City Council
Agenda
Regular and Closed Session Meetings - 6:00 p.m.
Wednesday, April 19, 2023
Council Chambers
825 Imperial Beach Boulevard
Imperial Beach, CA 91932
THE CITY COUNCIL ALSO SITS AS THE IMPERIAL BEACH PLANNING COMMISSION, PUBLIC
FINANCING AUTHORITY, HOUSING AUTHORITY, AND IMPERIAL BEACH REDEVELOPMENT AGENCY SUCCESSOR AGENCY.
Public Comments: Members of the public can participate in-person at the City Council meeting to provide public comments.
Members of the public can also submit written comments prior to the City Council meeting via e-mail at:
[email protected].
Copies of the written comments received by noon on the day of the City Council meeting will be provided to the City Council and be made available to the public at the City Council meeting. They will be part of the official record of the meeting, but they will not be read aloud at the meeting.
Members of the public who wish to watch City Council meetings, are encouraged to stream from the City website at: https://www.imperialbeachca.gov/council_meetings.
Pages
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. REIMBURSEMENT DISCLOSURES/REPORTS ON ASSIGNMENTS AND
COMMITTEES
All City Council assignments are available for review in the City Clerk’s Office.
5. COMMUNICATIONS FROM CITY STAFF
6. PUBLIC COMMENT
Each person wishing to address the City Council regarding items not on the posted agenda may do so at this time. In accordance with State law, Council may not take action on an item not scheduled on the agenda. If appropriate, the item will be referred to the City Manager or placed on a future agenda.
7. PRESENTATIONS
None.
8. CONSENT CALENDAR
All matters listed under Consent Calendar are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items, unless the item is removed from the Consent Calendar by action of the City Council. A Councilmember or member of the public may make a comment on any item on the Consent Calendar.
Recommendation:
To approve Consent Calendar Item Nos. 8.a through 8.g.
8.a APPROVAL OF CITY COUNCIL MEETING MINUTES. 6
Recommendation:
That the City Council approves the Regular Meeting Minutes of March 15, 2023, and the Special Meeting Minutes of February 16, 2023, March 15, 2023, and March 29, 2023.
8.b RATIFICATION OF WARRANT REGISTER FOR THE PERIOD FROM MARCH 25, 2023 TO APRIL 7, 2023. (0300-25)
22 Recommendation:
Staff is requesting that the City Council ratify and file the Warrant Register Report.
8.c RESOLUTION NO. 2023-31 ALLOCATING FUNDS FOR THE REAMA PARK ENHANCEMENT PROJECT P23103. (0920-30)
31 Recommendation:
Staff recommends that the City Council adopt Resolution 2023-31 to appropriate funds to construct hardscape enhancements at Reama Park.
Resolution 2023-31 authorizes the Finance Director to appropriate $26,000 from the fund balance reserves for the Reama Park Hardscape Project into account 420-6020-552.2006.
8.d DISPATCH SERVICES AGREEMENT WITH THE CITY OF SAN DIEGO. (0250-32)
35 Recommendation:
That the City Council adopt Resolution No. 2023-29 authorizing the City Manager or designee to execute a Dispatch Services Agreement with the City of San Diego.
8.e SECOND READING AND ADOPTION OF ORDINANCE NO. 2023-1224 AMENDING TITLE 19 (ZONING) TO UPDATE THE CITY’S DENSITY BONUS ORDINANCE TO MEET STATE LAW; LCP AMENDMENT (LCPA-23-0001); & EXEMPTION PER CEQA GUIDELINES SECTION 15061(b)(3). (0620-95) 54 Recommendation:
That the City Council conduct the second reading by title only, waiving further reading, and adopt Ordinance No. 2023-1224 approving the proposed amendment, Local Coastal Program Amendment (LCPA-23-0001) of Title 19 of the Imperial Beach Municipal Code for Density Bonus Law and, finding and certifying that the proposed zoning amendment (Ordinance 2023-1224) is consistent with the Coastal Act and finding an exemption pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) (the common sense exemption).
8.f SECOND READING AND ADOPTION OF ORDINANCE NO. 2023-1225 AMENDING TITLE 19 (ZONING) FOR PERMANENT SUPPORTIVE HOUSING AND LOW BARRIER NAVIGATION CENTERS; LCP AMENDMENT (LCPA-23- 0001); & CEQA EXEMPTION PER SECTION 15061(b)(3). (0620-95) 65 Recommendation:
That the City Council conduct the second reading by title only, waiving further reading, and adopt Ordinance No. 2023-1225 approving the proposed amendment Local Coastal Program Amendment (LCPA-23-0001) of Title 19 of the Imperial Beach Municipal Code for permanent supportive housing developments and low barrier navigation centers, and finding and certifying that the proposed zoning amendment (Ordinance 2023-1225) is consistent with the Coastal Act and finding an exemption pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) (the common sense exemption).
8.g SECOND READING AND ADOPTION OF ORDINANCE NO. 2023-1226 AMENDING TITLE 19 (ZONING) FOR URBAN LOT SPLIT SUBDIVISIONS AND TWO-UNIT RESIDENTIAL DEVELOPMENTS AS ALLOWED BY SB 9; LCP AMENDMENT (LCPA-23-0001); & CEQA EXEMPTION. (0620-95) 78 Recommendation:
That the City Council conduct the second reading by title only, waiving further reading, and adopt Ordinance No. 2023-1226 approving the proposed amendment Local Coastal Program Amendment (LCPA-23-0001) of Title 19 of the Imperial Beach Municipal Code for urban lot split subdivisions and two-unit residential developments, and finding and certifying that the proposed zoning amendment (Ordinance 2023-1226) is consistent with the Coastal Act and California Environmental Quality Act (CEQA) exemption pursuant to Government Code Sections 65852.21(j) and 66411.7(n).
9. ORDINANCES/INTRODUCTION & FIRST READING
9.a ORDINANCE NO. 2023-1227 – AN URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, AMENDING ORDINANCE NO. 2022-1220 TO EXTEND THE EXPIRATION THEREOF RELATED TO REGULATIONS FOR MOBILE HOME PARKS AND RV PARKS. (0660-95)
86 Recommendation:
That the City Council consider Urgency Ordinance No. 2023-1227.
10. PUBLIC HEARINGS
10.a BUCKEYE INVESTMENTS, INC. (APPLICANT); CONSTRUCTION OF A
MIXED-USE BUILDING WITH GROUND FLOOR COMMERCIAL AND EIGHT
RESIDENTIAL CONDOMINIUM UNITS AND CEQA GUIDELINES
EXEMPTION SECTION 15332 AT 757 SEACOAST DRIVE (APN 625-192-04- 00) USE-22-0088. (0600-20)
90 Recommendation:
That the City Council adopt Resolution 2023-30, approving Regular Coastal Development Permit (CP-22-0012), Conditional Use Permit (CUP-22-0011), Design Review Case (DRC- 22-0024), Site Plan Review (SPR-22-0025), Tentative Map (TM- 22-0002), and categorical exemption pursuant to the California Environmental Quality Act (CEQA) guidelines 15332 Class 32 (InFill Development Projects) at 757 Seacoast Drive (APN 625-192-04-00), which is located in the C/MU-2 (Seacoast Commercial & Mixed Use) Zone subject to the conditions as specified in the attached resolution.
11. REPORTS
11.a DISCUSSION OF LOCAL CAMPAIGN REGULATIONS. (0430-95) 177 Recommendation:
Discuss regulations and provide direction to staff.
12. I.B. REDEVELOPMENT AGENCY SUCCESSOR AGENCY REPORTS
None.
13. ITEMS PULLED FROM THE CONSENT CALENDAR (IF ANY)
14. CITY COUNCIL FUTURE AGENDA REQUESTS
15. ADJOURN REGULAR MEETING
16. CLOSED SESSION
1. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code section 54957.6:
Agency Designated Representatives: City Manager, Chief Administrative Officer, City Attorney, Finance Manager, Human Resources Manager, City Planner/Management Associate
Employee Organization: Imperial Beach Firefighters’ Association (IBFA), Local 4692
17. ADJOURN CLOSED SESSION
THE CITY COUNCIL ALSO SITS AS THE IMPERIAL BEACH PLANNING
COMMISSION, PUBLIC FINANCING AUTHORITY, HOUSING AUTHORITY, AND IMPERIAL BEACH REDEVELOPMENT AGENCY SUCCESSOR AGENCY.
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT AND CALIFORNIA GOVERNMENT CODE SECTION 54953(e), THE CITY OF IMPERIAL
BEACH REQUESTS THAT INDIVIDUALS WHO REQUIRE REASONABLE
ACCOMMODATION TO FULLY PARTICIPATE IN THIS MEETING CONTACT THE CITY CLERK’S OFFICE AT (619) 628-2347 OR TTY 711 AS SOON AS POSSIBLE
DURING REGULAR BUSINESS HOURS AND NOT LATER THAN AT LEAST TWELVE (12) HOURS IN ADVANCE OF THE MEETING TO DISCUSS YOUR ACCESSIBILITY NEEDS.
ANY WRITINGS OR DOCUMENTS PROVIDED TO A MAJORITY OF THE CITY
COUNCIL/PLANNING COMMISSION/PUBLIC FINANCING AUTHORITY/HOUSING AUTHORITY/I.B. REDEVELOPMENT AGENCY SUCCESSOR AGENCY
REGARDING ANY ITEM ON THIS AGENDA WILL BE MADE AVAILABLE FOR
PUBLIC INSPECTION ON THE CITY'S WEBSITE AT
https://www.imperialbeachca.gov/council_meetings
P a g e | 1
April 19, 2023
ITEM TITLE: APPROVAL OF CITY COUNCIL MEETING MINUTES.
ORIGINATING DEPARTMENT:
City Clerk
RECOMMENDATION:
That the City Council approves the Regular Meeting Minutes of March 15, 2023, and the Special Meeting Minutes of February 16, 2023, March 15, 2023, and March 29, 2023.
ENVIRONMENTAL DETERMINATION:
Not a project as defined by CEQA.
FISCAL IMPACT: No Fiscal impact associated with this item.
