Agenda packet — Imperial Beach City Council, June 15, 2022 (part 2 of 3)

Engineering and Traffic Survey for Speed Limits 21
City of Imperial Beach

STREET LOCATION
Posted
Speed
Limit
85th
Percentile
Speed
Median
Speed
10 mph
Pace
Range
Percent of
Vehicles
In Pace
Recommended
Speed Limit
Recommended
Action Justifications/Comments
Palm Avenue
13 Seacoast Drive to 3rd Street 25 mph 28 mph 25 mph 20-29 mph 94% 25 mph No change Apply Option Two: For cases in which the nearest 5 mph increment of the 85th-percentile speed would require a rounding up, then the speed limit may be rounded down to the nearest 5 mph increment below the 85th percentile speed, if no further reduction is used (CA MUTCD Section 2B.13 Standard 12a, Option 2). 14 3rd Street to Delaware Street 35 mph 37 mph 33 mph 28-37 mph 82% 30 mph Decrease to 30 mph Apply Option One: The posted speed may be reduced by 5 mph from the nearest 5 mph increment of the 85th percentile speed. Adjacent church with increased consideration for vulnerable pedestrian groups including children, seniors, persons with disabilities CVC 627 (c)(2).

SR-75 / Palm Avenue
15 North City Limits to 9th Street
(southbound/eastbound) 45 mph 42 mph 37 mph 31-40 mph 76% 40 mph Decrease to 40 mph Apply CAMUTCD Section 2B.13 Standard 12a: When a speed limit is to be posted, it shall be established at the nearest 5 mph increment of the 85th-percentile speed of free-flowing traffic. 16 9th Street to 13th Street
(eastbound) 40 mph 42 mph 37 mph 32-41 mph 78% 40 mph No change Apply CAMUTCD Section 2B.13 Standard 12a: When a speed limit is to be posted, it shall be established at the nearest 5 mph increment of the 85th-percentile speed of free-flowing traffic. 17 13th Street to 9th Street
(westbound) 40 mph 44 mph 39 mph 35-44 mph 71% 40 mph No change Apply Option Two: For cases in which the nearest 5 mph increment of the 85th-percentile speed would require a rounding up, then the speed limit may be rounded down to the nearest 5 mph increment below the 85th percentile speed, if no further reduction is used (CA MUTCD Section 2B.13 Standard 12a, Option 2). 18 9th Street to North City Limits
(northbound / westbound) 45 mph 42 mph 38 mph 33-42 mph 78% 40 mph Decrease to 40 mph Apply CAMUTCD Section 2B.13 Standard 12a: When a speed limit is to be posted, it shall be established at the nearest 5 mph increment of the 85th-percentile speed of free-flowing traffic.

Rainbow Drive
19 SR-75 to Palm Avenue 30 mph 31 mph 26 mph 22-31 mph 77% 25 mph Decrease to 25 mph Apply Option One: The posted speed may be reduced by 5 mph from the nearest 5 mph increment of the 85th percentile speed. Justification: Accident rate is higher than the Statewide accident rate.

Seacoast Drive
20 Palm Avenue to Imperial Beach
Boulevard 25 mph 23 mph 19 mph 15-24 mph 88% 20 mph Decrease to 20 mph Apply CVC 22358.9 (b) (1,2 & 4) Business Activity District. Accident rate is higher than the Statewide accident rate. 21 Imperial Beach Boulevard to
Southern Terminus 25 mph 27 mph 24 mph 18-27 mph 81% 25 mph No change Apply CAMUTCD Section 2B.13 Standard 12a: When a speed limit is to be posted, it shall be established at the nearest 5 mph increment of the 85th-percentile speed of free-flowing traffic.

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BOUNDARY RD

CASPIAN WAY

IMPERIAL BEACH BLVD

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ONEONTA AVE ONEONTA AVE

HOLLY AVE HOLLY AVE

HICKORY CT

GROVE AVE

FERN AVE FERN AVE

CALLA AVE

CYPRESS AVE

CHERRY AVE

BASSWOOD AVE

SPRUCE ST

THORN ST

PALM AVE PALM AVE

DAHLIA DAHLIA AVE

DONAX DONAX AVE

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CITRUS AVE CITRUS AVE

BONITA AVE GALLA AVE SILVER STRAND

GALLA AVE

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EVERGREEN AVE

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EBONY AVE

ELDER AVE

ELKWOOD AVE

IRIS AVE
2ND ST
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5TH ST
8TH ST

DELAWARE ST
7TH ST 7TH ST

SEACOAST DR

OCEAN LN

HEMLOCK AVE

GATLIN ST

BUTLER ST

HEMLOCK AVE

TOWER RD

IRIS AVE

SARATOGA ST

BOUNDARY RD
10TH ST
9TH ST 9TH ST
5TH ST

CALIFORNIA ST

LOUDEN LN

EAST LN

DROWNING ST

DELAWARE ST

CONNETICUT ST
7TH ST

GRANGER ST
14TH ST
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FLORENCE ST FLORENCE ST

FLORIDA ST

GEORGIA ST
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Pacific
Ocean
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EMORY ST
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FLORIDA ST
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15TH ST
CORONADO AVE ATWATER ST 16TH ST

SEA PARK DR

ARRIBA AVE
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NotTo Scale
City of Imperial Beach, Engineering and Traffic Survey for Speed Limits Figure 5-1
Recommended Speed Limit PosƟngs

LEGEND
No Change Recommended
Speed Limit Change Recommended
City Boundary
xx
SPEED
LIMIT
xx
SPEED
LIMIT
Attachment 4

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P a g e | 1
June 1, 2022
ITEM TITLE: CITY COUNCIL CONSIDERATION OF ORDINANCE 2022-2214 AMENDING CHAPTERS 6.04, 12.68, 12.56, 4.64, 12.33, 10.12 OF THE IMPERIAL BEACH MUNICIPAL CODE RELATED TO USE OF CITY PARKS AND PUBLIC PLACES. (0900-95).

ORIGINATING DEPARTMENT:

Parks & Recreation
EXECUTIVE SUMMARY:

Staff has prepared several amendments to various chapters of the Imperial Beach Municipal Code to clarify the rules and regulations associated with city parks and public places in the City. Some of the existing rules and regulations are inconsistent and not clear and the amendments by staff will improve consistency of regulations for all city park and public spaces.

RECOMMENDATION:

Introduce ordinance by title only waiving the full reading of the ordinance and set adoption for the next regular meeting.

OPTIONS:
 Introduction of Ordinance 2022-2214 amending the codes related to city parks and public spaces
 Continuation of the item with direction provided to the City Manager  Reject the proposed Ordinance and amendments to the Municipal Code BACKGROUND/ANALYSIS:

The current park and public spaces in Imperial Beach are used by all residents but have inconsistent regulations that are sometimes unclear in some instances to those using the parks and public spaces. Staff has prepared a series of amendments to allow the regulations to be applied more consistently. In summary form (more detailed in Ordinance 2022-2214), staff is recommending the following modifications to the Imperial Beach Municipal Code:

1. Section 12.56.020(D) would be amended to simplify and expand the language relating to violations of the code. Rather than attempt to list each potential violation, the new language is inclusive to read that any violation of the code is unlawful and the definition of a public park was clarified.

2. Uses and hours of operation on the Pier and in the parks have been clarified.

3. Language was expanded to provide the Park Rangers and Code Compliance Officers with the authority to enforce the regulations.

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P a g e | 2

4. Allowable uses on the soccer field in Veterans Park, and the Skatepark at the Sports Park will be clarified.

5. The process for obtaining a park use permit has been included.

6. Allowable uses and access considerations for the ball fields has been updated.

Ordinance 2022-2014 identifies modifications to Chapter 6.04, Chapter 12.68, Chapter 12.56, Chapter 4.64, Chapter 12.33, and Chapter 10.12 of the Imperial Beach Municipal Code in more detail, and when implemented will clarify and enhance the existing regulations and rules for park and public spaces in the City.

ENVIRONMENTAL DETERMINATION:

Not a project as defined by CEQA.

FISCAL IMPACT: None
ATTACHMENTS: Ordinance 2022-2014

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1 ATTACHMENT 1
ORDINANCE NO. 2022-2014

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, AMENDING CHAPTERS 6.04, 12.68, 12.56, 4.64, 12.33, 10.12 OF THE

IMPERIAL BEACH MUNICIPAL CODE RELATED TO USE OF CITY PARKS AND PUBLIC PLACES
WHEREAS, the City of Imperial Beach ("City") desires to provide for the permitting of the use of public parks while safeguarding the City's public recreational property and the rights of members of the public who access and use these facilities; and WHEREAS, the following amendments will allow for the permitting by the City Manager, or designee, of the park areas; and
WHEREAS, additionally, the City desires to provide for the orderly use of the public parks and spaces by members of the public; and
WHEREAS, the City wishes to clarify certain other provisions of the Imperial Beach Municipal Code (“IBMC”).

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 12.56.020(D) of the IBMC shall be amended to read as follows (underline indicates new language and strikethrough indicates deleted language):

D. Violate any of the provisions of Section 6.04.065 of this code. Bring, ride, leave, turn loose or allow any animal to be within any public park; except that a dog or a cat may be brought within a public park so long as it is at all times restrained by a leash not to exceed six feet in length and is in the custody and control of a competent person. No person having control of such dog or cat shall allow such dog or cat to defecate within any public park. It shall be the duty of all persons having control of a dog or cat, to curb such dog or cat and to immediately remove any feces to a proper receptacle. The failure to do so or to immediately remove any feces to a proper receptacle constitutes a violation of this section. This prohibition shall not apply to seeing-eye dogs or other service animal assisting a person with a disability;”
Section 3. A new Section 6.04.065 shall be added to the IBMC to read as follows (underline indicates new language):

Except as provided below, it is unlawful for any person, firm or corporation to bring, leave, turn loose, ride, accompany or allow any animal, including, but not limited to, mammals, reptiles, and birds, in public parks, pier plaza or upon the pier area of the City as defined in Section

12.56.010 of this code.

A. Service animals, usually dogs, that have been specially trained to help people with a disability, are allowed in or upon the pier or pier plaza areas and within public parks if the service animals are being used for such purposes.

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2 B. Official law enforcement dogs or other animals that are under the control of law enforcement officers on official duty are allowed in or upon the pier or pier plaza areas and within public parks.

C. A dog or a cat may be brought within a public park so long as it is at all times restrained by a leash not to exceed six feet in length and is in the custody and control of a competent person.

No person having control of such dog or cat shall allow such dog or cat to defecate within any public park. It shall be the duty of all persons having control of a dog or cat, to curb such dog or cat and to immediately remove any feces to a proper receptacle. The failure to do so or to immediately remove any feces to a proper receptacle constitutes a violation of this section. This section does not allow a dog or cat to be brought onto the pier.

Section 4. Section 12.56.010 Definitions of the IBMC shall be amended to read as follows (underline indicates new language and strikethrough indicates deleted language):

For the purpose of this chapter, the following definitions shall apply:
“Camp” means to reside in or use a park for living accommodation purposes, as exemplified by remaining for prolonged or repetitious periods of time not associated with ordinary recreational use of a park with one’s personal possessions (including, but not limited to, clothing, sleeping bags, bedrolls, blankets, sheets, luggage, backpacks, kitchen utensils, cookware, and similar material), sleeping or making preparations to sleep, storing personal belongings as above defined, regularly cooking or consuming meals, or living in a parked vehicle. These activities constitute camping when it reasonably appears, in light of all the circumstances, that the participants, in conducting these activities, are in fact using the area as a living accommodation regardless of the intent of the participants or the nature of any other activities in which they may also be engaging. “Dunes Park” means the park located at 790 Seacoast Drive. “Pier” means the public fishing pier located on the ocean in the City of Imperial Beach adjacent to Portwood Pier Plaza.
“Portwood Pier Plaza” or “pier plaza” means the park and plaza located at 940 Seacoast Drive.
“Public building” means any building owned or leased by the City. “Public facility” means any place, structure, area or other facility, owned, maintained or controlled by the City, not including public streets and sidewalks. “Public park” means includes but is not limited to: Dunes Park; Veterans Park (including the youth soccer field); Portwood Pier Plaza; Imperial Beach Sports Park (including the skateboard park); Tijuana Estuary Boardwalk; Reama Park; Teeple Park; any municipal park, trail, recreation, or reserve area that is owned, managed, or controlled by the City and under the jurisdiction of the City Manager; all dedicated parks and traffic islands maintained by the City; or any additional park space or recreation facilities identified on Table P-1 of the City’s General Plan. “Park” does not include recreation facilities or tot lots owned and maintained by private associations. and includes all dedicated parks and traffic islands maintained by the City, including the sports park, the skateboard park, and the Veterans Park Youth Soccer Field as defined herein.
“Public parking lot” means any place, structure or area owned or leased by the City and operated as an off-street parking facility.

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3 “Public playground” means a place, structure, area, or other facility under the jurisdiction of the government body of the City used for community recreation purposes such as playing fields or courts, swimming pools, gymnasiums, auditoriums and meeting places. “Skateboard park” means the skateboard park located at 425 Imperial Beach Boulevard immediately south of the Sports Park Recreation Center. “Soccer field” means the City’s Veterans Park Youth Soccer Field located at 1075 8th Street.
“Sports park” means the City’s sports park located at 425 Imperial Beach Boulevard.

Section 5. Section 4.64.020 of the IBMC shall be amended to read as follows (underline indicates new language and strikethrough indicates deleted language):
“Park” includes but is not limited to: Dunes Park; Veterans Park(including the youth soccer field); Portwood Pier Plaza; Imperial Beach Sports Park(including the skateboard park); Tijuana Estuary Boardwalk; Reama Park; Teeple Park; any municipal park, trail, recreation, or reserve area that is owned, managed, or controlled by the City and under the jurisdiction of the City Manager; all dedicated parks and traffic islands maintained by the City; or any additional park space or recreation facilities identified on Table P-1 of the City’s General Plan. “Park” does not include recreation facilities or tot lots owned and maintained by private associations. means Dunes Park, Veterans Park, Port-wood Pier Plaza, Imperial Beach Sports Park, Tijuana River National Estuarine Research Reserve, or any additional park space or recreation facilities identified on Table P-1 of the City’s General Plan.

Section 6. the Title of Chapter12.68 of the IBMC shall be amended to read as follows (strikethrough indicates deleted language):

Chapter 12.68 PUBLIC FISHING PIER AND PIER PLAZA
Section 7. Section 12.68.005 of the IBMC shall be amended to read as follows (underline indicates new language):

The City Manager may delegate authority for the enforcement of the provisions of this chapter to a lifeguard, park ranger, code enforcement officer, or law enforcement officer of the City. It is unlawful for any person, without lawful authority, to:

A. Refuse to follow or comply with any lawful order, signal or lawful direction of a lifeguard, park ranger, code enforcement officer, or law enforcement officer of the City; or B. Deface, injure, tear down or remove any sign or warning placed for the purpose of enforcing the provisions of the chapter; or
C. Willfully resist, delay or obstruct any lifeguard, park ranger, code enforcement officer, in the discharge or attempt to discharge any duty of his or her position.

Section 8. Section 12.68.010 of the IBMC shall be amended to read as follows (underline indicates new language and strikethrough indicates deleted language):

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4 It is unlawful for any person, firm or corporation to do or cause to be done any of the following acts upon the public fishing pier or pier plaza in the City:

A. To operate a bicycle, skateboard, roller skates or to ride a bicycle or other vehicle on the deck of the pier, pier plaza or adjacent walkways to the pier and pier plaza; B. To ride or drive any automobile, horse or other vehicle or animal on the pier or pier plaza unless authorized to do so by the City Council and a permit is obtained therefor; C. To dive, jump or enter the water from the pier or to push, shove or cause any person to fall, dive or jump from the pier; provided, however, that this section shall not apply to regularly employed lifeguard personnel of the City engaged in lifeguard training or in emergency jumps from the pier for the purpose of saving or attempting to save lives or property;
D. To possess, bring onto or have a surfboard on the deck, rail or any portion of the pier; E. To be or remain upon the landing stage of the pier, except for the purpose of going to or from boats alongside the pier;
F. To cast any fishing line or pole using above-rail casting or allow any lure, hook, or weight to pass inboard of the pier railing while casting; G. To clean or cut up fish thereon, except at places provided for that purpose; H. To bring clamshells, kelp, fish, papers or other debris on the pier, unless every person bringing the same or any thereof upon the pier keeps the same in a receptacle and removes the same upon leaving the pier;
I. To write or mark upon, break or otherwise deface the pier or pier plaza or any part thereof or any of the buildings, structures, posts, standards, seats, tables or other equipment or other things constructed or placed thereon or thereunder; J. To litter by throwing fish, fish matter, bait, kelp or other material on the pier or pier plaza or any part thereof or any of the buildings, structures, posts, standards, seats, tables or other equipment or other things constructed or placed thereon or thereunder; K. To break, destroy, demolish, deface or in any manner tamper with any electric bulbs, light globes, light posts, light standards, lights, wiring, switchboards, switches or other things constructed or used in connection with the lighting of the pier or pier plaza; L. For any person to fish by means of more than two poles in use by that person off the pier at the same time. For the purpose of this chapter, fishing by means of a drop line or cord shall be construed and means the same as fishing by means of a pole; M. To bring onto or have in possession on the pier any bow and arrow, fishing spear, fishing spear gun, or similar underwater fishing device; N. To cast in the water adjacent to the pier or on the pier, a fishing line, lobster trap, crab trap, any mussel hook, or any other such device in such a manner as to create a hazard to any other person;
O. To sit, walk, climb, or balance on or across the rails of the pier or to cause another person to climb on or across the rails of the pier; provided, however, that this section shall not apply to regularly employed lifeguard personnel of the City engaged in lifeguard training or in emergency jumps from the pier for the purpose of saving or attempting to save lives or property;

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5 P. Deface, injure, destroy, tear down, break into, climb or hang onto any structure or building placed on the public fishing pier, pier plaza or pier parking lot areas of the City; Q. Set up or cast a fishing line in areas on the pier that have been closed to fishing; or R. Sleep, camp, lodge, or erect, maintain, use, or occupy any tent, lodge, shelter, canopy, or structure on the public pier;
S. Camp, lodge, or sleep, or tarry between sunset and 7:00 a.m.; or at any time to erect, maintain, use, or occupy any tent, lodge, shelter, or structure in the pier plaza of this City, unless the tent, lodge, shelter, or structure has two sides open and there is an unobstructed view of the interior from the outside on at least two sides; or TS. Store personal property, including camp facilities and camp paraphernalia on the pier; and
T. Violate any of the provisions of Section 6.04.065 of this code.

U. Erect in the pier plaza of the City a canopy, screen, beach cabana, or sun shade in excess of 100 square feet in size or without at least two sides completely open to public view, or between sunset and 7:00 a.m.;
V. Place, erect or set any equipment, such as a canopy, umbrella, wall or any other object in the pier plaza of the City which may unreasonably obstruct or impede the view or access of:

1. Public safety personnel at any time; or

2. Any member of the public during events issued a City special events permit. (Ord. 2019-1182 § 5; Ord. 2003-1005 § 3)
Section 9. Section 12.68.060 of the IBMC shall be amended to read as follows:

12.68.060 Reserved.Animals prohibited.

A. Service animals, usually dogs, that have been specially trained to help people with a disability, are allowed in or upon the pier or pier plaza areas if the service animals are being used for such purposes.

B. Official law enforcement dogs or other animals that are under the control of law enforcement officers on official duty are allowed in or upon the pier or pier plaza areas. (Ord. 2003-1005 § 3)
Section 10. Section 12.68.075 shall be amended to read as follows (underline indicates new language and strikethrough indicates deleted language):

12.68.075 Public fishing pier and pier plaza—Hours of operation.

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6 A. The public fishing pier shall be open to the public 24 hours a day, every day, subject to Section 12.68.035 of this chapter. Persons accessing the pier can traverse through pier plaza any time for the purpose of using the public fishing pier.

B. No person shall remain in or occupy the grounds of the pier plaza between the hours of 10:00 p.m. and 5:00 a.m. any day. A violation of this section shall be a misdemeanor punishable as provided in Chapter 1.12 of this code.

C. The prohibition on pier plaza use contained in this section shall not apply to persons traversing the pier plaza at any time for the purpose of using the public fishing pier. (Ord. 2005-1021 § 1; Ord. 2003-1005 § 3)
Section 11. Section 12.56.020(X) shall be amended to read as follows (underline indicates new language and strikethrough indicates deleted language):

X. Reserved.Remain upon the grounds of a public park or public playground, or occupy the grounds of such park or playground or any part thereof, or use any of the facilities or equipment therein, or permit any vehicle to remain therein, except between the hours of 7:00 a.m. and 10:00 p.m. of any day, unless authorized by the City Manager under the provisions of Section 12.56.030 of this code. The City Manager may, in reasonable discretion, designate and enforce a suitable and proper time for closing such grounds or facilities and equipment;
Section 12. Chapter 12.56 shall be amended to add a new Section 12.56.025 to read as follows (underline indicates new language):

12.56.025 Public parks- Hours of operation.

A. All public parks and playgrounds with the exceptions of Skateboard Park, Dunes Park, and Pier Plaza shall be closed between the hours of 10:00 pm and 7:00 am daily, unless authorized by the City Manager under the provisions of Section 12.56.030 of this code.

B. Dunes Park and Pier Plaza shall be closed between the hours of 10:00 pm and 5:00 am daily, unless authorized by the City Manager under the provisions of Section 12.56.030 of this code.

C. The City Manager may, in reasonable discretion, designate and enforce a different suitable and proper time for closing such grounds or facilities and equipment in any public park or playground if necessary.

D. It shall be unlawful to remain upon the grounds of a public park or public playground, or occupy the grounds of such park or playground or any part thereof, or use any of the facilities or equipment therein, or permit any vehicle to remain therein between the hours listed above in Sections A. and B.

Section 13. Section 12.56.065 shall be amended to read as follows (underline indicates new language and strikethrough indicates deleted language):

12.56.065 Soccer field—Use and regulations.

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7 In addition to the rules and regulations found in this chapter and Section 8.84.030(12) of this code, the following policies and restrictions shall also apply to use of the soccer field:

A. The City Parks and Recreation Department Boys and Girls Club of Imperial Beach (“Club”) shall be responsible for scheduling the use of the soccer field for organized sporting events pursuant to provisions of the memorandum of understanding between the Boys and Girls Club of Imperial Beach and the City of Imperial Beach approved by the City Council as that document may be amended from time to time (the “MOU”).

B. The City shall, from time to time by resolution, establish applicable fees for use of the soccer field.

C. Unless the soccer field is reserved for use in an organized sporting event coordinated by the Club by a community group, non-profit, or sports league and reserved with a permit through the City Parks and Recreation Department as provided in the MOU, the soccer field shall be available for use by members of the general public on a first-come, firstserved basis.

D. It is unlawful for any person or group of persons, who have not reserved the soccer field as provided in the MOU, to fail or refuse to promptly leave the soccer field following a request to do so by a representative of the Club, other City representative, or a law enforcement officer.

E. Golfing is prohibited on the field.

F. Every player using the soccer field shall clean his or her footwear prior to accessing the field to avoid soiling or staining the field from dirt or mud.

G. Users must wear molded cleats or other athletic shoes only, metal cleats or “V” cleats are prohibited.

H. Sharp objects, including tent stakes, corner flags, or other objects that can penetrate the surface of the field, are prohibited.

I. Only freestanding field markers and sports equipment may be used on the field.

J. No food, beverages, cans or bottles (whether plastic or glass) shall be permitted in the activities area of the soccer field. No alcohol or tobacco products shall be permitted in the area of the soccer field. Food items are prohibited on the field, including, but not limited to, chewing gum, sunflower seeds, chewing tobacco, cigarettes, and sports drinks. Water is allowed.

K. No pets are allowed on the field.

L. Bicycles or other unapproved vehicles are prohibited on the field.

M. Only approved athletic equipment may be used on the field.

N. All trash and refuse must be deposited in a park trash receptacle.

O. Only the gates shall be utilized to enter and exit the field. “Fence hopping,” or sitting on the fence is prohibited.

P. No music is allowed at the field.

Q. No outside lights are allowed to be used at the field.

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8 Section 14. Section 12.56.055 shall be amended to read as follows (underline indicates new language and strikethrough indicates deleted language):

12.56.055 Skateboard park—Use and regulations.

In addition to the rules and regulations found in this chapter and Section 8.84.030(12) of this code, the following restrictions shall also apply to the use of the skateboard park:

A. No person shall use inline skates with more than five wheels. Only inline skates with no more than five wheels, Razor scooters as defined in this section, and skateboards are to be used in the skateboard park. A “Razor” scooter is defined as a compact folding kick scooter. It consists of a handlebar, deck and wheels and it is propelled by the rider pushing off the ground. The basic Razor scooter design has an aluminum frame with 98 millimeter polyurethane wheels.

B. No person shall enter, remain in, or use the skateboard park without wearing the required helmet, kneepads, and elbow pads that are commercially manufactured and designed for skateboarding or inline skating. This does not apply to any duly authorized City employee performing the duties of his or her job inside the skateboard park.

C. No person shall use skateboards, Razor scooters, or inline skates with metal wheels.

D. No person shall use a bicycle in the skateboard park.

E. No formal contests of any kind are allowed in the skateboard park without the written approval of the City of Imperial Beach Parks and Recreation Department.

F. No unauthorized obstacles, equipment, materials, or apparatus may be brought into or used in the skateboard park.

G. Notwithstanding the provisions of Section 12.56.025, the hours of operation of the skateboard park shall be from 9:00 a.m. to dusk. It shall be unlawful and no person shall use the skateboard park between the hours of dusk and 9:00 a.m. or when the park has been closed as specified below. If needed to protect the public’s health, safety or general welfare, the City Manager and/or designee may temporarily or permanently change the skateboard park hours of operation. The City Manager or designee may also temporarily close the skateboard park for public health and safety reasons, maintenance, special events, instructional clinics and other City-sponsored activities. Such temporary closures shall be noted by the placing of signs in conspicuous locations at or near the skateboard park. If deemed by the City Manager or designee that a hazardous condition exists within the skateboard park, the gates will be locked until that condition has been eliminated. Notwithstanding the provisions of Section 12.56.020(X), the hours of operation of the skateboard park shall be from 9:00 a.m. to 6:00 p.m. during Pacific Standard Time and from 9:00 a.m. to 8:00 p.m. during Daylight Savings Time. No person shall use the skateboard park between the hours of 6:00 p.m. and 9:00 a.m. during Pacific Standard Time or between the hours of 8:00 p.m. and 9:00 a.m. during Daylight Savings Time. If deemed by the City Manager or designee that a hazardous condition exists within the skateboard park, the gates will be locked until that condition has been eliminated.

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9 H. At any time, the City Manager or designee is authorized to create and post additional rules and regulations, the violation of which may be punishable by expulsion from the skateboard park.

Section 15. Section 12.33.010(C) of the IBMC is amended to read as follows (underline indicates new language):

C. Special events do not include activities at parks or recreation facilities, libraries or other centers for which a specific permit process of facilities use regulations exist, such as temporary outdoor sales or displays as covered by Section 19.72.050 of this code or park use permits under Section 12.56.070 of this code. When the special event involves activity which is protected by the first amendment to the U.S. Constitution or Article I, Section 2 of the California Constitution then only the definite objective guidelines of this chapter and any other chapter of this code applicable to the special event shall apply which standards are:

1. The conduct of the special event will not substantially interrupt the safe and orderly movement of other traffic contiguous to its location;

2. The conduct of the special event will not require the diversion of so great a number of law enforcement personnel to properly police the location and the areas contiguous thereto as to prevent normal law enforcement protection to the City;

3. The conduct of the special event will not interfere with the movement of firefighting equipment en route to a fire or with other proper fire protection of areas contiguous to such locations;

4. The conduct of the special event is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct or create a disturbance;

5. The special event where movement is involved is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route;

6. The special event is not to be held for the sole purpose of advertising any product, goods or event, and is not designed to be held purely for private profit.

Section 16. Section 12.56.070 of the IBMC is amended to read as follows (underline indicates new language and strikethrough indicates deleted language):

12.56.070 Issuance of park use permits for picnic shelters, tables and public areas.

A. It is unlawful in a City park to use a group picnic shelter or other public area designated for group use of 25 or more persons without prior authorization from the City or its designees.

