sub-contractor to provide adequate workers’ compensation insurance covering such employees.
32 60139.00139\32392109. 9
(b) Liability and Permanent Insurance Requirements:
(1) The Developer shall maintain in full force and effect, until the Project Completion Date, subject to sub-section (e), the following insurance coverage:
(i) Commercial General Liability Insurance coverage,
including, but not limited to, Premises-Operations, Contractual Liability Insurance (specifically covering the indemnity obligations of the Developer pursuant to this Agreement), ProductsCompleted Operations Hazards, Personal Injury (including bodily injury and death), and Property Damage for liability arising out of the construction of the Project and/or the Developer’s operation of the Property or the Project. Said commercial general liability insurance coverage shall have minimum limits for Bodily Injury and Property Damage liability of TWO MILLION DOLLARS ($2,000,000) each occurrence and FOUR MILLION DOLLARS ($4,000,000) aggregate.
(ii) Automobile Liability Insurance against claims of Personal Injury (including bodily injury and death) and Property Damage covering all owned, leased, hired and non-owned vehicles used by the Developer with minimum limits for Bodily Injury and Property Damage of ONE MILLION DOLLARS ($1,000,000) each occurrence and TWO MILLION DOLLARS ($2,000,000) aggregate. Such insurance shall be provided by a business or commercial vehicle policy.
(iii) If the Developer hires a consultant to provide design services, such as architectural or engineering services in connection with the Project, or any portion of the Project, the Developer shall require each such consultant to provide Professional Liability (Errors and Omissions) Insurance, for liability arising out of, or in connection with, the performance of such design services, with limits of not less than ONE MILLION DOLLARS ($1,000,000).
(c) During the construction of the Project, the Developer shall require that each contractor performing work on the Project maintain the following insurance coverage, as specified below, at all times during the performance of said work:
(1) Each General Contractor shall maintain Builder’s Risk Insurance to be written on an All Risk Completed Value form, in an aggregate amount equal to 100% of the completed insurable value of the Project on which such contractor is performing work.
(2) Each General Contractor and each sub-contractor shall maintain Commercial General Liability Insurance with limits of not less than ONE MILLION DOLLARS ($1,000,000) per occurrence and TWO MILLION DOLLARS ($2,000,000) aggregate to protect the Developer during the construction of the Project from claims involving bodily injury and/or death and damage to the property of others. (3) Each General Contractor and each sub-contractor shall maintain Automobile Liability Insurance against claims of personal injury (including bodily injury and 33 60139.00139\32392109. 9
death) and property damage covering all owned, leased, hired and non-owned vehicles used in the performance of the contractor’s obligations with minimum limits for bodily injury and property damage of ONE MILLION DOLLARS ($1,000,000) each occurrence and TWO MILLION DOLLARS ($2,000,000) aggregate. Such insurance shall be provided by a business or commercial vehicle policy.
(d) The Commercial General Liability Insurance required in sub-section (b)(1)(i) above, shall include an endorsement naming the City, the City’s board members, and the City’s elected officials, officers, agents, and employees as additional insureds for liability arising out of this Agreement and any operation related to this Agreement. (e) If any of the insurance coverage required under this Agreement is written on a claims-made basis, such insurance policy shall provide an extended reporting period continuing through the fifth (5th) anniversary of the Project Completion Date. The requirements of this sub-section (e) shall survive any expiration or termination of this Agreement and the recordation of the City Deed and each and every Certificate of Completion for any phase of the Project.
(f) Receipt by the City of evidence of insurance that does not comply with the above requirements shall not constitute a waiver of the insurance requirements of this Agreement.
(g) Subject to sub-section (e), the above required insurance coverage shall be maintained by the Developer or its contractors, as required by the terms of this Agreement, until the Project Completion Date, and shall not be reduced, modified, or canceled without, at least, thirty (30) days prior written notice to the City. Also, phrases such as “endeavor to” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company” shall not be included in the cancellation wording of any Certificates of Insurance or any coverage for the City, the City’s board members, agents, and employees. The Developer shall immediately obtain replacement coverage for any insurance policy that is terminated, canceled, non-renewed, or whose policy limits are exhausted or upon insolvency of the insurer that issued the policy.
(h) All insurance to be obtained and maintained by the Developer under this Agreement shall be issued by a company or companies listed in the then current “Best's Key Rating Guide” publication with a minimum of an “AVII” rating and be admitted to business in the State of California by the State of California Department of Insurance. (i) The City will not accept self-insurance in satisfaction of the insurance requirements of this Section 6.6.
(j) All insurance obtained and maintained by the Developer in satisfaction of the requirements of this Agreement shall be primary to and not contributing to any insurance maintained by the City.
34 60139.00139\32392109. 9
(k) Insurance coverage in the minimum amounts set forth in this Agreement shall not be construed to relieve the Developer of any liability, whether within, outside, or in excess of such coverage, and regardless of solvency or insolvency of the insurer that issues the coverage; nor shall it preclude the City from taking such other actions as are available to it under any other provision of this Agreement or otherwise at law. (l) Failure by the Developer to maintain all insurance required by this Agreement in effect at all times shall be an Event of Default by the Developer. The City, at its sole option, may exercise any remedy available to it in connection with such an Event of Default. Additionally, the City may purchase such required insurance coverage and the City shall be entitled to immediate payment from the Developer for any premiums and associated costs paid by the City for such insurance coverage. Any election by the City to purchase or not to purchase insurance for the Developer shall not relieve the Developer of its obligation to obtain and maintain the insurance coverage required by this Agreement.
Section 6.7 Covenant to Maintain Hotel Flag and Brand Scale. The Developer covenants to the City that the Hotel shall only be operated under the name, flag or brand of Marriott (TownePlace Suites) or Hilton (Home 2 Suites), or as otherwise provided herein, throughout each of the ten (10) years immediately following the date of issuance of a final Certificate of Occupancy by the City for the Hotel and that the Developer shall not amend or otherwise modify or terminate the Hotel Agreement during the ten (10) years immediately following the date of issuance of a final Certificate of Occupancy by the City for the Hotel, without the prior written consent of the City. The Developer may submit a written request to the City for approval to change the name, flag or brand of the Hotel to another national hotel franchise name, flag or brand. Any such request to change the name, flag or brand of the Hotel shall be accompanied by a detailed statement of the reasons for the proposed change and a hotel franchise agreement executed by both the developer and the proposed new national hotel franchisor, contingent upon the City’s approval of the Developer’s request. The City may approve or disapprove any request from the Developer to change the name, flag or brand of the Hotel in the City’s sole and absolute discretion. Any approval or disapproval of a change in the name, flag or brand of the Hotel by the City shall be in writing.
Section 6.8 Survival of City Covenants. Each of the City covenants set forth in this ARTICLE VI shall be a covenant running with the land of the Property and each such special City covenant shall survive the Close of Escrow, execution and recordation of the City Deed and issuance and recordation of each and every Certificate of Completion for any phase of the Project, for the time period specifically set forth in each such special City covenant. 35 60139.00139\32392109. 9
ARTICLE VII
DEVELOPER FINANCING OF PROPERTY ACQUISITION
AND PROJECT DEVELOPMENT
Section 7.1 Recordation of Construction Loan Deed of Trust. The Developer covenants to the City that the Developer shall cause a Deed of Trust to be recorded against the Property, at the Close of Escrow, securing repayment of a Loan from which the proceeds are to be applied solely for the purpose of paying the reasonable costs of obtaining such Loan(s) and all of the costs of construction and installation of the Project.
Section 7.2 Encumbrances and Liens. The Developer shall not record and shall not allow to be recorded against the Property or any portion of the Property any mortgage, trust deed, deed of trust, encumbrance or lien not expressly authorized by this Agreement. The Developer shall remove, or shall have removed, any unauthorized lien, encumbrance, mortgage, levy or attachment made or recorded against the Property or any portion of the Property, or shall assure the satisfaction thereof to the satisfaction of the City. The covenants of the Developer set forth in this Section 7.2 regarding the placement of any unauthorized mortgage, trust deed, deed of trust, encumbrance or lien on the Property shall only remain in effect until recordation of the Certificate of Completion for the Project. After one hundred twenty (120) calendar days prior written notice to the Developer, the City shall have the right, but not the obligation, to satisfy any unauthorized liens or encumbrances against the Property and receive reimbursement from the Developer for any amounts paid or incurred in satisfying any such lien or encumbrance, upon demand. Nothing in this Section 7.2, though, shall require the Developer to pay or make provisions for the payment of any tax, assessment, lien or charge that the Developer is in the process of contesting the validity or amount thereof, in good faith, and so long as such contest shall not subject the Property, or any portion thereof, to forfeiture or sale.
Section 7.3 Rights of Construction Lenders and City Regarding Permitted Security Interests.
(a) Notwithstanding any provision to the contrary, the Developer may, prior to the Project Completion Date, execute a Construction Loan Deed of Trust in favor of a Construction Lender to secure repayment of a Construction Loan expressly authorized by this Agreement with respect to each phase of the Project.
(b) The Developer shall promptly notify the City of any mortgage, deed of trust or other refinancing, encumbrance or lien created or attached to the Property or any portion of the Property, prior to the Project Completion Date, whether by voluntary act of the Developer or otherwise; provided, however, that no notice of filing of preliminary notices or mechanic’s liens need be given by the Developer to the City, prior to suit being filed to foreclose any such mechanic’s lien.
(c) Whenever the City delivers any notice or demand to the Developer regarding any breach or default by the Developer under this Agreement that, if not timely cured by the Developer, would entitle the City to terminate this Agreement, the City shall send a copy 36 60139.00139\32392109. 9
of such notice to each Construction Lender. Whenever the City delivers any notice or demand to the Developer regarding any breach or default by the Developer under this Agreement that, if not timely cured by the Developer, would entitle the City to exercise its power of termination of the fee interest of all or any portion of the Property, pursuant to Section 9.8, the City shall send a copy of such notice or demand to each Construction Lender holding a security interest under a Construction Loan Deed of Trust in a portion of the Property that may be subject to the City’s power of termination by virtue of such notice to the Developer. Each Construction Lender receiving a copy of any such notice shall have the right, at its option, to commence the cure or remedy of any such default of the Developer and to diligently and continuously proceed with such cure or remedy, within one hundred twenty (120) calendar days after the receipt of notice of the default and add the cost of the cure or remedy to the Construction Loan and the lien of its Construction Loan Deed of Trust. If such default of the Developer can only be remedied or cured by the Construction Lender upon obtaining possession of the Parcel in which it holds a security interest, the Construction Lender shall seek to obtain possession of the Parcel with diligence and continuity through a receiver or otherwise, and shall remedy or cure such default of the Developer within one hundred twenty (120) calendar days after obtaining possession of the Parcel. If a default of the Developer under this agreement cannot with diligence be remedied or cured, or the remedy or cure of which cannot be commenced, within such one hundred twenty (120) calendar day period, the Construction Lender shall have such additional time as is reasonably necessary to remedy or cure such default of the Developer. Nothing contained in this Agreement shall be deemed to permit or authorize any Construction Lender to undertake or continue the construction of the any portion of the Project (beyond the extent necessary to conserve or protect improvements or construction already made), without expressly assuming the Developer’s obligations under this Agreement by written agreement satisfactory to the City, in which the Construction Lender agrees to complete, in the manner provided in this Agreement, the improvements to which the lien or title of the Construction Lender relates and must submit evidence satisfactory to the City that it has the qualifications and financial capability necessary to perform such obligations. (d) In any case where, one hundred eighty (180) calendar days after delivery of notice of a default of the Developer under Section 7.3(c), an affected Construction Lender has not exercised the option provided in Section 7.3(c) to construct the applicable portions of the Project, or has exercised the option, but has not proceeded diligently and continuously with construction, the City shall have the option, in the City’s sole discretion, to purchase the Construction Loan Deed of Trust of such Construction Lender and any other security interest of such Construction Lender under its Construction Loan Documents by payment to the Construction Lender of the amount of its unpaid Construction Loan, including principal, accrued and unpaid interest, late charges, costs, expenses and other amounts payable to the Construction Lender by the Developer under its Construction Loan Documents and, if the ownership of the Property or any portion of the Property has vested in such Construction Lender, the City, at its option, but not its obligation, shall be entitled to a conveyance of any title or interest in the Parcel vested in such Construction Lender from such Construction Lender to the City or its designee.
37 60139.00139\32392109. 9
(e) After expiration of the one hundred eighty (180) calendar day period, provided for in Section 7.3(d), any affected Construction Lender may demand, in writing, that the City act to exercise or forego the option granted in Section 7.3(d). If the City fails to exercise the right granted in Section 7.3(d) within sixty (60) calendar days from the date of the City’s receipt of such written demand from a Construction Lender, the City shall be conclusively deemed to have waived its right of purchase of any security interest created by that Construction Lender’s Construction Loan Documents, pursuant to Section 7.3(d). (f) In the event of a default or breach by the Developer under any Construction Loan Documents, prior to the Project Completion Date, where the Construction Lender has not exercised its option to complete the applicable phase of the Project under Section 7.3(c), the City may cure the default of the Developer under the applicable Construction Loan Documents, but is under no obligation to do so, prior to completion of any sale or foreclosure of the affected Parcel under the applicable Construction Loan Documents. The City shall be entitled to reimbursement from the Developer of all costs and expenses incurred by the City in curing any default of the Developer under any Construction Loan Documents.
ARTICLE VIII
REPRESENTATIONS AND WARRANTIES
Section 8.1 Representations and Warranties by the Developer. The Developer makes the following representations, covenants and warranties as of the Effective Date and acknowledges that the execution of this Agreement by the City is made in material reliance by the City on such covenants, representations and warranties of the Developer:
(a) The Developer has taken all requisite action and obtained all requisite consents in connection with entering into this Agreement, such that this Agreement is valid and enforceable against the Developer in accordance with its terms and each instrument to be executed by the Developer pursuant to or in connection with this Agreement will, when executed, be valid and enforceable against the Developer in accordance with its terms. No approval, consent, order or authorization of, or designation or declaration of any other person, is required in connection with the valid execution, delivery or performance of this Agreement by the Developer.
(b) The Developer represents and warrants to the City that the Hotel shall only be operated under the name or brand of Marriott (TownePlace Suites) or Hilton (Home 2 Suites), or as otherwise provided herein, throughout each of the ten (10) years immediately following the date of issuance of a final Certificate of Occupancy by the City for the Hotel. (c) If the Developer becomes aware of any act or circumstance that would change or render incorrect, in whole or in part, any representation or warranty made by the Developer under this Agreement, whether as of the date given or any time thereafter, whether or not such representation or warranty was based upon the Developer’s knowledge and/or belief as of a certain date, the Developer will give immediate written notice of such changed fact or circumstance to the City.
38 60139.00139\32392109. 9
Section 8.2 Representations and Warranties of the City. The City makes the following representations, covenants, and warranties as of the Effective Date and acknowledges that the execution of this Agreement by the Developer is made in material reliance by the Developer on such covenants, representations, and warranties of the City:
(a) Title to the Property. City is the sole fee title owner to the Property, and has good, marketable and indefeasible title, and no other person or entity has any legal right or interest in the Property except as set forth in the Preliminary Report. Notwithstanding the foregoing, Developer acknowledges that City has received title through a Quit Claim deed and, as such, holds title subject to any limitation thereon. (b) Pending Proceedings. To City’s knowledge, there are no suits, proceedings, litigation, condemnation, or investigations pending or threatened against or affecting the Property or City in any court at law or in equity, or before or by any governmental agency that would prevent City from meeting its obligations under this Agreement or that could result in a material adverse change in the condition, use, value or development of the Property. (c) No Rights to Acquire Property. City has not granted any rights to acquire the Property to any other person or entity, and as long as this Agreement remains in force, City will not lease, transfer, option, mortgage, pledge, or convey its interest in the Property or any portion thereof nor any right therein, nor shall City enter into any agreement granting to any person or entity any option to purchase or rights with respect to the Property or any part thereof.
There are no Leases on the Property and the City shall not grant or enter into a Lease for the Property or any part thereof. Notwithstanding the foregoing, Developer acknowledges and agrees that City may grant a license or similar right to third parties to utilize the Property provided any such rights terminate not less than ten (10) days prior to the close escrow. (d) Hazardous Materials. To City’s knowledge, there exists no asbestos, underground or above ground storage tanks, hazardous waste or other toxic or hazardous materials of any kind or any other environmental condition or whether the property is in compliance with applicable laws, rules and regulations. “Hazardous Materials” means any toxic or hazardous substance, material or waste or any pollutant or contaminant or infectious or radioactive material, chemical, waste, toxicant, or pesticide regulated by any federal, state or local law, statute, rule, regulation or ordinance for the protection of health or the environment, including asbestos-containing materials, methane and any petroleum products or fractions thereof and any asbestos-containing materials (“Environmental Laws”). Notwithstanding the foregoing, Developer acknowledges that the City has only regained title on ____________. As such, this representation is limited to the timeframe in since _____________ until the date of escrow closing.
Where the term “City’s knowledge” is used, it is limited to the actual knowledge of the City Manager and the Director of Development Services, with no duty or obligation of investigation.
39 60139.00139\32392109. 9
ARTICLE IX
DEFAULTS, REMEDIES AND TERMINATION
Section 9.1 Defaults - General.
(a) Subject to any extensions of time provided for in this Agreement and this Section 9.1, failure or delay by either Party to perform any term or provision of this Agreement shall constitute a default under this Agreement. The injured Party shall give written notice of default to the Party in default, specifying the default complained of by the non-defaulting Party.
Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default.
(b) If a Party otherwise in default commences to cure, correct or remedy such default, within thirty (30) calendar days after receipt of written notice from the injured Party specifying such default, and shall diligently and continuously prosecute such cure, correction or remedy to completion (and where any time limits for the completion of such cure, correction or remedy are specifically set forth in this Agreement, then within said time limits), such Party shall not be deemed to be in default under this Agreement. (c) Any failure or delays by either Party in asserting any of their rights and/or remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies. Delays by either Party in asserting any of their rights and/or remedies shall not deprive either Party of its right to institute and maintain any actions or proceedings that it may deem necessary to protect, assert or enforce any such rights or remedies.
Section 9.2 Events of Default. In addition to other acts or omissions of the Developer that may legally or equitably constitute a default or breach of this Agreement, the occurrence of any of the following specific events shall constitute an “Event of Default” under this Agreement, and, if they occur prior to the issuance of a Certificate of Completion for the Project, they shall not be subject to the provisions of Section 9.1:
(a) Any default by the Developer under any Construction Loan Documents for any purpose or reason.
(b) Any breach by the Developer of any of the non-monetary covenants and conditions of this Agreement that is not cured to the City’s reasonable satisfaction within thirty (30) days following written notice of the breach to the Developer from the City or the expiration of an applicable shorter cure period set forth in this Agreement. (c) Any representation, warranty or disclosure made to the City by the Developer regarding this Agreement or the Project is materially false or misleading, pursuant to Section 8.1.
40 60139.00139\32392109. 9
(d) The Developer fails to make any payment or deposit of funds required under this Agreement or to pay any other charge set forth in this Agreement, following seven (7) days’ written notice to the Developer from the City of such failure. (e) Any material deviation in the work of improvement of the Project from the approved Scope of Development, without the prior written approval of the City, or the appearance of defective workmanship or materials and such defects are not corrected or substantially corrected, within thirty (30) days after receipt of written notice thereof from the City to the Developer.
(f) Subject to the extensions of time or excuses for performance in this Agreement, the construction of the Hotel is delayed or suspended for a period in excess of that permitted under this Agreement; or the development of the Hotel does not proceed with due diligence, pursuant to the Schedule of Performance, subject to the occurrence of an Unavoidable Delay; or the Hotel is not completed by the Project Completion Date. (g) The Hotel is not operated under the name or brand of Marriott (TownePlace Suites) or Hilton (Home 2 Suites), or as otherwise provided herein, throughout each of the ten (10) years immediately following the date of issuance of a final Certificate of Occupancy by the City for the Hotel, unless otherwise agreed by the City in writing, pursuant to Section 6.7.
(h) Subject to Section 1.3, there occurs any event of dissolution, reorganization or termination of the Developer that adversely and materially affects the operation or value of the Property, and such event is not corrected within twenty days following written notice of such event from the City to the Developer. (i) The Developer sells, Transfers, hypothecates, encumbers or assigns its interest in this Agreement, the Property, or Project, or any portion thereof, whether voluntarily or involuntarily or by operation of law, in violation of the terms and conditions of this Agreement.
(j) The Developer becomes insolvent or a receiver is appointed to conduct the affairs of the Developer under state or federal law; (k) The Developer’s legal status as a California limited liability company authorized by the Secretary of State of the State of California to transact business in California is suspended or terminated.
Section 9.3 PRE-CLOSING LIQUIDATED DAMAGES TO THE
CITY. UPON THE OCCURRENCE OF AN EVENT OF DEFAULT OR OTHER MATERIAL
DEFAULT OF THE DEVELOPER UNDER THIS AGREEMENT PRIOR TO THE CLOSE OF
ESCROW, THE CITY MAY TERMINATE THIS AGREEMENT AND CANCEL THE
ESCROW, PURSUANT TO THE PROCEDURES AND OBLIGATIONS OF THE PARTIES SET FORTH IN SECTION 4.10, WITHOUT ANY LIABILITY OF THE CITY TO THE DEVELOPER OR ANY OTHER PERSON ARISING FROM SUCH ACTIONS. THE CITY 41 60139.00139\32392109. 9
AND THE DEVELOPER ACKNOWLEDGE THAT IT IS EXTREMELY DIFFICULT AND
IMPRACTICAL, IF NOT IMPOSSIBLE, TO ASCERTAIN THE AMOUNT OF DAMAGES
THAT WOULD BE SUFFERED BY THE CITY, IN THE EVENT OF A TERMINATION OF
THIS AGREEMENT DUE TO THE OCCURRENCE OF AN EVENT OF DEFAULT OR
OTHER MATERIAL DEFAULT OF THE DEVELOPER UNDER THIS AGREEMENT PRIOR TO THE CLOSE OF ESCROW. HAVING MADE DILIGENT BUT
UNSUCCESSFUL ATTEMPTS TO ASCERTAIN THE ACTUAL DAMAGES THE CITY
WOULD SUFFER, IN THE EVENT OF A TERMINATION OF THIS AGREEMENT DUE TO
THE OCCURRENCE OF AN EVENT OF DEFAULT OR OTHER MATERIAL DEFAULT OF
THE DEVELOPER UNDER THIS AGREEMENT PRIOR TO THE CLOSE OF ESCROW,
THE CITY AND THE DEVELOPER AGREE THAT A REASONABLE ESTIMATE OF THE CITY’S DAMAGES IN SUCH EVENT IS FIFTY THOUSAND DOLLARS ($50,000) (“LIQUIDATED DAMAGES AMOUNT”). THEREFORE, UPON THE TERMINATION OF
THIS AGREEMENT BY THE CITY DUE TO THE OCCURRENCE OF AN EVENT OF
DEFAULT OR OTHER MATERIAL DEFAULT OF THE DEVELOPER UNDER THIS
AGREEMENT PRIOR TO THE CLOSE OF ESCROW, ESCROW HOLDER SHALL
IMMEDIATELY CANCEL THE ESCROW AND THE DEVELOPER SHALL PAY THE LIQUIDATED DAMAGES AMOUNT TO THE CITY WITHIN FIVE (5) DAYS OF ESCROW CANCELLATION. RECEIPT OF THE LIQUIDATED DAMAGES AMOUNT SHALL BE THE CITY’S SOLE AND EXCLUSIVE REMEDY UPON THE OCCURRENCE
OF AN EVENT OF DEFAULT OR OTHER MATERIAL DEFAULT OF THE DEVELOPER UNDER THIS AGREEMENT PRIOR TO THE CLOSE OF ESCROW.
CITY’S INITIALS: _____ DEVELOPER’S INITIALS: _____
Section 9.4 DEVELOPER’S WAIVER OF RIGHT TO SPECIFIC
PERFORMANCE AND LIMITATION ON RECOVERY OF DAMAGES
PRIOR TO CLOSE OF ESCROW.
(a) THE DEVELOPER WAIVES ANY RIGHT TO MAINTAIN AN
ACTION AGAINST THE CITY FOR SPECIFIC PERFORMANCE OF ANY TERM OR PROVISION OF THIS AGREEMENT, PRIOR TO THE CLOSE OF ESCROW. IN THE
EVENT OF ANY MATERIAL BREACH OF THIS AGREEMENT BY THE CITY PRIOR TO
THE CLOSE OF ESCROW, THE DEVELOPER SHALL BE LIMITED TO RECOVERING
ANY AMOUNTS ACTUALLY EXPENDED BY THE DEVELOPER IN PROCESSING THE
DEVELOPMENT APPLICATIONS FOR THE PROJECT, PRIOR TO THE DATE OF THE CITY’S MATERIAL BREACH. THE DEVELOPER WAIVES ANY RIGHT TO RECOVER
ANY OTHER SUMS FROM THE CITY ARISING FROM A MATERIAL BREACH OF THIS AGREEMENT BY THE CITY PRIOR TO THE CLOSE OF ESCROW. THE DEVELOPER ACKNOWLEDGES THE PROTECTIONS OF CIVIL CODE SECTION 1542 RELATIVE TO THE WAIVER AND RELEASE CONTAINED IN THIS SECTION 9.4, WHICH CIVIL CODE SECTION READS AS FOLLOWS:
A GENERAL RELEASE DOES NOT EXTEND TO
CLAIMS THAT THE CREDITOR OR RELEASING
PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN
42 60139.00139\32392109. 9
HIS OR HER FAVOR AT THE TIME OF EXECUTING
THE RELEASE AND THAT, IF KNOWN BY HIM OR
HER, WOULD HAVE MATERIALLY AFFECTED HIS OR
HER SETTLEMENT WITH THE DEBTOR OR RELEASED
PARTY.
(b) BY INITIALING BELOW, THE DEVELOPER KNOWINGLY AND
VOLUNTARILY WAIVES THE PROVISIONS OF SECTION 1542 SOLELY IN CONNECTION WITH THE WAIVERS AND RELEASES OF THIS SECTION 9.4:
_______________________
DEVELOPER’S INITIALS
Section 9.5 Legal Actions.
(a) Following the Close of Escrow, either Party may institute legal action to cure, correct or remedy any default, to recover damages for any default, or to obtain any other remedy available to that Party under this Agreement or at law or in equity. Such legal actions must be instituted in the Superior Court of the State of California in and for the County of San Diego, California, in any other appropriate court within the County of San Diego, California, or in the United States District Court for the Southern District of California. (b) The laws of the State of California shall govern the interpretation and enforcement of this Agreement. The Parties acknowledge and agree that this Agreement is entered into, is to be fully performed in and relates to real property located in the City of Santee, County of San Diego, California.