ATTACHMENTS:
Att 1 03-15-2023 Regular Meeting Minutes_DRAFT
Att 2 02-16-2023 Special Meeting Minutes_DRAFT
Att 3 03-15-2023 Special Meeting Minutes_DRAFT
Att 4 03-29-2023 Special Meeting Minutes_DRAFT
ATTACHMENT 1
1 CITY OF IMPERIAL BEACH
CITY COUNCIL
REGULAR MEETING MINUTES
March 15, 2023, 6:00 p.m.
Council Chambers
825 Imperial Beach Boulevard
Imperial Beach, CA 91932
Present: Mayor Aguirre, Mayor Pro Tem Leyba-Gonzalez, Councilmember McKay, Councilmember Seabury, Councilmember Fisher
Staff City Manager Foltz, Chief Administrative Officer Cortez-Martinez, City Attorney Lyon, City Clerk Kelly, Environmental & Natural Resources Director Helmer, Senior Planner Openshaw, Public Works Director Larios
The City Council also sits as the Imperial Beach Planning Commission, Public Financing Authority, and Imperial Beach Redevelopment Agency Successor Agency. _____________________________________________________________________
1. CALL CLOSED SESSION TO ORDER
Mayor Aguirre called the Closed Session Meeting to order at 5:15 p.m.
2. ROLL CALL
City Clerk Kelly took roll.
3. CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Pursuant to Govt Code 54956.9 (1 case)
Case No. 37-2021-00030077-CU-PA-CTL
City Attorney Lyon reported out of Closed Session that direction was given with no reportable action.
4. ADJOURN CLOSED SESSION
Mayor Aguirre adjourned the Closed Session Meeting at 6:00 p.m.
5. CALL REGULAR MEETING TO ORDER
Mayor Aguirre called the Regular Meeting to order at 6:00 p.m.
ATTACHMENT 1
2 6. ROLL CALL
City Clerk Kelly took roll.
7. PLEDGE OF ALLEGIANCE
Dwight Cousins Sr., Coach for the Mar Vista High School Girls Basketball team, and the basketball team led the Pledge of Allegiance.
8. REIMBURSEMENT DISCLOSURES/REPORTS ON ASSIGNMENTS AND
COMMITTEES
Councilmember Fisher attended the SCEDC Board Meeting where there was a presentation by YMCA about the programs they are putting on. There was also a presentation from the City of San Diego about how all of the City's permits and building inspections are done online. He stated that he attended the SANDAG retreat event, which was a productive meeting. He stated that SANDAG does a lot for the community and is optimistic about the future and SANDAG's involvement with the community.
Councilmember Seabury attended the Chamber of Commerce mixer and ribbon cutting for Radiant Reality. She also attended the SCEDC Board Meeting as well as a Zoom meting with the League of California Cities to discuss various proposed bills.
Councilmember McKay attended the Metro Wastewater JPA meeting where there was discussion about a settlement on a spill that happened two years ago. He also attended the US IBWC local meeting, and Little League Opening Day. He attended the SANDAG retreat and noted that progress was made. It was an open and honest meeting and going forward, SANDAG could be a better functioning group. He attended the Cal Cities Policy Committee meeting via Zoom where they discussed legislation that is coming before the state. He stated that there will be 2,632 new laws. He also attended the Cal Cities Legislative Briefing which provided details on the issues discussed in the previous meeting.
Mayor Pro Tem Leyba-Gonzalez stated he did not have a report on committee assignments. He announced the opening of the UPS store at 768 13th Street and said that the owners and employees are City residents.
Mayor Aguirre attended the Nestor Academy, where she read the story of Justice by Sonia Sotomayor to third graders. She attended the SANDAG Shoreline Preservation Working Group meeting where they discussed research on beach sand replenishment.
There was also a presentation by the County Department of Environmental Health regarding their water quality program monitoring. She announced that there will be a City Council Workshop on March 29th where there will be presentations from IBWC, US EPA, Scripps Institution of Oceanography, and the County Department of Environmental Health. She reported on a meeting with City of Chula Vista Mayor McCann, to discuss homelessness, water quality, and upcoming efforts that they are engaging in. She attended Little League Opening Day and threw the first pitch. On the same day she attended the Age Friendly Community Listening Session. The next one will be held at
ATTACHMENT 1
3 Bayside Elementary on March 23rd. She also participated in a Port of San Diego informative tour of the Bay, where they shared their blue economy and blue carbon projects. She attended the California Coastal Commission meeting where they discussed statewide matters including some related to the San Diego Coast, but unrelated to the City of Imperial Beach.
9. COMMUNICATIONS FROM CITY STAFF
City Manager Foltz announced that Meagan Openshaw is the new Community Development Director.
Director Openshaw stated that she is excited and grateful for the opportunity.
10. PUBLIC COMMENT
Mark Sutherlin expressed concern with a fire hazard on the bike path located by Florida Street and 12th Street. He complained that a crew left behind weeds and shrubs that were cutback and will become a fire hazard if left to dry out.
Edward Brakmanis proposed an idea to plant macadamia trees in the City's parks to attract specific species of birds which would bring positivity to the City. He also proposed butterfly gardens be established on school and City property, bringing tourists to the City and stimulating the Imperial Beach economy.
Josie Hamada stated that the crosswalk announcement on Palm Avenue and 9th Street is low and difficult to hear, she also stated that it is not specific in telling you when to cross, it only says "cross." She also requested that an evaluation be done for the language for the crosswalks for single person crossing.
Rory Drizkel requested that the City Council agendize a dog beach in Imperial Beach.
He stated that the current dog park is not ideal, the wood chips are not good, and a tree prevents playing ball. He suggested the dog beach be located at the north side of Palm Avenue to between Imperial Beach and the City of Coronado.
11. PRESENTATIONS
11.a PROCLAMATION RECOGNIZING MAR VISTA HIGH SCHOOL GIRLS BASKETBALL TEAM. (0410-30)
There were no public comments.
Motion by Councilmember Fisher
Seconded by Mayor Pro Tem Leyba-Gonzalez
That the City Council approve the Proclamation.
AYES (5): Mayor Aguirre, Mayor Pro Tem Leyba-Gonzalez, Councilmember McKay, Councilmember Seabury, Councilmember Fisher
Motion Carried (5 to 0)
ATTACHMENT 1
4 Mayor Pro Tem Leyba-Gonzalez read the Proclamation.
Coach Cousins commented that the girls on the basketball team deserve all the credit and that he always emphasized to them teamwork and family.
The City Council commented that they were proud of the girls’ basketball team and that their drive gives them the potential to succeed in anything they do and that this was a historic day for the City and High School.
11.b HONORING MARCOS MORENO ON HIS RETIREMENT AND RECOGNIZING HIS DEDICATED SERVICE TO THE CITY OF IMPERIAL BEACH. (0410-30) There were no public comments.
Motion by Councilmember McKay
Seconded by Councilmember Seabury
That the City Council approve the Proclamation.
AYES (5): Mayor Aguirre, Mayor Pro Tem Leyba-Gonzalez, Councilmember McKay, Councilmember Seabury, Councilmember Fisher
Motion Carried (5 to 0)
Mayor Aguirre read the proclamation.
Marcos Moreno thanked everyone for recognizing his time with the city. He thanked his coworkers for supporting him and stated that he will miss them.
Public Works Director Juan Larios provided a few words about Marcos Moreno and his accomplishments with the City.
Mayor Pro Tem Leyba-Gonzalez stated that he appreciated the pride that Mr.
Moreno took in his work.
Councilmember Seabury stated that Mr. Moreno can do anything and loved the relationships he had with his co-workers.
Mayor Aguirre thanked Mr. Moreno for the many years he served for the City and complimented him on always having a smile on his face, and upbeat spirit.
12. CONSENT CALENDAR
There were no public comments.
Motion by Councilmember Fisher
Seconded by Mayor Pro Tem Leyba-Gonzalez
To approve Consent Calendar Item Nos. 12.a through 12.g.
ATTACHMENT 1
5 AYES (5): Mayor Aguirre, Mayor Pro Tem Leyba-Gonzalez, Councilmember McKay, Councilmember Seabury, Councilmember Fisher
Motion Carried (5 to 0)
12.a APPROVAL OF CITY COUNCIL MEETING MINUTES.
Approved the Regular Meeting Minutes of March 1, 2023 and the Special Meeting Minutes of March 7, 2023.
12.b RATIFICATION OF WARRANT REGISTER FOR THE PERIOD FROM FEBRUARY 18, 2023 TO MARCH 3, 2023. (0300-25)
Ratified and filed the Warrant Register Report.
12.c RECEIVE TREASURER’S REPORT FOR JANUARY 2023. (0300-90) Received and filed the January 2023 Treasurer's Report.
12.d 2022 GENERAL PLAN ANNUAL PROGRESS REPORT. (0620-95) Received the 2022 annual progress report.
12.e RESOLUTION 2023-15 CONTINUING THE PROCLAMATION OF A STATE OF
LOCAL EMERGENCY RELATING TO IMPACTS FROM CROSS-BORDER
POLLUTION IN THE TIJUANA RIVER. (0150-40 & 0210-26)
Adopted Resolution No. 2023-15 to maintain a state of local emergency related to the cross-border pollution impacts from the Tijuana River and authorized the City Manager, Mayor, and Councilmembers to work with local, State, Federal, and Mexican authorities to advance binational projects to improve conditions in the Tijuana River.
12.f RESOLUTION NO. 2023-14 ACCEPTING GRANT FUNDS IN THE AMOUNT OF $20,000 FROM THE NRPA YOUTH SPORTS EQUITY GRANT PROGRAM
AND IN-KIND DONATION FROM MUSCO LIGHTING FOR THE VETERANS MULTIPURPOSE TURF FIELD. (1020-20)
Adopted Resolution No. 2023-14 to accept and appropriate $20,000 in Youth Sports Equity Grant Program funds through NRPA funding and in-kind donation from Musco Lighting for the Veterans Park multipurpose field area and Parks, Recreation and Community Services Department youth sports program at Veterans Park. Authorize the City Manager or designee to execute an MOU.
12.g NOTIFICATION OF TRAVEL: MAYOR AGUIRRE WILL ATTEND THE CIVICWELL’S POLICYMAKERS CONFERENCE ON MARCH 16-19, 2023 IN PACIFIC GROVE, CA. THE ESTIMATED EXPENSE FOR TRAVEL AND MEALS IS $490. (0410-60)
ATTACHMENT 1
6 13. ORDINANCES/INTRODUCTION & FIRST READING
None.