Group picnic shelters for groups of 25 or more persons shall be designated by signs posted by the City for that purpose.

B. No person shall use any public park, public playground, public parking lot or public building for an activity for which a fee is charged without first having paid the fee required therefor and having received all required permit(s). The use, occupancy or permitting a vehicle to remain upon the park grounds between 10:00 p.m. and 7:00 a.m. for any purpose shall also require a permit from the City Manager.

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10 C. All groups desiring to make reservations for a group picnic shelter or other public area must complete a park reservation request form, submit a refundable cleaning and security deposit, and pay the required fee(s) at the time of request. Upon submission of a completed park reservation request form application presented at least three days in advance as required by the applicable City policy, the City Manager, or designee, will issue a park use permit under this chapter provided the required fees and deposit has been paid, unless the City Manager, or designee, finds that the event or activity will violate any provisions of this code or applicable City policy or cause any of the following conditions to occur:

1.A. Violate local, state or federal law;

2. B. Exceed the capacity of the City park, recreation center, or ball field for safe conduct of the event;

3. C. Present a clear and present danger to the health, safety or welfare of the public or other park users;

4. D. Conflict with the terms or conditions of a valid prior issued permit or agreement;

5. E. Involves the use of machinery or equipment which can damage park or recreation property;

6. F. Involves activity, equipment, or a number of persons or a combination thereof which, in the opinion of the City Manager or designee, is or constitutes a threat to public health and safety.

D. It is unlawful for any person or group of persons within a City park, without a permit issued by the City, to fail or refuse to promptly leave a picnic shelter or other public area designated for group use by 25 or more persons following notification by a park ranger or other person designated for that purpose by the City, or a police officer.

Section 17. Section 12.56.030 of the IBMC is amended to read as follows (underline indicates new language and strikethrough indicates deleted language):

12.56.030 Reserved. Use restriction and fee payment.

No person shall use any public park, public playground, public parking lot or public building for an activity for which a fee is charged without first having paid the fee required therefor and having received all required permit(s). The use, occupancy or permitting a vehicle to remain upon the park grounds between 10:00 p.m. and 7:00 a.m. for any purpose shall also require a permit from the City Manager.

Section 18. Section 12.56.060 of the IBMC is amended to read as follows (underline indicates new language and strikethrough indicates deleted language):

12.56.060 Sports park—Group Ball fields use and regulations.

In addition to the rules and regulations found in this chapter, the following restrictions shall also apply to use of the sports park:

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11 A. All groups desiring to make reservations and obtain a permit to use the picnic shelters or ball fields must complete a reservation request form provided by the City, submit a refundable cleaning and security deposit and pay the required fee(s) at the time of request.

B. The City Manager shall approve and designate reservation policies for the use of the picnic shelters and ball fields, including appropriate reservation procedures and deposits.

The City Council shall, from time to time by resolution, establish applicable fees.

C. At the conclusion of a group’s use of a picnic shelter or ball field, a City representative shall inspect the area to determine that it has been cleaned and that no damage has occurred. Upon confirmation that the area is in satisfactory condition, the cleaning and security deposit shall be refunded. However, if the area has not been properly cleaned or damage to public property is noted, the City Manager or designee will cause it to be cleaned or repaired with the actual costs of said work being deducted from the cleaning and security deposit. If the costs of cleaning or repair exceed the amount of the deposit, the group or organization reserving the shelter or ball field will be billed for the balance due.

The Administrative Services Director shall forward to the group an accounting of Cityincurred expenses in explanation of use of deposited funds and/or additional billing requests. Interest shall accrue on all balances not paid within 30 days after the billing date at the rate of one-half of one percent per month or fraction thereof on the original balance due, from the date on which the remittance first became delinquent until paid.

D. Groups shall not exceed the maximum size for the assigned picnic shelterarea. Any group exceeding the maximum as determined by the City Manager or designee will forfeit its cleaning and security deposit. This occurrence may also be grounds for disapproval of future requests.

E. Reservations cancelled less than seven days in advance will be subject to a cancellation fee. The cancellation fee shall be in such amount as determined by City Council resolution. If the reservation is cancelled seven days or more in advance, the use fee and cleaning and security deposit will be refunded in full. Cancellations must be made during normal business hours of the recreation services office and may be made by telephone or in person. In the event of inclement weather, the group may either receive a full refund of the use fee and the cleaning and security deposit or reschedule its reservation.

F. All groups must be confined to assigned areas, unless they are involved with recreational activities. No picnic tables, benches, grills, or other park equipment may be moved from any other area without express permission from the City Manager or designee.

Groups may not change assigned fieldspicnic areas without permission of the City Manager or designee.

G. All group members and caterers must use the parking area(s) designated by the City on the reservation form. Any vehicle not parked in such designated area(s) or space(s) may be ticketed.

H. Failure to comply with all rules and regulations contained herein may result in cancellation of the use permit, forfeiture of all deposits and fees, and arrest and fine.

I. Group picnic shelters designated for use by groups of more than six persons but less than 50 persons and bBall fields shall be available for use by members of the general

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12 public, on a first-come, first-served basis, unless such shelter or ball field is reserved for use by a group and a valid permit is issued for said reserved use.

J. It is unlawful for any person(s) to use a group picnic shelter designated for use by groups of more than six persons but less than 50 persons, or to use a ball field, if reservations have been made by, and City has issued a permit to, another person or group of persons for such use. Group picnic shelters for groups of more than six persons but less than 50 persons, and reservations for tThe use of such fields shelters, shall be designated by signs posted by the City for that purpose.

K. It is unlawful for any person or group of persons, who do not possess the necessary permit, to fail or refuse to promptly leave a picnic shelter designated for use by groups of more than six persons but less than 50 persons or a ball field, following notification by a City representative or law enforcement officer.

Section 19: Section 12.56.090 of the IBMC is hereby amended to read as follows (underline indicates new language):

The granting or refusal of any permit by the City Manager, or designee, pursuant to this chapter, shall be final unless appealed to the City Council within 10 days from the date of service of written notice of the decision of the City Manager, or designee. Failure to file an appeal within such 10- day period shall constitute a waiver of the right to such appeal. Appeals shall be filed with the City Clerk and accompanied by a nonrefundable fee. The amount of such fee shall be as determined by resolution of the City Council, from time to time.

Section 20. Section 10.12.010 of the IBMC is amended to read as follows (underline indicates new language and strikethrough indicates deleted language):

10.12.010 Enforcement and direction authority.

A. It shall be the duty of the l Law enforcement officers or such City employees officers as are assigned by the City Manager are authorized to enforce all street traffic laws, including but not limited to stopping, standing, or parking laws, of this City and all of the state vehicle laws applicable to street traffic in this City.

B. Law enforcement officers are authorized to direct all traffic by voice, hand or other signal in conformance with traffic laws; provided, that in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, law enforcement officers may direct traffic as conditions may require, notwithstanding the provisions of the traffic laws.

C. Officers of the Fire Department, when at the scene of a fire or when in the course of their duties they are protecting the personnel or equipment of the Fire Department, may direct or assist law enforcement officers in directing traffic.

Section 21. Section 12.56.020 of the IBMC is amended to add a new subsection EE. to read as follows (underline indicates new language):

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13 EE. To operate a bicycle, skateboard, scooter, or roller skates, except as allowed pursuant to section 12.56.055 of this Code inside skateboard park.

Section 22. This Ordinance shall become effective thirty (30) days following its passage and adoption.

Section 23. 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 15th day of June 2022, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Imperial Beach, California, held on the 3rd day of August 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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June 15, 2022
ITEM TITLE: 2K COMMERCIAL PALM IB, LLC (APPLICANT); CP-22-0008, DRC-22-0022, SPR-22-0023, CUP-22-0007, & CEQA EXEMPTION PER CEQA GUIDELINES 15332 FOR MIXED-USE DEVELOPMENT WITH 14 RESIDENTIAL UNITS & 2,212 SF COMMERCIAL SPACE AT 236 PALM AVE. USE-22-77.

ORIGINATING DEPARTMENT:

Community Development
EXECUTIVE SUMMARY:

An application (Master File 1282) was originally filed with the City on March 20, 2018 and the City Council reviewed the project (Resolution 2019-8001) and the vacation of a portion of the City’s right of way and easements (Resolution 2019-8002) on January 16th, 2019 and approved the project and right of way vacation with a vote of 4-0 (1 member was disqualified). Due to the unforeseeable circumstances related to the Coronavirus impacting the applicant’s ability to obtain funding for the construction of the project, the project was delayed and the project approvals expired.

The property transferred ownership and the new owner is proposing the same project, which requires a new approval. As such, a new application (USE-22-0077) was filed with the City on April 19, 2022 for a Regular Coastal Development Permit (CP-22-0008), Design Review Case (DRC-22-0022), Site Plan Review (SPR-22-0023), Conditional Use Permit (CUP-22-0007), and Categorical Exemption pursuant to CEQA Guidelines 15332 (In-Fill Development Projects) proposing to construct the same project that was previously approved by Resolutions 2019-8001 and 2019-8002. The project proposed is a new mixed-use development with approximately 2,212 square feet of commercial space and fourteen (14) residential units with an affordable housing component on a 9,139 square feet property located at 236-238 Palm Avenue (APN 625-023-07- 00) in the C/MU-2 (Seacoast Commercial & Mixed-Use) Zone. The previously approved project originally proposed two affordable units, though three were approved. The new application is for two affordable units. The design of the project has not changed. The applicant is also proposing to purchase approximately 3,262 square feet of un-used right-of-way and excess dedicated easements on the northern side of Palm Avenue from the City of Imperial Beach, which easements and right-of-way the City would summarily vacate, with a reservation of utility easements, if the project is approved. The total size of the new lot would be 12,401 square feet.

The proposed structure would measure thirty-five (35) feet in height with ground level parking spaces behind the commercial space and under the structure.

RECOMMENDATION:

That the City Council hold the public hearing; consider public input, and adopt Resolution 2022- 45, approving Regular Coastal Development Permit (CP-22-0008), Design Review Case (DRC22-0022), Site Plan Review (SPR-22-0023), Conditional Use Permit (CUP-22-0007), and Categorical Exemption pursuant to CEQA Guidelines 15332 (In-Fill Development Projects) to construct a new mixed-use development with approximately 2,212 square feet of commercial space and fourteen (14) residential units with an affordable housing component at 236-238 Palm

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Avenue (APN 625-023-07-00) in the C/MU-2 (Seacoast Commercial & Mixed-Use) Zone subject to the conditions as specified in the attached resolution.

OPTIONS:

In addition to receiving this report and adopting staff’s recommendations, the City Council can:
• Approve the project with modifications requested by the City Council; or • Disapprove the project and deny the requested permits by making specific findings for denial; or
• Continue the Public Hearing to a specific future meeting to allow staff to provide additional information upon which a decision can be rendered.

BACKGROUND/ANALYSIS:

An application (Master File 1282) was
originally filed with the City on March 20,
2018 for a Regular Coastal
Development Permit (CP 180012),
Design Review Case (DRC 180013),
Site Plan Review (SPR 180014),
Conditional Use Permit (CUP 180041),
and Categorical Exemption pursuant to
CEQA Guidelines 15332 (In-Fill
Development Projects). The project was
reviewed by the Design Review Board
on July 26, 2018 and the Board
recommended approval of the project’s
design with a vote of 3-1. The City
Council reviewed the project (Resolution
2019-8001) and the vacation of a portion
of the City’s right of way and easements
(Resolution 2019-8002) on January
16th, 2019 and approved the project and
right of way vacation with a vote of 4-0
(1 member was disqualified). Due to the
unforeseeable circumstances related to
the Coronavirus impacting the applicant’s ability to obtain funding for the construction of the project, the project was delayed and the project approvals expired.

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easements and right-of-way the City would summarily vacate, with a reservation of utility easements, if the project is approved. The total size of the new lot would be 12,401 square feet.

The project site fronts Palm Avenue and the Silver Strand Boulevard (northwest corner of Palm and Silver Strand) in the C/MU-2 Zone. The properties to the north are comprised of single and multi-unit residential uses, the properties to the east and west are comprised of commercial uses, and the properties to the south are comprised of commercial and mixed-use uses. The primary building elevation would face Palm Avenue, which is consistent with the surrounding commercial and mixed-use uses along the Palm Avenue Corridor.

The building consists of two and three-story elements and would measure 35 feet in height with 2,121 square feet of commercial space on the first floor that would provide a 16’-9 1/8” to 19’-1/8” floor to ceiling height. One residential dwelling unit would locate on the first floor behind the commercial space and 13 residential dwelling units would locate above the first floor. The building would provide pedestrian access to the commercial space from Palm Avenue. Pedestrian access to the residential units would be provided from Palm Avenue and Silver Strand Boulevard.

Eighteen parking spaces would locate off Silver Strand Boulevard and an existing curb cut on Palm Avenue would be removed, allowing for additional public parking.

The proposed project design would contribute positively in making an architectural statement along this commercial corridor and staff finds that the proposed design conforms to the intent and purpose of the design standards outlined in Imperial Beach Municipal Code (IBMC) Section

19.83.010 and in the City’s General Plan. The applicant’s design provides varied rooflines and architectural relief through the incorporation of building pop-outs, varied setbacks and stepbacks.

In addition, the project would provide architectural interest on all elevations with varied building materials such as fiber cement panels, plaster, brick veneer, metal window awnings, and cable railings elements. Landscaping would be provided along the north and west property lines as well as the east property line adjacent to the driveway entrance. The proposed landscaping would be drought tolerant plants and pavers.

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Design Review Board
The Design Review Board reviewed the project on July 26, 2018 and recommended approval of the project’s design with a vote of 3-1 (1 absent) (See Attachment 3). The Design Review Board requested that the architect investigate the building height to determine if the height could be reduced in the retail or parking areas to reduce the overall height of the project. The architect considered the matter and responded that the building was designed to respect current view corridors, to allow for the most viable commercial space for the corner property, and the proposed configuration is the best solution. In addition, the building height approaches 35 feet only in very specific locations (at the top peak of the pitched roof portions, and at the top of the parapet walls, intended to specifically screen the rooftop HVAC equipment), and the majority of the building does not reach 35 feet.

General Plan Consistency:

C/MU-2 (Seacoast Commercial and Mixed-use) Zone: The purpose of the C/MU-2 Zone is to provide land to meet the demand for goods and services required primarily by the tourist population, as well as local residents who use the beach area. It is intended that the dominant type of commercial activity in the C/MU-2 Zone will be visitor-serving retail such as specialty stores, surf shops, restaurants, and hotels and motels. Mixed-use and multiple family residences are also permitted in the C/MU-2 Zone. The development standards of the C/MU-2 Zone encourage pedestrian activity through the design and location of building frontages and parking provisions (IBMC Section 19.27.010). The proposed mixed-use project meets the purpose and intent of the land use designation.

Density: A lot size of 12,401 square feet in the C/MU-2 Zone permits for eight residential units with a base density of one unit for every 1,500 square feet of lot area, or ten units with a Conditional Use Permit, allowing for one unit for every 1,210 square feet of lot area. However, state law allows for up to a 50% density bonus over the maximum allowable gross residential density for projects that designate at least 15% of the units as very low-income units (Government Code Section 65915). In addition, all density calculations resulting in fractional units shall be rounded up to the next whole number for projects that include affordable housing. The below chart outlines the potential density calculations for the project. The proposed 14 residential units does not exceed the density bonus provisions per state law.

Density Density Calculation Allowed Units
Base Density 1 unit per 1,500 sq. ft. lot area = 8.28 8 units CUP Density 1 unit per 1,210 sq. ft. lot area = 10.25 10 Units Base Density with
Affordable Bonus
1 unit per 1,500 sq. ft. lot area = 8.28
units (9 when rounded up per state law)
2 very low income units = 22% (2/9 =
22%), which allows for a 50% density
bonus
50% bonus = 4.5 extra units (5 when
rounded up per state law)
9 + 5 = 14 units
14 Units

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CUP Density with
Affordable Bonus
1 unit per 1,210 sq. ft. = 10.25 units (11
when rounded up per state law)
2 very low income units = 18% (2/11 =
18%), which allows for a 50% density
bonus
50% bonus = 5.5 extra units (6 when
rounded up per state law)
11 + 6 = 17 units
17 Units
Height: The building height in the C/MU-2 Zone permits 30 feet, and pursuant to Imperial Beach Municipal Code Section 19.27.070, properties east of Seacoast Drive or on Palm Avenue may have a height limit not to exceed three stories and 35 feet with approval of a conditional use permit that demonstrates compliance with side yard setbacks and/or stepbacks that protect street-end public views towards the ocean, and that two or more of the development incentives listed in IBMC Section 19.27.020(A)(5) are provided. The applicant is requesting a conditional use permit for a building height of 35 feet. The project would not impact street-end public views toward the ocean and the applicant is proposing to meet three development incentives as noted below. In response to inquiries related to privacy for neighboring properties to the north, the architect has stated that the bedroom windows facing north have been sized to meet minimum emergency egress requirements for sleeping areas and the living room windows facing north have been recessed an additional six feet, 16’ from the northern property line.

Parking: Without incentives, 14 residential units would require 21 parking spaces and 2,212 square feet of commercial space would require two parking spaces for a total of 23 parking spaces. Pursuant to IBMC Section 19.48.035 a 25% reduction for vertical mixed-use projects is permitted resulting in 17 required parking spaces. The project proposes 18 spaces (2 ADA spaces). However, parking stalls adjacent to columns do not provide an extra foot of parking space width on each obstructed side, which is required pursuant to IBMC 19.48.090.C. The applicant is proposing to apply an affordable housing concession to allow for a reduced parking stall width for spaces adjacent to columns pursuant to IBMC Chapter 19.65.060 and California Government Code Section 65915. Government Code requires concessions to be provided unless the City makes findings that the concession is not required in order to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or that the concession would provide a specific adverse impact as defined by Government Code 65589.5, or if it is contrary to State or Federal law. Staff finds that the proposed concession would not have an adverse impact because the reduction of parking space width adjacent to columns is unlikely to deter vehicles from utilizing the parking stalls.

If the parking layout as described above is determined to be undesirable, the applicant has the ability to design an alternate plan where standard parking stalls adjacent to columns would comply with the additional width requirement; however, this would result with 17 parking spaces. Though a parking layout with 17 spaces is an option, the design with 18 spaces is recommended because it allows for an additional vehicle to park on the site.

Conditional Use Permit: The increased height is subject to two or more development incentives listed in IBMC Section 19.27.020(A)(5), which are as follows:
a. Project sites that are consolidated to a final size greater than twenty thousand square feet;

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b. Entire project achieves Leadership in Energy and Environmental Design (LEED) Green Building Rating System certification, a comparable green building certification, or can demonstrate the ability to achieve certification;
c. Entire project provides a minimum of seventy-five percent “active commercial uses” on the ground floor;
d. At least twenty-five percent of proposed residential units must be three-bedroom units; e. Provide an additional one hundred square feet of common open space or plaza space with minimum dimensions of six feet by ten feet;
f. Dedicate a minimum of one foot of private property frontage to public use (creates a onefoot front setback dedicated to public use); g. Floors above first floor provide additional stepback of five feet beyond required stepback.

The applicant is proposing to provide three development incentives: (e) providing and additional one hundred square feet of common open space or plaza space with minimum dimensions of six feet by ten feet; (f) dedicating a minimum of one foot of private property frontage to public use (creates a one-foot front setback dedicated to public use) along Palm Ave; and (g) floors above first floor provide additional stepback of five feet beyond required stepback. In addition to the Conditional Use Permit incentives provided above, the project includes an affordable housing component to include very low-income units. While not a specific development incentive, it does address an acute issue facing our community.

Zoning Chart:

C/MU-2 STANDARDS PROVIDED/PROPOSED
Maximum density of one dwelling unit for every one
thousand five square feet of lot area, or if located on the east side of Seacoast Drive or Palm Avenue, east
of Seacoast Drive, one dwelling unit for each one
thousand two hundred and ten gross square feet of lot
area with approval of a conditional use permit by the
City Council that demonstrates compliance with two
or more development incentives (Section 19.27.020).

The property measures 12,401 square
feet (including right-of-way vacation)
and proposes 14 units, including two
(2) very low-income units. The
proposed density does not exceed the
density bonus provisions per state law
(Government Code Section 65915).

Yard requirements for the C/MU-2 zone are as follows
(Section 19.27.040):

A. For lots not fronting on Seacoast Drive there are
no front, side, or rear yard setbacks in the C/MU2 zones except as follows:

B. A ten-foot rear and/or side yard setback is
required for properties abutting any property
zoned R-1-6000.

A. The project fronts Palm Avenue
with a one-foot dedication.

B. The project abuts properties to the
north (rear yard) zoned R-1-6000.

The project provides a ten-foot
setback.

Stepback requirements for the C/MU-2 Zone are as
follows (Section 19.27.041):

A. On property with a side or rear yard abutting a
residential zone, the second-floor stepback shall be a
minimum of five feet from the abutting residential

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property line and the third-floor stepback shall be a
minimum of ten feet from the abutting residential
property line.

B. Stepbacks are not required where the ten-foot
setback is required or observed for at least fifty
percent of the property line abutting residential
property.

A. The second and third floors are
stepped back ten feet from the abutting
residential properties to the north.

B. The project provides the required
ten-foot setback for all floors from the
abutting R-1-6000 Zone to the north
and provides an additional ten-foot
setback and stepback from the
property to the west. Also, portions of
all floors are set back or stepped back
from Silver Strand Boulevard.

Minimum lot size of 3,000 square-feet (Section

19.27.050).

The lot size would measure 12,401
square feet.

Minimum street frontage of 30 feet (Section

19.27.060).

The Palm Avenue frontage is
approximately 116 feet and the Silver
Strand Boulevard frontage is
approximately 95 feet.

Maximum height of three stories or thirty feet,
whichever is less, except as follows (Section

19.27.070):

Properties east of Seacoast Drive shall have a height
limit not to exceed three stories and thirty-five feet with approval of a conditional use permit that
demonstrates compliance with the following:

A. Side yard setbacks and/or stepbacks
have been incorporated into the project to protect
street-end public views towards the ocean;
B. Two or more of the development
incentives listed in Section 19.27.020(A)(5).

The project proposes a building height
of 35 feet and is requesting a
conditional use permit.

A. The project incorporates the
required setbacks and stepbacks and
would not impact street-end public
views.

B. The project is proposing the
following development incentives: 1)
Provide an additional one hundred
square feet of common open space or
plaza space within minimum
dimensions of six feet by ten feet.; 2) A
minimum of one foot of private property
frontage to public use (creates a onefoot front setback dedicated to public use) along Palm Ave.; 3) Floors above
first floor provide additional stepback of
five feet beyond required stepback.

All commercial spaces on the ground floor shall have
a minimum fifteen-foot floor-to-ceiling height; and
single-story commercial buildings shall have a
The project is proposing a floor-toceiling height of 16’-9 1/8” to 19’-1/8”.

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minimum building height of twenty feet (Section

19.27.070.B).

No buildings shall be located less than five feet from
any other building on the same lot. (Section

19.27.080)
Only one building would locate on the
lot.

Commercial landscaping: not less than 15% of total
site shall be landscaped and maintained (Section

19.50.030).

The 12,401 square foot lot requires a
minimum of 1,860.15 square feet of
landscaping (12,401 x .15 = 1,860.15).
2,322 square feet of landscaping is
proposed.

Required parking spaces for multiple-family
residential in the C/MU-2 Zone: 1.5 spaces per
dwelling unit. A 25% reduction may be allowed for
vertical mixed-use (IBMC Section 19.48.035).

The C/MU-2 Zone requires 1 space per 1,000 gross
square feet of commercial space. A 25% reduction
may be allowed for vertical mixed-use (IBMC Section

19.48.035).

Fourteen residential units would
require 21 parking spaces and 2,212
square feet of commercial space would
require two parking spaces for a total
of 23 parking spaces. However, IBMC
Section 19.48.035 allows for a 25%
reduction for vertical mixed-use
projects. Therefore, a minimum of 17
parking spaces are required (23 x .75
= 17.25), though the project is currently
proposing 18 parking spaces.

Pursuant to Chapter 19.65 of the
Imperial Beach Municipal Code and
California Government Code Section
65915 the project is proposing a
concession to reduce the width of
parking spaces adjacent to columns.

Right-of-Way: The proposed project includes the applicant purchasing 3,262 square feet of unused right-of-way vacation from the City of Imperial Beach. In general, a city may dispose of real property for the common benefit or for the benefit of the city. Additionally, this property qualifies under the Surplus Lands Act as “exempt surplus property” and therefore is not subject to the Surplus Lands Act procedural requirements. As a separate agenda item, the Council will consider declaring the property as exempt surplus property, and Staff will send the Council resolution to HCD at least 30 days prior to any sale of the right-of-way. In addition, a city may summarily vacate public streets that have not been used for vehicle traffic and are impassable for more than five years or are considered excess right-of-way. Vacating and selling the City right-of-way at the intersection of Palm Avenue and Silver Strand Boulevard that is not used for right-of-way purposes is consistent with the Local Coastal Program/General Plan, which was adopted in 1994.

Specifically, Policy C-8 of the Circulation Element recommends that excess rights-of-way be reduced. After the vacation, the right-of-way would be approximately 80’ for Palm Avenue and approximately 70-80’ for Silver Strand Boulevard, which would meet or exceed public access standards.

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Surrounding Land Use and Zoning:

Surrounding
Areas
Surrounding Zoning Surrounding Land
Use
North R-1-6000 (Single-Family Residential) Residential
South C/MU-2 (Seacoast Commercial & Mixed-Use) Mixed-Use East C/MU-2 (Seacoast Commercial & Mixed-Use) Commercial West C/MU-2 (Seacoast Commercial & Mixed-Use) Commercial Please note that the project entitlements in Resolution No. 2022-45 are contingent upon (1) the City sending the Council’s determination of exempt surplus property to HCD and receiving no comments from HCD that would prohibit the sale of the right-of-way, and (2) the completed sale of approximately 3,262 square feet of un-used right-of-way and excess dedicated easements on the northern side of Palm Avenue by the City of Imperial Beach to the developer, which easements and right-of-way the City would summarily vacate, with utility easements to be provided as a condition of approval, resulting in 12,401 square feet of lot area. In the event that the sale of the City’s excess right-of-way is not completed for any reason, Resolution No. 2022-45 would be null and void.

ENVIRONMENTAL DETERMINATION:

The project may be categorically exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15332 (In-Fill Development Projects).

COASTAL JURISDICTION:

The project is located in the Appeal Jurisdiction of the California Coastal Commission as indicated on the Local Coastal Program Post Certification and Appeal Jurisdiction Map and, as such, is appealable to the California Coastal Commission under Section 30603(a) of the California Public Resources Code and IBMC Section 19.87.160.

FISCAL IMPACT:

FISCAL YEAR: 21/22
BUDGETED: N/A

BUDGET AMENDMENT N/A
ACCOUNT NO(S).: 101-0000-221-01-02
PROJECT NO(S).: 22-0077-DEP
FISCAL ANALYSIS: The applicant has deposited
$4,000 to fund the processing of
this application.

CURRENT BUDGET: $4,000

ANTICIPATED
EXPENDITURE:
$4,000

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P a g e | 10
ATTACHMENTS:

1. Attachment 1 - Resolution 2022-45

2. Attachment 2 - Project Plans

3. Attachment 3 - Draft Design Review Board Minutes 072618

4. Attachment 4 - Project Rendering, Landscape Plan, and Materials Board

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Attachment 1
RESOLUTION NO. 2022-45

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, APPROVING REGULAR COASTAL PERMIT (CP-22-0008), DESIGN REVIEW CASE (DRC-22-0022), SITE PLAN REVIEW (SPR-22-0023), CONDITIONAL USE PERMIT (CUP-22-0007), AND A CATEGORICAL EXEMPTION PURSUANT TO CEQA GUIDELINES 15332 (IN-FILL DEVELOPMENT PROJECTS) FOR THE CONSTRUCTION OF A MIXED-USE DEVELOPMENT WITH FOURTEEN RESIDENTIAL UNITS AND 2,212 SQUARE FEET OF COMMERICAL SPACE AT 236-238 PALM AVENUE (APN 625-023-07-00) SUBJECT TO SPECIFIED CONDITIONS OF APPROVAL. USE-22-0077.

