City Council
Regular Meeting Agenda
Wednesday, March 2, 2022, 6:00 p.m.
Council Chambers, 825 Imperial Beach Boulevard, Imperial Beach, CA. 91932 Public Comments: Members of the public can participate in-person at the City Council meeting to provide public comments or they can participate electronically. Members of the public who wish to watch City Council meetings, are encouraged to stream from the City website at https://www.imperialbeachca.gov/council_meetings. In lieu of in-person attendance and only during the time of the COVID-19 emergency, members of the public can submit their comments on specific agenda items via email at [email protected]. Comments will be accepted prior to the City Council meeting and up until the time that the Mayor announces that public comment is closed for each particular agenda item. A recess may be called to allow City Staff time to retrieve the correspondence. Please note in your email subject line the item on the agenda that you wish to comment on and please specify if you would like the written comment to be read aloud or just to be entered into the record. Please note that if you request the comment to be read aloud during the meeting, it will be limited to three (3) minutes so that business can be efficiently completed at the meeting.
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Pages
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. REIMBURSEMENT DISCLOSURES/REPORTS ON ASSIGNMENTS AND
COMMITTEES
All City Council assignments are available for review in the City Clerk’s Office.
5. COMMUNICATIONS FROM CITY STAFF
6. PUBLIC COMMENT
Each person 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.
7. PRESENTATIONS
7.a. CERTIFICATE OF COMMENDATION TO ASEZ WAO. (0410-30) 6 Recommendation:
Receive a presentation from ASEZ WAO and present a Certificate of Commendation for exemplary volunteer service.
7.b. PRESENTATION BY U.S. CUSTOMS AND BORDER PROTECTION.* (0150- 40)
*No Staff Report
7.c. CERTIFICATE OF COMMENDATION FOR AMBER CRAIG. (0410-30) 9 Recommendation:
Present a Certificate of Commendation for 25 years of service working at the Imperial Beach Station for U.S. Customs and Border Protection as the Public Lands Liaison.
7.d. AUTHORIZATION TO NAME THE ENTRANCE TO THE BOYS & GIRLS CLUB IN HONOR OF KEN BLINSMAN. (0410-30 & 0720-70)
11 Recommendation:
Staff recommends that the City Council direct the City Manager to take the actions necessary to install signage naming the entrance to the Boys & Girls Club “Ken Blinsman Way.”
8. CONSENT CALENDAR
All matters listed under Consent Calendar are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items, unless the item is removed from the Consent Calendar by action of the City Council. A Councilmember or member of the public may make a comment on any item on the Consent Calendar.
Recommendation:
To approve Consent Calendar Item Nos. 8.a. through 8.e.
8.a. APPROVAL OF CITY COUNCIL MEETING MINUTES 13
Recommendation:
That the City Council approves the Special Meeting Minutes of February 23, 2022.
8.b. RATIFICATION OF WARRANT REGISTER FOR THE PERIOD FROM FEBRUARY 4, 2022 TO FEBRUARY 18, 2022. (0300-25)
16 Recommendation:
Staff is requesting that the City Council ratify and file the Warrant Register Report.
8.c. RECEIVE TREASURER’S REPORT FOR JANUARY 2022. (0300-90) 26 Recommendation:
Staff recommends that the City Council receive and file the January 2022 Treasurer's Report.
8.d. SECOND READING AND ADOPTION OF ORDINANCE NO. 2022-1207 ADDING IBMC CHAPTER 18.54 TO PROVIDE REGULATIONS FOR URBAN
LOT SPLIT SUBDIVISIONS AND TWO-UNIT RESIDENTIAL
DEVELOPMENTS IN SINGLE-FAMILY RESIDENTIAL ZONES AS ALLOWED BY SB 9. (0600-95)
48 Recommendation:
That the City Council conduct the second reading, waive further reading, and adopt Ordinance No. 2022-1207, approving the proposed amendment to Title 18 of the Imperial Beach Municipal Code providing regulations for urban lot split subdivisions and two-unit residential developments in Single-Family Residential Zones as allowed by Senate Bill 9, and find the Ordinance exempt from the provisions of CEQA pursuant to Government Code Sections 65852.21(j) and 66411.7(n), because the adoption of an ordinance to implement SB 9 is not considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
8.e. GENERAL PLAN 2021 ANNUAL PROGRESS REPORT. (0620-90) 68 Recommendation:
That the City Council received the 2021 annual progress report.
9. ORDINANCES/INTRODUCTION & FIRST READING
9.a. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, AMENDING SECTION 10.36.110.B. OF THE
IMPERIAL BEACH MUNICIPAL CODE RELATED TO ON-STREET
RECREATIONAL VEHICLE PARKING. (0760-95)
104
Recommendation:
Introduce ordinance by title only waiving the full reading of the ordinance and set the adoption for the next regular meeting.
9.b. CONSIDER ADOPTION OF URGENCY ORDINANCE 2022-1211 AND INTRODUCING ORDINANCE 2022-1209 AMENDING TITLE 4 OF THE IMPERIAL BEACH MUNICIPAL CODE TO ADD A NEW CHAPTER 4.62
RELATED TO MICROENTERPRISE HOME KITCHEN OPERATIONS
107
Recommendation:
Staff recommends that the City Council consider the proposed ordinances and:
1. Adopt urgency Ordinance No. 2022-1211; and
Introduce Ordinance No. 2022-1209 by title only waiving further reading and setting for adoption at the March 16 Council meeting.
2. 10. PUBLIC HEARINGS/ORDINANCES
10.a. PUBLIC HEARING #4 – INTRODUCTION OF ORDINANCE NO. 2022-1208
ADOPTING BOUNDARIES FOR CITY COUNCIL DISTRICTS FOLLOWING THE 2020 DECENNIAL FEDERAL CENSUS AND PURSUANT TO THE FAIR MAPS ACT.
128
Recommendation:
It is recommended that the City Council conduct the public hearing, receive public input, introduce Ordinance No. 2022-1208 by title only, waive further reading, and schedule adoption for March 16, 2022.
11. REPORTS
11.a. CITY COUNCIL CONSIDERATION OF THE APPOINTMENT OF ODETTE
GONZALEZ AS THE CITY OF IMPERIAL BEACH REPRESENTATIVE ON
THE ARTS, CULTURE AND DESIGN COMMITTEE OF THE PORT OF SAN DIEGO. (0150-70)
148
Recommendation:
Staff recommends that the City Council consider the request of the Mayor to appoint Odette Gonzalez to serve on the Arts, Culture and Design Committee for the Port of San Diego commencing on March 3, 2022, and expiring on March 3, 2025.
11.b. CITY COUNCIL CONSIDERATION OF THE REAPPOINTMENT OF DAN
MALCOLM AS THE CITY OF IMPERIAL BEACH REPRESENTATIVE ON THE BOARD OF COMMISSIONERS OF THE PORT OF SAN DIEGO. (0150- 70)
150
Recommendation:
Staff recommends that the City Council consider the request of the Mayor to reappoint Commissioner Dan Malcolm to an additional four-year team commencing on January 2, 2023 and expiring on January 2, 2027.
11.c. RESOLUTION 2022-12 TO ACCEPT AND APPROPRIATE $539,000 IN
STATE ACTIVE TRANSPORTATION GRANT DESIGN FUNDS AND AWARD
A PROFESSIONAL SERVICES AGREEMENT TO MICHAEL BAKER INTL, INC. FOR ENGINEERING DESIGN OF THE 9TH ST. ACTIVE
TRANSPORTATION CORRIDOR (0720-25)
158
Recommendation:
Adopt Resolution 2022-12 to accept and appropriate $539,000 in State Active Transportation Grant design funding and award a Professional Services Agreement to Michael Baker International, Inc. to develop the engineering plans, specifications and estimates for the design phase of the Project.
Provide consent to staff to seek public input on intersection options as directed.
12. I.B. REDEVELOPMENT AGENCY SUCCESSOR AGENCY REPORTS
13. ITEMS PULLED FROM THE CONSENT CALENDAR (IF ANY)
14. CITY COUNCIL FUTURE AGENDA REQUESTS
15. ADJOURN REGULAR MEETING
THE CITY COUNCIL ALSO SITS AS THE IMPERIAL BEACH PLANNING
COMMISSION, PUBLIC FINANCING AUTHORITY, HOUSING AUTHORITY, AND IMPERIAL BEACH REDEVELOPMENT AGENCY SUCCESSOR AGENCY.
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT AND CALIFORNIA GOVERNMENT CODE SECTION 54953(e), THE CITY OF IMPERIAL
BEACH REQUESTS THAT INDIVIDUALS WHO REQUIRE REASONABLE
ACCOMMODATION TO FULLY PARTICIPATE IN THIS MEETING CONTACT THE CITY CLERK’S OFFICE AT (619) 628-2347 OR TTY 711 AS SOON AS POSSIBLE
DURING REGULAR BUSINESS HOURS AND NOT LATER THAN AT LEAST TWELVE (12) HOURS IN ADVANCE OF THE MEETING TO DISCUSS YOUR ACCESSIBILITY NEEDS.
ANY WRITINGS OR DOCUMENTS PROVIDED TO A MAJORITY OF THE CITY
COUNCIL/PLANNING COMMISSION/PUBLIC FINANCING AUTHORITY/HOUSING AUTHORITY/I.B. REDEVELOPMENT AGENCY SUCCESSOR AGENCY
REGARDING ANY ITEM ON THIS AGENDA WILL BE MADE AVAILABLE FOR
PUBLIC INSPECTION ON THE CITY'S WEBSITE AT
https://www.imperialbeachca.gov/council_meetings
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March 2, 2022
ITEM TITLE: CERTIFICATE OF COMMENDATION TO ASEZ WAO
ORIGINATING DEPARTMENT:
Environmental & Natural Resources
EXECUTIVE SUMMARY:
Receive a presentation from Save the Earth from A to Z We Are One, Save the World from the Beginning to the End (ASEZ WAO) about community volunteer efforts to protect the environment and support the United Nations Global Sustainability goals.
RECOMMENDATION:
Receive a presentation from ASEZ WAO and present a Certificate of Commendation for exemplary volunteer service.
OPTIONS:
Receive and file the report
Request additional information
BACKGROUND/ANALYSIS:
ASEZ WAO is an international young adult worker volunteer service organization with a local branch in South San Diego. Their objective is to put in practice heartfelt volunteer service in their local community with a mission to make change in the world.
The young adult volunteers at ASEZ WAO have aligned their mission to help achieve the United Nations Global Sustainability Goals for a better and more sustainable future for all. They have identified several volunteer activities within Imperial Beach to help preserve marine ecosystems through volunteer cleanup and restoration projects.
Representative from ASEZ WAO have a presentation for City Council about their local effort in Imperial Beach.
ENVIRONMENTAL DETERMINATION:
Not a project as defined by CEQA.
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FISCAL IMPACT:
None
ATTACHMENTS:
1. Certificate of Commendation for ASEZ WAO
Attachment 1
Certificate of Commendation
Presented to
ASEZ WAO
In appreciation of exemplary volunteer service and the impact you are making in the Imperial Beach. We commend ASEZ WAO for taking initiative within Imperial Beach that contribute to global efforts to preserve marine ecosytems.
We thank ASEZ WAO for all their efforts and accomplishments.
Presented by
City of Imperial Beach
Mayor Serge Dedina
March 2, 2022
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March 2, 2022
ITEM TITLE: CERTIFICATE OF COMMENDATION FOR AMBER CRAIG ORIGINATING DEPARTMENT:
Environmental & Natural Resources
EXECUTIVE SUMMARY:
Supervisory Border Patrol Agent, Amber Craig, is retiring after 25 years of service at the Imperial Beach Station for U.S. Customs and Border Protection as the Public Lands Liaison. Ms. Craig is well known and respected in the community for the countless tours she has provided in the Tijuana River Valley and her high-level public engagement in solving the pollution crisis in the Tijuana River. We are grateful for her 25 years of dedicated service in the Tijuana River Valley and wish her the best in her future endeavors.
RECOMMENDATION:
Present a Certificate of Commendation for 25 years of service working at the Imperial Beach Station for U.S. Customs and Border Protection as the Public Lands Liaison.
OPTIONS:
Present Certificate of Commendation
BACKGROUND/ANALYSIS:
None
ENVIRONMENTAL DETERMINATION:
Not a project as defined by CEQA.
FISCAL IMPACT:
None
ATTACHMENTS:
1. Certificate of Commendation for Amber Craig
Attachment 1
Certificate of Commendation
Presented to
Amber Craig
In appreciation of 25 years of service at the Imperial Beach Station for U.S. Customs and Border Protection and the dedication in your career to raise awareness and identify solutions to the pollution crisis in the Tijuana River. Your expertise in the field and willingness to share your knowledge and experience with the public was indispensable in our efforts to secure infrastructure investments for pollution control projects that protect the natural resources in the Tijuana River Valley.
Presented by
City of Imperial Beach
Mayor Serge Dedina
March 2, 2022
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March 2, 2022
ITEM TITLE: AUTHORIZATION TO NAME THE ENTRANCE TO THE BOYS & GIRLS CLUB
IN HONOR OF KEN BLINSMAN
ORIGINATING DEPARTMENT:
City Manager
EXECUTIVE SUMMARY:
After serving the South Bay Boys & Girls Club for more than 47 years, Ken Blinsman recently retired. On January 19, 2022, the City Council declared January 19 as Ken Blinsman Day in the City of Imperial Beach. Members of the City Council have further requested that the entrance (driveway) to the Boys & Girls Club be named in his honor as Ken Blinsman Way.
RECOMMENDATION:
Staff recommends that the City Council direct the City Manager to take the actions necessary to install signage naming the entrance to the Boys & Girls Club “Ken Blinsman Way.” OPTIONS:
Provide direction to the City Manager to take the actions necessary to install signage naming the entrance to the Boys & Girls Club “Ken Blinsman Way.” Provide alternative direction to the City Manager
BACKGROUND/ANALYSIS:
The partnership between the City of Imperial Beach and the Boys & Girls Club has been beneficial to all residents of Imperial Beach. For more than 47 years, Ken Blinsman was a key element in that relationship. Now that he has chosen to retire, the City Council would like to name the entrance into the Boys & Girls Club “Ken Blinsman Way.” If directed by the City Council, staff will fabricate a street sign similar to other street signs in the community and install the sign near the entrance to the Boys & Girls Club.
ENVIRONMENTAL DETERMINATION:
Not a project as defined by CEQA.
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FISCAL IMPACT: There will be a nominal cost for the fabrication of the sign that will be taken from the City Manager contingency line item.
FISCAL YEAR: FY23
BUDGETED: No
BUDGET AMENDMENT: No
ACCOUNT NO(S).: 101-1110-412.2903
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March 2, 2022
ITEM TITLE: APPROVAL OF CITY COUNCIL MEETING MINUTES
ORIGINATING DEPARTMENT:
City Clerk
RECOMMENDATION:
That the City Council approves the Special Meeting Minutes of February 23, 2022.
ENVIRONMENTAL DETERMINATION:
Not a project as defined by CEQA.
FISCAL IMPACT:
No fiscal impact associated with this item.
ATTACHMENTS:
ATT 1 02-23-22 Special Meeting Minutes_DRAFT
1 MINUTES
CITY OF IMPERIAL BEACH
CITY COUNCIL
February 23, 2022, 6:00 p.m.
Virtual Meeting
Councilmembers
Present:
Mayor Dedina, Mayor Pro Tem Fisher, Councilmember LeybaGonzalez, Councilmember Spriggs Councilmembers
Absent:
Councilmember Aguirre
Staff Present: City Manager Hall, Assistant City Manager Cortez-Martinez, City Attorney Lyon, City Clerk Kelly, Community Development
Director Foltz
The City Council also sits as the Imperial Beach Planning Commission, Public Financing Authority, Housing Authority, And Imperial Beach Redevelopment Agency Successor Agency.
_____________________________________________________________________
1. CALL TO ORDER
Mayor Dedina called the Special Meeting to order at 6:00 p.m.
2. ROLL CALL
3. PUBLIC COMMENT
None.
4. REPORTS
City Manager Hall reported on the item. He spoke about the mitigation measures that were implemented in the Council Chambers and the actions people can take to stay safe when attending a council meeting in person.
Councilmember Leyba-Gonzalez spoke in support for opening up the Council Chambers at the next City Council meeting so that the public can interact with Attachment 1
2 members of the City Council, while ensuring that individuals in the Council Chambers are safe.
Councilmember Spriggs asked that before members of the public are allowed into the Council Chambers that there is clarification on the effectiveness of HIPPA filters while the doors are open; he agreed that meetings should be open to the public and stressed that it should be as soon as it is safe; he preferred to wait a couple of months to see if the numbers continue to come down and the risk is lower and did not see the urgency to open up immediately; and he supported continuing with a Zoom option for people who prefer to use it.
Mayor Pro Tem Fisher spoke in support for opening the doors to the public and stated that he believed people know of the inherent risks. He also supported the continued use of Zoom.
Motion by Fisher, Second by Leyba-Gonzalez, to return to normal meetings with the hybrid option (Zoom) available starting at the next Regular City Council Meeting of March 2.
AYES (3): Mayor Dedina, Mayor Pro Tem Fisher, and Councilmember LeybaGonzalez NOES (1): Councilmember Spriggs
ABSENT (1): Councilmember Aguirre
Carried (3 to 1)
5. ADJOURN SPECIAL MEETING
Mayor Dedina adjourned the Special Meeting at 6:17 p.m.
Jacqueline M. Kelly, MMC
City Clerk
Serge Dedina
Mayor
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March 2, 2022
ITEM TITLE: RATIFICATION OF WARRANT REGISTER FOR THE PERIOD FROM FEBRUARY 4, 2022 TO FEBRUARY 18, 2022
ORIGINATING DEPARTMENT:
Finance
EXECUTIVE SUMMARY:
Staff is recommending that the City Council ratify the accompanying Warrant Register for the period from February 4, 2022 to February 18, 2022 in the amount of $ 454,798.24.
RECOMMENDATION:
Staff is requesting that the City Council ratify and file the Warrant Register Report.
OPTIONS:
Receive and file the report from the City Manager
Provide direction to the City Manager to take a specific action Request additional information and an additional report BACKGROUND/ANALYSIS:
The City of Imperial Beach issues accounts payable and payroll disbursements on a regular basis and presents it to the City Council for ratification at its next regular scheduled meeting. The attached Warrant Register containing checks and electronic funds transfers for the period from February 4, 2022 to February 18, 2022, in the amount of $ 454,798.24, is being presented for ratification by the City Council. Payments have been reviewed and approved by the appropriate department staff. The Finance Director or designee certifies the accuracy of the attached register and the availability of funds for payment.
Warrants above $100,000 have been highlighted and explained in the table below:
VENDOR CHECK DESCRIPTION AMOUNT
N/A N/A N/A $ 0.00
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The following registers are submitted for Council ratification:
Accounts Payable:
DATE CHECK NUMBER AMOUNT(S)
2/10/2022 CK98676-CK98691 $ 23,161.83
2/17/2022 CK98692-CK98723 103,166.89
Sub-Total $ 126,328.72
DATE EFT/DRAFT NUMBER AMOUNT(S)
2/04/2022 EFT1405-EFT1409 $ 11,100.21
2/07/2022 DFT0004691-DFT0004708; DFT0004714-DFT0004715; DFT0004717 118,977.95
2/08/2022 DFT0004712-DFT0004713 10,578.77
Sub-Total $ 140,656.93
Total reflected in the attached Expense Approval Report: $ 266,985.65 Payroll Checks/Direct Deposits
DATE CHECK/EFT NUMBER AMOUNT(S)
2/17/2022 CK48746-CK48747; EFT0000077 $ 187,812.59
Sub-Total $ 187,812.59
TOTAL: $ 454,798.24
ENVIRONMENTAL DETERMINATION:
Not a project as defined by CEQA.
FISCAL ANALYSIS:
Warrants are issued from budgeted funds and there is no additional impact on reserves.