14. PUBLIC HEARINGS
14.a RESOLUTION NO. 2023-16 APPROVING AN AMENDMENT TO THE CIRCULATION ELEMENT OF THE GENERAL PLAN AND 2023-17
APPROVING A COASTAL DEVELOPMENT PERMIT AND EXEMPTION TO CEQA GUIDELINES FOR THE 9TH STREET SAFETY IMPROVEMENT
PROJECT. (0620-40)
Mayor Aguirre and Councilmember Fisher announced they will be recusing themselves from this item due to the potential conflict of residing within 500 feet of this project and left the Council Chambers at 6:48 p.m.
Mayor Pro Tem Leyba-Gonzalez declared the public hearing open.
Councilmember McKay announced that he wanted to make the community aware that his residence is not within 500 feet of the project. However, he is within 1,000 feet of the project and this does not disqualify him from discussion on the item.
Public Works Director Juan Larios and Ryan Zellers, Project Manager, Civil Engineer, and Traffic Engineer with Michael Baker International gave a PowerPoint presentation.
Mayor Pro Tem Leyba-Gonzalez called a recess at 7:08 p.m. and called the meeting back to order at 7:10 p.m.
Public Comments:
Written comments from Sandra Brillhart and Jay Novak, were provided under Last Minute Information.
In-person comments:
Lynne Fischer spoke in support of the project.
Augustine Rojas stated that night safety should be considered as well as day safety on this project. He suggested installation of lighting on 9th Street. In addition, the exit at the shopping center should be fixed because semitrucks block the view of exiting cars. He also stated that idling cars, because of the traffic, will bring more carbon monoxide into the town. He requested that the project be reevaluated.
Josie Hamada thanked City staff for the notices that were sent out for this project. She expressed the importance of safety being first and that she is in support of the project.
ATTACHMENT 1
7 Brian Bilbray stated that he is in support of the project and that it should have been done in the past. He explained why a 15 mph roundabout would be more beneficial than a stop sign on 9th Street because it would reduce gas emissions.
Mayor Pro Tem Leyba-Gonzalez closed the Public Hearing.
Councilmember Seabury stated that she agreed with Congressman Bilbray to install a roundabout to help reduce greenhouse gas emissions and to stop drag racing on the south side of 9th Street install at least two speed humps.
Director Larios stated that staff can go back and reevaluate the area between Oneonta Avenue and Holly Avenue for potential speed reductions. He explained that the City will work with the Fire Department to confirm that there is enough street space to add speed humps and still meet regulations for the fire engines to get through because the width of the humps is relative to the fire engines.
In response to Mayor Pro Tem Leyba-Gonzalez, Director Larios responded that in the section where SDG&E is currently working, the street would get grinded and over laid with asphalt. He explained the different methods for repairing the streets. He stated that based on his evaluation most of the streets will need a grind and cap. With regards to the striping, thermal plastic will be used instead of painting. It is retroreflective and holds up better than paint. Paint is used on surfaces where thermal plastic does not stick well such as concrete.
Mayor Pro Tem Leyba-Gonzalez stated that roundabouts are costly. They are nice but will elevate the costs for this project substantially.
In response to Councilmember McKay, City Manager Foltz confirmed that the resolution can be modified to say staff will consider/provide speed bumps/humps south of Holly Ave. and north of Oneonta Ave., and prior to the Holly Ave. intersection, and to bring an update back to Council where they are applied; as well as staff will seek additional funding for roundabouts for the locations being discussed.
Motion by Councilmember McKay
Seconded by Councilmember Seabury
That the City Council:
1. Provide approval for the Project to move forward with final engineering; and
2. Adopt Resolution 2023-16 approving an amendment to the circulation element of the general plan (GPA 22-0005) to redesignate 9th Street from Calla Avenue to the South Street end of 9th Street to accommodate new bike lanes as identified in the City’s Bicycle Transportation Plan (June 2008); and
ATTACHMENT 1
8 3. Adopt Resolution 2023-17 approving a Coastal Development Permit (CP 22-0006) and categorical exemption pursuant to CEQA guidelines Section 15301 (Existing Facilities) and Section 15304 (Minor Alterations to Land) for enhancements to 9th Street to improve mobility, accessibility, landscaping, and water quality while addressing infrastructure deficiencies along 9th Street from Calla Avenue to the South Street end of 9th Street, along with the following modifications by adding:
Speed humps should be provided on the south end of 9th Street, south of Holly Avenue. The construction plans showing the location of the speed humps shall be presented to the City Council.
Staff is directed to seek funding for roundabouts at the 9th Street & Donax Avenue intersection and other areas within the City.
AYES (3): Mayor Pro Tem Leyba-Gonzalez, Councilmember McKay, and Councilmember Seabury
Conflict (2): Mayor Aguirre, and Councilmember Fisher
Motion Carried (3 to 0)
Mayor Pro Tem Leyba-Gonzalez called a recess at 7:38 p.m.
Mayor Aguirre and Councilmember Fisher returned to the Council Chambers at 7:39 p.m.
Mayor Aguirre called the meeting back to order at 7:39 p.m.
15. REPORTS
15.a REPORT ON THE TIJUANA RIVER VALLEY SEDIMENT MANAGEMENT WORK PLAN. (0180-95)
Environmental and Natural Resources Director Helmer gave a PowerPoint Presentation followed by a PowerPoint Presentation by Bryn Evans, Consultant with Dudek.
Public Comments:
Leon Benham stated that the work plan is deficient and lacks objectivity. He stated that it does not mention that in 1993 the river was split in two parts. This is important because the ability to carry sediment to the beach has been lost. He said the proposed work plan relies heavily on data from 2010. He mentioned other projects where similar things have happened. He further stated that because the study relies on beneficial reuse, it lacks the objective of a long term solution.
Brian Bilbray stated that it is the responsibility of the City of San Diego to handle south San Diego and not the responsibility of the City of Imperial Beach to handle
ATTACHMENT 1
9 this issue. He stated that because of urban run-off, trash is brought into the channel and hits the mature willow which backs up the damn causing destruction of habitat and private property and doesn’t allow the natural replenishment of the beaches.
In response to Councilmember Fisher’s question, Director Helmer stated that the rocks either sit there until they are moved to a new location, or they are repurposed. For example, the City has repurposed the rocks before for Boy Scout Projects around town. The sediment sits on the processing pad until State Parks have the money to move it elsewhere, often it is to a landfill. He stated that the cost to move the sediment and rocks is calculated by weight and distance.
The more trucks needed, and the longer distance of travel, will cause the move to be more expensive. He explained that part of this work plan is about cost savings and that beneficial reuse will help save the expenses used for moving the sediment and rocks. Director Helmer explained that not all the agencies agree, some are uncomfortable with a comprehensive valley wide permit in moving the material. Director Helmer stated that as projects move forward successfully, agencies will want to participate. He also explained that the public process can be slow and noted that this is a state and federal issue. To bring attention to and get action on the matter, he recommended that the City Council engage at a higher level with elected officials surrounding this topic. The City of Imperial Beach will be hosting a workshop, and other workshops will be held individually by other agencies. These events will bring in the state and federal leaders and allow the City to amplify their voice on these matters. Additionally, letters can be sent.
Councilmember Fisher commented that the collective voice of the community needs to be heard. He requested that there be a bigger social media presence revolving around the events that focus on this matter.
In response to Councilmember Seabury’s question, Director Helmer stated that the grand vision is to clean up and restore the entire river valley. He explained why agencies have not taken action on removing the debris and trash that is being stopped due to clogging. The clogged drain has been identified as on San Diego County property and they are responsible for that clog, however, until the issue of debris coming across the border is resolved, they will not focus on restoring the hydrology of the system.
In response to Councilmember McKay, Director Helmer explained that Imperial Beach can use the proposed work plan to convey that the City has been proactive and done more than their share. This work plan will be attached to every project, saving money and time because a new plan will not have to be established for each new project. He further stated that there needs to be the right incentives for Mexico to do the right thing and the right backups need to be in place on the US side to capture things in case of failure in Mexico.
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10 In response to Mayor Aguirre’s question, Director Helmer explained that the Tijuana River Valley Recovery Team was formed in 2009. At that time, trash and sediment were the biggest issues, similar to today. The County, the City, and other related entities were dealing with issues individually and not working together. There was not one agency that was responsible for the clean-up of the trash, and everyone turned to the Non-Governmental Organizations (NGO’s). It was the NGO’s who brought public activism on the matter saying this was not right. The State responded “either we will issue all these agencies a clean-up abatement order or the agencies can come together to create a plan to restore the river valley.”
Mayor Aguirre stated that perhaps it is time for the City to advocate for a cleanup and an abatement order. She suggested that with the new representation in the State legislature, Assemblymember Alvarez and Senator Padilla, the City can request for them to lead legislation on the issue.
16. I.B. REDEVELOPMENT AGENCY SUCCESSOR AGENCY REPORTS
None.
17. ITEMS PULLED FROM THE CONSENT CALENDAR
None.
18. CITY COUNCIL FUTURE AGENDA REQUESTS
Councilmember McKay requested approval to attend the Cal Cities Policy Conference in Sacramento. He mentioned that there are nearly 2,700 new bills that will be brought to the State Assembly with some that could affect the City.
Councilmember Seabury requested that City Manager Foltz send her petitions for speed bumps so that she can circulate them.
Mayor Aguirre requested that City Council revisit the issues of fishing on the pier and to invite a representative from the Port to provide an update.
In response to Mayor Pro Tem Leyba-Gonzalez's request about attending the Suncoast Farmers Market, City Manager Foltz confirmed that the Council will be informed prior to the market event about a table set-up for Council to do outreach.
19. ADJOURN REGULAR MEETING
Mayor Aguirre adjourned the Regular Meeting at 8:22 p.m.
Jacqueline M. Kelly, MMC
City Clerk
Paloma Aguirre
Mayor
ATTACHMENT 2
1 CITY OF IMPERIAL BEACH
CITY COUNCIL
SPECIAL MEETING MINUTES
February 16, 2023, 5:00 p.m.