DEVELOPER: 2K COMMERCIAL IB, LLC
WHEREAS, on June 15, 2022, the City Council of the City of Imperial Beach held a duly advertised and noticed public hearing to consider the merits of approving or denying an application for a Regular Coastal Permit (CP-22-0008), Conditional Use Permit (CUP-22-0007), Design Review Case (DRC-22-0022), Site Plan Review (SPR-22-0023), and Categorical Exemption pursuant to CEQA Guidelines 15332 (In-fill Development) proposing to construct a new mixed-use development with approximately 2,212 square feet of commercial space and fourteen (14) residential units with an affordable housing component at 236-238 Palm Avenue (APN 625-023-07-00) in the C/MU-2 (Seacoast Commercial & Mixed-Use) Zone. The project also includes the sale of approximately 3,262 square feet of un-used right-of-way and excess dedicated easements on the northern side of Palm Avenue from the City of Imperial Beach, which easements and right-of-way the City would summarily vacate, with a condition that utility easements be dedicated to the City.

WHEREAS, on July 26, 2018, the Design Review Board recommended approval of the project with a vote of 3-1 (1 absent); and
WHEREAS, the project design is compatible with the community and would be consistent with Policy D-8 (Project Design) of the Design Element of the General Plan; and, WHEREAS, the City Council finds that the project is in compliance with the Land Use and Housing Elements of the General Plan; and,
WHEREAS, the City of Imperial Beach hereby grants a density bonus for applicant’s development that proposes to designate more than 15% of the units to be affordable for “very low income households” pursuant to Government Code Section 65915 subject to the applicant and owners of the Property entering into affordable housing/density bonus agreement with the City pursuant to Chapter 19.65 of the Imperial Beach Municipal Code; and WHEREAS, the City Council finds that the project complies with the requirements of the California Environmental Quality (CEQA) as the project is categorically exempt pursuant to CEQA Guidelines 15332 (In-Fill Development Projects); and WHEREAS, the City Council further offers the following findings in support of its decision to conditionally approve the project:

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REGULAR COASTAL PERMIT (IBMC § 19.87.050):

1. The proposed development conforms to the certified local coastal plan including coastal land use policies.

The project’s approval is contingent upon: (1) the City providing 30 days’ notice to the Housing and Community Development Department (“HCD”) of the City’s determination of the street vacation, easements and right-of-way property being exempt surplus property under the Surplus Lands Act as stated in Resolution No. 2022-52 prior to any disposition of the subject property and receiving no comments from HCD that would prohibit the sale; (2) the completed sale of approximately 3,262 square feet of un-used right-of-way and excess dedicated easements on the northern side of Palm Avenue from the City of Imperial Beach, which easements and right-of-way the City would summarily vacate, with a dedication to the City of any necessary utility easements, resulting in 12,401 square feet of lot area as described in Resolution No. 2022-46; and (3) Developer’s compliance with the conditions set forth in this Resolution. In general, a city may dispose of real property for the common benefit or for the benefit of the city. In addition, a city may summarily vacate public streets that have not been used for vehicle traffic and are impassable for more than five years or are considered excess right-ofway. The subject City right-of-way is excess right-of-way and exempt surplus property.

Vacating and selling the City right-of-way at the intersection of Palm Avenue and Silver Strand Boulevard that is not used for right-of-way purposes is consistent with the Local Coastal Program/General Plan, which was adopted in 1994. Specifically, Policy C-8 of the Circulation Element states the following:
80 Foot Right-of-Ways: The City should reduce the existing 80-foot street rightsof-ways for streets that are not shown as prime, major or collector streets on the Street Classification Plan. Palm Avenue between Ninth Street and Third Street is classified as a 2-lane collector with traffic calming measures and designated for an alternative transportation network, such as on-street bicycle facilities. Other such reductions should take place on a block-by-block basis when initiated by property owners or the City and where it can be shown, by a comprehensive traffic impact analysis, that there will be no public detriment or expense.

The current right-of-way exceeds 80’, and the Local Coastal Program/General Plan supports reductions of such rights-of-way based on the above. This property is located on a corner and reduction of right-of-way would bring it into parity with the neighboring properties. Traffic counts are low in this area and a comprehensive traffic impact

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analysis is not warranted because vacating the right-of-way would bring the property into parity with neighboring properties. Staff anticipates that the City will not have a need for the property for street or sidewalk purposes for the foreseeable future. After the vacation, the right-of-way in this area will be 80’ for Palm Avenue and approximately 70- 80’ for Silver Strand Boulevard. The remaining right-of-way is sufficient for the existing and anticipated sidewalk and street purposes and would continue to provide adequate access to coastal areas as the area to be vacated has not been used for road purposes many years.

2. For all development seaward of the nearest public highway to the shoreline, the proposed development meets standards for public access and recreation of Chapter Three of the 1976 Coastal Act and regulations promulgated thereunder.

The primary parcel of land (625-023-07-00) is not located between the seaward of the first public road; however, the excess right-of-way the applicant proposes to incorporate into the project is located between a coastal area and the first public road, which, in this case, is Silver Strand Boulevard and a portion of Palm Avenue. The excess right-of-way is .23 miles from the beach, .50 miles from Pond 10A, and .80 miles from San Diego Bay and has not been used for public access purposes for many years because street and sidewalk improvements already exist with a sufficient configuration to provide public access and circulation without need of the excess right-of-way. As such, incorporating the excess right-of-way into the project described in this Resolution would have no negative impact for public access because existing access improvements would be maintained or enhanced and would better conform to the local coastal program, which states that excess right-of-ways should be reduced (Policy C-8). After the vacation, the right-of-way in this area will be 80’ for Palm Avenue and approximately 70-80’ for Silver Strand Boulevard, allowing for continued public access. Given the fact that there is not existing coastal access that could be impacted by the project, it can be found that the project would have no impact to public access. Additionally, the project conforms to all other development criteria findings as provided within this Resolution.

3. The proposed development meets the minimum criteria set forth in the City of Imperial Beach Zoning Ordinance, the City’s Minimum Landscape Planting and Irrigation Standards, and the City’s Design Guidelines, as applicable.

Pursuant to California Government Code Section 65915 a project that designates at least 15% of the units as very low-income units shall receive an affordable housing density bonus of 50% over the maximum allowable gross residential density and three development incentives. In addition, all density calculations resulting in fractional units shall be rounded up to the next whole number for projects that include affordable housing.

The proposed development is located on a lot that is 12,401 square feet in the C/MU-2 Zone which would permit for 8.28 residential units with a base density of one unit for every 1,500 square feet of lot area, or ten units with a Conditional Use Permit, allowing for one unit for every 1,210 square feet of lot area. The applicant has proposed to designate 22% of the units as very low-income units that, with the 50% density bonus, allows for the project’s proposed density of 14 residential units which does not exceed the density bonus provisions per state law. In addition, the applicant proposed to utilize one development incentive to reduce the width of parking spaces adjacent to columns.

The project complies with all other criteria set forth in the City of Imperial Beach Zoning Ordinance, the City’s landscaping and irrigation standards, and the City’s design guidelines.

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4. The proposed development meets minimum criteria set forth in Sections

19.81.060, 19.82.050., 19.83.120., 19.84.050., and 19.86.100., of this title for site plans, conditional use permits, design review, variances, zoning classification and rezonings.

The proposed development meets the minimum criteria set forth in Sections 19.81.060,

19.82.050, and 19.83.110 (Section 19.83.120 is no longer applicable) for a site plan review, conditional use permit, and design review subject to the findings provided within this Resolution. Sections 19.84.050 and 19.86.100 are not applicable because the project does not require a variance or zoning classification/rezoning.

5. For all development involving the construction of a shoreline protective device, a mitigation fee shall be collected which shall be used for each sand replenishment purposes. The mitigation fee shall be deposited in an interest-bearing account designated by the Executive Director of the California Coastal Commission and the city manager of Imperial Beach in lieu of providing sand to replace the sand a beach area that would be lost due to the impacts of any proposed protective structure.

The subject site is located approximately .23 miles from the beach, .50 miles from Pond 10A, and .80 miles from San Diego Bay and is already developed with an existing mixed-use building with residential units above commercial space and surface parking.

The proposed project with approximately 2,212 square feet of commercial space and fourteen (14) residential units does not necessitate the construction of a shoreline protection device and would not have an impact on the sand in any beach area.

Therefore, a mitigation fee is not required for the project.

6. This project complies with the California Environmental Quality Act.

This project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Article 19 Sections 15332 (In-Fill Development Projects). The City has prepared a Categorical Exemption per the CEQA requirements for this project and the Notice of Exemption will be filed with the County Clerk in compliance with CEQA.

7. Public Notice requirements, pursuant to Zoning Ordinance Section 19.87.090, of the Coastal Development Project have been satisfied.

The project description and the date of the City Council public hearing were sent to property owners within 300 feet and occupants within 100 feet of the subject site on May 26, 2022, and a public hearing notice was published in the Imperial Beach Eagle & Times newspaper on June 9, 2022.

CONDITIONAL USE PERMIT (IBMC § 19.82.040):

8. That the proposed use is necessary or desirable to provide a service or facility which will contribute to the general well-being of the neighborhood or community; The purpose of the C/MU-2 Zone is to provide land to meet the demand for goods and services required primarily by the tourist population, as well as local residents who use the beach area. It is intended that the dominant type of commercial activity in the C/MU2 Zone will be visitor-serving retail such as specialty stores, surf shops, restaurants, and hotels and motels. Mixed-use and multiple family residences are also permitted in the C/MU-2 Zone and in the Seacoast Mixed Use/Residential Overlay Zone. The development standards of the C/MU-2 Zone encourage pedestrian activity through the design and location of building frontages and parking provisions (IBMC Section

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19.27.010). The proposed mixed-use project meets the purpose and intent of the land use designation. The use with a maximum building height of thirty-five feet is necessary and desirable as it will develop an underutilized lot, provide residential units to assist in meeting housing demand, provide commercial space, and provide an economic benefit for the neighborhood and community.

9. That the use will not, under the circumstances of the particular use, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity; The proposed use will not be detrimental to the public, as there will be no hazardous materials, fumes, or operations at the facility, nor will there be any noxious odors, loud noises, or excessive traffic generated at the site. The proposed use is compatible with other uses in the neighborhood and would function in a similar manner as other nearby uses.

10. That the proposed use will comply with the regulations and conditions specified in this title for the use and for other permitted uses in the same zone; and Mixed-use developments are permitted in the C/MU-2 Zone. Properties east of Seacoast Drive shall have a height limit not to exceed three stories and thirty-five feet with approval of a conditional use permit that demonstrates compliance with setbacks, stepbacks, and two or more development incentives. The project complies with the setback and stepback requirements and meets or exceeds the minimum development incentive criteria. Pursuant to California Government Code Section 65915 the project shall receive an affordable housing bonus of 50% and an incentive to reduce the width of parking spaces adjacent to columns. The proposed project is consistent with the density bonus provisions of state law, the zoning for this area and will comply with all other regulations and conditions for these uses.

11. That the granting of the conditional use permit will be in harmony with the purpose and intent of the zoning code, the adopted General Plan and the adopted Local Coastal Program.

The C/MU-2 Zone allows for properties east of Seacoast Drive to have a height limit not to exceed three stories and thirty-five feet with approval of a conditional use permit that demonstrates compliance with setbacks, stepbacks, and two or more development incentives. The project complies with the setback and stepback requirements and meets or exceeds the minimum development incentive criteria. Pursuant to California Government Code Section 65915 the project shall receive an affordable housing bonus of 50% and an incentive to reduce the width of parking spaces adjacent to columns. The proposed project and conditional use permit complies with the density bonus provisions of state law, the General Plan and Local Coastal program and is in harmony with the purpose and intent of the zoning code because the project is east of Seacoast Drive and demonstrates compliance with setbacks, stepbacks, development incentives, which allows for the height limit not to exceed three stories. In addition, the project is in harmony with the adopted General Plan because it provides for affordable housing, which is consistent with the adopted Housing Element.

DESIGN REVIEW/SITE PLAN REVIEW (IBMC § 19.81.060):

12. The proposed use does not have any detrimental effect upon the general health, safety and convenience of persons residing or working in the neighborhood, or is

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not detrimental or injurious to the value of the property and improvements in the neighborhood.

The project proposes the construction of a mixed-use building with commercial and residential uses. The project would not have a detrimental effect on the general health, welfare, safety and convenience of persons residing or working in the neighborhood because it is consistent with the development standards and zoning designations. The development would not be injurious to the value of the property and improvements in the neighborhood because the project represents an improvement of the existing conditions and the project could improve property values and stimulate growth in the area.

13. The proposed use does not adversely affect the General Plan or the Local Coastal Plan.

The General Plan/Local Coastal Plan designates the site as Seacoast Commercial & Mixed-Use (C/MU-2 Zone). The purpose of the C/MU-2 Zone is to provide land to meet the demand for goods and services required primarily by the tourist population, as well as local residents who use the beach area. It is intended that the dominant type of commercial activity in the C/MU-2 Zone will be visitor-serving retail such as specialty stores, surf shops, restaurants, and hotels and motels. Mixed-use and multiple family residences are also permitted in the C/MU-2 Zone and in the Seacoast Mixed Use/Residential Overlay Zone. The development standards of the C/MU-2 Zone encourage pedestrian activity through the design and location of building frontages and parking provisions (IBMC Section 19.27.010). The C/MU-2 Zone allows for properties east of Seacoast Drive to have a height limit not to exceed three stories and thirty-five feet with approval of a conditional use permit that demonstrates compliance with setbacks, stepbacks, and two or more development incentives. The project complies with the setback and stepback requirements and meets or exceeds the minimum development incentive criteria. Pursuant to California Government Code Section 65915 the project shall receive an affordable housing bonus of 50% and an incentive to reduce the width of parking spaces adjacent to columns. In addition, the proposed vacation and selling the City right-of-way at the intersection of Palm Avenue and Silver Strand Boulevard that is not used for right-of-way purposes is consistent with Policy C-8 of the Circulation of the Local Coastal Program/General Plan, which was adopted in 1994.

Specifically, Policy C-8 of the Circulation Element. Therefore, the proposed mixed-use project meets the purpose and intent of the General Plan and Local Coastal Plan.

14. The proposed use is compatible with other existing and proposed uses in the neighborhood.

The property to the north of the site is residential and the properties to the east, west, and south are commercial or mixed-use with residential above commercial. The proposed mixed-use project is compatible with other uses in the neighborhood because it is a mixed-use commercial/residential project and nearby properties are comprised of mixed-use and multiple-story buildings.

15. The location, site layout and design of the proposed use orients the proposed structures to streets, driveways, sunlight, wind and other adjacent structures and uses in a harmonious manner.

The proposed building is oriented to Palm Avenue and the surrounding uses consist of commercial uses to the east, west, and south, and a residential neighborhood to the north. The project proposes varied rooflines and architectural detailing and relief through the incorporation of building recesses. The site layout and design is harmonious

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with the area because it meets or exceeds all minimum height, setback, and stepback requirements.

16. The combination and relationship of one proposed use to another on the site is properly integrated.

The project proposes commercial and residential uses within a building that is properly integrated. The design style and the choice of building materials properly integrate the building with surrounding uses.

17. Access to and parking for the proposed use does not create any undue traffic problem.

Vehicular ingress and egress to and from the site would be provided from the Silver Strand Boulevard and pedestrian access would be provided from Palm Avenue and Silver Strand Boulevard. Access and ingress and egress for the project should not create undue traffic problems.

18. All other applicable provisions of the Zoning Code are complied with.

Pursuant to California Government Code Section 65915 the project shall receive an affordable housing bonus of 50% and an incentive to reduce the width of parking spaces adjacent to columns. The project complies with all other criteria set forth in the City of Imperial Beach Zoning Ordinance.

19. Any other considerations as the Community Development Department deem necessary to preserve the health, safety and convenience of the City in general.

Standard and applicable conditions of approval have been included with the Resolution to further ensure that the health, safety, welfare, and convenience of the City in general is preserved.

20. Public Notice requirements, pursuant to Zoning Ordinance Section 19.81.050, have been satisfied.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Imperial Beach that the above-listed findings and recitals are true and correct and are incorporated by reference; and
BE IT FURTHER RESOLVED by the City Council of the City of Imperial Beach that Regular Coastal Permit (CP-22-0008), Conditional Use Permit (CUP-22-0007), Design Review Case (DRC-22-0022), Site Plan Review (SPR-22-0023), and Categorical Exemption pursuant to CEQA Guidelines 15332 (In-fill Development) for the construction of a new mixed-use development with approximately 2,212 square feet of commercial space and fourteen (14) residential units with an affordable housing component at 236-238 Palm Avenue (APN 625-023- 07-00) in the C/MU-2 (Seacoast Commercial & Mixed-Use) Zone are hereby approved subject to the following:

CONDITIONS OF APPROVAL:

1. Approval of Regular Coastal Permit (CP-22-0008), Conditional Use Permit (CUP-22- 0007), Design Review Case (DRC-22-0022), Site Plan Review (SPR-22-0023), and

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Categorical Exemption pursuant to CEQA Guidelines 15332 (In-fill Development) is valid for one year from the effective date following final action by the City Council (10 working days following final action) and shall expire at the end of business on June 30, 2023, unless vested with substantial construction pursuant to an approved building permit.

Approvals of the v Regular Coastal Permit (CP-22-0008), Conditional Use Permit (CUP22-0007), Design Review Case (DRC-22-0022), Site Plan Review (SPR-22-0023), and Categorical Exemption pursuant to CEQA Guidelines 15332 (In-fill Development) shall run coterminous.

2. The site shall be developed in substantial compliance with the plans dated April 19, 2022, on file at the Community Development Department, or as otherwise amended and approved, and the conditions contained herein.

3. Any use of the public right-of-way is subject to a separate license agreement and encroachment permit. The City Manager, or designee thereof, is authorized to execute all documents and take any actions necessary and appropriate to carry out a license agreement and encroachment permit.

4. Noise shall not have a negative effect on the existing neighborhood. If the property receives any noise complaints, the Developer shall investigate said complaint and mitigate any issues to meet Imperial Beach Municipal Code noise requirements (Imperial Beach Municipal Code 9.32 – Noise).

5. Lighting shall not have a negative effect on the existing neighborhood. All lighting shall be situated and adjusted to shine only on the subject property. If the property receives complaints related to lighting, the applicant shall investigate said complaint and mitigate any issues (adjustment, shades, removal of light, etc.).

6. The Developer and owner shall execute a binding density bonus agreement (“Density Bonus Agreement”) with the City which sets forth the conditions and guidelines to be met in the implementation of the density bonus law requirements pursuant to Government Code Sections 65915(c) and 65917 and IBMC Section 19.65.040 in a format as specified by the City. The Density Bonus Agreement must be signed by the developer and owner and recorded before any building permit is issued for work on the project.

Also, the developer and owner shall pay all costs for the preparation of the Density Bonus Agreement by the City and submit a deposit in the amount of $1,500 prior to the City performing any work on the Density Bonus Agreement. The City Manager has the authority to sign the Density Bonus Agreement on behalf of the City.

7. Prior to issuance of an encroachment permit or building permit, whichever comes first, (1) the Developer and owner shall have completed the purchase and closing on the City’s right of way as more particularly described in Resolution No. 2022-46 and shall be the legal owner of such right of way; (2) Developer and owner shall dedicate to the City any utility easements that the City deems necessary with respect to the City’s right of way; and (3) Developer and owner shall have taken all steps necessary to have created a new legal parcel with the addition of the City’s right of way.

8. The Developer shall dedicate a minimum of one foot of private property frontage along Palm Avenue to public use.

9. No portion of the building may exceed the 35-foot height limit as measured per Imperial Beach Municipal Code Section 19.04.400, except those allowed by Imperial Beach Municipal Code Section 19.40.020.

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10. All stormwater requirements must comply with the most recent Municipal Storm Water Permit.

11. Drought tolerant landscaping shall be provided throughout the site.

12. All landscaping and bio-filtration areas shall be maintained by the Developer. All landscaped areas shall be permanently maintained in a healthy condition, free from weeds, trash, and debris.

13. A permanent irrigation system shall be installed and permanently maintained to serve all landscaped areas. The Developer shall comply with all State requirements for the Model Water Efficient Landscape Ordinance.

14. All building permits required for the project shall be obtained from the Imperial Beach Building Department.

15. This project is subject to all Model Codes, State Codes and City Ordinances adopted by the City of Imperial Beach.

16. Developer shall obtain a fire-flow demand report from water purveyor California American Water indicating that the existing water supply infrastructure can meet the demand required by the new structure(s). The nearest fire hydrant is located at the intersection of Silver Strand Blvd. and Palm Ave; Fire-Flow Demand; 2,500 GPM for 120 Minutes. Once the report has been obtained from California American Water provide (1) copy to the Imperial Beach Fire-Rescue Department for review and (1) copy to the Imperial Beach Planning Department for retention. The Developer is responsible for providing any additional fire hydrants and/or supporting infrastructure as necessary for the development of the project.

17. A licensed surveyor/engineer shall verify pad elevations and all building corners and setbacks.

18. Hours of Construction: No work for which a building permit is required shall be performed within the hours of 7:00 P.M. - 7:00 A.M. Monday - Friday, nor prior to 8:00 A.M. or after 5:00 P.M. on Saturday. Construction work on Sundays, or alteration of the approved hours of construction, is subject to City approval.

19. New sewer connections to the main line shall be coordinated with the City Sewer Division.

20. All sewer laterals shall be installed per Regional Standards S-13 or S-14. Upon completion, the applicant shall contact the Public Works Department for an inspection of the tie to the Main by calling the Public Works Director or designee at (619) 423-8311.

21. Abandon the existing sewer lateral(s) per the Greenbook standards or other approved building standards. Include the abandonment procedures on the building plans for City approval.

22. No building roof or landscape water drains may be piped to the street or onto impervious surfaces that lead to the street. A design that has these water discharges directly into the storm drain conveyance system (onto an impervious surface that flows to the street) is in violation of the Municipal Storm Water Permit - Order R9-2013-0001.

23. Project shall comply with San Diego Regional Water Quality Control Board issued Order Number R9-2017-0077 regarding trash capture, as applicable.

24. Building foundation elevations shall be at least one (1) foot above gutter line to minimize flooding during storm conditions.

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25. Proposed driveway approach on Silver Strand Boulevard will require curb and gutter and sidewalk removal on City right-of-way. Proposed driveway approach on Evergreen shall be constructed in compliance with San Diego Regional Standard Drawings as depicted on the plans (G-14C) and as further required during the encroachment permit process.

New curb and gutter shall be constructed in compliance with San Diego Regional Standard Drawings as required by the Public Works Department.

26. The proposed driveways shall be constructed in a manner so as to:
 Maintain existing stormwater runoff flows:
 Avoid the flow of stormwater across the new driveway (or associated sidewalk); and
 Include the installation of an expansion joint between the paved surface on the private property and the paved surface of the public right-of-way.

27. For alley, sidewalk or curb & gutter replacement ensure compliance with San Diego Regional Standard Drawings in that, the “Area to be removed [must be] 5’ or from joint to joint in panel, whichever is less.” The distance between joints or score marks must be a minimum of 5-feet. Where the distance from “Area to be removed”, to existing joint, edge or score mark is less than the minimum shown, “Area to be removed” shall be extended to that joint, edge or score mark.

28. Existing sidewalk shall be reconstructed and replaced per SDRSD G-7. Sidewalk joint locations per SDRSD G-9 and concrete joint details per SDRSD G-10.

29. Along the public right-of-way, the applicant shall eliminate any existing tripping hazard caused by the condition of the existing public sidewalk along the property frontage. The remedial work required herein shall be performed to the satisfaction of the Public Works Director.

30. Where existing right-of-way pavement is to be removed, a clean, neat line shall be sawcut at the edge of existing pavement where the new replacement pavement to be installed. A minimum twelve (12) inch cut shall be provided between a new driveway, curb or other concrete work that meets with asphalt. This will give a clean, compactable area to transition from new concrete to existing road surface. All driveways or sidewalks shall be poured as soon as possible after disturbance of existing pavement to prevent erosion of pavement integrity. Any damaged pavement shall be repaired with like material to the satisfaction of the Public Works Director. Existing street widths shall not be narrowed as a result of apron placement.

31. All trench resurfacing shall be performed in accordance with the standards shown below and shall be subject to inspection by the City’s Public Work Director or designee. The permittee shall be responsible for calling for an inspection at (619) 423-8311.Trenches and improvements in streets shall conform to regional standards as follows:
 Trenches wider than six (6) inches: Use Regional Standard G-24 type B. The base hall be compacted with twelve (12) inch maximum lifts to 95% modified proctor and test reports
 Trenches six (6) inches or less: Use regional standard G-34 Type C. Call for an inspection prior to the Asphalt repair at (619) 423-8311.  Traffic Control plans shall be followed per approved plans and adjusted by the contractor for changing conditions.
 Trench plates used for a SDG&E gas connection (which can take several weeks), or on downhill road sections, need to be ground down so plates are flush with roadway. All plates are to be slip resistant. All open trenches in roadway

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shall be plated and secured at the end of the work day. All other open trenches shall be plated or covered in heavy plywood.
 Where a curb exists, the applicant shall bore under curb or saw cut a minimum of the width of the asphalt patch and replace with same construction.  No trench shall be opened in any street for the purpose of laying pipes, conduits or ducts except when the prior written consent of the Director of Public Works has been obtained. Construction shall include restoration of all speed controls (bumps or humps) and all striping and/or any signage that may be disturbed as the result of project implementation. Restoration of disturbed speed humps shall include a double coat of speed hump paint with glass crystals. No open trench shall be allowed across any street or within 10 ft. of any travel way.

32. For any work to be performed in the street or alley, submit a traffic control plan for approval by Public Works Director a minimum of 5 working days in advance of street work. Traffic control plan is to be per Regional Standard Drawings or CALTRANS Traffic Control Manual.

33. The applicant shall be responsible for informing the public of the traffic conditions existing within the construction area at all times by placement of appropriate warning and advisory signs. The applicant shall also provide and maintain all traffic control and safety items. Barricades and any other delineation in the right of way shall be required and maintained by applicant for the duration of the right of way improvements. Applicant assumes sole and complete responsibility for the job and site conditions during the course of construction, including safety of all persons and property. This requirement shall apply continuously twenty-four (24) hours per day and shall not be limited to normal work hours.

34. For any project that proposes work within the public right-of-way (i.e., driveway removal/construction, sidewalk removal/construction, street or alley demolition/reconstruction, sewer lateral trenching and installation, landscaping and irrigation, fences, walls within the public right-of-way, etc.), a Temporary Encroachment Permit (TEP) shall be applied for and approved either prior to or concurrent with issuance of the building permit required for the project. Application for a Temporary Encroachment Permit shall be made on forms available at the Community Development Department.

35. Permittee shall schedule inspections with the Public Works Department (619) 423-8311 at least 24 hours prior to need as follows:
 Sidewalk, Driveway, Curb and Gutter and other Concrete Work Pre-pour and Final
 Street Excavation T-Cut and Final
 Sewer Lateral Capping during Demolition and New Lateral Connection to Main  All Other Encroachment Activity Final

36. All alley, driveway, sidewalk, or curb & gutter construction within the City right-of-way shall require either a “CLASS A” or “C-8” Contractor’s license. All sewer lateral installations and trenching work within the City right-of-way shall require a “CLASS A” Contractor’s license.

37. Any disposal/transportation of solid/construction waste in roll off containers must be contracted through the City’s waste management provider unless the hauling capability exists integral to the prime contractor performing the work.

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Resolution No. 2022-45

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38. The parcel impervious surfaces are not to increase beyond that proposed in the project review drawings. This will be as a post-construction condition in order to maximize the water runoff infiltration area on the parcel in compliance with Municipal Storm Water Permit – Order R9-2013-0001.

39. Install/set property survey monuments at all property corners. Prepare either a Record of Survey or Corner Record, whichever is applicable pursuant to the requirements of the State Land Surveyor’s Act. Said Record of Survey or Corner Record shall be recorded in the office of the San Diego County Recorder. Provide the City with a recorded copy.