ATTACHMENTS:
ATT 1 - Expense Approval Report – 02.04.2022-02.18.2022
2/22/2022 2:52:22 PM Page 1 of 8
Expense Approval Report
Imperial Beach, CA By (None)
Payment Dates 2/4/2022 - 2/18/2022
Payment Date Payment Number Vendor Name Description (Item) Payable Number Account Number Purchase Order Number Amount 02/04/2022 1405 FORESTERS INVESTOR … FORESTERS 529 PLAN P… PPE 1/27/22 101-0000-209.0122 76.92 02/04/2022 1405 FORESTERS INVESTOR … FORESTERS 529 PLAN P… PPE 1/27/22 (2) 101-0000-209.0122 126.92 02/04/2022 1406 I B FIREFIGHTERS ASSOC…IBFA DUES ACH PPE 1/27…PPE 1/27/22 101-0000-209.0108 360.00 02/04/2022 1407 ICMA RETIREMENT TRUS…ICMA CITY-PAID PPE 1/27…PPE 1/27/22 101-0000-209.0110 2,269.25 02/04/2022 1407 ICMA RETIREMENT TRUS…ICMA % PPE 1/27/22 PPE 1/27/22 (2) 101-0000-209.0110 1,257.62 02/04/2022 1407 ICMA RETIREMENT TRUS…ICMA FIXED PPE 1/27/22 PPE 1/27/22 (3) 101-0000-209.0110 5,415.85 02/04/2022 1408 SEIU LOCAL 221 SEIU DUES ACH PPE 1/27…PPE 1/27/22 101-0000-209.0108 652.25 02/04/2022 1409 US BANK PARS ACH PPE 1/27/22 PPE 1/27/22 101-0000-209.0120 941.40 02/10/2022 98676 BARRETT ENGINEERED … Gorman Rupp pump parts s…123508 601-5060-436.2801 220116 232.03 02/10/2022 98676 BARRETT ENGINEERED … Gorman Rupp pump parts 123569 601-5060-436.2801 220116 5,113.19 02/10/2022 98677 CALIFORNIA ASSOCIATI… CODE ASSOCIATION AN… 300014748 101-3070-427.2812 95.00 02/10/2022 98678 COX COMMUNICATIONS 1/23/22-2/22/22 119004601…1/23/2022 845 503-1923-419.2104 96.06 02/10/2022 98679 DEPARTMENT OF JUSTI… EMPLOYEE FINGERPRINT…560584 101-1130-412.2104 220189 49.00 02/10/2022 98680 FLYERS ENERGY LLC Fuel/Oil 22-467718 501-1921-419.2815 220008 5,151.76 02/10/2022 98681 GARRETT SASSO MILEAGE FOR CALBO C… 02-03-2022 101-3040-424.2804 127.68 02/10/2022 98682 101-0000-221.0105 5,847.24
02/10/2022 98683 101-3020-422.2813 250.00
02/10/2022 98684 101-1910-419.3002 220175 365.67
02/10/2022 98685 301-1250-413.4900 99.00
02/10/2022 98686 202-5016-531.2006 576.00
02/10/2022 98687 2,585.00
ISLANDER PROPERTIES, …DEPOSIT REFUND FOR T…REC-003708-2021 JOHN OLSEN J OLSEN PARAMEDIC CE…P30309
MAINTEX, INC. Facility custodial supplies 885526-00
MCDOUGAL LOVE BOEH… JAN SVCS 2013 BOND RE…101351
MSI TEC, INC. 2022 ANNUAL BILLING 5 …163297
NBS GOVERNMENT FINA…COST ALLOCATION PLAN…1221000689 101-1210-413.2006 220109 02/10/2022 98688 ROBERT HALF TECHNOL…F MARTIN 2/4/22 59371378 503-1923-419.2101 1,768.00 02/10/2022 98689 SPARKLETTS FIRE DEPT JANUARY WA…12529930 020422 101-3020-422.3002 236.19 02/10/2022 98690 VALLEY INDUSTRIAL SP… Plumbing supply vendor A289888 101-6040-454.3002 220010 70.01 02/10/2022 98691 VIRTUAL PROJECT MAN… VPM; Jan - June 2022; Proj…12-3048 601-5060-536.2006 220186 500.00 02/17/2022 98692 ACE UNIFORMS & ACCE… FF UNIFORMS - J. APOD… 284370 101-3020-422.3002 711.10 02/17/2022 98693 AT&T 12/11/21-01/10/22 9391033…17595396 101-0000-102.0106 0.01 02/17/2022 98694 BARRETT ENGINEERED … PLATES, COLLARS, SCR… 123891 601-5060-436.2801 220116 4,760.85 02/17/2022 98695 BCM CUSTOMER SERVICE 1/10/22-1/11/22 PREVENT… 6119273002 101-1910-419.2104 288.02 02/17/2022 98695 BCM CUSTOMER SERVICE 1/10/22-1/11/22 PREVENT… 6119273002 101-1910-419.2104 220054 1,251.98 02/17/2022 98696 CALIFORNIA COMMERCI… ASPHALT FOR CITY HALL…2325009 101-5010-431.3002 220074 417.91 02/17/2022 98696 CALIFORNIA COMMERCI… ASPHALT FOR CITY HALL…2325480 101-5010-431.3002 220074 379.22 02/17/2022 98696 CALIFORNIA COMMERCI… ASPHALT FOR CALIFORN…2326930 101-5010-431.3002 220074 994.00 02/17/2022 98696 CALIFORNIA COMMERCI… ASPHALT FOR CALIFORN…2327405 101-5010-431.3002 220074 920.83 02/17/2022 98696 CALIFORNIA COMMERCI… ASPHALT FOR CALIFORN…2328827 101-5010-431.3002 220074 247.34 02/17/2022 98696 CALIFORNIA COMMERCI… ASPHALT FOR CALIFORN…2329317 101-5010-431.3002 220074 534.50 02/17/2022 98697 CALIFORNIA CONSULTIN…FEB 2022 GRANT WRITIN…4946 101-1110-412.2006 220172 3,950.00 02/17/2022 98698 CALIFORNIA ELECTRIC S…PHOTO CELLS FOR STR… 1069-1017030 101-5010-431.2123 273.25 ATTACHMENT 1
Expense Approval Report Payment Dates: 2/4/2022 - 2/18/2022 2/22/2022 2:52:22 PM Page 2 of 8
Payment Date Payment Number Vendor Name Description (Item) Payable Number Account Number Purchase Order Number Amount 02/17/2022 98699 CINTAS CORPORATION Public Works Uniforms 4110070910 101-5020-432.2503 220098 267.44 02/17/2022 98699 CINTAS CORPORATION Public Works Uniforms 4110755607 101-5020-432.2503 220098 267.44 02/17/2022 98700 COUNTY OF SAN DIEGO … FY2021-22 STORMWATER…2022REG_COP-08 101-5050-435.2904 220196 5,463.00 02/17/2022 98701 COUNTY OF SAN DIEGO … JAN 2022 RADIOS: VOLU… 22CTOFIBN07 101-3010-421.2125 1,852.50 02/17/2022 98701 COUNTY OF SAN DIEGO … JAN 2022 RADIOS: FIRE 22CTOFIBN07 101-3020-422.2125 598.50 02/17/2022 98701 COUNTY OF SAN DIEGO … JAN 2022 RADIOS: LIFEG… 22CTOFIBN07 101-3030-423.2125 712.50 02/17/2022 98702 CSMFO CSMFO ANNUAL MEMBE… 300009046 101-1210-413.2812 110.00 02/17/2022 98703 DIVISION OF THE STATE …CY2021 Q4 DISABILITY A… 10/01/2021-12/31/2021 101-0000-371.8303 -2,797.20 02/17/2022 98703 DIVISION OF THE STATE …CY2021 Q4 DISABILITY A… 10/01/2021-12/31/2021 101-0000-371.8309 3,108.00 02/17/2022 98704 FIRE ETC FF GEAR - J. APODACA 164297 101-3020-422.3002 1,076.42 02/17/2022 98705 FLYERS ENERGY LLC 2/10/22 DELIVERY GASOL…22-471653 501-1921-419.2815 220008 5,186.65 02/17/2022 98706 HOME DEPOT CREDIT S… 50LB PLAY SAND, PALLET…1025931 101-6020-452.3002 324.33 02/17/2022 98706 HOME DEPOT CREDIT S… TAPE SUPPLIES - RODRI… 1523515 501-1921-419.3002 29.37 02/17/2022 98706 HOME DEPOT CREDIT S… CLEAR POLY SHEETING -…1546485 101-5010-431.3002 150.85 02/17/2022 98706 HOME DEPOT CREDIT S… DUCT TAPE, CIRCUIT BR… 2541020 601-5060-436.3002 94.66 02/17/2022 98706 HOME DEPOT CREDIT S… 4 CAPS, RODS QTY 3 - C… 2546378 101-6040-454.3002 40.44 02/17/2022 98706 HOME DEPOT CREDIT S… FLAT WASHER, LOCK NU…3041778 101-6040-454.3002 59.80 02/17/2022 98706 HOME DEPOT CREDIT S… ANGLE BROOMS, WIRE … 3515256 101-6040-454.3002 45.13 02/17/2022 98706 HOME DEPOT CREDIT S… HANDY BOX COVERS, M… 4083332 101-6040-454.3002 15.41 02/17/2022 98706 HOME DEPOT CREDIT S… CORD, CABLE TIES, HEA… 4615959 101-6010-451.3002 66.65 02/17/2022 98706 HOME DEPOT CREDIT S… PIPE FLASHING, SEALANT…5270755 101-1910-419.2801 36.79 02/17/2022 98706 HOME DEPOT CREDIT S… NUTONE REPLACEMENT… 5283470 101-1910-419.2801 51.47 02/17/2022 98706 HOME DEPOT CREDIT S… MULTI-BIT SCRW/NUT DR…530782 101-6040-454.3002 16.14 02/17/2022 98706 HOME DEPOT CREDIT S… ABIES NOBLE FIRE 5-6FT …6025401 101-3020-422.3002 70.02 02/17/2022 98706 HOME DEPOT CREDIT S… CREDIT: WEATHERPROO…6224015 101-6040-454.3002 -83.46 02/17/2022 98706 HOME DEPOT CREDIT S… BRASH BRUSHES, SCRA… 6520039 601-5060-436.3002 625.62 02/17/2022 98706 HOME DEPOT CREDIT S… PAINT, SANDPAPER, CHI… 6534570 101-6040-454.3002 265.54 02/17/2022 98706 HOME DEPOT CREDIT S… TERRY TOWELS, MULTI … 6534585 101-6040-454.3002 122.25 02/17/2022 98706 HOME DEPOT CREDIT S… GLOVES, NIPPLE BRASS,…7282611 101-6040-454.3002 25.08 02/17/2022 98706 HOME DEPOT CREDIT S… SCREWS 5LB - CARTIER, …7513864 101-6040-454.3002 31.22 02/17/2022 98706 HOME DEPOT CREDIT S… DIABLO WHEELS, BIT SET…7522791 101-6040-454.3002 74.90 02/17/2022 98706 HOME DEPOT CREDIT S… BRUTE 32GAL TRASH CA…7541618 101-6040-454.3002 81.83 02/17/2022 98706 HOME DEPOT CREDIT S… GRAFFITI SUPPLIES - MA…9283197 101-5010-431.3002 186.14 02/17/2022 98706 HOME DEPOT CREDIT S… FLOOD LIGHT, ANTI-SEIZ…9283218 101-6040-454.3002 36.57 02/17/2022 98706 HOME DEPOT CREDIT S… SHOP SUPPLIES - RODRI…9513641 501-1921-419.3002 40.08 02/17/2022 98706 HOME DEPOT CREDIT S… SHOP SUPPLIES - RODRI…9513641 501-1921-419.3002 108.54 02/17/2022 98707 LLOYD PEST CONTROL 2/09/22 SERVICE 425 IMP… 7650671 101-1910-419.2022 220020 55.00 02/17/2022 98707 LLOYD PEST CONTROL 2/09/22 SERVICE 950 OC… 7650710 101-1910-419.2022 220020 60.00 02/17/2022 98707 LLOYD PEST CONTROL 2/09/22 SERVICE 495 10TH…7650767 101-1910-419.2022 220020 53.00 02/17/2022 98707 LLOYD PEST CONTROL 2/09/22 SERVICE 1075 8TH…7650772 101-1910-419.2022 220020 53.00 02/17/2022 98707 LLOYD PEST CONTROL 2/10/22 SERVICE 825 IMP… 7651828 101-1910-419.2022 220020 36.00 02/17/2022 98707 LLOYD PEST CONTROL 2/10/22 SERVICE 845 IMP… 7651829 101-1910-419.2022 220020 36.00 02/17/2022 98707 LLOYD PEST CONTROL 2/10/22 SERVICE 865 IMP… 7651830 101-1910-419.2022 220020 40.00 02/17/2022 98708 MAINTEX, INC. POLISH & CLEANER SS A…872306-03 101-1910-419.3002 220175 62.65
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Payment Date Payment Number Vendor Name Description (Item) Payable Number Account Number Purchase Order Number Amount 02/17/2022 98708 MAINTEX, INC. BLEACH SPRAY, MAT CL… 881668-01 101-1910-419.3002 220175 637.75 02/17/2022 98709 101-1220-413.2002 220081 11,000.00
02/17/2022 98710 101-5010-431.3002 2,068.80
02/17/2022 98711 395.18
MCDOUGAL LOVE BOEH… DEC 2021 - RETAINER … 101240
MEISTER SEALCOAT & S… PALLET CRACKSEALANT…35779
MUNICIPAL EMERGENCY…SCOTT NEW AV3000HT 4 …IN1675730 101-3020-422.3002 02/17/2022 98712 NEXUSPLAN, INC JAN 2022 TASKS: BAYSH… SP2111-8 214-5050-435.2006 210312 29,465.00 02/17/2022 98713 OFFICE DEPOT, INC BC: WRAIGHT, SPENCE, L…214406939001 101-3030-423.3002 177.57 02/17/2022 98713 OFFICE DEPOT, INC STAPLES, TAPE, PENS, C…220559111001 101-6010-451.3001 220136 96.61 02/17/2022 98713 OFFICE DEPOT, INC TAPE 6PK, SIGN HERE FL…220565240001 101-6010-451.3001 220136 18.76 02/17/2022 98713 OFFICE DEPOT, INC STICKY BACK, SCISSORS,…223424119001 101-1020-411.3001 52.53 02/17/2022 98713 OFFICE DEPOT, INC WRIST REST BLACK GEL -…223454649001 101-1020-411.3001 6.51 02/17/2022 98713 OFFICE DEPOT, INC 1099G 50PK - SHOUSE 224114549001 101-1210-413.3001 22000 9.23 02/17/2022 98713 OFFICE DEPOT, INC HP TONER CYAN - SHOU… 224124992001 101-1210-413.3001 22000 61.87 02/17/2022 98713 OFFICE DEPOT, INC HP TONER MAGENTA/YE… 224124994001 101-1210-413.3001 22000 151.88 02/17/2022 98714 O'REILLY AUTOMOTIVE S…IGNITION COIL, SUPER G…3980-384533 501-1921-419.2816 220007 61.97 02/17/2022 98714 O'REILLY AUTOMOTIVE S…TRUCK A-7 REBUILD GAS…3980-385303 501-1921-419.2816 220007 716.10 02/17/2022 98714 O'REILLY AUTOMOTIVE S…RETURN STARTER CORE…3980-385387 501-1921-419.2816 -64.15 02/17/2022 98714 O'REILLY AUTOMOTIVE S…OIL FILTER FOR TRUCK 6…3980-385463 501-1921-419.2816 220007 3.60 02/17/2022 98714 O'REILLY AUTOMOTIVE S…2010 FORD F-350 TPMS S…3980-385534 501-1921-419.2816 220007 68.47 02/17/2022 98714 O'REILLY AUTOMOTIVE S…BATTERY FOR TRUCK 152 3980-385668 501-1921-419.2816 220007 144.78 02/17/2022 98714 O'REILLY AUTOMOTIVE S…THERMOSTAT FOR TRU… 3980-385827 501-1921-419.2816 220007 29.19 02/17/2022 98714 O'REILLY AUTOMOTIVE S…AIR FILTER & HVAC ACT… 3980-385856 501-1921-419.2816 220007 50.94 02/17/2022 98714 O'REILLY AUTOMOTIVE S…A/C SEAL KIT FOR TRUCK…3980-385929 501-1921-419.2816 220007 39.90 02/17/2022 98714 O'REILLY AUTOMOTIVE S…A/C HOSE FOR TRUCK 601 3980-385953 501-1921-419.2816 220007 52.70 02/17/2022 98714 O'REILLY AUTOMOTIVE S…SPRAY ADHESIVE FOR T… 3980-386680 501-1921-419.2816 220007 17.39 02/17/2022 98715 READYREFRESH 10/25/21-11/24/21 OFC MA…01K0034479279 101-1010-411.3002 -94.99 02/17/2022 98715 READYREFRESH 10/25/21-11/24/21 OFC MA…01K0034479279 101-1010-411.3002 78.37 02/17/2022 98715 READYREFRESH 11/25/21-12/24/21 OFC MA…01L0034479279 101-1010-411.3002 14.95 02/17/2022 98715 READYREFRESH 12/25/21-01/24/22 OFC MA…02A0034479279 101-1010-411.3002 14.95 02/17/2022 98716 SDGE 425 IB BLVD 4 - 01/01/22-0…0001 7527 5377 6 02/07/22 101-6020-452.2701 397.11 02/17/2022 98716 SDGE 170 PALM AVE-E - 01/01/2…0002 6464 5267 4 02/07/22 101-1910-419.2701 672.81 02/17/2022 98716 SDGE 1068 EMORY ST - 12/31/21…0006 4675 3193 8 02/04/22 101-5010-431.2701 12.35 02/17/2022 98716 SDGE 186 PALM AVE - 01/01/22-…0008 2432 9204 1 02/07/22 101-5010-431.2701 401.28 02/17/2022 98716 SDGE 1207 PALM AVE -12/29/21-…0019 1240 9272 3 02/02/22 101-5010-431.2701 11.56 02/17/2022 98716 SDGE 755 DELAWARE ST - 12/31…0020 2498 4701 7 02/04/22 601-5060-436.2701 138.74 02/17/2022 98716 SDGE 425 IB BLVD 1-E - 01/01/22…0020 8168 9127 3 02/07/22 101-6010-451.2701 622.77 02/17/2022 98716 SDGE 425 IB BLVD 1-E - 01/01/22…0020 8168 9127 3 02/07/22 101-6020-452.2701 664.72 02/17/2022 98716 SDGE 425 IB BLVD 1-G - 01/01/22…0020 8169 2339 9 02/04/22 101-6010-451.2701 10.00 02/17/2022 98716 SDGE 425 IB BLVD A -IBLL CON -…0020 8170 0416 5 02/07/22 101-6010-451.2701 39.93 02/17/2022 98716 SDGE 266 PALM AVE - 01/01/22-…0020 8384 7903 2 02/07/22 101-6020-452.2701 25.21 02/17/2022 98716 SDGE PALM BET 1ST/5TH D - 01…0027 4196 9935 9 02/04/22 101-5010-431.2701 294.38 02/17/2022 98716 SDGE PALM/HWY 75 MAIN DIST…0028 1987 1631 5 02/04/22 101-5010-431.2701 2,436.95 02/17/2022 98716 SDGE 900 9TH STREET - 12/31/2…0030 6284 3371 9 02/04/22 101-5010-431.2701 15.08 02/17/2022 98716 SDGE 425 IB BLVD C - 01/01/22-… 0032 0670 0926 5 02/07/22 101-6010-451.2701 10.70 02/17/2022 98716 SDGE 852 SEACOAST DR - 01/01…0032 8021 3142 4 02/07/22 601-5060-436.2701 15.20
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Payment Date Payment Number Vendor Name Description (Item) Payable Number Account Number Purchase Order Number Amount 02/17/2022 98716 SDGE 619 IB BLVD - 12/31/21-01/…0034 4893 0964 6 02/04/22 101-5010-431.2701 11.27 02/17/2022 98716 SDGE 111 PALM AVE - 01/01/22-…0035 1619 2790 2 02/07/22 101-5010-431.2701 226.06 02/17/2022 98716 SDGE 1298 GROVE AVE - 12/31/…0037 3630 3079 0 02/04/22 101-5010-431.2701 21.53 02/17/2022 98716 SDGE 170 PALM AVE-G - 01/01/2…0049 3035 3196 9 02/03/22 101-1910-419.2701 15.03 02/17/2022 98716 SDGE 585 IB BLVD - 12/31/21-01/…0051 5327 2671 7 02/04/22 101-5010-431.2701 20.84 02/17/2022 98716 SDGE 1297 IB BLVD - 12/29/21-01…0052 8034 0664 1 02/02/22 101-5010-431.2701 97.51 02/17/2022 98716 SDGE 427 IB BLVD - 01/01/22-02/…0054 5669 2895 1 02/07/22 101-6020-452.2701 211.23 02/17/2022 98716 SDGE 120 ELKWOOD AVE - 01/0…0054 5795 0654 7 02/07/22 101-5010-431.2701 139.57 02/17/2022 98716 SDGE 1259 IB BLVD - 12/29/21-01…0055 7618 8054 1 02/02/22 101-5010-431.2701 12.10 02/17/2022 98716 SDGE 425 IB BLVD 3 - 01/01/22-0…0069 2100 3210 9 02/07/22 101-6020-452.2701 129.48 02/17/2022 98716 SDGE 351 IB BLVD - 01/01/22-02/…0077 0679 5787 2 02/07/22 101-5010-431.2701 10.70 02/17/2022 98716 SDGE 1025 9TH STREET - 12/31/…0087 7382 3642 4 02/10/22 601-5060-436.2701 1,363.61 02/17/2022 98716 SDGE 425 IB BLVD 2 - 01/01/22-0…0093 2789 8134 6 02/07/22 101-6020-452.2701 699.81 02/17/2022 98716 SDGE 100-1/2 PALM AVE - 01/01/…0094 7600 1698 9 02/07/22 101-5010-431.2701 716.46 02/17/2022 98716 SDGE 425 IB BLVD B - 01/01/22-0…0099 5669 3627 2 02/07/22 101-6010-451.2701 141.23 02/17/2022 98718 SHI INTERNATIONAL CO… 02/27/22-02/26/23 ADOBE …B14729314 503-1923-419.2813 181.50 02/17/2022 98719 SITEONE LANDSCAPE S… LIQUID HERBICIDE, STRE…115123499-001 101-6020-452.3002 210.73 02/17/2022 98719 SITEONE LANDSCAPE S… LIQUID HERBICIDE, STRE…115123499-001 101-6020-452.3002 220176 753.23 02/17/2022 98719 SITEONE LANDSCAPE S… CREDIT: STREET ELBOW…115127417-001 101-6020-452.3002 -282.89 02/17/2022 98719 SITEONE LANDSCAPE S… TWIN PAK GOPHER TRAP…115127528-001 101-6020-452.3002 220176 46.77 02/17/2022 98720 SOUTHWEST SIGNAL JAN 2022 SIGNAL REPAIR…81438 101-5010-431.2123 220037 176.63 02/17/2022 98720 SOUTHWEST SIGNAL JAN 2022 SIGNAL MAINT… 81439 101-5010-431.2104 220044 720.00 02/17/2022 98721 STC TRAFFIC, INC. DEC 2021 TASK 1: DEL T… 5048-B 101-0000-221.0102 390.00 02/17/2022 98721 STC TRAFFIC, INC. DEC 2021 TASK 1: IB FOR…5048-B 101-1230-413.2006 195.00 02/17/2022 98721 STC TRAFFIC, INC. DEC 2021 TASK 31: IB CO…5048-B 101-1230-413.2006 220147 5,427.50 02/17/2022 98721 STC TRAFFIC, INC. DEC 2021 TASK 31: IB CO…5048-B 101-1230-413.2006 6,158.75 02/17/2022 98722 VULCAN MATERIALS, CO CLASS II BASE FOR CITY… 73172134 101-5010-431.3002 378.82 02/17/2022 98723 WAXIE SANITARY SUPPLY WAXIE 764 LEMON QUAT …80663254 101-6040-454.3002 390.74 02/17/2022 98723 WAXIE SANITARY SUPPLY WAXIE 764 LEMON QUAT …80663254 101-6040-454.3002 220012 73.75 02/07/2022 DFT0004691 CALPERS LG L2 23011 EE PPE 1/27/…100000016640631 EE 101-0000-209.0106 208.94 02/07/2022 DFT0004692 CALPERS LG L2 23011 ER PPE 1/27/…100000016640631 101-0000-209.0106 268.46 02/07/2022 DFT0004693 CALPERS MISC L2 23012 EE PPE 1/… 100000016640665 101-0000-209.0106 2,147.88 02/07/2022 DFT0004694 CALPERS MISC L2 23012 ER PPE 1/… 100000016640665 ER 101-0000-209.0106 2,586.53 02/07/2022 DFT0004695 CALPERS FIRE PEPRA 25375 EE PP…100000016640708 EE 101-0000-209.0106 2,369.87 02/07/2022 DFT0004696 CALPERS FIRE PEPRA 25375 ER PP…100000016640708 101-0000-209.0106 2,393.57 02/07/2022 DFT0004697 CALPERS LG PEPRA 25376 EE PPE …100000016640746 EE 101-0000-209.0106 2,226.87 02/07/2022 DFT0004698 CALPERS LG PEPRA 25376 ER PPE …100000016640746 101-0000-209.0106 2,249.12 02/07/2022 DFT0004699 CALPERS MISC PEPRA 26352 EE P… 100000016640786 101-0000-209.0106 5,138.16 02/07/2022 DFT0004700 CALPERS MISC PEPRA 26352 ER P… 100000016640786 ER 101-0000-209.0106 5,777.58 02/07/2022 DFT0004701 CALPERS FIRE L1 4625 EE PPE 1/27…100000016640551 101-0000-209.0106 3,156.21 02/07/2022 DFT0004702 CALPERS FIRE L1 4625 ER PPE 1/27…100000016640551 ER 101-0000-209.0106 3,828.89 02/07/2022 DFT0004703 CALPERS LG L1 4626 EE PPE 1/27/22 100000016640593 EE 101-0000-209.0106 940.01 02/07/2022 DFT0004704 CALPERS LG L1 4626 ER PPE 1/27/22 100000016640593 101-0000-209.0106 1,201.54 02/07/2022 DFT0004705 CALPERS MISC L1 470 EE PPE 1/27/…100000016640513 101-0000-209.0106 6,589.91
Expense Approval Report Payment Dates: 2/4/2022 - 2/18/2022 2/22/2022 2:52:22 PM Page 5 of 8
Payment Date Payment Number Vendor Name Description (Item) Payable Number Account Number Purchase Order Number Amount 02/07/2022 DFT0004706 CALPERS MISC L1 470 ER PPE 1/27/…100000016640513 ER 101-0000-209.0106 8,217.25 02/07/2022 DFT0004707 CALPERS SCP POST-TAX PPE 1/27/…PPE 1/27/22 (2) 101-0000-209.0106 1,000.58 02/07/2022 DFT0004708 CALPERS SCP PRE-TAX EFT PPE 1/…PPE 1/27/22 101-0000-209.0106 186.63 02/08/2022 DFT0004712 STATE OF CALIFORNIA STATE TAX W/H PPE 1/27…6112411 101-0000-209.0105 10,394.08 02/08/2022 DFT0004713 STATE OF CALIFORNIA SDI W/H PPE 1/27/22 6112515 101-0000-209.0115 184.69 02/07/2022 DFT0004714 INTERNAL REVENUE SE… FED TAX W/H PPE 1/27/22 33859981 FED 101-0000-209.0102 26,468.95 02/07/2022 DFT0004715 INTERNAL REVENUE SE… MEDICARE W/H PPE 1/27/…33859981 MED 101-0000-209.0104 8,260.64 02/07/2022 DFT0004717 INTERNAL REVENUE SE… SOCIAL SECURITY PPE 1/…33859981 SS 101-0000-209.0104 33,760.36 Grand Total: 266,985.65
Expense Approval Report Payment Dates: 2/4/2022 - 2/18/2022 2/22/2022 2:52:22 PM Page 6 of 8
Report Summary
Fund Summary
Fund Payment Amount
101 - GENERAL FUND 210,318.90
202 - PROP "A" (TRANSNET) FUND 576.00
214 - MISCELLANEOUS GRANTS 29,465.00
301 - SA DEBT SERVICE FUND 99.00
501 - VEHICLE REPLACEMENT/MAINT 11,637.29
503 - TECHNOLOGY/COMMUNICATIONS 2,045.56
601 - SEWER ENTERPRISE FUND 12,843.90
Grand Total: 266,985.65
Account Summary
Account Number Account Name Payment Amount
101-0000-102.0106 COMM DEV PETTY C… 0.01
101-0000-209.0102 P/R FIT PAYABLE 26,468.95
101-0000-209.0104 P/R FICA PAYABLE 42,021.00
101-0000-209.0105 P/R STATE TAX LIABIL… 10,394.08
101-0000-209.0106 P/R PERS RETIREME… 50,488.00
101-0000-209.0108 P/R EMPLOYEE ASS… 1,012.25
101-0000-209.0110 P/R DEFERRED COMP 8,942.72
101-0000-209.0115 P/R STD-PART-TIME 184.69
101-0000-209.0120 PARS EMPLOYEE CO… 941.40
101-0000-209.0122 EDUCATIONAL SAVI… 203.84
101-0000-221.0102 DEVELOPER DEPOSI… 390.00
101-0000-221.0105 BUILDING DEPOSITS/… 5,847.24
101-0000-371.8303 MISCELLANEOUS RE… -2,797.20
101-0000-371.8309 SB 1186 DISABILITY … 3,108.00
101-1010-411.3002 OPERATING SUPPLIES 13.28
101-1020-411.3001 OFFICE SUPPLIES 59.04
101-1110-412.2006 PROFESSIONAL SERV… 3,950.00
101-1130-412.2104 TECHNICAL SERVICES 49.00
101-1210-413.2006 PROFESSIONAL SERV… 2,585.00
101-1210-413.2812 MEMBERSHIP DUES 110.00
101-1210-413.3001 OFFICE SUPPLIES 222.98
101-1220-413.2002 ATTORNEY SERVICE… 11,000.00
101-1230-413.2006 PROFESSIONAL SERV… 11,781.25
101-1910-419.2022 PEST CONTROL SERV… 333.00
101-1910-419.2104 TECHNICAL SERVICES 1,540.00
101-1910-419.2701 GAS & ELECTRIC (SD… 687.84
101-1910-419.2801 MAINTENANCE & RE… 88.26
101-1910-419.3002 OPERATING SUPPLIES 1,066.07
101-3010-421.2125 RCS PROGRAM 1,852.50
Expense Approval Report Payment Dates: 2/4/2022 - 2/18/2022 2/22/2022 2:52:22 PM Page 7 of 8
Account Summary
Account Number Account Name Payment Amount
101-3020-422.2125 RCS PROGRAM 598.50
101-3020-422.2813 FEES & LICENSES 250.00
101-3020-422.3002 OPERATING SUPPLIES 2,488.91
101-3030-423.2125 RCS PROGRAM 712.50
101-3030-423.3002 OPERATING SUPPLIES 177.57
101-3040-424.2804 TRAVEL, TRAINING, … 127.68
101-3070-427.2812 MEMBERSHIP DUES 95.00
101-5010-431.2104 TECHNICAL SERVICES 720.00
101-5010-431.2123 TRAFFIC CONTROL 449.88
101-5010-431.2701 GAS & ELECTRIC (SD… 4,427.64
101-5010-431.3002 OPERATING SUPPLIES 6,278.41
101-5020-432.2503 RENT-UNIFORMS 534.88
101-5050-435.2904 OTHER SERVICES & … 5,463.00
101-6010-451.2701 GAS & ELECTRIC (SD… 824.63
101-6010-451.3001 OFFICE SUPPLIES 115.37
101-6010-451.3002 OPERATING SUPPLIES 66.65
101-6020-452.2701 GAS & ELECTRIC (SD… 2,127.56
101-6020-452.3002 OPERATING SUPPLIES 1,052.17
101-6040-454.3002 OPERATING SUPPLIES 1,265.35
202-5016-531.2006 PROFESSIONAL SERV… 576.00
214-5050-435.2006 PROFESSIONAL SERV… 29,465.00
301-1250-413.4900 COST OF ISSUANCE 99.00
501-1921-419.2815 VEHICLE OPERATE-F… 10,338.41
501-1921-419.2816 VEHICLE OPERATE-P… 1,120.89
501-1921-419.3002 OPERATING SUPPLIES 177.99
503-1923-419.2101 TEMPORARY STAFFI… 1,768.00
503-1923-419.2104 TECHNICAL SERVICES 96.06
503-1923-419.2813 FEES & LICENSES 181.50
601-5060-436.2701 GAS & ELECTRIC (SD… 1,517.55
601-5060-436.2801 MAINTENANCE & RE… 10,106.07
601-5060-436.3002 OPERATING SUPPLIES 720.28
601-5060-536.2006 PROFESSIONAL SERV… 500.00
Grand Total: 266,985.65
Project Account Summary
Project Account Key Payment Amount
**None** 230,207.41
21-0049-DEP 390.00
S20112-P 576.00
SP2111-P 29,465.00
TP21787-DEP 5,847.24
Expense Approval Report Payment Dates: 2/4/2022 - 2/18/2022 2/22/2022 2:52:22 PM Page 8 of 8
Project Account Summary
Project Account Key Payment Amount
W21107-P 500.00
Grand Total: 266,985.65
P a g e | 1
March 2, 2022
ITEM TITLE: RECEIVE TREASURER’S REPORT FOR JANUARY 2022 ORIGINATING DEPARTMENT:
Finance
EXECUTIVE SUMMARY:
The City has funds invested by Chandler Asset Management, Local Area Investment Fund (LAIF), Chase (the City's operating account), tax allocation reserve bonds, and a small amount in an escrow account related to the 9th & Palm project. On a monthly basis a Treasurer's Report is submitted to the City Council listing cash flows and a summary of cash and investments. The attached Monthly Account Statement Report from Chandler Asset Management provides the investment analysis to include a listing of assets, monthly transactions, and a portfolio summary.