Section 9.6 Rights and Remedies are Cumulative. Except as otherwise expressly stated in this Agreement, the rights and remedies of the Parties as set forth in this Article IX are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
Section 9.7 Subject to section 10.5, the City hereby reserves a power of termination pursuant to Civil Code Sections 885.010, et seq., exercisable by the City, in its reasonable discretion, upon thirty (30) calendar days written notice to the Developer referencing this Section 9.7, and also upon reimbursing the Developer’s purchase price, to terminate the fee simple estate of the Developer in the Property and/or any improvements to such property and revest such fee title in the City and take possession of all or any portion of such real property and improvements, if, after conveyance of title to the Property and prior to the start of construction, the developer abandons or suspends construction for 6 months. 43 60139.00139\32392109. 9
CITY’S INITIALS: _____ DEVELOPER’S INITIALS: _____
(a) Upon the City’s exercise of its power of termination pursuant to this Section 9.7, the Developer or its successors or assigns shall convey by grant deed to the City title to the entirety of the Property, as specified in the City’s notice pursuant to Section 9.7(a), and all improvements thereon in accordance with Civil Code Section 1109, as such code section may hereafter be amended, renumbered, replaced or substituted. Such conveyance shall be duly acknowledged by the Developer and a notary in a manner suitable for recordation. The City may enforce its rights pursuant to this Section 9.7 by means of an injunctive relief or forfeiture of title action filed in any court of competent jurisdiction. (b) THE DEVELOPER ACKNOWLEDGES AND AGREES THAT THE
CITY’S EXERCISE OF ITS POWER OF TERMINATION PURSUANT TO THIS SECTION
9.7 SHALL WORK A FORFEITURE OF THE ESTATE IN THE PROPERTY CONVEYED TO THE DEVELOPER THROUGH THE CITY DEED. THE DEVELOPER HEREBY
EXPRESSLY WAIVES, TO THE MAXIMUM EXTENT ALLOWED BY LAW, ANY AND
ALL EQUITABLE AND LEGAL DEFENSES THAT THE DEVELOPER MAY HAVE TO
SUCH FORFEITURE, INCLUDING, BUT NOT LIMITED TO, THE DEFENSES OF
LACHES, WAIVER, ESTOPPEL, SUBSTANTIAL PERFORMANCE OR COMPENSABLE DAMAGES. THE DEVELOPER FURTHER EXPRESSLY WAIVES, TO THE MAXIMUM
EXTENT ALLOWED BY LAW, ANY AND ALL RIGHTS AND DEFENSES THAT THE DEVELOPER MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 3275 OR ANY OTHER STATUTE OR COMMON LAW PRINCIPLE OF SIMILAR EFFECT. THE
DEVELOPER ACKNOWLEDGES THAT THE TERMS AND CONDITIONS OF THIS
AGREEMENT REFLECT THE POSSIBILITY OF FORFEITURE BY VIRTUE OF THE EXERCISE OF THE CITY’S POWER OF TERMINATION PROVIDED IN THIS SECTION
9.7 AND FURTHER ACKNOWLEDGES THAT IT HAS RECEIVED INDEPENDENT AND
ADEQUATE CONSIDERATION FOR ITS WAIVER AND RELINQUISHMENT OF RIGHTS AND REMEDIES PURSUANT TO THIS SECTION 9.7.
______________________
DEVELOPER’S INITIALS
Section 9.8 Developer Indemnification of the City. In addition to any other specific indemnification or defense obligations of the Developer set forth in this Agreement, the Developer agrees to indemnify, defend (upon written request by the City and with counsel reasonably acceptable to the City) and hold harmless the City, its governing board, commissions, agents, officers, employees, attorneys and authorized representatives from any and all losses, liabilities, charges, damages, claims, liens, causes of action, awards, judgments, costs and expenses, including, but not limited to reasonable attorney's fees of counsel retained by the City, expert fees, costs of staff time, and investigation costs, of whatever kind or nature, that are in any manner directly or indirectly caused, occasioned or contributed to in whole or in part, through any act or omission, whether active or passive, of the Developer or the Developer’s officers, agents, employees, independent contractors, subcontractors of any tier, or authorized representatives, relating in any manner to this Agreement, any work to be performed 44 60139.00139\32392109. 9
by the Developer related to this Agreement, the Project, or any authority or obligation exercised or undertaken by the Developer under this Agreement. Without limiting the generality of the foregoing, the Developer’s obligation to indemnify the City shall include injury or death to any person or persons, damage to any property, regardless of where located, including the property of the City, any workers’ compensation or prevailing wage determination, claim or suit or any other matter arising from or connected with any defective goods or materials provided or services or labor performed regarding the Project or the Property on behalf of the Developer by any person or entity.
ARTICLE X
GENERAL PROVISIONS
Section 10.1 Notices, Demands and Communications Between the Parties.
(a) Any and all notices, demands or communications submitted by any Party to another Party pursuant to or as required by this Agreement shall be proper, if in writing and dispatched by messenger for immediate personal delivery, by a nationally recognized overnight courier service or by registered or certified United States mail, postage prepaid, return-receipt requested, to the principal office of the City or the Developer, as applicable, as designated in sub-section (b). Such written notices, demands and communications may be sent in the same manner to such other addresses as either Party may from time to time designate. Any such notice, demand or communication shall be deemed to be received by the addressee, regardless of whether or when any return receipt is received by the sender or the date set forth on such return receipt, on the day that it is delivered by personal delivery, on the date of delivery by a nationally recognized overnight courier service or three (3) calendar days after it is placed in the United States mail, as provided in this Section 10.1(a). (b) The following are the authorized addresses for the submission of notices, demands or communications to the Parties:
To the Developer: Excel Acquisitions, LLC
10174 Old Grove Road, Suite 200
San Diego, CA 92131
Attention: Neil Patel
With courtesy copy to: David Ferguson
Lounsbery Ferguson Altona & Peak
960 Canterbury Place, Ste 300
Escondido, CA 92025
To the City: City of Santee
10601 Magnolia Ave.
Santee, CA 92071
Attention: City Manager
45 60139.00139\32392109. 9
With courtesy copy to: Best Best & Krieger, LLP
655 West Broadway, 15th Floor
San Diego, CA 92101
Attention: Elizabeth Wagner Hull, Esq.
Section 10.2 Conflict of Interest. No member, official or employee of the City having any conflict of interest, direct or indirect, related to this Agreement or the development of the Project on the Property shall participate in any decision relating to this Agreement. The Parties represent and warrant that they do not have knowledge of any such conflict of interest.
Section 10.3 Warranty Against Payment of Consideration for Agreement. The Developer warrants that it has not paid or given, and will not pay or give, any third party any money or other consideration for obtaining this Agreement. Third parties, for the purposes of this Section 10.3, shall not include persons to whom fees are paid for professional services, if rendered by attorneys, financial consultants, accountants, engineers, architects and the like when such fees are considered necessary by the Developer.
Section 10.4 Non-liability of City Officials and Employees. No member, official or employee of the City shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the City under this Agreement or for any amount that may become due to the Developer or to its successor, or on any obligations under the terms of this Agreement, except as may arise from the gross negligence or willful acts of such member, official or employee.
Section 10.5 Unavoidable Delay; Extension of Time of Performance. (a) Subject to specific provisions of this Agreement, performance by either Party under this Agreement shall not be deemed to be in default, or considered to be a default, where any such delays or defaults are due to an Unavoidable Delay that is not attributable to the fault of the Party claiming an extension of time to perform. An extension of time for any Unavoidable Delay shall be for the period of the Unavoidable Delay and shall commence to run from the date of occurrence of the Unavoidable Delay, but only if the Party asserting the existence of the Unavoidable Delay has first provided the other Party with written notice of the occurrence of the Unavoidable Delay within ten (10) days of the commencement of such asserted Unavoidable Delay.
(b) The Parties expressly acknowledge and agree that changes in either general economic conditions or changes in the economic assumptions of either of them that may have provided a basis for entering into this Agreement and that occur at any time after the execution of this Agreement, do not constitute an Unavoidable Delay and do not provide any Party with grounds for asserting the existence of an Unavoidable Delay in the performance of any covenant or undertaking arising under this Agreement. Each Party expressly assumes the risk that changes in general economic conditions or changes in such economic assumptions relating to the terms and covenants of this Agreement could impose an inconvenience or hardship on the continued performance of such Party under this Agreement. 46 60139.00139\32392109. 9
Section 10.6 Intentionally Left Blank
Section 10.7 Real Estate Commissions. The City shall not be liable for any real estate commissions, brokerage fees or finder fees that may arise from or be related to this Agreement. The Developer shall pay any fees or commissions or other expenses related to its retention or employment of real estate brokers, agents or other professionals.
Section 10.8 Binding on Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, executors, administrators, legal representatives, successors and assigns.
Section 10.9 Entire Agreement.
(a) This Agreement shall be executed in four (4) duplicate originals, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. This Agreement includes __ pages and __ exhibits, that constitute the entire understanding and Agreement of the Parties regarding the Project and the Property. (b) This Agreement integrates all of the terms and conditions mentioned in this Agreement or incidental to this Agreement, and supersedes all negotiations or previous agreements between the Parties with respect to the Property and the Project. (c) None of the terms, covenants, agreements, or conditions set forth in this Agreement shall be deemed to be merged with any deed conveying title to the Property, and this Agreement shall continue in full force and effect before and after such conveyances. (d) All waivers of the provisions of this Agreement and all amendments to this Agreement must be in writing and signed by the authorized representative(s) of both the City and the Developer.
Section 10.10 Execution of this Agreement. Following execution of this agreement by the authorized representative(s) of the Developer and prompt delivery, thereafter, to the City, accompanied by an official action of the governing body of the Developer authorizing the individuals executing this Agreement on behalf of the Developer to do so, in form and substance acceptable to the City, this Agreement shall be subject to the review and approval by the governing body of the City, in its sole and absolute discretion, no later than forty-five (45) calendar days after the date of delivery to the City of this Agreement executed by the authorized representative(s) of the Developer and an official action of the governing body of the Developer authorizing such execution. If the City has not approved, executed, and delivered this Agreement to the Developer within the foregoing time period, then no provision of this Agreement shall be of any force or effect for any purpose.
Section 10.11 Survival of Indemnity Obligations. All general and specific indemnity and defense obligations of the Parties set forth in this Agreement shall survive the expiration or termination of this Agreement and the execution or recordation of the City Deed and/or each and every Certificate of Completion for any portion of the Project. 47 60139.00139\32392109. 9
Section 10.12 Authority to Extend Escrow Closing Dates. Notwithstanding anything to the contrary in this Agreement, the City Manager may, in his or her sole and absolute discretion, issue instructions to the Escrow Holder on behalf of the City and jointly with the Developer that amend this Agreement and any previous Escrow instructions to extend Due Diligence Period or Closing Date for up to an additional one hundred-eighty (180) calendar days each.
[Signatures on following pages]
48 60139.00139\32392109. 9
SIGNATURE PAGE
TO
DISPOSITION AND DEVELOPMENT AGREEMENT
(Parcel 4 Hotel)
IN WITNESS WHEREOF, the City and the Developer have executed this Disposition and Development Agreement (Parcel 4 Hotel) by and through the signatures of their duly authorized representative(s) set forth below:
CITY
CITY OF SANTEE, a California charter city
By:
ATTEST:
______________________________
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
49 60139.00139\32392109. 9
SIGNATURE PAGE
TO
DISPOSITION AND DEVELOPMENT AGREEMENT
(Parcel 4 Hotel)
DEVELOPER
EXCEL ACQUISITIONS, LLC,
a California Limited Liability Company
By:
By:
Exhibit "B"-Scope of Development
60139.00139\32392109.9
EXHIBIT "A"
TO
DISPOSITION AND DEVELOPMENT AGREEMENT
(Parcel 4 Hotel)
LEGAL DESCRIPTION
Exhibit "B"-Scope of Development
60139.00139\32392109.9
EXHIBIT "B"
TO
DISPOSITION AND DEVELOPMENT AGREEMENT
(Parcel 4 Hotel)
SCOPE OF DEVELOPMENT
The Project shall consist of the following minimum elements:
Hotel: 4-story hotel consisting of a minimum of approximately 89 rooms (plus or minus 5% depending upon site restrictions and Hilton or Marriott requirements for room type/size and amenities), a breakfast seating area, a pool with deck, and approximately 64 parking spaces.
Exhibit "C"-Schedule of Performance
60139.00139\32392109.9
EXHIBIT "C"
TO
DISPOSITION AND DEVELOPMENT AGREEMENT
(Hotel/Restaurant)
SCHEDULE OF PERFORMANCE
Action Date Action to be Completed
By
1. Effective Date See Section 2.1(v)
2. Developer to open Escrow and, concurrently,
deposit Earnest Money Deposit into Escrow
(Section 3.2(a) and 4.1)
Within 5 days following the
Effective Date
3. Due Diligence Period commences (Section 2.1(t)) The date immediately following the Escrow Opening Date
4. City to deliver Preliminary Report to Developer
(Section 3.3)
Within 5 days following City’s
receipt of the Preliminary Report
from Title Company
5. Developer to deliver Developer’s Title Notice to
Agency (Section 3.3(a))
Within 20 days following
Developer’s receipt of the
Preliminary Report
6. City to deliver City’s Title Notice Response to
Developer, if appropriate (Section 3.3(b))
Within 20 days following City’s
Receipt of Developer’s Title
Notice
7. Developer to deliver Developer’s Title Notice
Waiver, if appropriate (Section 3.3(b))
Within 10 days following
Developer’s receipt of City’s
Title Notice Response
8. Developer to deliver its Due Diligence Investigation Conclusion Notice (Section 3.4)
On or before the end of the Due
Diligence Period
9. Due Diligence Period ends (Section 2.1(t) December 1, 2022.
10. Escrow Closing Date (Section 2.1(aa)) The earlier of (1) the thirtieth (30th) business day following
the Escrow Holder’s receipt of
written confirmation from both
the City and the Developer of
the satisfaction or waiver of all
conditions precedent to the
Close of Escrow; (2) the thirtieth
(30th) business day following
Developer’s receipt of City
Council approval of entitlements
necessary for the Project; or
December 15, 2022.
Exhibit "C"-Schedule of Performance
60139.00139\32392109.9
Action Date Action to be Completed
By
11 Developer shall receive approval of plans,
construction drawing and other documents
necessary to receive a building permit.
Within 18 months of Close of
Escrow but no later than June 8,
2024 unless an extension is
granted pursuant to the terms of
the Agreement..
12 Developer shall commence construction Within 12 months of receipt of building permits from City
unless an extension is granted
pursuant to the terms of this
Agreement.
13 Developer to complete construction and installation
of the Project (issuance of certificate of occupancy
for the entire Project by the City)
No later than 24 months from
the issuance of building permit
by City but no later than June 8,
2027 unless an extension is
granted pursuant to the terms of
the Agreement.
EXHIBIT "D" – Cert. of Completion
60139.00139\32392109.9
EXHIBIT "D"
TO
DISPOSITION AND DEVELOPMENT AGREEMENT
(Parcel 4 Hotel)
FORM OF CERTIFICATE OF COMPLETION
[Attached Behind This Cover Page]
1 60139.00139\32392109.9
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
____________________________
____________________________
____________________________
(Space above for Recorder's Use Only)
CITY OF SANTEE
CERTIFICATE OF COMPLETION
(Parcel 4 Hotel)
We, , Mayor and , City Clerk of the City of Santee (the “City”) certify that:
By its Resolution No. , adopted and approved , _____, the City resolved:
Section 1. The ________________________ required to be constructed in accordance with that certain Disposition and Development Agreement (Parcel 4 Hotel) (the “Agreement”) dated ____________, by and between the City and Excel Acquisitions, LLC., a California limited liability company (the “Developer”), on that certain real property specifically described in the legal description(s) attached to this Certificate of Completion as Exhibit “A” (the “Property”), is complete in accordance with the provisions of the Agreement.
Section 2. This Certificate of Completion constitutes conclusive evidence of the City’s determination of the Developer’s satisfaction of its obligation under the Agreement to construct and install the ________________________ on the Property, including any and all buildings, parking areas, landscaping areas and related improvements necessary to support or meet any requirements applicable to the __________________________ and its use and occupancy on the Property, whether or not such improvements are located on the Property or on other property subject to the Agreement, excluding any normal and customary tenant improvements and minor building “punch-list” items. Notwithstanding any provision of this Certificate of Completion, the City may enforce any covenant surviving this Certificate of Completion in accordance with the terms and conditions of the Agreement and the Deed(s) by which the Property was conveyed to the Developer by the City under the Agreement. The Agreement is an official record of the City and a copy of the Agreement may be inspected in the office of the City Clerk located at 10601 N. Magnolia Avenue, Santee, California 92701, during the regular business hours of the City.
2 60139.00139\32392109.9
DATED AND ISSUED this day of , _____.
Mayor
____________________________________
Clerk
CERT. OF COMPLETION-EXHIBIT "A"-Property Legal Description 60139.00139\32392109.9
EXHIBIT "A"
TO
CERTIFICATE OF COMPLETION
Legal Description of Property
[To Be Inserted]
EXHIBIT "E" – Form of City Deed
60139.00139\32392109.9
EXHIBIT "E"
TO
DISPOSITION AND DEVELOPMENT AGREEMENT
(Parcel 4 Hotel)
FORM OF CITY DEED
[Attached Behind This Cover Page]
1 60139.00139\32392109.9
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
__________________________
__________________________
__________________________
Attention: ____________________
SPACE ABOVE FOR RECORDER’S USE
CITY OF SANTEE
CITY DEED
PART ONE
For valuable consideration, the receipt of which is hereby acknowledged, the City of Santee, a California charter city (the “City”), hereby remises, releases and quitclaims to Excel Acquisitions, LLC, a California limited liability company (the “Grantee”) the real property legally described in Exhibit “A” and by this reference incorporated into this City Deed (the “Property”).
PART TWO
The quitclaim of the Property by the City to the Grantee in Part One is subject to the following community redevelopment terms, conditions and covenants:
Section 1. Conveyance Subject to Terms of a Disposition and Development Agreement. The Property is conveyed subject to that certain Disposition and Development Agreement (Parcel 4 Hotel), dated as of __________ 2022, by and between the City and the Grantee (the “Agreement”). The provisions of the Agreement are incorporated into this City Deed by this reference and are deemed to be a part of this City Deed, as though fully set forth in this City Deed.
Section 2. Condition of Property. The Grantee acknowledges and agrees that, subject to the terms of the Agreement, the Property is quitclaimed by the City to the Grantee in its “AS IS,” “WHERE IS” and “SUBJECT TO ALL FAULTS CONDITION,” as of the date of recordation of this City Deed, with no warranties, expressed or implied, as to the environmental or other physical condition of the Property, the presence or absence of any patent or latent environmental or other physical condition on or in the Property, or any other matters affecting the Property.
2 60139.00139\32392109.9
Section 3. Prohibited Uses. The Grantee covenants and agrees for itself, its successors and assigns that the following uses on the Property are prohibited:
(a) Bars or businesses with “on-sale” alcoholic beverage sale licenses (other than as part of a hotel or restaurant), coin laundries or laundromats (other than as may be provided at a hotel), used clothing stores, used appliance stores, used furniture stores or rummage stores, massage parlors, or so-called adult book or adult entertainment establishments. (b) Churches or other religious institutions not approved pursuant to the City’s Zoning Code.
Section 4. No Discrimination or Segregation. The Grantee covenants by and for itself, himself or herself, its, his or her heirs, executors, administrators, and assigns, and all Persons claiming under or through it, him or her, and this City Deed is made and accepted upon and subject to the following conditions:
(a) Standards. That there shall be no discrimination against or segregation of any Person or group of Persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the Property granted by this City Deed nor shall the Grantee, itself, himself or herself, or any Person claiming under or through it, him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, subtenants, sublessees, or vendees in the Property granted by this City Deed.
(b) Interpretation. Notwithstanding Section 4(a), with respect to familial status, Section 4(a) shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in Section 4(a) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil Code and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to Section 4(a).
(c) Covenant Running With Land. The provisions of this Section 4 shall be a covenant running with the land of the Property and binding on all successive owners and users of the Property.
Section 5. Covenant to Maintain Property on Tax Rolls for 10 Years. (a) The Grantee shall assure that the entire Property remains on the County of San Diego, California, secured real property tax rolls for the ten (10) calendar years following the Project Completion Date
3 60139.00139\32392109.9
(b) For the ten (10) year period following the Project Completion Date, the Grantee for itself and its successors and assigns covenants and agrees to pay all property tax bills with respect to the Property and all improvements thereon on or before the last day for the timely payment of each property tax installment on December 10 and April 10 and to timely pay all supplemental tax bills regarding the Property issued by the County of San Diego, California. The Grantee further covenants and agrees to provide to the City, on or before July 31 of each year, commencing in the calendar year following the calendar year in which the Certificate of Completion is recorded and in each calendar year, thereafter, until the tenth (10th) anniversary of the Project Completion Date (i) a true and correct copy of all property tax assessment notices, property tax bills and property tax assessment correspondence by and between the Grantee and the County of San Diego, California, regarding the Property and all improvements thereon, with respect to the preceding fiscal year of the County of San Diego, California, and (ii) cancelled checks issued by the Grantee in payment of all property tax payments that are made to the County of San Diego, California, regarding the Property and all improvements thereon, with respect to the preceding fiscal year of the County of San Diego, California.
(c) The Grantee understands and agrees that neither the Grantee, nor its successors or assigns shall use or otherwise sell, transfer, convey, assign, lease, leaseback or hypothecate the Property or the Project or any portion thereof to any entity or person, or for any use of the Property or the Project, or any portion thereof, that is partially or wholly exempt from the payment of real property taxes or that would cause the exemption of the payment of all or any portion of real property taxes otherwise assessable regarding the Property or the Project, without the prior written consent of the City, prior to the expiration of the ten (10) year term of the covenant.
(d) The Grantee further covenants and agrees that, if the Property, or any portion of the Property, shall be conveyed, transferred or sold by the Grantee, its successors or assigns, to any entity or person, that is partially or wholly exempt from the payment of ad valorem property taxes otherwise assessable against the Property, or any portion thereof, prior to the expiration of the ten (10) year term, the Grantee, its successors or assigns shall pay to the City a fee in lieu of payment of such taxes each year in an amount determined by the City to be one percent (1.0%) of the “full cash value” of the Property, or portion thereof, as may be subject to such exemption from payment of ad valorem property taxes. The City’s determination of “full cash value” for in-lieu payment purposes under this Section 5 shall be established by the City each year, if necessary, by reference to the ad valorem property tax valuation principles and practices generally applicable to a county property tax assessor under Section 1 of Article XIIIA of the California Constitution. The City's determination of “full cash value” and that an in-lieu payment is due shall be conclusive on such matters. If the City determines that an amount is payable by the Grantee to the City as an in-lieu payment under this Section 5 in any tax year, then such amount shall be paid to the City for that tax year within forty-five (45) days following transmittal by the City to the Grantee of an invoice for payment of the in-lieu amount. (e) The covenants of this Section 5 shall run with the land of the Property. 4 60139.00139\32392109.9
Section 6. Maintenance Condition of the Property. The Grantee for itself, its successors and assigns covenants and agrees that:
(a) The areas of the Property that are subject to public view (including all existing and future improvements, paving, walkways, landscaping, exterior signage and ornamentation) shall be maintained in good repair and a neat, clean and orderly condition, ordinary wear and tear excepted. If, at any time within twenty (20) years following the date of recordation of this City Deed, there is an occurrence of an adverse condition on any area of the Property that is subject to public view in contravention of the general maintenance standard described above (a “Maintenance Deficiency”), then the City shall notify the Grantee in writing of the Maintenance Deficiency. If the Grantee fails to cure or commence and diligently pursue to cure the Maintenance Deficiency within thirty (30) days of its receipt of notice of the Maintenance Deficiency, the City may conduct a public hearing, following transmittal of written notice of the hearing to the Grantee, at least ten (10) days prior to the scheduled date of such public hearing, to verify whether a Maintenance Deficiency exists and whether the Grantee has failed to comply with the provisions of this Section 6. If, upon the conclusion of the public hearing, the City finds that a Maintenance Deficiency exists and that there appears to be noncompliance with the general maintenance standard, described above, the City shall have the right to enter the Property and perform all acts necessary to cure the Maintenance Deficiency, or to take any other action at law or in equity that the City may then be available to the City to accomplish the abatement of the Maintenance Deficiency. Any sum expended by the City for the abatement of a Maintenance Deficiency on the Property, as authorized by this Section 6 shall become a lien on the Property. If the amount of the lien is not paid within thirty (30) days after written demand for payment from the City to the Grantee, the City shall have the right to enforce the lien in the manner as provided in sub-section (c).
(b) Graffiti, as this term is defined in Government Code Section 38772, that has been applied to any exterior surface of a structure or improvement on the Property that is visible from any public right-of-way adjacent or contiguous to the Property at any time within ten (10) years following the Close of Escrow, shall be removed by the Grantee by either painting over the evidence of such vandalism with a paint that has been color-matched to the surface on which the paint is applied, or graffiti may be removed with solvents, detergents or water, as appropriate. If any such graffiti is not removed within seventy two (72) hours following the time of the discovery of the graffiti, the City shall have the right to enter the Property and remove the graffiti, without notice to the Grantee. Any sum expended by the City for the removal of graffiti from the Property, as authorized by this Section 6, in an amount not to exceed Two Hundred Fifty Dollars ($250.00) per entry by the City, shall become a lien on the Property. If the amount of the lien is not paid within thirty (30) days after written demand to the Grantee from the City, the City shall have the right to enforce its lien in the manner provided in subsection (c). (c) The Grantee understands and agrees that the rights conferred upon the City under this Section 6 expressly include the power to establish and enforce a lien or other encumbrance against the Property, or any portion thereof, in the manner provided under Civil Code Sections 2924, 2924b and 2924c in an amount reasonably necessary to restore the Property to the maintenance standard required under subsection (a) or subsection (b), including the 5 60139.00139\32392109.9
reasonable attorneys’ fees and costs of the City associated with the abatement of the Maintenance Deficiency or removal of graffiti. For the purposes of the preceding sentence the words “reasonable attorneys’ fees and costs of the City” mean and include the salaries, benefits and costs of the City Attorney and the lawyers employed in the Office of the City Attorney.
Nothing in the foregoing provisions of this Section 6 shall be deemed to preclude the Grantee from making any alteration, addition, or other change to any structure or improvement or landscaping on the Property, provided that any such changes comply with applicable zoning and building regulations of the City of Santee.
PART THREE
Section 1. Duration of Covenants. The covenants, terms and conditions of PART TWO of this City Deed shall have the duration as set forth below in association with the PART TWO sections:
Section 1: until the Project Completion Date or twenty one (21) years from the date of recordation of this City Deed, whichever date is earlier; Section 2: in perpetuity;
Section 3: for ten (10) years following the Project Completion Date; Section 4: in perpetuity;
Section 5: for ten (10) years following the Project Completion Date; Section 6: for twenty (20) years following the date of recordation of this City Deed;
Section 2. Covenants Run with the Land of the Property. Each of the covenants and agreements contained in this City Deed touch and concern the Property and each of them is expressly declared to be a community redevelopment covenant that runs with the land for the benefit of the City and such covenants run with the land in favor of the City for the entire period that such covenants are in full force and effect, regardless of whether the City is or remains an owner of any land or interest in land to which such covenants relate. The City, in the event of any breach of any such covenants, has the right to exercise all of the rights and remedies, and to maintain any actions at law or suits in equity or other proper proceedings, to enforce the curing of such breach, as provided in the Agreement or by law. The covenants contained in this City Deed are for the benefit of and are enforceable only by the City and shall survive the Close of Escrow, execution and recordation of this City Deed and the issuance and recordation of each and every Certificate of Completion, for the time period set forth for each covenant in Section 1 above.
6 60139.00139\32392109.9
Section 3. Costs and Attorneys’ Fees for Enforcement Proceeding. If legal proceedings are initiated to enforce the rights, duties or obligations of any of the covenants set forth in this City Deed, then the prevailing party in such proceeding shall be entitled to collect its reasonable attorneys’ fees and costs from the other party in addition to any other damages or relief obtained in such proceedings.
Section 4. Effect of Unlawful Provision; Severability. In the event that any provision of this City Deed is held to be invalid or unlawful by a final judgment of a court of competent jurisdiction, such invalidity shall not affect the validity of any other provision of this City Deed.
IN WITNESS WHEREOF, the City has caused this City Deed to be executed by its authorized representative(s) on this ____ day of _____________, 20____.
CITY
By ___________________________
[ALL SIGNATURES MUST BE NOTARY ACKNOWLEDGED]
CITY DEED-EXHIBIT "A"-Property Legal Description
60139.00139\32392109.9
EXHIBIT "A"
TO
CITY DEED
Property Legal Description
CERTIFICATE OF ACCEPTANCE OF CITY DEED
60139.00139\32392109.9
CERTIFICATE OF ACCEPTANCE OF
CITY DEED
AND
COVENANTS
The undersigned hereby acknowledges acceptance by EXCEL ACQUISITIONS, LLC, a California limited liability company, the Grantee in the within City Deed, of the delivery of the subject Property described in the within City Deed from the City of Santee, subject to all of the covenants expressly set forth or incorporated within the City Deed.