40. Applicant required to provide verification of post construction Best Management Practice (BMP) maintenance provisions through a legal agreement, covenant, CEQA mitigation requirement, and / or Conditional Use Permit. Agreement is provided through the Community Development Department

41. Property owner must institute “Best Management Practices” to prevent contamination of storm drains, ground water and receiving waters during both construction and post construction. The property owner or applicant BMP practices shall include but are not limited to:
 Contain all construction water used in conjunction with the construction.

Contained construction water is to be properly disposed in accordance with Federal, State, and City statutes, regulations and ordinances.  All recyclable construction waste must be properly recycled and not disposed in the landfill.
 Water used on site must be prevented from entering the storm drain conveyance system (i.e. streets, gutters, alley, storm drain ditches, storm drain pipes).  All wastewater resulting from cleaning construction tools and equipment must be contained on site and properly disposed in accordance with Federal, State, and City statutes, regulations, and ordinances.
 Erosion control - All sediment on the construction site must be contained on the construction site and not permitted to enter the storm drain conveyance system.

Applicant is to cover disturbed and exposed soil areas of the project with plastic– like material (or equivalent product) to prevent sediment removal into the storm drain system. See CASQA’s (California Stormwater Quality Association) Construction Best Management Practices Handbook for other alternative erosion and sediment control BMPs.

42. Two days prior to any excavation, “Dig-Alert” (800) 227-2600 shall be notified to locate all known underground utilities.

43. Applicant must underground all utilities in accordance with I.B.M.C. 13.08.060.C.

44. Applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney’s fees and costs incurred by the City and any claim for private attorney general fees and costs claimed by or awarded to any party against the City or its agents officers or employees against the City or its agents, officers, or employees, relating to the approval of the project (USE-22-0077) including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision (including the Regular Coastal Permit (CP-22- 0008), Conditional Use Permit (CUP-22-0007), Design Review Case (DRC-22-0022),

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Resolution No. 2022-45

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Site Plan Review (SPR-22-0023), Categorical Exemption pursuant to CEQA Guidelines 15332 (In-Fill Development Projects)), the determination of exempt surplus property as provided in Resolution No. 2022-52, and approval of the vacation and sale of the City right-of-way as set forth in Resolution No. 2022-46, including any claims for violation of the Public Records Act or discovery law arising from and with respect to litigation involving these approvals (collectively “Development Approvals”). The City will promptly notify applicant of any claim, action or proceeding concerning the Development Approvals. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, applicant shall pay all the costs related thereto, including without limitation reasonable attorney’s fees and costs and shall submit a deposit to the City in an amount as requested by the City. In the event of such election applicant shall pay all the costs related thereto including without limitation attorney’s fees and costs incurred by the City. In the event of a disagreement between the City and applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant shall not be required to pay or perform any settlement unless such settlement is first approved by applicant.

45. The Developer or Developer’s representative shall read, understand, and accept the conditions listed herein and shall, within 30 days, return a signed statement to the Community Development Department accepting said conditions.

46. The Developer shall pay off any deficits in his project account (22-0077-DEP) prior to building permit issuance and prior to final inspection.

Appeal Process under the California Code of Civil Procedure (CCP): The time within which judicial review of a City Council decision must be sought is governed by Section 1094.6 of the CCP. A right to appeal a City Council decision is governed by CCP Section 1094.5 and Chapter

1.18 of the Imperial Beach Municipal Code.

PROTEST PROVISION: The 90-day period in which any party may file a protest, pursuant to Government Code Section 66020, of the fees, dedications or exactions imposed on this development project begins on the date of the final decision.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Imperial Beach as follows:

1. That the foregoing recitals are true and correct.

2. That Regular Coastal Permit (CP-22-0008), Conditional Use Permit (CUP-22- 0007), Design Review Case (DRC-22-0022), Site Plan Review (SPR-22-0023), and Categorical Exemption pursuant to CEQA Guidelines 15332 (In-Fill Development Projects) is approved for the construction of a new mixed-use development with approximately 2,212 square feet of commercial space and fourteen (14) residential unit with an affordable housing component on a 9,139 square feet property located at 236-238 Palm Avenue (APN 625-023-07-00) in the C/MU-2 (Seacoast Commercial & Mixed-Use) Zone, contingent upon: (1) the City providing 30 days’ notice to the Housing and Community Development Department (“HCD”) of the City’s determination of the street vacation, easements and right-of-way property being exempt surplus property under the Surplus Lands Act as stated in Resolution No. 2022-52 prior to any disposition of the

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Resolution No. 2022-45

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subject property and receiving no comments from HCD that would prohibit the sale; (2) the completed sale of approximately 3,262 square feet of un-used rightof-way and excess dedicated easements on the northern side of Palm Avenue from the City of Imperial Beach, which easements and right-of-way the City would summarily vacate, with a dedication to the City of any necessary utility easements, resulting in 12,401 square feet of lot area as described in Resolution No. 2022-46; and (3) Developer’s compliance with the conditions set forth in this Resolution.

3. In the event that (1) the City’s determination of exempt surplus property under Resolution No. 2022-52 is not upheld or is otherwise invalidated, (2) the escrow fails to close for any reason on the sale of approximately 3,262 square feet of unused right-of-way and excess dedicated easements on the northern side of Palm Avenue by the City of Imperial Beach to developer and owner, as more particularly described in Resolution No. 2022-46, such sale is unwound for any reason, or Developer is not the legal owner of such un-used right-of-way and excess dedicated easements; or (3) Resolution No. 2022-46 is rescinded or repealed by the City Council or is declared invalid or unenforceable by a court or other body of competent jurisdiction over the matter, this Resolution No. 2022-45 shall be null and void with no force and effect and all entitlements issued pursuant to this Resolution shall be null and void and Developer will be required to reapply for a new entitlement.

4. The City Manager or his designee shall provide notice to the California Coastal Commission of the City Council’s approval of the Coastal Permit pursuant to IBMC Section 19.87.160(A)(2).

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its meeting held on the 15
th day of June 2022, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

SERGE DEDINA, MAYOR
ATTEST:

JACQUELINE M. KELLY, MMC

CITY CLERK

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MINUTES

CITY OF IMPERIAL BEACH

DESIGN REVIEW BOARD

SPECIAL MEETING
THURSDAY, JULY 26, 2018 – 4:00 P.M.

Council Chambers
825 Imperial Beach Blvd.

Imperial Beach, CA 91932

CALL TO ORDER
Chair Pamintuan called the Special Meeting to order at 4:03 p.m.

ROLL CALL
Board Members Present: Smith, Hunter, Voronchihin
Board Members Absent: Beltran
Chair Present: Pamintuan
Staff Members Present: Assistant City Manager Dush, Assistant Director of Community Development Foltz, City Planner Nakagawa, Public Works Director Minicilli, Civil Engineer Larios, Deputy City Clerk Carballo

PUBLIC COMMENTS
Michael Carey voiced concerns about not having an Official Planning Commission separate from City Council and the process for approving Conditional Use Permits.

CONSENT CALENDAR (1.1)

1.1 APPROVAL OF THE JUNE 21, 2018 REGULAR MEETING MINUTES.

Due to a clerical error, there was consensus of the Design Review Board members to postpone the approval of the June 21, 2018 Regular Meeting Minutes until the next Regular Meeting.

BUSINESS FROM THE COMMUNITY DEVELOPMENT AND PUBLIC WORKS DEPARTMENTS (2.1-2.4)

2.1 REPORT: JODY WATKINS, CHARTWELL DEVELOPMENT, LLC (APPLICANT); CONSIDERATION OF DESIGN REVIEW CASE (DRC 180013) FOR THE CONSTRUCTION OF A MIXED-USE COMMERCIAL DEVELOPMENT WITH FOURTEEN RESIDENTIAL UNITS AND 2,212 SQUARE FEET OF COMMERCIAL SPACE AT 236-238 PALM AVENUE (APN 625-023-07-00). MF 1282.

Assistant Director of Community Development Foltz reported on the item.

Dana Burnett voiced concerns about the proposed building stating there were a lot of units for such a small lot, and she was concerned about traffic, lighting and having 3 story residences on Palm.

Chris Laney stated she was concerned with the density of the project and lack of parking. She questioned whether the units would be rentals or condos and whether short term rentals would be allowed.

Carl Bailey, owner of IB Clearwater, voiced concerns on the impact the project would have on his business, stated the project looks industrial not beachy, and was concerned with the impact on parking.

Ruth Cole stated the parking seems inadequate, she questioned the Conditional Use Permit and how the City would ensure the affordable housing unit would be maintained in perpetuity.

Michael Carey voiced concerns about the density of the project and parking impacts (additional time was donated by Deborah Good).

Randy Putland stated he was excited about the project and the design was very cool, however, he voiced his concerns with the density of the project and the City allowing reduction in the size of parking spaces to accommodate more parking.

Attachment 3

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City of Imperial Beach
Design Review Board Special Meeting Minutes - DRAFT
July 26, 2018

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________________________________________________________________________________________ George Braudaway shared his thoughts on why the project would be successful, it is unknown at this time which vendors would be located in the building, the water business is able lease one of the spaces, and that the project would be built to City standards.

Carl Bailey questioned the limited space available for children to play in.

Maria Mata voiced concerns with the height of the project, the number of units and the lack of privacy with the adjacent properties, lighting and the impact of traffic.

Architect Steve Dalton, stated he worked closely with the owner to ensure the project had a beach vibe. He provided details on the colors, texture of material, interesting roof line, and corrugated metal siding. He also stated the project was very pedestrian friendly, there was a surplus of 1 parking space per code requirements, the ceilings in the retail space will be 20 ft. high, commented on the seating plaza and various other aspects of the project.

Member Hunter stated she liked the building, the clean design of the project, it was a good project and some sort of development was needed in that corner. She was concerned with another brewery coming into IB.

Assistant City Manager Dush and Assistant Director of Community Development Foltz responded to her questions stating a brewery would be allowed if there was a full kitchen. It would be an ancillary use and the restaurant would be the primary. They stated there is already a land use table that dictates what land uses are allowed in the commercial zones. If a Conditional Use Permit for land use was needed it would have to come back to the Design Review Board for the design aspect and then to City Council for final approval, however a restaurant is already permitted in this zone. Mr. Braudaway stated no decision had been made as to the tenant in the commercial space.

Member Hunter voiced concerns regarding the impact the project will have on the neighboring properties and small businesses, the size of the units, if all the required parking spaces are onsite, and incentives for staff to use public transportation and the density of the project. She thanked the developers for providing 1-bedroom units with the military in mind.

In response to Member Hunter’s questions, Assistant City Manager Dush and Assistant Director of Community Development Foltz stated the affordable units are locked in for a minimum of 30 years and they will review the controls that are in place (set by the state) to make sure they remain affordable units. The adjacent public right of way has not been sold, that property is owned by the City and, therefore, could be sold through the entitlement process which would need to go before City Council, and there is no updated information on the appraised value. Architect Dalton stated the courtyard was an open space provided for coming and going, a gathering space for the tenants and seating will be provided.

Member Voronchihin stated he really liked the building. He requested clarification on the Conditional Use Permit process, the footprint of the project, and the number of retail space and retail tenants. He questioned whether the height of the floor units and retail space could be reduced.

In response to member Voronchihin’s questions, Assistant Director of Community Development Foltz discussed the process for applying for Conditional Use Permit including the various incentives developers needed to provide to get approved. Assistant City Manager Dush clarified that the Design Review Board could comment as far as the design of a project, but final approval of Conditional Use Permits is under the jurisdiction of City Council. Architect Dalton stated the height of the retail space was set so that the third floor of the project aligns with the height of the other buildings on Palm and if the ceilings were lowered stairs would have to be installed between the floors. Also, the garage height cannot be lowered due to ADA requirements.

Member Voronchihin stated his concerns with density and parking, but the project has been designed up to code and he believes the project would be successful.

Member Smith stated he liked the project. In response to his questions regarding the Conditional Use Permit, Assistant Community Development Director Foltz stated typical density is 1 unit for every 1,500 square feet of lot area, if a Conditional Use Permit is approved 1 unit per 1,210 square feet of lot area would be allowed. A project can receive an affordable housing density bonus, which is mandated by the state, where a certain

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City of Imperial Beach
Design Review Board Special Meeting Minutes - DRAFT
July 26, 2018

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________________________________________________________________________________________ amount of low income units can receive density bonus of 35%, which would result in 13 ½ units for this project.

State law requires rounding up, that brings the project to 14 units. However, approval of a Conditional Use Permit is still required. Architect Dalton stated that by providing 20% base density as affordable housing, under state law the project would qualify for 3 more incentives such as reduced set-backs, increased limits, reduced parking ratio, etc. However, none of the additional incentives were used. The density in this development is adheres to the Imperial Beach code.

Member Smith stated he liked the building and landscaping. He liked how the buildings are staggered, the design and choice of colors as well. He stated 9 of the units are 1-bedroom units and 1 parking space per unit seems reasonable, IB is the only affordable beach community left, and that density is a fact of life and needs to be allowed to make housing more affordable. He likes the projects and that each unit has an outdoor area but would like the height to be lower. In response to his question, Architect Dalton stated the ground floor unit needs to remain due to ADA regulations and Mr. Braudaway stated the City doesn’t have many 1-bedroom units, so 1-bedroom units were favored with military personnel in mind.

Chair Pamintuan stated he likes the look, the design, the mix of elements, and the style. That corner is like a gateway to the military community and provides a good gathering and walking space. In response to his questions Assistant Director of Community Development Foltz stated short term rentals were allowed in the C/MU-2 zone, and the project is required to have 17 parking spaces but has provided 18. Architect Dalton clarified all the parking is under the building except for space 13 and all the commercial fronts are on Palm Ave.

MOTION BY VORONCHIHIN, SECOND BY SMITH, TO RECOMMEND CONSIDERATION OF THE

PROJECT TO THE CITY COUNCIL AND THAT THE ARCHITECT INVESTIGATE THE HEIGHT TO SEE

WHETHER IT CAN BE REDUCED IN THE RETAIL SPACE IN AN EFFORT TO REDUCE THE OVERALL HEIGHT OF THE PROJECT, IF POSSIBLE. MOTION CARRIED BY THE FOLLOWING VOTE:

AYES: MEMBERS: VORONCHIHIN, SMITH, PAMINTUAN
NOES: MEMBERS: HUNTER
ABSENT: MEMBERS: BELTRAN

2.2 IMPERIAL BEACH BOULEVARD ENHANCEMENT PROJECT.

Civil Engineer Larios reported on the item. He stated the item was discussed at the June 21, 2018 meeting and staff is back with the requested additional renderings and information. He stated the project started with the 2011-2013 Safe Routes to School report. The findings of that report were that the routes to schools in IB were unsafe. The goal is to make IB Blvd. safe and enjoyable for all to use.

Ryan Zellers, Traffic Engineer with Michael Baker International, gave a PowerPoint presentation and overview of the different changes, improvements, and new features included in the project such as bike lanes, a boardwalk, a sustainability feature for water, additional parking, etc. He went over the options for re-locating parking along IB Blvd.

Landscape architect Mike Peltz reported on the landscape design and the various plants that would be used throughout.

Michael Carey expressed concerns with removing the middle lanes on IB Blvd. between 3rd and 4th, the width of the boardwalk, promoting traffic flow and setting a precedent for projects with a height of over 30 feet.

Debra Good stated she has worked at the estuary for 25 years, is excited about project, really liked the low walls and look of the project, suggested using native plants and was concerned about pedestrians and bicycles together.

The board members proceeded to discuss and get clarification from the engineer and landscape architect regarding various elements of the project.

Member Hunter voiced concerns with the safety issues of the parking spaces, the width of the roads in case of an evacuation, reducing the width of the boardwalk along the estuary, posting the miles per hour on the boardwalk, using smaller planters to provide angled parking, removing parking in the median, and clearly marking the pedestrian and bike areas. Page 281 of 388
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Design Review Board Special Meeting Minutes - DRAFT
July 26, 2018

Page 4 of 5 ends

________________________________________________________________________________________ Member Voronchihin voiced concerns about the safety of parking spaces in the median and residents backing into into traffic. He also shared his concerns with children being in the median to get in and out of vehicles.

Member Smith favored the eastern gateway, no bikes on the board walk, and bolting down the Adirondack chairs. He stated his concerns about having a reduced number of parking spots from 5th to Seacoast where it is most needed, that medians are eyesores and they force you to jay-walk and suggested angled parking at the 100 and 200 blocks of IB Blvd. He suggested going forward with the second option.

Chair Pamintuan liked the project especially the eastern gateway and suggested using the IB Blue color on the logo. He was against parking in the median and bicycles on the boardwalk. He was in favor of increasing the number of angled parking along 3rd and 4th streets and reducing the size of the boardwalk. He voiced concerns about reducing the number of lanes and questioned if sewer issues will be addressed.

Public Works Director Minicilli responded to questions from the board members stating this was originally a Safe Routes to School project. The focus is to provide smoother traffic flow and accommodate bicycles, pedestrians and those who ride the bus. He stated automobiles will still receive a high level of service while safety buffers are created for bicycles and pedestrians.

Traffic Engineer Zellers responded to questions from the board members regarding symbols to identify bike lanes, removing the medians in the design, the drawbacks of reducing the boardwalk size, went over issues related to drainage and lighting and stated a traffic study was done in that area.

MOTION BY SMITH, SECOND BY HUNTER, TO RECOMMEND APPROVAL OF THE PROJECT TO CITY COUNCIL WITH THE FOLLOWING RECOMMENDATIONS:
• USE PAVERS INSTEAD OF CONCRETE WHENEVER POSSIBLE
• USE GLASS INSTEAD OF PAINT IN CONCRETE
AND THAT THE CITY COUNCIL CONSIDER:
• REDUCE THE SIZE OF THE BOARDWALK TO INCREASE THE AMOUNT OF PARKING • POST A SPEED LIMIT ON THE BOARDWALK (8 MPH IS RECOMMENDED) • CLEARLY MARK/DELINEATE THE PEDESTRIAN AND BICYCLE AREAS OF THE BOARDWALK • ANGLED PARKING SHOULD BE PROVIDED BETWEEN 3RD AND 4TH STREET • REMOVE ALL MEDIAN PARKING
• EMPHASIZE IB BLUE COLOR WHENEVER POSSIBLE
MOTION CARRIED BY THE FOLLOWING VOTE:

AYES: BOARDMEMBERS: PAMINTUAN, SMITH, HUNTER, VORONCHIHIN NOES: BOARDMEMBERS: NONE
ABSENT: BOARDMEMBERS: BELTRAN

2.3 DEVELOPMENT PROJECTS UPDATE.

Assistant Director of Community Development Foltz gave updates regarding the following projects: IB Resort, The Hampton Inn at Breakwater, the Mobil gas station, Mike Hess, the Boys and Girls Club façade improvement, and the new tenant at the Breakwater project.

2.4 LOCAL COASTAL PLAN/GENERAL PLAN UPDATE.

Assistant Director of Community Development Foltz stated comments and input regarding the Local Coastal Plan/General Plan had been forwarded to the Coastal Commission and were currently being reviewed.

City Planner Nakagawa stated the key coastal planner that has been assisting the City in this project is no longer with the Coastal Commission, but the City is trying for finalize the land use component. He stated the next community workshop is tentatively set to September 21. The City would like to initiate an implementation plan (zoning).

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City of Imperial Beach
Design Review Board Special Meeting Minutes - DRAFT
July 26, 2018

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________________________________________________________________________________________ In response to Chair Pamintuan’s question, City Planner Nakagawa stated for the City to complete for grants from SANDAG, cities must have an adopted climate action plan and a complete streets strategy. The climate action plan and complete streets strategy is now part of this project so that once it is adopted the City will be good to go on future grants.

Member Smith suggested having developers give background and more thorough presentations on the purpose of the projects and what they are trying to achieve with them before the board members have discussion.

INFORMATIONAL ITEMS/REPORTS
Assistant Director of Community Development Foltz stated the Veteran’s Park restrooms should be completed in November.

ADJOURNMENT
Chair Pamintuan adjourned the Special Meeting at 8:05 p.m.

Dante Pamintuan,
Chair
Sunem Carballo,
Deputy City Clerk

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236-238 PALM AVE
Attachment 4

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stamp LICENSED ARCHITECTSTEPHEN E. DALTON STATE OF CAL I FORNIA O No. C25166 O 01/31/21
03/22/19
100% DD SET
sheet
date
job no.
project title
654213789
10 11
12 654213789
10 11
12 ABCDEFGHJKLMNPQRS
ABCDEF
G
H
J
KLMNP
Q

RS PALM AVE
236-238 PALM AVENUE IMPERIAL BEACH, CA
1612
sheet
9 ELEVATIONS
A3-1
Stephen Dalton Architects
444 S. CEDROS. STUDIO 190
SOLANA BEACH. CA 92075
t: 858.792.5906 / f: 858.792.5916

1. FOR TYPICAL WALL FLASHING, SEE DETAIL X/A8-X

2. FOR TYPICAL WINDOW FLASHING, SEE X/A8-X

3. FOR TYPICAL CONTROL JOINT, SEE DETAIL X/A8-X

4. ALL EXPOSED METAL & FLASHING SHALL BE
26 GAUGE GALVANIZED ALUMINUM U.N.O.

5. ALL EXPOSED WOOD SHALL BE PAINTED/ STAINED
PER OWNER.

GENERAL NOTES

ABCDEFGHJKLMNOPQRTUWVSXY

MARK ELEMENT DESCRIPTION MANUF
/COLOR
30/30 SAND
FINISH

EXTERIOR
CEMENT

PLASTER
ANTIQUE PAPER #DE6218
POROUS STONE #DE6220

TARNISHED
SILVER #DET615

ANODIZED

ALUMINUM

STOREFRONT

BRICK VENEER

FIBER CEMENT
PANELS
SIDING

ALLURA SABLE
BROWN

CORRUGATED
MATTE

SHEET METAL

GALVANIZED
FINISH

FENCE WOOD
RAFTER
6x8 WOOD

BEHR SEMI STAIN
DP-317 DRIFT
GRAY

FIBER CEMENT

METAL POST KYNAR FINISH

PPG DURANAR
BRONZE

RAILING CABLE
METAL
WINDOW

AWNINGS
AWNING

SOLUTIONS
BLUE

ANODIZED

ALUMINUM

PLANTER VENEER

CORONADO
EAGLE

CONCRETE
PODIUM

COLUMNS

EXTERIOR
CEMENT

PLASTER

EXTERIOR
CEMENT

PLASTER
BLACK

CORONADO
EAGLE

NATURAL
30/30 SAND
FINISH
30/30 SAND
FINISH

ANODIZED

ALUMINUM

VEHICLE GATE

PERFORATED
METAL
-
FENCE

PERFORATED
METAL
-

ARCADIA

DARK BRONZE
FASCIA
& SOFFIT

WINDOWS &

SLIDING

GLASS DOORS

MILGARD

DARK BRONZE

PATIO FRENCH
DOORS

MILGARD

DARK BRONZE

ENTRY DOOR
ANTIQUE PAPER #DE6218

ENTRY DOOR
CAVERNOUS #DE6364

SOLID CORE

METAL DOOR

SOLID CORE

METAL DOOR
CAVERNOUS #DE6364

STOREFRONT

DIVISIONS

BRAKE METAL
CAVERNOUS #DE6364

BEHR SEMI STAIN
DP-317 DRIFT
GRAY
FASCIA

SOLID CORE

METAL DOOR

SOFFIT WOOD T &
G
CAVERNOUS #DE6364

BEHR SEMI STAIN
DP-317 DRIFT
GRAY
EXT. FINISH SCHEDULE

KEYNOTES - ELEVATIONS
XX.XXX
2 1/8" = 1'-0"

EAST ELEVATION
1 1/8" = 1'-0"

SOUTH ELEVATION
3 1/8" = 1'-0"

NORTH ELEVATION J
YA
XCHAMO
MOLFN
E
E
MAOX
GL
GC
ELFN
Q
P
TU
G
FMOCAF
JOQFM
S
RK
KS
B
KR
R

Page 285 of 388 ends

RS PALM AVE
236-238 PALM AVENUE IMPERIAL BEACH, CA
1612
sheet
9 ELEVATIONS
A3-2
Stephen Dalton Architects
444 S. CEDROS. STUDIO 190
SOLANA BEACH. CA 92075
t: 858.792.5906 / f: 858.792.5916

1. FOR TYPICAL WALL FLASHING, SEE DETAIL X/A8-X

2. FOR TYPICAL WINDOW FLASHING, SEE X/A8-X

3. FOR TYPICAL CONTROL JOINT, SEE DETAIL X/A8-X

4. ALL EXPOSED METAL & FLASHING SHALL BE
26 GAUGE GALVANIZED ALUMINUM U.N.O.

5. ALL EXPOSED WOOD SHALL BE PAINTED/ STAINED
PER OWNER.

GENERAL NOTES

ABCDEFGHJKLMNOPQRTUWVSXY

MARK ELEMENT DESCRIPTION MANUF
/COLOR
30/30 SAND
FINISH

EXTERIOR
CEMENT

PLASTER
ANTIQUE PAPER #DE6218
POROUS STONE #DE6220

TARNISHED
SILVER #DET615

ANODIZED

ALUMINUM

STOREFRONT

BRICK VENEER

FIBER CEMENT
PANELS
SIDING

ALLURA SABLE
BROWN

CORRUGATED
MATTE

SHEET METAL

GALVANIZED
FINISH

FENCE WOOD
RAFTER
6x8 WOOD

BEHR SEMI STAIN
DP-317 DRIFT
GRAY

FIBER CEMENT

METAL POST KYNAR FINISH

PPG DURANAR
BRONZE

RAILING CABLE
METAL
WINDOW

AWNINGS
AWNING

SOLUTIONS
BLUE

ANODIZED

ALUMINUM

PLANTER VENEER

CORONADO
EAGLE

CONCRETE
PODIUM

COLUMNS

EXTERIOR
CEMENT

PLASTER

EXTERIOR
CEMENT

PLASTER
BLACK

CORONADO
EAGLE

NATURAL
30/30 SAND
FINISH
30/30 SAND
FINISH

ANODIZED

ALUMINUM

VEHICLE GATE

PERFORATED
METAL
-
FENCE

PERFORATED
METAL
-

ARCADIA

DARK BRONZE
FASCIA
& SOFFIT

WINDOWS &

SLIDING

GLASS DOORS

MILGARD

DARK BRONZE

PATIO FRENCH
DOORS

MILGARD

DARK BRONZE

ENTRY DOOR
ANTIQUE PAPER #DE6218

ENTRY DOOR
CAVERNOUS #DE6364

SOLID CORE

METAL DOOR

SOLID CORE

METAL DOOR
CAVERNOUS #DE6364

STOREFRONT

DIVISIONS

BRAKE METAL
CAVERNOUS #DE6364

BEHR SEMI STAIN
DP-317 DRIFT
GRAY
FASCIA

SOLID CORE

METAL DOOR

SOFFIT WOOD T &
G
CAVERNOUS #DE6364

BEHR SEMI STAIN
DP-317 DRIFT
GRAY
EXT. FINISH SCHEDULE

KEYNOTES - ELEVATIONS
XX.XXX
1 1/8" = 1'-0"

WEST ELEVATION
2 1/8" = 1'-0"

SOUTH COURTYARD ELEVATION
4 1/8" = 1'-0"

NORTH COURTYARD ELEVATION
3 1/8" = 1'-0"

EAST COURTYARD ELEVATION
5 1/8" = 1'-0"

WEST COURTYARD ELEVATION JXMLNGEAH

OMQGXFC
M
FB
M
G
M
O
B
A
L
X
XF
L
A
H
M
L
O
AG
F
A
X
O
O
AK
AY

Page 286 of 388 ends

RS PALM AVE
236-238 PALM AVENUE IMPERIAL BEACH, CA
1612
sheet
9 MATERIAL BOARD
A3-3
Stephen Dalton Architects
444 S. CEDROS. STUDIO 190
SOLANA BEACH. CA 92075
t: 858.792.5906 / f: 858.792.5916
1 SCALE:
1:1.15

MATERIAL BOARD

Page 287 of 388 ends

C
C
C
S
S
S
S A
A
A
S
S
C
A
A
A
A
S
S
S
S
BIKE

STORAGE
8 8
8 8
8 8
8 7
7 7
7 7
7 7

PROGRESS PRINT DATE

CHANGES
DESIGN
DRAWN

CHECKED
SCALE

PROJECT
SHEET
OF 2 SHEETS
L-1

PROJECT CLIENT

GEORGE MERCER
RLA 4055

LANDSCAPE ARCHITECTURE
990 SEACOAST DRIVE, STE. 20
IMPERIAL BEACH, CA 91932
(619) 882-2499
E-mail: [email protected]
GEORGE MERCER ASSOCIATES INC.