Dempsey Holder Safety Center, Second Floor
950 Ocean Lane
Imperial Beach, CA 91932
Present: Mayor Aguirre, Mayor Pro Tem Leyba-Gonzalez, Councilmember McKay, Councilmember Seabury, Councilmember Fisher
Staff City Manager Hall, Chief Administrative Officer Cortez-Martinez, Deputy City Manager Foltz, City Attorney Lyon, City Clerk Kelly The City Council also sits as the Imperial Beach Planning Commission, Public Financing Authority, Housing Authority, And Imperial Beach Redevelopment Agency Successor Agency. _____________________________________________________________________
1. CALL TO ORDER
Mayor Aguirre called the Special Meeting to order at 5:00 p.m.
2. ROLL CALL
City Clerk Kelly took the roll.
3. COMMUNICATIONS FROM CITY STAFF
Deputy City Manager Foltz reviewed the agenda for the meeting.
4. PUBLIC COMMENT
There were no public comments.
5. DISCUSSION TOPICS
The Mayor and City Councilmembers provided general direction to staff on the topics listed below.
5.a PLANNING EFFORTS, PROJECTS AND FACILITIES.
Deputy City Manager Foltz gave a PowerPoint on the item. He gave an overview of the following items: General Plan/LCP process, the Community Resilience Plan, the Housing Element, parking (AB 2097), parking strategies in the Seacoast area, the Bigger Picture, facilities, the 9th Street project, the Palm Avenue Masterplan, and cannabis.
ATTACHMENT 2
2 5.b FINANCIAL OVERVIEW AND PERSONNEL DISCUSSION.
Chief Administrative Officer Cortez-Martinez gave a PowerPoint presentation on the item. She gave an overview of the General Fund FY 22/23 revenues and expenditures, the fund balances as of June 30, 2022, the FY 23/24 & FY 24/25 budget process, succession planning, and the organizational structure of each department.
5.c COUNCIL POLICIES AND PROCEDURES.
City Manager Hall gave a PowerPoint presentation on the item. He reviewed the keys to organizational success, the council-manager relationship, and keys to success as a councilmember.
Matthew Leyba-Gonzalez left the meeting at 7:30 p.m.
6. ADJOURN SPECIAL MEETING
Mayor Aguirre adjourned the Special Meeting at 8:30 p.m.
Jacqueline M. Kelly, MMC
City Clerk
Paloma Aguirre
Mayor
ATTACHMENT 3
1 CITY OF IMPERIAL BEACH
CITY COUNCIL
SPECIAL MEETING MINUTES
March 15, 2023, 5:00 p.m.
Community Room (Behind City Hall)
825 Imperial Beach Blvd.
Imperial Beach, CA 91932
Present: Councilmember Aguirre, Councilmember McKay, Councilmember Seabury, Mayor Pro Tem Fisher, Public Works Director Larios
Absent: Councilmember Leyba-Gonzalez
Staff Assistant City Attorney Lacy, City Clerk Kelly
The City Council also sits as the Imperial Beach Planning Commission, Public Financing Authority, Housing Authority, And Imperial Beach Redevelopment Agency Successor Agency. _____________________________________________________________________
1. CALL TO ORDER
Mayor Aguirre called the Special Meeting to order 5:00 p.m.
2. ROLL CALL
City Clerk Kelly took the roll.
3. PUBLIC COMMENT
There were no public comments.
4. ITEM FOR DISCUSSION
4.a INTERVIEW APPLICANT TO FILL A VACANCY ON THE TIDELANDS ADVISORY COMMITTEE. (0120-90)
The Mayor and Councilmembers conducted an interview to fill a vacancy on the Tidelands Advisory Committee.
5. ADJOURN SPECIAL MEETING
Mayor Aguirre adjourned the Special Meeting at 5:14 p.m.
Jacqueline M. Kelly, MMC,
City Clerk
Paloma Aguirre,
Mayor
ATTACHMENT 4
1 CITY OF IMPERIAL BEACH
CITY COUNCIL
SPECIAL MEETING MINUTES
March 29, 2023, 6:00 p.m.
Dempsey Holder Safety Center, Second Floor
950 Ocean Lane
Imperial Beach, CA 91932
Present: Councilmember Aguirre, Councilmember McKay, Councilmember Seabury, Councilmember Fisher
Absent: Mayor Pro Tem Leyba-Gonzalez
Staff City Manager Foltz, Chief Administrative Officer Cortez-Martinez, City Attorney Lyon, City Clerk Kelly, Environmental & Natural Resources Director Helmer
The City Council also sits as the Imperial Beach Planning Commission, Public Financing Authority, Housing Authority, And Imperial Beach Redevelopment Agency Successor Agency. _____________________________________________________________________
1. CALL TO ORDER
Mayor Aguirre called the Special Meeting to order at 6:01 p.m.
2. ROLL CALL
City Clerk Kelly took the roll.
3. PUBLIC COMMENT
The following people provided public comments: Eric Syverson, Leon Benham (submitted questions), Scott Stutzman, Baron Partlow, Brian Bilbray (additional time donated by Maria Stawarz).
4. PRESENTATIONS
4.a PRESENTATION BY US INTERNATIONAL BOUNDARY WATER COMMISSION (IBWC) ON
ROLES AND RESPONSIBILITIES AND UPDATE ON INTERNATIONAL WASTEWATER TREATMENT PLANT.
Morgan Rogers, Area Operations Manager for the IBWC, gave a PowerPoint presentation on the item.
ATTACHMENT 4
2 4.b PRESENTATION BY US ENVIRONMENTAL PROTECTION AGENCY ON THE
COMPREHENSIVE SOLUTION AND FUNDING TO ADDRESS TIJUANA RIVER POLLUTION.
Doug Liden, Environmental Engineer for the US EPA, gave a PowerPoint presentation on the item.
4.c PRESENTATION BY SCRIPPS INSTITUTION OF OCEANOGRAPHY ON THE SCIENCE OF
COASTAL TRANSPORT OF POLLUTION AT THE SAN DIEGO TIJUANA BORDER REGION.
Dr. Falk Feddersen, Professor and Dr. Kim Prather, Distinguished Professor in Atmospheric Chemistry with Scripps Institution of Oceanography, gave PowerPoint presentations on the item.
4.d PRESENTATION BY COUNTY OF SAN DIEGO DEPARTMENT OF ENVIRONMENTAL HEALTH AND QUALITY ON BEACH WATER TESTING AND METHODOLOGY.
Heather Buonomo, Division Director of Environmental Health, gave a PowerPoint presentation on the item.
City Council discussed having an emergency declaration pertaining to air quality and pollution from the Tijuana River.
5. ADJOURN SPECIAL MEETING
Mayor Aguirre adjourned the Special Meeting at 8:42 p.m.
Jacqueline M. Kelly, MMC,
City Clerk
Paloma Aguirre,
Mayor
P a g e | 1
April 19, 2023
ITEM TITLE: RATIFICATION OF WARRANT REGISTER FOR THE PERIOD FROM MARCH 25, 2023 TO APRIL 7, 2023. (0300-25)
ORIGINATING DEPARTMENT:
Finance
EXECUTIVE SUMMARY:
Staff is recommending that the City Council ratify the accompanying Warrant Register for the period from March 25, 2023 to April 7, 2023 in the amount of $1,255,683.08.
RECOMMENDATION:
Staff is requesting that the City Council ratify and file the Warrant Register Report.
OPTIONS:
Receive and file the report from the City Manager
Provide direction to the City Manager to take a specific action Request additional information and an additional report BACKGROUND/ANALYSIS:
The City of Imperial Beach issues accounts payable and payroll disbursements on a regular basis and presents it to the City Council for ratification at its next regular scheduled meeting. The attached Warrant Register containing checks and electronic funds transfers for the period from March 25, 2023 to April 7, 2023 in the amount of $1,255,683.08 is being presented for ratification by the City Council. Payments have been reviewed and approved by the appropriate department staff. The Finance Director or designee certifies the accuracy of the attached register and the availability of funds for payment.
Warrants above $100,000 have been highlighted and explained in the table below:
VENDOR CHECK DESCRIPTION AMOUNT
SD COUNTY SHERIFF CK100857 FEB 2023 SHERIFF
SERVICES
675,129.90
P a g e | 2
The following registers are submitted for Council ratification:
Accounts Payable:
DATE CHECK NUMBER AMOUNT(S)
3/30/2023 CK100802-CK100830 110,897.06
4/6/2023 CK100831-CK100862 751,955.69
Sub-Total $ 862,852.75
DATE EFT/DRAFT NUMBER AMOUNT(S)
3/27/2023 DFT0006449 25.00
3/30/2023 DFT0006494 150.00
3/31/2023 DFT0006440 5,000.00
4/3/2023 DFT0006457-60; DFT0006462-75 54,951.62
4/4/2023 DFT0006446-48; DFT0006461; DFT0006479-82;
DFT0006484
102,562.63
Sub-Total $ 162,689.25
Total reflected in the attached Expense Approval Report: $ 1,025,542.00 Check Reversals/Voids:
DATE CHECK/EFT NUMBER AMOUNT(S)
3/27/2023 CK99608 (200.00)
3/29/2023 CK98327 (17.00)
Sub-Total ($ 217.00)
Payroll Checks/Direct Deposits:
DATE CHECK/EFT NUMBER AMOUNT(S)
3/16/2023 CK48904-07; EFT0000129-130 230,358.08
Sub-Total $ 230,358.08
TOTAL: $ 1,255,683.08
ENVIRONMENTAL DETERMINATION:
Not a project as defined by CEQA.
FISCAL ANALYSIS:
Warrants are issued from budgeted funds and there is no additional impact on reserves.