GRANTEE
Excel Acquisitions, LLC
a California limited liability company
By ___________________________
By ___________________________
[ALL SIGNATURES MUST BE NOTARY ACKNOWLEDGED]
EXHIBIT "F" – Form of Notice of Agreement
60139.00139\32392109.9
EXHIBIT "F"
TO
DISPOSITION AND DEVELOPMENT AGREEMENT
(Parcel 4 Hotel)
FORM OF NOTICE OF AGREEMENT
[Attached behind this page]
1 60139.00139\32392109.9
RECORDING REQUESTED BY )
AND WHEN RECORDED MAIL TO: )
)
)
)
)
)
)
)
______________________________________________________________________________ (Space Above Line For Use By Recorder)
[Recordation of this Document Is
Exempt From Fees Payable to the
Recorder Under Government
Code Section 27383]
CITY OF SANTEE
Notice of Agreement
Disposition and Development Agreement
(Parcel 4 Hotel)
TO ALL INTERESTED PERSONS PLEASE TAKE NOTICE that as of __________, 2022, Excel Acquisitions, a California limited liability company (the “Developer”) and the City of Santee, a California charter city (the “City”), entered into an agreement entitled “Disposition and Development Agreement (Parcel 4 Hotel)” (the “Agreement”). A copy of the Agreement is on file with the City Clerk of the City and is available for inspection and copying by interested persons as a public record of the City during the regular business hours of the City.
The Agreement affects the real property (the “Property”) described in Exhibit “A” attached to this Notice of Agreement. The meaning of defined terms used in this Notice of Agreement shall be the same as set forth in the Agreement. 2 60139.00139\32392109.9
PLEASE TAKE FURTHER NOTICE that the Agreement contains certain community redevelopment covenants running with the land and other agreements between the Developer and the City affecting the Property, as set forth below (all section references are to the Agreement):
Section 1.3 of the Agreement provides:
(a) Restrictions on Change in Management or Control of the Developer and Assignment or Transfer. (a) The Developer acknowledges that the qualifications and identity of the Developer are of particular importance to the City. The Developer further recognizes and acknowledges that the City has relied and is relying on the specific qualifications and identity of the Developer in entering into this Agreement with the Developer and, as a consequence, Transfers are permitted only as expressly provided in this Agreement.
Except as set forth in this Section 1.3 or other provisions of this Agreement, prior to the Project Completion Date, the Developer shall not sell, assign, convey, create any trust estate with respect to or otherwise Transfer any of its interests in this Agreement, the Parcel, and/or the Project, without the prior written approval of the City Manager. (b) At least 30 days prior to any such change, the Developer shall notify the City in writing of any and all changes whatsoever in the identity of the business entities or individuals either comprising or in control of the Developer, as well as any and all changes in the interest or the degree of control of the Developer by any such person, of which information the Developer or any of its partners, members or officers are notified or may otherwise have knowledge or information. . The City shall either approve or disapprove of such change within 30 days of receipt of such written notice. This Agreement may be terminated by the City or the City may exercise any other remedy available to the City under the terms of this Agreement, prior to the Project Completion Date, if there is any Transfer, whether voluntary or involuntary, in membership, ownership, management or control of the Developer (other than such changes occasioned by the death or incapacity of any individual) that has not been approved in writing by the City, prior to the time of such Transfer provided, however, that (i) the City shall first notify the Developer in writing of its intention to terminate this Agreement or to exercise any other remedy, and (ii) the Developer shall have twenty (20) calendar days following its receipt of such written notice to commence and, thereafter, diligently and continuously proceed to cure the default of the Developer and submit evidence of the initiation and satisfactory completion of such cure to the City, in a form and substance reasonably satisfactory to the City. (c) Except as expressly permitted in this Agreement, the Developer represents and agrees that it has not made and will not create or suffer to be made or created, any Transfer, either voluntarily, involuntarily or by operation of law, without the prior written approval of the City, until after the Project Completion Date. Any Transfer made in contravention of this Section 1.3 shall be voidable at the election of the City and, if voided, shall be deemed to be an Event of Default by the Developer, whether or not the Developer knew of or participated in such Transfer.
Section 5.1 of the Agreement provides:
3 60139.00139\32392109.9
Developer Covenant to Undertake Each Phase of Project. The Developer covenants to and for the exclusive benefit of the City that the Developer shall commence and complete the development of the Project on the Property, within the time period for such action set forth in the Schedule of Performance. The Developer covenants and agrees for itself, its successors and assigns that the Property shall be improved and developed with the Project, in conformity with the terms and conditions of this Agreement, the Scope of Development, the Schedule of Performance, any and all plans, specifications and similar development documents required by this Agreement, except for such changes as may be mutually agreed upon in writing by and between the Developer and the City, and in conformity with all applicable laws, regulations, orders and conditions of each Governmental Agency. The covenants of this Section
5.1 shall run with the land of the Property, until the earlier of the Occupancy Date or the twentieth (20th) anniversary of the date of the Close of Escrow. Conversely, City shall expeditiously review and process all plans, specifications, development documents, and applications submitted by Developer pursuant to this section. In the event that the project processing is delayed due to action or inaction by the City or an Unavoidable Delay, the City Manager shall administratively approve an extension proportional in time to the City caused delay reasonably requested by Developer to the Schedule of Performance. In the event a delay occurs that is not the result of City action or inaction, the City Manager may consider, but is not obligated to grant, an extension proportional in time to the delay causing event. Notwithstanding the foregoing, extensions granted pursuant to this Section by the City Manager shall not exceed one hundred eighty (180) days in total without City Council approval.
Section 6.1 of the Agreement provides:
Covenant to Maintain Property on Tax Rolls for 10 Years. (a) The Developer shall assure that the entire Property remains on the County of San Diego, California, secured real property tax rolls for the ten (10) calendar years following the Project Completion Date
(b) For the ten (10) year period following the Project Completion Date, the Developer for itself and its successors and assigns covenants and agrees to pay all property tax bills with respect to the Property and all improvements thereon on or before the last day for the timely payment of each property tax installment on December 10 and April 10 and to timely pay all supplemental tax bills regarding the Property issued by the County of San Diego, California. The Developer further covenants and agrees to provide to the City, on or before July 31 of each year, commencing in the calendar year following the calendar year in which the Certificate of Completion for the Hotel is recorded and in each calendar year, thereafter, until the tenth (10th) anniversary of the Project Completion Date (i) a true and correct copy of all property tax assessment notices, property tax bills and property tax assessment correspondence by and between the Developer and the County of San Diego, California, regarding the Property and all improvements thereon, with respect to the preceding fiscal year of the County of San Diego, California, and (ii) cancelled checks issued by the Developer in payment of all property tax payments that are made to the County of San Diego, California, regarding the Property and all improvements thereon, with respect to the preceding fiscal year of the County of San Diego, California.
4 60139.00139\32392109.9
(c) The Developer understands and agrees that neither the Developer, nor its successors or assigns shall use or otherwise sell, transfer, convey, assign, lease, leaseback or hypothecate the Property or the Project or any portion thereof to any entity or person, or for any use of the Property or the Project, or any portion thereof, that is partially or wholly exempt from the payment of real property taxes or that would cause the exemption of the payment of all or any portion of real property taxes otherwise assessable regarding the Property or the Project, without the prior written consent of the City, prior to the expiration of the ten (10) year covenant term.
(d) The Developer further covenants and agrees that, if the Property, or any portion of the Property, shall be conveyed, transferred or sold by the Developer, its successors or assigns, to any entity or person, that is partially or wholly exempt from the payment of ad valorem property taxes otherwise assessable against the Property, or any portion thereof, prior to the expiration of the Covenant in this Section 6.1, the Developer, its successors or assigns shall pay to the City a fee in lieu of payment of such taxes each year in an amount determined by the City to be one percent (1.0%) of the “full cash value” of the Property, or portion thereof, as may be subject to such exemption from payment of ad valorem property taxes. The City’s determination of “full cash value” for in-lieu payment purposes under this Section 6.1(d) shall be established by the City each year, if necessary, by reference to the ad valorem property tax valuation principles and practices generally applicable to a county property tax assessor under Section 1 of Article XIIIA of the California Constitution. The City’s determination of “full cash value” and that an in-lieu payment is due shall be conclusive on such matters. If the City determines that an amount is payable by the Developer to the City as an in-lieu payment under this Section 6.1(d) in any tax year, then such amount shall be paid to the City for that tax year within forty-five (45) days following transmittal by the City to the Developer of an invoice for payment of the in-lieu amount.
Section 6.2 of the Agreement provides:
Maintenance Condition of the Property. The Developer for itself, its successors and assigns, covenants and agrees that:
(a) The areas of the Property that are subject to public view (including all existing and future improvements, paving, walkways, landscaping, exterior signage and ornamentation) shall be maintained in good repair and a neat, clean and orderly condition, ordinary wear and tear excepted. If, at any time within ten (10) years following the Close of Escrow, there is an occurrence of an adverse condition on any area of the Property that is subject to public view in contravention of the general maintenance standard described above (a “Maintenance Deficiency”), then the City shall notify the Developer in writing of the Maintenance Deficiency. If the Developer fails to cure or commence and diligently pursue to cure the Maintenance Deficiency within thirty (30) days of its receipt of notice of the Maintenance Deficiency, the City may conduct a public hearing, following transmittal of written notice of the hearing to the Developer, at least, ten (10) days prior to the scheduled date of such public hearing, to verify whether a Maintenance Deficiency exists and whether the Developer has failed to comply with the provisions of this Section 6.2. If, upon the conclusion of the public hearing, the City finds that a Maintenance Deficiency exists and that there appears 5 60139.00139\32392109.9
to be non-compliance with the general maintenance standard, described above, the City shall have the right to enter the Property and perform all acts necessary to cure the Maintenance Deficiency, or to take any other action at law or in equity that may then be available to the City to accomplish the abatement of the Maintenance Deficiency. Any sum expended by the City for the abatement of a Maintenance Deficiency on Property as authorized by this Section 6.2 shall become a lien on the Property. If the amount of the lien is not paid within thirty (30) days after written demand for payment from the City to the Developer, the City shall have the right to enforce the lien in the manner as provided in Section 6.2(c). (b) Graffiti, as this term is defined in Government Code Section 38772, that has been applied at any time within 10 years following the issuance of the Certificate of Occupancy to any exterior surface of a structure or improvement on the Property that is visible from any public right-of-way adjacent or contiguous to the Property, shall be removed by the Developer by either painting over the evidence of such vandalism with a paint that has been color-matched to the surface on which the paint is applied, or graffiti may be removed with solvents, detergents or water, as appropriate. If any such graffiti and is not removed within 72 hours following the time of the discovery of the graffiti, the City shall have the right to enter the Property and remove the graffiti, without notice to the Developer. Any sum expended by the City for the removal of graffiti from the Hotel, as applicable, as authorized by this Section
6.2(b), in an amount not to exceed $250.00 per entry by the City, shall become a lien on the Hotel Parcel or the Restaurant Parcel, as applicable. If the amount of the lien is not paid within thirty (30) days after written demand to the Developer from the City, the City shall have the right to enforce its lien in the manner provided in Section 6.2(c). (c) The Parties further mutually understand and agree that the rights conferred upon the City under this Section 6.2 expressly include the power to establish and enforce a lien or other encumbrance against the Property in the manner provided under Civil Code Sections 2924, 2924b and 2924c in an amount reasonably necessary to restore the Property to the maintenance standard required under Section 6.2(a) or Section 6.2(b), including the reasonable attorneys’ fees and costs of the City associated with the abatement of the Maintenance Deficiency or removal of graffiti. For the purposes of the preceding sentence the words “reasonable attorneys’ fees and costs of the City” mean and include the salaries, benefits and costs of the City Attorney and the lawyers employed in the Office of the City Attorney. (d) The provisions of this Section 6.2, shall be a covenant running with the land of the Property for a term of twenty (20) years following the date of the Close of Escrow and shall be set forth in the City Deed, and shall be enforceable by the City. Nothing in the foregoing provisions of this Section 6.2 shall be deemed to preclude the Developer from making any alteration, addition, or other change to any structure or improvement or landscaping on the Property, provided that any such changes comply with applicable zoning and building regulations of the City.
Section 6.3 of the Agreement provides:
No Discrimination or Segregation. The Developer covenants by and for itself, himself or herself, its, his or her heirs, executors, administrators, and assigns, and all Persons claiming 6 60139.00139\32392109.9
under or through it, him or her, and this Agreement is made and accepted upon and subject to the following conditions:
(a) Standards. That there shall be no discrimination against or segregation of any Person or group of Persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the Property nor shall the Developer, itself, himself or herself, or any Person claiming under or through it, him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, subtenants, sublessees, or vendees in the Property. (b) Interpretation. Notwithstanding Section 6.3(a), with respect to familial status, Section 6.3(a) shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in Section
6.3(a) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil Code and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to Section 6.3(a).
Section 9.7 of the Agreement provides:
City Power of Termination Regarding Parcels. Subject to section 10.5, the City hereby reserves a power of termination pursuant to Civil Code Sections 885.010, et seq., exercisable by the City, in its reasonable discretion, upon thirty (30) calendar days written notice to the Developer referencing this Section 9.7, and also upon reimbursing the Developer’s purchase price, to terminate the fee simple estate of the Developer in the Property and/or any improvements to such property and revest such fee title in the City and take possession of all or any portion of such real property and improvements, if, after conveyance of title to the Property and prior to the start of construction, the developer abandons or suspends construction for 6 months.
CITY’S INITIALS: _____ DEVELOPER’S INITIALS: _____
(a) Upon the City’s exercise of its power of termination pursuant to this Section 9.7, the Developer or its successors or assigns shall convey by grant deed to the City title to the entirety of the Property, as specified in the City’s notice pursuant to Section 9.7(a), and all improvements thereon in accordance with Civil Code Section 1109, as such code section may hereafter be amended, renumbered, replaced or substituted. Such conveyance shall be duly acknowledged by the Developer and a notary in a manner suitable for recordation. The City may enforce its rights pursuant to this Section 9.7 by means of an injunctive relief or forfeiture of title action filed in any court of competent jurisdiction. 7 60139.00139\32392109.9
THE DEVELOPER ACKNOWLEDGES AND AGREES THAT THE
CITY’S EXERCISE OF ITS POWER OF TERMINATION PURSUANT
TO THIS SECTION 9.7 SHALL WORK A FORFEITURE OF THE
ESTATE IN THE PROPERTY CONVEYED TO THE DEVELOPER
THROUGH THE CITY DEED. THE DEVELOPER HEREBY
EXPRESSLY WAIVES, TO THE MAXIMUM EXTENT ALLOWED
BY LAW, ANY AND ALL EQUITABLE AND LEGAL DEFENSES
THAT THE DEVELOPER MAY HAVE TO SUCH FORFEITURE,
INCLUDING, BUT NOT LIMITED TO, THE DEFENSES OF LACHES,
WAIVER, ESTOPPEL, SUBSTANTIAL PERFORMANCE OR
COMPENSABLE DAMAGES. THE DEVELOPER FURTHER
EXPRESSLY WAIVES, TO THE MAXIMUM EXTENT ALLOWED
BY LAW, ANY AND ALL RIGHTS AND DEFENSES THAT THE
DEVELOPER MAY HAVE UNDER CALIFORNIA CIVIL CODE
SECTION 3275 OR ANY OTHER STATUTE OR COMMON LAW
PRINCIPLE OF SIMILAR EFFECT. THE DEVELOPER
ACKNOWLEDGES THAT THE TERMS AND CONDITIONS OF THIS
AGREEMENT REFLECT THE POSSIBILITY OF FORFEITURE BY
VIRTUE OF THE EXERCISE OF THE CITY’S POWER OF
TERMINATION PROVIDED IN THIS SECTION 9.7 AND FURTHER
ACKNOWLEDGES THAT IT HAS RECEIVED INDEPENDENT AND
ADEQUATE CONSIDERATION FOR ITS WAIVER AND
RELINQUISHMENT OF RIGHTS AND REMEDIES PURSUANT TO
THIS SECTION 9.7.
8 60139.00139\32392109.9
THIS NOTICE OF AGREEMENT is dated as of ______________________, 2022, and has been executed on behalf of the Developer and the City by and through the signatures of their authorized representative(s) set forth below. This Notice of Agreement may be executed in counterparts and when fully executed each counterpart shall be deemed to be one original instrument.
CITY OF SANTEE
By:
ATTEST:
______________________________
City Clerk
APPROVED AS TO FORM:
City Attorney
DEVELOPER
EXCEL ACQUISITIONS,
a California limited liability company
By:
By:
[ALL SIGNATURES MUST BE NOTARY ACKNOWLEDGED]
EXHIBIT A to Notice of Agmt. – Property Legal Description 60139.00139\32392109.9
EXHIBIT "A"
TO
NOTICE OF AGREEMENT
Property Legal Description
[To be inserted]
EXHIBIT "G" – Form of Official Action of Developer
60139.00139\32392109.9
EXHIBIT "G"
TO
DISPOSITION AND DEVELOPMENT AGREEMENT
(Parcel 4 Hotel)
FORM OF OFFICIAL ACTION OF DEVELOPER
[Attached behind this cover page]
EXHIBIT "G" – Form of Official Action of Developer
60139.00139\32392109.9
CERTIFICATION OF LLC AUTHORITY
The undersigned members of EXCEL ACQUISITIONS, LLC (the “Company”), do certify that we are all of the members of the Company and that there are no other members.
We further certify that all of the following named persons, together:
be, and they are, authorized and empowered for and on behalf of and in the name of the Company to execute and deliver that certain Disposition and Development Agreement (Parcel 4 Hotel), dated as of _______, by and between the City of Santee and the Company (the “Agreement”), to purchase certain property, generally, known as Parcel 4 of Parcel Map 18857 in the City of Santee, California, as specifically described in the Agreement, and all other documents to be executed by the Company in connection with the transactions contemplated in the Agreement, and to take all actions that may be considered necessary to conclude the transactions contemplated in the Agreement and perform the other obligations of the Company pursuant to the Agreement.
The authority conferred shall be considered retroactive, and any and all acts authorized in this document that were performed before the execution of this certificate are approved and ratified. The authority conferred shall continue in full force and effect until the City of Santee, a public body, corporate and politic, shall have received notice in writing from the Company of the revocation of this certificate.
We further certify that the activities covered by the foregoing certifications constitute duly authorized activities of the Company; that these certifications are now in full force and effect; and that there is no provision in any document under which the Company is organized and/or that governs the Company’s continued existence limiting the power of the undersigned to make the certifications set forth in this certificate, and that the same are in conformity with the provisions of all such documents.
Members:
______________________________
______________________________
60139.00122\34796981.2
1 STAFF REPORT
SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTEE, CALIFORNIA, AMENDING TITLE 13 OF THE SANTEE MUNICIPAL CODE (“SMC”), “ZONING” (CASE FILE: ZA2022-1) AND SECOND READING AND ADOPTION OF AN
ORDINANCE AMENDING TITLE 2 OF THE SMC, “ADMINISTRATION
AND PERSONNEL,” TITLE 9 OF THE SMC, “PUBLIC SERVICES” AND TITLE 10 OF THE SMC, “VEHICLES AND TRAFFIC”
CITY COUNCIL MEETING
February 9, 2022
INTRODUCTION
On January 26, 2022, the Introduction and First Reading of the above-entitled Ordinances were approved. During the First Reading, City Council requested that the Sheriff’s Department review the proposed changes to the Santee Municipal Code (“SMC”) and requested additional information from staff regarding electric vehicle (“EV”) charging parking spaces.
The Sheriff’s Department has reviewed the proposed changes and has no revisions to the proposed changes.
Below are staff’s responses to the questions posed by the Council.
TITLE 13 ZONING
Electric Vehicle Charging Parking Spaces
One of the changes proposed by the Ordinance amending Title 13 is to revise Section
13.24.040(E) to add language providing that if EV charging stations and associated equipment interfere with or impact the required parking spaces for existing uses, the number of required parking spaces for the existing uses shall be reduced by the amount necessary to accommodate electric vehicle charging stations and associated equipment.
Recently-adopted bill AB 970 requires the City to accommodate EV charging stations in this manner beginning no later than January 1, 2023.
Council asked the following questions related to EV charging parking spaces:
1. Is it unlawful for a non-electric vehicle to park in a designated EV charging parking space?
2. Who is responsible for enforcement, and what is the penalty? 60139.00122\34796981.2
2 Below are staff’s responses:
1. Yes, it is illegal for a person to “park or leaving standing” any vehicle in an EV charging parking space unless the vehicle is “connected for electric charging purposes.” (Veh. Code. § 22511.1(a).)
This means that a combustible engine vehicle parked in an EV charging space, or an EV that is parked in a charging space but not connected for charging purposes, would be in violation of Vehicle Code section 22511.1(a).
2. A vehicle parked in an EV charging parking space that is not connected for electric charging purposes may be towed by the owner or operator of the parking facility, and the driver may be ticketed by the Sheriff’s Department.
Vehicle Code section 22511 authorizes the City (for City parking facilities and public streets) and the owner or operator of an off-street parking facility (for private parking facilities) to designate EV charging spaces within the parking facility.
1 If the parking facility is posted with signs in compliance with the requirements set forth in Section 22511, then the City (if it is a City parking facility or a public street) or the owner or operator (if it is a private parking facility), after notifying the Sheriff’s Department, may arrange to have a vehicle towed from a EV charging space in the facility if the vehicle is not connected for electric charging purposes. The signs that would be required to be posted include this language: “Unauthorized vehicles not connected for electric charging purposes will be towed away at owner’s expense.”
Other Clerical Revisions
During the First Reading, staff noted that the Visibility Area Diagram shown in Section
13.10.050(E)(3) had been updated to reduce the required distances for the Visibility Area, in accordance with recommendations from the Traffic Division. The updated Diagram was presented during staff’s presentation, but had not yet been included in the text of the Ordinance. The Ordinance has now been revised to include the updated Diagram. The Sheriff’s Department has also approved the Diagram.
Staff also made minor clerical corrections to the Ordinance to ensure that all changes approved under the City’s previously-adopted ordinance implementing SB 9 (which also made changes to Title 13) were included in as existing Code language, where relevant.
A clean version of the updated language is included in the Ordinance amending Title 13.
1 Any City-designated EV charging parking spaces must be designated by City ordinance or resolution. (Veh. Code § 22511(a).)
60139.00122\34796981.2
3 TITLES 2, 9, AND 10
Council did not request any additional information from staff regarding the revisions to Titles 2, 9, and 10, and the Ordinance amending these titles is presented for adoption without any revisions from the First Reading.
RECOMMENDATION
Staff requests that the City Council:
1. Adopt the Ordinance amending Titles 2, 9, and 10.
2. Adopt the Ordinance amending Title 13.
60139.00122\34745806.1
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTEE AMENDING TITLE 13 OF THE SANTEE MUNICIPAL CODE, “ZONING” (CASE FILE: ZA2022-1) WHEREAS, pursuant to article XI, section 5 of the California Constitution and Government Code section 37100, the legislative body of a city may pass ordinances not in conflict with the Constitution and laws of the State or the United States; WHEREAS, in 2019, the City completed a comprehensive update to the Santee Municipal Code (“Code”); and
WHEREAS, the City desires to conduct annual updates to ensure the Code remains consistent with current law and City practice; and WHEREAS, City staff and the City Attorney have reviewed the Code and have determined that certain updates to the Code are required; and WHEREAS, the proposed revisions are detailed in the Staff Report and indicated in the redline document provided to the City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTEE, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Recitals Incorporated. The Recitals set forth above are true and correct and are incorporated into this Ordinance.
SECTION 2. Amendments. Section 13.04.110(D), Section 13.04.140(B), Section 13.08.020(A), Section13.08.020(D), Table 13.10.030A, Table 13.10.040E, Section 13.10.050(E), Table 13.12.040A, Table 13.12.040B, Table 13.14.030A, Section
13.14.030(L), Table 13.14.040A, Table 13.14.040B, Table 13.16.020A, Table
13.19.030A, Table 13.21.030A, Section 13.24.030(C), Section 13.24.040(E), Section
13.30.020(D), Section 13.30.020(H), and Section 13.32.040(B) are revised or added as set forth in Exhibit A, attached to this Ordinance and incorporated herein.
SECTION 3. CEQA. Based upon the whole of the administrative record before it, the City Council hereby finds that the amendments to the Code as set forth in this Ordinance are exempt from environmental review under the California Environmental Quality Act (“CEQA”) (Pub. Res. Code, § 21000 et seq.) pursuant to State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) sections 15061(b)(3) and 15378(b)(5). An activity is subject to CEQA only if that activity has “the potential for causing a significant effect on the environment.” (State CEQA Guidelines, § 15061(b)(3).) An activity is thus exempt from CEQA “[w]here it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” (Ibid.) Here, the amendments of the Code as set forth in this Ordinance do not have the potential to result in either a direct or reasonably foreseeable indirect physical change in the environment. (State CEQA Guidelines, § 15061(b)(3).) Moreover, approval of the Ordinance constitutes an administrative activity of the City and is additionally exempt from CEQA on that basis. (State CEQA Guidelines, § 15378(b)(5).) Staff is hereby directed to 60139.00122\34745806.1
ORDINANCE NO. ____
prepare, execute and file with the San Diego County Clerk a CEQA Notice of Exemption within five (5) working days after the adoption of this Ordinance.
SECTION 4. Codification. The City has adopted the “City of Santee Municipal Code Editorial Guidelines,” and, except as otherwise provided herein, authorizes Quality Code Publishing to make technical, non-substantive changes to conform the codified Ordinance to the guidelines. In the event a substantive conflict arises on the basis of the changes authorized by this Section, the language adopted by this Ordinance prevails.
The City Clerk is authorized to provide certified copies and notice of this Ordinance or any part of this Ordinance required or advised by the law or any regulation.
SECTION 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council of the City of Santee hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrases be declared unconstitutional.
SECTION 6. Effective Date. This Ordinance shall become effective thirty (30) days after its adoption.
SECTION 7. Publication. The City Clerk is hereby directed to certify the adoption of this Ordinance and cause a summary or 1/4 page advertisement of the same to be published as required by law.
INTRODUCED AND FIRST READ at a Public Hearing held at a Regular Meeting of the City Council of the City of Santee, California, on the 26th day of January 2022, and thereafter ADOPTED at a Regular Meeting of the City Council held on this 9th day of February 2022, by the following vote to wit:
AYES:
NOES:
ABSENT:
APPROVED:
________________________________
JOHN MINTO, MAYOR
ATTEST:
__________________________________
ANNETTE ORTIZ, CMC, CITY CLERK
Exhibit A – Revisions to Title 13 of the Santee Municipal Code 60139.00122\34745806.1
ORDINANCE NO. ____
Exhibit A
Revisions to Title 13 of the Santee Municipal Code
[attached behind this cover page]
60139.00122\34746987.3
1 EXHIBIT A
REVISIONS TO TITLE 13 OF THE SANTEE MUNICIPAL CODE
Section 13.04.110 is revised to read as follows:
13.04.110 Nonconforming uses and structures.
A. Purpose. This section is intended to limit the number and extent on nonconforming uses by regulating their enlargement, their reestablishment after abandonment, and the alteration or restoration after destruction of the structures they occupy. In addition, this section is intended to limit the number and extent of nonconforming structures by prohibiting their being moved, altered, or enlarged in a manner that would increase the discrepancy between existing conditions and the standards prescribed in this code.
B. Determination. The Director is authorized to determine, based on evidence the Director deems sufficient, whether any use is nonconforming within the requirements of this section. Any person affected by a decision of the Director may request a public hearing on the determination in accordance with Section 13.04.100.