GM
GM
IF PLAN IS LESS THAN 24" X 36"
IT IS A REDUCED PRINT.

REDUCE SCALE ACCORDINGLY.

JODY JAMES WATKINS
NORTH

IMPERIAL BEACH MIXED USE
17-058
1/8"= 1'

PRELIMINARY LANDSCAPE PLAN

NOT FOR CONSTRUCTION

AGAVE ATTENUATA

DROOPING TAIL AGAVE

STRELITZIA REGINAE

BIRD-OF-PARADISE

CALLISTEMON 'LITTLE JOHN'

DWARF BOTTLEBRUSH

DIANELLA TASMANICA 'VARIEGATA'

TASMAN FLAX LILY

AEONIUM 'SUNBURST'

SUNBURST AEONIUM ALOE STRIATA

GHOST ALOE

CALLIANDRA INAEQUILATERA

PINK POWDER PUFF

RHAPHIOLEPIS UMBELLTA MINOR

DWARF YEDDO

PROPOSED PLANTS

CASSIA LEPTOPHYLLA

GOLD MEDALLION TREE

FIRST FLOOR
8/28/17
1/29/18
2/22/18
3/13/18
5/11/18
5/14/18
5/29/18
5/30/18
8/14/18
8/22/18
9/18/18
5/15/18
9/19/18
0 8 16 24
FEET
SCALE: 1/8" = 1'

PA L M A V E N UE
LANDSCAPE STANDARDS:

All landscape and irrigation shall conform to the standards of the City of Imperial Beach Landscape Standards and all other landscape related City and Regional Standards

MINIMUM TREE SEPARATION DISTANCE
Traffic signals / stop signs - 20 feet
Underground utility lines - 5 feet (10' for sewer)
Above ground utility structures - 10 feet
Driveway (entries) - 10 feet
Intersections (intersecting curb lines of two streets) - 25 feet

IRRIGATION
An automatic, electrically controlled irrigation system shall be provided as for proper irrigation, development, and maintenance of the vegetation in a healthy, disease-resistant condition. The design of the system shall provide adequate support for the vegetation selected. Irrigation shall be drip and bubbler type.

MAINTENANCE
All required landscape areas shall be maintained by the Property Owner. Landscape and irrigation areas in the public right-of-way shall be maintained by the Property Owner. The landscape areas shall be maintained free of debris and litter, and all plant material shall be maintained in a healthy growing condition. Diseased or dead plant material shall be satisfactorily treated or replaced per the conditions of the permit.

TREE ROOT BARRIERS
Install root control barrier when tree rootballs are five feet or closer to curb, pavement, drain structure, or wall. Install only on side of rootball adjacent to hardscape element at minimum 10-foot length, centered on tree trunk.

MULCH
All planting areas shall receive min. 3" depth of decorative rock mulch

S I L V E R

S T R A N D

B O U L E V A R D
LEGEND

SYMBOL SPECIES/COMMON NAME

AEONIUM 'SUNBURST'

SUNBURST AEONIUM

AGAVE ATTENUATA

FOXTAIL AGAVE

ALOE STRIATA

CORAL ALOE

CALLIANDRA INAEQUILATERA

PINK POWDER PUFF

DIANELLA VARIEGATA

VARIEGATED BLUEBERRY LILY

RHAPHIOLEPIS UMBELLATA 'MINOR'

DWARF YEDDO

STRELITZIA REGINAE

BIRD-OF-PARADISE

EXISTING WASHINGTONIA FAN PALM

STREET TREES TO REMAIN

CASSIA LEPTOPHYLLA

GOLD MEDALLION TREE
ROCK MULCH:
3" MINUS TRACK OUT ROCK

FROM JEB MATERIALS

OVER TYPAR PREMIUM LANDSCAPE FABRIC
660 SQ. FT.

BMP AREA: CAREX PANSA - CALIFORNIA MEADOW SEDGE
PLANTED 1 GAL., 18" O.C.

AREA: 255 SQ. FT.

SIZE
1 GAL.
5 GAL.
5 GAL.
5 GAL.

ESPALIER
5 GAL.
5 GAL.
5 GAL.
24" BOX

STANDARD
A
C
S

TRANSFORMER

EXISTING CONCRETE

SIDEWALK TO REMAIN

PROPOSED MIXED USE

DEVELOPMENT

MAIL BOXES

EXISTING TREE WELL

WITH MEXICAN FAN PALM/QUEEN PALMS
TO REMAIN. (SHOWN APPROXIMATELY ONLY - NOT SURVEYED LOCATIONS)

GAS METERS
FENCE

ENHANCED PEDESTRIAN

PAVING - PERMEABLE
PAVERS.
1,407 SQ. FT.

CONCRETE

LANDSCAPE AREA CALCULATIONS - FIRST FLOOR ONLY
TOTAL SITE AREA:

IRRIGATED LANDSCAPE:

ENHANCED PAVING (PAVERS):

TOTAL LANDSCAPE*
% OF SITE LANDSCAPED:
2,332/12,401 X 100 =

18.8% OF THE TOTAL SITE WILL BE LANDSCAPED* AND PERMANENTLY MAINTAINED AT GRADE - EXCEEDS 15% REQUIREMENT BY 4.0%
NOTE: CITY DEFINITION OF LANDSCAPE INCLUDES ENHANCED PAVING. ONLY PAVERS IN THE PEDESTRIAN AREA ARE INCLUDED IN THE CALCULATIONS ABOVE.
12,401 SQ. FT.
915 SQ. FT. 1,407 SQ. FT.
2,322 SQ. FT.

18.8%
MWELO REQUIREMENTS:

LANDSCAPE AND IRRIGATION REQUIREMENTS WILL CONFORM TO STATE MWELO STANDARDS

PERMEABLE
PAVERS

CONCRETE

PERMEABLE
PAVERS
FIRE B.F
B
.
.F.

B.F.

ENHANCED PEDESTRIAN

PAVING - PERMEABLE
PAVERS.
1,407 SQ. FT.
4'-3"
10'-4"
3'-0"
12'-0"
9'-6"
7'-0"
10'-0"
1'-4"
13'-6"
4'-6"
6'-4"
18'-6"
9'-0"
18'-6"
9'-6"
5'-3"
6'-0" 12'-0"
4'-0"
5'-0"
6'-9"

LANDSCAPE

Page 288 of 388 ends

1 2345
6 7
8 9

T T T T T T T T T T T T T T T T T T
0 8 16 24
FEET
SCALE: 1/8" = 1'

ENHANCED PAVING - SCORED CONCRETE
473 SQ. FT.

PLANTERS: 4' X 4' X 36" HIGH

PLANTED WITH BAMBOO
'ALFONSE KARR'
24" BOX SIZE.
64 SQ. FT.

AT BALCONY PLANTER:

TRACHELOSPERMUM JASMINOIDES

STAR JASMINE
18 X 5 GAL.

OPEN TO BELOW
22'-8"
17'-6"
5'-0"
8'-0"
13'-6"
15'-4"

PROGRESS PRINT DATE

CHANGES
DESIGN
DRAWN

CHECKED
SCALE

PROJECT
SHEET
OF 2 SHEETS
L-2

PROJECT CLIENT

GEORGE MERCER
RLA 4055

LANDSCAPE ARCHITECTURE
990 SEACOAST DRIVE, STE. 20
IMPERIAL BEACH, CA 91932
(619) 882-2499
E-mail: [email protected]
GEORGE MERCER ASSOCIATES INC.

GM
GM
IF PLAN IS LESS THAN 24" X 36"
IT IS A REDUCED PRINT.

REDUCE SCALE ACCORDINGLY.

JODY JAMES WATKINS
NORTH

IMPERIAL BEACH MIXED USE
17-058
1/8"= 1'
3/13/18

PRELIMINARY LANDSCAPE PLAN

NOT FOR CONSTRUCTION

SECOND FLOOR THIRD FLOOR
5/11/18
5/14/18
5/15/18
5/29/18
8/14/18
8/22/18
9/18/18

Page 289 of 388 ends

P a g e | 1
June 15, 2022
ITEM TITLE: RESOLUTION NO. 2022-46, VACATING PORTION OF CITY’S RIGHT-OF-WAY & EASEMENTS AT THE NORTHWEST CORNER OF PALM AVE. & SILVER STRAND BLVD. & APPROVING THE SALE OF SUCH VACATED RIGHT-OF-WAY & EASEMENTS PURSUANT TO A CEQA EXEMPTION. (0480-80)
ORIGINATING DEPARTMENT:

Community Development
EXECUTIVE SUMMARY:
2K Commercial Palm IB, LLC, owner of 236 Palm Avenue, has requested that the City vacate a portion of the City’s right-of-way and related easements at the northwest corner of the intersection of Palm Avenue and Silver Strand Boulevard (collectively referred to as “City ROW”) and has offered to purchase the vacated property at the appraised value. Silver Strand Boulevard was realigned many years ago, and the proposed areas to be vacated are no longer used for street or sidewalk purposes. Moreover, based on traffic patterns in this area and the General Plan’s circulation element, the City anticipates that it will not have a need for the City ROW for street or sidewalk purposes. The owner intends to use the City ROW to develop the parcel as described in the companion staff report and resolution.

RECOMMENDATION:

Staff recommends that the City Council receive the report, approve the vacation of the City ROW, approve the sale of the City ROW at the appraised value, and adopt Resolution No. 2022-46 pursuant to the applicable CEQA exemption. A map depicting the proposed vacated property can be found at Attachment 2.

OPTIONS:
 Approve the vacation of the City ROW, approve the sale of the vacated property at appraised value, and adopt Resolution No. 2022-46;
 Deny the request for the vacation and offer to purchase, and deny Resolution No. 2022- 46; or
 Request additional information and an additional report BACKGROUND/ANALYSIS:

Background: By Map No. 1902 (Attachment 3), the owner and developer of the real property commonly referred to as the Silver Strand Beach Gardens obtained approval to subdivide certain properties. Through this subdivision approval, the owner and developer dedicated the following streets for public use: Ninth Street, Tenth Street, Eleventh Street, Twelfth Street, Thirteenth Street, Coronado Avenue, Palm Avenue, Silver Strand Boulevard, A Street, B Street, Ocean Drive and certain alleys as depicted on Map No. 1902. The San Diego County Board of Supervisors approved the Map and the dedications on March 22, 1926. These streets became the City’s responsibility upon incorporation.

Page 290 of 388 ends

P a g e | 2
In 1978 and as a result of a lawsuit, the City received an additional section of right-of-way and related easements at the northwest corner of the Palm Avenue and Silver Strand Boulevard intersection. One easement is for street, highway and sidewalk purposes and the other is for sidewalk, parkway and landscaping. Both easements were granted by a stipulated judgment.

See Attachment 4. The easements lie across the southerly border of Lots 23 and 24 on Map No. 1902, which lots are commonly known as 236 Palm Avenue.

In the intervening years after 1978, Silver Strand Boulevard was realigned and narrowed. The easements are not currently being used for the public purposes for which they were dedicated.

In fact, the unused portion of the right-of-way and easements located along the northwest corner of the intersection of Palm Avenue and Silver Strand Boulevard adjacent to Lot 24 were paved over and have been used as a parking lot for decades.

One of the easements that the City obtained in the 1978 judgment stated it was for sidewalk, parkway and landscaping purposes on private property. Upon surveying the location identified in the 1978 judgment, however, the easement appears to be located entirely within the City’s rightof-way and not on private property. Regardless, the City does not require the sidewalk, parkway and landscaping easement granted by the 1978 judgment. A public service easement that has not been used for the purpose of its dedication for more than five years may be vacated. Str. & Hwy Code § 8333(a). The proposed vacation will leave the City with sufficient right-of-way for sidewalk purposes along Palm Avenue and Silver Strand Boulevard. See Attachment 2.

On March 20, 2018, an application (Master File 1282) was filed with the City for a mixed-use development project (Resolution 2019-8001) and for the vacation of the portion of the City’s right of way and easements (Resolution 2019-8002) that were granted by the 1978 judgment. The applicant, George Braudaway, who was the owner of Lots 23 and 24 (236 Palm Avenue) at the time, offered to purchase the vacated property for its appraised value of $90,000. The City Council reviewed the project on January 16th, 2019 and approved the project and right of way vacation with a vote of 4-0 (1 member was disqualified). Due to the unforeseeable circumstances related to the Coronavirus impacting the applicant’s ability to obtain funding for the construction of the project, the project was delayed and the project approvals, including the vacation of the right of way, expired.

Analysis: In general, a city may dispose of real property for the common benefit or for the benefit of the city. In addition, a city may summarily vacate public streets that have not been used for vehicle traffic and are impassable for more than five years or are considered excess right-of-way.

The subject City ROW is excess rights-of-way. Additionally, the subject City ROW is “exempt surplus property” under the Surplus Lands Act and is therefore exempt from its provisions. Both the sale and vacation require a finding that it is in conformance with the general plan.

Vacating and selling the City ROW at the intersection of Palm Avenue and Silver Strand Boulevard that is not used for right-of-way purposes is consistent with the General Plan, which was adopted in 1994. Specifically, Policy C-8 of the Circulation Element states the following:
80 Foot Right-of-Ways: The City should reduce the existing 80-foot street rights-of-ways for streets that are not shown as prime, major or collector streets on the Street Classification Plan (Figure 5). Palm Avenue between Ninth Street and Third Street is classified as a 2-lane collector with traffic calming measures and designated for an alternative transportation network, such as on-street bicycle facilities. Other such reductions should take place on a block-by-block basis when initiated by property owners or the City and where it can be shown, by a comprehensive traffic impact analysis, that there will be no public detriment or expense.

Page 291 of 388 ends

P a g e | 3
The current right-of-way exceeds 80’, and the General Plan supports reductions of such right-ofways based on the above. This property is located on a corner and reduction of right-of-way would bring it into parity with the neighboring properties. Traffic counts are low in this area and a comprehensive traffic impact analysis is not warranted as, again, vacating the right-of-way would bring the property into parity with neighboring properties. Staff anticipates that the City will not have a need for the property for street or sidewalk purposes for the foreseeable future. After the vacation, the right-of-way in this area will be 80’ for Palm Avenue and approximately 70-80’ for Silver Strand Boulevard. The remaining right-of-way is sufficient for the existing and anticipated sidewalk and street purposes.

Upon approval of the vacation, the street easement will revert back to the owner of Lots 23 and

24. The vacated, unused right-of-way portion will remain City property, though no longer restricted to right-of-way uses, and the City can then sell the property. The proposed street vacation totals 3,262 square feet.

The City hired an appraiser to estimate the market value of the City ROW. The City’s appraiser estimated the value to be $90,000. (A copy of the appraisal is available upon request at the City Clerk’s office) 2K Commercial Palm IB, LLC, the owner of Lots 23 and 24 (236 Palm Avenue), has offered to purchase the City ROW for its appraised value of $90,000. The proposed purchase and sale of the City ROW will be subject to the terms and conditions of a purchase and sale agreement. The transaction will likely be processed through escrow with the owner purchasing the property for cash. No financing will be required. The terms are standard, and the costs for escrow will be split between the two parties. A city may sell property it no longer requires for street purposes upon any terms and conditions as approved by the city council. By approval of Resolution No. 2022-46, the City Council will authorize the City Manager to take any and all actions necessary by the City to complete the sale of the City ROW for the purchase price discussed above.

The owner will be responsible to apply for a lot line adjustment or merger to create conforming parcels and will responsible for all the costs associated therewith. The owner wants to develop the site as part of his larger project for Lots 23 and 24. That project is being reviewed by the City Council as a separate agenda item. The completed sale of the City ROW will be a condition of the development entitlements as described in Resolution No. 2022-45.

Street and Highways Code section 8357 provides: “The purchase price for any property sold by the legislative body of a local agency pursuant to this article shall be paid into the treasury of the local agency to the credit of any fund, available for the same purposes for which the property was used, that the legislative body designates.” Staff recommends that the City Council designate the general fund as the repository for the purchase price of the City ROW.

Included with this staff report is Resolution 2022-46, which must be adopted by the City Council and then recorded in order for the vacation of the right-of-way and the easements to become effective. Additionally, the Council’s determination that the property is exempt surplus land must be submitted to the Housing and Community Development Department (HCD) 30 days prior to the disposition of the property. The sale of the property cannot occur until at least 30 days have passed after the City sends its exempt surplus property determination to HCD.

ENVIRONMENTAL DETERMINATION:

The project complies with the requirements of the California Environmental Quality (CEQA) as the project is categorically exempt pursuant to CEQA Guideline 15332 (In-Fill Development Projects).

FISCAL IMPACT:

Page 292 of 388 ends

P a g e | 4
FISCAL YEAR: TBD
BUDGETED: N/A

BUDGET AMENDMENT N/A
ACCOUNT NO(S).: TBD
PROJECT NO(S).: USE-22-0077
FISCAL ANALYSIS: There is no anticipated fiscal impact related to the vacation of a portion of the City ROW. Selling this property will generate revenue to the City in the amount of $90,000. The City may have some escrow and document preparation costs to complete the transaction.

CURRENT BUDGET: N/A

ANTICIPATED
EXPENDITURE:

N/A
ATTACHMENTS:

1. Resolution No. 2022-46

2. Map of Vacated Property

3. Map No. 1902

4. 1978 Stipulation for Judgment & Order

Page 293 of 388 ends

ATTACHMENT 1
RESOLUTION NO. 2022-46

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, VACATING A PORTION OF THE CITY’S RIGHT-OF-WAY AND EASEMENTS AT THE

NORTHWEST CORNER OF PALM AVENUE AND SILVER STRAND BOULEVARD AND

APPROVING THE SALE OF SUCH VACATED RIGHT-OF-WAY AND EASEMENTS

PURSUANT TO A CEQA EXEMPTION
WHEREAS, the streets commonly known as Palm Avenue and Silver Strand Boulevard were dedicated to and accepted by the County of San Diego for public use on Map No. 1902 on March 22, 1926; and
WHEREAS, the San Diego Superior Court, through a stipulated judgment and order on April 24, 1978, granted the City of Imperial Beach an easement for street, highway and sidewalk purposes along and across a portion of Lots 23 and 24 of Map No. 1902 (Doc. No. 78-164951 ¶ 8); and
WHEREAS, the San Diego Superior Court, through a stipulated judgment and order on April 24, 1978, granted the City of Imperial Beach an easement for sidewalk, parkway and landscaping purposes along and across a portion of Lot 24 of Map No. 1902 (Doc. No. 78-164951 ¶ 9); and
WHEREAS, a survey by the owner of Lots 23 and 24 (which is commonly known as 236 Palm Avenue) revealed that the above sidewalk, parkway and landscaping easement is located entirely in the City’s right-of-way; and
WHEREAS, the City of Imperial Beach has realigned Silver Strand Boulevard so that the two easements from the 1978 judgment (the “Easements”) and a portion of the right-of-way at the northwest corner of Palm Avenue and Silver Strand Boulevard as described on Exhibit A and depicted on the survey map attached as Exhibit B (the “236 Palm Avenue Right-of-Way”) are no longer needed for right-of-way purposes or any other purposes for which they were dedicated; and
WHEREAS, the owner of Lots 23 and 24 (236 Palm Avenue) has requested that the Easements and the 236 Palm Avenue Right-of-Way be vacated; and WHEREAS, the City can locate the current sidewalk and any future sidewalk adjacent to Lots 23 and 24 (236 Palm Avenue) in the existing and public right-of-way in the absence of the Easements and in the absence of the 236 Palm Avenue Right-of-Way; and WHEREAS, the Easements and the 236 Palm Avenue Right-of-Way are an excess rightof-way of a street not required by the City for public street purposes and/or a public service easement that have not been used for the purpose of their dedication for more than five years; and
WHEREAS, the 236 Palm Avenue Right-of-Way has not been used for vehicle traffic and has been impassable for more than five years; and
WHEREAS, it would benefit the City to vacate and sell the 236 Palm Avenue Right-ofWay and vacate the Easements; and WHEREAS, Government Code sections 37350 and 37351 generally permit a city to dispose of real property for the common benefit or for the benefit of the city and Government Code section 54220, et. seq. (“Surplus Lands Act”), designates certain property as exempt surplus

Page 294 of 388 ends

Resolution No. 2022-46

Page 2 of 5 ends

property such that the Surplus Lands Act does not apply to it; and WHEREAS, the City Council has approved a resolution to declare the Easements and the 236 Palm Avenue Right-of-Way as exempt surplus property pursuant to Government Code section 54221(f)(1); and
WHEREAS, the Public Streets, Highways, and Services Easements Vacation Law (Part 3 of Division 9 of the California Streets and Highways Code sections 8300 et seq.) (the “Act”) permits the vacation of streets and public easements under specific conditions; and WHEREAS, section 8334(a) of the Act provides that the City Council may summarily vacate an excess right-of-way of a street or highway not required for street or highway purposes; and
WHEREAS, section 8333(a)&(c) of the Act provides that the City Council may summarily vacate a public service easement that has not been used for the purpose of its dedication for more than five years or has been determined to be excess; and WHEREAS, section 8331(a) of the Act provides that the City Council may summarily vacate public streets that have not been used for vehicle traffic and are impassable for more than five years; and
WHEREAS, sections 8335 and 8336 of the Act provide that the City Council may summarily vacate a street or public service easement by adopting a resolution of vacation and following the procedures outlined in the Act; and
WHEREAS, the City Council finds that the vacation and sale comply with the requirements of the California Environmental Quality (CEQA) as the vacation and sale are categorically exempt pursuant to CEQA Guidelines 15332 (In-Fill Development Projects); and WHEREAS, Gov. Code section 65402(a) requires a finding that a sale or vacation is in conformance with the general plan; and
WHEREAS, the City Council acts as the Planning Commission for the City; and WHEREAS, vacation and sale of the Easements and the 236 Palm Avenue Right-of-Way are consistent with the City’s General Plan of the City as more particularly described in the staff report for this Resolution which is incorporated herein by reference; and WHEREAS, vacation and sale of the Easements and the 236 Palm Avenue Right-of-Way are consistent with the City’s certified Local Coastal Program including coastal land use policies because Policy C-8 of the certified Local Coastal Program recommends reducing excess rightsof-ways; and WHEREAS, the portion of right-of-way included in the vacation and sale is located between a coastal area and the first public road, which, in this case, is Silver Strand Boulevard and a portion of Palm Avenue, has not been used for public access purposes for many years and vacating said right-of-way will have no negative impact for public access because existing street and sidewalk access improvements would be maintained or enhanced; and WHEREAS, the City obtained an appraisal for the Easements and the 236 Palm Avenue

Page 295 of 388 ends

Resolution No. 2022-46

Page 3 of 5 ends

Right-of-Way and the appraiser determined that the value is $90,000. 2K Commercial Palm IB, LLC, the owner of adjacent Lots 23 and 24 (“Buyer”) has offered to purchase the Easements and the 236 Palm Avenue Right-of-Way for the appraised value of $90,000.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Imperial Beach as follows:

1. The above recitals are true and correct, have served as a basis for the findings, and are a substantive part of this Resolution.

2. The City Council hereby approves this Resolution No. 2022-46 and orders vacation of the Easements and the 236 Palm Avenue Right-of-Way pursuant to the conditions more particularly described below.

3. This vacation is made pursuant to Chapter 4 of Part 3 of Division 9 of the Streets and Highways Code.

4. The 236 Palm Avenue Right-of-Way being vacated has a legal description as more specifically described in Exhibit A hereto and as depicted in the attached survey map in Exhibit B hereto.

5. The Easements being vacated are described in the Stipulation For Judgment and Order filed in the San Diego Superior Court on April 24, 1978 in case number 382264 (¶¶ 8-9) and filed on April 25, 1978 as Doc. No. 78-164951 in the Office of the San Diego County Recorder, State of California with respect to APN 625-023-07-00, which more specifically includes vacation of:
a. An easement for street, highway and sidewalk purposes along and across all that land within Lots 23 and 24 lying south of a line 45.00 feet north of and parallel to the center line of Palm Avenue as shown on Silver Strand Beach Gardens Addition to Imperial Beach, filed in the Office of the San Diego County Recorder as Map thereof No. 1902 and as depicted in the attached survey map in Exhibit C; and b. An easement for sidewalk, parkway and landscaping purposes along and across and beginning at a point from which the southwesterly corner of Lot 23, Block 8, Silver Strand Beach Gardens Addition to Imperial Beach, filed as Map 1902 in the Office of the San Diego County Recorder, bears the following two courses: north 89°52' west, a distance of 85.80 feet and north 0°08’ east, a distance of 2.92 feet; thence, from the point of beginning by metes and bounds, 40 feet north of and parallel to the centerline of Palm Avenue as shown on said Map 1902, south 89°52' east, a distance of 18.00 feet; thence, on the arc of a 13.00 foot radius curve, tangent to the preceding course and concave to the northwest, a distance of 18.94 feet to a point of reverse curvature; thence, along the arc of' a 163.00 foot radius curve, concave to the southeast, a distance of 68.69 feet; thence, north 30°48' east, a distance of 5.00 feet; thence north 80°17' west, a distance of 4.00 feet; thence south 27°15' west, a distance of 85.50 feet; thence, south 89°52' west, a distance of 12.29 feet; thence south 0°08’ west, a distance of 5.00 feet, plus or minus, to the point of beginning and as depicted in the attached survey map in Exhibit C.

6. The City Council hereby directs the City Clerk to cause a certified copy of this resolution

Page 296 of 388 ends

Resolution No. 2022-46

Page 4 of 5 ends

of vacation, attested by the Clerk under seal, to be recorded without acknowledgment, certification, or further proof in the San Diego County Recorder’s Office pursuant to section 8336 of the Act. Such recordation shall occur upon the satisfaction of any conditions listed in the terms of the Purchase and Sale Agreement that will be entered into between the City and the Buyer as described below.

7. From and after the date that this Resolution is so recorded, the Easements and the 236 Palm Avenue Right-of-Way shall no longer constitute a street or a public service easement.

8. The City Council finds that the vacated 236 Palm Avenue Right-of-Way and Easements have an appraised value of $90,000 as determined by the City’s appraiser and that such amount is fair and reasonable compensation for such a sale and will benefit the public.

9. The City Council hereby approves the sale of the vacated 236 Palm Avenue Right-of-Way and Easements for the purchase price of $90,000 to Buyer contingent upon (1) the City providing 30 days’ notice to the Housing and Community Development Department (“HCD”) of the City’s determination of this property being exempt surplus property under the Surplus Lands Act prior to any disposition of the subject property and receiving no comments from HCD that would prohibit the sale; and (2) the terms and conditions of a Purchase and Sale Agreement to be entered into by the parties. The City Council authorizes the City Manager to take all necessary steps and execute any and all necessary documents to effectuate the sale of said property to 2K Commercial Palm IB, LLC, including a Purchase and Sale Agreement in a form approved by the City Manager and City Attorney, which shall include a provision that the Buyer shall indemnify, defend and hold the City harmless from any actions or claims arising out of the sale or vacation of the 236 Palm Avenue Right-of-Way or the vacation of the Easements. Further, the Buyer shall deposit funds with the City to pay for the preparation of the Purchase and Sale Agreement and other documents necessary to effectuate the sale of the subject property, including but not limited to any necessary documents for HCD under the Surplus Lands Act. The City Council further authorizes the City Manager to expend such sums as necessary to complete the transaction, including splitting escrow costs with the Buyer.

The City Council also authorizes the City Manager to accept the dedication by Buyer of any necessary utility easements on the subject property. The City Council further authorizes the City Manager to take all necessary actions to effectuate the terms of this Resolution.

10. Pursuant to Street and Highways Code section 8357, the purchase price for the vacated 236 Palm Avenue Right-of-Way shall be paid into the City treasury to the credit of the general fund and be available for general fund expenditures.