ATTACHMENTS:
ATT 1 - Expense Approval Report 03.25.2023-04.07.2023
4/10/2023 1:26:12 PM Page 1 of 7
Expense Approval Report
Imperial Beach, CA By (None)
Payment Dates 3/25/2023 - 4/7/2023
Payment Date Payment Number Vendor Name Description (Item) Payable Number Account Number Purchase Order Number Amount 03/30/2023 100803 AEP-CALIFORNIA, LLC OUTFIT 2022 TOYOTA TACOM… INV0030284 101-3030-423.5007 230118 18,727.92 03/30/2023 100804 AGRICULTURAL PEST CONTROL 03/16/2023 BIRD ABATEMENT …684583 101-6040-454.2022 230013 500.00 03/30/2023 100805 BRIZO, INC CCTV/ACCESS CONTROL SERV… 23-0435 101-3030-423.2006 3,940.90 03/30/2023 100806 CALWEN INC. REPLACEMENT OF WORN/BR… 131268 101-3030-423.3002 381.80 03/30/2023 100807 CHLOE O'KEEFE JUNIOR LIFEGUARD CAPTAIN S…07/19/2022 101-3035-423.2808 200.00 03/30/2023 100808 CHRISTOPHER HELMER TRANSPORTATION FOR CLIMA… 03-27-2023 101-5050-435.2901 23.91 03/30/2023 100808 CHRISTOPHER HELMER TRANSPORTATION FOR CLIMA… 03-27-2023 101-5050-435.2901 13.97 03/30/2023 100809 COLANTUONO, HIGHSMITH &… 2022 OCT SDCOE CONSORTIU… 53806 101-1220-413.2001 54.00 03/30/2023 100810 COUNTY OF SAN DIEGO RCS FEB 2023 - SH RADIOS 23CTOFIBN08 101-3010-421.2125 230262 1,254.00 03/30/2023 100810 COUNTY OF SAN DIEGO RCS FEB 2023 - FD RADIOS 23CTOFIBN08 101-3020-422.2125 230262 598.50 03/30/2023 100810 COUNTY OF SAN DIEGO RCS FEB 2023 - LG RADIOS 23CTOFIBN08 101-3030-423.2125 230262 912.00 03/30/2023 100811 COX COMMUNICATIONS 01/09/23-02/08/23 1075 8TH … 01-10-2023 0302 503-1923-419.2104 100.00 03/30/2023 100811 COX COMMUNICATIONS 02/09/23-03/08/23 1075 8TH … 02-10-2023 0302 503-1923-419.2104 100.00 03/30/2023 100811 COX COMMUNICATIONS 03/09/23-04/08/23 1075 8TH … 03-10-2023 0302 503-1923-419.2104 100.00 03/30/2023 100811 COX COMMUNICATIONS 03/22/23-04/21/23 495 10TH … 03-22-2023 1956 503-1923-419.2104 241.45 03/30/2023 100812 CRYSTAL CELIS, PETTY CASH C… 02/07/23 COFFEE FOR 9TH ST… 03-23-2023 101-5020-432.2804 40.00 03/30/2023 100812 CRYSTAL CELIS, PETTY CASH C… 02/14/23 CERTIFIED MAIL - C … 03-23-2023 101-5020-432.2809 4.78 03/30/2023 100812 CRYSTAL CELIS, PETTY CASH C… 03/23/23 RETIREMENT PARTY …03-23-2023 101-5020-432.2902 63.29 03/30/2023 100812 CRYSTAL CELIS, PETTY CASH C… 11/22/22 PLATES - C. CELIS 03-23-2023 101-5020-432.2902 9.33 03/30/2023 100812 CRYSTAL CELIS, PETTY CASH C… 12/08/22 EMPLOYEE APPRECI… 03-23-2023 101-5020-432.2902 30.96 03/30/2023 100812 CRYSTAL CELIS, PETTY CASH C… 11/09/22 BAGELS FOR PW - C … 03-23-2023 101-5020-432.2902 45.01 03/30/2023 100812 CRYSTAL CELIS, PETTY CASH C… 10/31/22 SODA FOR EMPLOYE…03-23-2023 101-5020-432.2902 29.36 03/30/2023 100812 CRYSTAL CELIS, PETTY CASH C… 12/13/22 EMPLOYEE APPRECI… 03-23-2023 101-5020-432.2902 24.44 03/30/2023 100813 CSMFO 2023 CSMFO MEMBERSHIP - E… 01012023 101-1110-412.2812 230245 125.00 03/30/2023 100813 CSMFO CSMFO PROF MEMBERSHIP - P…300011998 101-1210-413.2812 50.00 03/30/2023 100814 GARTH LARSON TUITION REIMB (2 CLASSES) - … 03-23-2023 101-1130-412.2901 2,498.00 03/30/2023 100815 GLADWELL GOVERNMENTAL S…01/7/23-3/12/23 LASERFICHE … 5157 101-1020-411.2006 250.00 03/30/2023 100816 LISA M CAPANO RESTORE MURAL - 13TH ST A… 03/23/2023 101-1110-412.2104 230253 500.00 03/30/2023 100817 MAINTEX, INC. SHOWER CURTAINS (4) 1024621-01 101-1910-419.3002 230252 132.92 03/30/2023 100817 MAINTEX, INC. SHOWER CURTAINS (4) 1024621-01 101-6020-452.3002 230252 79.76 03/30/2023 100818 MCDOUGAL LOVE BOEHMER … FEB 2023 - LITIGATION 103928 502-1922-419.2001 17,253.90 03/30/2023 100818 MCDOUGAL LOVE BOEHMER … FEB 2023 - CLAIM 103929 502-1922-419.2001 2,541.00 03/30/2023 100818 MCDOUGAL LOVE BOEHMER … FEB 2023 - LITIGATION 103930 502-1922-419.2001 726.00 03/30/2023 100818 MCDOUGAL LOVE BOEHMER … FEB 2023 - CODE ENFORCEME… 104040 101-1220-413.2001 114.05 03/30/2023 100818 MCDOUGAL LOVE BOEHMER … FEB 2023 - SPECIAL PROJECTS 104041 101-1220-413.2001 2,442.00 03/30/2023 100818 MCDOUGAL LOVE BOEHMER … FEB 2023 - MONTHLY RETAINER 104042 101-1220-413.2002 11,000.00 03/30/2023 100818 MCDOUGAL LOVE BOEHMER … FEB 2023 - PERSONEL 104043 502-1922-419.2001 478.50 03/30/2023 100818 MCDOUGAL LOVE BOEHMER … FEB 2023 - LITIGATION 104044 502-1922-419.2001 313.50 ATTACHMENT 1
Expense Approval Report Payment Dates: 3/25/2023 - 4/7/2023 4/10/2023 1:26:12 PM Page 2 of 7
Payment Date Payment Number Vendor Name Description (Item) Payable Number Account Number Purchase Order Number Amount 03/30/2023 100818 MCDOUGAL LOVE BOEHMER … FEB 2023 - COVID-19 104045 101-1220-413.2001 82.50 03/30/2023 100818 MCDOUGAL LOVE BOEHMER … FEB 2023 - DEVELOPMENT 104046 101-0000-221.0102 1,277.31 03/30/2023 100819 NANCY K BOHL, INC OCT 2022 EMPLOYEE SUPPORT…84080 101-3020-422.2006 230123 220.00 03/30/2023 100819 NANCY K BOHL, INC FEB 2023 EMPLOYEE SUPPORT…85566 101-3020-422.2006 230123 330.00 03/30/2023 100820 ODP BUSINESS SOLUTIONS, LL… BUSINESS CARDS LEYBA-GONZ…292003474001 101-1010-411.3002 52.58 03/30/2023 100820 ODP BUSINESS SOLUTIONS, LL… BATTERIES, POST-ITS, CALCUL… 300340045001 101-1210-413.3001 126.92 03/30/2023 100820 ODP BUSINESS SOLUTIONS, LL… GEL PENS 1 DZ/BX - ADMIN S… 300414523001 101-1210-413.3001 8.00 03/30/2023 100820 ODP BUSINESS SOLUTIONS, LL… PLOTTER PRINT HEAD - PW 301702437001 101-5020-432.3001 342.94 03/30/2023 100821 PRIDE INDUSTRIES JAN 2023 LABOR 234 HRS - BE… ARI/21261200 101-6040-454.2104 230008 5,031.00 03/30/2023 100822 READYREFRESH 01/25/23-02/24/23 DISPENSER…03B0034479279 101-1010-411.3002 39.26 03/30/2023 100823 SIGNAL HILL AUTO ENTERPRIS… MULTIFOLD TOWELS (2 CS), C… 037043 101-6040-454.3002 462.95 03/30/2023 100824 SITEONE LANDSCAPE SUPPLY, … DUCT TAPE (2), REACHING TO… 127625864-001 101-6040-454.3002 230006 92.28 03/30/2023 100824 SITEONE LANDSCAPE SUPPLY, … DUCT TAPE (2), REACHING TO… 127625864-001 101-6040-454.3002 85.77 03/30/2023 100825 STATE CONTROLLER FY21-22 ANNUAL STREET REP… FAUD-00003643 101-1210-413.2006 2,052.96 03/30/2023 100826 U.S. BANK CORPORATE PAYM… FEB-MAR 2023 P-CARD CHARG…03222023 101-1210-413.2102 32,673.41 03/30/2023 100827 VERIZON BUSINESS SERVICES 2023 FEB USAGE SV202863 LIF…72517710 503-1923-419.2704 123.56 03/30/2023 100827 VERIZON BUSINESS SERVICES 2023 FEB USAGE SV202861 CI… 72518819 503-1923-419.2704 696.73 03/30/2023 100827 VERIZON BUSINESS SERVICES 2023 FEB USAGE SV202864 P… 72519575 503-1923-419.2704 187.02 03/30/2023 100827 VERIZON BUSINESS SERVICES 2023 FEB USAGE SV202862 FI… 72520044 503-1923-419.2704 117.16 03/30/2023 100828 VERIZON WIRELESS 02/20/23-03/19/23 SIM CARDS…9930534863 101-3020-422.2705 111.14 03/30/2023 100829 VINYARD DOORS, INC. 03/14/23 ROLL UP DOOR SERV…106659-2 101-1910-419.2104 230250 460.00 03/30/2023 100829 VINYARD DOORS, INC. 02/23/23 ROLL UP DOOR REPA…106890 101-1910-419.2104 230250 347.00 03/30/2023 100830 WAXIE SANITARY SUPPLY WAXIE 764 LEMON QUAT (1CS)…81552305 101-6040-454.3002 230011 76.32 04/06/2023 100832 ASUME ADMINISTRATOR ORDER D AL2004-1730 CASE 0… 03-16-2023 101-0000-209.0107 64.80 04/06/2023 100833 AZTEC LANDSCAPING INC MAR 2023 SR75 MEDIAN/PAL… L2687 