C. Continuation and Maintenance.
1. A use lawfully occupying a structure or a site, that does not conform with the use regulations or the site area regulations for the district in which the use is located shall be deemed to be a nonconforming use and may be continued, except as otherwise limited in this section.
2. A structure, lawfully occupying a site, that does not conform with the standards for front, side or rear yard setbacks, height of structures, lot coverage, distances between structures, and parking facilities for the district in which the structure is located, shall be deemed to be a nonconforming structure and may be used and maintained, except as otherwise limited in this section.
3. Maintenance and repairs may be performed on a nonconforming use or structure.
D. Alterations and Additions to Nonconforming Uses and Structures.
1. No nonconforming use shall be enlarged or extended in such a way as to occupy any part of the structure or site or any other structure or site which it did not occupy at the time it became a nonconforming use occupying a structure or site, except as permitted in subsection G of this section.
2. No nonconforming structure shall be altered or reconstructed so as to increase the discrepancy between existing conditions and the standards for front, side, or rear setbacks, height of structures, lot coverage, distances between structures and parking facilities as prescribed in the regulations for the district in which the structure is located, except as permitted in subsection G of this section.
E. Discontinuation of Nonconforming Use. Whenever a nonconforming use has been changed to a conforming use or has been discontinued for a continuous period of 180 days or more, the nonconforming use shall not be reestablished, and the use of the structure or site thereafter shall be 60139.00122\34746987.3
2 in conformity with the regulations for the district in which it is located. Discontinuation shall include termination of a use regardless of intent to resume the use.
F. Restoration of a Damaged Structure.
1. Whenever a structure which does not comply with the standards for front, side, or rear setbacks, height of structures, lot coverage, distances between structures and parking facilities as prescribed in the regulations for the district in which the structure is located, or the use of which does not conform with the regulations for the district in which it is located, is destroyed by fire or other calamity, to the extent of 50% or less, the structure may be restored and the nonconforming use may be resumed, provided that restoration is started within one year and diligently pursued to completion. When the destruction exceeds 50% or the structure is voluntarily razed or is required by law to be razed, the structure shall not be restored except in full conformity with the regulations for the district in which it is located and the nonconforming use shall not be resumed, except as permitted in this section.
2. The extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction to the estimated cost of duplicating the entire structure as it existed prior thereto. Estimates for this purpose shall be made by or shall be reviewed and approved by the building official and shall be based on the minimum cost of construction in compliance with the building code.
G. Expansion or Restoration of Nonconforming Uses and Structures. Minor building additions to a nonconforming single-family residence that cumulatively do not exceed 50% of the square footage of the existing residence, and do not exceed the maximum permitted lot coverage of 40%, are allowed by right. A request for expansion or restoration of a nonconforming use or structure other than a single-family residence may be granted subject to the approval of a minor conditional use permit by the Director. The approval authority may grant the request, grant the request with modification, or deny the request. The approval authority may require as a condition of a use permit that a specific termination date be set for the use and/or structure which is being expanded or restored. Before granting a conditional use permit for the expansion or restoration of a nonconforming use or structure, the approval authority shall make the following findings:
1. That strict or literal interpretation and enforcement of the specified regulations within this section would result in practical difficulty or unnecessary hardship.
2. That the granting of the conditional use permit or minor conditional use permit will not significantly extend the expected life of the use or structure.
3. That the granting of the conditional use permit or minor conditional use permit will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. (Ord. 591 § 2, 2021; Ord. 566 § 3, 2019) Section 13.04.140 is revised to read as follows:
13.04.140 Definitions.
A. Purposes. The purpose of this section is to promote consistency and precision in application and interpretation of the development regulations of this title. The meaning and construction of words and phrases defined in this section shall apply throughout this title, except where the context and usage of 60139.00122\34746987.3
3 such words or phrases clearly indicates a different meaning or construction intended in that particular case.
B. Definitions.
“Abutting” means having lot lines or zone boundaries in common. “Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
1. An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and
2. A manufactured home, as defined by Section 18007 of the California Health and Safety Code. “Acreage, gross” means total land area of a parcel, or parcels, at time of applications for development. “Acreage, net” means total land area of parcel or parcels minus land area which will be required for public dedication at time of application for development. “Addition” means any construction, which increases the size of a building or facility in terms of site coverage, height, length, width, or gross floor area.
“Agent” means any person showing written verification that he or she is acting for, and with the knowledge and consent of, a property owner.
“Agricultural Employee Housing” means employee housing as defined by Sections 17008, 17021.5, and 17021.6 of the Health and Safety Code.
“Agriculture” means the use of land for farming, including dairy farms and grazing of large animals, horticulture, floriculture, viticulture, apiaries, animal and poultry husbandry, and including accessory activities but not limited to storage, harvesting, feeding, or maintenance of equipment, excluding stockyards, slaughtering or commercial food processing. “Alley” means a public thoroughfare, not exceeding 30 feet in width for the use of pedestrians and/or vehicles, producing only a secondary means of access to the abutting property. “Alteration” means any constructions or physical change in the internal arrangement of rooms or the supporting members of a building or structure, or change in the appearance of any building or structure. “Ambulance services” means provision of emergency medical care or transportation, including incidental storage and maintenance of vehicles.
“Amusement device” means any machine, device, or apparatus of which the operation or use is permitted, controlled, allowed or made possible by the deposit or placing of any coin, plate, disk, slug or key into any slot, crevice or other opening or by the payment of any fee or fees, for the use as a game, contest or amusement of any description, or which may be used for any such game, contest or amusement, and the use or possession of which is not prohibited by any law of the State of California. This definition shall not include jukeboxes, telephone devices or machines that sell merchandise. “Animal” is defined as follows:
1. “Exotic or wild animal” means any animal not normally domesticated in the U.S. such as, but not limited to, a reptile, fox, raccoon or similar animal, including predatory or poisonous animals. 60139.00122\34746987.3
4 2. “Fowl” includes chickens, hens, turkeys, ducks, geese, game birds, and other animals similar in size, weight, or appearance.
3. “Household pet” means any animal customarily permitted and kept in a dwelling and kept only for the company or pleasure provided to the occupants of the dwelling, to include dogs, cats, parakeets, tropical fish, and hamsters or other similar domesticated animal.
4. “Large animal” means any equine or bovine animal, or other animal similar in size, weight, or appearance, including, but not limited to, a horse, pony, mule, donkey, cow, or ox.
5. “Small animal” means a miniature potbelly pig, a goat or lamb, or other animal similar in size, weight, or appearance.
6. “Rodent” includes rabbits and chinchillas and other animals similar in size, weight, or appearance. “Animal care facility” means a use providing grooming, housing, medical care, or other services to animals, including veterinary services, animal hospitals, overnight or short-term boarding ancillary to veterinary care, indoor or outdoor kennels, grooming and similar services. “Antique” means any collectible, object of art, bric-a-brac, curio, household furniture or furnishing offered for sale upon the basis, express or implied, that the value of the property, in whole or substantial part, is derived from its age or from its historical associations. “Antique shop” means any place of business engaged in the business of buying and selling, trading or accepting for sale on consignment antiques.
“Apartment, community” means community apartment as defined in Section 4105 of the Civil Code. “Applicant” means a person who requests in writing the approval of a lease, permit, license, certificate, or other entitlement for use from one or more public agencies. “Application” means the form and information submitted by an applicant. The form and information is to be used to determine whether to approve or deny permits or other entitlement for use. “Approval” means the issuance or commitment of issuance by a public agency of each lease, permit, license, certificate, or other entitlement for which an application was accepted as complete. The exact date of approval of any development project is determined by each public agency according to its rules, regulations, and ordinances, consistent with this code. “Arcade” means any establishment containing more than five amusement devices. This definition shall not apply to businesses with amusement devices that are accessory to the principal use of the site or commercial recreational premises such as bowling alleys, billiard parlors, skating rinks or similar recreational uses, where an arcade is part of the primary use. “Art and craft shows and exhibits (outdoor)” means the temporary outdoor sale or display of artwork or items assembled by hand allowed pursuant to Section 13.06.070(C)(2) of this title. “Automatic controller” means a mechanical or solid state timer, capable of operating valve stations to set the days and length of time of a water application.
“Automobile repair, major” means general repair, rebuilding or reconditioning of engines, motor vehicles or trailers; collision service, including body, frame, or fender repair and overall painting. 60139.00122\34746987.3
5 “Automobile repair, minor” means upholstering, replacement of parts and motor service to passenger cars and trucks not exceeding one and one-half tons of capacity but not including other operations named under “automobile repair, major.”
“Automobile wrecking” means the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts. The presence on any lot or parcel of land of five or more motor vehicles which for a period exceeding 30 days have not been capable of operating under their own power, and from which parts have been or are to be removed for reuse or sale shall constitute prima facie evidence of an automobile wrecking yard. “Basement” means a portion of a building partly or wholly underground and having more than one-half of its height below the average level of the adjoining ground. “Best management practices (BMPs)” means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollution to surface and groundwater. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. In the case of municipal stormwater permits, BMPs are typically used in place of numeric effluent limits.
“Billboard” means a permanent structure sign used for the display of off-site commercial messages, commonly called outdoor advertising.
“Biological habitat preserve” means any area which is designated and accepted by a Federal, State or local agency as a permanent or temporary sanctuary, reserve or protected area for biological species of any kind.
“Block” means the area of land bounded by streets, highways or railroad rights-of-way, except alleys. “Boarding house” means a residence or dwelling, other than a hotel, wherein three or more rooms, with or without individual or group cooking facilities, are rented to individuals under one or more separate rental agreements, leases or subleases, either written or oral, whether or not an owner, agent or rental manager is in residence. For purposes of this definition, a boarding house is a business or commercial endeavor which does not constitute a single household unit as defined in this section. Boarding house shall not include a congregate care facility or a group care facility as defined in this section. “Body piercing” means the creation of an opening in the body of a human being for the purpose of inserting jewelry or other decoration. This includes, but is not limited to, the piercing of a lip, tongue, nose or eyebrow. Body piercing does not include the piercing of an ear. “Building” means any structure built for the support, shelter or enclosure of persons, animals, fowl, chattels or personal property of any kind.
“Building, completely enclosed” means a building enclosed by a permanent roof and by solid exterior walls pierced only by windows and customary entrances and exit doors. “Building height” means the vertical distance, excluding foundations or understructures or basements, between the elevation of the finished floor level and the highest point of the structure, excluding architectural features and appurtenances such as, but not limited to, chimneys, antennas, elevator, solar equipment structures, and similar mechanical equipment. 60139.00122\34746987.3
6 “Building, historic” means a building listed individually on the National Register of Historic Places, or by a State or County agency charged with the recognition or preservation of historic structures, or by resolution of the City Council as having significant local or regional historical importance and value to the community.
“Building, main” means a building within which is conducted the principal use permitted on the lot, as provided by this title.
“Building official” means the head of the building division of the City and shall include his or her deputies.
“Building site” means a lot, or contiguous lots of land in single, multiple, or joint ownership (exclusive of all rights-of-way and all easements, except open space easements, that prohibit the surface use of the property by its owner, which provides the area and open spaces required by this title for construction of a building or buildings, and which abuts a public or private street or alley, or easement determined by the Director to be adequate for the purpose of access).
“Caretaker’s residence” means a dwelling unit accessory to a principal use on a site and intended for occupancy on the same site, as a caretaker, security guard, servant, or similar position generally requiring residence on the site.
“Carport” means a permanent roofed structure used or intended to be used for automobile shelter and storage.
“Car-share location” means a permanent, marked location for care-share pickup or drop-off. “Catering establishment” means a place for the preparation and delivery of food and beverages for off-site consumption without provision for on-site pickup or consumption. Excluded from this definition is mobile catering trucks (see “Fleet storage”).
“Cemetery” means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematoriums, mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery. “Check or anti-drain valve” means a valve located under a sprinkler head to hold water in the system so it minimizes drainage from the lower elevation sprinkler head. “Church” means a use located in a permanent building and providing regular or organized religious worship and religious education incidental thereto, but excluding a private educational facility. A property tax exemption obtained pursuant to the Constitution of the State of California and of the Revenue of Taxation Code of the State of California shall constitute prima facie evidence that such use is a church as defined herein.
“City” means the City of Santee.
“Club” means a nonprofit association of persons, whether incorporated or unincorporated, organized to pursue common goals, interests or activities, but not including a group organized solely or primarily to render a service customarily carried on as a business.
“Columbarium” means a sepulchral chamber with niches for holding cinerary urns. “Commission” means the Planning Commission of the City. 60139.00122\34746987.3
7 “Composting” has the same meaning as that term is defined in Division 30, Part 1 of the Public Resources Code.
“Conceptual development plan” means a site plan which indicates conceptual ideas for such things as, but not limited to, building placement, circulation/access, drainage/grading, buffers, stormwater facilities, and landscaping.
“Condominiums” means condominiums as defined in Section 4125 of the Civil Code: An estate of real property consisting of an undivided interest in common areas, together with a separate right of ownership in space.
“Congregate care facility” means a residential development serving seven or more persons, whether related or unrelated, licensed by the State Department of Social Services which is comprehensively planned, designed and managed, to include facilities and common space that maximize the residents’ potential for independent living. The facility may be occupied by the elderly or handicapped persons or households as defined in Health and Safety Code Sections 50067 and 50072 or successor statute. Services that are provided or made available shall relate to the medical, nutritional, social, recreational, housekeeping and personal needs of the residents and shall be provided or made available at a level necessary to assist the residents to function independently. “Direct services” means medical care, meals, housekeeping services, transportation services and planned recreational and social activities which shall be provided to the residents directly by the management of the congregate housing. “Support services” are social services, daycare services and in-home services which the management of the congregate housing shall assist the residents in obtaining, at the residents’ request. “Contractor” means establishments or places of business primarily engaged in construction activities with only incidental storage of materials, indoors only, and incidental parking of vehicles as an accessory use to a permitted use on the same premises. Excluded are building materials yards, equipment sales/rental yards and contractors yards.
“Contractor’s yard” means a use providing for the outdoor storage, sales, rental or distribution of vehicles, equipment or supplies or for the dispatching of service vehicles used in construction activities. Typical uses include building contractor’s yard, heavy equipment sales or rental yard or similar use. “Convalescent facility” means a use providing bed care and in-patient services for persons requiring regular medical attention, and persons aged or infirm unable to care for themselves, excluding surgical or emergency medical services.
“Convenience market” means a place for the retail sales of food, beverage and small convenience items typically found in establishments with long or late hours of operation. This definition excludes delicatessens and other specialty food shops having a sizeable assortment of fresh fruits and vegetables, and fresh-cut meat.
“Conversion” means the creation of separate ownership of existing real property together with a separate interest in space of residential, industrial, or commercial buildings thereon. “Council” means the City Council of Santee.
“County” means the County of San Diego.
“Court” means an open, unoccupied space, other than a yard, unobstructed from ground to sky on the same lot with a building or buildings and which is bounded on two or more sides by the walls of a building.
60139.00122\34746987.3
8 “Crematorium” means a mortuary where corpses are cremated. “Dairy” means any premises where milk is produced for sale or distribution and where three or more cows or goats are in lactation.
“Dance floor” means a defined floor area located within a business establishment designed for the purpose of dancing by patrons of the establishment.
“Dance hall” means any room, place, or space, except a private residence or home, where dancing is carried on or permitted.
“Day care center” means a private establishment for day time care of children where tuition, fees, or other forms of compensation for the care of the children is charged, including nursery schools, preschools and similar facilities. Excluded from this definition are family day care homes. “Day care, home, family” means regularly provided care, protection and supervision of 14 or fewer children, in the provider’s own home, for periods of less than 24 hours per day, while the parents or guardians are away.
“Decibel,” abbreviated to “dB,” means a unit for describing the amplitude of sound. “Dedication, offered” means that portion of land which is irrevocably offered to the City for future public rights-of-way which has no prospective future date for construction to City standards, and/or notice of completion.
“Density” means the number of dwelling units per gross acre. “Department” means the Department of Development Services. “Design” means: (a) street alignments, grades and widths; (b) drainage and sanitary facilities and utilities, including alignments and grades thereof; (c) location and size of all required easements and rights-ofway; (d) fire roads and fire breaks; (e) lot size and configuration; (f) traffic access; (g) grading; (h) land to be dedicated for park or recreational purposes; and (i) such other specific requirements in the plan and configuration of the entire project as may be necessary or convenient to insure conformity to or implementation of the General Plan or any adopted specific plan. “Detention facilities” means publicly owned and operated facilities providing housing, care, and supervision for persons confined by law.
“Development” means any physical development including, but not limited to, residences, commercial or industrial facilities, civic buildings, hospitals, schools, airports or similar facilities. “Development, multifamily residential” means a development where the number of dwelling units on one lot is more than one or where dwelling units are attached. Such development includes condominiums, townhomes, apartments and similar types of development. “Development project” means new development or redevelopment with land disturbing activities, structural development, including construction or installation of a building or structure, the creation of impervious surfaces, public agency projects, and land subdivision. “Development, single-family residential” means a development where each dwelling unit is situated on a separate lot and where each dwelling is detached. Some areas of the development may be held in common by all the residents, however, in no case is clustering of units permitted. 60139.00122\34746987.3
9 “Director” means the Director of Development Services of the City and includes his or her deputies. “Distribution” means a use engaged primarily in distribution of manufactured products, supplies, and equipment, including incidental storage and sales activities, but excluding bulk storage of materials which are flammable or explosive.
“District, base” means a specifically delineated district in the City within which regulations and requirements uniformly govern the use, placement, spacing and size of land and building. “District, dual” means when there exists two base districts on a single parcel. “Driveway” means a permanently surfaced area providing direct access for vehicles between a street and a permitted off-street parking or loading area.
“Dwelling, attached” means a dwelling unit attached to two or more dwelling units by common vertical walls.
“Dwelling, detached” means a dwelling, which is not attached to any other dwellings, by any means. “Dwelling, multiple family” means a building designed and used as a residence for two or more families living independently of each other.
“Dwelling, semidetached” means a dwelling, which is only partially attached to one or more single-family dwellings.
“Dwelling, single-family” means a building designed and used to house not more than one family including all domestic employees of such family.
“Dwelling, single room occupancy” means a building providing single-room units for one or more persons with or without shared kitchen and bath facilities, including efficiency units per Health and Safety Code Section 17958.1.
“Dwelling unit” means a single unit providing complete, independent living facilities for one or more persons.
“Easement” means a grant of one or more of the property rights by the property owner for the use by the public, a corporation or another person or entity.
“Eave” means the projecting lower edges of a roof overhanging the wall of a building. “Educational facility” means a school, offering instruction in the several branches of learning and study required to be taught by the Education Code of the State. This definition includes elementary and high schools, as well as colleges and universities.
“Effective precipitation or usable rainfall” means the portion of total precipitation that is used by the plants. Precipitation is not a reliable source of water, but can contribute to some degree towards the water needs of the landscape.
“Elevation” means:
1. A vertical distance above or below a fixed reference level.
2. A flat scale drawing of the front, rear, or side of a building or structure. 60139.00122\34746987.3
10 “Emergency shelter” has the same meaning as defined in subdivision (e) of Section 50801 of the State Health and Safety Code.
“Enclosed” means a covered space fully surrounded by walls, including windows, doors, and similar openings or architectural features.
“Energy system, alternative” means application of any technology, the conservation of energy, or the use of solar, biomass, wind, geothermal, hydroelectricity under 25 megawatts, or any other source of energy, the efficient use of which will reduce the use of fossil and nuclear fuels. “Engineer, City” means the City Engineer of the City and shall include his or her deputies. “Environmental impact report (EIR)” means a detailed statement setting forth the environmental effects and considerations pertaining to a project as specified in Section 21100 of the California Environmental Quality Act, and may mean either a draft or a final EIR. “Equipment sales/rental yard” means the sale, primarily retail, and/or rental from the premises of light equipment such as lawnmowers, forklifts, rototillers and similar small equipment. “Façade” means the exterior wall of a building exposed to public view or that wall viewed by persons not within the building.
“Family” means one or more individuals living together as a single household unit. The term family shall include “group care facilities, limited” for six or fewer mentally disabled, mentally disordered or otherwise handicapped persons regardless of whether they are living together as a single household unit, but shall not include any other living group that is not living together as a single household unit. “Farmer’s market” means the outdoor display and sale of produce and other agricultural products such as, but not limited to, fruits, vegetables, nuts, honey, eggs, herbs, flowers, and plants. “Fence” means an artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.
“Financial service” means a use providing financial services to individuals, firms, or other entities. The term financial service includes banks, savings and loan institutions, loan and lending activities and similar services.
“Finished floor level” means the uppermost surface of a floor without any applied finishes, typically the screed finish of a concrete slab or foundation. Multiple finished floor levels (FFL) may exist within a building or complex of buildings on a site depending on topographical conditions, however the building height calculation for zoning district height limitations consistency shall be based on the maximum length between a finished floor level of a building and the highest point of that building (see diagram below). 60139.00122\34746987.3
11 “Fleet storage” means storage or parking of one or more vehicles used regularly in business operations where the parking of vehicles constitutes the principal use on the site. Examples of fleet vehicles include, but are not limited to, limousine fleets, taxi fleets, mobile catering trucks, moving van fleets or delivery truck fleets. Excluded are sales/rentals of vehicles.
“Floor area, gross” means the sum of the gross horizontal areas of average floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but not including interior parking space, loading space for motor vehicles, or any space where the floor-to-ceiling height is less than six feet.
“Floor area, net” means the total of all floor areas of a building, excluding stair wells and elevator shafts, equipment rooms, interior vehicular parking or loading; and all floors below the first or ground floor, except when used or intended to be used for human habitation or service to the public. “Frontage” means the side of a lot abutting a street, the front lot line, except the side of a corner lot. “Garage, private” means an accessory building or an accessory portion of the main building designed and/or used for the shelter or storage of vehicles of the occupants of the main building. “Garage, public” means a building, or portion thereof, other than a private customer and employee garage or private residential garage, used primarily for the parking and storage of vehicles and available to the general public.
“Garbage” means animal and vegetable waste resulting from the handling, storage, sale, preparation, cooking and serving of foods.
“Glare” means the effect produced by brightness sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.
“Grade” means:
1. The lowest horizontal elevation of the finished surface of the ground, paving, or sidewalk at a point where height is to be measured;
2. The degree of rise or descent of a sloping surface.
“Grade, finished” means the final elevation of the ground surface after development. “Grade, natural” means the elevation of the ground surface in its natural state, before man-made alterations.
60139.00122\34746987.3
12 “Grading” means any stripping, cutting, filling, stockpiling of earth or land, including the land in its cut or filled condition.
“Grading, contour” means a grading concept designed to result in earthforms and contours which resemble natural terrain characteristics, with generally curving, nonlinear slope banks having variations in the slope ratios of the horizontal and vertical curves. “Greenbelt” means an open area which may be cultivated or maintained in a natural state surrounding development or used as a buffer between land uses or to mark the edge of an urban or developed area. “Group care facility, general” means shared living quarters (without separate kitchen or bathroom facilities for each room or unit) for seven or more persons with physical or mental impairments that substantially limit one or more of such person’s major life activities when such persons are not living together as a single household unit. This classification includes, but is not limited to, group homes, sober living environments, recovery facilities, and establishments providing nonmedical care for persons in need of personal services, supervision, protection or assistance essential for sustaining the activities of daily living facility, including resident services for persons handicapped or disabled, undergoing rehabilitation, or otherwise in need of care and supervision. This definition shall not include Statelicensed residential care facilities, as that term is defined in this section, whether accessory or nonaccessory, emergency shelters, transitional housing, lodging units or boardinghouses. “Group care facility, limited” means shared living quarters (without separate kitchen and bathroom facilities for each room or unit) for six or fewer persons with physical or mental impairments that substantially limit one or more of such person’s major life activities. This classification also includes, but is not limited to, group homes, sober living environments, recovery facilities, and establishments providing nonmedical care for persons in need of personal services, supervision, protection or assistance essential for sustaining the activities of daily living, but shall not include State-licensed residential care facilities, as that term is defined in this section, whether accessory or nonaccessory, emergency shelters, transitional housing, lodging units or boardinghouses.
“Guest room” means a room which is designed and/or used by one or more guests for sleeping purposes, but in which no provisions are made for cooking.
“Hazardous waste treatment facility” means all contiguous land and structures, other appurtenances, and improvements on the land, used for handling, treating, storing or disposing of hazardous waste. Does not include household hazardous waste collection facilities. “Height” means the vertical distance of a non-building structure, such as telecommunication towers, freestanding signs, poles, and fences measured from the finished grade to the highest point of the structure. For buildings, see “Building height” definition. “Heliport” means pads and facilities enabling takeoffs and landings by helicopter. “Hertz” means a unit of measurement of frequency, numerically equal to cycles per second. “Home improvement center” means a retail service engaged in providing retail sale, rental, service, or related repair and installation of home improvement products, including building materials, paint and wallpaper, carpeting and floor covering, decorating, heating, air conditioning, electrical, plumbing, and mechanical equipment, roofing supplies, yard and garden supplies, home appliances and similar home improvement products.
60139.00122\34746987.3
13 “Home occupation” means any occupation or profession conducted or carried on entirely within a dwelling by the occupants thereof which is clearly incidental and secondary to the use of the structure for dwelling purposes and which does not change the character thereof and does not adversely affect other uses in the zone of which it is a part. Home occupations shall be evaluated in accordance with the provisions and criterion contained in Section 13.06.060 of this title. “Homeowners association” means a private organization composed of residents within a project who own in common certain property and shall be responsible for the maintenance and management of certain commonly owned property.
“Hospital” means a facility providing medical, psychiatric, or surgical service for sick or injured persons primarily on an inpatient basis, and including ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees or visitors. “Hotel” means any structure, or portion of any structure, which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, including any hotel, inn, tourist home or house, motel, studio hotel, lodging house, rooming house, apartment house, dormitory, mobile home, motor home, travel trailer or house trailer at a fixed location, or other similar structure or portion thereof.
Household Pet. See “Animal.”
“Impermeable surface” means a surface that cannot be penetrated by water and includes, but is not limited to, impervious materials such as concrete or asphalt.
“Improvement” means any item which becomes part of, placed upon, or is affixed to real estate. “Infiltration rate” means the rate of water entry into the soil expressed as a depth of water per unit of time in inches per hour.
“Junior accessory dwelling unit” or “JADU” means a residential unit that:
1. Is no more than 500 square feet in size,
2. Is contained entirely within an existing or proposed primary single-family residence,
3. Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family residence, and
4. Includes an efficiency kitchen, as defined in Section 13.10.045. “Junk” means any combustible or noncombustible non-putrescible waste, including, but not limited to trash, refuse, paper, glass, cans, bottles, rags, fabrics, bedding, ashes, trimmings from lawns, shrubbery or trees, except when used for mulch or like agricultural purposes, household refuse other than garbage, lumber, metal, plumbing fixtures, bricks, building stones, plaster, wire or like materials from the demolition, alteration or construction of buildings or structures, tires or inner tubes, auto aircraft or boat parts, plastic or metal parts or scraps, damaged or defective machinery, whether or not repairable, and damaged or defective toys, recreational equipment or household appliances or furnishings, whether or not repairable.
“Junkyard” means any area, lot, land, parcel, building or structure or part thereof used for the storage, collection, processing, purchase, sale or abandonment of wastepaper, rags, scrap metal or other scrap or discarded goods, materials, machinery or two or more unregistered, inoperable motor vehicles or other type of junk.
60139.00122\34746987.3
14 “Kennel” means a facility, whether or not operated for profit, that keeps or maintains five or more dogs, cats, or other domesticated animals at least four months old. It includes a facility owned or operated by an animal welfare agency, but does not include an animal shelter operated or established by the City, an agency contracted by the City to provide animal control services, or to a veterinary hospital operated by a veterinarian licensed by the State. A kennel also includes a facility with the requisite five dogs that also keeps or maintains other animals. As used in this definition a “facility” means any combination of adjacent buildings, structures, enclosures or lots under common ownership or operated as one unit, to keep or maintain dogs or cats.