11. In the event the City and the Buyer do not enter into a purchase and sale agreement, this Resolution shall not be recorded as specified above, shall be deemed null and void, and shall have no force and effect.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its meeting held on the 15th day of June 2022, by the following vote:

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Resolution No. 2022-46

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AYES: COUNCILMEMBERS: BRAGG, MCCOY, ROSE, KING, JANNEY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE

SERGE DEDINA, MAYOR
ATTEST:

JACQUELINE M. KELLY, MMC

CITY CLERK

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EXHIBIT "A"

EASEMENT QUITCLAIM
PARCEL 1
AN EASEMENT NOTED AS ITEM 8 IN STIPULATION FOR JUDGEMENT AND ORDER, RECORDED APRIL 25, 1978 AS FILE NO. 78-164951, OFFICIAL RECORDS; DESCRIBED AS FOLLOWS:

ALL THAT LAND WITHIN LOTS 23 AND 24, IN BLOCK 8, LYING SOUTH OF A LINE 45.00 FEET NORTH

OF AND PARALLEL TO THE CENTER LINE OF PALM AVENUE AS SHOWN ON SILVER STRAND

BEACH GARDENS ADDITION TO IMPERIAL BEACH, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER AS MAP NO. 1902.

PARCEL 2
AN EASEMENT NOTED AS ITEM 9 IN STIPULATION FOR JUDGEMENT AND ORDER, RECORDED APRIL 25, 1978 AS FILE NO. 78-164951, OFFICIAL RECORDS; DESCRIBED AS FOLLOWS:

ALL THAT LAND LYING WITHIN LOT 24, IN BLOCK 8 AND SILVER STRAND BOULEVARD AS SHOWN

ON SILVER STRAND BEACH GARDENS ADDITION TO IMPERIAL BEACH, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER AS MAP NO. 1902, DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT FROM WHICH THE SOUTHWESTERLY CORNER OF LOT 2, BLOCK 8, SILVER STRAND BEACH GARDENS ADDITION TO IMPERIAL BEACH, FILED AS MAP NO. 1902, IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER, BEARS THE FOLLOWING TWO COURSES:
1257+

:(67$',67$1&(2))((7$1'1257+
($67$',67$1&(2)

FEET; THENCE FROM THE POINT OF BEGINNING BY METES AND BOUNDS, 40 FEET NORTH OF AND PARALLEL TO THE CENTERLINE OF PALM AVENUE AS SHOWN ON SAID MAP NO. 1902, 6287+

($67$',67$1&(2))((7
7+(1&(217+($5&2)$)2275$',86

CURVE, TANGENT TO THE PRECEDING COURSE AND CONCAVE TO THE NORTHWEST, A DISTANCE OF 18.94 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG THE ARC OF A 163.00 FOOT RADIUS CURVE, CONCAVE SOUTHEAST, A DISTANCE OF 68.69 FEET; THENCE 1257+
($67$',67$1&(2))((7
7+(1&(1257+
:(67$',67$1&(2)
)((7
7+(1&(6287+
:(67$',67$1&(2))((7
7+(1&(6287+

:(67$',67$1&(2)
)((7
7+(1&(6287+
:(67$',67$1&(2))((73/86
OR MINUS, TO THE POINT OF BEGINNING. EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. _______________________________ GARY D. MELLOM, PLS 8537 _______________________________ DATE:

PASCO LARET SUITER
& ASSOCIATES
SHEET 1 OF 2

PRELIMINARY
PLSA JOB NO. 2596-01

EASEMENT QUITCLAIM
2022-46 - Exhibit C - Easement Quitclaim

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SILVER
MAP 1902 BLOCK 8
23 24

PALM AVENUE
C/L
C/L 40' 40'
40'

STRAND BLVD
ITEM 8 EASEMENT IN
JUDGEMENT, 4/25/1978,
F/P. 78-164951, O.R.

ITEM 9 EASEMENT IN
JUDGEMENT, 4/25/1978,
F/P. 78-164951, O.R.

R/W PER MAP 1902

PROPOSED STREET VACATION
PARCEL 1 PARCEL 2

PASCO LARET SUITER
& ASSOCIATES
EXHIBIT "B"
PLAT
N
S
W E
SHEET 2 OF 2
SCALE = 1" = 20'
PLSA JOB NO. 2596-01

EASEMENT QUITCLAIM

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SILVER
MAP 1902 BLOCK 8
23 24

PALM AVENUE
9,139 SF STRAND
BLVD

EXISTING LOT
N
S
W E
SHEET 1 OF 2
SCALE = 1" = 20' LOT AREA EXHIBIT City of Imperial Beach 825 Imperial Beach Blvd.

Imperial Beach, CA 91932
EXISTING NET LOT: 9,139 SF
Attachment 2

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SILVER
MAP 1902 BLOCK 8
23 24

PALM AVENUE
STRAND
BLVD

PROPOSED STREET

VACATION

NEW LOT
N
S
W E
SHEET 2 OF 2
SCALE = 1" = 20' LOT AREA EXHIBIT City of Imperial Beach 825 Imperial Beach Blvd.

Imperial Beach, CA 91932
9,139 SF
3,262 SF
NEW NET LOT: 12,401 SF

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June 15, 2022
ITEM TITLE: JACK’S FIRE PIT (APPLICANT); REGULAR COASTAL PERMIT (CP-22-0009), CONDITIONAL USE PERMIT (CUP-22-0008), & CATEGORICAL EXEMPTION PURSUANT TO CEQA GUIDELINES SECTION 15301 CLASS FOR LIVE ENTERTAINMENT AT 995 PALM AVE. USE-22-0086. (0600-20)
ORIGINATING DEPARTMENT:

Community Development
EXECUTIVE SUMMARY:

The tenant of a property at 995 Palm Avenue, which is located in the C/MU-1 (General Commercial & Mixed-Use) Zone, proposes the operation of live entertainment in an existing eating and drinking establishment within an existing commercial building. Pursuant to Imperial Beach Municipal code (IBMC) Section 19.23.010, Land Use Table, bars, cocktail lounges, and restaurants with live entertainment may be permitted in the C/MU-1 Zone with the issuance of a conditional use permit and compliance with specific location requirements. No significant alterations to the building or property are proposed beyond on what exist today.

RECOMMENDATION:

That the City Council adopt Resolution 2022-49, approving Regular Coastal Permit (CP-22-0009), and Conditional Use Permit (CUP-22-0008), and Categorical Exemption pursuant to CEQA Guidelines Section 15301 Class 1 (Existing Facilities), allowing the operation of live entertainment in an existing eating and drinking establishment within an existing commercial building at 995 Palm Avenue (APN 626-282-22-00), which is located in the C/MU-1 (General Commercial and Mixed-Use) Zone.

OPTIONS:
 Adopt Resolution 2022-49 approving the project; or
 Approve the project with modifications requested by the City Council; or  Disapprove the project and deny the requested permits by making specific findings for denial; or
 Continue the Public Hearing to a specific future meeting to allow staff to provide additional information upon which is a decision can be rendered.

BACKGROUND/ANALYSIS:

An application (USE-22-0086) was submitted to the City of Imperial Beach on May 25, 2022, for a Regular Coastal Permit (CP-22-0009) Conditional Use Permit (CUP-22-0008) for live entertainment in an existing eating and drinking establishment within an existing commercial building at 995 Palm Avenue (APN 626-282-22-00), which is located in the C/MU-1 (General Commercial and Mixed-Use) Zone. Live entertainment would operate within an existing eating and drinking establishment within an existing commercial building on an approximately 1,789 square foot parcel on the south side of Palm Avenue between 10th Street and Emory Street.

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Compliance with current parking requirements is not necessary because the project does not require a site plan review by the City Council per IBMC Section 19.28.020.D, provided that existing parking are not reduced beyond what exists (IBMC Sections 19.48.020.A and 19.50.031). The property does not provide on-site parking, and no parking is provided in the adjacent public rightof-way on 10th Street because the right-of-way has never been improved.

Land Use
The applicant is proposing live entertainment in an existing eating and drinking establishment within an existing commercial building that would offer light acoustical entertainment and other similar uses such as karaoke, trivia, comedy, and bingo. Live entertainment is proposed from 6:00 pm to 10:00 pm Monday through Thursday and Sunday, 6:00 pm to 1:00 am Friday and Saturday, and 11:00 am to 2:00 pm Saturday and Sunday. The stage for live entertainment would locate in the southeast corner of the main room, and televisions are located throughout the building.

Compatibility with Surround Uses
The property is located in the C/MU-1 (General Commercial and Mixed-Use) Zone, and the surrounding properties to the north, south, east, and west are located in the same commercial zone and are primarily commercial in character. Pursuant to Imperial Beach Municipal Code (IBMC) Section 19.23.010, Land Use Table, live entertainment may be permitted for bars, cocktail lounges, or restaurants in the C/MU-1 Zone with the issuance of a conditional use permit.

Although the business serves food, the proximity of nearby uses was analyzed in a similar manner as new bars or cocktail lounges, which requires review of residential zones within two hundred feet, residential buildings within two hundred feet, and religious assembly, public school, playground, or parks within three hundred feet. The existing commercial building is located within two hundred feet from a residential building, but not within two hundred feet of a residential zone or three hundred feet from religious assembly, public school, playground, or parks.

Figure 1 shows that the existing establishment is not located within two hundred feet from a residential zone; Figure 2 shows that the existing establishment is located within two hundred feet from residential buildings; Figure 3 shows that the existing establishment is not located within three hundred feet of a religious assembly, public school, playground, or park.

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The applicant proposes neighborhood compatibility by mitigating noise impacts by controlling the sound so that it would not be audible beyond the building walls and all doors would remain closed during live performances. In addition, lighting would be confined within the building, no loitering would be permitted around the premises, and security would be present during hours of operation.

Any noise complaints would be investigated and resolved to the City’s satisfaction and no adult entertainment would be permitted at any time. The business would participate in the Responsible Retailer Program operated by the San Diego County Sheriff, and the phone number for the business manager would be posted on the exterior of the building.

General Plan Consistency:

The project is located in the C/MU-1 (General Commercial & Mixed Use) Zone. The purpose of the C/MU-1 Zone is to provide land to meet the local demand for commercial goods and services required primarily by the community. It is intended that the dominant type of commercial activity in the C/MU-1 Zone will be community and neighborhood serving retail and office uses such as retail stores and offices. The proposed project would provide the operation of live entertainment in an existing restaruant within an existing commerical building, and may meet the intent of the land use designation with authorization of a conditional use permit.

Typically, a Design Review Case (DRC) and Site Plan Review (SPR) would be necessary for any proposed use requiring the approval of a conditional use permit. The intent of these permit reviews is to ensure orderly development, promote and enhance good site design, and to determine whether the site design would be detrimental or injurious to the neighborhood, value or property, improvements of the neighborhood or city in general. The project, however, proposes no significant land use intensity or alterations to the existing building or property beyond on what exists today. As such, the applicant has requested a waiver for a Design Review Case and Site Plan Review. The City Council may determine that a DRC and SPR are not required since no significant alterations to the building or property are proposed. However, if found necessary, the City Council may request that a DRC and SPR be required subject to IBMC 19.83.020(A) and IBMC 19.26.020(C). The project would then require review by the Design Review Board and

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return to the City Council at a future date so that findings for both a Design Review Case and Site Plan Review may be made.

Surrounding Land Use and Zoning
Surrounding Areas Surrounding Zoning Surrounding Land Use North C/MU-1 (General Comm. & Mixed-Use) Commercial
South C/MU-1 (General Comm. & Mixed-Use) Commercial
East C/MU-1 (General Comm. & Mixed-Use) Commercial
West C/MU-1 (General Comm. & Mixed-Use) Commercial
ENVIRONMENTAL DETERMINATION:

This project may be categorically exempted from the requirements of the California Environmental Quality Act (CEQA) as a Class 1 project pursuant to CEQA Guidelines Section 15301 Class 1 (Existing Facilities).

COASTAL JURISDICTION:

This project is located in the coastal zone as defined by the California Coastal Act of 1976. The City Council public hearing will serve as the required coastal permit hearing and the City Council will consider the findings under the California Coastal Act. Pursuant to the City of Imperial Beach Zoning Ordinance Section 19.87.050, review of the proposal will consider whether the proposed development satisfies the required findings prior to the approval and issuance of a Coastal Development Permit. The project is not located in the Appeal Jurisdiction of the California Coastal Commission as indicated on the Local Coastal Program Post Certification and Appeal Jurisdiction Map and, as such, is not appealable to the California Coastal Commission under Section 30603(a) of the California Public Resources Code.

FISCAL IMPACT:

The Applicant has deposited $800.00 to fund processing of the application.

ATTACHMENTS: Resolution 2022-49

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Attachment 1
RESOLUTION NO. 2022-49

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, APPROVING REGULAR COASTAL PERMIT (CP-22-0009); CONDITIONAL USE PERMIT (CP22-0008); AND CATEGORICAL EXEMPTION PURSUANT TO CEQA GUIDELINES SECTIONS 15301 CLASS 1 (EXISTING FACILITIES) FOR THE OPERATION OF LIVE ENTERTAINMENT

IN AN EXISTING EATING AND DRINKING ESTABLISHMENT WITHIN AN EXISTING COMMERCIAL BUILDING AT 995 PALM AVE (APN 626-282-22-00) IN THE C/MU-1 (GENERAL COMMERCIAL & MIXED-USE) ZONE. USE-22-0086.

APPLICANT: JACK’S FIRE PIT; OWNERS: SONY BEN-MOSHE
WHEREAS, on June 15, 2022 the City Council of the City of Imperial Beach held a duly advertised and noticed public hearing to consider the merits of approving or denying an application for Regular Coastal Permit (CP-22-0009), Conditional Use Permit (CUP-22-0008), and Categorical Exemption pursuant to CEQA Guidelines Sections 15301 Class 1 (Existing Facilities) for the operation of live entertainment in an existing eating and drinking establishment within an existing commercial building, located at 995 Palm Avenue in the C/MU-1 (General Commercial and Mixed-Use) Zone.

WHEREAS, it is intended that the dominant type of commercial activity in the C/MU-1 Zone will be community and neighborhood serving retail and office uses (IBMC Section

19.26.010); and
WHEREAS, bars, cocktail lounges, and restaurants with live entertainment may be permitted in the C/MU-1 Zone with the issuance of a conditional use permit and compliance with specific location requirements; and
WHEREAS, the City Council finds that the project site is existing and the proposed business would not change the intensity of use; and
WHEREAS, the City Council finds that the project is in compliance with the Land Use Element of the General Plan; and
WHEREAS, the City Council finds that the project complies with the requirements of the California Environmental Quality (CEQA) as the project is categorically exempt pursuant to CEQA Guidelines Sections 15301 Class 1 (Existing Facilities); and WHEREAS, the City Council further offers the following findings in support of its decision to conditionally approve the project:

CONDITIONAL USE PERMIT (IBMC § 19.82.040):

1. The proposed use at the particular location is necessary or desirable to provide a service or facility which will contribute to the general well-being of the neighborhood or community.

The proposed use would establish live entertainment in an existing eating and drinking establishment in the C/MU-1 (General Commercial & Mixed-Use) Zone, where retail and office spaces are typical. Applicable conditions of approval and have been included with the Resolution to further ensure compatibility with the vicinity.

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Resolution No. 2022-49

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2. The proposed use will not, under the circumstances of the particular use, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity.

The proposed use will not be detrimental to the public, as there will be no hazardous materials, fumes, or operations at the facility, nor will there be any noxious, loud noises, or excessive traffic generated at the site. The proposed use is compatible with other uses in the neighborhood and would function in a similar manner as other nearby uses.

Applicable conditions of approval and have been included with the Resolution to further ensure compatibility with the vicinity. The use would not be injurious to the value of the property and improvements in the neighborhood because it is noted as a use that may be permitted with a conditional use permit on the City’s land use table.

3. The proposed use will comply with the regulations and conditions specified in this title for such use and for other permitted uses in the same zone.

The project proposes no significant alternations to the building or property and the use would implement various conditions consistent with other similar uses in the same zone.

As such, the proposed use is compatible with other uses in the neighborhood and would function in similar manner as other nearby uses.

4. The granting of such conditional use will be in harmony with the purpose and intent of this code, the adopted general plan and the adopted local coastal program.

Pursuant to Imperial Beach Municipal Code (IBMC) Section 19.23.010, Land Use Table, bars, cocktail lounges, and restaurants with live entertainment establishments may be permitted in the C/MU-1 Zone with the issuance of a conditional use permit and compliance with specific location requirements. No significant alterations to the building or property are proposed beyond on what exist today. The purpose of the C/MU-1 zone is to provide land to meet the local demand for commercial goods and services required primarily by the community. It is intended that the dominant type of commercial activity in the C/MU-1 Zone will be community and neighborhood serving retail and office uses such as retail stores and offices. The proposed project may be permitted with a conditional use permit and consideration of the issuance criteria. The issuance criteria were considered, and the conditions of approval have been included in this Resolution to ensure compatibility with the neighborhood.

REGULAR COASTAL PERMIT (IBMC § 19.87.050):

1. The proposed development conforms to the certified local coastal plan including coastal land use policies.

The General Plan/Local Coastal Plan designates the site as General Commercial and Mixed Use (C/MU-1) Zone. The purpose of the C/MU-1 Zone is to provide areas for mixeduse development, multiple-family dwellings, and for businesses to meet the local demand for commercial goods and services. It is intended that the dominant type of commercial activity in the C/MU-1 zone will be community and neighborhood serving retail and office uses (IBMC Section 19.26.010). The proposed project would provide the operation of live entertainment in an existing eating and drinking establishment use within an existing commercial building. The proposed use may be permitted with a conditional use permit, thus conforming with the certified local coastal plan, and would have no impact to existing shore processes, public access, coastal views, or scenic views because the use would occupy and existing commercial building that already complies with the Municipal Code, does not exceed the height limit, and is not built in any areas with street end or other

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views. The project proposes no significant alterations to the building or property beyond on what exist today. The project site is located in a non-appealable coastal zone and complies with the land use designation of the General Plan/Local Coastal Plan.

The project site is not located between the seaward of the first public road. The General Plan/Local Coastal Program designates the site as General Commercial & Mixed-Use (C/MU-1 Zone). The purpose of the C/MU-1 zone is to provide areas for mixed-use development, multiple-family dwellings, and for businesses to meet the local demand for commercial goods and services. It is intended that the dominant type of commercial activity in the C/MU-1 zone will be community and neighborhood serving retail and office uses (IBMC Section 19.26.010). The proposed use would locate in an existing singlestory commercial building that meets the purpose and intent of the land use designation because the proposed business meets the local demand for commercial goods and services. As such, the proposed development meets standards for public access and recreation of Chapter Three of the 1976 Coastal Act and regulations promulgated thereunder.

The project would establish live entertainment in an existing eating and drinking establishment within an existing commercial building with no proposed expansions or commercial intensity. The original building was designed to meet the minimum criteria set forth in the City of Imperial Beach Zoning Ordinance, City’s Minimum Landscape Planting and Irrigation Standards, and the City’s Design Guidelines at the time of construction.

4. The proposed development meets minimum criteria set forth in Sections 19.81.060,

19.82.050., 19.83.120., 19.84.050., and 19.86.100., of this title for site plans, conditional use permits, design review, variances, zoning classification and rezonings.

The proposed development meets the minimum criteria set forth in the applicable Municipal Code Sections for conditional use permits. Typically, a Design Review Case and Site Plan Review would be necessary for any proposed use requiring the approval of a conditional use permit. The intent of these permit reviews is to ensure orderly development, promote and enhance good site design, and to determine whether the site design would be detrimental or injurious to the neighborhood, value or property, improvements of the neighborhood or city in general. The project, however, proposes no significant land use intensity or alterations to the existing building or property. As such, the applicant has requested a waiver for a Design Review Case and Site Plan Review and the City Council has determined that a DRC and SPR are not required since no significant alterations to the building or property are proposed. A variance and zoning classification/rezoning is not required for the project.

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city manager of Imperial Beach in lieu of providing sand to replace the sand a beach area that would be lost due to the impacts of any proposed protective structure.

The subject site is not located near an area that would require shoreline protection. As such, the proposed project does not necessitate the construction of a shoreline protection device and would not have an impact on the sand in any beach area. Therefore, a mitigation fee is not required for the project.

6. This project complies with the California Environmental Quality Act.

This project is categorically exempted from the requirements of the California Environmental Quality Act (CEQA) as a Class 1 project pursuant to CEQA Guidelines Section 15301 (Existing Facilities) The City has prepared a Categorical Exemption per the CEQA requirements for this project and the Notice of Exemption will be filed with the County Clerk in compliance with CEQA.

7. Public Notice requirements, pursuant to Zoning Ordinance Section 19.87.090, of the Coastal Development Project have been satisfied.

The project description and the date of the City Council public hearing were sent to property owners within 300 feet and occupants within 100 feet of the subject site on May 26, 2022, and a public hearing notice was published in the South County Eagle & Times newspaper on June 2, 2022.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Imperial Beach that the above-listed findings and recitals are true and correct and are incorporated by reference; and
BE IT FURTHER RESOLVED by the City Council of the City of Imperial Beach that Regular Coastal Permit (CP-22-0009), Conditional Use Permit (CUP-22-0008), and Categorical Exemption pursuant to CEQA Guidelines Section 15301 Class 1 (Existing Facilities), allowing for an eating and drinking establishment with live entertainment establishment at 995 Palm Avenue (APN 626-282-22-00) are hereby approved subject to the following:

CONDITIONS OF APPROVAL:

1. Approval of Regular Coastal Permit (CP-22-0009), Conditional Use Permit (CUP-22- 0008), and Categorical Exemption pursuant to CEQA Guidelines Section 15301 Class 1 (Existing Facilities), is valid for one year from the effective date following final action by the City Council (10 working days following final action) and shall expire at the end of business on June 15, 2023, unless vested with substantial construction pursuant to an approved building permit. Approvals of the Regular Coastal Permit (CP-22-0009), Conditional Use Permit (CUP-22-0008), and Categorical Exemption pursuant to CEQA Guidelines Section 15301 Class 1 (Existing Facilities) shall run coterminous.

2. The proposed use shall be in substantial compliance with the application received on May 25, 2022, on file at the Community Development Department, or as otherwise amended and approved, and the conditions contained herein.

3. A property manager or equivalent representative must ensure maintenance of the property and all operations, and publicly facing signage shall be placed on the building noting the relevant contact information for property management. Management must be available to respond to any issues related to operation of the building and any use thereof. If a manager is needed and not available, live entertainment may be suspended.

4. Live entertainment shall only take place 6:00 pm to 10:00 pm Monday through Thursday

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and Sunday, 6:00 pm to 1:00 am Friday and Saturday, and 11:00 am to 2:00 pm Saturday and Sunday. Hours and operation will be subject to review and modification by the Community Development Department, Public Safety Department, and City Council as necessary.

5. The business must participate in the Responsible Retailer Program. As part of the Responsible Retailer Program, the establishment shall: (1) Know and comply with the law; (2) Have written policies to prevent sales to underage and intoxicated persons; (3) Train employees in responsible sales and service to include attending LEAD (Licensee Education on Alcohol and Drugs) classes or RBSS (Responsible Beverage Sales and Service) Training (or equivalent); (4) Actively participate in your establishment inspections by Sheriff's and Alcoholic Beverage Control (ABC) personnel; (5) Support alcohol policies and ensure they are put into practice.

6. Noise must not be audible or perceptible beyond the walls of the building. All noise (i.e., TV speakers, speakers, low frequency vibrations, amplification, events, or otherwise) must be minimized to the maximum extent practicable so as to not negatively impact the neighborhood. Any speakers and other amplification shall be directed away from any residential and religious assembly uses. If any noise complaints are received for uses at the property, the applicant shall investigate said complaint and mitigate any issues to the satisfaction of the City. The project must also meet Imperial Beach Municipal Code noise requirements (Imperial Beach Municipal Code 9.32 – Noise) at all times.

7. All doors must remain closed during live performances.

8. Lighting shall not have a negative effect on the existing neighborhood. All lighting shall be situated and adjusted to shine only on the subject property, or upon authorized pedestrian areas to enhance walkability. If the property receives perceptible complaints related to lighting, the applicant shall investigate said complaint and mitigate any issues (adjustment, shades, removal of light, etc.) to the satisfaction of the City.

9. Security must be present during live entertainment hours of operation to regulate any laws and conditions or approval.

10. Business must not exceed building occupancy load. Occupancy load must be posted at a prominent location within the building.

11. Emergency exits and exit lighting must be installed and maintained in good working condition.

12. In addition to all local requirements, the business must always comply with any requirements from the Alcoholic Beverage Control.

13. If reasonable necessity warrants, the conditions of this permit may be reviewed by the Community Development Director, who will suggest proposed revisions with a reasonable cure period dependent on the necessary modifications. The applicant may appeal any decisions by the Community Development Director to the City Manager, who will have final administrative decision-making authority.

14. This project is subject to all Municipal Codes, Model Codes, State Codes and City Ordinances adopted by the City of Imperial Beach.

15. Per Imperial Beach Municipal Code Section 19.52.050, signage shall not exceed one square foot of signage per one lineal foot of wall face.

16. Applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs,

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including attorney’s fees and costs incurred by the City and any claim for private attorney general fees and costs claimed by or awarded to any party against the City or its agents officers or employees against the City or its agents, officers, or employees, relating to the approval of the project (USE-22-0086) including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision (including the Regular Coastal Permit (CP-22-0009), Conditional Use Permit (CUP-22-0008), and CEQA Categorical Exemption), including any claims for violation of the Public Records Act or discovery law arising from and with respect to litigation involving these approvals (collectively “Development Approvals”). The City will promptly notify applicant of any claim, action or proceeding concerning the Development Approvals. (“Notification of Claim”). The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, applicant shall pay all of the costs related thereto, including without limitation reasonable attorney’s fees and costs. In the event of such election applicant shall pay all of the costs related thereto including without limitation attorney’s fees and costs incurred by the City. In the event of a disagreement between the City and applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant shall not be required to pay or perform any settlement unless such settlement is first approved by applicant. The Developer or Developer’s representative shall read, understand, and accept the conditions listed herein and shall, within 30 days, return the signed Affidavit accepting said conditions.

17. The Owner shall read, understand, and accept the conditions listed herein and shall, within 30 days, return the signed Affidavit accepting said conditions.

18. The Applicant and/or Owner shall pay off any deficits in his project account (USE-22-0086) prior to building permit issuance and prior to final inspection.

1.18 of the Imperial Beach Municipal Code.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Imperial Beach as follows:

1. That the foregoing recitals are true and correct.

2. That Regular Coastal Permit (CP-22-0009), Conditional Use Permit (CUP-22- 0008), and Categorical Exemption pursuant to CEQA Guidelines Section 15301 Class 1 (Existing Facilities) are approved for an eating and drinking establishment with live entertainment use at 995 Palm Avenue (APN 626-282-22-00), subject to the conditions set forth in this Resolution.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its meeting held on the 15
th day of June 2022, by the following vote:

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AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

NONE

SERGE DEDINA, MAYOR
ATTEST:

JACQUELINE M. KELLY, MMC

CITY CLERK

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June 15, 2022
ITEM TITLE: TEPIK TIKI GRILL (APPLICANT); REGULAR COASTAL PERMIT (CP-22-0010), CONDITIONAL USE PERMIT (CUP-22-0009), & CATEGORICAL EXEMPTION PURSUANT TO CEQA GUIDELINES SECTION 15301 CLASS FOR LIVE ENTERTAINMENT AT 710 SEACOAST DR. #F. USE-22-0085. (0600-20)
ORIGINATING DEPARTMENT:

Community Development
EXECUTIVE SUMMARY:

The tenant of a property at 710 Seacoast Drive Unit #F, which is located in the C/MU-2 (Seacoast Commercial & Mixed-Use) Zone, proposes the operation of live entertainment in an existing restaurant within an existing mixed-use commercial building. Pursuant to Imperial Beach Municipal Code (IBMC) Section 19.23.010, Land Use Table, restaurants with live entertainment may be permitted in the C/MU-2 Zone with the issuance of a conditional use permit and compliance with specific location requirements. No significant alterations to the building or property are proposed beyond on what exist today.