101-5010-431.2104 230143 8,119.24 04/06/2023 100833 AZTEC LANDSCAPING INC MAR 2023 STORM DRAINS MA…L2688 601-5060-436.2801 230067 2,860.80 04/06/2023 100834 CALIFORNIA AMERICAN WATER IB CLEANUP TRUCK 02/07/23-… 1015-210020125977 03/20/23 101-6020-452.2702 46.14 04/06/2023 100835 CESAR CAMACHO REIMBURSEMENT FOR DOUBL… INV-00010067 101-0000-321.7210 53.00 04/06/2023 100835 CESAR CAMACHO REIMBURSEMENT FOR DOUBL… INV-00010067 101-0000-371.8309 4.00 04/06/2023 100836 CINTAS CORPORATION 03/28/23 FACILITIES MATS 4150746605 101-1910-419.2006 230042 37.34 04/06/2023 100836 CINTAS CORPORATION 03/28/23 PW UNIFORMS 4150746865 101-5020-432.2503 230040 276.63 04/06/2023 100837 COAR DESIGN GROUP ARCHITECTURAL SCVS - SPORT…21638 214-5000-532.2006 230243 8,250.00 04/06/2023 100838 COUNTY OF SAN DIEGO EXEMPT FEE USE-22-0113 - 80… 04042023 USE-22-0113 101-0000-221.0102 50.00 04/06/2023 100839 COUNTY OF SAN DIEGO RCS MAR 2023 - SHERIFF RADIOS 23CTOFIBN09 101-3010-421.2125 230262 1,254.00 04/06/2023 100839 COUNTY OF SAN DIEGO RCS MAR 2023 - FIRE RADIOS 23CTOFIBN09 101-3020-422.2125 230262 598.50 04/06/2023 100839 COUNTY OF SAN DIEGO RCS MAR 2023 - LG RADIOS 23CTOFIBN09 101-3030-423.2125 230262 912.00 04/06/2023 100840 CSMFO CSMFO PROF MEMBERSHIP - C…300012015 101-1210-413.2812 50.00 04/06/2023 100841 DUDEK 01/28/23-02/28/23 SEDIMENT…202301641 101-5050-435.2006 210218-R2 2,612.50 04/06/2023 100842 EL TAPATIO INC 04/05/23 COUNCIL MTNG - CI… 04052023 101-1010-411.2804 279.70 04/06/2023 100843 ERIKA N. CORTEZ REIMBURSEMENT - DRINKS FO…8424 101-1110-412.2804 21.65 04/06/2023 100844 FLYERS ENERGY LLC 03/16/23 - 900 FUEL, 214 DSL 23-778868 501-1921-419.2815 4,634.26 04/06/2023 100844 FLYERS ENERGY LLC 03/24/23 - 1000 GAS, 60 DSL 23-785330 501-1921-419.2815 4,413.48 04/06/2023 100845 GRAINGER PARKS TRU CUT ENGINE 9650912703 501-1921-419.2816 457.80 04/06/2023 100845 GRAINGER LANDMOWER PARK ENGINE 9651095946 501-1921-419.2816 478.35
Expense Approval Report Payment Dates: 3/25/2023 - 4/7/2023 4/10/2023 1:26:12 PM Page 3 of 7
Payment Date Payment Number Vendor Name Description (Item) Payable Number Account Number Purchase Order Number Amount 04/06/2023 100846 HINDERLITER, DE LLAMAS & A… Q3/2022 (JAN-MAR 2023) - SA… SIN026469 101-1210-413.2006 58.01 04/06/2023 100846 HINDERLITER, DE LLAMAS & A… Q3/2022 (JAN-MAR 2023) - SA… SIN026469 101-1210-413.2006 1,050.00 04/06/2023 100847 JOHN OLSEN REIMBURSEMENT - FIRE INST… 04-04-2023 101-1130-412.2901 400.00 04/06/2023 100848 JORGE MARTINEZ REIMBURSEMENT - FIRE INST… 04-04-2023 101-1130-412.2901 800.00 04/06/2023 100849 KIMLEY-HORN AND ASSOCIAT… JAN 2023 VET PARK/SENIOR C… 23928921 214-5000-532.2006 230203 11,022.29 04/06/2023 100849 KIMLEY-HORN AND ASSOCIAT… JAN 2023 VET PARK/SENIOR C… 24201963 214-5000-532.2006 230203 2,701.84 04/06/2023 100849 KIMLEY-HORN AND ASSOCIAT… FEB 2023 SPORTS PARK RESTR… 24362757 420-6020-552.2006 230235 7,852.21 04/06/2023 100850 LIFE-ASSIST,INC. TRANSPORTABLE SHARPS CON…1287639 101-6010-451.3002 90.59 04/06/2023 100851 MICHAEL BAKER INTERNATIO… FEB 2023 9TH ST IMPROVEME… 1174953 202-5016-531.2006 220259-R1 481.29 04/06/2023 100851 MICHAEL BAKER INTERNATIO… FEB 2023 9TH ST IMPROVEME… 1174953 214-5000-532.2006 220259-R1 9,608.71 04/06/2023 100852 MISSION COMMUNICATIONS, …03/01/23-02/29/24 SRVC PAC… 1073505 601-5060-436.2023 563.40 04/06/2023 100852 MISSION COMMUNICATIONS, …04/01/23-03/31-24 SRVC PAC… 1074393 601-5060-436.2023 563.40 04/06/2023 100853 MOTOROLA SPARE BATTERIES (4) - PARKS … 8281568632 101-6010-451.3002 462.45 04/06/2023 100854 NEXT DAY PRINTED TEES SWEATSHIRTS & LOGO (5) - PA…88358 101-6010-451.2503 146.32 04/06/2023 100855 PROTECTION ONE ALARM MO… MAR 2023 - PUMP STATIONS … 149474366 601-5060-436.2023 230054 391.50 04/06/2023 100856 QWIK PRINTS MAR 2023 PRE-EMPLOYMENT …23931234 101-1130-412.2006 125.00 04/06/2023 100857 SAN DIEGO COUNTY SHERIFF FEB 2023 SHERIFF SRVCS - TO… 02-01-2023 101-0000-338.6003 -1,106.91 04/06/2023 100857 SAN DIEGO COUNTY SHERIFF FEB 2023 SHERIFF SRVCS 02-01-2023 101-3010-421.2006 658,943.73 04/06/2023 100857 SAN DIEGO COUNTY SHERIFF FEB 2023 SHERIFF SRVCS - CSO 02-01-2023 212-3036-421.2006 15,957.33 04/06/2023 100857 SAN DIEGO COUNTY SHERIFF FEB 2023 SHERIFF SRVCS - RRP 02-01-2023 212-3036-421.2006 1,335.75 04/06/2023 100858 SANDRA S. RAMEY MAR 2023 - DEAD ANIMAL RE… 0402231229 101-3050-425.2006 230052 347.00 04/06/2023 100859 SPARKLETTS 03/13/23, 03/27/23 WATER D… 12529930 033123 101-3020-422.3002 288.27 04/06/2023 100859 SPARKLETTS 03/01/23, 03/07/23, 03/21/23…22581104 032323 101-5020-432.3002 230061 197.26 04/06/2023 100860 US MOBILE WIRELESS COMM… RADIO INSTALLATION - FD ENG…INV767736 101-3020-422.2104 971.75 04/06/2023 100861 VIRTUAL PROJECT MANAGER, … MAR 2023 SOFTWARE SYS. M… 12-3519 601-5060-536.2006 500.00 04/06/2023 100862 ADVANCED IMAGING SOLUTI… 02/20/23-03/19/23 - COPIER L…33721402-B 101-1920-419.2017 2,730.31 03/31/2023 DFT0006440 COMPUTERSHARE TRUST CO… TARS 2022 ADMINISTRATION … 2193748 303-1250-413.2904 2,500.00 03/31/2023 DFT0006440 COMPUTERSHARE TRUST CO… 2020 TARS ADMINISTRATION … 2194723 303-1250-413.2904 2,500.00 04/04/2023 DFT0006446 AFLAC AFLAC POST-TAX Mar 2023 EFT 162055 101-0000-209.0113 121.68 04/04/2023 DFT0006447 AFLAC AFLAC PRE-TAX Mar 2023 EFT 162055 (2) 101-0000-209.0113 594.75 04/04/2023 DFT0006448 CALIFORNIA STATE DISBURSE… SDU CHILD SUPPORT PPE 03/2… 43557603 101-0000-209.0107 551.80 03/27/2023 DFT0006449 COLONIAL LIFE & ACCIDENT COLONIAL PRE-TAX Mar 2023 … 94981140302474 101-0000-209.0113 25.00 04/03/2023 DFT0006457 CALPERS LG L2 23011 EE PPE 03/23/23 100000017075750 EE 101-0000-209.0106 402.16 04/03/2023 DFT0006458 CALPERS LG L2 23011 ER PPE 03/23/23 100000017075750 ER 101-0000-209.0106 444.87 04/03/2023 DFT0006459 CALPERS MISC L2 23012 EE PPE 03/23/… 100000017075802 EE 101-0000-209.0106 1,628.69 04/03/2023 DFT0006460 CALPERS MISC L2 23012 ER PPE 03/23/… 100000017075802 ER 101-0000-209.0106 1,720.83 04/04/2023 DFT0006461 CALPERS FIRE PEPRA 25375 EE PPE 03/2…100000017075830 EE 101-0000-209.0106 3,506.26 04/03/2023 DFT0006462 CALPERS FIRE PEPRA 25375 ER PPE 03/… 100000017075830 ER 101-0000-209.0106 3,446.90 04/03/2023 DFT0006463 CALPERS LG PEPRA 25376 EE PPE 03/23… 100000017075872 EE 101-0000-209.0106 1,620.17 04/03/2023 DFT0006464 CALPERS LG PEPRA 25376 ER PPE 03/23… 100000017075872 ER 101-0000-209.0106 1,592.75 04/03/2023 DFT0006465 CALPERS MISC PEPRA 26352 EE PPE 03/… 100000017075907 EE 101-0000-209.0106 8,164.45 04/03/2023 DFT0006466 CALPERS MISC PEPRA 26352 ER PPE 03/…100000017075907 ER 101-0000-209.0106 9,035.35 04/03/2023 DFT0006467 CALPERS FIRE L1 4625 EE PPE 03/23/23 100000017075667 EE 101-0000-209.0106 3,627.63 04/03/2023 DFT0006468 CALPERS FIRE L1 4625 ER PPE 03/23/23 100000017075667 ER 101-0000-209.0106 3,901.20
Expense Approval Report Payment Dates: 3/25/2023 - 4/7/2023 4/10/2023 1:26:12 PM Page 4 of 7