“Kitchen” means any room, all or any part of which is designed and/or used for cooking and the preparation of food.
“Landscaping” means an area devoted to or developed and maintained predominately with native or exotic plant materials including lawn, ground cover, trees, shrubs, and other plant materials; and also including accessory decorative outdoor landscape elements such as pools, fountains, paved or decorated surface (excluding driveways, parking, loading, or storage areas, and sculptural elements). “Landscaping, drought tolerant” means plant materials whose water requirements are well suited to the climate of the region and which require minimal water once they are established. “Land use” means a description of how land (real estate) is occupied or utilized. “Large collection facility” means a center for the acceptance by donation, redemption or purchase of recyclable materials from the public which may occupy an area of more than 500 square feet and may include permanent structures. This definition does not include solid waste recycling conducted in conjunction with a solid waste transfer facility.
“Liquor store” means any store designed and operated for the selling of alcoholic beverages with the selling of any other merchandise being accessory to the primary operation of selling liquor. “Loading space” means an off-street space or berth on the same lot with a building or contiguous to a group of buildings for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.
“Lodging unit” means a room or group of rooms used or intended for use by overnight occupants as a single unit, whether on a transient or residential occupancy basis, located in a motel or dwelling unit providing lodging, whether or not meals are provided to such persons. Where designed or used for occupancy by more than two persons, each two persons capacity shall be deemed a separate lodging unit.
For the purpose of determining residential density, each two lodging units shall be considered the equivalent of one dwelling unit.
“Lot” means any parcel of real property approved by a record of survey, plat, parcel map, subdivision map, or certificate of compliance, or any parcel legally created or established pursuant to the applicable zoning or subdivision regulations in effect prior to the effective date of application of this code to such parcel.
“Lot, corner” means a lot or parcel of land abutting upon two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than 135 degrees. “Lot coverage” means the amount (typically expressed in a percentage) of the area of a lot covered by buildings. Lot coverage calculations do not include open carports, porches, open patio covers, or other similar open structures.
60139.00122\34746987.3
15 “Lot, cul-de-sac” means a lot located on the turning end of a dead-end street. “Lot depth” means the horizontal distance between the midpoint of the front lot line and the midpoint of the rear lot line.
“Lot, flag” means a lot having access to a street by means of a private driveway, access easement, or parcel of land not meeting the requirements of this code for lot width. “Lot, interior” means a lot other than a corner lot.
“Lot, key” means the first interior lot to the rear of a reversed corner lot, the front line of which is a continuation of the side line of the reversed corner lot, exclusive of the width of an alley, and fronting on the street which intersects or intercepts the street upon which the corner lot fronts. “Lot, reversed corner” means a corner lot having a side lot line which is substantially a continuation of the front lot line of a lot to its rear.
“Lot, substandard” means any lot which does not meet the minimum dimensions; the area of any easement which restricts the normal usage of the lot may be excluded. “Lot, through” means a lot other than a corner lot abutting more than one street. “Lot line” means a line bounding a lot.
“Lot line, front” means a lot line paralleling the street. On a corner lot, the shorter lot line abutting a street or the line designated as the front lot line by a subdivision or parcel map. “Lot line, rear” means a lot line, not intersecting a front lot line, which is most distant from and most closely parallel to the front lot line. In the case of an irregularly shaped lot or a lot bounded by only three lot lines, a line within the lot having a length of 10 feet, parallel to and most distant from the front lot line shall be interpreted as the rear lot line for the purpose of determining required yards, setbacks, and other provisions of this ordinance.
“Lot line, side” means a lot line not a front or rear lot line. “Lot line, street” means a lot line abutting a street.
“Lot width” means the horizontal distance between side lot lines, measured at the front setback line. “Lounge, cocktail” means a use providing preparation and retail sale of alcoholic beverages, on a licensed “on sale” basis, for consumption on the premises, including taverns, bars, and similar uses. “Low impact development (LID)” means a stormwater management and land development strategy that emphasizes conservation and the use of on-site natural features integrated with engineered, small-scale hydrologic controls to more closely reflect pre-development hydrologic functions. “Manufacturing” means a use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, and packing of such products, the incidental processing of extracted or raw materials, processes utilizing flammable or explosive materials (i.e., materials which ignite easily under normal manufacturing conditions), and processes which create hazardous or commonly recognized offensive conditions. “Map Act” means the Subdivision Map Act of the State.
60139.00122\34746987.3
16 “Map, contour” means a map that displays land elevations in graphic form. “Mausoleum” means a large tomb, usually above ground.
“Maximum Extent Practicable (MEP).” As used in Titles 9 and 13 of the Santee Municipal Code, MEP means implementation of all Best Management Practices (BMPs) that are technically feasible (i.e., are likely to be effective), are not cost prohibitive, and adequately reduce pollutant discharges from the MS4.
MEP will generally require a combination of source control and treatment control BMPs that emphasizes pollution prevention and source control BMPs as the first line of defense, and utilizes treatment control BMPs as a second line of defense.
“Medical office” means a use providing consultation, diagnosis, therapeutic, preventative, or corrective personal treatment services by doctors, dentists, medical and dental laboratories, and similar practitioners of medical and healing arts for humans licensed for such practice by the State. “Merger” means the joining of two or more contiguous parcels of land under one ownership into one parcel.
“Micro-brewery” means a small-scale brewery operation that produces less than 15,000 barrels of beer per year, with on-site and/or off-site consumption, and with or without a pub or restaurant, as licensed by the California Department of Alcoholic Beverage Control. “Mobilehome” means a moveable or transportable vehicle having no foundation other than jacks, piers, wheels, or skirting, designed as a permanent structure intended for occupancy and designed for subsequent or repeated relocation.
“Mobilehome park” means a residential facility arranged or equipped for the accommodation of two or more mobilehomes, with spaces for such mobilehomes available for rent, lease, or purchase, and providing utility services and other facilities either separately or in common to mobilehome space therein. “Mobilehome space” means a plot of ground within a mobile home park designed for the accommodation of one mobile home.
“Mortuary” means a place where dead bodies are kept for burial or cremation and excludes crematoriums. “Motel” means a commercial facility containing lodging units and dwelling units intended primarily for temporary occupancy, with not more than 10% of the units having kitchen facilities and meeting the definition of a dwelling unit. The term “motel” shall include a hotel, motor hotel, tourist court, or similar use, but shall not include a mobilehome park.
“Mulch” means any material such as leaves, bark, straw or other materials left loose and applied to the soil surface to reduce evapotranspiration.
“Neighborhood center” means a shopping center which clusters essential retail goods and services to residents in the immediate vicinity of the center.
“Nightclub” means a place of entertainment, other than adult related, with or without accessory food and/or liquor sales, having a floor show and/or providing music and space for dancing. This definition shall also include dance halls.
“Nightclub, teenage” means a place, premises or establishment where entertainment, music and dancing, other than adult related, are available to persons between the ages of 17 and 21 years of age in a 60139.00122\34746987.3
17 supervised nightclub setting and includes the provision of food or nonalcoholic beverages as an accessory use.
“Noise” means any undesirable audible sound.
“Noise, ambient” means the all-encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made. “Noise, basic level” means the acceptable noise level within a given district. “Noise, impulsive” means a noise characterized by brief excursions of sound pressures whose peak levels are very much greater than the ambient noise level, such as might be produced by the impact of a pile driver, punch press or drop hammer, typically with one second or less duration. “Noise, intrusive” means that alleged offensive noise which intrudes over and above the existing ambient noise at the receptor property.
“Noise, mobile source” means any noise source other than a fixed noise source. “Noise, simple tone” or A pure tone noise means a noise characterized by the presence of a predominant frequency or frequencies such as might be produced by whistle or hum. “Noise, zone” means any defined area or region of a generally consistent land use. “Nonconforming” means a building, structure or portion thereof, or use of a building or land which does not conform to the regulations of this code and which lawfully existed at the time the regulations became effective through adoption, revision or amendment.
“Nonconforming lot” means a lot, the area, dimensions or location of which was lawful prior to the adoption, revision or amendment of this code, but which fails by reason of such adoption, revision, or amendment, to conform to the present requirements of the district. “Nonconforming structure or building” means a structure or building the size, dimensions or location of which was lawful prior to the adoption, revision or amendment to this code, but which fails by reason of such adoption, revision or amendment, to conform to the present requirements of the district. “Nonconforming use” means a use or activity which was lawful prior to the adoption, revision or amendment of this code, but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of the district.
“Nursery, landscape” means a retail service providing propagation and sale of plants, shrubs, trees, and similar products, related materials and services associated with installation, maintenance, and improvements of yards, gardens, landscaped areas, outdoor living and recreation areas, and similar facilities.
“Office professional” means a use providing professional or consulting services in the fields of law, architecture, design, engineering, accounting, and similar facilities. “Open space, common” means open space within a project owned, designed, and set aside for use by all occupants of the project or by occupants of a designated portion of the project. Common open space is not dedicated to the public and is owned and maintained by a private organization made up of the open space 60139.00122\34746987.3
18 users. Common open space includes common recreation facilities, open landscaped areas, and greenbelts, but excludes pavement or driveway areas, or parkway landscaping within public right-of-way. “Open space, private” means that open space directly adjoining the units or building, which is intended for the private enjoyment of the occupants of the unit or building. Private open space shall in some manner be defined such that its boundaries are evident. Private open space includes private patios or balconies, and front, rear, or side yards on a lot designed for single family detached or attached housing. “Open space, usable” means outdoor or unenclosed area on the ground, or on a roof, balcony, deck, porch, or terrace, designed and accessible for outdoor living, recreation, pedestrian access, or landscaping, but excluding parking facilities, driveways, utility or service areas. “Outdoor recreation facility” means recreation in which the activity is principally conducted outdoors.
This term includes golf courses, race tracks, archery ranges, outdoor concert and performance entertainment, and similar uses. This does not include pools and recreation areas that are accessory to other permitted principal uses.
“Overhang” means:
1. The part of a roof or wall which extends beyond the façade of a lower wall;
2. The portion of a vehicle extending beyond the wheel stops or curb. “Overlay district” means a district established by this title, which may be applied to a lot or portion thereof only in combination with a base district.
“Overspray” means the water, which is delivered beyond the landscaped area, wetting pavements, walks, structures or other non-landscaped areas.
“Pad, building” means that area of a lot graded relatively flat, or to a minimum slope, for the purpose of accommodating a building and related outdoor space.
“Parapet” means the extension of the main walls of a building above the roof level. “Parcel” means a lot or tract of land.
“Park and recreation facilities” means noncommercial parks, playgrounds, recreation facilities, and open spaces.
“Parking area” means any public or private land area designed and used for parking motor vehicles including parking lots, garages, private driveways and legally designated areas of public streets. “Parking area, private” means a parking area for the private use of the owners or occupants of the lot on which the parking area is located.
“Parking area, public” means a parking area available to the public, with or without compensation, or used to accommodate clients, customers or employees.
“Parking lot” means an off-street, ground level area, usually surfaced and improved, for the temporary storage of motor vehicles.
“Parking space” means a space for the parking of a motor vehicle within a public or private parking area. 60139.00122\34746987.3
19 “Pawnshop” means any place engaged in the business of loaning money to any person, upon any personal property, personal security or purchasing personal property and reselling or agreeing to resell such articles to the vendor or other assignees at prices previously agreed upon. “Performance standards” means a set of criteria or limits relating to nuisance elements which a particular use or process may not exceed.
“Perimeter” means the boundaries or borders of a lot, tract, or parcel of land. “Permeable surface” means a surface that can be penetrated by water and includes, but is not limited to, pervious concrete, porous asphalt, unit pavers, granular materials, landscaping, or other similar material approved by the Director.
“Permit” means written governmental permission issued by an authorized official, empowering the holder thereof to do some act not forbidden by law, but not allowed without such authorization. “Permitted use” means any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.
“Phase” means any contiguous part or portion of a project which is developed as a unit in the same time period.
“Plan, general” means the General Plan of the City of Santee, including all maps, reports, and related plan elements adopted by the City Council.
“Planned residential development” means planned development as defined in Chapter 1, Part 5, Division 4 of the Civil Code.
“Pony” means a horse measuring 14 hands two inches or less at the withers. “Pre-district” means the act of designating, in advance of annexation, the district to be applicable to a site upon subsequent annexation of that site to the City.
“Pre-fabricated structure” means any previously manufactured structure inspected and approved by the California State Housing and Community Development Department. Said structures must have a State identification tag, which specifies date of inspection and occupant load. “Priority development project” means new development and significant redevelopment project categories listed in Section 13.19.030 of this code.
“Project” means the total development within the boundaries as defined on the development plan. “Public buildings and facilities” means any building, office, site or other development operated by and under the control of any public agency, public utility, or special district. “Quarry” means a place where rock, ore, stone and similar materials are excavated for sale or for off-tract use.
“Queue line” means an area for temporary parking and lining of motor vehicles while waiting a service or other activity.
“Reclaimed water” means treated or recycled waste water of a quality suitable for nonpotable uses such as landscape irrigation as determined by the Padre Dam Municipal Water District. Not intended for human consumption.
60139.00122\34746987.3
20 “Recreation, commercial” means a use providing facilities for recreation; including indoor recreation uses such as theaters, bowling alleys, billiard parlors, skating arenas, and similar services, and outdoor uses such as golf, tennis, basketball, baseball, and similar services, operated on a private or for-profit basis, but excluding arcades.
“Recycling” means the process by which waste products are reduced to raw materials and transformed into new and often different products, including automobile recycling. “Religious institution” means a seminary, retreat, monastery, conference center, or similar use for the conduct of religious activities, including accessory housing incidental thereto, but excluding a private educational facility.
“Renewable energy storage facility” means a structure incorporating machinery or equipment, designed to store renewable energy.
“Repair” means the reconstruction or renewal of any park of an existing building for the purpose of its maintenance.
“Research and development” means a use engaged in study, testing, design, analysis, and experimental development of products, processes, or services, including incidental manufacturing of products or provision of services to others.
“Residential care facility, accessory” means 24-hour nonmedical care of six or fewer persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living. This classification includes only those services and facilities licensed by the State of California. “Residential care facility, nonaccessory” means 24-hour nonmedical care for seven or more persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living.
This classification includes only those services and facilities licensed by the State of California. “Restaurant” means a use providing preparation and retail sale of food and beverages, including sandwich shops, ice cream parlors, and similar uses.
“Right-of-way” means a strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer and other similar uses. “Room, recreation” means a single room in a main building or in an accessory building designed and/or used exclusively for recreational purposes by the occupants or guests of the premises. “Rubbish” means all nonreusable waste or debris such as paper, cardboard, grass, tree or shrub trimmings, rugs, straw, clothing, wood or wood products, crockery, glass, rubber, metal, plastic, construction waste and debris, and other similar materials.
“Run off” means water which is not absorbed by the soil or landscape to which it is applied and flows from the area.
“Run with the land” means a covenant restriction to the use of land contained in a deed and binding on the present and all future owners of the property.
“San Diego County Municipal Stormwater Permit” means the current permit for operation of the City’s municipal separate storm sewer system issued by the San Diego Regional Water Quality Control Board. 60139.00122\34746987.3
21 “School, business or trade” means a use providing education or training in business, commerce, language, or other similar activity or occupational pursuit, and not otherwise defined as a home occupation, educational facility, or commercial school.
“School, commercial” means a use providing facilities for instructional services in photography, fine arts, crafts, gymnastics, karate, dance, music, tutoring or other similar activity. “Screened” means shielded, concealed, and effectively hidden from view by a person standing at ground level on an abutting site, or outside the area or subject to screening, by a fence, wall, hedge, berm, or similar architectural or landscape feature.
“Secondhand property” means personal property of which prior use has been made, including antiques. “Secondhand store or thrift shop” means any place engaged in the business of buying and selling, trading or accepting for sale on consignment secondhand property. “Service, automotive” means a use engaged in sale, rental, service, or major repair of new or used automobiles, trucks, trailers, boats, motorcycles, mopeds, recreational vehicles, or other similar vehicles, including tire recapping, painting, body and fender repair, and engine, transmission, air conditioning, and glass repair and replacement, and similar services.
“Service station” means an establishment offering the sale of gasoline, oil, minor automotive accessories, and minor repair services for the operation of motor vehicles, but not including painting, body work, steam cleaning, or major repairs.
“Service, takeout” means a feature or characteristic of eating and drinking services which encourage or allow, on a regular basis, consumption of food and beverages outside of a building, such as in outdoor seating areas where regular table service is not provided, in vehicles parked on the premises, or off the site.
“Setback” means a required, specified distance between a building or structure and a lot line or lines. “Setback line” means a line within a lot parallel to and measured from a corresponding lot line, forming the boundary of a required yard and governing the placement of structures and uses on the lot. “Shopping center” means a group of commercial establishments, which includes 10 or more tenant spaces, planned, developed, owned, or managed as a unit, with off-street parking provided on the site. “Single household unit” means an interactive group of persons jointly occupying a single dwelling unit including the joint use of common areas and sharing household activities and responsibilities such as meals, chores, and expenses. A boarding house is not a single household unit unless the Director determines that sufficient evidence has been provided that the boarding house meets the definition of a single household unit set forth herein. For purposes of the definition of “Group care facilities, limited,” a single household unit’s members shall also be a nontransient group. “Site area” means the net horizontal area included within the boundary lines of a site, not including the area within the established right-of-way of a public street, future public street, or railroad, or any other area dedicated or to be dedicated for a public use.
“Site plan” means a plan, prepared to scale, showing accurately and with complete dimensioning, all of the buildings, structures and uses and the exact manner of development proposed for a specific parcel of land.
60139.00122\34746987.3
22 “Slope” means the degree of deviation of a surface from the horizontal, usually expressed in percent or degrees.
“Small collection facility” means a center for the acceptance by donation, redemption or purchase of recyclable materials from the public which does not exceed 500 square feet in area and can include:
mobile units, bulk reverse vending machines and unattended containers placed for the donation of recyclable materials.
“Solar access” means a property owners’ right to have sunlight shine on his or her property. “Sprinkler head” means a device, which sprays water through a nozzle. “Stable, commercial” means a stable for horses, mules or ponies, which are rented, used or boarded on a commercial basis for compensation.
“Stable, private” means an accessory building for the keeping of horses, mules, or ponies owned by the occupants of the premises and not rented, used or boarded on a commercial basis for compensation. “Story” means that portion of a building included between the upper surface of any floor and the upper surface of any floor next above it, or if there be no floor above it, then the space between such floor and ceiling next above it.
“Story, half” means a story with at least two of its opposite sides meeting a sloping roof, not more than two feet above the floor of such story.
“Street” means any public or private thoroughfare with a width of 20 feet or more, which affords a primary means of access to abutting property.
“Street line” means the boundary line between a street and abutting property. “Street, peripheral” means an existing street whose right-of-way is contiguous to the exterior boundary of the subdivision.
“Street, private” means a street in private ownership, not dedicated as public street, which provides the principal means of vehicular access to a property and not to be construed to mean driveways, alleys, or parking areas.
“Street, public” means a street owned and maintained by the City, the County, or the State. The term includes streets offered for dedication which have been improved, or for which a bonded improvement agreement is in effect.
“Structural alterations” means any change in the supporting members of a structure such as the bearing walls or partitions, columns, beams or girders.
“Structure, attached residential accessory” means a subordinate, nonhabitable structure that is incidental and attached to the main dwelling on the same lot. Attached residential accessory structures would include, but not be limited to, garages, carports, unenclosed covered patios, pergolas, workshops, and storage structures.
“Structure, auxiliary” means a subordinate building or structure which is incidental and not attached to the main building or use on the same lot. If an auxiliary building is attached to the main building or if the roof is a continuation of the main building roof, the auxiliary building shall be considered an addition to the main building.
60139.00122\34746987.3
23 “Structure, detached residential accessory” means a subordinate, nonhabitable structure that is incidental and not attached to the main dwelling on the same lot. Detached residential accessory structures would include, but not be limited to, garages, carports, unenclosed covered patios, pergolas, workshops, sheds, gazebos, cabanas, and storage structures.
“Structure, habitable” means a structure for living, sleeping, and/or cooking. “Structure, nonhabitable” means a structure not for living, sleeping, and/or cooking. Nonhabitable structures would include, but not be limited to, garages, carports, unenclosed covered patios, pergolas, workshops, sheds, gazebos, cabanas, and storage structures. “Structure, temporary” means a structure without any foundation or footings and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased. “Subdivider” means a person, firm, corporation, partnership, or associate who proposes to divide, divides, or causes to be divided real property into a subdivision for him or herself or for others; except that employees and consultants of such persons or entities, acting in such capacity, are not “Subdividers.” “Subdivision” means the division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale, development or lease. “Subdivision, custom lot” means a subdivision which creates parcels to be sold in an undeveloped state to individual owners for development of not more than four units per owner. “Subdivision, tract” means a subdivision which creates five or more parcels to be developed as a whole by an owner or builder.
“Supportive housing” has the same meaning as defined in subdivision (b) of Section 50675.14 of the State Health and Safety Code.
“Tattoo parlor” means any place of business that engages in tattooing persons by any method of placing designs, letters, scrolls, figures, symbols or any other marks upon or under the skin with ink or colors, by the aid of needles or instruments.
“Tobacco paraphernalia business” means an establishment that devotes more than a two-foot by four-foot (two feet in depth maximum) section of shelf space for equipment, products, and materials of any kind (excluding lighters and matches) which are intended or designed for the use of or with tobacco, and includes, but is not limited to, the following:
1. Kits intended for use or designed for use in planting, propagating, cultivating, growing or harvesting of any species of tobacco plant.
2. Kits intended for use or designed for use in manufacturing, compounding, converting, producing, processing, or preparing tobacco.
3. Isomerization devices intended for use or designed for use in increasing the potency of any species of tobacco plant.
4. Testing equipment intended for use or designed for use in identifying, or in analyzing the strength, effectiveness or purity of tobacco.
5. Scales and balances intended for use or designed for use in weighing or measuring tobacco. 60139.00122\34746987.3
24 6. Separation gins and sifters intended for use or designed for use in removing twigs, stems, seeds, or other foreign material form, or in otherwise cleaning or refining, tobacco.
7. Blenders, bowls, containers, spoons, and mixing devices intended for use or designed for use in compounding tobacco substances or substances containing tobacco.
8. Envelopes, pouches, capsules, balloons, and other containers intended for use or designed for use in packaging small quantities of tobacco.
9. Containers and other objects intended for use or designed for use in storing or concealing tobacco.
10. Objects intended for use or designed for use in ingesting, inhaling, or otherwise introducing tobacco into the human body, such as the following:
11. Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, or punctured metal bowls.
12. Water pipes.
13. Carburetion tubes and devices.
14. Smoking and carburetion masks.
15. Clips or other devices intended to hold burning material, such as a cigarette, that has become too small or too short to be held in the hand.
16. Chamber pipes.
17. Carburetor pipes.
18. Electric pipes.
19. Air-driven pipes.
20. Chillums.
21. Bongs.
22. Ice pipes or chillers.
Nothing in the definition of tobacco paraphernalia business is intended to nor shall be interpreted as legalizing or applying to any use otherwise prohibited by State or Federal law, including, without limitation, California Penal Code Section 308 and Health and Safety Code Sections 11014.5, 11364, 11364.5 and 11364.7.
“Tot lot” means an improved and equipped play area for small children usually up to elementary school age.
“Townhouse” means a building subdivided into individual units such that each owner owns the structure and the land upon which the unit is located, plus a common interest in the land upon which the building is located.
“Transitional area” means an area which acts as a buffer between two land uses of different intensity. “Transitional housing” has the same meaning as defined in subdivision (h) of Section 50675.2 of the State Health and Safety Code.
60139.00122\34746987.3
25 “Travel trailer” means a vehicle which is designed or used for human habitation and for travel or recreational purposes which does not at any time exceed eight feet in width and 40 feet in length and which may be moved upon a public highway without a special permit or chauffeur’s license or both without violating any provisions of the California Vehicle Code. “Truck terminal” means a lot, lot area or parcel of land used, designed or maintained for the purpose of storing, parking, refueling, repairing, dispatching, servicing or keeping motor trucks and associated equipment together with those facilities necessary to service, dispatch, store or maintain the aforementioned vehicles, their cargoes and crews.
“Turf” means a surface layer of earth containing mowed grass with its roots. Annual bluegrass, Kentucky bluegrass, perennial ryegrass, red fescue and tall fescue are cool season grasses. Bermuda grass, Kikuyu grass, seashore paspalum, St. Augustine grass, Zoysia grass and buffalo grass are warm season grasses. “University” or “college” means an educational institution of higher learning which offers general academic instruction as determined by the State Board of Education. “Use” means the conduct of an activity, or the performance of a function or operation, on a site or in a building or facility.
“Use, accessory” means a use which is incidental to, and customarily associated with, a specified principal use, and which meets the applicable conditions set forth in this title. “Use, change of” means the replacement of an existing use by a new use, or a change in the nature of an existing use, but not including a change of ownership, tenancy, name, or management where the previous nature of the use, line of business, or other function is substantially unchanged. “Use, conditional” means a use, listed by the regulations of any particular district as a conditional use within that district and allowable therein, solely on a discretionary and conditional basis, subject to a conditional use permit or minor conditional use permit, and to all other regulations established by this code.
“Use, discontinued” means to cease or discontinue a use or activity, excluding temporary or short-term interruptions to a use or activity during periods of remodeling, maintaining, or otherwise improving a facility.
“Use, drive-in” means an establishment which by design, physical facilities, service, or by packaging procedures encourages or permits customers to receive services, obtain goods, or be entertained while remaining in the motor vehicles.
“Use, permitted” means a use listed by the regulation of any particular district as a permitted use within that district, and permitted therein as a matter of right when conducted in accord with the regulations established by this title.
“Use, principal” means a use which fulfills a primary function of household, establishment, institution, or other entity.
“Use, single-family” means the use of a site for only one dwelling unit. “Use, temporary” means a use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.
60139.00122\34746987.3
26 “Use, transitional” means a land use of an intermediate intensity between a more intensive and less intensive use.
“Value” or “valuation” means the estimated cost to replace a structure in kind, based on current replacement costs.
“Valve” means a device used to control the flow of water in the irrigation system. “Variance” means permission to depart from the literal development requirements of the zoning ordinance.
“Vehicle” means a self-propelled device by which persons or property may be moved upon a highway, excepting a device moved by human power or used exclusively upon stationary rails or tracks. “Vehicle, inoperable” means a vehicle that is unregistered, wrecked, burned, dismantled, lacks a motor, transmission, or wheels, is on blocks, or is otherwise incapable of being driven upon the highways in conformity with the requirements of the Vehicle Code.
“Vehicle, operable” means a vehicle that is currently registered and able to be driven upon the highways in conformity with the requirements of the Vehicle Code. “Vehicle, recreational” means a vehicle towed or self-propelled on its own chassis or attached to the chassis of another vehicle and designed or used for temporary dwelling, recreational or sporting purposes.
The term recreational vehicle shall include but shall not be limited to, travel trailers, pick-up campers, camping trailers, motor coach homes, converted trucks and buses, and boats and boat trailers. “Vehicle storage/impound facility” means any lot, lot area, or parcel of land used, designed, or maintained for the specific purpose of storing, impounding, or keeping motor vehicles, but not including dismantling or wrecking activities.
“Wall, front” means the nearest wall of a building or other structure to the street upon which the building faces, but excluding cornices, canopies, eaves or any other architectural embellishments. “Warehousing” means the use of a building or buildings primarily for the storage of goods of any type, but excluding bulk storage of materials which are flammable or explosive or which create hazardous or commonly recognized offensive conditions.
“Wholesaling” means the use engaged primarily in the selling of any type of goods for purpose of resale, including incidental storage and distribution.
“Yard” means an open space that lies between the principal or accessory building or buildings and the nearest lot line.