The attached Local Agency Investment Fund (LAIF) statement provides a listing of monthly transactions. Detailed investment information for LAIF can be found on the California State Treasurer's website (www.treasurer.ca.gov/pmia-laif/pmia).
RECOMMENDATION:
Staff recommends that the City Council receive and file the January 2022 Treasurer's Report.
OPTIONS:
Receive and file the January 2022 Treasurer's Report.
BACKGROUND/ANALYSIS:
In accordance with the City's Investment Policy and Government Code Section 53646, the City Treasurer or designee submits to the City Council a monthly investment report (Treasurer's Report) with transactions and holdings as detailed in the attached Chandler Asset Management and LAIF investment reports. The Chandler Asset Management Report discloses the following information about the risk characteristics of the City's portfolio:
1. An asset listing showing par value, cost and accurate and complete market value of each security, type of investment, issuer, and interest rate;
2. Monthly transactions for the period;
3. A one-page summary report that shows: a) average maturity of the portfolio and modified duration of the portfolio; b) maturity distribution of the portfolio; c) average portfolio credit quality; d) time-weighted total rate of return for the portfolio for the prior one month, three
P a g e | 2
months, twelve months, year to date, and since inception compared to the Benchmark Index returns for the same periods;
4. A statement of compliance with investment policy, including a schedule of any transactions or holdings which do not comply with this policy or with the California Government Code, including a justification for the presence in the portfolio and a timetable for resolution;
5. A statement that the City has adequate funds to meet its cash flow requirements for the next six months.
All these categories are reflected on the attached Monthly Account Statement Report from Chandler Asset Management, the City's portfolio and investment management consultant.
Details regarding LAIF investments can be found on the California State Treasurer website (www.treasurer.ca.gov/pmia-laif/pmia). The City has adequate funds to meet its cash flow requirements for the next six months.
ENVIRONMENTAL DETERMINATION:
Not a project as defined by CEQA.
FISCAL IMPACT:
The City has funds invested by Chandler Asset Management, Local Area Investment Fund (LAIF), Chase (the City's operating account), tax allocation reserve bonds, and a small amount in an escrow account related to the 9th & Palm project. As of the month ending January 31, 2022, the total market value of cash and investments equals $28,923,548.65. The attached Treasurer's Report provides a statement of cash flows and cash and investments description.
ATTACHMENTS:
ATT 1 – 2021.12 Treasurer’s Report
ATT 2 – 2021.12 Chandler Statement
ATT 3 – 2021.12 LAIF Statement
CITY OF IMPERIAL BEACH
TREASURER'S REPORT
Statement of Cash Flows
For the Month Ended
January 31, 2022
ATTACHMENT 1
Beginning
Balance Total Activity Ending Balance
GENERAL FUND
101 ‐ GENERAL FUND 11,018,930.58 3,259,686.70 $ 14,278,617.28 105 ‐ PEG FUND 10,941.19 ‐ 10,941.19 14,289,558.47
OTHER GOVERNMENT FUNDS
201 ‐ GAS TAX FUND 253,267.50 ‐ 253,267.50 202 ‐ PROP "A" (TRANSNET) FUND 349,322.65 5,271.00 354,593.65 207 ‐ ROAD MTCE & REHAB (RMRA) 374,166.87 45,717.98 419,884.85 212 ‐ SLESF (COPS) FUND 23,055.93 (2,500.00) 20,555.93 214 ‐ MISCELLANEOUS GRANTS FUND 3,178,095.39 (52,672.86) 3,125,422.53 401 ‐ CAPITAL IMPROVEMENT FUND (261,661.01) ‐ (261,661.01) 420 ‐ PARKS MAJOR MAINTENANCE CIP 259,253.55 4,700.00 263,953.55 4,176,017.00
HOUSING AUTHORITY
216 ‐ HOUSING AUTHORITY 660,539.50 ‐ 660,539.50 660,539.50
SUCCESSOR AGENCY
301 ‐ SA DEBT SERVICE FUND (5,778.51) ‐ (5,778.51) 303 ‐ REDEV OBLIG RETIRE FUND 513,200.76 2,213,083.43 2,726,284.19 2,720,505.68
2010 BOND FUND
INTERNAL SERVICES
501 ‐ VEHICLE REPLACEMENT/MAINT 692,626.83 (2,956.31) 689,670.52 502 ‐ RISK MANAGEMENT FUND 835,456.06 (17,798.38) 817,657.68 503 ‐ TECHNOLOGY/COMMUNICATIONS (310,628.46) (45,108.07) (355,736.53) 504 ‐ FACILITY MAINT/REPLACEMENT 108,928.77 (2,325.00) 106,603.77 1,258,195.44
SEWER FUND
601 ‐ SEWER ENTERPRISE FUND 3,456,381.90 1,662,879.95 5,119,261.85 5,119,261.85
AGENCY FUNDS
715 ‐ ASSESSMENT DIST. #63 FUND 119,586.59 ‐ 119,586.59 720 ‐ ASSESSMENT DIST. #64 FUND 30,479.30 ‐ 30,479.30 725 ‐ ASSESSMENT DIST. #66 FUND 172,454.08 ‐ 172,454.08 730 ‐ ASSESSMENT DIST. #68 FUND 102,458.77 ‐ 102,458.77 735 ‐ ASSESSMENT DIST. #71 FUND 16,483.78 ‐ 16,483.78 441,462.52
GRAND TOTAL 28,665,540.46 $
CITY OF IMPERIAL BEACH
TREASURER'S REPORT
Statement of Cash Flows
For the Month Ended
January 31, 2022
CASH DEPOSIT ACCOUNTS
Beginning
Balance Total Activity Ending Balance
Chase ‐ Checking (Operating) 2,199,754.55 359,416.25 $ 2,559,170.80 Chandler Investments 12,287,884.77 ‐ 12,287,884.77 LAIF 7,318,457.84 6,500,000.00 13,818,457.84 Escrow Account 27.05 ‐ 27.05
$ 28,665,540.46
Operating Bank Reconciliation
General Ledger Balance 2,559,170.80
Outstanding Checks/Deposits/Adjustments 324,593.11 Statement Balance $ 2,883,763.91
Chandler Asset Management Reconciliation
General Ledger Balance 12,287,884.77
Interest/Market Value/Other Adjustments 51,947.09 Statement Balance $ 12,339,831.86
LAIF Reconciliation
General Ledger Balance 13,818,457.84
Interest/Market Value/Other Adjustments 4,333.59 Statement Balance $ 13,822,791.43
CITY OF IMPERIAL BEACH
TREASURER'S REPORT
Cash and Investments
As of January 31, 2022
Description Cost Value Market Value
Interest/Yield
to Maturity Maturity Date % of Portfolio
Cash and Cash Equivalents
Chase Bank (statement balance) 2,883,763.91 $ $ 2,883,763.91 0.000% n/a 9.93% LAIF 13,822,791.43 13,787,392.92 0.203% n/a 47.59% Escrow Account 27.05 27.05 0.000% n/a 0.00%
Investments 0.00%
Chandler Investments
Asset‐Backed Securities 976,561.26 967,089.39 1.180% See Attached 3.36% Federal Agencies 4,852,743.00 4,845,832.35 0.890% See Attached 16.71% US Corporate 2,927,323.45 2,912,152.72 1.260% See Attached 10.08% Money Market Funds 75,605.91 75,605.91 0.010% See Attached 0.26% Supranational 422,484.95 413,464.05 1.320% See Attached 1.45% US Treasury 3,085,113.29 3,038,220.35 1.240% See Attached 10.62% Total Cash and Investments $ 29,046,414.25 $ 28,923,548.65 Bond Reserves
2013 Tax Allocation Revenue Bonds
Cash Management 1,717.04 1,717.04 0.000% n/a 0.01%
2020 Tax Allocation Revenue Bonds
Cash Management 0.91 0.91 0.000% n/a 0.00%
Total Bond Reserves $ 1,717.95 $ 1,717.95 Total Investment Portfolio $ 29,048,132.20 $ 28,925,266.60 100.00% PREPARED BY:
Signature on file
Joann M. Gitmed, Finance Manager
I hereby certify that the investments are in compliance with the investment policy adopted by the City Council. The investment portfolio provides sufficient funds to meet the budgeted expenditures over the next six months. This report meets the requirements of Government Code Section 53646.
ATTACHMENT 2
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Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001
February 01, 2022
LAIF Home
PMIA Average
Monthly Yields
CITY OF IMPERIAL BEACH
CITY TREASURER
825 IMPERIAL BEACH BLVD
IMPERIAL BEACH, CA 91932
Account Number:
January 2022 Statement
Tran Type Definitions
Effective
Date
Transaction
Date
Tran
Type Confirm
Number
Web
Confirm
Number Authorized Caller Amount
1/4/2022 1/4/2022 RD 1693017 1653261 JOANN GITMED 3,500,000.00 1/14/2022 1/13/2022 QRD 1695673 N/A SYSTEM 4,333.59
1/20/2022 1/19/2022 RD 1696196 1656444 JOANN GITMED 1,000,000.00 1/27/2022 1/26/2022 RD 1696583 1656841 JOANN GITMED 2,000,000.00 Account Summary
Total Deposit: 6,504,333.59 Beginning Balance: 7,318,457.84 Total Withdrawal: 0.00 Ending Balance: 13,822,791.43
ATTACHMENT 3
P a g e | 1
March 2, 2022
ITEM TITLE: SECOND READING AND ADOPTION OF ORDINANCE NO. 2022-1207 ADDING IBMC CHAPTER 18.54 TO PROVIDE REGULATIONS FOR URBAN LOT SPLIT
SUBDIVISIONS AND TWO-UNIT RESIDENTIAL DEVELOPMENTS IN SINGLE-FAMILY RESIDENTIAL ZONES AS ALLOWED BY SB 9
ORIGINATING DEPARTMENT:
Community Development
EXECUTIVE SUMMARY:
Senate Bill 9 (SB 9) was adopted by California Legislature and signed by the Governor in September of 2021 and went into effect on January 1, 2022. The bill added Government Code Sections 65852.21, 66411.7, and amended Government Code Section 66452.6, which requires that cities and counties ministerially, without discretionary review or hearing, approve a proposed housing development containing no more than two residential units on an individual parcel within a single-family residential zone. SB 9 further requires a local agency to ministerially approve a parcel map for an urban lot split for properties in single-family residential zones, to create no more than two parcels that may each be sold separately so long as each resulting lot meets certain criteria. Local agencies are allowed to adopt objective zoning, subdivision, and design review standards to regulate housing developments and urban lot splits pursuant to this new law so long as the adopted standards do not physically preclude the construction of up to two units of at least 800 square feet in floor area. Senate Bill 9 states that nothing in the new state law shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act except that a local agency shall not be required to hold public hearings for coastal development permit applications for an urban lot splits or a two-unit residential development. If local ordinance amendments are not adopted, proposals for urban lot splits and two-unit residential developments would be subject to only the standards included in SB 9. Since SB 9 requires a ministerial review process, the approval of SB 9 projects is exempt from the California Environmental Quality Act (CEQA).
On February 16, 2022, the City Council had the first reading and introduction of Ordinance No. 2022-1207, which would add IBMC Chapter 18.54 to provide regulations for urban lot split subdivisions and two-unit residential developments in Single-Family Residential Zones as allowed by Senate Bill 9. This, therefore, will be the Second and Final Reading of this ordinance for compliance with the notification requirements of an ordinance adoption pursuant to Government Code Sections 65090 and 65091.
RECOMMENDATION:
That the City Council conduct the second reading, waive further reading, and adopt Ordinance No. 2022-1207, approving the proposed amendment to Title 18 of the Imperial Beach Municipal Code providing regulations for urban lot split subdivisions and two-unit residential developments
P a g e | 2
in Single-Family Residential Zones as allowed by Senate Bill 9, and find the Ordinance exempt from the provisions of CEQA pursuant to Government Code Sections 65852.21(j) and 66411.7(n), because the adoption of an ordinance to implement SB 9 is not considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
OPTIONS:
Direction to modify the ordinance prior to further consideration by the City Council. Continue the item and provide direction to the City Manager to obtain additional information.
BACKGROUND/ANALYSIS:
The State of California is experiencing a critical shortage of affordable housing. In recognition of this critical shortage, the state legislature passed numerous laws in recent years aimed at increasing construction of additional housing units, and preferably affordable units. Last September, Senate Bill 9 (SB 9) was adopted by California Legislature and signed by the Governor. The bill, which added Government Code Sections 65852.21, 66411.7, and amended Government Code Section 66452.6, went into effect on January 1, 2022 and requires ministerial approval of up to two residential units on properties that are zoned single-family residential (R-1- 6000 & R-1-3800) if the project meets specific requirements. Requirements include, among others:
The development is not located within a historic district (state/local) or property landmark, or listed as a landmark;
The development is located within urbanized area or urban cluster; The development meets location requirements of § 65913.4(a)(6)(b)-(k) (may be in coastal zone);
The development would not alter or demolish deed-restricted affordable housing, rentcontrolled housing, housing that invoked the Ellis Act in last 15 years, or housing occupied by a tenant in the last three years; and
The development would not demolish more than 25 percent of the existing exterior walls, unless the site has not been occupied by a tenant in the last three years.
SB 9 further requires local agencies to ministerially approve a parcel map for an urban lot split and the development of up to four units among the two resulting parcels if certain specific requirements are met including:
The parcel is located within a single-family residential zone; The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area (60/40 split max);
Each newly created parcel is no smaller than 1,200 square feet; requires 2,400-square foot lot or 3,000 square feet if 60/40 split;
The lot being split was not established through a prior SB 9 lot split; Neither the owner nor “any person acting in concert with the owner” has previously subdivided an adjacent parcel through an SB 9 lot split; and The requirements required for approval of a two-unit residential development Additionally, SB 9 allows a local agency to impose objective zoning, design, and subdivision standards unless those standards would have the effect of physically precluding the construction of two residential units on either of the resulting parcels or physically precluding either of the two
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units from being at least 800 square feet in floor area. None of the units created under SB 9 may be used for short-term rentals of 30 days or less.
Within Imperial Beach, parcels located in the R-1-6000 and R-1-3800 Single-Family Residential zones could qualify for a two-unit residential development and urban lot split subdivision under SB 9. New units and parcels created under this new law would be subject to the objective standards adopted under this ordinance and any new units created could count toward meeting the City’s assigned Regional Housing Needs Allocation (RHNA).
Objective standards that can be included in the ordinance include:
Setbacks up to four feet for side and rear yards;
FAR limitations that do not preclude new units of at least 800 square feet; Height limits of 16-feet to allow one-story units;
Minimum lot frontage requirements and vehicle access requirements; Parking requirements necessary to comply with the California Coastal Act; Right-of-way access can be required, including requirements for new parcels to have access to, provide access to, or adjoin the public right-of-way; Open space & landscaping, including tree planting requirements; To adopt an ordinance in compliance with SB 9, Chapter 18 of the Imperial Beach Municipal Code (IBMC) requires amendments. The proposed updates include:
IBMC Chapter 18.54 would be added to outline the urban lot split subdivision requirements and objective zoning standards applicable to proposed two-unit residential developments. IBMC Section 18.44.020 would be amended to read as follows:
Any person proposing to create a minor subdivision pursuant to this chapter shall file with the City Planner a tentative parcel map pursuant to the provisions of this title. The City Engineer shall not certify a parcel map pursuant to Section 66450 of the Subdivision Map Act unless prior thereto a tentative parcel map of the minor subdivision shown thereon shall have been filed with and approved by the City Planner, or on appeal by the City Council “unless the subdivision is being filed under the provisions of Government Code Section 66411.7.” (Ord. 459 § 16.12.020, 1979)
IBMC Section 18.48.010 would be amended to include: “In addition to the requirements in Chapter 18.54, minor subdivisions pursuant to Government Code Section 66411.7 should also follow the provisions of Chapter 18.54.”
IBMC Section 18.52.010 would be amended to include: “Parcel Maps filing under the provisions of Government Code Section 66411.7 should also follow the provisions of Chapter 18.54.”
IBMC Section 18.08 would be amended by adding the following definitions:
o “Two Unit Residential Development” - A housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing unit.
o “Urban Lot Split Subdivision” - An urban lot split is the subdivision of an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
The attached draft ordinance includes the proposed revisions of the IBMC as outlined above. The discussion below provides a brief overview of the objective zoning standards for a two-unit residential development as well as urban lot split subdivision requirements.
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On February 16, 2022, the City Council adopted Urgency Ordinance 2022-1206 and had the first reading and introduction of Ordinance No. 2022-1207, which would add IBMC Chapter 18.54 to provide regulations for urban lot split subdivisions and two-unit residential developments in SingleFamily Residential Zones as allowed by Senate Bill 9, and found the Ordinance exempt for the provisions of CEQA pursuant to Government Code Sections 65852.21(j) and 66411.7(n), because the adoption of an ordinance to implement SB 9 is not considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
This, therefore, will be the Second and Final Reading of this ordinance for compliance with the notification requirements of an ordinance adoption pursuant to Government Code Sections 65090 and 65091.
DISCUSSION:
A. Location:
Two-unit developments and urban lot splits shall be allowed on single-family zoned parcels that are not designated historic landmarks or located within a historic district. Proposed projects may not alter or demolish deed-restricted affordable housing, rent-controlled housing, housing that invoked the Ellis Act in last 15 years, or housing that has been occupied by a tenant in the last three years. Additionally, Senate Bill 9 requires that parcels meet certain locational requirements to be eligible for a two-unit residential development. Development is not allowed to occur on sites specified in subparagraphs (B) to (K) of Government Code section 65913.4(a)(6). These include wetlands; high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection, unless sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development; hazardous waste site; earthquake fault zone; 100 year flood hazard area or floodway as determined by the Federal Emergency Management Agency (FEMA), unless specific requirements are met; and conservation and habitat areas.
B. Number of units and parcels allowed:
A single-family zoned parcel with a proposed urban lot split shall contain no more than two new units per parcel whether it proposes to add one new unit to one existing unit or construct two new units. When an urban lot split is proposed, a development of up to four units among the two resulting parcels is allowed. An urban lot split is the subdivision of an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision. If a project has proposed both a two-unit development and an urban lot split, then no additional accessory dwelling units or junior accessory dwelling units are allowed on the lots. In no event no more than 2 (two) units -- including primary dwelling units, accessory dwelling units, and/or junior accessory dwelling units in any combination – may be created on a parcel.
C. Unit Size & Height:
Any new units constructed as part of a two-unit development or urban lot split shall comply with the development standards of Imperial Beach Municipal Code Chapter 18.54. Any construction of a two-unit residential development shall conform to all property development regulations of the zone in which the property is located as well as all fire, health, safety and building provisions.
Zoning, design, and subdivision standards, however, shall not have the effect of physically precluding the construction of two residential units on either of the resulting parcels or physically precluding either of the two units from being at least 800 square feet in floor area. New dwelling units proposed in connection with a two-unit residential development shall not exceed 16 feet and
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one story in height. Two-story structures, or units proposed above a detached accessory structure such as a garage, would not be permitted. New ADUs that are provided on parcels that have been created as part of an urban lot split must meet the development criteria provided in Chapter 18.54 and the development standards for JADUs may be provided subject to the development standards in Government Code Sections 65852.2 and 65852.22.
D. Setbacks:
New units constructed under SB 9 shall comply with the front and street-side yard setbacks of the property and zone, however, a minimum setback of four feet is required from the rear and side property lines. No setback shall be required for an existing structure, or a structure constructed in the same location and to the same dimensions as an existing structure.
E. Lot frontage, lot width, and access:
All lots subject to the urban lot split shall have frontage along a street. Lot frontage and lot width shall be no less than 40% of the original lot frontage and original lot width. Each unit located on a parcel created pursuant to this Chapter shall have vehicular ingress and egress to the public rightof-way.
F. Parking:
For lots within the Coastal Zone as defined in Imperial Beach Municipal Code (IBMC) Section
19.04.245 of this code, Parking spaces for new units shall be provided in accordance with IBMC
19.48. For lots outside of the Coastal Zone as defined in IBMC Section 19.04.245, off-street parking of up to one space per unit is required, except that parking will not be required in either of the following instances:
1. The parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code.
2. There is a car share vehicle located within one block of the parcel.
G. Owner-Occupancy:
An applicant for an urban lot split subdivision is required to sign and submit with the application an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split. An affidavit shall not be required of an applicant that is either a “community land trust” or a “qualified nonprofit corporation” as defined in the Revenue and Taxation Code. For applications that do not involve an urban lot split subdivision, one of the dwellings on the lot must be owner occupied.
Prior to the issuance of a building permit, the applicant shall record a covenant stating that one of the dwelling units on the lot shall remain owner occupied.
H. Covenant:
Prior to recordation of a parcel map or the issuance of a building permit for a two-unit residential development dwelling unit, whichever comes first, the property owner shall record a covenant that notifies future owners of the owner occupancy requirements, the approved size and attributes of the unit(s), and minimum rental period restrictions. The covenant shall also reflect the number of units approved and provide that no more than two total units may be created on any single parcel created using urban lot split subdivision procedures. The covenant shall include the development standards of IBMC Chapter 18.54, exclusive of ADUs/JADUs that existed prior to an urban lot split. However, the development standards for JADUs may be provided subject to the development standards in Government Code Sections 65852.2 and 65852.22. If an urban lot split subdivision was approved, the covenant shall provide that no variances shall be permitted other
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than those code deviations expressly allowed by this Chapter. This covenant shall remain in effect so long as a two-unit residential development exists on the parcel.
Limits on lot coverage, floor area ratio, landscaping, usable open space, and unit size must permit two units of 800 square feet in connection with a two-unit residential development. Any waivers or reductions of development standards shall be the minimum waiver or reduction necessary to avoid physically precluding two units of 800 square feet in floor area. No waivers or reductions to applicable requirements regarding height, stories, off-street parking, usable open space, landscaping, or front yard setbacks shall be approved unless the applicant demonstrates to the Community Development Director’s satisfaction that there is no other way to physically accommodate two 800-square foot units on the site
COASTAL ZONE:
Senate Bill 9 states that nothing in the new state law shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for an urban lot split or a two-unit housing development.
An urban lot split or two-unit residential project constitutes “development” under the Coastal Act A Coastal Development Permit (CDP) is required for all development within the Coastal Zone of the City, unless exempt, pursuant to Imperial Beach Municipal Code (IBMC) Chapter 19.87 (Coastal Development Permit). A Coastal Development Permit can only be approved if the development is consistent with the City’s Local Coastal Program and Implementation Plan (Title 19 Zoning Ordinance and other implementing guidelines).
Local governments must provide all required public notice for any CDP applications for development covered by SB 9 and process the application pursuant to LCP requirements, but local governments are not required to hold public hearings. (Gov. Code §§ 65852.21(k); 66411.7(o).) Once the local government has made a CDP decision, it must send the required final local action notice of that decision to the appropriate Commission district office. If the CDP decision on the proposed project is appealable, a local government action to approve a CDP for the proposed project may be appealed to the Commission. (Pub. Res. Code § 30603.) ENVIRONMENTAL DETERMINATION:
This Ordinance is exempt from the provisions of CEQA pursuant to Government Code Sections 65852.21(j) and 66411.7(n), because the adoption of an ordinance to implement SB 9 shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
FISCAL IMPACT:
No fiscal impact associated with this report.
ATTACHMENTS:
1. Ordinance 2022-1207
Attachment 1
1 ORDINANCE NO. 2022-1207
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
IMPERIAL BEACH, CALIFORNIA, ADDING CHAPTER 18.54 TO
THE IMPERIAL BEACH MUNICIPAL CODE TO PROVIDE
REGULATIONS CONCERNING URBAN LOT SPLIT
SUBDIVISIONS AND TWO-UNIT RESIDENTIAL
DEVELOPMENTS IN SINGLE-FAMILY RESIDENTIAL ZONES
AS ALLOWED BY CALIFORNIA SENATE BILL 9
WHEREAS, the City Council of the City of Imperial Beach seeks to implement Senate Bill 9 (SB 9) (Chapter 162, Statutes 2021) through the implementation of regulations concerning twounit residential developments and urban lot split subdivisions in single-family residential zones; and
WHEREAS, state lawmakers are increasingly concerned about the lack of supply of housing units in the State of California; and
WHEREAS, the State Legislature adopted SB 9 in order to require local jurisdictions to approve infill developments of up to four units in existing single-family zones, subject only to objective local standards that would permit at least two units of 800 square feet per lot in singlefamily zones; and WHEREAS, this ordinance is exempt from the California Environmental Quality Act pursuant to Government Code Sections 65852.21(j) and 66411.7(n) because the adoption of an ordinance to implement SB 9 shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
NOW, THEREFORE, the City Council of the City of Imperial Beach hereby ordains as follows:
Section 1. All of the statements set forth in the recitals above are true and correct and are incorporated herein.