Payment Date Payment Number Vendor Name Description (Item) Payable Number Account Number Purchase Order Number Amount 04/03/2023 DFT0006469 CALPERS LG L1 4626 EE PPE 03/23/23 100000017075711 EE 101-0000-209.0106 1,045.45 04/03/2023 DFT0006470 CALPERS LG L1 4626 ER PPE 03/23/23 100000017075711 ER 101-0000-209.0106 1,160.14 04/03/2023 DFT0006471 CALPERS MISC L1 470 EE PPE 03/23/23 100000017075626 EE 101-0000-209.0106 8,039.18 04/03/2023 DFT0006472 CALPERS MISC L1 470 ER PPE 03/23/23 100000017075626 ER 101-0000-209.0106 8,359.28 04/03/2023 DFT0006473 CALPERS SCP ARSC POST-TAX PPE 03/23…PPE 03/23/23 ARSCT 101-0000-209.0106 180.63 04/03/2023 DFT0006474 CALPERS SCP SPM PRE-TAX PPE 03/23/… PPE 03/23/23 SPMTD 101-0000-209.0106 186.63 04/03/2023 DFT0006475 CALPERS PERS SCP SPM TAXED PPE 03/… 03/23/23 SPMT 101-0000-209.0106 395.31 04/04/2023 DFT0006479 STATE OF CALIFORNIA STATE TAX W/H PPE 03/23/23 …7038477 101-0000-209.0105 1,522.27 04/04/2023 DFT0006479 STATE OF CALIFORNIA STATE TAX W/H PPE 03/23/23 7038477 101-0000-209.0105 10,915.98 04/04/2023 DFT0006480 STATE OF CALIFORNIA SDI W/H PPE 03/23/23 7038598 101-0000-209.0115 230.64 04/04/2023 DFT0006481 INTERNAL REVENUE SERVICE FED TAX W/H PPE 03/23/23 81004947 FED 101-0000-209.0102 29,087.85 04/04/2023 DFT0006481 INTERNAL REVENUE SERVICE FED TAX W/H PPE 03/23/23 F… 81004947 FED 101-0000-209.0102 5,074.22 04/04/2023 DFT0006482 INTERNAL REVENUE SERVICE MEDICARE W/H PPE 03/23/23 81004947 MED 101-0000-209.0104 9,511.90 04/04/2023 DFT0006482 INTERNAL REVENUE SERVICE MEDICARE W/H PPE 03/23/23 …81004947 MED 101-0000-209.0104 668.88 04/04/2023 DFT0006484 INTERNAL REVENUE SERVICE SOCIAL SECURITY PPE 03/23/2… 81004947 SS 101-0000-209.0104 2,860.02 04/04/2023 DFT0006484 INTERNAL REVENUE SERVICE SOCIAL SECURITY PPE 03/23/23 81004947 SS 101-0000-209.0104 37,916.38 03/30/2023 DFT0006494 MIDAMERICA ADMINISTRATIV…CY2022 Q4 FSA JOURNEY ONLY…0201113 101-1210-413.2904 150.00 Grand Total: 1,025,542.00
Expense Approval Report Payment Dates: 3/25/2023 - 4/7/2023 4/10/2023 1:26:12 PM Page 5 of 7
Report Summary
Fund Summary
Fund Payment Amount
101 - GENERAL FUND 925,490.77
202 - PROP "A" (TRANSNET) FUND 481.29
212 - SLESF (COPS) FUND 17,293.08
214 - MISCELLANEOUS GRANTS 31,582.84
303 - REDEV OBLIG RETIRE FUND 5,000.00
420 - PARKS MAJOR MAINTENAN CIP 7,852.21
501 - VEHICLE REPLACEMENT/MAINT 9,983.89
502 - RISK MANAGEMENT FUND 21,312.90
503 - TECHNOLOGY/COMMUNICATIONS 1,665.92
601 - SEWER ENTERPRISE FUND 4,879.10
Grand Total: 1,025,542.00
Account Summary
Account Number Account Name Payment Amount
101-0000-209.0102 P/R FIT PAYABLE 34,162.07
101-0000-209.0104 P/R FICA PAYABLE 50,957.18
101-0000-209.0105 P/R STATE TAX LIABILITIES 12,438.25
101-0000-209.0106 P/R PERS RETIREMENT PA… 58,457.88
101-0000-209.0107 P/R GARNISHMENT PAYA… 616.60
101-0000-209.0113 P/R VOLUNTARY LIFE INS… 741.43
101-0000-209.0115 P/R STD-PART-TIME 230.64
101-0000-221.0102 DEVELOPER DEPOSITS 1,327.31
101-0000-321.7210 BUSINESS LICENSE 53.00
101-0000-338.6003 VEHICLE IMPOUND FEE -1,106.91
101-0000-371.8309 SB 1186 DISABILITY ACCE… 4.00
101-1010-411.2804 TRAVEL, TRAINING, MEET… 279.70
101-1010-411.3002 OPERATING SUPPLIES 91.84
101-1020-411.2006 PROFESSIONAL SERVICES 250.00
101-1110-412.2104 TECHNICAL SERVICES 500.00
101-1110-412.2804 TRAVEL, TRAINING, MEET… 21.65
101-1110-412.2812 MEMBERSHIP DUES 125.00
101-1130-412.2006 PROFESSIONAL SERVICES 125.00
101-1130-412.2901 TRAINING & EDUCATION… 3,698.00
101-1210-413.2006 PROFESSIONAL SERVICES 3,160.97
101-1210-413.2102 ADMINISTRATION CHARG… 32,673.41
101-1210-413.2812 MEMBERSHIP DUES 100.00
101-1210-413.2904 OTHER SERVICES & CHAR… 150.00
101-1210-413.3001 OFFICE SUPPLIES 134.92
101-1220-413.2001 ATTORNEY SERVICES 2,692.55
101-1220-413.2002 ATTORNEY SERVICES-OTH… 11,000.00
Expense Approval Report Payment Dates: 3/25/2023 - 4/7/2023 4/10/2023 1:26:12 PM Page 6 of 7
Account Summary
Account Number Account Name Payment Amount
101-1910-419.2006 PROFESSIONAL SERVICES 37.34
101-1910-419.2104 TECHNICAL SERVICES 807.00
101-1910-419.3002 OPERATING SUPPLIES 132.92
101-1920-419.2017 COPIER LEASES 2,730.31
101-3010-421.2006 PROFESSIONAL SERVICES 658,943.73
101-3010-421.2125 RCS PROGRAM 2,508.00
101-3020-422.2006 PROFESSIONAL SERVICES 550.00
101-3020-422.2104 TECHNICAL SERVICES 971.75
101-3020-422.2125 RCS PROGRAM 1,197.00
101-3020-422.2705 UTILITIES-CELL PHONES 111.14
101-3020-422.3002 OPERATING SUPPLIES 288.27
101-3030-423.2006 PROFESSIONAL SERVICES 3,940.90
101-3030-423.2125 RCS PROGRAM 1,824.00
101-3030-423.3002 OPERATING SUPPLIES 381.80
101-3030-423.5007 PORT EQUIPMENT - REIM… 18,727.92
101-3035-423.2808 COMMUNITY PROGRAMS 200.00
101-3050-425.2006 PROFESSIONAL SERVICES 347.00
101-5010-431.2104 TECHNICAL SERVICES 8,119.24
101-5020-432.2503 RENT-UNIFORMS 276.63
101-5020-432.2804 TRAVEL, TRAINING, MEET… 40.00
101-5020-432.2809 POSTAGE & FREIGHT 4.78
101-5020-432.2902 EMPLOYEE RECOGNITION… 202.39
101-5020-432.3001 OFFICE SUPPLIES 342.94
101-5020-432.3002 OPERATING SUPPLIES 197.26
101-5050-435.2006 PROFESSIONAL SERVICES 2,612.50
101-5050-435.2901 TRAINING & EDUCATION… 37.88
101-6010-451.2503 RENT-UNIFORMS 146.32
101-6010-451.3002 OPERATING SUPPLIES 553.04
101-6020-452.2702 UTILITIES-WATER 46.14
101-6020-452.3002 OPERATING SUPPLIES 79.76
101-6040-454.2022 PEST CONTROL SERVICE 500.00
101-6040-454.2104 TECHNICAL SERVICES 5,031.00
101-6040-454.3002 OPERATING SUPPLIES 717.32
202-5016-531.2006 PROFESSIONAL SERVICES 481.29
212-3036-421.2006 PROFESSIONAL SERVICES 17,293.08
214-5000-532.2006 PROFESSIONAL SERVICES 31,582.84
303-1250-413.2904 OTHER SERVICES & CHAR… 5,000.00
420-6020-552.2006 PROFESSIONAL SERVICES 7,852.21
501-1921-419.2815 VEHICLE OPERATE-FUEL/O… 9,047.74
501-1921-419.2816 VEHICLE OPERATE-PARTS… 936.15
502-1922-419.2001 ATTORNEY SERVICES 21,312.90
503-1923-419.2104 TECHNICAL SERVICES 541.45
Expense Approval Report Payment Dates: 3/25/2023 - 4/7/2023 4/10/2023 1:26:12 PM Page 7 of 7
Account Summary
Account Number Account Name Payment Amount
503-1923-419.2704 UTILITIES-TELEPHONE 1,124.47
601-5060-436.2023 SECURITY & ALARM 1,518.30
601-5060-436.2801 MAINTENANCE & REPAIR 2,860.80
601-5060-536.2006 PROFESSIONAL SERVICES 500.00
Grand Total: 1,025,542.00
Project Account Summary
Project Account Key Payment Amount
**None** 936,980.48
22-0077-DEP 1,277.31
22-0113-DEP 50.00
EDU578-REIM 2,498.00
LWC002-P 114.05
LWC146-P 2,442.00
LWC259-P 478.50
LWC337-P 313.50
LWC356-P 17,253.90
LWC359-P 2,541.00
P23101-D 7,852.21
S22101-ENG 9,608.71
S22101-TRANSNET 481.29
SP1406-REV 4.00
SP2104-P 2,612.50
SP2108-P 332.50
SP22101-SPORT 8,250.00
SP22101-SR 13,724.13
SP23101-EXP 18,727.92
Grand Total: 1,025,542.00
P a g e | 1
April 19, 2023
ITEM TITLE: RESOLUTION NO. 2023-31 ALLOCATING FUNDS FOR THE REAMA PARK ENHANCEMENT PROJECT P23103. (0920-30)
ORIGINATING DEPARTMENT:
Public Works
EXECUTIVE SUMMARY:
Resolution No. 2023-31 will approve and allocate $26,000 in funding for the Reama Park Hardscape Project (P23103) to complete construction of various enhancements, including demolition and replacement of the existing concrete pad in the picnic area and installation of new site furnishings.