“Yard, corner side” means a side yard which faces a public street on a corner lot and extends from the front yard to the rear yard.
“Yard, exterior side” means a side yard which faces a public street on a corner lot and extends from the front yard to the rear yard.
“Yard, front” means a yard extending the full width of the lot between the front lot line and a line parallel thereto and passing through the nearest point of the building; provided that, if a future street right-of-way has been established, such measurement shall be from the future street right-of-way line. 60139.00122\34746987.3
27 “Yard, rear” means a yard extending the full width of the lot between the rear lot line and a line parallel thereto. For through lots, if a future street right-of-way has been established, such measurement shall be from the future street right-of-way line.
“Yard, side” means a yard between the side lot line and a line parallel thereto and extending from the front yard to the rear yard.
“Zero lot line” means the location of a building on a lot in such a manner that one or more of the building’s sides rest directly on a lot line.
“Zoning Administrator” means the Director of the City and shall include his or her deputies. (Ord. 591 § 2, 2021; Ord. 572 § 2, 2020; Ord. 566 § 3, 2019)
Section 13.08.020 is revised to read as follows:
13.08.020 Projects requiring development review.
A. An application for development review is required and the Director is authorized to grant a development review permit involving the issuance of a building permit for construction or reconstruction of a structure which meets any of the following criteria:
1. New commercial, industrial, institutional, or residential construction on vacant property.
2. One or more structural additions or new buildings involving commercial, industrial, institutional, or multiple family residential uses, with a total floor area of 2,500 square feet or more.
3. Reconstruction or alteration of existing commercial, industrial, institutional, or residential buildings on sites when the alteration significantly affects the exterior appearance of the building or traffic circulation of the site. Exceptions are maintenance or improvement of landscaping, parking, exterior re-painting or other common building and property maintenance activities.
B. For detached single-family development, the following shall apply:
1. Development review for detached single-family development shall be required for all major subdivision maps and for development of all property within the hillside overlay district.
C. The Director must set a public hearing for any application for a development review permit for any of the following:
1. Multifamily residential project;
2. Single-family resident project requiring a tentative parcel or tentative subdivision map;
3. A commercial or industrial project containing more than 50,000 square feet of building floor area;
4. The conversion of residential, commercial or industrial buildings to condominiums.
D. The requirement for approval of a development review plan may be waived by the Director if the purposes and criteria of these procedures are met by a conditional use permit. A decision on a request for waiver may be appealed as provided by the appeal procedure commencing at Section
13.04.070. (Ord. 572 § 3, 2020; Ord. 568 § 3, 2019; Ord. 566 § 3, 2019) 60139.00122\34746987.3
28 Table 13.10.030A is revised to read as follows:
13.10.030 Residential use regulations.
Uses listed in Table 13.10.030A shall be allowable in one or more of the residential districts as indicated in the columns beneath each residential district heading. Where indicated with the letter “P,” the use shall be a permitted use in that district. Where indicated with the letter “C,” the use shall be a conditional use subject to a conditional use permit in that district. Where indicated with the letters “MC,” the use shall be a conditional use subject to a minor conditional use permit in that district. Where indicated with a dash “—,” or if a use is not specifically listed in Table 13.10.030A and is not subject to the use determination procedure contained in Section 13.04.040, the use shall not be permitted in that district. This section shall not be construed to supersede more restrictive use regulations contained in the conditions, covenants, and restrictions of any property or dwelling units. However, in no case shall uses be permitted beyond those allowable in this section. In the event a given use cannot be categorized in one of the districts by the Director, the use determination procedure outlined in Section 13.04.040 shall be followed.
Table 13.10.030A
Use Regulations for Residential Districts
Use HL R-1 R-1A R-2 R-7 R-14 R-22 R-30
A. Residential Uses
1. Single-family dwellings P P P P — — — —
2. Multifamily dwellings (townhomes and
detached condominiums)
— — — — P P P P
3. Planned residential developments (“PRD”) P P
4. Mobilehome parks (subject to provisions in
Section 13.22.030)
C C C C C C C —
5. Day care home, family P P P P P P P P
6. Residential care facility
Accessory—6 or less P P P P P P P P
Nonaccessory—7 or more — — — C C C C C
7. Boarding house — — — C C C C C
8. Congregate care facilities — — — — C C C C
B. Public and Semipublic Uses
1. Biological habitat preserve P P P P P P P P
2. Cemetery C C C C C C C —
3. Church C C C C C C C C
4. Club, lodge, fraternity and sorority C C C C C C C —
5. Convalescent facility — — — — C C C C
6. Day care center C C C C C C C C
60139.00122\34746987.3
29 Use HL R-1 R-1A R-2 R-7 R-14 R-22 R-30
7. Educational facility (private), excluding
business and trade schools and commercial
schools
C C C C C C C C
8. Dormitory (if accessory to college or
school)
C C C C C C C C
9. Hospital — — — C C C C —
10. Mining, only in conjunction with an
approved development or grading project
C C C C C C C C
11. Outdoor recreation facility C C C C C C C —
12. Public buildings and facilities C C C C C C C C
13. Public park C C C C C C C C
14. Animal kennels, training schools, and
breeding facilities
C C C C — — — —
C. Agricultural Uses (on Lots of Two and One-Half Acres or More)
1. Animal care facility C C C
2. Apiary (subject to Section 13.10.030(F)) P P P P P P P —
3. Farms for orchards, trees, field crops, truck
gardening, flowering gardening, and other
similar enterprises carried on in the general
field of agriculture. Includes accessory
retail sale of products raised on property,
excluding retail nursery
P P P P P P P —
4. Raising, grazing, breeding, boarding or
training of large or small animals: except
concentrated lot feeding and commercial
poultry and rabbit raising enterprises,
subject to provisions of Table 13.10.030(B)
P P P P P P P —
5. Wholesale distributor and processing of
nursery plant stock and retail nursery
where incidental and contiguous to nursery
stock propagation and/or wholesale
distributor. Outdoor storage and display
prohibited except for nursery plant stock
C C C C C C C —
6. Stable, commercial C C
D. Accessory Uses in Conjunction With a Permitted Principal Use on the Same Site
1. Animal keeping, accessory to a permitted
use (Section 13.10.030(F)(2))
60139.00122\34746987.3
30 Use HL R-1 R-1A R-2 R-7 R-14 R-22 R-30
a. Dogs and cats over four months old (not
exceeding four cats and/or dogs
combined)
P P P P P P P P
b. Exotic or wild animals C C C C C C C —
c. Other pets (pursuant to Table
13.10.030(B))
P P P P P P P P
2. Antenna (pursuant to Section 13.34.070) P P P P P P P P
3. Accessory structure (see special
requirements per Section 13.10.050)
a. Multifamily residential — — — — P P P P
b. Single-family residential
i. Maximum 50% of living area of
primary residence
P P P P P C C —
ii. Greater than 50% of living area of
primary residence
MC MC MC MC MC MC MC —
4. Historic structures, uses in C C C C C C C C
5. Home occupation (see Section 13.06.060) P P P P P P P P
6. Other accessory uses, as determined by the
Director
P P P P P P P P
7. Private garage P P P P P P P P
8. Private swimming pool, tennis court and
similar recreation facilities
P P P P P P P P
9. Accessory dwelling unit and junior
accessory dwelling unit (subject to Section
13.10.045)
P P P P P P P P
10. Stable, private (subject to Section
13.10.030(F))
P P P
E. Temporary Uses
1. Temporary uses as prescribed in Section
13.06.070 and subject to those provisions
P P P P P P P P
2. Temporary trailers for use in conjunction
with institutional and agricultural uses for a
specified interim period
MC MC MC MC MC MC MC MC
Table 13.10.040E is revised to read as follows:
60139.00122\34746987.3
31 13.10.040 Site development criteria.
E. Planned Residential Developments. Planned Residential Developments are created by approval of a tentative map or tentative parcel map and are subject to all development requirements of the applicable zone, except as modified in Table 13.10.040E.
Table 13.10.040E
Development Standards for Residential Lots Within a Planned Residential Development
R-7 R-14
1. Minimum Net Lot Area 1(in square feet) none none
2. Minimum Lot Dimensions (width/depth) (feet) none none
3. Maximum Lot Coverage 55% 60%
4. Minimum Setbacks2 (in feet)
Front 10 10
Exterior side yard 5 5
Interior side yard 5 5
Rear 10 10
Notes:
1 Flag lots are prohibited within a planned residential development. 2 For new PRDs, a minimum 10-foot setback shall apply along all property lines.
Section 13.10.050 is revised to read as follows:
13.10.050 Special development criteria.
The special development criteria set forth in this section are intended to provide minimum standards for residential development.
A. Attached and Detached Residential Accessory Structures.
1. Attached and detached residential accessory structures which require a building permit (including, but not limited to, unenclosed patio covers, cabanas, garages, carports, and storage buildings) may encroach in a required interior side yard or rear yard, except as required in Table 13.10.040A, subject to the following limitations:
a. Height. The maximum height for accessory structures is 16 feet (one story). b. Rear Yard Setback. Attached and detached residential accessory structures or additions may be located four feet from the rear property line, excluding eave overhang. c. Side Yard Setback. Attached or detached residential accessory structures may be located four feet from the side interior property line, excluding eave overhang. Attached and detached residential accessory structures may not encroach into required exterior side yard setbacks.
60139.00122\34746987.3
32 d. Front Yard and Corner Side Yard. No detached residential accessory structure shall be placed in front of the main structure.
e. Size. The maximum allowable gross floor area for all detached residential accessory structures in conjunction with an existing single-family residence shall not exceed 50% of the living area of the primary residence. A 400-square-foot detached garage is permitted in all cases if a garage does not currently exist on site. f. Additional Standards for Accessory Structures. The following items may be allowed in an accessory structure, such as a garage, workshop, cabana, or similar structure, with recording of a City-approved deed restriction:
i. Wet bar/kitchen.
ii. Wash basin (sink and drain).
iii. Bathroom.
2. Sea cargo containers are prohibited.
B. Projections into Yards.
1. Eaves, roof projections, awnings, and similar architectural features may project into required yards a maximum distance of two feet, provided such appendages are supported only at, or behind, the building setback line.
2. Fireplace chimneys, bay windows, balconies, fire escapes, exterior stairs and landings and similar architectural features and equipment for pools and air conditioning may project into required yards a maximum distance of two feet, provided such features shall be at least three feet from a property line. Equipment must be screened with materials and colors that blend with the building design.
3. Uncovered decks, platforms, uncovered porches, and landing places which do not extend above the first floor level of the main building and are not at any point more than 32 inches above grade, may project into any front or corner side yard a maximum distance of 10 feet, and project into any rear or interior side yard up to the property line. Where not extending above the first floor level but where greater than 32 inches above grade, must be at least five feet from all side property lines and 10 feet from the rear and front property lines.
4. Projections Over a Slope. If a structure is constructed such that it projects over a slope, and the structure is visible from a public street, the underside of the structure shall either be enclosed or landscaping shall be provided to screen the structure from public view to the satisfaction of the Director.
5. Two-story additions may encroach a maximum of five feet into the required rear yard setback if the Director determines that the encroachment is necessary for a continuation and extension of the architectural design, style, and function of the structure.
C. Projections Above Height Limits. Except as provided for in Chapter 13.34, flues, chimneys, antennas, elevators, other mechanical equipment, utility, and mechanical features may exceed the height limit of the base district in Table 13.10.040A by no more than 15 feet, provided such feature shall not be used for habitable space and appropriate screening is provided as determined by the Director. Architectural appurtenances to churches and other religious institutions involving a steeple, or cross combination thereof, and clock towers, may exceed the maximum height of the 60139.00122\34746987.3
33 base district if it is determined through the development review permit or conditional use permit process that architectural compatibility and appropriate building scale are achieved and maintained.
D. Variable Front Yard Provisions. Front setbacks required by the base district may be averaged on the interior lots within a new single-family detached or detached condominium subdivision.
Additions to single-family homes in established residential subdivisions shall be allowed to build to the pre-established front yard setback of the subdivision without the need for a variance.
E. Fences, Walls and Hedges. The following provisions regarding fences, walls and hedges shall apply to all residential districts.
1. Fences, walls, hedges, or similar view obstructing structures or plant growth that reduce visibility and the safe ingress and egress of vehicles or pedestrians shall not exceed a height of three and one-half feet in the front yard. A combination of solid and open fences (e.g., wrought iron, chain link, Plexiglas) not exceeding six feet in height may be located in a required front yard or visibility clearance area, provided such fences are constructed with at least 90% of the top two and one-half feet of their vertical surface open, and nonview-obscuring.
2. Fences or walls, not exceeding six feet in height, may be located in a required exterior side yard, rear, or interior side yard. Walls required by the City for noise mitigation may be up to eight feet in height and may be located within the exterior side yard setback or rear setback adjacent to a street. The noise wall shall be designed such that it does not reduce visibility and the safe ingress and egress of vehicles or pedestrians.
3. A visibility clearance area shall be required on lots adjacent to an alley, driveway or street in which nothing shall be erected, placed, planted or allowed to grow exceeding three and onehalf feet in height. Such area shall consist of a triangular area bounded by the alley, driveway, or street right-of-way lines of such lots and a line joining points along said alley, driveway, or street lines from the point of intersection as shown in the Visibility Area diagram below. 60139.00122\34746987.3
34 4. Outdoor recreation court fences not exceeding 12 feet in height shall be located five feet from any rear or side property lines, except when adjacent to outdoor recreation courts on adjacent properties.
5. Barbed wire, concertina wire, or similar security devices are not allowed in residential zones.
6. Walls constructed next to a Mobility Element Street shall be constructed with decorative materials to the satisfaction of the Director. Anti-graffiti surfaces shall be provided pursuant to Chapter 7.16.
F. Swimming Pools, Spas and Recreational Courts.
1. Swimming pools, spas, tennis courts, basketball courts, or similar paved outdoor recreational courts, shall not be located in any required front yard, and shall be located no closer than three feet from any rear, side or corner side property line.
2. Outdoor lighting poles and fixtures are permitted not to exceed 12 feet in height. Any such lighting shall be designed to project light downward and shall not create glare on adjacent properties.
G. Mobile Home Parks. For mobile home park development provisions, refer to Chapter 13.22.
H. Use of Required Yards.
1. Street Yards. Except as otherwise permitted, a street yard shall be used only for landscaping, pedestrian walkways, driveways, or off-street parking.
2. Rear and Interior Side Yards. Except as otherwise permitted, these yards shall be used only for landscaping, pedestrian walkways, driveways, off-street parking or loading, recreational activities or similar accessory activities.
I. Lights. All public parking areas shall be adequately lighted. All lighting shall be designed and adjusted to reflect light away from any road or street, and away from any adjoining premises. All lights and illuminated signs shall be shielded or directed so as to not cause glare on adjacent properties or to motorists. (Ord. 591 § 2, 2021; Ord. 566 § 3, 2019)
Table 13.12.040A and Table 13.12.040B are revised to read as follows:
13.12.040 Site development criteria.
The site development criteria set forth in this section are intended to provide minimum standards for the development and use of land within the commercial/office districts. These site development criteria should be used in conjunction with the design guidelines which are set forth in Section 13.08.070. Use of the design guidelines in conjunction with these criteria will assist the designer in determining the best design for any given development project.
A. Site Dimensions and Height Limitations. Table 13.12.040A sets forth the minimum lot dimensions and height limitations. The creation of new lots within these zones shall conform to these minimum dimensions, except in the case of condominium lots or lots within a shopping center, in which case, no minimums are established. This exception is only applicable when the sites in question are being developed as one integrated development and appropriate measures are taken to insure reciprocal access, parking and maintenance.
60139.00122\34746987.3
35 B. Setbacks. Table 13.12.040B sets forth the minimum setbacks for buildings and parking facilities, as well as the amount of the setbacks to be landscaped. These provisions apply equally to each of the three commercial districts.
Table 13.12.040A
Site Dimensions and Height Limitations
Feature OP Standard NC GC
1. Minimum lot width1 70 feet 300 feet 150 feet
2. Height limitations
a. Building within 50 feet of a residential district 25 feet 25 feet 25 feet b. Other locations 40 feet2 40 feet2 40 feet2
Notes:
1 Parcels created within shopping centers are exempt from these standards, as long as a conceptual development plan for the entire center has been developed and appropriate easements for reciprocal access, parking and maintenance is provided. 2 Proposals for development exceeding this height shall require the approval of a conditional use permit.
Table 13.12.040B
Setbacks
Standard
Yard Building Parking Landscaping
1. Street yard setback (measured from the ultimate right-ofway):
a. All streets 10 feet 10 feet Entire front setback
2. Rear property line setback:
a. Adjacent to residential zone 20 feet 10 feet 10 feet b. Adjacent to commercial or industrial zone 5 feet2 0 feet 0 feet
3. Interior side property line setback:
a. Adjacent to residential zone 20 feet 10 feet 10 feet b. Adjacent to commercial or industrial zones 5 feet2 5 feet1 5 feet1 Notes:
1 Unless specifically waived by the Director.
2 The five-foot rear property line and interior property line setbacks adjacent to commercial or industrial zones may be waived by the Director on two adjacent developments that share a common wall on the property line between the two lots if a five-foot easement from the adjoining property owner has been acquired to ensure adequate maintenance of the proposed building.
60139.00122\34746987.3
36 C. Energy Conservation. All new commercial buildings shall meet or exceed California Green Building Standards Tier 2 Voluntary Measures and shall utilize high-efficiency equipment and fixtures consistent with California Code of Regulations, Title 24 (“Title 24”) energy standards.
1. Cool Roofs. New commercial buildings shall be installed with cool roofs and designed as required by Title 24.
2. Photovoltaic Solar System. New commercial buildings shall be installed with at least 1.5 watt (W) photovoltaic system per square foot of building area. (Ord. 591 § 2, 2021; Ord. 566 § 3, 2019)
Section 13.14.030 and Table 13.14.030A are revised to read as follows:
13.14.030 Industrial use regulations.
Uses listed in Table 13.14.030A shall be allowable in one or more of the industrial districts as indicated in the columns beneath each industrial district. Where indicated with the letter “P,” the use shall be a permitted use in that district. Where indicated with the letter “C,” the use shall be a conditional use subject to the conditional use permit process in that district. Where indicated with the letters “MC,” the use shall be a conditional use subject to a minor conditional use permit in that district. Where indicated with a dash “—,” or if the use is not specifically listed in Table 13.14.030A and is not subject to the use determination procedure contained in Section 13.04.040, the use shall not be permitted in that district.
This section shall not be construed to supersede more restrictive use regulations contained in the conditions, covenants, and restrictions of any property. However, in no case shall uses be permitted beyond those allowable in this section. In the event a given use cannot be categorized in one of the districts by the Director, the use determination procedure outlined in Section 13.04.040 shall be followed.
Table 13.14.030A
Use Regulations for Industrial Districts
Uses IL IG
A. Industrial Uses
1. Manufacturing, compounding, assembly or treatment of articles or merchandise from the following previously prepared typical materials such as, but not limited to, canvas, cellophane, cloth, cork, felt, fiber, fur, glass, leather, paper (no milling), precious or semiprecious stones, metals, plaster, plastic, shells, textiles, tobacco, wood and yarns; novelty items (not including firework or other explosive type items), electrical appliances, motors and devices; radio, television, phonograph and computers; electronic precision instruments; medical and dental instruments; timing and measuring instruments; audio machinery; visual machinery; cosmetics, drugs, perfumes, toiletries and soap (not including refining or rendering of fats or oils)
P P
2. Bottling plants P P
3. Building materials manufacturing, subject to the provisions — P
4. Cement products manufacturing — P
5. Fruit or vegetable packing houses C P
60139.00122\34746987.3
37 Uses IL IG
6. Fruit or vegetable products manufacturing, including frozen foods C P
7. Furniture upholstering P P
8. Hazardous waste treatment facility — C
9. Laboratories (chemical, dental, electrical, optical, mechanical and medical) P P
10. Mining C C
11. Rubber and metal stamp manufacturing P P
12. Renewable Energy Storage Facility, subject to provisions of Section 13.14.030(L) __ C B. Storage Trades
1. Contractors yards, subject to the provisions of Section 13.14.030(G) — MC
2. Contractor (all storage of material, equipment within an enclosed building) P P
3. Equipment sales/rental yards P P
4. Fleet storage MC MC
5. General warehousing/wholesale and distribution P P
6. Mini storage, public storage C C
7. Trailer, truck or bus terminal — C
8. Vehicle storage yard — MC
9. Recreational vehicle storage facility MC MC
C. Services
1. Administrative, executive, real estate, and/or research offices P P
2. Animal care facility
a. Completely within an enclosed building P P
b. With exterior kennels, pens or runs C C
3. Appliance repair and incidental sales (including, but not limited to, small household appliances, computers and vending machines, and provided all work activities and storage occurs entirely within an enclosed building)
P —
4. Athletic or health clubs, indoor MC —
5. Auction house (conducted completely within an enclosed building and subject to the provisions contained in Title 4 of this code)
P P
6. Automotive services, including automobiles, trucks, motorcycles, boats, mopeds, recreational vehicles, or other small vehicles as determined by the Director. All vehicles shall be stored on-site and shall not occupy any required parking space, access aisle or landscape area a. Sales C MC
b. Rentals C MC
c. Repairs (major engine work, muffler shops, painting, body work and upholstery) completely indoors
P P
60139.00122\34746987.3
38 Uses IL IG
d. Washing (coin and automatic) P P
e. Service or gasoline dispensing stations including mini-marts with or without alcoholic beverage sales, accessory car washes, and/or minor repair services as accessory to the gasoline sales C C
7. Barber or beauty shops P —
8. Blueprinting and photocopying P P
9. Catering establishments (excluding mobile catering trucks. See Fleet Storage) P —
10. Collection facility, large
a. Indoor P P
b. Outdoor C C
11. Collection facility, small P P
12. Dance, gymnastics, martial arts, or fitness / sports school or studio - indoor P P
13. Distributors showrooms P P
14. Food and beverage sales or service
a. Cocktail lounge, bar or tavern
i. Not within a restaurant and with or without entertainment, other than adult related C — ii. Accessory to a restaurant or a coffee shop, and without entertainment P — b. Nightclubs or dance halls, not including adult related entertainment C — c. Snack bars, delicatessens, or refreshment stands, accessory to a business complex P P d. Fast food restaurants with drive-in or drive-through service — — e. Restaurants or coffee shops, other than fast food
i. With entertainment or dancing, other than adult related, and/or serving of alcoholic beverages P — ii. Without entertainment or dancing and with or without alcoholic beverage sales P — f. Clubs and lodges serving alcoholic beverages C —
15. Helipad without maintenance facilities — C
16. Home improvement centers
a. Material stored and sold within enclosed buildings P P b. Outdoor storage of material such as lumber and building materials, subject to the provisions contained in Section 13.14.030(G)(2)
MC P
17. Interior decorating service P P
18. Janitorial services and/or supplies P —
19. Locksmith shop P P
20. Micro-brewery, with or without tasting room and/or food service P P
21. Motels, hotels, and/or convention centers C C
22. Music or recording studio P —
60139.00122\34746987.3
39 Uses IL IG
23. Newspaper publishing, printing and distribution, general printing, and lithography P P
24. Nurseries, excluding horticultural nurseries, and garden supply stores provided all equipment, supplies and materials are kept within an enclosed building or fully screened enclosure and fertilizer of any type is stored in package form only
P —
25. Parcel delivery service (excluding truck terminals) P P
26. Pest control service P P
27. Pistol, rifle or archery range (indoor only) P P
28. Photography studio or video production P P
29. Retail sales of products produced, wholesaled, or manufactured on the premises commercial when in conjunction with a permitted or conditional use not occupying more than 25% of the gross floor area P P
30. Rug cleaning and repair P P
31. School, business or trade P —
32. Swimming pool sales and supplies P —
33. Tattoo parlor and/or body piercing salon P —
34. Tire re-treading and recapping — P
35. Tobacco paraphernalia business — MC
36. Welding shop P P
D. Public and Semi-Public Uses
1. Ambulance services C C
2. Biological habitat preserve (unless approved by another entitlement) P P
3. Clubs and lodges, including YMCA, YWCA, and similar group uses without alcoholic beverage sales. (Clubs and lodges serving or selling alcoholic beverages shall comply with Section 13.14.030(C)(15) of this table)
MC —
4. Day care center C —
5. Detention facility — —
6. Educational facility, excluding business and trade schools and commercial schools C C
7. Emergency shelter (subject to the provisions of Section 13.14.030(K)) — P
8. Parks and recreation facilities, public or private C —
9. Post offices and postal terminals C C
10. Public buildings and facilities C C
11. Religious institutions C C
12. Solid waste recycling and transfer facility — C
E. Accessory Uses
1. Auxiliary structures and accessory uses customarily incidental to an otherwise permitted use and located on the same site
P P
60139.00122\34746987.3
40 Uses IL IG
2. Caretakers residence only when incidental to and on the same site as a permitted or conditional use P P
3. Incidental services for employees on a site occupied by a permitted or conditional use, including day care, recreational facilities, showers and locker rooms and eating places P P
4. Overnight parking of vehicles used regularly in the business, provided all required parking spaces are available for use during business hours
P P
5. Outdoor storage (subject to the provisions contained in Section 13.14.030(G)(2)) MC MC F. Temporary Uses
1. Temporary uses as prescribed in Section 13.06.070 and subject to those provisions P P G. Outdoor Uses.
1. All uses and activities shall be conducted completely within an enclosed building with the exception of outdoor storage, which is a permitted use subject to the provisions of subdivision (2) of this subsection. The following uses and activities may be permitted to operate outdoors, within their respective districts and subject to any required reviews and permits pursuant to this code.
a. Mining;
b. Building materials and lumber storage yards and/or contractors yards; c. Building materials manufacturing;
d. Building equipment storage, sales, rentals;
e. Automobile fleet storage;
f. Trailer, truck or bus terminal;
g. Recreational vehicle storage yard;
h. Automobile sales, rentals, or washes;
i. Gasoline service stations;
j. Boat and camper sales;
k. Agricultural uses;
l. Outdoor recreation facilities;
m. Outdoor eating areas (subject to a minor conditional use permit). For accessory eating areas in conjunction with a food establishment that features takeout services, see subsection J of this section;
n. Telecommunication facilities (See Chapter 13.34);
o. Satellite dish antennas (See Chapter 13.34);
p. Other activities and uses similar to those above as determined by the Director.
2. Outdoor Storage. The outdoor storage of materials accessory to a permitted or conditionally permitted use occupying the subject site shall obtain any necessary permits and comply with the following standards:
60139.00122\34746987.3
41 a. All outdoor storage which faces and is visible from a mobility element street or an exterior public street to the industrial subdivision, or which abuts property used for residential purposes, shall be enclosed with a solid decorative concrete, masonry, wood frame and stucco, or decorative block walls at least six feet high. In all other cases the outdoor storage shall be screened with material which is 100% view obscuring. The type and design of the screening material is subject to the approval of the Director. All gates provided for ingress and egress in any required fence or wall shall be at least six feet in height and shall be of view-obscuring construction, compatible with the fence or wall design.
b. Stored materials shall be stacked in outdoor storage areas to a height no greater than that of any building, wall, fence, or gate enclosing the storage area and shall not be visible from a public street.
c. No storage shall be permitted in a required setback area or required landscape area. d. No storage shall be permitted in a required parking space or driveway and at no time shall said storage area impede the use of any required parking space or driveway.
Outdoor storage is not allowed within any secured parking area established pursuant to Section 13.14.040(C).
e. The limits of the outdoor storage area shall be clearly defined on the site. f. The outdoor storage shall be limited to materials, products, or equipment used, produced or manufactured on-site by the business requesting the storage. On-site parking of fleet/company vehicles used regularly in the operation of the business, equipment attached to fleet/company vehicles, short-term customer and staff parking, and approved trash enclosures shall not be considered outdoor storage. (See Section 13.14.030(B)(4) for fleet storage.)