Section 2. Chapter 18.54. “Urban Lot Split and Two-Unit Residential Requirements” of the Imperial Beach Municipal Code is hereby added to read as follows:
Chapter 18.54
URBAN LOT SPLIT SUBDIVISION AND TWO-UNIT RESIDENTIAL REQUIREMENTS Sections:
18.54.010 Urban lot split subdivision.
18.54.020 Preparation of urban lot split map.
18.54.030 Application.
18.54.040 Information to be filed with urban lot split map.
18.54.050 Requirements for urban lot split map.
18.54.060 Application of objective standards.
18.54.070 Grading plan.
18.54.080 Preliminary title report.
18.54.090 Application Fee for urban lot split map.
Attachment 1
2 18.54.100 Department of Community Development – Duties.
18.54.110 Consideration of urban lot split map – Notice of decision.
18.54.120 Disapproval of urban lot split map.
18.54.130 Transmittal of urban lot split map to County Recorder.
18.54.140 Correction and amendment of urban lost split map.
18.54.150 Additional subdivisions prohibited.
18.54.160 Two-unit residential developments in single-family zones.
18.54.010 Urban lot split subdivision.
No person shall create an urban lot split subdivision except by the filing of an urban lot split map approved pursuant to this title and the Subdivision Map Act. Maps shall be titled “Parcel Map – Urban Lot Split Subdivision.”
18.54.020 Preparation of urban lot split map.
The urban lot split map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor, shall show the location of streets and property lines bounding the property and shall conform to all of the following provisions:
A. The provisions of Section 66445 of the Subdivision Map Act.
B. Shall be based upon a field survey made in conformity with the Land Surveyors Act. (Gov.
Code § 66448)
18.54.030 Application.
A. A subdivider applying for an urban lot split subdivision plat shall file an application with the Department of Community Development, together with copies of an urban lot split map. An applicant for an urban lot split subdivision shall sign and submit with the application an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three (3) years from the date of the approval of the urban lot split. An affidavit shall not be required of an applicant that is either a “community land trust” or a “qualified nonprofit corporation” as defined in the Revenue and Taxation Code.
B. The Department of Community Development shall not accept an application or map for processing unless the Department finds that the urban lot split map is consistent with the zoning provisions of this code and that all approvals and permits required by the city zoning provisions for the project have been given or issued. An application for an urban lot split must be submitted on the City’s approved form. Only a complete application will be considered.
C. Notwithstanding the provisions of subsection B of this section, an urban lot split map may be processed concurrently with documents, permits or approvals required by the zoning provisions of this code, if the applicant first waives the time limits for processing, approving or conditionally approving or disapproving an urban lot split map provided by this title or the Subdivision Map Act.
18.54.040 Information to be filed with urban lot split map.
Such information as may be prescribed by the rules and regulations approved by the City Council pursuant to this chapter and such additional information as the Department of Community Development may find necessary with respect to any particular case to implement the provisions of this title shall accompany the urban lot split map at the time of submission, including a certificate of an engineer or land surveyor in accordance with Section 66449 of the Subdivision Map Act,
Attachment 1
3 and a certificate in accordance with Section 66450 of the Subdivision Map Act relating to unincorporated territory.
18.54.050 Requirements for urban lot split map.
The Department of Community Development shall ministerially approve a parcel map for an urban lot split only if the Department of Community Development determines that the parcel map for the urban lot split meets all of the following requirements:
A. Both newly created parcels shall be no smaller than 1,200 square feet.
B. The parcel map subdivides an existing parcel to create no more than two new parcels where both newly created parcels shall be of approximately equal lot area, which for purposes of this paragraph shall mean that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
C. Unit size shall be not greater than 800 square feet in floor area not inclusive of parking. Maps shall show the footprints of all proposed structures. Floor area shall include the total horizontal area of all the floors of the unit included within the surrounding walls, as measured from the outside edge of the external walls of the unit. This measurement is exclusive of areas used exclusively for permanently installed heating and air conditioning units and permanent parking spaces, driveways, and ramps included within the unit.
D. The parcel being subdivided is located within an R-1-6000 Single-Family Residential Zone described in Chapter 19.12 of this code, or an R-1-3800-Single-Family Residential Zone described in Chapter 19.13 of this code.
E. The parcel being subdivided satisfies the requirements of paragraph (3)(C) of subdivision (a) of Government Code Section 66411.7 or any successor provision thereto.
F. The proposed urban lot split would not require demolition or alteration of any of the following types of housing:
1. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
2. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
3. A parcel or parcels on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application under this chapter.
4. Housing that has been occupied by a tenant in the last three years. An applicant for an urban lot split subdivision must demonstrate whether any existing housing on the parcel was owner occupied or vacant to Community Development Director’s satisfaction.
G. The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
Attachment 1
4 H. The parcel has not been established through prior exercise of an urban lot split as provided for in this chapter.
I. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this chapter.
J. All easements required for the provision of public services and facilities shall be dedicated or conveyed by an instrument in a form acceptable to the Department of Community Development.
K. Units constructed on an urban lot split subdivision approved pursuant to this chapter shall be subject to and comply with the minimum setback requirements specified in Section 18.54.160.D of this code.
L. Units constructed on an urban lot split subdivision approved pursuant to this chapter shall not exceed 16 feet in height and one story, measured per Section 19.04.400 of this code.
M. Each unit located on a parcel created pursuant to this chapter shall have vehicular ingress and egress to the public right-of-way.
N. For lots within the Coastal Zone as defined in Section 19.04.245 of this code, parking spaces for new units shall be provided in accordance with Chapter 19.48 of this code.
O. For lots outside of the Coastal Zone as defined in Section 19.04.245 of this code, off-street parking of up to one space per unit is required, except that parking will not be required in either of the following instances:
1. The parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code.
2. There is a car share vehicle located within one block of the parcel.
P. All lots subject to the urban lot split shall have frontage along a street. Lot frontage and lot width shall be no less than 40% of the original lot frontage and original lot width.
Q. The uses allowed on a parcel created pursuant to this chapter shall be limited to residential uses.
R. Dwelling units constructed on urban lot split subdivision lots shall only be used for rentals of terms of longer than thirty (30) days.
S. Prior to approval of an urban lot split subdivision, the applicant shall have complied with the covenant recording requirement contained in Section 18.54.050.U and, if applicable, also Section
18.54.160.G.
T. The urban lot split subdivision shall comply with all requirements of the City’s Subdivisions Ordinance and the California Subdivision Map Act except as expressly modified by this chapter.
Attachment 1
5 U. Prior to recordation of a parcel map, the property owner shall record a covenant with the County Recorder’s Office, the form and content of which is satisfactory to the City Attorney which includes the restrictions of this chapter and applicable state law. Among other things, the covenant shall notify future owners of the owner occupancy requirements, the approved size and attributes of the unit(s), and minimum rental period restrictions. The covenant shall also reflect the number of units approved and provide that no more than two total units are allowed on any single parcel created using urban lot split subdivision procedures. The covenant shall include the development standards for any new units constructed as part of the urban lot split. New ADUs must meet the development criteria provided in this chapter, and the development standards for JADUs may be provided subject to the development standards in Government Code Sections 65852.2 and 65852.22. If an urban lot split subdivision was approved, the covenant shall provide that no variances shall be permitted other than those code deviations expressly allowed by this chapter.
V. An urban lot split parcel map shall be acceptable only with the written consent of all parties having any record title interest in the real property to be subdivided.
W. Separate Conveyance.
1. Within a resulting lot.
i. Primary dwelling units on a lot that are created by an urban lot split may not be owned or conveyed separately from each other.
ii. Condominium airspace divisions and common interest developments are not permitted on a lot that is created by an urban lot split. iii. All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property owners.
2. Between resulting lots. Separate conveyance of the resulting lots is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner must record appropriate CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two lots.
X. For every newly created lot, one new shade tree shall be planted or kept on the property with a minimum of one tree per existing parcel.
18.54.060 Application of Objective Standards.
Development proposed on lots created by an urban lot split subdivision shall comply with all objective zoning standards, objective subdivision standards, and objective design review standards applicable to the parcel based on the underlying zoning; provided, however, that the application of such standards shall be reduced if the standards would have the effect of physically precluding the construction of two units on either of the resulting parcels created pursuant to this chapter or would result in a unit size of less than 800 square feet in floor area. Any waivers or reductions of development standards shall be the minimum waiver or reduction necessary to avoid physically precluding two units of 800 square feet, and no additional variances shall be permitted. No waivers or reductions to applicable requirements regarding stories, off-street parking, front yard setbacks, or lot configuration shall be approved unless the applicant demonstrates to the Community Development Director’s satisfaction that there is no other way to physically accommodate two 800-square foot units on the site.
18.54.070 Grading plan.
Attachment 1
6 There shall be filed with each urban lot split map a grading plan showing graded building site elevations and grading proposed for the creation of building sites or for construction or installation of improvements to serve the subdivision. The grading plan, together with the original topography contours, may be shown on an exhibit to the urban lot split map. The grading plan shall indicate approximate earthwork volumes of proposed excavation and filling operations. In the event no grading is proposed, a statement to that effect shall be placed on the urban lot split map.
18.54.080 Preliminary title report.
There shall be filed with each urban lot split map, a current preliminary title report of the property being subdivided or altered.
18.54.090 Application fee for urban lot split map.
An urban lot split must provide payment of the fees subject to the City’s adopted fee schedule. If the actual cost of providing a service under this title is less than the amount deposited, the City Treasurer will refund any amount remaining in the deposit. If the actual cost of providing a service under this title is more than the amount deposited, the person requesting the service must pay to the City Treasurer an amount equal to the deficiency. If the person fails to pay the deficiency upon demand by the City Treasurer, the City may recover the deficiency in a court of competent jurisdiction. Until the deficiency is paid in full, the project for which the service was requested is considered incomplete.
18.54.100 Department of Community Development – Duties.
The Director of the Department of Community Development or his or her designee is authorized and directed to carry out the following duties, concerning applications for urban lot split maps under this chapter:
A. Obtain the recommendations of other city departments, governmental agencies, or special districts as may be deemed appropriate or necessary by the Community Development Director in order to carry out the provisions of this code;
B. Consider all recommendations and the results of all investigations and ministerially approve or disapprove the application.
C. Any approval must require the owner and applicant to hold the City harmless from all claims and damages related to the approval and its subject matter.
D. Any approval must require the owner and applicant to reimburse the City for all costs of enforcement, including attorney’s fees and costs associated with enforcing the requirements of this code.
18.54.110 Consideration of urban lot split map – Notice of decision.
After a complete application for an urban lot split map is filed with it, the Department of Community Development shall ministerially approve or disapprove such map. The time limit specified in this paragraph may be extended by mutual consent of the applicant and the City. If the urban lot split map is disapproved, the reasons therefor shall be stated in the notice of disapproval.
18.54.120 Disapproval of urban lot split map.
The Department of Community Development shall not approve an urban lot split map under any of the following circumstances:
Attachment 1
7 A. The land proposed for division is a lot or parcel which was part of an urban lot split map that the City previously approved.
B. The subdivision proposes creation of more than two lots or more than four units total among the two lots.
C. The Department of Community Development finds that the urban lot split map does not meet the requirements of this code or that all approvals or permits required by this code for the project have not been given or issued.
D. Based on a preponderance of the evidence, the building official finds that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
E. The urban lot split’s failure to comply with applicable, objective requirements imposed by the Subdivision Map Act and this title. Any decision to disapprove an urban lot split map shall be accompanied by a finding identifying the applicable, objective requirements imposed by the Subdivision Map Act and this title.
18.54.130 Transmittal of urban lot split map to County Recorder.
After the approval by the City of an urban lot split map, the applicant or its agent shall transmit the map to the County Recorder. An urban lot split subject to Section 66493 of the Subdivision Map Act shall be processed in compliance with Government Code Section 66464(b).
18.54.140 Correction and amendment of urban lot split map.
Corrections of and amendments to the urban lot split map shall be made pursuant to Section 66469 et seq. of the Act.
18.54.150 Additional subdivisions prohibited.
No further subdivision of parcels created using the urban lot split subdivision procedures of this chapter shall be permitted.
18.54.160 Residential developments in single-family zones.
A. Purpose and Findings.
1. The purpose of this section is to provide regulations for the establishment of two-unit residential developments in single-family residential zones and to define an approval process for such two-unit residential developments consistent with Government Code Sections 65852.21, or any successor statute. The intent of this section is to provide opportunities for more housing in existing single-family residential zones as mandated by state law. It is also the goal to provide development standards to ensure the orderly development of these units in appropriate areas of the City.
2. 87 percent of Imperial Beach lies within the Coastal Zone and the City’s Local Coastal Program Land Use Plan was certified by the California Coastal Commission in 1984. The City is bordered on the north by a U.S. Naval Communication Station within the City of Coronado’s jurisdiction and the southern shore of San Diego Bay, on the east by the City of San Diego, on the south by the Tijuana River National Estuarine Research Reserve
Attachment 1
8 and the U.S./Mexican border, and on the west by the Pacific Ocean. The annual visitors, coupled with historic development patterns of the City has created a significant impact on the City’s limited parking supply in the Coastal Zone that would be exacerbated by allowing two-unit residential developments to be built without certain parking requirements, as it would shift residential parking from on-site to on-street. The City’s Certified Local Coastal Program mandates certain parking requirements to be met, including the number of offstreet parking spaces for dwellings, to ensure and maintain public access to the coast.
The California Coastal Act of 1976 is neither superseded nor in any way altered or lessened as provided for in Government Code Section 65852.21(k), except that the City shall not be required to hold public hearings for coastal development permit applications for a two-unit residential development pursuant to this section.
3. Two-unit residential developments are residential uses consistent with the uses permitted in zones that allow for single-family residential development.
4. A housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing unit.
5. For the purposes of this section, “unit” means any dwelling unit, including, but not limited to, a unit or units created pursuant to Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in Section 65852.2, or a junior accessory dwelling unit as defined in Section 65852.22.
6. Government Code Section 65852.21 preempts the density limitations established by the General Plan and the underlying zones in which two-unit residential developments created pursuant to the requirements of this subsection are permitted. Incompatibility with the City’s density limitations shall not provide a basis to deny a two-unit residential development that otherwise conforms to the requirements of this section.
B. A two-unit residential development containing no more than two residential units within a singlefamily residential zone shall be considered ministerially, without discretionary review or a hearing, if the proposed housing meets all of the standards set forth below. For purposes of this section, a two-unit residential development contains two residential units if the development proposes two new units or if it proposes to add one new unit to one existing unit.
1. If a parcel includes an existing single-family home, one additional unit of not more than 800 square feet in floor area may be developed pursuant to this section. No more than 25 percent of the existing exterior structural walls shall be demolished to create the two-unit residential development, unless the existing single-family home has not been occupied by a tenant in the last three years.
2. If a parcel does not include an existing single-family home, or if an existing single-family home is proposed to be demolished in connection with the creation of a two-unit residential development, two units of not more than 800 square feet in floor area each may be developed pursuant to this section.
3. Each unit in a two-unit residential development shall be separated by a distance of at least ten feet from any other structure on the parcel; however, units may be adjacent or connected if the structures meet building code safety standards and are sufficient to allow separate conveyance.
Attachment 1
9 4. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. Unit means any dwelling unit, including, but not limited to a primary dwelling unit, a unit created under this section, an ADU, or a JADU. If a parcel was created subject to the urban lot split subdivision provisions of this chapter and includes an existing or proposed two-unit development, then no accessory dwelling units or junior accessory dwelling units are permitted on the parcel. If a parcel was created subject to the urban lot split subdivision provisions of this chapter and includes one primary dwelling unit only, then one accessory dwelling unit or one junior accessory dwelling unit for each primary dwelling unit is permitted. New ADUs that are provided on parcels that have been created as part of an urban lot split must meet the development criteria provided in this chapter, and the development standards for JADUs may be provided subject to the development standards in Government Code Sections 65852.2 and 65852.22.
5. A lot that is not created by an urban lot split may have a two-unit residential development under this section plus any ADU or JADU that is specifically allowed under state law and the City’s ordinance. New ADUs must meet the development criteria provided in this chapter, and the development standards for JADUs may be provided subject to the development standards in Government Code Sections 65852.2 and 65852.22.
C. A two-unit residential development shall be prohibited in each of the following circumstances:
1. The two-unit residential development would require demolition or alteration of any of the following types of housing:
a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
c. Housing that has been occupied by a tenant in the last three years. An applicant for a two-unit residential development must demonstrate whether any existing housing on the parcel was owner occupied or vacant to the Community Development Director’s satisfaction.
2. The parcel subject to the proposed housing development is a parcel on which an owner of residential real property has exercised the owner’s rights under Government Code Section 7060 et seq. to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
3. The proposed housing development proposes to demolish more than 25 percent of the existing exterior structural walls of an existing dwelling unless the site has not been occupied by a tenant in the last three years.
4. The parcel subject to the proposed housing development is located within a historic district or property included on the State Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
Attachment 1
10 5. The two-unit residential development is on a parcel that does not meet the requirements of paragraph (2) of subdivision (a) of Government Code section 65852.21 or any successor provision thereof.
6. The two-unit residential development would cause there to be more than four total units – including primary dwelling units, accessory dwelling units, and/or junior accessory dwelling units – on any single parcel or on any two parcels that were created using the urban lot split subdivision provisions of this chapter.
D. Any construction of a two-unit residential development shall conform to all property development regulations of the zone in which the property is located including, but not limited to, height limits, stories, setback, lot coverage, landscaping, usable open space, off-street parking, and floor area ratio (FAR), as well as all fire, health, safety and building provisions of this code, subject to the following exceptions:
1. No setback shall be required for an existing structure, or a structure constructed in the same location and to the same dimensions as an existing structure. Verification of size and location of the existing and proposed structure by City staff requires the applicant to provide pre- and post-construction surveys by a California licensed land surveyor to the City’s satisfaction.
2. For all other dwelling units proposed in connection with a two-unit residential development, a minimum setback of four feet, or the applicable setback for the zone district, whichever is less, is required from the rear and side property lines.
3. Limits on lot coverage, floor area ratio, landscaping, usable open space, and unit size must permit two units of 800 square feet in connection with a two-unit residential development. Any waivers or reductions of development standards shall be the minimum waiver or reduction necessary to avoid physically precluding two units of 800 square feet in floor area. No waivers or reductions to applicable requirements regarding height, stories, off-street parking, usable open space, landscaping, or front yard setbacks shall be approved unless the applicant demonstrates to the Community Development Director’s satisfaction that there is no other way to physically accommodate two 800-square foot units on the site.
4. New dwelling units proposed in connection with a two-unit residential development shall not exceed 16 feet and one story in height.
5. New dwelling units proposed in connection with a two-unit residential development shall demonstrate compliance with other city departments, governmental agencies or special districts as may be deemed appropriate or necessary by the Community Development Director in order to carry out the provisions of this code.
6. All dwelling units created in connection with a two-unit residential development shall have independent exterior access.
7. For applications that do not involve an urban lot split subdivision pursuant to this chapter, one of the dwellings on the lot must be the bona fide principal residence of at least one legal owner of the lot containing the dwelling, as evidenced at the time of approval of the two-unit residential development by appropriate documents of title and
Attachment 1
11 residency. Prior to the issuance of a building permit, the applicant shall provide evidence that a covenant has been recorded stating that one of the dwelling units on the lot shall remain owner occupied.
8. Two-unit residential developments shall only be used for rentals of terms of longer than thirty days.
9. To ensure compliance with the provisions of the California Coastal Act of 1976 and the approved Land Use Plan of the City’s Certified Local Coastal Program, the following parking requirements apply:
a. For lots within the Coastal Zone as defined in Section 19.04.245 of this code, parking spaces for new units shall be provided in accordance with Chapter 19.48. b. For lots outside of the Coastal Zone as defined in Section 19.04.245 of this code, off-street parking of up to one space per unit is required, except that parking will not be required in either of the following instances:
1. The parcel is located within one-half mile walking distance of either a highquality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code.
2. There is a car share vehicle located within one block of the parcel. c. If a two-unit residential development replaces an existing garage or other required parking, replacement spaces shall be provided in accordance with the requirements of the underlying zone.
10. When a two-unit residential development dwelling unit is proposed on a parcel with an existing single-family dwelling unit, the new unit shall utilize the same exterior materials and colors as the existing dwelling unit.
11. Two-unit residential developments shall provide a new or separate utility connection directly between each dwelling unit and the utility. The connection may be subject to a connection fee or capacity charge.
12. Two-unit residential developments shall be required to provide fire sprinklers.
E. Applications for two-unit residential developments conforming to the requirements of this section shall be considered ministerially without discretionary review or a hearing by the director of community development. Incomplete applications will be returned with an explanation of what additional information is required. Any approval must require the owner and applicant to hold the City harmless from all claims and damages related to the approval and its subject matter. Any approval must require the owner and applicant to reimburse the City for all costs of enforcement, including attorney’s fees and costs associated with enforcing the requirements of this code.
F. A proposed two-unit residential development may be denied if the Building Official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon public health
Attachment 1
12 and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
G. Prior to the issuance of a building permit for a two-unit residential development dwelling unit, the property owner shall record a covenant with the County Recorder’s Office, the form and content of which is satisfactory to the City Attorney which includes the restrictions of this chapter and applicable state law. Among other things, the covenant shall notify future owners of the owner occupancy requirements, the approved size and attributes of the units, and minimum rental period restrictions. The covenant shall also reflect the number of units approved and provide that no more than the allowable total units may be created on any single parcel or on any two parcels created using urban lot split subdivision procedures. The covenant shall include the development standards for any new units. New ADUs must meet the development criteria provided in this chapter and the development standards for JADUs may be provided subject to the development standards in Government Code Sections 65852.2 and 65852.22. If an urban lot split subdivision was approved, the covenant shall provide that no variances shall be permitted other than those code deviations expressly allowed by this chapter. This covenant shall remain in effect so long as a two-unit residential development exists on the parcel.
H. In cases of conflict between this section and any other provision of this title, the provisions of this section shall prevail. To the extent that any provision of this section is in conflict with state law, the applicable provision of state law shall control, but all other provisions of this section shall remain in full force and effect.
Section 3. Section 18.44.020 of the Imperial Beach Municipal Code is hereby amended to read as follows:
Any person proposing to create a minor subdivision pursuant to this chapter shall file with the City Planner a tentative parcel map pursuant to the provisions of this title. The City Engineer shall not certify a parcel map pursuant to Section 66450 of the Subdivision Map Act unless prior thereto a tentative parcel map of the minor subdivision shown thereon shall have been filed with and approved by the City Planner, or on appeal by the City Council unless the subdivision is being filed under the provisions of Government Code Section 66411.7.
Section 4. Section 18.48.010 of the Imperial Beach Municipal Code is hereby amended to read as follows:
Except as otherwise provided in this title, and subject to the provisions of the Subdivision Map Act, all minor subdivisions shall meet the dedication, improvement, fee and other requirements applicable to major subdivisions pursuant to Chapters 18.16 through 18.36 and
18.60. In addition to the above requirements, minor subdivisions pursuant to Government Code Section 66411.7 should also follow the provisions of Chapter 18.54.
Section 5. Section 18.52.010 of the Imperial Beach Municipal Code is hereby amended to read as follows:
All parcel maps shall conform to the requirements of the Subdivision Map Act and this chapter and also shall conform to the requirements specified in the report of the City Planner approving or conditionally approving the tentative parcel map, unless an appeal is made by the subdivider to the City Council and the City Council modifies, rejects, or overrules the recommendations of the City Planner, in which event the map also shall conform to the requirements of the City Planner as modified by the City Council and the requirements imposed
Attachment 1
13 by the Council. All parcel maps shall be in the form and shall contain the data prescribed in the rules and regulations prescribed by the City Planner and approved by the City Council. Parcel Maps filing under the provisions of Government Code Section 66411.7 should also follow the provisions of Chapter 18.54.
Section 6. Section 18.08.010 of the Imperial Beach Municipal Code is hereby amended by adding two new definitions to the section to be included in alphabetical order consistent with the section:
“Two-unit residential development” is a housing development that contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing unit
An “urban lot split” is the subdivision of an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
Section 7. The City Council finds that this Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Government Code Sections 65852.21(j) and 66411.7(n) because the adoption of an ordinance to implement SB 9 shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
Section 8. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Chapter, or its application to any person or circumstance, if for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Chapter, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases hereof be declared invalid or unenforceable.
EFFECTIVE DATE: This Ordinance shall be effective thirty (30) days after its adoption.
Within fifteen (15) days after its adoption, the City Clerk of the City of Imperial Beach shall cause this Ordinance to be published pursuant to the provisions of Government Code Section 36933.
INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of Imperial Beach, held on the 16th day of February 2022, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Imperial Beach, California, held on the 2nd day of March 2022 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
SERGE DEDINA, MAYOR
ATTEST:
Attachment 1
14 JACQUELINE M. KELLY, MMC
CITY CLERK
APPROVED AS TO FORM:
JENNIFER LYON
CITY ATTORNEY
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March 2, 2022
ITEM TITLE: GENERAL PLAN 2021 ANNUAL PROGRESS REPORT
ORIGINATING DEPARTMENT:
Community Development
EXECUTIVE SUMMARY:
Pursuant to Government Code Section 65400, local jurisdictions are required to transmit annual progress reports (APR) to the Office of Planning and Research (OPR) and to the Housing and Community Development (HCD) by April 1 each year regarding their general plans and, particularly, their housing elements.
RECOMMENDATION:
That the City Council received the 2021 annual progress report.
OPTIONS:
In addition to receiving this report and adopting staff’s recommendations, the City Council can:
Not receive the 2021 annual progress report and provide further direction to city staff to make alterations or changes to the submitted GP APR and Housing Element APR; or Request additional information.