RECOMMENDATION:

That the City Council adopt Resolution 2022-48, approving Regular Coastal Permit (CP-22-0010), and Conditional Use Permit (CUP-22-0009), and Categorical Exemption pursuant to CEQA Guidelines Section 15301 Class 1 (Existing Facilities), allowing the operation of live entertainment in an existing restaurant within an existing mixed-use commercial building at 710 Seacoast Drive Unit #F (APN 625-182-10-51), which is located in the C/MU-2 (Seacoast Commercial & MixedUse Zone.

OPTIONS:
 Adopt Resolution 2022-48 approving the project; or
 Approve the project with modifications requested by the City Council; or  Disapprove the project and deny the requested permits by making specific findings for denial; or
 Continue the Public Hearing to a specific future meeting to allow staff to provide additional information upon which is a decision can be rendered.

BACKGROUND/ANALYSIS:

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An application (USE-22-0085) was submitted to the City of Imperial Beach on May 31, 2022, for a Regular Coastal Permit (CP-22-0010) and Conditional Use Permit (CUP-22-0009) for live entertainment in an existing restaurant within an existing mixed-use commercial building at 710 Seacoast Drive Unit #F (APN 625-182-10-51), which is located in the C/MU-2 (Seacoast Commercial and Mixed-Use) Zone. A previous business owner sought to obtain a live entertainment permit through the City of Imperial Beach in 2009, though the application was not finalized and thus not authorized. The Alcoholic Beverage Control (ABC) License for the business does authorize live entertainment with various conditions that limit the hours and operations of the live entertainment. These conditions are included in Resolution 2022-48.

The proposed live entertainment would operate within the first floor of the existing restaurant within an existing mixed-use commercial building on an approximately 59,751 square foot parcel on the west side of Seacoast Drive. Compliance with current parking requirements is not necessary because the project does not require a site plan review by the City Council per IBMC Section 19.28.020.D, provided that existing parking are not reduced beyond what exists (IBMC Sections 19.48.020.A and 19.50.031). The property does provide on-site parking in a parking structure accessed off of the Dahlia Avenue street end.

Land Use
The applicant is proposing live entertainment on the first floor of an existing restaurant within an existing mixed-use commercial building that would offer karaoke and DJ live entertainment.

Karaoke live entertainment is proposed from 6:00 pm to 10:00 pm Friday through Sunday, and DJ live entertainment is proposed on Saturday from 6:00 pm to 10:00 pm. The stage for live entertainment would locate in the main dining room of the first floor, and televisions are located throughout the building.

Compatibility with Surround Uses
The property is located in the C/MU-2 (Seacoast Commercial and Mixed-Use) Zone, and the surrounding properties to the north and east are located in the same commercial zone and are primarily commercial or mixed-use in character. The surrounding properties to the south, and west are located in the public facilities zone. Pursuant to Imperial Beach Municipal Code (IBMC)

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Section 19.23.010, Land Use Table, restaurants with live entertainment may be permitted in the C/MU-2 Zone with the issuance of a conditional use permit.

Although restaurants proposing live entertainment are not required to provide minimum distancing requirements, the proximity of nearby uses should be considered. The existing mixed-use commercial building is located within two hundred feet from a residential zone and existing residential buildings and is located within three hundred feet of a park. As such, conditions should be considered to mitigate for noise.

Figure 1 shows that the existing establishment is located within two hundred feet from a residential zone; Figure 2 shows that the existing establishment is located within two hundred feet from residential buildings; Figure 3 shows that the existing establishment is located within three hundred feet of a public park.

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The applicant proposes neighborhood compatibility by mitigating noise impacts by controlling the sound so that it would not be audible beyond the building walls and all doors would remain closed during live performances. In addition, lighting would be confined within the building, no loitering would be permitted around the premises, and security would be present during hours of live entertainment.

As a result of public comment, and in an effort to dampen sound, staff is recommending soundproofing measures be implemented on the common walls shared with residential units. In addition, Resolution 2022-48 provides conditions that reflect the limitations placed on the Alcoholic Beverage Control license.

Alcoholic Beverage Control Conditions
The Alcoholic Beverage Control has placed the following operating restrictions on the business related to live entertainment:
 Entertainment shall only be provided in the interior of the "Main Level" bottom-floor dining room area of the premises as depicted on the ABC-257 dated 11/02/2021. Entertainment provided shall be limited to no more than four entertainers and shall be allowed from 10:00a.m. until 10:00 p.m. each day of the week.
 No speakers shall be permitted on the upstairs patio/terrace level or sidewalk, and any music provided in the interior of the premises shall not be audible beyond the area under the control of the licensee as depicted on the ABC-257 dated 11/02/2021 and ABC-253 dated 11/02/2021.
 There shall be no pool tables, billiard tables, foosball games, pinball games, or any other amusement devices, coin-operated or otherwise, permitted on the premises at any time.  All exterior doors shall be kept closed at all times when entertainment is provided, except incases of ingress/egress of patrons or in emergency situations. Said doors not to consist solely of a screen or ventilated security door.
 There will be no dancing allowed on the premises.
 No noise shall be audible beyond 50 feet from the licensed premises.

These conditions have been added to Resolution 2022-48, in addition to other restrictions commonly provided to live entertainment uses within the City, that would be applicable to the City’s permit if authorized.

General Plan Consistency:

The project is located in the C/MU-2 (Seacoast Commercial & Mixed Use) Zone. The purpose of the C/MU-2 zone is to provide land to meet the demand for goods and services required primarily by the tourist population, as well as local residents who use the beach area. It is intended that the dominant type of commercial activity in the C/MU-2 zone will be visitor-serving retail such as specialty stores, surf shops, restaurants, and hotels and motels. Mixed-use and multiple family residences are also permitted in the C/MU-2 zone and in the Seacoast Mixed-Use/Residential Overlay Zone. The development standards of the C/MU-2 zone encourage pedestrian activity through the design and location of building frontages and parking provisions. The proposed project would provide the operation of live entertainment on the first floor of an existing restaruant

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within an existing mixed-use commerical building, and may meet the intent of the land use designation with authorization of a conditional use permit.

Surrounding Land Use and Zoning
Surrounding Areas Surrounding Zoning Surrounding Land Use North C/MU-2 (Seacoast Comm. & Mixed-Use) Commercial/Residential South PF (Public Facilities ) Park
East C/MU-2 (Seacoast Comm. & Mixed-Use) Commercial/Residential West PF (Public Facilities ) Park/Beach
ENVIRONMENTAL DETERMINATION:

COASTAL JURISDICTION:

This project is located in the coastal zone as defined by the California Coastal Act of 1976. The City Council public hearing will serve as the required coastal permit hearing and the City Council will consider the findings under the California Coastal Act. Pursuant to the City of Imperial Beach Zoning Ordinance Section 19.87.050, review of the proposal will consider whether the proposed development satisfies the required findings prior to the approval and issuance of a Coastal Development Permit. The project is located in the Appeal Jurisdiction of the California Coastal Commission as indicated on the Local Coastal Program Post Certification and Appeal Jurisdiction Map and, as such, is appealable to the California Coastal Commission under Section 30603(a) of the California Public Resources Code.

FISCAL IMPACT:

The Applicant has deposited $800.00 to fund processing of the application.

ATTACHMENTS: Resolution 2022-48

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Attachment 1
RESOLUTION NO. 2022-48

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, APPROVING REGULAR COASTAL PERMIT (CP-22-0010); CONDITIONAL USE PERMIT (CP22-0009); AND CATEGORICAL EXEMPTION PURSUANT TO CEQA GUIDELINES SECTIONS 15301 CLASS 1 (EXISTING FACILITIES) FOR THE OPERATION OF LIVE ENTERTAINMENT

IN AN EXISTING RESTAURANT WITHIN AN EXISTING MIXED USE COMMERCIAL BUILDING AT 710 SEACOAST DRIVE UNIT #F (APN 625-182-10-51) IN THE C/MU-2 (SEACOAST COMMERCIAL & MIXED-USE) ZONE. USE-22-0085.

APPLICANT: TEPIK TIKI GRILL; OWNERS: JOE AWAD
WHEREAS, on June 15, 2022 the City Council of the City of Imperial Beach held a duly advertised and noticed public hearing to consider the merits of approving or denying an application for Regular Coastal Permit (CP-22-0010), Conditional Use Permit (CUP-22-0009), and Categorical Exemption pursuant to CEQA Guidelines Sections 15301 Class 1 (Existing Facilities) for the operation of live entertainment in an existing restaurant within an existing mixeduse commercial building, located at 710 Seacoast Drive Unit #F in the C/MU-2 (Seacoast Commercial and Mixed-Use) Zone.

WHEREAS, it is intended that the dominant type of commercial activity in the C/MU-2 zone will be visitor-serving retail such as specialty stores, surf shops, restaurants, and hotels and motels (IBMC Section 19.27.010); and
WHEREAS, restaurants with live entertainment may be permitted in the C/MU-2 Zone with the issuance of a conditional use permit and compliance with specific location requirements; and WHEREAS, the City Council finds that the project site is existing and the proposed business would not change the intensity of use; and,
WHEREAS, the City Council finds that the project is in compliance with the Land Use Element of the General Plan; and,
WHEREAS, the City Council finds that the project complies with the requirements of the California Environmental Quality (CEQA) as the project is categorically exempt pursuant to CEQA Guidelines Sections 15301 Class 1 (Existing Facilities); and, WHEREAS, the City Council further offers the following findings in support of its decision to conditionally approve the project:

CONDITIONAL USE PERMIT (IBMC § 19.82.040):

1. The proposed use at the particular location is necessary or desirable to provide a service or facility which will contribute to the general well-being of the neighborhood or community.

The proposed use would establish live entertainment in an existing restaurant business in the C/MU-2 (Seacoast Commercial & Mixed-Use) Zone, where the demand for goods and services required primarily by the tourist population, as well as local residents who use the beach area are typical. Applicable conditions of approval have been included with the Resolution to further ensure compatibility with the vicinity.

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Resolution No. 2022-48
Attachment 1

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The proposed use will not be detrimental to the public, as there will be no hazardous materials, fumes, or operations at the facility, nor will there be any excessive traffic generated at the site and conditions of approval have been included with the Resolution to further ensure compatibility with the vicinity. The proposed use with the implemented conditions is compatible with other uses in the neighborhood and would function in a similar manner as other nearby uses. The use would not be injurious to the value of the property and improvements in the neighborhood because it is noted as a use that may be permitted with a conditional use permit on the City’s land use table.

3. The proposed use will comply with the regulations and conditions specified in this title for such use and for other permitted uses in the same zone.

4. The granting of such conditional use will be in harmony with the purpose and intent of this code, the adopted general plan and the adopted local coastal program.

Pursuant to Imperial Beach Municipal Code (IBMC) Section 19.23.010, Land Use Table, restaurants with live entertainment establishments may be permitted in the C/MU-2 Zone with the issuance of a conditional use permit and compliance with specific location requirements. No significant alterations to the building or property are proposed beyond on what exist today. The purpose of the C/MU-2 zone is to provide land to meet the demand for goods and services required primarily by the tourist population, as well as local residents who use the beach area. It is intended that the dominant type of commercial activity in the C/MU-2 zone will be visitor-serving retail such as specialty stores, surf shops, restaurants, and hotels and motels. The proposed project may be permitted with a conditional use permit, the issuance criteria were considered, and the conditions of approval have been included in this Resolution to ensure compatibility with the neighborhood.

REGULAR COASTAL PERMIT (IBMC § 19.87.050):

1. The proposed development conforms to the certified local coastal plan including coastal land use policies.

The General Plan/Local Coastal Plan designates the site as Seacoast Commercial and Mixed Use (C/MU-2) Zone. The purpose of the C/MU-2 zone is to provide land to meet the demand for goods and services required primarily by the tourist population, as well as local residents who use the beach area. It is intended that the dominant type of commercial activity in the C/MU-2 zone will be visitor-serving retail such as specialty stores, surf shops, restaurants, and hotels and motels. (IBMC Section 19.27.010). The proposed project would provide the operation of live entertainment on the first floor of an existing restaurant

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within an existing mixed-use commercial building. The proposed use may be permitted with a conditional use permit, thus conforming with the certified local coastal plan, and would have no impact to existing shore processes, public access, coastal views, or scenic views because the use would occupy and existing commercial building that already complies with the Municipal Code, does not exceed the height limit, and is not built in any areas with street end or other views. The project proposes no significant alterations to the building or property beyond on what exist today. The project site is located in the appealable coastal zone and complies with the land use designation of the General Plan/Local Coastal Plan.

The project site is located between the seaward of the first public road. The General Plan/Local Coastal Plan designates the site as Seacoast Commercial & Mixed-Use (C/MU-2 Zone). The purpose of the C/MU-2 Zone is to provide land to meet the demand for goods and services required primarily by the tourist population, as well as local residents who use the beach area. The proposed project meets the intent of the zone and offers additional services to residents and tourists in the coastal zone. As such, the proposed development meets standards for public access and recreation of Chapter Three of the 1976 Coastal Act and regulations promulgated thereunder.

The project would establish live entertainment on the first floor of an existing restaurant business within an existing mixed-use commercial building with no proposed expansions or commercial intensity. The original building was designed to meet the minimum criteria set forth in the City of Imperial Beach Zoning Ordinance, City’s Minimum Landscape Planting and Irrigation Standards, and the City’s Design Guidelines at the time of construction.

4. The proposed development meets minimum criteria set forth in Sections 19.81.060,

19.82.050., 19.83.120., 19.84.050., and 19.86.100., of this title for site plans, conditional use permits, design review, variances, zoning classification and rezonings.

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6. This project complies with the California Environmental Quality Act.

7. Public Notice requirements, pursuant to Zoning Ordinance Section 19.87.090, of the Coastal Development Project have been satisfied.

The project description and the date of the City Council public hearing were sent to property owners within 300 feet and occupants within 100 feet of the subject site on May 31, 2022, and a public hearing notice was published in the South County Eagle & Times newspaper on June 2, 2022.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Imperial Beach that the above-listed findings and recitals are true and correct and are incorporated by reference; and
BE IT FURTHER RESOLVED by the City Council of the City of Imperial Beach that Regular Coastal Permit (CP-22-0010), Conditional Use Permit (CUP-22-0009), and Categorical Exemption pursuant to CEQA Guidelines Section 15301 Class 1 (Existing Facilities), allowing for a restaurant with live entertainment establishment at 710 Seacoast Drive Unit #F (APN 625-182- 10-51) are hereby approved subject to the following:

CONDITIONS OF APPROVAL:

1. Approval of Regular Coastal Permit (CP-22-0010), Conditional Use Permit (CUP-22- 0009), and Categorical Exemption pursuant to CEQA Guidelines Section 15301 Class 1 (Existing Facilities), is valid for one year from the effective date following final action by the City Council (10 working days following final action) and shall expire at the end of business on June 15, 2023, unless vested with substantial construction pursuant to an approved building permit. Approvals of the Regular Coastal Permit (CP-22-0010), Conditional Use Permit (CUP-22-0009), and Categorical Exemption pursuant to CEQA Guidelines Section 15301 Class 1 (Existing Facilities) shall run coterminous.

2. The proposed use shall be in substantial compliance with the application received on May 31, 2022, on file at the Community Development Department, or as otherwise amended and approved, and the conditions contained herein.

3. A property manager or equivalent representative must ensure maintenance of the property and all operations, and publicly facing signage shall be placed on the building noting the

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Attachment 1

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relevant contact information for property management. Management must be available to respond to any issues related to operation of the building and any use thereof. If a manager is needed and not available, live entertainment may be suspended.

4. Soundproofing measures shall be implemented on the common walls shared with residential units.

5. Live entertainment shall only take place from 6:00 pm to 10:00 pm Friday through Sunday.

6. Hours and operation will be subject to review and modification by the Community Development Department, Public Safety Department, and/or City Manager, as necessary, in order to ensure consistency with the findings of the Conditional Use Permit and/or the Alcoholic Beverage Control license.

7. Entertainment shall only be provided in the interior of the "Main Level" bottom-floor dining room area of the premises.

8. Entertainment provided shall be limited to no more than four entertainers.

9. No speakers shall be permitted on the upstairs patio/terrace level or sidewalk, and any music provided in the interior of the premises shall not be audible beyond the area under the control of the licensee.

10. All exterior doors shall be kept closed at all times when entertainment is provided, except incases of ingress/egress of patrons or in emergency situations. Said doors not to consist solely of a screen or ventilated security door.

11. There shall be no pool tables, billiard tables, foosball games, pinball games, or any other amusement devices, coin-operated or otherwise, permitted on the premises at any time.

12. There shall be no dancing allowed on the premises.

13. No noise shall be audible beyond 50 feet from the licensed premises.

14. The business must participate in the Responsible Retailer Program. As part of the Responsible Retailer Program, the establishment shall: (1) Know and comply with the law; (2) Have written policies to prevent sales to underage and intoxicated persons; (3) Train employees in responsible sales and service to include attending LEAD (Licensee Education on Alcohol and Drugs) classes or RBSS (Responsible Beverage Sales and Service) Training (or equivalent); (4) Actively participate in your establishment inspections by Sheriff's and Alcoholic Beverage Control (ABC) personnel; (5) Support alcohol policies and ensure they are put into practice.

15. Noise must not be audible or perceptible beyond the walls of the building. All noise (i.e., TV speakers, speakers, low frequency vibrations, amplification, events, or otherwise) must be minimized to the maximum extent practicable so as to not negatively impact the neighborhood. Any speakers and other amplification shall be directed away from any residential and religious assembly uses. If any noise complaints are received for uses at the property, the applicant shall investigate said complaint and mitigate any issues to the satisfaction of the City. The project must also meet Imperial Beach Municipal Code noise requirements (Imperial Beach Municipal Code 9.32 – Noise) at all times.

16. Lighting shall not have a negative effect on the existing neighborhood. All lighting shall be situated and adjusted to shine only on the subject property, or upon authorized pedestrian areas to enhance walkability. If the property receives perceptible complaints related to lighting, the applicant shall investigate said complaint and mitigate any issues (adjustment, shades, removal of light, etc.) to the satisfaction of the City.

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Attachment 1

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17. Security must be present during live entertainment hours of operation to regulate any laws and conditions or approval.

18. Business must not exceed building occupancy load. Occupancy load must be posted at a prominent location within the building.

19. Emergency exits and exit lighting must be installed and maintained in good working condition.

20. In addition to all local requirements, the business must always comply with any requirements from the Alcoholic Beverage Control.

21. If reasonable necessity warrants, the conditions of this permit may be reviewed by the Community Development Director, who will suggest proposed revisions with a reasonable cure period dependent on the necessary modifications. The applicant may appeal any decisions by the Community Development Director to the City Manager, who will have final administrative decision-making authority.

22. This project is subject to all Municipal Codes, Model Codes, State Codes and City Ordinances adopted by the City of Imperial Beach.

23. Per Imperial Beach Municipal Code Section 19.52.050, signage shall not exceed one square foot of signage per one lineal foot of wall face.

24. Applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney’s fees and costs incurred by the City and any claim for private attorney general fees and costs claimed by or awarded to any party against the City or its agents officers or employees against the City or its agents, officers, or employees, relating to the approval of the project (USE-22-0085) including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision (including the Regular Coastal Permit (CP-22-0010), Conditional Use Permit (CUP-22-0009), and CEQA Categorical Exemption), including any claims for violation of the Public Records Act or discovery law arising from and with respect to litigation involving these approvals (collectively “Development Approvals”). The City will promptly notify applicant of any claim, action or proceeding concerning the Development Approvals. (“Notification of Claim”). The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, applicant shall pay all of the costs related thereto, including without limitation reasonable attorney’s fees and costs. In the event of such election applicant shall pay all of the costs related thereto including without limitation attorney’s fees and costs incurred by the City. In the event of a disagreement between the City and applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant shall not be required to pay or perform any settlement unless such settlement is first approved by applicant. The Developer or Developer’s representative shall read, understand, and accept the conditions listed herein and shall, within 30 days, return the signed Affidavit accepting said conditions.

25. The Owner shall read, understand, and accept the conditions listed herein and shall, within 30 days, return the signed Affidavit accepting said conditions.

26. The Applicant and/or Owner shall pay off any deficits in his project account (USE-22-0085) prior to building permit issuance and prior to final inspection.

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Resolution No. 2022-48
Attachment 1

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1.18 of the Imperial Beach Municipal Code.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Imperial Beach as follows:

1. That the foregoing recitals are true and correct.

2. That Regular Coastal Permit (CP-22-0010), Conditional Use Permit (CUP-22- 0009), and Categorical Exemption pursuant to CEQA Guidelines Section 15301 Class 1 (Existing Facilities) are approved for a restaurant with live entertainment use at 710 Seacoast Drive Unit #F (APN 625-182-10-51), subject to the conditions set forth in this Resolution.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its meeting held on the 15
th day of June 2022, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

NONE

SERGE DEDINA, MAYOR
ATTEST:

JACQUELINE M. KELLY, MMC

CITY CLERK

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June 15, 2022
ITEM TITLE: REVIEW OF INITIAL DRAFT OF THE BIGGER PICTURE STRATEGIC PLAN. (0100-10)
ORIGINATING DEPARTMENT:

City Manager
EXECUTIVE SUMMARY:

In August of 2021 as part of the City Manager evaluation, the City Council directed the City Manager to prepare an update to the City’s strategic plan. Entitled “The Big Picture,” the previous plan was prepared approximately 20 years ago, and the City Council determined an update to the plan is in order. Staff has met on a regular basis since that time to prepare an updated document for an initial review by the City Council prior to conducting a series of community outreach meetings to obtain public input and feedback on the proposed strategic plan.

RECOMMENDATION:

Staff recommends the City Council review the initial draft, provide any feedback or direction, and instruct the City Manager to conduct a series of public meetings to receive public input and feedback.

OPTIONS:
 Review the initial draft and provide feedback and direction  Provide additional direction to the City Manager
 Reject the initial draft with direction for additional information BACKGROUND/ANALYSIS:
“The Big Picture” strategic plan has been an excellent tool aiding members of the City Council in the preparation of the municipal budget, updating land use ordinances, and providing general guidance for decision making. However, the plan is now more than 20 years old and the City Council has decided that the plan is in need of an update.

During the evaluation of the City Manager in August of 2021, the City Council directed the City Manager to complete an update to the plan. Since that time, staff has met on a regular basis and create an initial draft of the updated strategic plan entitled, “The Bigger Picture.” Staff has been purposeful in the development of the plan. The structure of the document will allow the plan to be used to create staff work plans and the preparation of the municipal budget. More

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importantly, the plan will allow the staff to remain focused on the goals and objectives of the City Council as identified in the plan by reducing distractions and unrelated efforts. The plan will also allow the public to have a clear understanding of the projects that will be pursued in the ongoing effort to improve the community.

The plan includes projects that are intended to be complete between 1-6 years. Each of the projects identified in this category will be accounted for in a work plan and the municipal budget.

However, the horizon of six years was selected to ensure the costs of the projects can be spread across three separate budget cycles because the City of Imperial Beach adopts a two-year municipal budget.

If the City Council finds the initial version of the Bigger Picture acceptable, the draft will be circulated in a series of outreach meetings to obtain public input and feedback. It is anticipated that the public outreach will be completed prior to the end of the calendar year so that the current City Council will have the opportunity to consider the plan for adoption. In future years, the City Council will be able to update, amend, and refine the plan to coincide with community needs, funding opportunities and other factors.

Staff welcomes any feedback from the members of the City Council prior to conducting the public outreach.

ENVIRONMENTAL DETERMINATION:

Not a project as defined by CEQA.

FISCAL IMPACT: Consideration of the plan will have no direct fiscal impact.

ATTACHMENTS:

The Initial Draft of The Bigger Picture
A Project Summary of the Bigger Picture

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The Bigger Picture DRAFT for Discussion Only Draft Date June 15, 2022 [Date] 1

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The Bigger Picture DRAFT for Discussion Only Draft Date June 15, 2022 [Date] 2
The Bigger Picture – An Updated Strategy for Imperial Beach Background
On October 4, 2000, the Imperial Beach City Council approved a strategic plan for the community known as the “Big Picture.” The document provides an excellent overview of several geographic regions in the City with descriptions of existing conditions and ideas or a vision for a desired future condition. In addition to the narrative of existing and potential future conditions, the document includes suggestions to improve the quality of life in the community and some “Big Ideas” intended to be more community-wide transformational improvements.

As with any successful public document, the contents of the Big Picture were generated through significant public outreach and participation including wide distribution of questionnaires, several community meetings, and document review and refinement in official meetings of the City Council. The outcome of this monumental effort was a visioning blueprint, general framework, and validation for City Council decision-making that was consistent with the Big Picture and the identified goals and objectives.

In many ways, the substance of the Big Picture is still applicable and relevant today. While many of the anticipated improvements have been completed, some of the anticipated projects are still being explored. Therefore, this document, “The Bigger Picture,” is in many ways an update or continuation of the Big Picture with a slightly different focus.

Intent
Using the Big Picture as a guiding document, the purpose and intent of the Bigger Picture is to elevate the visioning plan into a more strategic approach with attainable and measurable objectives. According to Brian de Haaff, the Chief Executive Officer of Aha! a leading “roadmap” software product, “vision is the initial thought about what kind of place it will be and why it will matter. Strategy is the blueprint for the foundation and framing.” In other words, a vision is the view of the future, and the strategy is how it happens. A vision can be a longer-term document, like the Big Picture completed in 2000, whereas a strategy needs to be reviewed, monitored and updated more often.

As an analogy, the initial vision of a new park would include thoughts about what type of facility the park will be and why it is important to have the park in the City. Strategy is used to secure the land, obtain funding and measure the results of the project against the anticipated outcomes.

The vision for Imperial Beach is positive experiences, attractive locations and facilities, safe neighborhoods and a laid-back comfortable atmosphere. These characteristics are reflected in the Big Picture and therefore the findings and information contained in that document are an excellent base from which to build a strategic plan. The purpose and intent of this document, the Bigger Picture, will be to add specific definitions and measurable outcomes to the vision, and create a framework or strategy to accomplish the task. These outcomes may range from problem identification to budgeting for capital projects to accomplish a goal or objective.

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Often, the vision does not include a physical feature, but rather a community service or program. Imperial Beach has many natural and existing amenities and by implementing an attainable strategy to improve and enhance the City’s facilities and programs, the residents and visitors will enjoy the best community services in the region.

Relevance and Implementation
The Bigger Picture is intended to be a relevant, currentstrategic plan that will be reviewed during the preparation of the municipal budget, Capital Improvements Program, and other planning and implementation tools of the City.

When municipal budgets are developed, the Bigger Picture will be reviewed and projects identified in the 1-6 Year Strategy will be included in the financial planning of the City. Additionally, the document will be updated, progress measured, and 1-6 Year projects added or modified, where appropriate during the budget preparation cycle.

Stated Purpose
The purpose of the Bigger Picture is to consolidate and organize the financial and human resources of the City into an action document consistent with direction provided by the City Council. Because the City of Imperial Beach adopted a two-year municipal budget, 6 years was chosen to allow three budget cycles to complete the identified tasks allowing the costs to be spread across more than a single budget cycle.

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Chapter 1 - Communitywide Strategic Efforts
Clean and Safe Neighborhoods and Public Spaces
The atmosphere in Imperial Beach public spaces must be not only inviting and fun, but residents and visitors must feel safe, and comfortable that the area is properly maintained and clean. In 2020, the residents of Imperial Beach passed Measure I, with more than 70% voting in favor, that raised the sales tax in the City by 1% with proceeds from the measure being used to create clean and safe neighborhoods. Recent community surveys completed in 2022 indicate that the highest priority of residents remains clean and safe neighborhoods. At the time this document was presented to the City Council for consideration, a review of the resident survey conducted in 2022 is underway and the City Council may consider asking the residents to increase the City’s Transient Occupancy Tax (TOT). Therefore, TOT has been identified as a potential funding source to complete some of the projects included herein.

The will of the residents is clear, and the highest priority of the Bigger Picture will be to develop strategies to improve the cleanliness and safety in the community. In many ways, each of the projects in this document are components of Measure I and the overarching goal of having clean and safe neighborhoods. Clean and safe neighborhoods require participation from every citizen, business owner, elected official and employee in the City.