H. The following shall be used in the review of prefabricated structures:
1. The use of prefabricated structures shall be compatible with surrounding uses.
2. The design of the prefabricated structures shall be compatible with and complimentary to existing structures on the site. They must conform to all standards, goals and objectives of the Santee zoning ordinance and General Plan and have adequate public facilities available.
3. Adequate screening from adjacent residential areas and public streets shall be provided.
4. A permanent foundation system shall be provided, unless otherwise approved.
5. Handicap access shall be provided, unless otherwise approved.
I. Conversion of Residential Structures. No structure originally designed as a residence (including hotels and motels), or as an auxiliary structure or addition to a residence, shall be used for any industrial uses unless the building and site are improved to meet all code requirements for such a development. This includes, but is not limited to, building code requirements, fire code requirements and the zoning code requirements. A resident may convert up to 50% of the gross floor area of the existing residence for business purposes and continue to reside in the residence, provided the resident is also the owner of the business, and subject to the provisions of this chapter. Any expansion of a residence that is legal nonconforming shall comply with Section 13.04.110(F) of this 60139.00122\34746987.3
42 title. A conversion may be subject to a conditional use permit, or minor conditional use permit process as required by the base district use regulations contained in Table 13.14.030A.
J. Accessory Eating Areas Permitted. For food establishments which primarily feature takeout service, up to a total of 16 seats are permitted as accessory eating. Food establishments with accessory eating areas will not be considered restaurants for the purpose of determining required parking. In addition, if outdoor eating is provided as an accessory use, it will not be considered an expansion of the use for determining parking needs. The seating may be provided indoors or outdoors. The provisions of this subsection do not apply to drive-through fast-food restaurants. The following performance standards shall apply to outdoor eating:
1. The outdoor eating area shall be arranged in such a way that it does not create a hazard to pedestrians or encroach on a required building exit.
2. The outdoor eating area cannot be located in any driveway, parking space, landscaped area or required setback.
3. The outdoor eating area must be maintained so that it is not unsightly and does not create a condition that is detrimental to the appearance of the premises or surrounding property.
4. Signage may not be placed on the outdoor furniture or umbrellas which advertises the business, service or use, or any product unless otherwise permitted by the sign ordinance.
5. Handicapped access shall be provided.
K. Emergency shelters are permitted on North Woodside Avenue, on the following assessor parcel numbers, subject to a nondiscretionary development review permit pursuant to Government Code Section 65583(a)(4), 381-170-64-00, 381-170-25-00, 381-170-28-00, 381-170-54-00, 381-170-53- 00, 381-170-46-00, 381-170-61-00, 381-170-62-00 or any subsequent APN for these specific sites, subject to compliance with the following:
1. An emergency shelter shall not be located within 300 feet of another shelter, pursuant to Government Code Section 65583(a)(4) (A)(v).
2. The agency or organization operating the shelter shall submit a facility management plan containing facility information, including the number of persons who can be served nightly, the size and location of onsite waiting and intake areas, the provision of onsite management, exterior lighting details, and onsite security during hours of operation, as established in Government Code Section 65583(a)(4)(A). (Ord. 591 § 2, 2021; Ord. 566 § 3, 2019) L. Renewable Energy Storage Facility. A Renewable Energy Storage Facility is defined as a structure incorporating machinery or equipment, designed to store renewable energy. The following standards shall apply:
1. All equipment and all storage areas shall be located within an enclosed building.
2. Decorative fences and/or walls, trees and other forms of landscaping shall be used to minimize visibility of structures.
3. All structures shall incorporate architectural elements that visually enhance surrounding development.
4. Service areas and parking areas shall be buffered from adjacent development that is not of a similar nature by setbacks, landscaping, fences, and/or walls. 5. Facilities shall comply with the performance standards in Section 13.30.030.
60139.00122\34746987.3
43 Table 13.14.040A and Table 13.14.040B are revised to read as follows:
13.14.040 Site development criteria.
The site development criteria set forth in this section are intended to provide minimum standards for the development and use of land within the industrial districts. These site development criteria should be used in conjunction with the design guidelines which are set forth in Section 13.08.070. Use of the design guidelines in conjunction with these criteria will assist the designer in determining the best design for any given development project.
A. General Requirements. Table 13.14.040A sets forth the minimum lot dimensions, height limitations and setbacks. The creation of new lots within these zones shall conform to these minimum dimensions, except in the case of condominium lots, in which case no minimums are established. This exception is only applicable when the sites in question are being developed as one integrated development and appropriate measures are taken to insure reciprocal access, parking and maintenance.
B. Setbacks. Table 13.14.040B sets forth the minimum setbacks for buildings and parking facilities, as well as the amount of the setbacks to be landscaped. These provisions apply equally to each of the two industrial districts.
Table 13.14.040A
Site Dimensions and Height Limitations
Standard
Feature IL IG
1. Minimum site/lot area 20,000 sq. ft. 40,000 sq. ft.
2. Minimum lot width 100 ft 150 feet
3. Height limitations
a. Building within 50 feet of a residential
zone
25 feet 25 feet
b. Other locations 40 feet1 40 feet1
Note:
1 Proposals for development exceeding this height shall require the approval of a conditional use permit.
Table 13.14.040B
Setbacks
Standard
Yard Building Parking Landscaping
1. Street yard setback (measured from the ultimate right-of-way) a. All streets 15 feet 10 feet Entire front setback
2. Rear property line setback
60139.00122\34746987.3
44 a. Adjacent to residential zone 25 feet 10 feet 10 feet b. Adjacent to commercial or industrial zone 5 feet2 0 feet 0 feet
3. Interior side property line setback:
a. Adjacent to residential zone 25 feet 10 feet 10 feet b. Adjacent to commercial or industrial zone 5 feet2 5 feet1 5 feet1 Notes:
1 Unless specifically waived by the Director.
2 The five-foot rear property line and interior property line setbacks adjacent to commercial or industrial zones may be waived by the Director on two adjacent developments that share a common wall on the property line between the two lots if a five-foot easement from the adjoining property owner has been acquired to ensure adequate maintenance of the proposed building.
C. Security Fencing. Parking area may be enclosed by an ornamental iron or wrought iron fence for security purposes, subject to the approval of a minor development review permit by the Director and the following:
1. Gates must be rolling type, unless otherwise approved by the Director. The parking lot is to remain accessible during business hours.
2. No barbed wire, razor wire, concertina wires or similar devices shall be placed on the fence. An outward curving top is recommended for ornamental iron or wrought iron fences to restrict access.
3. On multi-tenant buildings or developments, a single common fenced area will be provided.
4. The fence height shall not exceed six feet in the front yard, exterior side yard, or visibility clearance area and eight feet in the rear or interior side yard setback. The fence shall be constructed of decorative metal and shall be nonview obscuring.
5. Fencing shall not obstruct vehicular or pedestrian circulation and shall not eliminate landscaped areas or materials. All gates must be equipped with a Knox-type security device to allow emergency vehicles access at all times. Fencing and gates for secured parking areas shall not adversely impact traffic circulation on surrounding streets.
6. The property owner shall record a deed restriction, prepared to the satisfaction of the Director, acknowledging that the fenced areas shall not be used for outdoor storage.
7. All fencing shall comply with the requirements of the Uniform Building Code.
D. Energy Conservation. All new commercial and industrial buildings shall meet or exceed California Green Building Standards Tier 2 Voluntary Measures and shall utilize high-efficiency equipment and fixtures consistent with the California Code of Regulations, Title 24 (“Title 24”) energy conservation standards.
1. Cool Roofs. All new commercial and industrial buildings shall be installed with cool roofs and designed as required by Title 24.
2. Photovoltaic Solar System. New commercial and industrial buildings shall be installed with at least 1.5 watt (W) photovoltaic system per square foot of building area. (Ord. 591 § 2, 2021; Ord. 566 § 3, 2019)
60139.00122\34746987.3
45 Table 13.16.020A is revised to read as follows:
13.16.020 Park/open space use regulations.
A. Uses listed in Table 13.16.020A shall be allowable. Where indicated with the letter “P,” the use shall be a permitted use. Where indicated with the letter “C,” the use shall be a conditional use subject to the conditional use permit. Where indicated with the letters “MC,” the use shall be subject to a minor condition use permit. Where indicated with a dash “—,” or if the use is not specifically listed in Table 13.16.020A, the use shall not be permitted. This section shall not be construed to supersede more restrictive use regulations contained in the conditions, covenants and restrictions of any property. However, in no case shall uses be permitted beyond those allowable in this section. In the event a given use cannot be categorized in one of the districts by the Director, the procedure outlined in Section 13.04.040, Use determination, shall be followed.
Table 13.16.020A
Use Regulations
Use P/OS District
1. Residential Uses
a. Single-family dwelling (not to exceed an average density of one unit per 40 acres)1 P b. Single-family attached —
c. Multiple-family dwellings —
d. Day care home, family P
2. Caretaker quarters (accessory to a permitted use)1 P
3. Home occupations (pursuant to Section 13.06.060(A)) P
4. Auxiliary structures such as detached garages, carports, cabanas, barns, storage sheds, corrals2
P
5. Agricultural uses
a. Row crops, truck gardens C
b. Plant storage or propagation C
c. Orchards, vineyards, Christmas and other tree farms C d. Community gardens C
e. Greenhouses C
f. Livestock grazing, breeding (no feed lots) C
g. Hydroponic culture C
h. On-site sales of products grown onsite C
6. Cemeteries, crematories, mausoleums, columbariums, and related uses C
7. Biological habitat preserves (unless otherwise approved by other entitlement) P 60139.00122\34746987.3
46 8. Facilities for stormwater detention or water quality P
9. Flood control structures and facilities P
10. Recreational uses
a. Parks, picnic areas, playgrounds C
b. Hiking, biking, equestrian trails P
c. Greenway P
d. Golf course C
e. Riding schools (equestrian) C
f. Commercial stable C
g. Country club and related uses C
11. Public buildings and facilities C
Notes:
1 Development review permit required.
2 Development review permit required if structure size exceeds 1,000 square feet.
Table 13.19.030A is revised to read as follows:
13.19.030 Use regulations and general requirements.
A. Allowable uses and development standards in each planned development district shall be as established through a development review permit pursuant to and consistent with the guidelines contained in Section 5.5, Areas for Special Study, within the land use element of the General Plan for each respective planned development designated property.
B. In addition to those uses allowed pursuant to subsection A, Table 13.19.030A establishes additional permitted and conditionally permitted uses within the planned development district.
Uses listed in Table 13.19.030A shall be allowable. Where indicated with the letter “P,” the use shall be a permitted use. Where indicated with the letter “C,” the use shall be a conditional use subject to the conditional use permit. Where indicated with the letters “MC,” the use shall be subject to a minor condition use permit. Where indicated with a dash “—,” or if the use is not specifically listed in Table 13.19.030A, the use shall not be permitted. This section shall not be construed to supersede more restrictive use regulations contained in the conditions, covenants and restrictions of any property. However, in no case shall uses be permitted beyond those allowable in this section. In the event a given use cannot be categorized in one of the districts by the Director, the procedure outlined in Section 13.04.040, Use determination, shall be followed. The Director may approve auxiliary uses and structures, and agricultural uses involving no improvements, under the development review process.
Table 13.19.030A
Use Regulations for Planned Development District
60139.00122\34746987.3
47 Use PD District
1. Residential uses1
a. Single-family dwelling (not to exceed an average density of one unit per 40 acres) P b. Single-family attached P
c. Multiple-family dwellings P
d. Day care home, family P
2. Caretaker quarters (accessory to a permitted use)2 P
3. Home occupations (pursuant to Section 13.06.060(A)) P
4. Auxiliary structures such as detached garages, carports, cabanas, barns, storage sheds, corrals2 P
5. Agricultural uses
a. Row crops, truck gardens C
b. Plant storage or propagation C
c. Orchards, vineyards, Christmas and other tree farms C d. Community gardens C
e. Greenhouses C
f. Livestock grazing, breeding (no feed lots) C
g. Hydroponic culture C
h. On-site sales of products grown on site C
6. Biological habitat preserves (unless otherwise approved by other entitlement) P
7. Recreational uses
a. Parks, picnic areas, playgrounds C
b. Hiking, biking, equestrian trails P
c. Greenway P
d. Riding schools (equestrian) C
e. Commercial stable C
8. Flood control structures and facilities P
9. Facilities for stormwater detention or water quality
10. Public buildings and facilities C
Notes:
1 Development review permit required.
2 Development review permit required if structure size exceeds 1,000 square feet.
Table 13.21.030A is revised to read as follows:
13.21.030 Use regulations.
60139.00122\34746987.3
48 All uses allowed in the R-2 base district pursuant to Table 13.10.030A are allowed in the R-B district. In addition, uses listed in Table 13.21.030A shall be allowed as indicated in the column beneath the residential business district heading. Where indicated with the letter “P,” the use shall be a permitted use in that district. Where indicated with the letter “C,” the use shall be a conditional use subject to a conditional use permit in that district. Where indicated with the letters “MC,” the use shall be a conditional use subject to a minor conditional use permit in that district. Where indicated with a dash “— ,” or if a use is not specifically listed in Table 13.21.030A and is not subject to the use determination procedure contained in Section 13.04.040, the use shall not be permitted in that district. This section shall not be construed to supersede more restrictive use regulations contained in the conditions, covenants and restrictions of any property or dwelling units. However, in no case shall uses be permitted beyond those allowable in this section. In the event a given use cannot be categorized in one of the districts by the Director, the use determination procedure outlined in Section 13.04.040 shall be followed.
Table 13.21.030A
Use Regulations for Residential Business District
Use R-B District
A. Office and Related Uses
1. Administrative and executive offices P
2. Clerical and professional offices P
3. Financial services P
4. Medical, dental, and related professional offices P
B. Commercial Uses
1. Appliance repair P
2. Bike repair P
3. Blueprint and photocopy services P
4. Contractor, office only P
5. Furniture repair and upholstery P
6. Interior decorating service P
7. Janitorial services, office only P
8. Locksmith shop P
9. Pet grooming services P
10. Photography studio or video production P
11. Printing and publishing P
12. Shoe repair P
13. Stamp and coin shop P
14. Tailor or seamstress P
60139.00122\34746987.3
49 15. Taxidermist P
16. Television, radio, computer repair P
17. Travel agency P
18. Small collection facility P
C. Residential
1. All uses allowed in the R-2 base district (SMC Table 13.10.030A) P (Ord. 566 § 3, 2019)
Section 13.24.030 is revised to read as follows:
13.24.030 Design standards.
Design standards are established by this section to set basic minimum dimensions and guidelines for design, construction and maintenance of parking within both the residential, commercial and industrial districts.
A. General. The following standards shall apply to the residential, commercial and industrial districts.
1. Stall Size. Each parking space shall consist of a rectangular area not less than nine feet wide by 19 feet long. Parallel spaces shall be a minimum of nine feet wide by 25 feet long. All parking spaces should have a vertical clearance of not less than seven and one-half feet.
Parking spaces may overhang adjacent landscape areas up to a maximum of two and one-half feet, provided the overhang does not extend into any required landscape setback area.
2. All provisions for handicapped spaces shall conform to State law.
3. Paving. Parking and loading facilities shall be surfaced and maintained with asphalt concrete, concrete, or other permanent surface material sufficient to prevent mud, dust, loose material, and other nuisances from the parking or loading facility to the MS4. Where feasible, permeable surfaces, such as permeable concrete or permeable pavers, shall be used for parking lots. Crushed aggregate, rock, dirt or similar types of surfacing shall not be used as a parking or loading facility surface.
4. Drainage. All parking and loading facilities shall be graded and provided with permanent storm drainage facilities. Surfacing, curbing, and drainage improvements shall be sufficient to preclude free flow of water onto adjacent properties or public streets or alleys, and to preclude standing pools of water within the parking facility. Where feasible, infiltration BMPs shall be integrated into the drainage design to reduce the quantity and velocity of stormwater discharging to the MS4 from the parking or loading facility.
5. Safety Features. Parking and loading facilities shall meet the following standards:
a. Safety barriers, protective bumpers or curbing, and directional markers shall be provided to assure pedestrian/vehicular safety, efficient utilization, protection to landscaping, and to prevent encroachment onto adjoining public or private property. b. Visibility of pedestrians, bicyclists and motorists shall be assured when entering individual parking spaces, when circulating within a parking facility, and when entering and exiting a parking facility.
60139.00122\34746987.3
50 c. Internal circulation patterns, and the location and traffic direction of all access drives, shall be designed and maintained in accord with accepted principles of traffic engineering and traffic safety.
6. Lighting. Lights provided to illuminate any parking facility or paved area shall be designed to reflect away from residential uses and motorists. It is the intent to maintain light standards in a low-profile design and to be compatible with the architectural design. Light standards shall not exceed 15 feet in overall height from the finished grade of the parking facility except that light standards up to 25 feet in height may be permitted if it is determined by the Director that the size of the parking area and site design warrant a taller light standard.
Illumination onto adjacent properties shall comply with the performance standards contained in Chapter 13.30 of this title.
7. Noise. Areas used for primary circulation for frequent idling of vehicle engines, or for loading activities shall be designed and located to minimize impacts on adjoining properties, including provisions for screening or sound baffling.
8. Screening. Unenclosed off-street parking areas shall be screened from view from public streets and adjacent more restrictive land uses. Screening may consist of one or any combination of the following methods, upon the approval of the Director:
a. Walls. Low profile walls, three and one-half feet in height, shall consist of stone, brick or similar types of decorative solid masonry materials. b. Planting. Plant materials, when used as a screen, shall consist of compact evergreen plants. They shall be of a kind, or used in such a manner, so as to provide screening, have a minimum height of three and one-half feet, within 18 months after initial installation, or screening as per subdivision (a), (b) or (c) shall be installed. c. Berms. Earthen berm at least three and one-half feet above grade. d. In order to allow police surveillance into parking lots, the screening requirements in subdivisions (a), (b) and (c) above shall be designed to provide for view corridors into the site from adjacent streets and properties to the satisfaction of the Director.
9. Striping. All parking stalls shall be clearly outlined with single lines on the surface of the parking facility or any other permanent space designator (trees, shrubs, etc.) approved by the Director. In all parking facilities all aisles, approach lanes, and maneuvering areas shall be clearly marked with directional arrows and lines to expedite traffic movement.
10. Maneuvering. Parking and maneuvering areas shall be arranged so that any vehicle entering a public right-of-way can do so traveling in a forward direction, except for singlefamily residential districts.
B. Residential.
1. The following design standards shall apply to the residential districts and developments:
a. Each covered off-street parking space in a carport or multi-space common garage shall be a minimum of nine feet in width and 19 feet in depth of unobstructed area provided for parking purposes. The required minimum measurements may not include the exterior walls or supports of the structure.
b. One car garages for single-family or multifamily dwellings shall have a minimum interior dimension of 12 feet in width and 20 feet in depth of unobstructed area provided 60139.00122\34746987.3
51 for parking purposes. In the high density residential (R-22 and R-30 zones), an enclosed single-car garage shall be a minimum of 10 feet in width, 20 feet in length, and provide a minimum vertical clearance of seven and one-half feet.
c. Parking in the urban residential (R-30) zone shall be integrated with the building design such that surface parking is minimized. On-site parking may be provided in private garages, in common parking garages where parking is either at-grade or partially below grade with the building’s use above (example, podium parking), or in separate parking structures on site. Unenclosed surface parking for delivery and visitor parking would be allowed. See subsection (B)(8) for common parking garage standards. d. Two-car garages for single-family or multifamily dwellings shall have a minimum interior dimension of 20 feet in width and 20 feet in depth of unobstructed area provided for parking purposes.
e. Below grade or partially below grade podium style parking is also an acceptable design alternative in the R-14 and R-22 zones.
f. The parking of two vehicles in-line may be counted towards the parking requirements when: (i) both vehicles have independent access to a public or private street or drive aisle; (ii) the development site is located within 0.25 mile of a transit stop; or (iii) when used as a density bonus incentive or concession. This provision does not apply on mobile home park (MHP) overlay zone districts, or to accessory dwelling units or junior accessory dwelling units.
2. Driveways providing access to garages, carports and parking areas serving four or less dwelling units shall be a minimum width of 20 feet. Exceptions may be approved by the Director for individual single-family homes. Where feasible, shared driveways shall be used to reduce impermeable area, and, where feasible, permeable surfaces, such as permeable concrete or permeable pavers, shall be used.
3. Driveways providing access to garages, carports and parking areas serving five or more dwelling units shall be a minimum of 26 feet in width. Where feasible, shared driveways shall be used to reduce impermeable area, and, where feasible, permeable surfaces, such as permeable concrete or permeable pavers, shall be used.
4. Notwithstanding subdivisions 2 and 3 of this subsection, all driveways and access way widths and designs must be approved by the Santee Fire Department for purposes of emergency accessibility.
5. No property owner shall sublease, sublet or otherwise make available to residents of other properties, the off-street parking spaces required by this section.
6. All required covered off-street parking spaces shall be located conveniently accessible to the dwelling unit served by such parking space.
7. Residential developments which provide private streets shall be planned, designed and constructed to meet minimum City engineering and Santee Fire Department requirements for private streets.
8. The following design standards shall apply to parking garages:
a. All parking stalls shall be minimum nine feet in width and 19 feet in depth. b. Storage lockers, when provided, shall not encroach into a parking stall. 60139.00122\34746987.3
52 c. A storage/maintenance room shall be included in the facility. d. High efficiency lighting shall be used in conjunction with daylighting for above grade structures.
e. Elevators and stairwells shall be designed to allow complete visibility for persons entering and exiting.
f. Floor surfaces shall be nonslip surfaces.
g. Security devices shall be installed such as surveillance cameras, audio and emergency call buttons.
h. When mechanical ventilation systems are required, they shall be high efficiency systems and back-up power systems shall be installed.
i. Emerging technologies to meet the needs of users, such as electrical charging stations, shall be installed when appropriate.
j. Points of intersection between pedestrians and vehicles shall be designed for adequate safety of movement; separate paths for the pedestrian from their cars to specific points of destination shall be integrated in the facility. k. Wayfinding signs shall be installed.
C. Commercial, Industrial, Institutional, Community Facilities. The following design standards shall apply to commercial, institutional, and community facility use:
1. Those areas designated for use by motorcycles shall consist of a minimum usable area of 54 square feet.
2. Access driveways. Where feasible, shared driveways shall be used to reduce impermeable area, and, where feasible, permeable surfaces, such as permeable concrete or permeable pavers, shall be used. Access driveways shall provide the minimum widths below unless otherwise approved by the Director.
a. Two-way access driveways shall have a minimum width of 26 feet. b. One-way access driveways shall have a minimum width of 16 feet.
3. Notwithstanding subdivision (2) of this subsection, all driveway and access way widths and designs must be approved by the Santee Fire Department for purposes of emergency accessibility.
D. Parking Lot Striping and Markings. Parking stall striping directional arrows and parking stall identification shall meet the following standards:
1. All parking stalls shall be painted with a single four-inch wide continuous line.
2. All aisles, entrances and exits shall be clearly marked with directional arrows painted on the parking surface.
3. All handicapped parking stalls shall be individually labeled and signed in accordance with Uniform Building Code and California Vehicle Code standards. (Ord. 572 § 5, 2020; Ord. 566 § 3, 2019)
Section 13.24.040 is revised to read as follows:
13.24.040 Parking requirements.
60139.00122\34746987.3
53 The following sections list the minimum amount of parking for each category of uses, special requirements and optional requirements.
A. Residential.
1. Single-Family Detached Dwellings (Conventional). Two parking spaces within a garage.
2. Cluster development (condominium, town home, etc.) semi-detached single-family (zero lot line, patio homes, duplexes, etc.) apartments and mobilehome parks:
a. Studio, one bedroom: one and one-half off-street parking spaces per unit of which one space shall be in a garage or carport. In the R-30 urban residential zone one parking space is required per studio and one-bedroom unit.
b. Two or more bedrooms: two off-street parking spaces per unit of which one space shall be in a garage or carport.
c. In addition to the required number of parking spaces for each unit, one off-street uncovered parking space shall be provided for each four units for visitor parking. For single-family zero lot line, patio homes, and duplexes, on-street parking may be substituted for visitor parking, where sufficient street pavement width and distance between driveways has been provided. In the R-30 zone, urban residential projects shall provide visitor parking at a ratio of one space for each 10 units, and may be unenclosed.
3. Congregate care facilities: as determined by a parking demand study approved by the Director.
B. Nonresidential.
1. Commercial, Retail and Service Uses.
a. Commercial uses in conjunction with the R-30 mixed use overlay shall provide one off-street parking space for each 400 square feet of leasable floor space, and may be unenclosed.
b. Neighborhood and general commercial shopping centers shall provide one off-street parking stall for each 250 square feet of gross floor area for all buildings and/or uses in the center. This shall apply to all commercial centers in the City, unless the delineation of independent uses is provided pursuant to Section 13.24.020. If the delineation of independent uses is known, then the standards listed below shall apply. c. Automobile washing and cleaning establishments, except self-service: 16 parking stalls.
d. Self-service automobile washes: two and one-half for each washing stall. e. Automobile service and gas station: three spaces plus two for each service bay. f. Cemeteries: as specified by conditional use permit.
g. Lumber yards: one for each 250 square feet of gross floor area for retail sales, plus one for each 1,000 square feet of open area devoted to display (partially covered by roof, awning, etc.) or sales.
h. Mortuaries and funeral homes: one parking stall for every 25 square feet or fraction thereof of assembly room or floor area.
i. Motels and hotels: one parking space for each guest unit and two spaces for resident manager or owner, plus one space per 50 square feet of banquet seating area. 60139.00122\34746987.3
54 j. Motor vehicle sales or rentals, recreational vehicle sales or rentals, automotive repair, painting, body work or service: one per 400 square feet of building gross floor area. If there is no building on-site, the parking standard shall be one space per 1,000 square feet of lot area.
k. Trade schools, business colleges and commercial schools: one for each three student-capacity of each classroom plus one for each faculty member or employee.
2. For new or redeveloped shopping centers within one-quarter mile of the Santee Light Rail Transit station, parking space requirements shall be reduced by 10% from the current parking requirements.
3. Commercial Recreation Uses.
a. Bowling alleys: five for each alley.
b. Commercial stables: one accessible space for each five horses boarded on the premises.
c. Driving ranges (golf): one per tee, plus the spaces required for additional uses on the site.
d. Golf courses (regulation course): six per hole plus the spaces required for additional uses on the site.
e. “Pitch and putt” and miniature golf courses: three per hole, plus requirements for auxiliary uses.
f. Skating rinks, ice or roller: one for each 100 square feet of gross floor area, plus the spaces required for additional uses on the site.
g. Swimming pool (commercial): one for each 100 square feet of water surface, plus one stall for each employee, but not less than 10 stalls for any such use. h. Tennis, handball and racquetball facilities: three for each court plus the spaces required for additional uses on the site.
4. Educational Uses.
a. Elementary and junior high schools: two for each classroom. b. Senior high schools: one for each member of the faculty and each employee, plus one for each six students regularly enrolled.
c. Colleges, universities and institutions of higher learning: one for each three students plus one for each two members of the faculty and employees.
5. Health Uses.
a. Convalescent and nursing homes, homes of aged, rest homes, children’s homes and sanitariums: one for every four beds in accordance with the resident capacity of the home as listed on the required license or permit.
b. Hospitals: 1.75 for each patient bed.
c. Athletic and health clubs: one for each 250 square feet of gross floor area. (For the purpose of this subsection, swimming pool area shall be counted as floor area.) d. Congregate care facilities: as determined by a parking demand study approved by the Director.
60139.00122\34746987.3
55 6. Industrial.
a. Mini storage: one for each 5,000 square feet of gross floor area and storage lot. b. For industrial uses not listed above: one for 500 square feet of gross floor area.