BACKGROUND/ANALYSIS:
Government Code Section 65400 requires the city to annually prepare a report, the General Plan Annual Progress Report (GP APR), regarding the status of the City’s General Plan/Local Coastal Program (GP/LCP) and progress in its implementation and provide the GP APR to the Office of Planning and Research (OPR) and the Department of Housing and Community Development (HCD). The GP APR provides for the annual review of the General Plan to assess the level of implementation and effectiveness of the General Plan as a guide for orderly growth and development, preservation and conservation of open-space land and natural resources, and the efficient expenditure of public funds. The GP APR also provides information regarding the City’s progress in meeting its share of regional housing needs (RHNA).
The General Plan is the City’s official policy that guides decisions affecting future physical development and change within the City. The current General Plan/Local Coastal Program was adopted on October 19, 1994, after Proposition P was passed as a voter initiative in 1992 that downzoned and de-intensified development standards. The General Plan contains the seven State-required elements, and three optional elements as follows: Circulation (Mobility) Element, Conservation and Open Space Element, Design Element (optional), Public Facilities and Services
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Element (optional), Housing Element, Land Use Element, Noise Element, Parks, Recreation and Access Element (optional), and Safety Element.
Significant changes have occurred in state planning issues and requirements since the 1994 document was adopted. Policies that anticipated a decreased military presence in the early 1990’s were rendered inapplicable after the terrorist attack in 2001 where an expansion of military activities has taken place in our community. School populations that now are trending downward prompts the need to have old policies changed that had discussed the need for increased school facilities in the early 1990’s when school attendance increased.
The passage of AB 32 (the Global Warming Solutions Act of 2006) had a significant impact on planning priorities by raising awareness of the issue of climate change and providing requirements and programs to address it. The need to reduce Greenhouse Gas (GHG) emissions now call for less reliance on the use of fossil-fueled automobiles and its need for parking and roadway use.
State policies and programs now encourage alternative mobility modes such as walking, bicycling, and transit use. With Imperial Beach being a coastal city, sea level rise (SLR) raised the awareness that policies related to coastal uses and adaptation strategies had to be examined. A sea level rise study was completed in 2016 (MF 1025) to inform the City on the need to translate those findings into new policies that would make Imperial Beach more resilient in the face of climate change. The City continues to prioritize adaptation planning efforts by focusing on changing its existing policies to address these new issues. With Coastal Commission funding, the City initiated (MF 1234) its General Plan/ Local Coastal Program (GP/LCP) to respond to the newer state requirements that mandate cities to address climate change. While this GP/LCP update is still in progress, the Mobility Element, Climate Action Plan (CAP), and Negative Declaration for the 2018 RIB GP/LCP were adopted by the City Council on July 17, 2019.
Additionally, starting in 2017 and continuing to date, the passage of numerous housing bills has further impacted planning priorities placing a significant emphasis on addressing the housing shortage by amending state law to facilitate and incentivize the development of dwelling units to increase the housing supply throughout the state. The city has prioritized the facilitation of increasing the City’s housing stock by drafting and adopting ordinances to meet state requirements and by updating the Housing Element. The 2021 – 2029 Sixth Cycle Housing Element was adopted by the City Council on June 16, 2021 and certified by the California Housing and Community Development (HCD) Department on September 20, 2021.
Furthermore, the unprecedented COVID-19 crisis is expected to have long-lasting impacts that will significantly influence planning priorities in the future. While the environmental and immediate socio-economic impacts are already influencing recovery and adaptation plans and policies, the dynamics of the pandemic in urban and developed areas are still being explored and will alter the policies and direction of the City moving forward. It is intended that policies would be revised in future updates to address the subsequent findings related to COVID-19.
PROJECT EVALUATION:
Rather than reporting on the implementation of the general plan that is 25 years old, the report notes that many elements and policies are being revised with the current 2018 Resilient Imperial Beach (2018 RIB) GP/LCP update project in order to comply with new state requirements that have been enacted since the adoption of the current 1994 General Plan/Local Coastal Program and with new criteria required by SANDAG, such as the adoption of a Complete Streets policy and a Climate Action Plan (CAP) in order to compete for grants. The Mobility Element, CAP, and Negative Declaration for the 2018 RIB GP/LCP was adopted by the City Council on July 17, 2019.
The 2021 – 2029 Sixth Cycle Housing Element was adopted by the City Council on June 16, 2021 and certified by the California Housing and Community Development (HCD) Department on September 20, 2021.
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COASTAL JURISDICTION DETERMINATION:
This annual report requirement applies to jurisdictions within or outside of the coastal zone.
ENVIRONMENTAL DETERMINATION:
This report transmittal is not defined as a project pursuant to CEQA Guidelines § 15378.
FISCAL IMPACT:
There is no fiscal impact associated with this report. Staff time was devoted to gathering annual data on planning activities for this report.
ATTACHMENTS:
1. 2021 General Plan Annual Progress Report
2. 2021 Housing Element Annual Progress Report
Attachment 1
2021 General Plan/
Local Coastal Program
Annual Progress Report
Presented to the City Council:
March 2, 2022
Attachment 1
Attachment 1
TABLE OF CONTENTS
PAGE
INTRODUCTION 3
GENERAL PLAN IMPLEMENTATION 4,5
Circulation Element
Conservation and Open Space Element
Design Element
Facilities and Services Element
Housing Element
Land Use Element
Noise Element
Parks, Recreation and Access Element
Safety Element
COMPLIANCE WITH OPR 2017 GUIDELINES 5
UPDATES TO THE GENERAL PLAN 5
PLANNING PRIORITIES 5
PLANNING PROPOSALS 5
OTHER PLANNING CONSIDERATIONS 5-7
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INTRODUCTION
Government Code Section 65400 requires the city to annually prepare a report, the General Plan Annual Progress Report (GP APR), regarding the status of the City’s General Plan/Local Coastal Program (GP/LCP) and progress in its implementation, and provide the GP APR to the Office of Planning and Research (OPR) and the Department of Housing and Community Development (HCD). The GP APR provides for the annual review of the General Plan to assess the level of implementation and effectiveness of the General Plan as a guide for orderly growth and development, preservation and conservation of open-space land and natural resources, and the efficient expenditure of public funds. The GP APR also provides information regarding the City’s progress in meeting its share of regional housing needs (RHNA).
The General Plan is the City’s official policy that guides decisions affecting future physical development and change within the City. The current General Plan/Local Coastal Program was adopted on October 19, 1994, after Proposition P was passed as a voter initiative in 1992 that downzoned and de-intensified development standards. The General Plan contains the seven State-required elements, and three optional elements as follows: Circulation (Mobility) Element, Conservation and Open Space Element, Design Element (optional), Public Facilities and Services Element (optional), Housing Element, Land Use Element, Noise Element, Parks, Recreation and Access Element (optional), and Safety Element.
Significant changes have occurred in state planning issues and requirements since the 1994 document was adopted. Policies that anticipated a decreased military presence in the early 1990’s were rendered inapplicable after the terrorist attack in 2001 where an expansion of military activities has taken place in our community. School populations that now are trending downward prompts the need to have old policies changed that had discussed the need for increased school facilities in the early 1990’s when school attendance increased.
The passage of AB 32 (the Global Warming Solutions Act of 2006) had a significant impact on planning priorities by raising awareness of the issue of climate change and providing requirements and programs to address it. The need to reduce Greenhouse Gas (GHG) emissions now call for less reliance on the use of fossil-fueled automobiles and its need for parking and roadway use.
State policies and programs now encourage alternative mobility modes such as walking, bicycling, and transit use. With Imperial Beach being a coastal city, sea level rise (SLR) raised the awareness that policies related to coastal uses and adaptation strategies had to be examined. A sea level rise study was completed in 2016 (MF 1025) to inform the City on the need to translate those findings into new policies that would make Imperial Beach more resilient in the face of climate change. The City continues to prioritize adaptation planning efforts by focusing on changing its existing policies to address these new issues. With Coastal Commission funding, the City initiated (MF 1234) its General Plan/ Local Coastal Program (GP/LCP) to respond to the newer state requirements that mandate cities to address climate change. While this GP/LCP update is still in progress, the Mobility Element, Climate Action Plan (CAP), and Negative Declaration for the 2018 RIB GP/LCP were adopted by the City Council on July 17, 2019.
Additionally, starting in 2017 and continuing to date, the passage of numerous housing bills has further impacted planning priorities placing a significant emphasis on addressing the housing shortage by amending state law to facilitate and incentivize the development of dwelling units to increase the housing supply throughout the state. The city has prioritized the facilitation of increasing the City’s housing stock by drafting and adopting ordinances to meet state requirements and by updating the Housing Element. The 2021 – 2029 Sixth Cycle Housing Element was adopted by the City Council on June 16, 2021 and certified by the California Housing and Community Development (HCD) Department on September 20, 2021.
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COVID-19
The unprecedented COVID-19 crisis is expected to have long-lasting impacts that will significantly influence planning priorities in the future. While the environmental and immediate socio-economic impacts are already influencing recovery and adaptation plans and policies, the dynamics of the pandemic in urban and developed areas are still being explored and will alter the policies and direction of the City moving forward. It is intended that policies would be revised in future updates to address the subsequent findings related to COVID-19.
GENERAL PLAN IMPLEMENTATION
Circulation (Mobility) Element. To address the requirements of AB 1358 (The Complete Streets Act of 2008) the Circulation Element was revised and renamed to the Mobility Element. The Mobility Element was adopted by City Council on July 17, 2019. The Imperial Beach Boulevard Enhancement Project completed construction in accordance with the amendment to both the Circulation Element (MF 1288) that was approved by the City Council and certified by the Coastal Commission as well as the adopted Mobility Element. The IB Blvd. enhancement project incorporated green infrastructure, which provided the two-fold benefit of both mitigating the production of GHG emissions and providing extra resilience against the effects of global warming in the City. The project scope included the reconstruction of the bulk of Imperial Beach Boulevard between Seacoast Drive and 14th Street, including the narrowing and reallocation of vehicle lanes to promote traffic calming and installation of Class II Bike Lanes, controlled crosswalks with flashing beacons, ADA compliant pedestrian ramps, additional amenities to bus stops, low impact development planters, wider sidewalks, improved aesthetic features along the Tijuana Estuary, and a unified design theme to enhance the user experience. In accordance with the requirements of SB 743 which requires that traffic impacts no longer be analyzed on the basis of level of service (LOS) but rather on vehicle miles traveled (VMT), on February 17, 2021, the City adopted revised Traffic Impact Guidelines that established thresholds of significance using VMT methodology. To further implement the complete streets policies of the Mobility Element, the city has obtained an Active Transportation Program grant to improve the 9th Street corridor with ADA improvements, bicycle lanes, and green infrastructure.
Conservation and Open Space Element. Virtually all of the valuable habitat areas in Imperial Beach are protected through existing open space zoning and habitat setback requirements.
These areas, however, are threatened with future sea level rise and climate change. A Climate Understanding and Resiliency in the River Valley (CURRV) study was done for the Tijuana River Valley to assess its vulnerabilities and identify adaptation strategies from its impacts.
Design Element This element is being revised as part of the current LCP amendment process.
Facilities and Services Element. A number of changes since 1994 have occurred that prompted the need to revise this element as part of the current LCP amendment process.
Housing Element The 2013-2021 Fifth Cycle Housing Element (MF 1060) was adopted by the City Council on January 23, 2013 and certified by the California Housing and Community Development (HCD) Department on February 21, 2013. Many of the affordable housing projects in Imperial Beach were funded with redevelopment funds from the redevelopment agency that has now been abolished with the passage of AB 26 (effective in 2012). Many cities as a result, including Imperial Beach, struggle to meet its Regional Housing Needs Assessment (RHNA) targets. The HE APR was previously transmitted to HCD. In the past year, the 2021 – 2029 Sixth
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Cycle Housing Element was adopted by the City Council on June 16, 2021 and certified by the California Housing and Community Development (HCD) Department on September 20, 2021.
Land Use Element This element is under revision with the LCP Update project.
Noise Element Imperial Beach had been impacted with helicopter noise from the Naval Outlying Landing Field (NOLF) for decades. When the San Diego County Regional Airport Land Use Commission (created in 2003) was charged with updating the Airport Land Use Compatibility Plan (ALUCP) for all airports in San Diego County, an updated Air Installation Compatible Use Zone (AICUZ) study was released in 2012 by the US Navy for Naval Air Station North Island (NASNI) and Naval Outlying Land Field Imperial Beach (NOLF-IB). This study was incorporated into the ALUCP for Imperial Beach and the Airport Authority adopted the ALUCP on October 15, 2015.
Changes to the GP/LCP to provide overflight notification will be required of the City and is programmed to be updated. There were not sufficient grant funds to conduct a separate noise study for local roadways.
Parks, Recreation and Access Element. This element is being revised as part of the current LCP amendment process.
Safety Element This element is being revised as part of the current LCP amendment process to address the requirements of SB 379 (Multi-jurisdiction Hazard Mitigation Plan).
COMPLIANCE WITH OPR GUIDELINES. The updated 2017 General Plan Guidelines provides local jurisdictions with guidance on addressing new issues such as environmental justice considerations, climate change/sea level rise impacts, collaborative planning with the military lands and facilities, and consultation with Native American tribes. The current 1994 GP/LCP is out of compliance with the 2017 General Plan Guidelines which is the reason for undertaking the current update effort. The City reached out to environmental justice organizations, Navy Region Southwest, and Native American tribes requesting them to participate in our community meetings and offer comment on the proposed LCP amendments. However, they have not attended any of the City’s meetings. During our sea level rise studies, the US Navy did serve on the steering committee.
PLANNING PRIORITIES.
Priorities for land use decision making that have been established by the local legislative body include the 2018 Resilient Imperial Beach (RIB) update to the GP/LCP to address climate change/sea level rise impacts and affordable housing requirements.
PLANNING PROPOSALS.
Goals, policies, objectives, standards or other plan proposals that need to be amended include the 2018 Resilient Imperial Beach (RIB) update to the GP/LCP, originally funded by a grant from the Coastal Commission (MF 1234) to address climate change/sea level rise impacts.
OTHER PLANNING CONSIDERATIONS.
Major Developments. Among the major developments, a new mixed-use project (MF 1380) with six residential units and a mixed-use building as well as a new two story commercial project both fronting the Design Review Corridor Seacoast Drive received the project entitlements and are in the process of obtaining the building permits for construction.
Intergovernmental Coordination. The City has collaborated with the Unified Port District of San Diego on projects within the tidelands. The City coordinates with SANDAG on its regional
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shoreline management program. The City has also collaborated with the US Navy on its Coastal Campus project which is on the northern border of the city limits. The City has also collaborated with SDG&E to install four new publicly available EV charging stations at Sports Park as well as with the Port of San Diego to repair an existing EV charging station.
Infill development, reuse, and redevelopment. Imperial Beach is a built-out city and any new development is basically infill and redevelopment. Although redevelopment funds through AB 26 were lost, commercial redevelopment and affordable housing projects are being proposed.
Environmental Resource Protection. The valuable environmental habitat in Imperial Beach is designated Open Space and is protected in the Tijuana River Valley by the Tijuana River National Estuarine Research Reserve. The City’s beaches have always been regarded as valuable environmental and economic resources. These resources are threatened by climate change and sea level rise. The City filed legal action against the major fossil fuel companies for their role on climate change and the City also filed legal action against the federal government for not adequately mitigating the cross-border sewage pollution occurring in the Tijuana River Valley.
Economic development. In 2005, an Ecotourism study was commissioned by the City to identify what markets Imperial Beach could realistically capture in order to prosper. The study recommended that the City should focus on recreational tourism and ecotourism and that public and private infrastructure (hotels and restaurants) be pursued to accommodate this market niche.
Additionally, reduction in zoning requirements were enacted in order to encourage commercial development. The city has developed a website and marketing materials to promote economic development within the City. A 100-guest room Hampton Inn hotel was constructed, a vertical mixed-use project Blue Wave (MF 1307) with 47-hotel rooms, 51-residential units (2 of which would be designated for very low income, though no density bonus is proposed), and approximately 6,680 square feet of commercial space received entitlements and is in the process of obtaining building permits, a mixed-use project with six residential units and a mixed-use structure has also obtained entitlements and is in the process of obtaining building permits. A new two-story commercial structure fronting a Design Review Corridor, Seacoast Drive has obtained entitlements and is in the process of applying for building permits.
Monitoring long-term growth. Since Imperial Beach is a built-out community, there is limited vacant land available for large scale development, except for the redevelopment of large properties (e.g. Bernardo Shores/Bayside Landing).
Grants administration. With a $300,000 Climate Ready grant from the Coastal Conservancy and a $70,000 grant from the San Diego Foundation, the City completed its Sea Level Rise study (MF 1025) in 2016. In addition to the LCP update that is funded by a $225,000 LCP grant from the Coastal Commission, the City completed the Palm Avenue/SR 75 traffic-calming project (MF 1171; funded with $400,000 SANDAG grant) and the traffic calming project for Imperial Beach Boulevard will begin construction with partial funding through a grant from SANDAG. A $160,000 Senate Bill 2 Grant was awarded to the City and will be utilized to 1) conduct housing analyses that would be used to develop online resources and promote the development of housing; 2) prepare an Accessory Dwelling Unit Ordinance; 3) update the City’s traffic impact analysis to transition from Level of Service methodology to Vehicle Miles Traveled; and 4) institute a new land management and permitting software that would streamline the application submittal process for housing projects. Additionally, a $150,000 Local Early Action Planning (LEAP) Grant was awarded to the City to 1) update the City Drainage Report and 2) update the 6th Cycle Housing Element.
2021 Imperial Beach General Plan Annual Progress Report Page 7 of 7 T:\Community Development\Master Files\MF 1440 - Annual Progress Report 2021\City Council Meeting 030222\Attachment 1 2021 IB General Plan APR.docx
Technology review. The City website was updated, a new land management and building permit software (Energov) was developed in 2020 and went live for the public in February 2021, updated LIDAR data was incorporated into our Geographic Information System (GIS), and an economic development website was developed and made available to the public.
Jurisdiction Imperial Beach ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 04/15/2021 - 04/15/2029
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining
2 3 4 6 7 8 9
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted+
(see
instructions)
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome
Non Deed
Restricted
Above
ModerateIncome
Total PROPOSED
Units by Project
Total
APPROVED
Units by project
Total
DISAPPROVED
Units by Project
Was APPLICATION
SUBMITTED
Pursuant to GC
65913.4(b)?
(SB 35
Streamlining)
Was a Density
Bonus requested
for this housing
development?
Summary Row: Start Data Entry Below 1 0 0 0 0 0 69 70 37 0 6252921300 386 Date Avenue Jeffries MF 1388 ADU R 1/4/2021 1 1 1 0 No No 6253921400 184 Imperial
Beach Blvd Ballard MF 1389 ADU R1/6/2021
1 1 1 0 No No
6254020200 231 Elkwood
Avenue Hoyt MF 1390 2 to 4 O 1/7/2021 1 1 1 0 No No
6261141100 1025 Cypress
Avenue
Roland MF 1393 2 to 4 O 1/25/2021 2 2 2 0 No No
6251030600 352 Bonito
Avenue
Vincent USE-21-0002 ADU R
2/23/2021
1 1 0 0 No No
6263761600 976 8th Street Gormican USE-21-0001 SFA O 2/23/2021 1 1 1 0 No No 6263761600 976 8th Street Gormican USE-21-0001 ADU R 2/23/2021 1 1 1 0 No No 6251922200 137 Dahlia
Avenue Sweeneey
USE-21-0004 2 to 4 O 3/11/2021 2 2 2 0 No No
6265210800 1058 10th Street Epstein USE-21-0006 ADU R 3/22/2021 1 1 1 0 No No 6263630200 847 Elm Avenue Mullins USE-21-0007 ADU R 3/22/2021 1 1 1 0 No No 6262122300 636 Emory Street Minicilli USE-21-0009 ADU R 4/5/2021 2 2 2 0 No No 6272100100 1003 13th Street Vetter USE-21-0013 SFD O 5/3/2021 1 1 0 0 No No 6272100100 1003 13th Street Vetter USE-21-0013 SFD R 5/3/2021 1 1 0 0 No No 6253520900 169 Evergreen
Avenue
SD Alpha
Development, LLC
USE-21-0017 SFD O 5/12/2021 1 1 1 0 No No
6253520900 169 Evergreen
Avenue
SD Alpha
Development, LLC
USE-21-0017 SFD O 5/12/2021 1 1 1 0 No No
6254304800 622 Imperial
Beach Blvd. Lara USE-21-0021 SFD O 6/7/2021 1 1 0 0 No No 6262630400 795 Delaware
Street
Crosby USE-21-0023 ADU R 6/9/2021 1 1 1 0 No No
6261413000 575 8th Street Becker USE-21-0024 SFD O 6/10/2021 1 1 1 0 No No 6261413000 575 8th Street Becker USE-21-0024 SFD R 6/10/2021 1 1 1 0 No No 6261413000 575 8th Street Becker USE-21-0024 SFD R 6/10/2021 1 1 1 0 No No 6264620500 935 Florence
Street Mendoza USE-21-0035 ADU R 6/28/2021 1 1 1 0 No No 6262710200 772 8th Street Beckwith USE-21-0041 ADU R 7/21/2021 1 1 1 0 No No 6253212400 646 Thorn Street Lam USE-21-0043 ADU R 8/18/2021 1 1 1 No No 6262422200 645 Florence
Street Dagher USE-21-0047 5+ R 11/18/2021 1 9 10 0 0 No Yes Table A
Housing Development Applications Submitted
Cells in grey contain auto-calculation formulas
1 5
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes (CCR Title 25 §6202)
Density Bonus
10 Attachment 2
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 2 3 5 6
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Entitlement
Date Approved # of Units issued
Entitlements
Summary Row: Start Data Entry Below 0 0 0 0 0 0 26 26
6263321900 812 12TH ST 20-0493 ADU R 0
6252431500 729 5TH ST 21-0036 ADU R 0
6265410800 1241 EBONY AVE 20-0545 ADU R 0
6262920500 843 10TH ST 20-0359 ADU R 0
6262920500 845 10TH ST 20-0360 ADU R 0
6252921300 386 DATE AVE 20-0548 ADU R 0
6262640100 757 DONAX AVE 20-0468 ADU R 0
6332310600
1428 HEMLOCK
AVE 20-0499 ADU R 0
6262122300 638 EMORY ST BLDR-21-0432 ADU R 1 8/10/2021 1 6262122300 636 EMORY ST BLDR-21-0430 ADU R 1 8/10/2021 1 6270110700 761 13TH ST 20-0257 ADU R 0
6253211700 605 SPRUCE ST BLDR-21-0051 ADU R 0
6253211700 1148 FLORENCE
ST BLDR-21-0245 ADU R 0
6250702100 543 5TH ST BLDR-21-0091 ADU R 0
6250700700 544 5TH ST BLDR-21-0459 ADU R 0
6330420700 1132 15TH ST 20-0137 ADU R 0
6264620500
935 FLORENCE
ST BLDR-21-0555 ADU R 1 8/30/2021 1
6263630200 847 ELM AVE BLDR-21-0315 ADU R 1 6/29/2021 1 6265220800 1062 11TH ST BLDR-21-0708 ADU R 0
6262710200 772 8TH ST BLDR-21-0523 ADU R 0
6262620500 736 DONAX AVE BLDR-21-0325 ADU R 0
6331710200 1417 GROVE AVE BLDR-21-0118 ADU R 0
6253030800 860 CORVINA ST BLDR-21-0089 ADU R 0
6322310700 710 HOLLY AVE BLDR-21-0129 ADU R 0
6250120300 137 CARNATION
AVE BLDR-21-0047 ADU R 0
6252020600 251 Dahlia Ave CO-21-0553 2 to 4 O 0
6254211300 374 IMPERIAL
BEACH BLVD
CO-21-0548/20-
0391 SFD O 0
6254211300 376 IMPERIAL
BEACH BLVD
CO-21-0549/20-
0392 SFD O 0
6261401500 914 10TH ST CO-22-1060 SFD O 0
6251922200 139 DAHLIA AVE BLDR-21-0578 2 to 4 O 1 8/20/2021 1 6251922200 137 DAHLIA AVE BLDR-21-0577 2 to 4 O 1 8/20/2021 1 6254020200 231 ELKWOOD
AVE BLDR-21-0159 2 to 4 O 1 2/25/2021 1
6254030200 212 IMPERIAL
BEACH BLVD BLDR-21-0117 2 to 4 O 1 1/22/2021 1
6254030200 214 IMPERIAL
BEACH BLVD BLDR-21-0122 2 to 4 O 1 1/22/2021 1
6252732100 119 DATE AVE 19-0637 2 to 4 O 0
6252732100 121 DATE AVE 19-0638 2 to 4 O 0
6261132200 575 11TH ST 20-0506 SFD O 0
6261132200 577 11TH ST 20-0507 SFD O 0
6261132200 573 11TH ST 20-0505 SFD O 0
6261141100 553 10th ST BLDR-21-0423 SFD O 1 7/28/2021 1 6261141100 413 DELAWARE
ST 19-0451 SFD O 0
6261141100 551 10th ST BLDR-21-0422 SFD O 1 7/28/2021 1 6322713300 1421 LOUDEN LN 20-0333 SFD O 0
1 4
Project Identifier Unit Types Affordability by Household Incomes - Completed Entitlement
6253921400 184 IMPERIAL
BEACH BLVD MF 1389 ADU
O1 10/14/2021
1 6263761600 976 8TH ST USE-21-0001 ADU
R1 7/15/2021
1 6263761600 976 8TH ST USE-21-0001 SFA
O1 7/15/2021
1 6265210800 1058 10th Street USE-21-0006 ADU
R1 5/25/2021
1 6262630400 795 Delaware
Street USE-21-0023 ADU
R1 6/28/2021
1 6261413000 575 8th Street USE-21-0024 SFD
O1 7/23/2021
1 6261413000 575 8th Street USE-21-0024 SFD
O1 7/23/2021
1 6261413000 575 8th Street USE-21-0024 SFD
O1 7/23/2021
1 6253212400 646 Thorn Street USE-21-0043 ADU
R1 10/7/2021
1 6252720100 801 SEACOAST
DR MF 1380 5+
O6 3/17/2021
6000000000000000000000000000000000000000000000000000000000000
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 8 9
Current APN Street Address Project Name+
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Building Permits
Date Issued
# of Units Issued
Building Permits
0 0 0 0 0 0 41 41
6263321900 812 12TH ST 1 5/5/2021 1
6252431500 729 5TH ST 1 4/28/2021 1
6265410800 1241 EBONY AVE 1 2/17/2021 1
6262920500 843 10TH ST 1 2/1/2021 1
6262920500 845 10TH ST 1 2/1/2021 1
6252921300 386 DATE AVE 1 10/25/2021 1
6262640100 757 DONAX AVE 1 1/20/2021 1
6332310600
1428 HEMLOCK
AVE 1 2/21/2021 1
6262122300 638 EMORY ST 1 9/16/2021 1
6262122300 636 EMORY ST 1 9/16/2021 1
6270110700 761 13TH ST 1 3/11/2021 1
6253211700 605 SPRUCE ST 1 5/3/2021 1
6253211700 1148 FLORENCE
ST 1 8/25/2021 1
6250702100 543 5TH ST 1 6/11/2021 1
6250700700 544 5TH ST 1 12/23/2021 1
6330420700 1132 15TH ST 1 11/22/2021 1
6264620500
935 FLORENCE
ST 1 11/1/2021 1
6263630200 847 ELM AVE 1 9/3/2021 1
6265220800 1062 11TH ST 1 12/27/2021 1
6262710200 772 8TH ST 1 10/7/2021 1
6262620500 736 DONAX AVE 1 8/11/2021 1
6331710200 1417 GROVE AVE 1 8/11/2021 1
6253030800 860 CORVINA ST 1 11/10/2021 1
6322310700 710 HOLLY AVE 1 8/12/2021 1
6250120300 137 CARNATION
AVE 1 5/27/2021 1
6252020600 251 Dahlia Ave 0
6254211300 374 IMPERIAL
BEACH BLVD 1 1/25/2021 1
6254211300 376 IMPERIAL
BEACH BLVD 1 1/25/2021 1
6261401500 914 10TH ST 0
6251922200 139 DAHLIA AVE 1 9/23/2021 1
6251922200 137 DAHLIA AVE 1 9/23/2021 1
7 Project Identifier Affordability by Household Incomes - Building Permits
6254020200 231 ELKWOOD
AVE
1 8/6/20211
6254030200 212 IMPERIAL
BEACH BLVD
1 10/28/20211
6254030200 214 IMPERIAL
BEACH BLVD
1 10/28/2021
1 6252732100 119 DATE AVE
1 7/21/2021
1 6252732100 121 DATE AVE1 7/21/20211
6261132200 575 11TH ST1 6/3/20211
6261132200 577 11TH ST1 6/3/20211
6261132200 573 11TH ST1 6/3/20211
6261141100 553 10th ST1 9/22/20211
6261141100 413 DELAWARE
ST
1 8/26/20211
6261141100 551 10th ST
1 9/22/2021
1 6322713300 1421 LOUDEN LN1 2/1/20211
6253921400 184 IMPERIAL
BEACH BLVD
0 6263761600 976 8TH ST0
6263761600 976 8TH ST0
6265210800 1058 10th Street
0 6262630400 795 Delaware
Street
0 6261413000 575 8th Street
0 6261413000 575 8th Street
0 6261413000 575 8th Street
0 6253212400 646 Thorn Street
0 6252720100 801 SEACOAST
DR
0000000000000000000000000000
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 11 12
Current APN Street Address Project Name+
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
0 0 0 0 0 0 9 9
6263321900 812 12TH ST 1 9/28/2021 1
6252431500 729 5TH ST 1 11/2/2021 1
6265410800 1241 EBONY AVE 1 10/20/2021 1
6262920500 843 10TH ST 0
6262920500 845 10TH ST 0
6252921300 386 DATE AVE 0
6262640100 757 DONAX AVE 0
6332310600
1428 HEMLOCK
AVE 0
6262122300 638 EMORY ST 0
6262122300 636 EMORY ST 0
6270110700 761 13TH ST 0
6253211700 605 SPRUCE ST 0
6253211700 1148 FLORENCE
ST 0
6250702100 543 5TH ST 0
6250700700 544 5TH ST 0
6330420700 1132 15TH ST 0
6264620500
935 FLORENCE
ST 0
6263630200 847 ELM AVE 0
6265220800 1062 11TH ST 0
6262710200 772 8TH ST 0
6262620500 736 DONAX AVE 0
6331710200 1417 GROVE AVE 0
6253030800 860 CORVINA ST 0
6322310700 710 HOLLY AVE 1 11/12/2021 1
6250120300 137 CARNATION
AVE 0
6252020600 251 Dahlia Ave 2 8/9/2021 2
6254211300 374 IMPERIAL
BEACH BLVD 1 7/22/2021 1
6254211300 376 IMPERIAL
BEACH BLVD 1 7/22/2021 1
6261401500 914 10TH ST 1 7/29/2021 1
6251922200 139 DAHLIA AVE 0
6251922200 137 DAHLIA AVE 0
Affordability by Household Incomes - Certificates of Occupancy 10 Project Identifier
6254020200 231 ELKWOOD
AVE
0 6254030200 212 IMPERIAL
BEACH BLVD
0 6254030200 214 IMPERIAL
BEACH BLVD
0 6252732100 119 DATE AVE0
6252732100 121 DATE AVE0
6261132200 575 11TH ST0
6261132200 577 11TH ST
0 6261132200 573 11TH ST0
6261141100 553 10th ST0
6261141100 413 DELAWARE
ST
0 6261141100 551 10th ST0
6322713300 1421 LOUDEN LN0
6253921400 184 IMPERIAL
BEACH BLVD
0 6263761600 976 8TH ST0
6263761600 976 8TH ST0
6265210800 1058 10th Street
0 6262630400 795 Delaware
Street
0 6261413000 575 8th Street
0 6261413000 575 8th Street
0 6261413000 575 8th Street
0 6253212400 646 Thorn Street
0 6252720100 801 SEACOAST
DR
0000000000000000000000000000
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Streamlining Infill
Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability
or Deed Restriction
13 14 15 16 17 18 19 20 21 22 23 24
Current APN Street Address Project Name+
How many of the
units were
Extremely Low
Income?+
Was Project
APPROVED using
GC 65913.4(b)?