For instance, a robust recreation program can result in a safer community by providing enrichment opportunities to residents. However, several of the departments in the City are specifically tasked with cleanliness and safety.

Public Works Department
Well maintained roads, sidewalks, parks, beachfront, and all public spaces is the established mission of the Public Works Department. A well-maintained City and a rapid response to trash and graffiti removal, and attractive parks, roadway medians, alleys, city trees, and bikeways helps create pride in the community and is necessary for clean and safe neighborhoods.

The Public Works Department is highly effective, even with limited resources in the provision of regular and ongoing maintenance throughout the City. In addition to routine scheduled maintenance, it is a priority for Public Works staff to quickly respond to unanticipated maintenance needs including:
 Elimination of graffiti within 48 hours of being notified  Maintenance of streets and storm drains before, during, and after storm events  Removal of illegally dumped items
San Diego County Sheriff’s Department
Even with the best of efforts and an effective safety program, instances will arise that will require a higher level of enforcement. In these instances, police services will be provided by the San Diego County Sheriff’s Department who contracts with the City for traditional public safety services. The contract with the County represents, by far, the largest single budget expenditure in the City. In the past several years, the percentage increase in the contract has outpaced the percentage increase in City revenue. A new contract is in the approval process with much lower percentage increases in the next five years (FY 23-27).

Imperial Beach Fire Department

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In all public spaces, there will be instances of fire, injury or accidents that will require the services of the Imperial Beach Fire Department and their companion ambulatory service, currently provided by the City of Chula Vista.

The Fire Department plays an important role in community education including teaching cardio-pulmonary resuscitation (CPR) and other life saving techniques. Another primary role of the Fire Department is emergency preparedness and developing incident action plans such as winter storms. Their ongoing leadership and guidance was evident during the COVID-19 Pandemic. Finally, the Fire Department helps create clean neighborhoods by identifying areas of overgrown planting materials and weeds that can present a fire or safety hazard.

Imperial Beach Lifeguard Service
Water related emergency situations and other safety concerns on the tidelands and adjacent areas are the responsibility of the Imperial Beach Lifeguard Service. While the Lifeguards respond to medical emergencies and enforce state and local regulations on the tidelands, their most important function is education and keeping people safe in an unpredictable environment. One of the most successful educational programs in the City is the Junior Lifeguard program where local youth can learn the skills needed to become an ocean lifeguard.

Humane Society
The San Diego Humane Society provides animal control services for the City of Imperial Beach. Like the other public safety providers, education is a primary focus of the Humane Society. Nonetheless, there are occasions when residents or visitors bring pets to public spaces that can result in unsafe or unclean situations in the community. Dangerous or intimidating animals, failure to pick up waste, or other conditions related to animals and their owners, can quickly change a pleasant experience in a public space into a frightening encounter that can escalate quickly.

Code Compliance
The Imperial Beach Municipal Code provides the standards for a clean and safe environment in the City for residents and businesses. Code Compliance Officers in Imperial Beach are tasked with ensuring the provisions of the Municipal Code are followed by property owners. The City is currently moving to an automated process where residents will be able to submit service requests and other concerns such as graffiti, potholes, and vandalism through the use of a cell phone application.

Community Park Rangers and Park Ambassadors
In direct response to Measure I, the City of Imperial Beach has implemented a Park Ranger program to improve the cleanliness and safety in the community. The new program is anticipated to expand and be responsive to the needs of the community.

Crime Prevention Through Environmental Design Assessment A nationally recognized guide for creating Clean and Safe Public Spaces is Crime Prevention Through Environmental Design or CPTED. Each of the parks, public facilities, and prominent gathering areas in Imperial Beach will be analyzed using this tool and plans enacted to bring each of the facilities into harmony with the CPTED principles over time.
1-6 Year Strategy (completion prior to December 31, 2027):

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 Provide budget support, maintain adequate staffing levels, and provide clear direction to the departments and divisions charged with enhancing and maintaining clean and safe neighborhoods.  Update local regulations and ordinances to provide employees assigned with maintaining clean and safe neighborhoods with the tools necessary to complete their tasks efficiently and effectively.  Implement a user-friendly system of reporting code violations and other concerns including the ability to report the violation or concern instantly using cell phone technology.  Conduct assessments at public areas and facilities and prepare a CPTED Improvement Plan that is specific to each area to enhance safety and crime prevention.
 Provide budget to implement components of the CPTED Improvement Plan that considers overall public space security, adequate safety lighting, and strategically placed remote surveillance.

Funding Options for 1-6 Year Strategy: Funding for Clean and Safe Neighborhoods will potentially be provided through grant sources, but if grant sources do not materialize, funding will be required from the General Fund of Imperial Beach in direct connection with the passage of Measure I and the potential future funding from an increase in the TOT.

Longer-Term Goals and Objectives:

Each of the public spaces in Imperial Beach will be improved in accordance with the provisions of the Crime Prevention through Education and Design (CPTED) and improvement plans will be developed to improve each space for safety and crime prevention.

Update of the Imperial Beach Local Coastal Program and General Plan Future land use decisions in Imperial Beach are guided by the adopted General Plan and Local Coastal Program (LCP). In many coastal communities, these are separate documents with the LCP addressing the portions of the community near the coast and the General Plan guiding the land use decisions in the remainder of the community.

In Imperial Beach, a majority of the City is located within the Coastal Zone as defined in the Coastal Act of California adopted by the State Legislature in 1976. Therefore, to encourage compatible uses and avoid confusion, the City of Imperial Beach has decided to keep the two documents consistent to the extent possible.

For several years, the City has been actively working on a comprehensive update to the Local Coastal Program and General Plan. The progress has slowed due to requests from the California Coastal Commission to include land use regulations in the program that are not consistent with the preferred outcomes of the residents. The City is exploring strategies to advance the plans incrementally on the items upon which consensus has been reached. 1-6 Year Strategy (completion prior to December 31, 2027):
 The comprehensive update to the Local Coastal Program and General Plan will be either completed and adopted by the City Council and the California Coastal Commission or the effort will be suspended and the existing document, except as officially amended, will continue to serve as the guidelines for future land use decisions in Imperial Beach.

Funding Options for 1-6 Year Strategy: The California Coastal Commission has provided significant funding for much of the work completed to date. There are also other funding sources available that will be explored by

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staff. However, it is likely that at least some of the funding to conclude the work on the Local Coastal Program and the General Plan will be allocated from the City’s General Fund.

Longer-Term Goals and Objectives:

Updating the land use ordinances and regulations for the City is an active and ongoing process. Each year, new legislation is passed that requires modification of these documents. Additionally, there are requirements of State law that require periodic updates to the City’s General Plan.

Events, Activities and Cultural Exchange
Community events are an important part of the Imperial Beach lifestyle.

Some of the events have been conducted for many years, while others are first time activities or happen on occasion. Continuing traditions while reviewing and improving the reoccurring events can foster community pride and improve the business climate in the City. At the same time, it is critical to have effective processes in place to be able to respond to occasional or first-time activities that can enhance the enjoyment, cultural awareness and educational experiences for residents and visitors.

Community activities should be inclusive of all residents and visitors. Although the City of Imperial Beach does not have the financial capacity to provide staff support or financial assistance to every potential activity, the prudent use of available resources can ensure that everyone can find or discover some endeavor that will improve their quality of life and enjoyment of living in such a great community. Seeking a wide variety of activities is key. 1-6 Year Strategy (completed prior to December 31, 2027):
 Work closely with the sponsors of annual or regular occurring events, identify ways to improve the experience for all attendees, residents in the vicinity, the business community, and other stakeholders to ensure events and activities provide a positive benefit to the entire community.  Create new events that showcase the City including walking and bicycling campaigns that include scenic routes that celebrate the unique qualities of the City and emphasize the services available in the business community.
 Create new events that appeal to all ethic, age, gender and sexual preference groups in the community.

An example may be the implementation of a Dia de Los Muertos event.  Operate a first-class recreation program with a mixture of traditional sports and lifestyle enhancement programs that helps build essential skills, knowledge, and aptitudes of participants.  Activate underutilized event space such as the Senior Center, Sports Park Recreation Center, 170 Palm Community Center, and outdoor park areas to support a wide range of community activities.  Update the recreation and event facilities that accommodate events, activities, and potentially private gatherings. These facilities can be complementary, not in competition with other privately owned locations such as hotels, as an alternative for family parties and life celebrations.

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Funding Options for 1-6 Year Strategy: The costs associated with special events and the City’s recreation program are allocated annually from the General Fund. There are offsetting fees for many of the events and the recreation programs, and potential for outside funding. The improvements to the recreation facilities will be funded primarily through the American Rescue Plan Act funding provided to the City from the Federal government.

Longer-Term Goals and Objectives:

The City’s newly created recreation program will continue to expand to satisfy the needs of the community. This will result in the need for investment in additional facilities and additional staff to administer the programs.

Likewise, the number, size and quality of special events will continue to grow. As a beach community and attendance at special events, Imperial Beach must carefully monitor the number of events to maintain the high quality of life enjoyed by the residents.

Outreach and Communications
The ability to communicate with residents is critical and potentially the most important Community Service the City can offer. In addition to required public notice in newspapers and physical posting, the City is active on most social media platforms. The City also provides information using electronic and static message boards and banners, by organizing community open houses, and various other means of communication. Despite these efforts, it is very clear that more must be accomplished to avoid any segments of the population feeling disenfranchised. According to the 2020 United State Census, approximately 52% of the Imperial Beach population is Hispanic, 32% White, 7% Asian and 4% African American. Effective outreach and communication in the most transparent and accessible manner possible must account for these factors and is a stated goal of the City Council. Often, government information is complex and difficult to understand. Every effort will be made to provide information to residents that is easy to understand, accessible for people with disabilities, and in a manner best suited for the intended audience. 1-6 Year Strategy (completed prior to December 31, 2027):
 Implement a new official website that is more user-friendly and bi-lingual that can expand the ability of residents to communicate with the City and complete business transactions efficiently. The online forms should be very intuitive and easy to navigate.
 Expand the social media footprint of the City to be accessible to all users with special attention given to a variety of languages and platforms preferred by a range of ages and cultural groups and evolving trends for new communication methods.
 Maintain a constant presence in traditional video and print media (television and newspapers).  Intentional and increased outreach providing multilingual and multicultural information.

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 Install more dynamic, visible, and interesting electronic message boards and improve wayfinding signage throughout the community.
 Seek innovative or unconventional methods to reach segments of the community who don’t respond to traditional outreach methods.

Funding Options for 1-6 Year Strategy: A majority of the funding for community outreach and communication will be allocated from the City of Imperial Beach General Fund. Current budget allocations are already in place for the purchase and implementation of a new webpage. The installation of the electronic message boards is identified for funding through the American Rescue Plan Act to allow the City to communicate timely and critical information to the residents.

Physical Accessibility
A majority of the public infrastructure in Imperial Beach was constructed prior to the advent of the Americans with Disabilities Act (ADA) and therefore is less accessible than desired. Although all new building and facilities will be more accessible, there needs to be a concentrated effort on improving all buildings and facilities to be more accessible to all residents and visitors. This may take some time, but it is a very worthy effort. In addition to the more traditional ADA standards, Imperial Beach will explore strategies to improve access and mobility for all. 1-6 Year Strategy (completed prior to December 31, 2027):
 Create recreational programs dedicated to residents with special needs.  Improve parking and access to major destinations and amenities.  Improve safe walking spaces separated to the extent possible from vehicular conflict.  Install additional bicycle lanes separated to the extent possible from vehicular conflict.  Provide additional ADA access mats on the beach.
 Install better and more visible wayfinding signs with an emphasis on accessibility.  Install inclusive playgrounds in our city parks to ensure children and adults of all abilities have play options throughout the community.

Funding Options for 1-6 Year Strategy: Staff will explore a variety of options for addressing physical accessibility including grants and community contributions. However, if funding is not available for these items, an allocation from the General Fund, including Measure I and a potential increase in TOT, will be necessary.

Longer-Term Goals and Objectives:

The introduction of a local shuttle service that can provide safe and reliable transportation for residents who lack the physical ability or resources to move throughout the community can improve the accessibility for those in need. The transportation service should also provide vital connections to local transit centers. The route(s) for the service can be studied to not only provide access to those in need, but also benefit the larger community by reducing parking demand and reducing traffic.

Social Accessibility and Equity

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Social Accessibility is the practice of making information, activities, and/or environments sensible, meaningful, and usable for as many people as possible. As government processes and programs become increasingly complex, virtual, online and impersonal, it is essential that the City of Imperial Beach identify opportunities for all residents regardless of age, income level, ethnicity, spoken or written language, special interests and needs, or any other category to have accessibility to both opportunities to engage in their community and to the municipal services provided by the City. Additionally, to meet all resident needs, outreach meetings should be conducted in a variety of locations throughout the community.

Social Equity includesimpartiality, fairness, and justice for all people. Unlike equality which starts with the premise that all people are starting at the same place, equity embraces the differences between all. The combination of quantitative data from the U.S. Census Bureau which shows that 51.5% of the Imperial Beach population are Hispanic or Latino, 67.7% of the population are renters, and 10.1% are persons 65 years and over combined with the qualitative data that comes from historical observations/anecdotes related to public participation in the public process, outreach, and the existing built environment show that there is a need to focus the strategic lens towards promoting social equity within the City of Imperial Beach.

Developing an equity plan for the City of Imperial Beach will help promote active participation from all voices of the community through the creation of intentional community engagement processes that combat structural and historical drivers of inequality, such as chronic disinvestment and targeted exclusion. Imperial Beach is a diverse, colorful small town beach community that is characterized by its unique geographic location that is bounded by both abundant natural resources and bi-cultural resources from neighboring Mexico but, there is a lack of cultural architecture, art, and representation in the physical or built environment. 1-6 Year Strategy (completed prior to December 31, 2027):

The implementation of Social Equity and Accessibility in the planning and governmental process is an ongoing effort that must continually be considered, discussed and improved upon. It is the intent that the composition of the 1–6-year strategy will start with near-term actions that can be made to start a foundational practice of equity and access.
 Join the San Diego Regional network and AARP national network of Age Friendly Cities.  Facilitate and support the creation of local Community Based Organizations (CBOs) to better enhance and engage the local community.
 Where feasible, consider collaborating with local CBOs and community leaders to facilitate the creation of an Equity Working Group such as neighborhood or district groups to consult/engage on projects.  Address outreach strategy and budget for equitable, inclusive outreach on the onset of projects.  Incorporate equity policies and language in the guiding documents for the City where feasible.  Provide/develop high-quality youth development programs in the Parks and Recreation Department to Increase local youth participation in youth development programs.  Implement a multi-lingual outreach and education program on housing-related matters  Develop and implement an Affirmative Fair Marketing Plan (AMP) that emphasizes marketing to the minority and low-income concentration areas.

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Funding Options for 1-6 Year Strategy: Social Accessibility and Equity will be built into all projects undertaken by the City and therefore, the funding will mirror the fiscal resources used to complete the project. Any additional effort to improve Social Accessibility and Equity will be from the General Fund of the City.

Longer-Term Goals and Objectives:

The need to focus on social accessibility and equity will be constant and ongoing. Unlike more of the other projects listed in this document, the goals and objectives both in the near-term and the longer-term will be consistent. The City is committed to Social Accessibility and Equity as an ethos where actions, goals and policies stem from. It is intended that there would be some overlap between near-term and long-term goals to show the continued commitment to equitable action. As more information and resources become available, the long-term goals would change and evolve.
 Facilitate and support the creation of local Community Based Organizations (CBOs) to better enhance and engage the local community.
 Where feasible, consider collaborating with local CBOs and community leaders to facilitate the creation of an Equity Working Group such as neighborhood or district groups to consult/engage on projects.  Address outreach strategy and budget for equitable, inclusive outreach at the onset of projects.  Incorporate equity policies and language in the guiding documents for the City where feasible.  Update the Climate Action Plan to include environmental justice.  Provide high-quality, inclusive youth development programs.  Create and Implement an Age Friendly Imperial Beach Action Plan.  Continue to invest in public facility and infrastructure projects that improve the quality of life for residents, especially in the minority and low-income concentration areas.  Participate in the regional equitable climate adaptation and enhance interagency coordination as well as develop strong partnerships to develop multi-benefit regional solutions.

Relationships and Partnerships
The provision of efficient and effective community services requires a comprehensive network of partners to ensure the needs of all residents and visitors are being explored and considered. Imperial Beach is fortunate to have great partners that will be essential in providing effective community services and there will be new partnerships created in the future as community services continue to improve and evolve in the City. Some of the current partners include:
 The Imperial Beach Chamber of Commerce – as advocates for the business community and the link between business owners and the City, the Chamber of Commerce is an essential partner in creating a stable and desirable business climate.
 The Port of San Diego – Imperial Beach, along with Chula Vista, Coronado, National City and the City of San Diego comprise the cities that make up the Port District. The relationship with the Port is essential for Imperial Beach. The City provides municipal services for the portion of the Port District located in Imperial Beach and the reimbursement for those services is a significant portion of the City’s revenue.

There is not a more important partner in realizing the success of Imperial Beach.  South Bay Union School District – the SBUSD administers the elementary schools in Imperial Beach and

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some of the southern neighborhoods in the City of San Diego. The City and the District have a history of joint use agreements with the City, but at the current time, those agreements need to be examined and expanded.
 Sweetwater Union High School District – the Sweetwater District administers the only high school in the City, Mar Vista High School. A variety of opportunities for partnerships exist including community use of the new swimming pool and access to the gymnasium facilities, track and field space, and other District facilities. In return, the City offers the potential for playing fields for baseball, softball, football, and soccer, together with beachfront activities and park space.  The Boys & Girls Club of South Bay – located in Veterans Park, the Boys & Girls Club provides many youth programs that can be incorporated into the recreational programs of the City. The facilities at the Boys & Girls Club and the use of City facilities offer numerous opportunities for partnerships and programs as both entities provide life enrichment efforts to the same residents, primarily children.  The Imperial Beach Branch of the San Diego County Library – Imperial Beach is home to one of the most beautiful, updated and functional libraries in the region thanks to the San Diego County library system.

The library offers reading programs, computer access, meeting space and other amenities for the community, and more recently has partnered with the City’s Park & Recreation Department to expand their services to the residents of Imperial Beach by offering outdoor concerts, movies at the park, and other activities, as well as expanding their hours of operation to allow for more enrichment and programs in their facilities.
 California State Parks – The Borderfield State Park is located in Imperial Beach and presents a great opportunity for accessing one of the less visited areas in the region. The State Park has very nice group facilities, a beach, a County campground near the Park, and result in positive promotion of the community, and high-level interest from the State and Federal governments to address the issues associated with the international border.
 United States Fish and Wildlife Service – The U.S. FWS operates the national wildlife refuges located on both the north and south sides of the City. An effective partnership with the Service can help the City realize its goal of a financially stable eco-tourism program. As the mega-region binational area continues to grow, these areas will become ever more critical and valuable for the City of Imperial Beach in maintaining its character as a safe community with a small-town atmosphere.  Tijuana River National Estuarine Research Reserve – TRNERR is a partnership between the National Ocean and Atmospheric Administration (NOAA) and the State of California, established under the auspices of the federal Coastal Zone Management Act. The Reserve is operated by staff from California State Parks, the U. S. Fish & Wildlife Service, and the non-profit Southwest Wetlands Interpretive Association (SWIA) for long-term research, education, and stewardship of the Tijuana Estuary. The Tijuana Estuary Visitor Center located at 3rd St. and Caspian Way is a free community resource for residents and visitors.
 United States Navy – Portions of Naval Base Coronado are located within and immediately adjacent to the City of Imperial Beach. Perhaps only second to the beach, the character of Imperial Beach is shaped by the City’s relationship and partnership with the Navy. As the relationships are strengthened, it is possible that the variety of world class Naval facilities could be used for limited community programs.

Imperial Beach has always been and continues to be a strong advocate and partner for the purpose and

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mission of the United States Navy.
 San Diego Association of Governments – SANDAG is a critical partner in the provision of transportation funding, shoreline protection, regional planning and countless other regional government efforts.

Working with SANDAG allows the City to build relationships with the other communities in the County in an organized and predetermined manner. It is also a method to allow other communities to engage in issue that effect Imperial Beach in a prescribed and organized way.  Metropolitan Transit System – MTS links the transit systems throughout the region and allows smaller communities like Imperial Beach to have access to a much more comprehensive transit system to the benefit of residents and visitors alike. Coordinating with MTS to ensure transit is reliable, convenient and safe is an important element in the strategic efforts of the City.

The City relies on relationships and partnerships to effectively provide services and government programs. There are so many other existing and potential partnerships and relationships that need to be fostered and developed.

For this purpose, the City of Imperial Beach has created a management structure that recognizes and addresses this situation. The City Manager is the staff member assigned to enhance and expand external relationships, City Council efforts and the off-campus departments. The City’s Chief Administrative Officer is an equal management partner assigned to the administrative and daily operational functions of the City. Together, the management team links the internal and external functions of the City in a seamless and effective fashion. The City Manager must continue to maintain and foster relationships and partnerships that will enhance the ability of the City to enhance the quality of life for residents, strengthen the City’s business climate, and improve visitor experiences.

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Chapter 2 - Project Based Strategic Efforts
Imperial Beach has a variety of beautiful locations, world class amenities and top-notch facilities that combine to create an impressive network of businesses, residential areas, and passive and active recreation opportunities.

This Bigger Picture includes an overview of those areas together with a long-term vision, and some short-term strategic actions that can be taken to advance the vision. (Alphabetical Order)
13th Street Community Corridor Improvements
The commercial corridor along 13th Street from Imperial Beach Boulevard to the Naval Outlying Landing Field (NOLF) is an opportunity to create community pride, improve vehicular and pedestrian safety, and enhance aesthetics while at the same time improving the immediate business climate in the vicinity of the improvements.

The 13th Street Commercial Corridor contains some aging commercial centers that need façade renovations and limited parking, but the backbone is in place to transform the corridor into an attractive area that will better serve the residents in the area.

Vision: The revitalized 13th Street Community Corridor will be transformational in the eastern portion of the community. The investment in this corridor will result in safer neighborhoods, better commercial services closer to the residents in the eastern portion of the City, and reinvestment in the aging residential dwellings consistent with what has been experienced in other parts of the City. Themed lighting and signage together with improved pedestrian facilities and more attractive businesses will improve the quality of life for residents in the vicinity of the improvements.
1-6 Year Strategy (completion prior to December 31, 2027):
 Staff will take the steps necessary to prepare a 13th Street Community Corridor Plan and circulate the plan to obtain community input before presenting the plan to the City Council for consideration. The plan will include details such as lighting and signage design, the creation of a façade renovation program, improved pedestrian access, and a business incentive program to encourage businesses that benefit the community to locate on 13th Street.
 Staff will reach out to existing businesses to identify the barriers to façade improvements and business recruiting on 13th Street. Once those barriers have been identified, staff will create a plan to address the barriers and present potential solutions to the City Council.  Staff will reach out to the existing multifamily housing units to identify barriers for building renovations from property owners and community concerns about the neighborhood from tenants that live in the area. Results will be incorporated in the 13th Street Community Corridor Plan.  Implementation of initial, lower cost improvements such as lighting, signage and façade renovation programs consistent with the 13th Street Community Corridor Plan following adoption by the City Council.

Funding Options for 1-6 Year Strategy: The costs associated with proposed planning and outreach efforts and the corresponding 13th Street Community Corridor Plan improvements will require an allocation from the General Fund of the City of Imperial Beach and will be included in the preparation of future budget proposals

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for consideration by the City Council. Staff will also research grants, public-private partnerships, and other funding options.

Longer-Term Goals and Objectives:

Upon completion of the planning efforts, full implementation of the plans must occur. The installation of lighting, improvement of pedestrian facilities, façade renovation, and other improvements are likely to be significant and funding will need to be identified once the scope of the project is fully understood. 170 Palm Avenue (former Adult Education Center)
Formerly used by the Sweetwater Union High School
District as the Imperial Beach Adult Education Center, the City obtained ownership of the structure at 170 Palm after the District determined they would no longer use the
building for educational purposes. The City Council has directed staff to update and remodel the building for
inclusion in the Imperial Beach Recreation Program. The space will be used for recreation programs, public
meeting space, community education and services and
other similar community uses. While structurally sound, the building is in need of significant cosmetic and infrastructure upgrades. For instance, the roof and the heating and ventilation system need to be replaced. Inside the building, there has been a lot of water damage and the layout will need to be modified to serve the recreational and community needs of the City.

Vision: 170 Palm (name forthcoming) will be the center of the lifestyle enrichment and recreation programs of the City. The building will be a place where all residents can come to participate in community-based education and recreation, but also a place where residents can learn about Federal, State, County and City programs that can help them improve their everyday lives. The building will be a catalyst for economic activity on “Old Palm Avenue” and every resident will use the space for education, recreation, public meetings, conferences, public services, and similar uses.
1-6 Year Strategy (completion prior to December 31, 2027):

The building, inside and out, will be remodeled and updated. The space will contain recreation, education, public service offices, public meeting spaces, and a variety of other space. The design will be flexible and adaptable to address community needs as programs grow and develop. The remodel will include a new roof and ventilation system, flooring, furnishings, and façade beatification.

Funding Options for 1-6 Year Strategy: In large part, funding for the project at 170 Palm Avenue has been identified using funding from the American Rescue Plan Act (ARPA). If there are shortfalls in the funding, there is funding from the Parks Impact Fee available and if necessary, the City Council can consider the allocation funds from the General Fund of the City including revenue from Measure I and the potential increase in TOT.

Longer-Term Goals and Objectives

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The Bigger Picture DRAFT for Discussion Only Draft Date June 15, 2022 [Date] 16
The parking and space around the building is limited. Staff will explore the potential of collaborating with surrounding property owners to create a more functional building that will accommodate the anticipated growth of the programs at 170 Palm Avenue.

Bayshore Bikeway
The Bayshore Bikeway is a regional facility that traverses the northern part of Imperial Beach. Oversight of the bikeway is provided by the San Diego Association of Governments (SANDAG) and when completed, will allow cyclists to ride from Coronado, through Imperial Beach, to downtown San Diego and beyond. The City of Imperial Beach is responsible for maintenance of the bikeway and vegetation management immediately adjacent to the bikeway. There are limited facilities along the Imperial Beach segment of the bikeway with only a few commercial uses (Bikeway Village) and limited parking (13th Street northern streetend and near the Public Works campus at the northern end of 10th Street). The Bayshore Bikeway presents opportunities to participate in some large regional events and to conduct local events where appropriate.

There are some concerns associated with the bikeway that need to be addressed. The facility has become a very popular place to walk and a primary concern is the conflict between riders and walkers on the bikeway. In the past few years, sections of walking path have been added near the bikeway to reduce the conflict between cyclists and pedestrians. There are some sitting areas that overlook the San Diego Bay National Wildlife Refuge operated by the United States Fish and Wildlife Service and the Sellers- Keever memorial plaque named for two young boys who lost their lives nearby.

A second concern is the introduction of electric bicycles on the bikeway. Constructed as a non-motorized trail, there are a growing number of electric bicycles that travel at a relatively high rate of speed. Even novice riders on electric bikes can easily exceed speeds of 25 miles per hour on the very narrow and winding path.

Vision: The Bayshore Bikeway will be an area where residents and visitors can enjoy a safe and scenic experience with views of the San Diego Bay, downtown San Diego, and the San Diego Bay National Wildlife Refuge. Cycling and pedestrian areas will be appropriately separated, and bicycle speeds will be suitable for the unique setting.

Users will have access to drinking water, seating/rest areas, and eventually restroom facilities. The shoulders of the bikeway will be properly maintained with specific attention paid to sight lines and blind corners. The project will be incorporated, and be an important element, in any long-range planning for an enhanced bay front experience in Imperial Beach.
1-6 Year Strategy (completion prior to December 31, 2027):
 Bikeway regulatory signs and safety calming methods will be implemented in key locations in the Imperial Beach section of the Bayshore Bikeway to encourage appropriate bicycling speeds and improve pedestrian safety. Increased enforcement of dangerous speeds and activities will be conducted by the Imperial Beach Recreation Department through the Park Ranger program. Staff will work with

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Imperial Beach City CouncilJune 15, 2022

Imperial Beach City Council
June 15, 2022