7. Places of Assembly.
a. Restaurants, taverns, cocktail lounges and other establishments for the sale and consumption on the premises of food and beverages: one space for every 100 square feet of gross floor area. No additional parking spaces shall be required for outside seating at restaurants up to 25% of the interior seating area. This parking ratio shall not apply to accessory eating areas established pursuant to Section 13.12.030(G)(5) and Section
13.14.030(J) of this title.
b. Auditoriums, sports arenas, stadiums or similar uses: one for each three seats or one for each 35 square feet of gross floor area where there are no fixed seats. c. Theaters, movies:
i. Single screen: one space per three seats, plus five for employees. ii. Multi-screen: one space per four seats, plus five for employees. d. Libraries: one for each 300 square feet of gross floor area. e. Museums or art galleries: one space for each 500 square feet of gross floor area. f. Private clubs, lodge halls, dance halls, nightclubs, teenage nightclubs, cabarets, or union headquarters: one for each 75 square feet of gross floor area. g. Churches and other places of assembly not specified above: one for each four fixed seats within the main auditorium or one for each 35 square feet of seating area within the main auditorium or one for each 35 square feet of seating area within the main auditorium where there are no fixed seats; 18 linear inches of bench shall be considered a fixed seat.
8. Other uses: day care centers not accessory to an existing business, including preschools and nursery schools: one for each staff member, plus one for each five children.
9. Public parks and recreation facilities: as specified by conditional use permit.
C. Special Requirements. The following parking requirements are applicable to all commercial, industrial and office land uses. These special stalls shall be closest to the facility for which they are designated in order to encourage their use.
1. Motorcycle: facilities with 25 or more parking spaces shall provide at least one designated parking area for use by motorcycles. Developments with over 100 spaces shall provide motorcycle parking at the rate of one percent. Areas delineated for use by motorcycles shall meet standards set forth in Section 13.24.030(C)(1).
2. Bicycles: all commercial and office areas shall provide adequate locking facilities for bicycle parking at any location convenient to the facility for which they are designated.
Whenever possible, weatherproofing or facility covering should be used. a. Short-Term Bicycle Parking. If the project is anticipated to generate visitor traffic, provide permanently anchored bicycle racks within 200 feet of the visitors’ entrance, readily visible to passers-by, for five percent of visitor motorized vehicle parking capacity, with a minimum of one two-bike capacity rack. 60139.00122\34746987.3
56 b. Long-Term Bicycle Parking. For buildings with over 10 tenant-occupants, provide secure bicycle parking for five percent of motorized vehicle parking capacity, with a minimum of one space. Acceptable parking facilities shall be convenient from the street and may include:
i. Covered, lockable enclosures with permanently anchored racks for bicycles; ii. Lockable bicycle rooms with permanently anchored racks; and iii. Lockable, permanently anchored bicycle lockers.
3. Clean air vehicles: Provide designated parking for any combination of low-emitting, fuelefficient and carpool/vanpool vehicles, as follows:
Table 13.24.040A
Clean Air Vehicle Parking Requirements
Total Number of Parking Spaces Required Number of Clean Air Spaces Required 0-9 0
10-25 1
26-50 3
51-75 6
76-100 8
101-150 11
151-200 16
200 and over At least 8% of total
a. Parking Stall Marking. Paint, in the same paint used for stall striping, the following characters such that the lower edge of the last word aligns with the end of the stall striping and is visible beneath a parked vehicle: CLEAN AIR VEHICLE b. Low-emitting, fuel-efficient, and vanpool vehicles shall have the meaning set forth in the Green Building Standards Code.
c. Parking designated for “clean air vehicles,” including spaces associated with electric charging stations, shall count toward meeting the minimum on-site parking space requirements set forth in this chapter.
4. Drive-through facilities: drive-through facilities require special consideration as their design can significantly impact the vehicular circulation on a site. The following requirements apply to any use with drive-through facilities.
a. Each drive-through lane shall be separated from the circulation routes necessary for ingress or egress from the property, or access to any parking space. b. Each drive-through lane shall be striped, marked, or otherwise distinctly delineated. 60139.00122\34746987.3
57 c. The vehicle stacking capacity of the drive-through facility and the design and location of the ordering and pick-up facilities will be determined by the Director and City Engineer based on appropriate traffic engineering and planning data. The applicant shall submit to the City a traffic study addressing the following issues:
i. Nature of the product or service being offered.
ii. Method by which the order is processed.
iii. Time required to serve a typical customer.
iv. Arrival rate of customers.
v. Peak demand hours.
vi. Anticipated vehicular stacking required.
5. Spaces provided for the specific uses as listed above, shall be clearly designated through signs, colored lines, etc.
D. Shared Parking. Shared parking may be provided for required commercial, residential, or office off-street parking. Parking facilities may be used jointly with parking facilities for other uses when operations are not normally conducted during the same hours, or when hours of peak use vary.
Requests for the use of shared parking are subject to the approval of the Director and must meet the following conditions:
1. A parking study shall be presented to the Director demonstrating that substantial conflict will not exist in the principal hours or periods of peak demand for the uses which the joint use is proposed.
2. The number of parking stalls which may be credited against the requirements for the structures or uses involved shall not exceed the number of parking stalls reasonably anticipated to be available during differing hours of operation.
3. Parking facilities designated for joint use should not be located further than 300 feet from any structure or use served.
4. A written agreement shall be drawn to the satisfaction of the City Attorney and executed by all parties concerned assuring the continued availability of the number of stalls designated for joint use.
E. Electric Vehicles.
1. The garage of a new single-family home shall be installed with complete 40 amp electrical service and minimum AC Level 2 electrical vehicle charging station.
2. The garage or carport of each multi-family residential unit shall be installed with complete 40 amp electrical service and minimum AC Level 2 electrical vehicle charging station. In addition, an electrical vehicle charging station shall be installed for 13% of the total guest parking spaces.
3. New office space, regional shopping centers, and movie theaters parking areas shall be installed with minimum Level 2 electrical vehicle charging station for five percent of the total number of parking spaces provided.
60139.00122\34746987.3
58 4. Parking areas of new industrial and other land uses employing 200 or more employees shall be installed with minimum Level 2 electrical vehicle charging stations for five% of the total number of parking spaces provided.
5. Parking Stall Marking. Paint, in the same paint used for stall striping, the following characters such that the lower edge of the last word aligns with the end of the stall striping and is visible beneath a parked vehicle: ELECTRIC VEHICLE
6. Parking designated for “electric vehicles,” including spaces associated with clean air vehicles, shall count toward meeting the minimum on-site parking space requirements set forth in this chapter. (Ord. 591 § 2, 2021; Ord. 566 § 3, 2019)
7. If an electric vehicle charging station and any associated equipment interfere with, reduce, eliminate, or in any way impact the required parking spaces for existing uses, the number of required parking spaces for the existing uses shall be reduced by the amount necessary to accommodate the electric vehicle charging station and any associated equipment.
Section 13.30.020 is revised to read as follows:
13.30.020 General development standards.
Unless stated otherwise within this code, the following standards shall be met for all developments:
A. Projections Into Yards.
1. Eaves, roof projections, awnings, and similar architectural features when located at least eight feet above grade may project into required yards a maximum distance of three feet, provided that such feature shall be at least three feet from a property line.
2. Fireplace, chimneys, bay windows, balconies, fire escapes, exterior stairs and landings, and similar architectural features may project into the required yard a maximum distance of two feet and shall be at least three feet from a property line.
B. Projections Above Height Limits. Unless otherwise specified in this code, flues, chimneys, antennas, elevators or other mechanical equipment, utility, or mechanical features may exceed the height limit of the base district by not more than 15 feet, provided such feature shall not be used for habitable space and appropriate screening is provided, as determined by the Director. Architectural appurtenances to churches and other religious institutions involving a steeple, or cross, or combination thereof, and clock towers and similar design elements on commercial structures, may exceed the maximum height of the base district if it is determined through the development review permit or conditional use permit process that architectural compatibility and appropriate building scale are achieved and maintained.
C. Use of Required Yards.
1. Street Yards. Except as otherwise permitted, a street yard shall be used only for landscaping, pedestrian walkways, driveways, or off-street parking.
2. Rear and Interior Side Yards. Except as otherwise permitted, these yards shall be used only for landscaping, pedestrian walkways, driveways, off-street parking or loading, recreational activities or facilities, or similar accessory activities.
D. Auxiliary Structures. Auxiliary structures shall meet all of the setback requirements for main buildings unless otherwise specified within this code. Height of auxiliary structures shall be a 60139.00122\34746987.3
59 maximum of 16 feet. Carports in the commercial or industrial zones shall be a maximum of 25 feet high and are subject to the building setback requirements for main buildings.
E. Distance Between Structures. The minimum distance between detached structures on the same lot shall be 10 feet unless otherwise specified in this code.
F. Fencing and Walls in the Office Professional, Commercial and Industrial Zones.
1. Fences or walls located in a required front or corner side yard shall not exceed three and one-half feet in height in the office and commercial zones. In the Industrial zones, security fencing up to six feet in height may be located in the front or exterior side yard provided the fence is constructed of decorative metal, is non view-obscuring and otherwise complies with the provisions contained in Section 13.14.040(C) (Security fencing) of this title. Fences or walls on the interior side or rear yard of property zoned office, commercial or industrial shall not exceed eight feet in height unless otherwise approved through a development permit.
Overall fence height is inclusive of security devices noted in subdivision (2) of this subsection.
2. In the industrial zones, barbed wire, concertina wire, or similar security devices are permitted on top of a minimum six-foot high fence or wall located in the rear or interior sideyard setback only. Wire shall fall inward to the property and shall not extend beyond the property line.
3. In the office or commercial zones, decorative iron curved inward to the property, shall be used as a security device in lieu of barbed wire, concertina wire, or similar security devices.
4. Fences and walls shall be designed to be compatible with on-site buildings in terms of color and/or materials. Within the required setback adjacent to a residential land use, a minimum six-foot high solid decorative block wall shall be required. Exceptions to this requirement may be granted by the Director where an equivalent buffer is provided through site design or site characteristics, such as difference in grade between sites.
5. All fences and walls are to be composed of new or good used materials as determined by the Director and shall be kept in good repair and adequately maintained at all times. Any dilapidated, dangerous, or unsightly walls or fences shall be removed or repaired. Anti-graffiti surfaces shall be provided pursuant to Section 7.16.120.
6. Walls or fences may not enclose required parking unless otherwise permitted by Section
13.06.070(E)(4) or 13.14.040(C).
7. Walls constructed next to a mobility element street shall be constructed with decorative block to the satisfaction of the Director. Anti-graffiti surfaces shall be provided pursuant to Section 7.16.120 or amendments thereto.
G. Fencing and Walls in the Open Space Zone.
1. Fences or walls located in the open space zone shall adhere to the fence height limitations of the residential zones unless otherwise approved pursuant to a development permit.
2. The Director may approve the use of security devices such as barbed wire, concertina wire or similar devices in the open space zone, provided the fencing will not adversely impact the public health or safety and it does not present a negative visual impact.
3. Walls constructed next to a mobility element street shall be constructed with decorative block to the satisfaction of the Director.
4. Anti-graffiti surfaces shall be provided pursuant to Section 7.16.120 of this code. 60139.00122\34746987.3
60 H. Family Day Care Homes. All family day care homes must obtain all permits and licenses required by State law prior to commencing operation and all such licenses or permits shall be kept valid and current.
I. Equipment Screening. Any equipment, whether on the roof, on the side of a building, or on the ground, shall be screened from view. The method of screening shall be architecturally integrated with the building design in terms of material, color, shape and size. Where individual equipment is provided, a continuous screen is desirable.
J. Trash Enclosures. All office, commercial and industrial developments shall provide an adequate number of trash enclosures on-site to meet the requirements of Chapter 9.06 and Section
9.02.230 or amendments thereto. The enclosures shall be designed to the satisfaction of the Director and shall include:
1. A minimum six-foot high solid decorative masonry wall with a solid roof and solid metal gate painted to match the on-site buildings. The enclosures shall prevent rainfall from entering the enclosure and prevent wind dispersal as well as offsite transport of trash and recycling.
2. Each trash dumpster shall have an attached, water-proof cover that shall be kept closed at all times.
3. All gaps between walls and roof of the enclosure must be screened with a 5 mm gauge.
4. The trash enclosures shall be properly sized to include all containers for trash, recyclable, and organic waste, and shall be easily accessible, shall not be located within any required setback or landscape area and shall not block any required parking area or driveway.
5. Anti-graffiti surfaces shall be provided pursuant to Section 7.16.120 of this code.
6. All developments must also comply with the current storm water requirements in Section
9.06.250(C)(1) and Section 9.06.220(B)(2).
7. Trash enclosures for residential projects shall conform to the provisions contained in Section 13.10.040(I) of this title.
K. Senior Housing Usable Open Space. All senior housing projects shall provide and maintain at least 200 square feet of usable recreation or open space per dwelling unit. Such space may be at ground level, or aboveground. Interior recreation facilities may be counted towards this requirement.
Off-street parking and loading areas, driveways, service areas, areas within front or side yard setbacks, and areas in which any dimension is less than five feet shall not be counted in determining the required open space. Both common open space and private open space are applicable toward the minimum.
L. Low Impact Development (LID) Standards.
1. The project design shall incorporate LID and site design BMPs to minimize directly connected impervious areas and to promote infiltration using LID techniques as outlined in the County of San Diego’s LID handbook. Requirements for all development projects, including priority development projects, shall include, but not be limited to, the following measures:
a. Source control BMPs that reduce polluted runoff, including storm drain system stenciling and signage, properly designed outdoor material storage areas, properly designed trash storage areas, and implementation of efficient irrigation systems; 60139.00122\34746987.3
61 b. LID BMPs to the maximum extent practicable which maximize infiltration, provide retention, slow runoff, minimize impervious footprint, direct runoff from impervious areas into landscaping, and construct impervious surfaces to minimum widths necessary; c. Buffer zones for natural water bodies, where feasible. Where buffer zones are infeasible, require project proponent to implement other buffers such as trees, access restrictions, etc., where feasible;
d. Submittal of proof of a mechanism under which ongoing long-term maintenance of all structural post-construction BMPs will be conducted; e. Parking areas shall be designed to drain to landscape areas and private roads shall be designed to drain to vegetated swales or landscape areas.
2. The following LID site design BMPs shall be implemented for all priority development projects:
a. For priority development projects, all runoff must be directed into a treatment control BMP prior to discharging to the MS4. The amount of runoff from impervious areas that is to drain to pervious areas shall correspond with the total capacity of the project’s pervious areas to infiltrate or treat runoff, taking into considerations the pervious areas’ soil condition, slope, and other pertinent factors. b. For priority development projects with landscaped or other pervious areas, properly design and construct the pervious areas to effectively receive and infiltrate or treat runoff from impervious areas, taking into consideration the pervious areas’ soil conditions, slope, and other pertinent factors.
c. For priority development projects with low traffic areas and appropriate soil conditions, construct a portion of walkways, trails, overflow parking lots, alleys, or other low-traffic areas with permeable surfaces, such as pervious concrete, porous asphalt, unit pavers, and granular materials.
3. Where applicable and determined feasible by the Director, the following LID BMPs shall be implemented at all priority development projects:
a. Conserve natural areas, including existing trees, other vegetation, and soils. b. Construct streets, sidewalks, or parking lot aisles to the minimum widths necessary, provided that public safety and a walkable environment for pedestrians are not compromised.
c. Minimize the impervious footprint of the project.
d. Minimize soil compaction.
e. Minimize disturbances to natural drainages (e.g., natural swales, topographic depressions, etc.).
4. Source control and treatment control BMPs must be designed to address pollutants of concern specific to the project site and/or current highest priority pollutants as identified in the San Diego River Water Quality Improvement Plan shall be implemented at all priority development project sites. (Ord. 591 § 2, 2021; Ord. 566 § 3, 2019) 60139.00122\34746987.3
62 Section 13.32.040 is revised to read as follows:
13.32.040 General provisions.
A. Signs Exempt From Permitting and Standards. In addition to specific provisions elsewhere in this chapter that exempt certain signs from the permitting requirement, the following signs are exempt from the application, permit and fee requirements of this chapter; provided however, that building permits may be required, all signs shall be located in accordance with the setback regulations contained in Section 13.32.060(A)(4) of this chapter.
1. Signs of public service and utility companies indicating danger, or which serve as an aide to public safety, or which show underground facilities or public infrastructure;
2. Railroad crossing signs;
3. Traffic or municipal signs posted by government agencies;
4. Signs and notices required by law or by Federal, State, County, or City authority, and signs and notices issued by a court, public body, person, or officer in performance of their public duty or in giving any legal notice;
5. Address signs that are required by and conform with the Building Code;
6. Public service and civic identification signs promoting City-sponsored activities or community events as authorized by the City Council;
7. Interior signs within a structure or building not visible or readable or intended to be read from off-site or from outside of the building or structure;
8. Change of copy on a previously approved sign where no alterations are to be made requiring a building permit.
B. Signs Exempt From Permitting Requirements. The following signs do not require permits pursuant to Section 13.32.030 when they comply with the applicable standards in this chapter:
1. Permanent Window Signage. Permanent window signs not exceeding 25% of the window area are permitted as permanent signs.
2. Commercial Directional Signs. Either one commercial directional sign up to a maximum area of sign of 20 square feet in area or one per tenant up to four square feet, provided that each sign satisfies the following:
a. Located on property in any zone which also contains a public parking area on site; and
b. Sign is not readable from the public right-of-way or is oriented towards pedestrians or drivers on site.
3. Flags. A single official flag of the United States of America and two flags of either the State or other states of the United States, counties, municipalities or official flags for nations, and of organizations or companies. Flags shall be maintained in good condition and torn or worn flags shall be replaced or removed. Flags shall be a maximum of five feet by eight feet.
Maximum height shall meet height requirements set forth in this title. Company flags may not be flown in residential zones.
4. Vehicles.
60139.00122\34746987.3
63 a. Signs on public transportation vehicles and structures including, but not limited to, buses, taxicabs, or other public transportation;
b. Signs on licensed vehicles, provided such vehicles are not used or intended for use as portable signs or as may be prohibited in subsection B of this section.
5. Projecting Signs. Commercial projecting signs are allowed subject to the following standards:
a. Such signs shall not project into the public right-of-way; b. Such signs do not exceed two square feet in sign area (on one side); c. Such signs do not project more than two feet from the building wall; d. A minimum of eight feet of clearance is provided from the finished ground surface and the bottom of the sign;
e. Maximum of one such sign per store frontage;
f. Sign may not be internally illuminated.
6. Transportation Infrastructure. Commercial speech may be allowed bus benches, bus shelters, and other public transportation infrastructure.
7. Properties for sale in any zone may display one temporary sign not exceeding four square feet in size or four feet in height.
8. Temporary and portable signs that comply with the standards set forth in Section
13.32.060, except where that section indicates a permit is required. (Ord. 566 § 3, 2019). 60139.00122\34744019.1
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTEE AMENDING TITLE 2, “ADMINISTRATION AND PERSONNEL,” TITLE 9 “PUBLIC SERVICES,” AND TITLE 10 “VEHICLES AND TRAFFIC” OF THE SANTEE MUNICIPAL CODE WHEREAS, pursuant to article XI, section 5 of the California Constitution and Government Code section 37100, the legislative body of a city may pass ordinances not in conflict with the Constitution and laws of the State or the United States; WHEREAS, in 2019, the City completed a comprehensive update to the Santee Municipal Code (“Code”); and
WHEREAS, the City desires to conduct annual updates to ensure the Code remains consistent with current law and City practice; and WHEREAS, City staff and the City Attorney have determined that certain updates to Titles 2, 9 and 10 of the Code are required; and
WHEREAS, the proposed revision to Section 2.04.030 is intended to clarify that the requirement for the City Manager to furnish a corporate surety bond may be fulfilled through the City’s insurance policy in accordance with applicable law and current City practice; and
WHEREAS, the proposed revision to Section 9.04.040 provides that the requirements of Chapter 9.04 apply to demolition permits for any demolition of a structure, including remodels and tenant improvements, whether residential or commercial; and WHEREAS, existing Section 10.10.245 of the Code requires a person who owns a recreational vehicle (RV), or who has possession, custody, or control of an RV, to move the RV at least 300 feet every 72 hours when the RV is parked on a public street; and WHEREAS, the Code Enforcement Department has requested the proposed revision to Section 10.10.245 to clarify that a person who owns an RV, or who has possession, custody, or control of an RV, that is parked on a public street for more than 72 consecutive hours may not return the RV to the previous parked location for an additional 72 consecutive hours, in order to address the concern than an individual might attempt to circumvent the 72-hour rule by temporarily moving the RV only to return shortly thereafter; and
WHEREAS, City staff recommends the revision in order to facilitate more effective enforcement of the existing RV parking requirements, which further the health, safety, and welfare of the public by preventing blight caused by the long-term storage of RVs on public streets; and
WHEREAS, the proposed revisions to Titles 2, 9, and 10 are detailed in the Staff Report and indicated in the redline document provided to the City Council. 60139.00122\34744019.1
ORDINANCE NO. ____
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTEE, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Recitals Incorporated. The Recitals set forth above are true and correct and are incorporated into this Ordinance.
SECTION 2. Amendment of Title 2. The amendment of Title 2 of the Santee Municipal Code (“Code”) is set forth below.
Section 2.04.030 of the Code is amended to read as follows:
2.04.030 Bond.
The City Manager and acting City Manager must furnish a corporate surety bond to be approved by the City Council in such sum as may be determined by the City Council, and must be conditioned upon the faithful performance of the duties imposed on the City Manager and acting City Manager as herein prescribed. Any premium for the bond is a proper charge against the City. This bond requirement may be fulfilled through the City’s insurance policy in accordance with Government Code section 1463.
SECTION 3. Amendment of Title 9. The amendment of Title 9 of the Code is set forth below.
Section 9.04.040 of the Code is amended to read as follows:
The requirements set forth in this chapter apply to all construction and demolition permits issued for any project types set forth in subsections A through D.
A. Demolition. Any demolition of a structure including remodels and tenant improvements.
B. Residential.
1. The construction of new residential structures, including accessory dwelling units, single-family, multifamily, and condo conversions, regardless of the square footage of the floor area.
2. Additions or accessory structures to existing residential structures where the addition or alteration increases the building’s conditioned area, volume or size. The requirements shall apply only to and/or within the specific area of the addition or alteration.
C. Commercial/Industrial.
1. The construction of all new commercial/industrial buildings. 60139.00122\34744019.1
ORDINANCE NO. ____
2. Additions or accessory structures to existing commercial or industrial structures that involve 1,000 square feet or more of floor area.
3. Alterations to existing commercial or industrial structures with a permit valuation of $200,000.00 or more.
D. City-Sponsored Projects. City-sponsored projects for which the City provides funding in excess of $100,000.00, or which fall within one of the above categories.
SECTION 4. Amendment of Title 10. The amendment of Title 10 of the Code is set forth below.
Section 10.10.245(B) of the Code is amended to read as follows:
B. It is unlawful for any person who owns or has possession, custody or control of a recreational vehicle to park that vehicle on any public street in the same location, defined as within 300 feet of the original or previously documented location, for more than 72 consecutive hours. A vehicle that has been parked in the same location for 72 consecutive hours may not return to the same location for at least 72 consecutive hours. A location may be documented by marking the vehicle, taking a photograph of the vehicle, or by other method deemed appropriate by the City.
SECTION 5. CEQA. Based upon the whole of the administrative record before it, the City Council hereby finds that the amendment of the Santee Municipal Code as set forth in this Ordinance is exempt from environmental review under the California Environmental Quality Act (“CEQA”) (Pub. Res. Code, § 21000 et seq.) pursuant to State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) sections 15061(b)(3) and 15378(b)(5). An activity is subject to CEQA only if that activity has “the potential for causing a significant effect on the environment.” (State CEQA Guidelines, § 15061(b)(3).) An activity is thus exempt from CEQA “[w]here it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” (Ibid.) Here, the amendment of the Santee Municipal Code as set forth in this Ordinance does not have the potential to result in either a direct or reasonably foreseeable indirect physical change in the environment. (State CEQA Guidelines, § 15061(b)(3).) Moreover, approval of the Ordinance constitutes an administrative activity of the City and is additionally exempt from CEQA on that basis. (State CEQA Guidelines, § 15378(b)(5).) Staff is hereby directed to prepare, execute and file with the San Diego County Clerk a CEQA Notice of Exemption within five (5) working days after the adoption of this Ordinance.
SECTION 6. Codification. The City has adopted the “City of Santee Municipal Code Editorial Guidelines,” and, except as otherwise provided herein, authorizes Quality Code Publishing to make technical, non-substantive changes to conform the codified Ordinance to the guidelines. In the event a substantive conflict arises on the basis of the changes authorized by this Section, the language adopted by this Ordinance prevails. 60139.00122\34744019.1
ORDINANCE NO. ____
The City Clerk is authorized to provide certified copies and notice of this Ordinance or any part of this Ordinance required or advised by the law or any regulation.
SECTION 7. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council of the City of Santee hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrases be declared unconstitutional.
SECTION 8. Effective Date. This Ordinance shall become effective thirty (30) days after its adoption.
SECTION 9. Publication. The City Clerk is hereby directed to certify the adoption of this Ordinance and cause a summary or 1/4 page advertisement of the same to be published as required by law.
INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of Santee, California, on the 26th day of January 2022, and thereafter ADOPTED at a Regular Meeting of the City Council held on this 9th day of February 2022, by the following vote to wit:
AYES:
NOES:
ABSENT:
APPROVED
___________________________________
JOHN MINTO, MAYOR
ATTEST:
__________________________________
ANNETTE ORTIZ, CMC, CITY CLERK
STAFF REPORT
RESOLUTION AUTHORIZING THE IMPLEMENTATION OF A PERMITTING
AND LAND MANAGEMENT SYSTEM AND TAKING RELATED ACTIONS
February 9, 2022
BACKGROUND
Implementation of a fully automated permitting and land management system, with the capability to submit and process permit applications online, has been a City Council priority for a number of years. The City’s Building Division contractor, Interwest, currently provides the City with a permit software program, known as CommunityCore, which tracks building permits in a limited capacity. Most notably, CommunityCore does not have the capability to accept or fully process online building permit applications.
In late 2019, with City Council’s approval, the City entered into a contract with a company to provide an automated permitting and land management system, and City staff spent the next year working to implement that system. Unfortunately, after several months and many hours of staff time spent developing the program, the software vendor was unable to provide the functionality of the system as agreed and the contract was terminated in late 2020. Since then, City staff has been working with a consultant, SDI Presence, to develop a new Request for Proposals (RFP), which was distributed in September 2021.
The new RFP generated proposals from three vendors: Tyler Technologies, TruePoint, and EdgeSoft. After review and scoring of the proposals, Tyler Technologies and TruePoint were invited to each give two-day “proof of capabilities” demonstrations of specific predetermined functionality to further present the capabilities of their software.
As the largest company in the United States focused solely on providing software solutions to the public sector, Tyler Technologies was ultimately selected as the vendor who could best meet the City’s needs with their permitting and land management software, known as EnerGov. The EnerGov application is currently used by 615 jurisdictions across the U.S., with 85 of these in California. Along with the company’s experience, the EnerGov application will work most seamlessly with the City’s current Eden financial system, which is also a Tyler Technologies product.
AGREEMENT WITH TYLER TECHNOLOGIES, INC. FOR THE ENERGOV LAND
MANAGEMENT SYSTEM AND MOBILE EYES FIRE INSPECTION SOFTWARE City staff is proposing a five-year agreement with Tyler Technologies (Tyler) for the EnerGov land management system. This platform supports online permitting from the application and payment stages to issuance and inspection requests. Utilizing various modules, the software will allow the City to track and control all functions of the permitting and land management process, including entitlements, building permits, discretionary permits, and inspections, as well as code enforcement and reoccurring storm water inspections. The City will also be migrating business licensing from the current Tyler Eden program to EnerGov, which will improve business licensing functions and enhance online capabilities.
ATTACHMENT 1
Staff Report
Permitting & Land Management System
February 9, 2022