(SB 35 Streamlining)
Y/N
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select multiple -
see instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/Dest
royed Units
Demolished or
Destroyed Units
Demolished/De
stroyed Units
Owner or
Renter
Total Density Bonus Applied to
the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
0 0 7 0
6263321900 812 12TH ST N Y 0
6252431500 729 5TH ST N Y 0
6265410800 1241 EBONY AVE N Y 0
6262920500 843 10TH ST N Y 0
6262920500 845 10TH ST N Y 0
6252921300 386 DATE AVE N Y 0
6262640100 757 DONAX AVE N Y 0
6332310600
1428 HEMLOCK
AVE N Y 0
6262122300 638 EMORY ST N Y 0
6262122300 636 EMORY ST N Y 0
6270110700 761 13TH ST N Y 0
6253211700 605 SPRUCE ST N Y 0
6253211700 1148 FLORENCE
ST N Y 0
6250702100 543 5TH ST N Y 0
6250700700 544 5TH ST N Y 0
6330420700 1132 15TH ST N Y 0
6264620500
935 FLORENCE
ST N Y 0
6263630200 847 ELM AVE N Y 0
6265220800 1062 11TH ST N Y 0
6262710200 772 8TH ST N Y 0
6262620500 736 DONAX AVE N Y 0
6331710200 1417 GROVE AVE N Y 0
6253030800 860 CORVINA ST N Y 0
6322310700 710 HOLLY AVE N Y 0
6250120300 137 CARNATION
AVE N Y 0
6252020600 251 Dahlia Ave N Y 1
6254211300 374 IMPERIAL
BEACH BLVD N Y 1
6254211300 376 IMPERIAL
BEACH BLVD N Y 0
6261401500 914 10TH ST N Y 0
6251922200 139 DAHLIA AVE N Y 1
6251922200 137 DAHLIA AVE N Y 0
6254020200 231 ELKWOOD
AVE N Y 1
6254030200 212 IMPERIAL
BEACH BLVD N Y 1
6254030200 214 IMPERIAL
BEACH BLVD N Y 0
6252732100 119 DATE AVE N Y 1
6252732100 121 DATE AVE N Y 0
6261132200 575 11TH ST N Y 0
6261132200 577 11TH ST N Y 0
6261132200 573 11TH ST N Y 0
6261141100 553 10th ST N Y 0
6261141100 413 DELAWARE
ST N Y 0
6261141100 551 10th ST N Y 0
6322713300 1421 LOUDEN LN N Y 0
6253921400 184 IMPERIAL
BEACH BLVD N Y 0
6263761600 976 8TH ST N Y 0
6263761600 976 8TH ST N Y 0
6265210800 1058 10th Street N Y 0
6262630400 795 Delaware
Street N Y 0
6261413000 575 8th Street N Y 0
6261413000 575 8th Street N Y 0
6261413000 575 8th Street N Y 1
6253212400 646 Thorn Street N Y 0
6252720100 801 SEACOAST
DR N Y 0
Housing with Financial Assistance
and/or Deed Restrictions Project Identifier Demolished/Destroyed Units Density Bonus
Jurisdiction Imperial Beach ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 04/15/2021 - 04/15/2029 (CCR Title 25 §6202) 1 3 4
RHNA Allocation
by Income Level 2021 2022 2023 2024 2025 2026 2027 2028 2029 Total Units to Date (all years)
Total Remaining
RHNA by Income
Level
Deed Restricted - - - - - - - - -
Non-Deed Restricted - - - - - - - - -
Deed Restricted - - - - - - - - -
Non-Deed Restricted - - - - - - - - -
Deed Restricted - - - - - - - - -
Non-Deed Restricted - - - - - - - - -
Above Moderate 798 41 - - - - - - - - 41 757
1,329
41 - - - - - - - - 41 1,288
Note: units serving extremely low-income households are included in the very low-income permitted units totals and must be reported as very low-income units.
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected]. 183
-
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
- Moderate
225
123
183
Please contact HCD if your data is different than the material supplied here -
2 Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
225
123
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will include units that were permitted since the start of the planning period.
Total RHNA
Total Units
Income Level
Very Low
Low
Jurisdiction Imperial Beach ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 04/15/2021 - 04/15/2029
Date of Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of Rezone Very LowIncome Low-Income Moderate-Income Above ModerateIncome Rezone Type Parcel Size
(Acres)
General Plan
Designation Zoning Minimum Density Allowed
Maximum
Density Allowed
Realistic
Capacity Vacant/Nonvacant Description of Existing Uses
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Summary Row: Start Data Entry Below
3 8
Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C
(CCR Title 25 §6202)
Jurisdiction Imperial Beach
Reporting Year 2021 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Program 1: Home Repair
Program for OwnerOccupied Property
Continue to promote the County's Home
Repair Program for Owner-Occupied
Property to residents and property
owners
through dissemination of brochures at
public counters, providing information
on
City website, and referring residents and
property owners to the County of San
Diego, Department of Community
Development
Ongoing monitoring and
reporting Ongoing monitoring and reporting
Program 2: Neighborhood
Improvements
Annually apply to the San Diego Urban
County for CDBG funds. Complete 16
infrastructure improvement projects that
serve lower income neighborhoods by
2021
annual Funds are applied for annually and utilized primarily for infrastructure improvement projects that serve lower income neighborhoods.
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.
Table D
Program Implementation Status pursuant to GC Section 65583
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
Program 3: Clean and
Green
Publicize City program on website and
at
public counters.
Assist 30 lower and 30 moderate income
households by 2021
ongoing program closed out due to elimination of redevelopment Program 4: Conservation
of Existing and Future
Affordable Units
Monitor Units at Risk: Ongoing
monitoring of the status of units within
the St. James Plaza development.
Tenant Education: The California
legislature extended the noticing
requirement of at-risk units opting out of
low-income use restrictions to one year.
Should a property owner pursue
conversion of the units to market rate,
the City will ensure that tenants were
properly noticed and informed of their
rights and that they are eligible to
receive Housing Choice Vouchers that
would enable them to stay in their units.
Assist Tenants of Existing Rent
Restricted Units to Obtain Housing
Choice Voucher Assistance: Six months
prior to conversion, the City will assist
tenants of "at risk" units to obtain
Housing Choice Vouchers through the
County of San Diego County,
Department of Housing and Community
Development.
ongoing no notice of market rate conversion; Saint James to extend Section 8 contract with HUD
Program 5: Coastal Zone
Monitoring
Begin maintaining records in 2013.
Ongoing tracking of new construction,
demolition, and conversion of affordable
units within the Coastal Zone.
annual tracking of affordable units; none deed-restricted
Program 6: Affordable
Housing Incentives
Outreach to affordable housing
developers annually to explore
opportunities for affordable housing.
Outreach should include developers
with experience in development projects
that include units affordable to
extremely low income households.
Continue to provide regulatory and
technical assistance to affordable
housing developers. Annually explore
various sources (e.g., HCD and HUD) for
funding opportunities, including those
available for housing for extremely low
income households. Apply for or
support applications for affordable
housing funds for projects or programs
that are consistent with the goals and
objectives of the Housing Element.
annual families occupied Habitat for Humanity's 6 affordable units @ 776 10th St; since loss of redevelopment set-aside, exploring cap & trade housing funds.
Program 7: Housing
Choice Vouchers
Continue to promote the Housing
Choice Voucher program to residents
and property owners through
dissemination of brochures at public
counters, providing information on the
City¿s web-site, and referring residents
and property owners to the County of
San Diego, Department of Community
Development. Encourage property
owners to accept Housing Choice
Vouchers and work to maintain at least
the current level of assistance (415
voucher holders) in Imperial Beach.
ongoing ongoing
Program 8: First-Time
Homebuyer Programs
Continue to promote the DCCA, MCC,
and CHDAP programs to residents
through dissemination of brochures at
public counters, providing information
on City website. Refer residents to the
County of San Diego, Department of
Community Development, and the
California Housing Finance Agency for
assistance.
ongoing ongoing
Program 9: Residential
Sites Inventory
Monitor status of vacant and
underutilized
sites. Provide information on available
sites and development incentives to
interested developers and property
owners
ongoing ongoing
Program 10: Mixed Use
Development Sites
Pursue Local Coastal Plan amendment
certification by the Coastal Commission
in
2012-2013. Promote mixed use
development opportunities to
developers
and property owners.
2013 Commercial LCP/zoning amendment certified by CCC in 2013 and in 2017.
Program 11: Lot
Consolidation Program
Amend the Zoning Ordinance to
eliminate the existing lot consolidation
restrictions within residential base
zones and add incentives within one
year of adoption of the Housing
Element. Promote the program through
dissemination of brochures at public
counters and providing information on
City website
2014 City Council declined to adopt zoning amendment due to ineffective housing yield and community opposition
Program 12: Density
Bonus Ordinance
Revise the Zoning Ordinance to update
density bonus provisions consistent
with State law within one year of
adoption of the Housing Element.
Promote the use of density bonus
incentives and provide technical
assistance to developers in utilizing
density bonus for maximize feasibility
and meet local housing needs.
2014 adopted by City Council Aug 6, 2014; Coastal Commission certified May 16, 2016.
Program 13: Housing for
Homeless, Special Needs,
and Extremely Low Income
Households
Revise the Zoning Ordinance within one
year of adoption of the Housing Element
to address housing for the homeless
and special needs groups and adopt
reasonable accommodations ordinance
in compliance with ADA
2014 zoning amendment adopted by City Council Aug 6, 2014; Coastal Commission certified May 16, 2016.
Program 14: Fair Housing
Program
Continue to participate in the County's
Fair Housing Program, a fair housing
service provider for fair housing and
tenant/landlord dispute resolution
services. Continue to disseminate fair
housing information and referring
complaints to appropriate agencies.
Continue to participate in the San Diego
Analysis of Impediments to Fair Housing
Choice; City participated in the 2019
Analysis of Impediments to Fair
Housing.
ongoing ongoing.
General Comments:
Jurisdiction Imperial Beach ANNUAL ELEMENT PROGRESS REPORT Reporting Period 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 04/15/2021 - 04/15/2029
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
3 4
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Annual Progress Report January 2020
Jurisdiction Imperial Beach ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 04/15/2021 - 04/15/2029 (CCR Title 25 §6202) Extremely LowIncome+ Very Low-Income+ Low-Income+ TOTAL UNITS+Extremely LowIncome+Very LowIncome+ Low-Income+ TOTAL UNITS+ Rehabilitation Activity
Preservation of Units At-Risk
Acquisition of Residential Units
Mobilehome Park Preservation
Total Units by Income
Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.
Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD to receive the password that will enable you to populate these fields. The description should adequately document how each unit complies with subsection (c) of Government Code
Section 65583.1+
Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report January 2020 Page 97 of 178
Jurisdiction Imperial Beach
Reporting Period 2021 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 04/15/2021 - 04/15/2029 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
2 3 4
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Realistic Capacity
Identified in the
Housing Element
Entity to whom the site
transferred Intended Use for Site
1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting year.
Jurisdiction Imperial Beach
Note: "+" indicates
an optional field
Reporting Period 2021
(Jan. 1 - Dec.
31)
Cells in grey
contain autocalculation formulas
Designation Size Notes
1 2 3 4 5 6 7
APN Street Address/Intersection Existing Use Number of
Units
Surplus
Designation
Parcel Size (in
acres) Notes
Summary Row: Start Data Entry Below
Parcel Identifier
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
Table H
Locally Owned Surplus Sites
For San Diego County jurisdictions, please format the APN's as follows:999-999-99-99
Jurisdiction Imperial Beach
Reporting Year 2021 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 04/15/2021 - 04/15/2029
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
41 41
Units by Structure Type Entitled Permitted Completed
SFA 1 0 0
SFD 5 9 3
2 to 4 5 7 2
5+ 6 0 0
ADU 9 25 4
MH 0 0 0
Total 26 41 9
58 70
37 0
0 0
0 0
Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Cells in grey contain auto-calculation formulas
Very Low
Low
Moderate
Above Moderate
Units Constructed - SB 35 Streamlining Permits
Number of Streamlining Applications Approved
Total Developments Approved with Streamlining
Total Units Constructed with Streamlining
Total Housing Applications Submitted:
Number of Proposed Units in All Applications Received:
Total Housing Units Approved:
Total Housing Units Disapproved:
Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of Applications for Streamlining
Building Permits Issued by Affordability Summary
Income Level
Jurisdiction Imperial Beach
Reporting Year 2021 (Jan. 1 - Dec. 31)
Total Award Amount Total award amount is auto-populated based on amounts entered in rows 15-26.
Task $ Amount Awarded $ Cumulative Reimbursement
Requested
Other
Funding Notes
2020 Update to City Drainage
Report $127,136.00 $127,136.00 None
6th Cycle Housing Element $22,864.00 $22,494.00 Other
Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Table A2) Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
26 26
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
41 41
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
9 9
ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable.
$ 150,000.00
Task Status
Completed
Completed
Total Units
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate
Moderate
Above Moderate
Total Units
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
P a g e | 1
March 2, 2022
ITEM TITLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, AMENDING SECTION 10.36.110.B. OF THE IMPERIAL BEACH MUNICIPAL
CODE RELATED TO ON-STREET RECREATIONAL VEHICLE PARKING
ORIGINATING DEPARTMENT:
City Manager
EXECUTIVE SUMMARY:
The attached ordinance will amend the municipal code related to on-street recreational vehicle parking to define successive acts of parking as anything within five-tenths of a mile from the previous parking space.
RECOMMENDATION:
Introduce ordinance by title only waiving the full reading of the ordinance and set the adoption for the next regular meeting.
OPTIONS:
Introduce ordinance; or
Provide direction to the City Manager.
BACKGROUND/ANALYSIS:
The Imperial Beach Municipal Code allows on-street parking of recreational vehicles for up to 48 hours. However, if a vehicle is only moved two-tenths of a mile, then it is considered the same parking spot. The proposed ordinance would change two-tenths of a mile to five-tenths of a mile to align the City’s ordinance with the method used by the County of San Diego which will make it easier for the Sheriff to enforce.
ENVIRONMENTAL DETERMINATION:
Not a project as defined by CEQA.
FISCAL IMPACT:
No fiscal impact associated with this report.
ATTACHMENTS:
ATT 1- Ordinance 2022-1210
ATTACHMENT 1
ORDINANCE NO. 2022-1210
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, AMENDING SECTION 10.36.110.B. OF THE IMPERIAL BEACH MUNICIPAL CODE RELATED
TO ON-STREET RECREATIONAL VEHICLE PARKING
WHEREAS, the City of Imperial Beach ("City") desires to provide for the orderly stopping, standing, and parking of recreational vehicles within the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH AS FOLLOWS:
Section 1: The above recitals are true and correct and incorporated herein as findings as though set forth in full.
Section 2: Section 10.36.110.B. of the Imperial Beach Municipal Code is hereby amended to read as follows (underline indicates new language and strikethrough indicates deleted language):
10.36.110 Recreational vehicle parking.
B. On-Street Parking. It is unlawful to park a recreational vehicle for a period in excess of 48 hours on any street in the City. (Successive acts of parking within a two-five-tenths of a mile area shall be presumed to be a single act of parking.)
1. The intent of this section is to allow recreational vehicle owners the use of the street, immediately adjacent to their private property, for the loading, unloading and general pre-trip/post-trip preparation generally associated with extended vacations only. The day-to-day parking and/or short- or long-term storage of the recreational vehicles on the street is specifically prohibited.
2. An encroachment permit may be granted by the City Manager or designee for the parking of recreational vehicles, which are suitable as temporary construction offices, etc., on streets as long as these vehicles are parked immediately adjacent to the enterprise for which they are to service and are promptly removed when their reasonable use has expired. The term “temporary” and “reasonable” shall be that determined by the granting official.
Section 3. This Ordinance shall become effective thirty (30) days following its passage and adoption.
Section 4. The City Council of the City of Imperial Beach hereby declares that should any section, paragraph, sentence, phrase, term or word of this Ordinance, hereby adopted, be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this Ordinance irrespective of any such portion declared invalid.
INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of Imperial Beach, held on the 2
nd day of March 2022, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Imperial Beach, California, held on the 16th day of March 2022 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
SERGE DEDINA, MAYOR
ATTEST:
JACQUELINE M. KELLY, MMC
CITY CLERK
APPROVED AS TO FORM:
JENNIFER M. LYON
CITY ATTORNEY
P a g e | 1
March 2, 2022
ITEM TITLE: CONSIDER ADOPTION OF URGENCY ORDINANCE 2022-1211 AND INTRODUCING ORDINANCE 2022-1209 AMENDING TITLE 4 OF THE IMPERIAL BEACH MUNICIPAL CODE TO ADD A NEW CHAPTER 4.62 RELATED TO MICROENTERPRISE
HOME KITCHEN OPERATIONS
ORIGINATING DEPARTMENT:
Community Development
EXECUTIVE SUMMARY:
On Wednesday, January 26, 2022, the County Board of Supervisors acted to temporarily authorize Microenterprise Home Kitchen Operations (MEHKOs) in the County of San Diego and in the unincorporated areas of the County for a two-year period. On Friday, February 25, 2022, the Department of Environmental Health and Quality, Food and Housing Division, will begin accepting applications for those interested in operating a MEHKO.
City staff is requesting that the City Council consider adoption of an Urgency Ordinance, allowing the regulations to be in effect immediately, and introduction of an Ordinance to incorporate the regulations into the Municipal Code that would apply to MEHKOs operating within the City of Imperial Beach. As proposed, the ordinances require a MEHKO to comply with state and federal laws, County standards, and City standards.
RECOMMENDATION:
Staff recommends that the City Council consider the proposed ordinances and:
1. Adopt urgency Ordinance No. 2022-1211; and
2. Introduce Ordinance No. 2022-1209 by title only waiving further reading and setting for adoption at the March 16 Council meeting.
OPTIONS:
Adopt urgency Ordinance 2022-1211 and introduce Ordinance 2022-1209. Deny Urgency Ordinance 2022-1211 but introduce Ordinance 2022-1209. Provide other direction to the City Manager.
Deny both proposed ordinances and allow MEHKOs to operate without City regulations.
P a g e | 2
BACKGROUND/ANALYSIS:
History
The California Retail Food Code (CRFC), establishes uniform health and sanitation standards at the State level for the regulation of retail food operations (food facilities) to prevent foodborne illness. The CRFC defines a food facility as an operation that stores, prepares, serves, sells, or otherwise provides food for human consumption at the retail level, and includes restaurants, mobile food trucks, grocery stores, delis, food carts, schools and cottage food operations. The San Diego County Department of Environmental Health and Quality (DEHQ) is the local enforcement agency of the CRFC for all 18 incorporated cities (local jurisdictions), as well as the unincorporated communities in the region. DEHQ implements a food program conducting inspections at food facilities, focusing on compliance with the CRFC and reviewing food handling practices to protect the public’s health and prevent the incidence of foodborne illness.
Prior to 2012, California required food sold to consumers be made at inspected commercial kitchens. In 2013, the California Homemade Food Act allowed, certain low-risk food products not requiring refrigeration, such as bread, pie, fruit jam, and dried food, to be made in private home kitchens and sold as a fully packaged and labeled product to consumers. These operations, commonly known as cottage food operations, provide an opportunity for home cooks to start a small business.
The enactment of Assembly Bill (AB) 626 in 2018 and AB 377 in 2019, which amended the California Retail Food Code to allow for Microenterprise Home Kitchen Operations (MEHKO), expanded the opportunity for home cooks to operate a small business. This law established a microenterprise home kitchen operation as a new type of restricted food service facility in the CRFC. Once authorized, MEHKO home cooks can prepare and sell a wide range of foods in a home kitchen, including foods that require time and temperature control in order to prevent bacteria growth, such as meat, fish, poultry, and dairy products.
MEHKOs cannot operate or be permitted until authorization is granted by the governing body of the local enforcement agency. The County of San Diego (County) Board of Supervisors (Board), as the governing body of DEHQ, has the authority to authorize a local MEHKO program for the entire San Diego region (both the unincorporated communities and the 18 incorporated cities).
On January 26, 2022, the County Board of Supervisors acted to temporarily authorize MEHKOs in the County of San Diego and in the incorporated areas of the County for a two-year period.
Pursuant to the State legislation, because the County Board of Supervisors has authorized MEHKOs, local jurisdictions may not prevent their operation.
On Friday, February 25, 2022, the DEHQ, Food and Housing Division, will begin accepting applications for those interested in starting a MEHKO. A MEHKO must meet all of the following requirements:
The operation has no more than one full-time equivalent food employee, not including a family member or household member.
Food is prepared, cooked, and served on the same day. Food is consumed onsite at the microenterprise home kitchen operation or offsite if the food is picked up by the consumer or delivered pursuant to section Health & Safety Code section 114367.5 within a safe time period based on holding equipment capacity. Food preparation does not involve processes that require a Hazard Analysis Critical Control Points (HACCP) plan, as specified in Section 114419, or the production, service,
P a g e | 3
or sale of raw milk or raw milk products, as defined in Section 11380 of Title 17 of the California Code of Regulations.
The service and sale of raw oysters is prohibited.
The production, manufacturing, processing, freezing, or packaging of milk or milk products, including, but not limited to, cheese, ice cream, yogurt, sour cream, and butter, is prohibited.
Food preparation is limited to no more than 30 individual meals per day, or the approximate equivalent of meal components when sold separately, and no more than 60 individual meals, or the approximate equivalent of meal components when sold separately, per week. The local enforcement agency may decrease the limit of the number of individual meals prepared based on food preparation capacity of the operation, but shall not, in any case, increase the limit of the number of individual meals prepared. The operation has no more than fifty thousand dollars ($50,000) in verifiable gross annual sales, as adjusted annually for inflation based on the California Consumer Price Index. The operation only sells food directly to consumers and not to any wholesaler or retailer.
For purposes of this paragraph, the sale of food prepared in a microenterprise home kitchen operation through the internet website or mobile application of an Internet food service intermediary, as defined in Section 114367.6, is a direct sale to consumers. An operation that sells food through the internet website or mobile application of an Internet food service intermediary shall consent to the disclosures specified in paragraphs (6) and (7) of subdivision (a) of Section 114367.6 of the California Health & Safety Code Regulations
MEHKOs will be subject to the requirements established in the CRFC. The CRFC exempts MEHKOs from specific standards normally required for a food facility, primarily to accommodate the differences between a home kitchen and a commercial kitchen. In addition, the CRFC prohibits jurisdictions from imposing restrictions on MEHKOs for zoning purposes, or requiring additional permits to operate, other than a health permit that would be issued by the County.
However, local jurisdictions can investigate and enforce its regulations. Each jurisdiction is responsible for enforcing its own related regulations including, but not limited to, code compliance.
City staff has drafted the attached ordinances that incorporate regulations that would apply to MEHKOs operating within the City of Imperial Beach. The proposed ordinances require a MEHKO to comply with state and federal laws, County standards, and City standards. Some local Municipal Codes that would apply include the following:
Chapter 4.04, Business Licenses;
Chapter 8.08, Regulation of Retail Food Facilities;
Chapter 8.36, Solid Waste and Recyclable Collection;
Chapter 9.05, Alcoholic Beverages–Responsible Beverage Sales and Service; Chapter 9.32, Noise; and
Chapter 13.14, Regulation of Fats, Oils and Grease Disposal in the Sewer Collection System.
The ordinances would allow the City to require a business license for MEHKOs and require conformance with local nuisance provisions and home occupation requirements, including the following:
The business cannot change the character or appearance of the dwelling; The business cannot adversely affect the uses permitted in the residential district of which
P a g e | 4
the property is a part;
The business cannot be of a type which generates pedestrian or vehicular traffic beyond that normal to the particular neighborhood;
No additional parking spaces are required;
Not more than two persons may be employed on the premises; No advertising, display or signs relating to the home occupation may be displayed upon the premises, except those permitted in the zone in which the property is located; No articles which are produced elsewhere may be sold or displayed on the premises; and No commercial vehicles may be used to deliver materials to or remove materials from the premises.
In addition to the above, the proposed ordinances provide a limitation on hours of operation from 7:00 AM to 7:00 PM to prevent potential noise and associated nuisances within the surrounding residential area.
Monitoring
As part of the recent action by the Board of Supervisors, County staff was directed to gather data during the temporary pilot two-year period. The County Chief Administrative Officer was directed to work with all jurisdictions within the region, on a voluntary basis, to gather data related to MEHKO implementation during authorization, including but not limited to potential community impacts such as traffic, noise, wastewater, and code or nuisance complaints as well as food safety related data such as number of permitted MEHKOs, complaints or reports of foodborne illness, and retail food safety compliance. The County has provided the City with a form to fill out such data, and City staff intends to provide relevant data, as applicable.
Urgency Ordinance
As discussed above, these new County regulations will go into effect on February 25, 2022. There is a current and immediate threat to the public health, safety, or welfare based on these new County regulations because if the City does not adopt specific appropriate standards, the City would thereafter be limited to applying the standards that are already in its code and state law, which did not anticipate and were not enacted with MEHKO’s specifically in mind. Also, the approval of MEHKO’s based solely on the City’s default standards would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and public safety. These threats to public safety, health, and welfare justify adoption of the urgency ordinance to be effective immediately upon adoption by a four-fifths vote of the City Council.
Therefore, Staff recommends that to protect the public safety, health, and welfare, the City Council may adopt the ordinance as an urgency measure in accordance with Government Code section 36937(b) and at the same time introduce an ordinance with the same provisions.
ENVIRONMENTAL DETERMINATION:
Not a project as defined by CEQA.
FISCAL IMPACT:
The ordinances have no fiscal impacts.
ATTACHMENTS:
1. County of San Diego Microenterprise Home Kitchen Operation FAQs
2. Ordinance 2022-1209
3. Urgency Ordinance 2022-1211
Rev. 2/2/22 1
County of San Diego DEPARTMENT OF ENVIRONMENTAL HEALTH AND QUALITY
FOOD AND HOUSING DIVISION
P.O. BOX 129261, SAN DIEGO, CA 92112-9261
Phone: (858) 505 - 6900 | Fax: ( 858) 999- 8920 | www.sdcdehq.org Microenterprise Home Kitchen Operation (MEHKO) FAQs
General Info
1. What does the new law do?
The new law establishes a “microenterprise home kitchen operation”, also referred to as MEHKO, as a new type of retail food facility to be operated by a resident in a private home. The law requires a County to either allow or not allow MEHKOs in their jurisdiction, and the San Diego County Board of Supervisors has authorized a two-year temporary pilot program allowing MEHKOs to operate countywide. The Department of Environmental Health and Quality, Food and Housing Division (DEHQ-FHD) is the local enforcement agency responsible for issuing operating permits to MEHKOs pursuant to California Retail Food Code (CRFC) requirements and ensuring operational compliance.
2. When does the new law go into effect?
The new law was effective January 1, 2019. However, the new law gives the county “full discretion” to authorize the MEHKOs in their jurisdiction. With the recent authorization of MEHKOs within San Diego County, MEHKO operators will be able to submit their application packets to DEHQ-FHD starting on February 25, 2022.
3. What is a Microenterprise Home Kitchen Operation or MEHKO? A MEHKO is a type of food service, like a mini restaurant, that is operated by a resident in a private home where food is stored, handled, and prepared that may be served to customers. Food must be prepared the day of service and can be eaten onsite or be delivered to the customer by the operator. Food may also be sold through an internet website or a phone-based mobile app belonging to an Internet Food Service Intermediary, but delivery must be by the MEHKOs operator or an employee of the MEHKOs facility. Food products may not be sold to a wholesale or retail facility. Third party delivery apps such as UberEats, Postmates, or GrubHub, etc., cannot be used by a MEHKO unless as provided for in CRFC Section 114367.5.
A MEHKO does not include either of the following:
• A catering operation, as defined in CRFC Section 113739.1. • A cottage food operation, as defined in CRFC Section 113758.
4. Who is the “local enforcement agency” for MEHKOs in the San Diego region? The local enforcement agency for retail food facilities, including MEHKOs, in the San Diego region is the County of San Diego Department of Environmental Health and Quality (DEHQ).
5. What is meant by “private home”?
“Private home” means a dwelling, including an apartment or other leased space, where individuals reside.
The MEHKO must be conducted within the primary residence. A MEHKO owner cannot have more than one primary residence, and second homes, vacation homes, or motor homes DO NOT qualify as a MEHKO.
6. If a person is renting a private residence/apartment or lives in a Homeowner’s Association (HOA), can they still operate a MEHKO?
A person must check their lease agreement to see if there are any restrictions to operating a home-based business out of the residence/apartment. If you have an HOA, it is advised that you make sure that a MEHKO is allowed by your HOA before applying for a MEHKO health permit.
Attachment 2
Rev. 2/2/22 2
7. What is the difference between a MEHKO and a Cottage Food Operation (CFO)? A CFO is restricted to preparing and selling only prepackaged, properly labeled, non-potentially hazardous foods that have been approved by the California Department of Public Health (CDPH) (https://www.cdph.ca.gov/Programs/CEH/DFDCS/CDPH%20Document%20Library/FDB/FoodSafetyProg ram/CottageFood/ApprovedCottageFoodsList.pdf), which may be sold directly or indirectly to the consumer. CFOs may not allow on-site food consumption. A MEHKO is able to prepare and serve potentially hazardous foods and are able to provide onsite dining, pick-up, or delivery options to their customers.
8. Can a person operate both a CFO and a MEHKO in their residence? No, the law does not allow a CFO and a MEHKO in the same residence. The definition of a MEHKO does not include a CFO as provided for in CRFC Section 113825(b).
9. Can a person operate multiple CFOs or multiple MEHKOs in their residence? No. A cottage food operator is an individual who operates a cottage food operation in his or her private home and is the owner (CRFC Section 113758). A MEHKO is a food facility that is operated by a resident in a private home where food is stored, handled and prepared (CRFC Section 113825). Both a CFO and MEHKO have limitations for the gross dollar amount allowed, number of employees, type of operation, allowed foods, etc. in a single residence. The law does not allow limits to be aggregated by multiple operations in the same residence.
10. Are multiple people living in the same residence allowed to each operate a CFO or MEHKO in that residence?
No. See Questions 8 and 9 above. There can only be one home kitchen operation (CFO or MEHKO) per residence.
11. What constitutes a meal?
While a meal is not defined in the California Retail Food Code, it should be sufficient in quantity to constitute a main course. This guideline is consistent with definition of a meal established by Alcohol Beverage Control (ABC) as part of their permitting process. Baked goods, condiments, sauces, or beverages are not considered a full meal.
Application Process
12. Is a permit required to operate a MEHKO?
Yes, a health permit is required from the County of San Diego Department of Environmental Health and Quality (DEHQ), Food and Housing Division, prior to operating.
13. How does a person who wants to operate a MEHKO obtain a permit from DEHQ? In order to obtain a health permit, a person (the operator) must complete a permit application package that includes a health permit application and “Standard Operating Procedures” form along with the proposed menu, submit their Food Safety Manager Certificate, and pay a permit fee. Once the application and procedures are reviewed and approved by DEHQ, an initial inspection will be scheduled and conducted at the private residence to verify compliance with state law. Once compliance is verified, the permit will be issued. Application packets can be picked up at the Department of Environmental Health and Quality Office, located at 5500 Overland Ave, Suite 170, San Diego, CA, 92123, or online at www.sdcdehq.org.
14. How long does the application process take for a MEHKO? The application process is determined by the level of detail and completeness of the application package.
The standard application process for MEHKOs is up to 20 calendar days if the application package is complete and the level of detail in the operational procedures is included to demonstrate compliance with the law. If the application must be sent back for revisions an additional 10 calendar days for review may be added.
Rev. 2/2/22 3
15. Is approval from the FHD Plan Check Unit required prior to obtaining a MEHKO permit? Plan check approval is not required prior to obtaining a MEHKO permit. However, if any remodel work is to be done at the residence to support the MEHKO, operators must contact their local Building Department to determine what, if any, approvals will be needed prior to starting construction.
16. What fees are associated with operating a MEHKO?
In order to operate a MEHKO, the initial health permit fee will need to be paid at the time of application, and then the operator will be responsible for paying their annual permit fee in each subsequent year.
Additional fees will be applied for any justified complaint response as well as for reinspections that are needed to ensure compliance with the CRFC. For a list of current fees, please refer to the current fee schedule found at www.sdcdehq.org.
17. If an operator moves to a new residence, do they need to go through the application process again? Yes, DEHQ permits are non-transferable. If an operator moves to a new residence, they must go through the application process again.
18. How does a customer determine if a MEHKO has an approved permit? A MEHKO is required to display their permit, or a legible copy, during hours of operation. Customers can also visit www.SDFoodInfo.org to determine if a MEHKO has a valid permit.
Operational Requirements
19. Does a person need any special training or certification to operate a MEHKO? The operator of the MEHKO must successfully pass an approved and accredited food safety manger course prior to submitting an application, and any individual, other than the operator, who is involved with the preparation, storage, or service of food in a MEHKO must also obtain a food handler card from one of the schools approved by DEHQ within 10 days of the start of their employment. Proof of food safety certification and foodhandler training must be available on site. For a list of approved food safety manager and food handler courses, visit our website at www.sdcountyfoodhandlers.org.
20. Can a MEHKO have employees?
A MEHKO can have one full-time equivalent employee who is an individual employed by the MEHKO.
This does not include household family members.
21. Does all of the food I use for my MEHKO need to be stored within my home? MEHKOs are able to store food items in areas that are not part of the internal habitable space (including garages, outdoor sheds, workshops etc.) if the food is stored inside a refrigerator or freezer with a properly closing door/lid.
22. Are kids and pets allowed to be in a MEHKO?
Yes, the law exempts a MEHKO from certain requirements of the CRFC. However, MEHKO facilities are required to keep all children and animals outside of the kitchen and dining areas during food service and preparation.
23. Are there any meal or sales limitations for MEHKOs? Yes, food preparation is limited to 30 meals per day or 60 individual meals per week and gross annual sales cannot exceed $50,000 as adjusted annually according to the California Consumer Price Index.
Records of all sales must be kept so that compliance with this limitation can be verified. The law also allows for DEHQ to limit the number of individual meals prepared if the physical space available for food preparation, food storage, and equipment storage is not adequate to support the number of meals being prepared.
24. Are there any restrictions to the type of food a MEHKO can serve? A MEHKO can prepare and sell food and beverages that have been approved by the local enforcement agency for same day on-site consumption or delivery with the exception of food or beverages that:
• Involve the production, service, or sale of raw milk or raw milk products
Rev. 2/2/22 4
• Involve the service or sale of raw oysters
• Involve food processes that require a Hazard Analysis Critical Control Point (HACCP) Plan such as:
o Smoking food as a method of food preservation
o Curing food
o Using food additives or adding components such as vinegar as a method of food preservation
o Operating a molluscan shellfish life support system display tank used to store and display shellfish that are offered for human consumption
o Using acidification or activity to prevent the growth of Clostridium botulinum o Packaging potentially hazardous food using a Reduced-Oxygen Packaging method o Preparing food by another method that is determined by the lead local agency to require a HACCP plan
• Involve the manufacturing of ice cream without a license from California Department of Food and Agriculture
• Contains alcohol without the appropriate liquor license from ABC
25. Can I keep leftovers to serve the next day, or prepare foods, including condiments, sauces, or beverages in advance?
Per the CRFC requirements, all food and beverages cannot be served the next day as part of the MEHKO operation. MEHKOs must prepare and serve all food and beverages on the same day and any leftovers must be properly disposed of at the end of the day.
26. Can I package food or beverages at my MEHKO?
Yes, a MEHKO may portion food into containers for same-day pick up or delivery service as long as it remains part of a meal. However, MEHKOs cannot use reduced-oxygen packaging (such as vacuum packing) or seal their foods in cans, bottles, or jars.
27. Can alcoholic beverages be sold from a MEHKO?
MEHKOs must have a valid license from the California Department of Alcoholic Beverage Control (ABC) in order to sell, serve, provide, or allow alcohol to be consumed on-site at the MEHKO. This includes allowing patrons to bring their own alcohol. Contact the ABC for more information: www.abc.ca.gov.
28. Can homegrown fruits and vegetables be used in a MEHKO? Yes, however care should be taken to ensure all produce is grown and handled using best management practices associated with a community food producer and all produce must be thoroughly washed prior to use.
29. Can a MEHKO add in cannabis, CBD, or Kava to the products they sell as part of their operation? Current restrictions imposed by the California Department of Public Health (CDPH) and the FDA prohibit a food facility from adding these ingredients into any food products that are offered to the public for consumption.
30. Can a MEHKO operate as a caterer?
Per the CRFC requirements, a MEHKO is prohibited from operating as a caterer or advertising any catering options as part of their permitted operation. Only permanent food facilities approved for operation, such as a restaurant, banquet facility, or other approved commercial kitchen, or operators who have obtained a Catering permit at an approved commercial kitchen, may operate as a caterer.
31.Can a MEHKO support a mobile food facility or act as a commissary for a food truck or temporary food facility ?
Per the CRFC requirements, MEHKOs may not sell to, operate as, or act as a commissary for a mobile food facility, such as a food truck, food cart, or a temporary food facility.
Rev. 2/2/22 5
32. Can an operator of a MEHKO sell or give away food products at temporary events or at Certified Farmer’s Markets?
An operator of a MEHKO cannot sell food products at a temporary event or a Certified Farmer’s Market.
A MEHKO can only conduct food service directly to the public from the residential home or sold through an internet website or a phone based mobile app belonging to an Internet Food Service Intermediary.
Internet Food Service Intermediaries must be registered with the California Department of Public Health.
33. Can an operator of a MEHKO donate any leftover food? An operator of a MEHKO may donate food to a food bank or to any other nonprofit charitable organization as long as the food has been handled in compliance with food safety requirements. For more information on food donations, contact the DEHQ-FHD information specialist at (858) 505-6900, or one of the two San Diego Based Food Banks, Feeding San Diego at (858) 452-3663, or the San Diego Food Bank at (858) 527-1419.
34.Where can I advertise my MEHKO business?
A MEHKO may advertise their business through an internet food service intermediary or other online platform such as social media, as well as print media. The MEHKO must clearly identify San Diego County Department of Environmental Health and Quality, Food and Housing Division as the permit issuer, the permit number, and the following statement of “Made in a Home Kitchen” in a conspicuous font and location within the advertisement. A MEHKO is prohibited from posting signage to advertise the business in front of the residence.
Inspection Process
35. How often will a MEHKO be inspected?
All MEHKOs will receive one annual routine inspection. The first inspection will occur before a permit is issued to ensure compliance with the law.
36. Can a MEHKO be inspected more frequently?
State law prohibits conducting routine inspections of MEHKOs more than once a year. Additional inspections may be required in response to a complaint, if it is suspected that adulterated or otherwise unsafe food has been produced or served by the MEHKO, or if the MEHKO has violated CRFC requirements.
37. What areas of a private residence will be permitted and inspected as part of a MEHKO? The areas of a private residence that will be permitted and inspected as part of a MEHKO includes the kitchen, onsite customer eating area, food and equipment storage areas, bathroom (toilet room), janitorial or cleaning areas, and trash storage areas. Any utensils and equipment used in the MEHKO will also be inspected.
38. What records are required to be maintained for review by the local enforcement agency? An operator of a MEHKO must maintain the following documents onsite for review during an inspection:
• Written standard operating procedures that include a menu and hours of operation • A valid permit issued by DEHQ, or a legible copy of the valid permit, must be displayed onsite at all times when the MEHKO is in operation
• A copy of a valid driver’s license of the person delivering food on behalf of the MEHKO • A copy of the most recent DEHQ inspection report
• Records of all annual receipts from the sales of food
39. Why isn’t a letter grade posted at a MEHKO like it is at a permanent food facility or a mobile food facility?
The law exempts a MEHKO from any local grading system. Their permit to operate must be retained on site, and on display, during hours of operation. However, just like permanent food facilities and mobile food facilities, inspection report data and violation information relating to any inspections conducted at a permitted MEHKO can be found at www.SDFoodInfo.org.
Rev. 2/2/22 6
Equipment Requirements
40. Is commercial grade equipment required in a MEHKO?
No, commercial equipment/appliances are not required as long as the equipment/appliances used in a MEHKO are kept clean, stored in a sanitary manner, and are in good working order.
41. Can a MEHKO use an open-air barbecue or an outdoor wood-burning oven? Yes, a MEHKO may use an open-air barbecue or an outdoor wood-burning oven as long as the barbecue or wood-burning oven is:
• Operated on the same premises and is within reasonable proximity to the MEHKO • Does not have access to by the public
• Is not in a location that constitutes a fire hazard
• Meets the requirements of CRFC Section 114143
42. Are restrooms required to be available for MEHKO customers? Yes, clean toilet facilities, in good condition, and properly stocked with warm water, dispensable soap, and single-use paper towels shall be available for the MEHKO operator, food handlers, and any employees at all times. If the MEHKO allows customers to consume food or beverages on site, the MEHKO must provide a restroom for those customers to use.
Zoning
43. If there are complaints about odors, traffic, parking, and/or excessive noise, what agency should be notified?
Any complaints involving nuisance concerns can be reported directly to the local city’s Code Enforcement Department, or for MEHKOs in the unincorporated areas, to the County of San Diego Department of Planning & Development Services, Code Enforcement Program.
44. Are there any special requirements regarding a private residential water well? An approved source of potable water is required for all home kitchen operations. If the water will be provided by a regulated water district or small water system where water quality analysis is performed on a routine basis to ensure the water supply meets minimum bacterial and chemical standards, no further action is necessary. If the water will be provided by a private well, initial and annual testing will be required. For initial applications, a full panel of testing (bacteria, metals, nitrates) results will need to be submitted as part of the MEHKO application. At the time of an annual permit renewal, only bacteriological testing results will need to be submitted.
If testing is needed, requirements and laboratory options can be found at:
https://www.sandiegocounty.gov/content/dam/sdc/deh/fhd/food/pdf/homekitchenpotablewater.pdf A list of approved water sample providers can be found at:
https://www.sandiegocounty.gov/content/dam/sdc/deh/lwqd/Water%20Sampling%20Provider%20List.pdf
45.Are there special requirements for disposing of fats, oils or grease that are produced in a MEHKO? Fats, oils and grease (sometimes known as FOG) are produced when cooking foods that contain fat, such as meat or dairy products, or are prepared using fat (for baking, sautéing, marinating, frying, etc.). They can cause blockages of residential and community plumbing and sewers and can result in sewage backups and overflows both inside and outside of residences. Please do not dispose of fats, oils and grease down the drain. For more information about how to properly dispose of fats, oils and grease, please contact your sewer agency or local city code enforcement for any additional restrictions on the disposal of fats, oils or grease.
46.Are grease traps required for MEHKOs?
State law (California Retail Food Code) prohibits requiring MEHKOs to install grease traps. Please see Question 45 above for proper disposal of fats, oils and grease.
Rev. 2/2/22 7
For additional information, please visit
the Department of Environmental Health and Quality’s webpage at: http://www.sdcdehq.org If you have any questions that have not been answered in these FAQs, or if additional clarification is needed, please contact the DEHQ-FHD Information Specialist at (858) 505-6900 or by email at [email protected].
ATTACHMENT 2
ORDINANCE NO. 2022-1209
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, AMENDING TITLE 4 OF THE IMPERIAL BEACH MUNICIPAL CODE TO ADD A NEW CHAPTER 4.62 RELATED TO MICROENTERPRISE HOME KITCHEN OPERATIONS WHEREAS, the County of San Diego has approved a two-year program to allow Microenterprise Home Kitchen Operations in the County of San Diego and the incorporated areas of the County; and
WHEREAS, the City Council of the City of Imperial Beach ("City") desires to clarify the regulations that apply to such operations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH AS FOLLOWS:
Section 1: The above recitals are true and correct and incorporated herein as findings as though set forth in full.
Section 2: Chapter 4.62 is hereby added to the Imperial Beach Municipal Code to read as follows:
Chapter 4.62 Microenterprise Home Kitchen Operations
4.62.010 Purpose
The purpose and intent of this chapter is to establish a regulatory program for the operation of microenterprise home kitchen operations (“MEHKO”) in the City of Imperial Beach that complies with California Assembly Bills 626 and 377, as well as the regulations issued by the County of San Diego for MEHKO.
4.62.020 Definitions
A. “Microenterprise home kitchen operation” means a food facility that is operated by a resident in a private home where food is stored, handled, and prepared for, and may be served to, consumers, and that meets all of the following requirements:
1. The operation has no more than one full-time equivalent food employee, not including a family member or household member.
2. Food is prepared, cooked, and served on the same day.
3. Food is consumed onsite at the microenterprise home kitchen operation or offsite if the food is picked up by the consumer or delivered pursuant to section Health & Safety Code section 114367.5 within a safe time period based on holding equipment capacity.
4. Food preparation does not involve processes that require a Hazard Analysis Critical Control Points (HACCP) plan, as specified in Section 114419, or the production, service, or sale of raw milk or raw milk products, as defined in Section 11380 of Title 17 of the California Code of Regulations.
5. The service and sale of raw oysters is prohibited.
6. The production, manufacturing, processing, freezing, or packaging of milk or milk products, including, but not limited to, cheese, ice cream, yogurt, sour cream, and butter, is prohibited.
7. Food preparation is limited to no more than 30 individual meals per day, or the approximate equivalent of meal components when sold separately, and no more than 60 individual meals, or the approximate equivalent of meal components when sold separately, per week. The local enforcement agency may decrease the limit of the number of individual meals prepared based on food preparation capacity of the operation, but shall not, in any case, increase the limit of the number of individual meals prepared.
8. The operation has no more than fifty thousand dollars ($50,000) in verifiable gross annual sales, as adjusted annually for inflation based on the California Consumer Price Index.
9. The operation only sells food directly to consumers and not to any wholesaler or retailer. For purposes of this paragraph, the sale of food prepared in a microenterprise home kitchen operation through the internet website or mobile application of an Internet food service intermediary, as defined in Section 114367.6, is a direct sale to consumers.
An operation that sells food through the internet website or mobile application of an Internet food service intermediary shall consent to the disclosures specified in paragraphs (6) and (7) of subdivision (a) of Section 114367.6 of the California Health & Safety Code.
B. “Microenterprise home kitchen operation” does not include either of the following:
1. A catering operation.
2. A cottage food operation, as defined in Section 113758 of the California Health & Safety Code.
C. For purposes of this section, “resident of a private home” means an individual who resides in the private home when not elsewhere for labor or other special or temporary purpose.
4.62.030 Operating Conditions
A MEHKO may only operate within the City of Imperial Beach if the MEHKO complies with each of the following conditions and noncompliance with such conditions shall be considered unlawful:
A. A valid permit issued by the County of San Diego must be obtained before a person may lawfully commence operations as a MEHKO;
B. A business license must be obtained from the City of Imperial Beach pursuant to Chapter 4.04 of the City of Imperial Beach Municipal Code before a person may lawfully commence operations as a MEHKO;
C. The MEHKO’s hours of operation are limited to 7:00 AM to 7:00 PM; D. The MEHKO complies with the home occupations operating conditions in Section
19.74.020 of the Imperial Beach Municipal Code, except for the following conditions:
1. 19.74.020 (F)
2. 19.74.020 (G);
E. Onsite consumption of food is permitted pursuant to Health and Safety Code sections 113825 and 114367.2 or delivered pursuant to Health and Safety Code section 114367.5;
F. The MEHKO complies with all applicable provisions of the Health and Safety Code, including, but not limited to sections 113825 and 114367 through 114367.6, all applicable regulations issued by the County of San Diego, this chapter, and the Imperial Beach Municipal Code, including, but not limited to, the following:
1. Chapter 4.04, Business Licenses;
2. Chapter 8.08, Regulation of Retail Food Facilities;
3. Chapter 8.36, Solid Waste and Recyclable Collection;
4. Chapter 9.05, Alcoholic Beverages–Responsible Beverage Sales and Service;
5. Chapter 9.32, Noise; and
6. Chapter 13.14, Regulation of Fats, Oils and Grease Disposal in the Sewer Collection System.
4.62.040 Prohibited Conduct
A MEHKO shall not engage in any of the following prohibited conduct, each of which is deemed a nuisance and subject to the enforcement provisions in Chapter 4.62.050 of this code. In addition to the additional regulations defined elsewhere in this code, County ordinances or State laws applicable to a MEHKO, it shall be unlawful and deemed a nuisance for a MEHKO to:
A. Directly, or through customers and/or third-party delivery services, cause blockage and/or congestion on City thruways such that the duties of City agencies are impeded, including but not limited to maintenance, solid waste, and street sweeping, or that which results in repeated neighbor complaints by multiple neighbors, including parking congestion.
B. Store greases in such a manner as to be considered a fire hazard whether indoors or outdoors, or that which attracts vermin.
C. Dispose of greases into the municipal sewer system through a residential drain or toilet.
D. Cause a visible build-up of greases inside residential ventilation hoods and shafts, on walls, ceilings, rooftops, and/or other surfaces such that it may constitute a fire hazard or attract vermin.
E. Create nuisance smoke, odors, or noises in common areas, including but not limited to hallways, shared gathering areas, etc. such that multiple neighbors file complaints.
F. Operate an outdoor wood-burning oven or BBQ in a manner that may constitute a hazard, or which creates nuisance smoke or odors to a neighboring residence.
G. Store refuse in an unsanitary manner or which attracts vermin. Any refuse generated beyond the capacity of residential waste pickup shall be taken to a waste transfer facility or landfill by the MEHKO operator.
4.62.050 Violations
A. Any violation of this chapter, the City of Imperial Beach Municipal Code, regulations issued by the County of San Diego, or provisions of the California Health and Safety Code applicable to the MEHKO shall be unlawful and constitute a public nuisance per se and be subject to injunction, abatement, or any other remedy available to the City of Imperial Beach as provided by all applicable provisions of law, including but not limited to administrative or summary abatement of any nuisance conditions, referral to the County of San Diego for revocation of permit, administrative citations, and/or a civil action for injunctive relief.
B. The MEHKO is subject to all public nuisance provisions of the City of Imperial Beach Municipal Code, including but not limited to Chapter 1.16.
C. The MEHKO is subject to all administrative citation and fine provisions of the City of Imperial Beach Municipal Code, including but not limited to Chapter 1.22.
D. Any person, firm, corporation, or other entity, whether as principal or agent, employee or otherwise, violating or causing violation of any provision of the Imperial Beach Municipal Code applicable to the MEHKO, shall be guilty of a misdemeanor.
E. All remedies provided for herein are cumulative and not exclusive and are in addition to any other remedy or penalty provided by law. Nothing in this chapter shall be deemed to authorize or permit any activity that violates any provision of state or federal law, or the regulations issued by the County of San Diego.
4.62.060 Severability
If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions. The City Council declares that it would have passed this chapter and each section, subsection, clause and phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases are declared invalid or unconstitutional, and would have passed and adopted the same even though any parts, sections, subsections, sentences, clauses or phrases that may be held invalid had been omitted therefrom.
Section 3. This Ordinance shall become effective thirty (30) days following its passage and adoption.
Section 4. The City Council of the City of Imperial Beach hereby declares that should any section, paragraph, sentence, phrase, term or word of this Ordinance, hereby adopted, be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this Ordinance irrespective of any such portion declared invalid.
INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of Imperial Beach, held on the 2
nd day of March 2022, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Imperial Beach, California, held on the 16th day of March 2022 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
SERGE DEDINA, MAYOR
ATTEST:
JACQUELINE M. KELLY, MMC
CITY CLERK
APPROVED AS TO FORM:
JENNIFER M. LYON
CITY ATTORNEY
ATTACHMENT 3
ORDINANCE NO. 2022-1211
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, AMENDING TITLE 4 OF THE IMPERIAL BEACH MUNICIPAL CODE TO ADD A NEW CHAPTER 4.62 RELATED TO MICROENTERPRISE HOME KITCHEN OPERATIONS WHEREAS, the County of San Diego has approved a two-year program to allow Microenterprise Home Kitchen Operations in the County of San Diego and the incorporated areas of the County; and
WHEREAS, these new County regulations will go into effect on February 25, 2022; and WHEREAS, there is a current and immediate threat to the public health, safety, or welfare based on these new County regulations because if the City does not adopt specific appropriate standards, the City would thereafter be limited to applying the standards that are already in its code and state law, which did not anticipate and were not enacted with MEHKO’s specifically in mind; and
WHEREAS, the approval of MEHKO’s based solely on the City’s default standards would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy; and
WHEREAS, to protect the public safety, health, and welfare, the City Council may adopt this Ordinance as an urgency measure in accordance with Government Code section 36937(b); and
WHEREAS, the City Council has considered the staff report, supporting documents, public testimony, and all appropriate information that has been submitted with this Ordinance and all legal prerequisites to the adoption of the Ordinance have occurred; and WHEREAS, the City Council of the City of Imperial Beach ("City") desires to clarify the regulations that apply to such operations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH AS FOLLOWS:
Section 1: The above recitals are true and correct and incorporated herein as findings as though set forth in full.
Section 2: Chapter 4.62 is hereby added to the Imperial Beach Municipal Code to read as follows:
Chapter 4.62 Microenterprise Home Kitchen Operations
4.62.010 Purpose
The purpose and intent of this chapter is to establish a regulatory program for the operation of microenterprise home kitchen operations (“MEHKO”) in the City of Imperial Beach that complies with California Assembly Bills 626 and 377, as well as the regulations issued by the County of San Diego for MEHKO.
4.62.020 Definitions
A. “Microenterprise home kitchen operation” means a food facility that is operated by a resident in a private home where food is stored, handled, and prepared for, and may be served to, consumers, and that meets all of the following requirements:
1. The operation has no more than one full-time equivalent food employee, not including a family member or household member.
2. Food is prepared, cooked, and served on the same day.
3. Food is consumed onsite at the microenterprise home kitchen operation or offsite if the food is picked up by the consumer or delivered pursuant to section Health & Safety Code section 114367.5 within a safe time period based on holding equipment capacity.
4. Food preparation does not involve processes that require a Hazard Analysis Critical Control Points (HACCP) plan, as specified in Section 114419, or the production, service, or sale of raw milk or raw milk products, as defined in Section 11380 of Title 17 of the California Code of Regulations.
5. The service and sale of raw oysters is prohibited.
6. The production, manufacturing, processing, freezing, or packaging of milk or milk products, including, but not limited to, cheese, ice cream, yogurt, sour cream, and butter, is prohibited.
7. Food preparation is limited to no more than 30 individual meals per day, or the approximate equivalent of meal components when sold separately, and no more than 60 individual meals, or the approximate equivalent of meal components when sold separately, per week. The local enforcement agency may decrease the limit of the number of individual meals prepared based on food preparation capacity of the operation, but shall not, in any case, increase the limit of the number of individual meals prepared.
8. The operation has no more than fifty thousand dollars ($50,000) in verifiable gross annual sales, as adjusted annually for inflation based on the California Consumer Price Index.
9. The operation only sells food directly to consumers and not to any wholesaler or retailer. For purposes of this paragraph, the sale of food prepared in a microenterprise home kitchen operation through the internet website or mobile application of an Internet food service intermediary, as defined in Section 114367.6, is a direct sale to consumers.
An operation that sells food through the internet website or mobile application of an Internet food service intermediary shall consent to the disclosures specified in paragraphs (6) and (7) of subdivision (a) of Section 114367.6 of the California Health & Safety Code.
B. “Microenterprise home kitchen operation” does not include either of the following:
1. A catering operation.
2. A cottage food operation, as defined in Section 113758 of the California Health & Safety Code.
C. For purposes of this section, “resident of a private home” means an individual who resides in the private home when not elsewhere for labor or other special or temporary purpose.
4.62.030 Operating Conditions
A MEHKO may only operate within the City of Imperial Beach if the MEHKO complies with each of the following conditions and noncompliance with such conditions shall be considered unlawful:
A. A valid permit issued by the County of San Diego must be obtained before a person may lawfully commence operations as a MEHKO;
B. A business license must be obtained from the City of Imperial Beach pursuant to Chapter 4.04 of the City of Imperial Beach Municipal Code before a person may lawfully commence operations as a MEHKO;
C. The MEHKO’s hours of operation are limited to 7:00 AM to 7:00 PM; D. The MEHKO complies with the home occupations operating conditions in Section
19.74.020 of the Imperial Beach Municipal Code, except for the following conditions:
1. 19.74.020 (F)
2. 19.74.020 (G);
E. Onsite consumption of food is permitted pursuant to Health and Safety Code sections 113825 and 114367.2 or delivered pursuant to Health and Safety Code section 114367.5;
F. The MEHKO complies with all applicable provisions of the Health and Safety Code, including, but not limited to sections 113825 and 114367 through 114367.6, all applicable regulations issued by the County of San Diego, this chapter, and the Imperial Beach Municipal Code, including, but not limited to, the following:
1. Chapter 4.04, Business Licenses;
2. Chapter 8.08, Regulation of Retail Food Facilities;
3. Chapter 8.36, Solid Waste and Recyclable Collection;
4. Chapter 9.05, Alcoholic Beverages–Responsible Beverage Sales and Service;
5. Chapter 9.32, Noise; and
6. Chapter 13.14, Regulation of Fats, Oils and Grease Disposal in the Sewer Collection System.
4.62.040 Prohibited Conduct
A MEHKO shall not engage in any of the following prohibited conduct, each of which is deemed a nuisance and subject to the enforcement provisions in Chapter 4.62.050 of this code. In addition to the additional regulations defined elsewhere in this code, County ordinances or State laws applicable to a MEHKO, it shall be unlawful and deemed a nuisance for a MEHKO to:
A. Directly, or through customers and/or third-party delivery services, cause blockage and/or congestion on City thruways such that the duties of City agencies are impeded, including but not limited to maintenance, solid waste, and street sweeping, or that which results in repeated neighbor complaints by multiple neighbors, including parking congestion.
B. Store greases in such a manner as to be considered a fire hazard whether indoors or outdoors, or that which attracts vermin.
C. Dispose of greases into the municipal sewer system through a residential drain or toilet.
D. Cause a visible build-up of greases inside residential ventilation hoods and shafts, on walls, ceilings, rooftops, and/or other surfaces such that it may constitute a fire hazard or attract vermin.
E. Create nuisance smoke, odors, or noises in common areas, including but not limited to hallways, shared gathering areas, etc. such that multiple neighbors file complaints.
F. Operate an outdoor wood-burning oven or BBQ in a manner that may constitute a hazard, or which creates nuisance smoke or odors to a neighboring residence.
G. Store refuse in an unsanitary manner or which attracts vermin. Any refuse generated beyond the capacity of residential waste pickup shall be taken to a waste transfer facility or landfill by the MEHKO operator.
4.62.050 Violations
A. Any violation of this chapter, the City of Imperial Beach Municipal Code, regulations issued by the County of San Diego, or provisions of the California Health and Safety Code applicable to the MEHKO shall be unlawful and constitute a public nuisance per se and be subject to injunction, abatement, or any other remedy available to the City of Imperial Beach as provided by all applicable provisions of law, including but not limited to administrative or summary abatement of any nuisance conditions, referral to the County of San Diego for revocation of permit, administrative citations, and/or a civil action for injunctive relief.
B. The MEHKO is subject to all public nuisance provisions of the City of Imperial Beach Municipal Code, including but not limited to Chapter 1.16.
C. The MEHKO is subject to all administrative citation and fine provisions of the City of Imperial Beach Municipal Code, including but not limited to Chapter 1.22.
D. Any person, firm, corporation, or other entity, whether as principal or agent, employee or otherwise, violating or causing violation of any provision of the Imperial Beach Municipal Code applicable to the MEHKO, shall be guilty of a misdemeanor.
E. All remedies provided for herein are cumulative and not exclusive and are in addition to any other remedy or penalty provided by law. Nothing in this chapter shall be deemed to authorize or permit any activity that violates any provision of state or federal law, or the regulations issued by the County of San Diego.
4.62.060 Severability
If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions. The City Council declares that it would have passed this chapter and each section, subsection, clause and phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases are declared invalid or unconstitutional, and would have passed and adopted the same even though any parts, sections, subsections, sentences, clauses or phrases that may be held invalid had been omitted therefrom.
Section 3. The City Council of the City of Imperial Beach hereby declares that should any section, paragraph, sentence, phrase, term or word of this Ordinance, hereby adopted, be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this Ordinance irrespective of any such portion declared invalid.
EFFECTIVE DATE: This Ordinance takes effect immediately upon its adoption by a fourfifths vote of the City Council.
ADOPTED at a regular meeting of the City Council of the City of Imperial Beach, California, held on the 2nd day of March 2022 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
SERGE DEDINA, MAYOR
ATTEST:
JACQUELINE M. KELLY, MMC
CITY CLERK
APPROVED AS TO FORM:
JENNIFER M. LYON
CITY ATTORNEY
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March 2, 2022
ITEM TITLE: PUBLIC HEARING #4 – INTRODUCTION OF ORDINANCE NO. 2022-1208 ADOPTING BOUNDARIES FOR CITY COUNCIL DISTRICTS FOLLOWING THE 2020 DECENNIAL FEDERAL CENSUS AND PURSUANT TO THE FAIR MAPS ACT.
ORIGINATING DEPARTMENT:
City Clerk
EXECUTIVE SUMMARY:
Every ten years, cities with geographic election districts (including Imperial Beach) must use new census data to review and, if needed, redraw district lines to reflect how local populations have changed. This process, referred to as redistricting, ensures each district has a nearly equal population as the other districts. Using new 2020 Census data and the requirements of California’s new “Fair Maps Act” law, it has been determined that the existing district election areas in Imperial Beach are still balanced. On October 20, 2021, City Council held the first of four public hearings and received a report from National Demographics Corporation (NDC), the City’s demographic consultant, regarding the redistricting process and permissible criteria to be considered to retain or redraw district boundaries.
RECOMMENDATION:
It is recommended that the City Council conduct the public hearing, receive public input, introduce Ordinance No. 2022-1208 by title only, waive further reading, and schedule adoption for March 16, 2022.
OPTIONS:
Conduct the public hearing, receive public input, introduce Ordinance No. 2022-1208 by title only, waive further reading, and schedule adoption for March 16, 2022 Request additional information from staff or the City's demographic consultant Provide direction to the City Manager to take an alternative action BACKGROUND/ANALYSIS:
The City adopted its current district boundaries on December 5, 2018, based on 2010 census data as required by law. On September 27, 2021, the State of California posted the prisoneradjusted 2020 Census data per Elections Code 21003. For California cities, these figures are deemed to be the final numbers to balance in the redistricting process (Elections Code 21601).
NDC processed these numbers for the current Imperial Beach Council election districts (Attachment 1). NDC finds that the City's current population deviation - the difference between the most populous and least populous districts - is 9.1%. This value is within the 10% threshold where a map is considered "presumptively constitutional" (Harris v Arizona Independent Redistricting Commission), and thus the districts do not need to be redrawn to comply with the federal equal population requirement.
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In October 2019, Assembly Bill No. 849, known as the Fair Maps Act, was approved which now requires cities to ensure maps comply with set redistricting criteria. AB 849 further outlines the specified steps a jurisdiction must take to encourage public participation of its residents and the deadlines for the adoption of new boundaries by a governing body. If the City Council finds the current districts meet the requirements of California's new "Fair Maps Act," the election district lines may be retained at the conclusion of the Fair Maps Act hearing and outreach process. The redistricting process for the City of Imperial Beach must be completed by April 17, 2022.
Fair Maps Act:
Under the Act, the City Council shall draw and adopt boundaries using the following criteria in the listed order of priority (Elections Code 21601(c) for general law cities / 21621(c) for charter cities):
1. Comply with the federal requirements of equal population and the Voting Rights Act
2. Geographically contiguous
3. Undivided neighborhoods and “communities of interest” (socio-economic geographic areas thatshould be kept together)
4. Easily identifiable boundaries
5. 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
To comply with the Fair Maps Act, cities should hold at least four public hearings that enable communitymembers to provide input on the drawing of district maps. At least one hearing must occur before the city prepares draft maps. At least two hearings must happen after the draft maps have been prepared. City staff or consultants may hold a public workshop instead of one of the required publicredistricting hearings.
To increase the accessibility of these hearings, cities must take the following steps:
At least one hearing must occur on a Saturday, Sunday, or after 6 p.m. on a weekday. (This requirement was satisfied at the 10-20-21 City Council meeting) If a redistricting hearing is consolidated with another local government meeting, the redistrictinghearing portion must begin at a pre-designated time. Local public redistricting hearings should be made accessible to people with disabilities.
The first of four public hearings was held on October 20, 2021 for the purpose of informing the public about the districting process and to hear from the community on what factors should be taken into consideration when evaluating current districts and considering potential changes to them. Because the census results showed that the recently adopted districts are still populationbalanced, the City Council expressed an interest in retaining the existing map and to conduct the four-public hearing process to encourage and provide several opportunities for the public to offer input regarding the composition of the current Council election district boundaries. The City held public hearings on October 20, 2021, November 17, 2021, and February 16, 2022. With the
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fourth public hearing, being held on March 2, 2022, the City will meet the four public hearing requirement.
The public is encouraged to provide input regarding communities of interest and other local factors as well as feedback about the current district map. A community of interest under the relevant Elections Code for cities (Section 21601(c) / 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.”
Next Steps:
March 16, 2022 Second Reading and adoption of the ordinance and final map
ENVIRONMENTAL DETERMINATION:
Not a project as defined by CEQA.
FISCAL IMPACT:
No fiscal impact associated with this report.
ATTACHMENTS:
Att 1 Ordinance No. 2022-1208 with Exhibit A (Final Map) Att 2 Population by District
Att 3 10-20-21 Presentation by NDC
ORDINANCE 2022-1208
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH,
CALIFORNIA ADOPTING BOUNDARIES FOR CITY COUNCIL DISTRICTS FOLLOWING THE 2020 DECENNIAL FEDERAL CENSUS AND PURSUANT TO THE
FAIR MAPS ACT
WHEREAS, on December 5, 2018, following the required public hearings regarding adopting a by-district method of election and choosing a voting district map, the City adopted Ordinance No. 2018-1178 (i) amending Imperial Beach Municipal Code (IBMC) to transition from an at large method of election to a by-district method of election and (ii) adopting a City Council voting district map, attached to Ordinance No. 2018-1178 as Exhibit A;
WHEREAS, the City is required by state law to undertake a redistricting process following the results of the decennial census, pursuant to the Fair Maps Act generally, and Government Code section 21601 et seq. specifically; WHEREAS, following the 2020 census results, which showed minimal changes in the City’s population, the voting district map adopted in 2018 remains in full compliance with all applicable law, including substantially equal population and all the other factors set forth in Government Code section 21601;
WHEREAS, the City Council has held all the hearings required by Government Code section 21607.1 and has complied with all outreach requirements set forth in Government Code section 21608; and
WHEREAS, the City Council has determined, based on analysis from City staff, a third party demographer, and public comment, that it is in the best interest of the City to re-adopt the existing voting district map (Ex. A to Ordinance No. 2018-1178), which is attached hereto as Exhibit A.
NOW, THEREFORE, the City Council of the City of Imperial Beach, California, does ordain as follows:
Section 1: The above-listed recitals are true and correct, have served as a basis for the findings, and are a substantive part of this Ordinance.
Section 2: The map attached hereto as Exhibit A is hereby adopted as the City Council voting district map for the City of Imperial Beach.
Section 3: SEVERABILITY
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Imperial Beach hereby declares that it would have passed this Ordinance and each section or subsection, sentence, clause and phrase thereof, Attachment 1
Ordinance 2022-1208
March 2, 2022
irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
Section 4: INCONSISTENCIES
To the extent the terms and provisions of this Ordinance may be inconsistent or in conflict with the terms or conditions of any prior City ordinance, motion, resolution, rule or regulation governing the same subject, the terms of this Ordinance shall prevail with respect to the subject matter thereof.
Section 5: INTERPRETATION
In interpreting this Ordinance or resolving any ambiguity, this Ordinance shall be interpreted in a manner that effectively accomplishes its stated purposes.
Section 6: FURTHER ACTIONS
The City Clerk is authorized to make technical adjustments to the district boundaries that do not substantively affect the populations in the districts, the eligibility of candidates, of the residence of elected officials within any district. The City Clerk must consult with the City Manager and City Attorney concerning any technical adjustments deemed necessary and advise the City Council of any such adjustments required in the implementation of the districts.
EFFECTIVE DATE: This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk of the City of Imperial Beach shall cause this Ordinance to be published pursuant to state law.
INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of Imperial Beach, California on the 2nd day of March 2022; and THEREAFTER ADOPTED at a regular meeting of the City Council of the City of Imperial Beach, California on the 16th day of March, 2022, by the following vote:
AYES: Councilmembers –
NOES: Councilmembers –
ABSTAIN: Councilmembers –
ABSENT: Councilmembers –
Ordinance 2022-1208
March 2, 2022
__________________________________
Serge Dedina, Mayor
ATTEST:
__________________________
Jacqueline Kelly, City Clerk
APPROVED AS TO FORM:
_________________________
Jennifer M. Lyon, City Attorney
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Tower Rd
Iris Ave
Hickory Ct
Downing St
Citrus Ave
Bonito Ave
7th St
Gatlin St
8 ht St
State
Rt 75
Oneonta Ave
Dahlia Ave
Elm
Ave
Hemlock Ave
Caspian Way
Calla Ave
Lexington St
Holly Ave
Delaware St
C St Cherry Ave Carnation Ave
Spruce St
Donax Ave
Thorn St
Imperial Beach Blvd
Elkwood Ave
Evergreen Ave
Ebony Ave
Elder Ave
5 ht St
Cali of rnia St
Louden Ln
East Ln
Connecticut St
A St
3rd St
Cypress Ave
Butler St
Date Ave
11 ht St
Daisy Ave
14th St
Hwy 75
12th St
Florence St
Georgia St
15th St
Granger St
Beverly
Ave
13th St
Emory St
F ol r di a St
Holly Ave
Essex St
Seacoast Dr
Saratoga St
Ocean Ln
10th St
Florence St
12th St
9 ht St
7 ht St
Florida St
De al ware St
8th St
13th St
11th St
B St
Palm
Ave
Fern Ave
Emory St
Palm
Ave
4th St
Calla Ave
5th St
Arriba Ave
Ivy Ln
State Rt 75
Coronado Ave
4th St
Silver Strand Blvd
Seacoast Dr
Sea Park Dr
Corv ni a S
2 t
nd St
Blvd
Ave
Alabama St
Rainbow Dr
10th St Sea View Dr
Imperial Beach Blvd
C
ortez Ave
Encina Ave
Basswood Ave
Donax Ave
Ebony Ave
Elder Ave
Elm
Ave
Beach Ave
Lark Way
Admiralty
Wa
y
Elm
Ave
Grove Ave
Iris Ave
Surfbird Ln
Satellite Blvd
A yl
Jason St
Ionian St
National Demographics Corporation, February 3, 2022 �2021 CALIPER Exhibit A to Ord. No. 2022-1208
City of Imperial Beach
Public Hearing #1
KljȠȅLjǓȖࢱࢳॹࢲࢳࢱࢳ Shannon Kelly
National Demographics Corporation Page 81 of 296
Attachment
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4 What is Redistricting?
Every 10 years, local governments use new data from the census to redraw their district lines to reflect how local populations have changed. Cities must ensure that their district boundaries continue to be in population balance. If districts are out of balance, they must be adjusted or redrawn to bring them into balance.The primary goal when developing election districts is to draw lines that respect neighborhoods, history and geographical elements. The final map of districts will be used for Imperial Beach’s City Council elections for the next 10 years starting in 2022.
5 Why Are We Doing this Again so Soon?
Every 10 years the federal government conducts a census and each City must update its election districts to reflect the latest population counts.Imperial Beach went through a process to move to council districts in 2018. District maps were drawn in 2018 using 2010 population counts. The first election using these districts was 2020.The California adjusted 2020 census data shows that the current districts are in balance.The Fair Maps Act was passed in 2019 to govern how cities conduct redistricting.