RECOMMENDATION:
Staff recommends that the City Council adopt Resolution 2023-31 to appropriate funds to construct hardscape enhancements at Reama Park. Resolution 2023-31 authorizes the Finance Director to appropriate $26,000 from the fund balance reserves for the Reama Park Hardscape Project into account 420-6020-552.2006.
OPTIONS:
Approve resolution and recommendation from staff.
Reject the resolution and provide direction to staff on how to proceed. Request additional information and an additional report.
BACKGROUND/ANALYSIS:
The Public Works Department recently acquired new site furnishings for use at Reama Park as the existing site furnishings had reached the end of their life cycle and were beginning to become a safety concern. Staff discovered that the existing small concrete pad onto which these new furnishings were to be installed is in poor condition and also requires replacement. The Reama Park Hardscape Project (P23103) will remove and replace the deteriorated concrete pad with a slightly larger pad and complete installation of the new site furnishings. The following photos provide examples of the types and style of site furnishings planned for installation in this project.
P a g e | 2
Site furnishings with similar aesthetics are also being considered for future projects at Teeple Park and Veteran’s Park as part of the budgetary process for Fiscal Years 2024 and 2025.
Additional improvements to the fencing located at the park are to be considered for a future project.
ENVIRONMENTAL DETERMINATION:
This project is categorically exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15302 (Replacement or Reconstruction).
FISCAL IMPACT:
Fund Balance $ 26,000
TOTAL REVENUE $ 26,000
Expenditure:
Public Works Contract – Concrete Pad $ 22,000
Inspection/Contingency $ 4,000
TOTAL EXPENDITURES $ 26,000
FISCAL YEAR: 2023
BUDGETED: No
BUDGET AMENDMENT Yes
ACCOUNT NO(S).: Fund Balance - 420-0000-253.0000
P a g e | 3
Professional Services - 420-6020-552.2006
PROJECT NO(S).: P23103
FISCAL ANALYSIS: The project is a one-time expenditure that will require an appropriation from the Parks Maintenance Unreserved
Fund Balance
CURRENT BUDGET: $0
ANTICIPATED
EXPENDITURE:
$26,000
ATTACHMENTS:
Att. 1 Resolution 2023-31
ATTACHMENT 1
RESOLUTION NO. 2023-31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, ALLOCATING FUNDS FOR THE REAMA PARK ENHANCEMENT PROJECT P23103 WHEREAS, the Public Works Department recently acquired new site furnishings for use at Reama Park; and
WHEREAS, the existing site furnishings had reached the end of their life cycle and are beginning to present safety concerns; and
WHEREAS, the Reama Park Hardscape Project (P23103) will remove and replace the deteriorated concrete pad with a slightly larger pad and complete installation of new site furnishings; and
WHEREAS, the project will need $26,000 to complete park enhancements including demolition and replacement of the existing concrete pad in the picnic area and installation of new site furnishings.
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.
2. The Finance Director is authorized to amend the budget and increase expenditures in account number 420-6020-552.2006 in the amount of $26,000 for the Reama Park Enhancement Project.
3. The Finance Director is authorized to create a new project for these funds and track the expenses for the Reama Park Enhancement Project (P23103).
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its meeting held on the 19th day of April 2023, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
PALOMA AGUIRRE, MAYOR
ATTEST:
JACQUELINE M. KELLY, MMC
CITY CLERK
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April 19, 2023
ITEM TITLE: RESOLUTION NO. 2023-29 AUTHORIZING THE CITY MANAGER TO EXECUTE A DISPATCH SERVICES AGREEMENT WITH THE CITY OF SAN DIEGO. (0250-32) ORIGINATING DEPARTMENT:
Fire
EXECUTIVE SUMMARY:
Requested action is to authorize the City Manager or designee to execute a Dispatch Services Agreement with the City of San Diego for the purpose of providing fire and emergency medical dispatch services to Imperial Beach. This Agreement shall become effective July 1, 2023 and shall expire on June 30, 2028.
RECOMMENDATION:
That the City Council adopt Resolution No. 2023-29 authorizing the City Manager or designee to execute a Dispatch Services Agreement with the City of San Diego.
OPTIONS:
Adopt Resolution No. 2023-29
Provide direction to the City Manager to take another specific action Request additional information and an additional report BACKGROUND/ANALYSIS:
In June 2011, the City Council of the City of Imperial Beach authorized the City Manager to execute an Agreement between the City of San Diego and the City of Imperial Beach for the purpose of providing fire and emergency medical dispatch services to Imperial Beach. The Agreement became effective as of July 1, 2011 and was to be effective until the last day of June 2016. Since June 2016 the Dispatching Agreement has continued per terms of contract.
The Second Dispatch Agreement was approved by City Council in February 2019 and became effective retroactively to July 1, 2018 and shall expire at midnight on June 30, 2023.
This new Agreement shall become effective July 1, 2023 and shall expire on June 30, 2028. The parties shall review this Agreement every year to ensure applicability of all terms and policies.
Any modification shall be set forth in writing and be signed by the parties. The term of this agreement shall not exceed five (5) years unless approved by the San Diego City Council by Ordinance.
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ENVIRONMENTAL DETERMINATION:
Not a project as defined by CEQA.
FISCAL IMPACT:
The annual operating cost to provide fire and emergency medical dispatch services to Imperial Beach through the City of San Diego is accounted for in the Fire Department two-year approved operating budget and any ongoing costs.
ATTACHMENTS:
1. Resolution No. 2023-29
2. Dispatch Services Agreement
3. FY 23 Annual Operating Plan – Imperial Beach 11-30-22
4. Attachment 2 per Contract – Data Sharing Agreement 6-27-19
ATTACHMENT 1
RESOLUTION NO. 2023-29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO EXECUTE A DISPATCH SERVICES AGREEMENT
WITH THE CITY OF SAN DIEGO
WHEREAS, San Diego and Imperial Beach have organized and equipped fire departments charged with the duty of fire protection and rescue within the limits of said cities; and WHEREAS, Imperial Beach’s interest would be best served by entering into an agreement with San Diego to outsource Agency’s fire and emergency medical dispatch services to San Diego; and
WHEREAS, San Diego desires to provide Agency with fire and emergency medical dispatch services under the terms described in this Agreement; and WHEREAS, it would be to the benefit of each Party for San Diego to continue to provide fire and emergency medical dispatch services to Agency in order to increase the health and safety of all affected residents; and
WHEREAS, Agency desires and intends per the terms of this Agreement to pay San Diego for services;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Imperial Beach as follows:
1. That the City Council authorizes the City Manager or designee to sign the Dispatch Services Agreement with the City of San Diego.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its meeting held on the 19th day of April 2023, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
PALOMA AGUIRRE, MAYOR
ATTEST:
JACQUELINE M. KELLY, MMC
CITY CLERK
Attachment 2
THIS AGREEMENT is made by and between the City of San Diego (“San Diego”), a municipal corporation; and the City of ________________________ (“Agency”), a municipal corporation; (herein collectively known as “Parties” or individually as “Party”), for the provision of fire and emergency medical dispatch services.
RECITALS
WHEREAS, San Diego and Agency have organized and equipped fire departments charged with the duty of fire protection and rescue within the limits of said cities; and WHEREAS, if required by law, Agency, by way of Resolution Number _____________________ dated _______________________, approved by Agency’s City Council, resolved that Agency’s interests would be best served by entering into an agreement with San Diego to outsource Agency’s fire and emergency medical dispatch services to San Diego; and
WHEREAS, San Diego desires to provide Agency with fire and emergency medical dispatch services under the terms described in this Agreement; and WHEREAS, it would be to the benefit of each Party for San Diego to continue to provide fire and emergency medical dispatch services to Agency in order to increase the health and safety of all affected residents; and
WHEREAS, Agency desires and intends per the terms of this Agreement to pay San Diego for services.
NOW THEREFORE, in consideration of the above recitals and the mutual covenants and conditions contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Agency and San Diego agree as follows:
A. TERM.
This Agreement shall become effective July 1, 2023 and shall expire on June 30, 2028. The Parties shall review this Agreement every year to ensure applicability of all terms and policies. Any modification shall be set forth in writing and be signed by the Parties. The term of this agreement shall not exceed five (5) years unless approved by the San Diego City Council by Ordinance.
B. OBLIGATIONS OF THE PARTIES.
The descriptions herein outline specific aspects relevant to the performance of the emergency dispatch services by San Diego.
San Diego adheres to State recommendations for call answering times and bases dispatcher staffing upon meeting those performance standards.
To the extent that safety or technological changes warrant an amendment of the specific service or method employed to provide the fire and emergency medical dispatch services contemplated herein, neither Party may unreasonably refuse to implement safety or technological changes.
1. The dispatch services that will be provided by San Diego include:
a) Processing all fire and medical related emergency calls via the 911 Secondary Public Safety Answering Point ("PSAP").
b) Triaging medical calls using a triage process which includes:
i. Automated triage with call downgrading features.
ii. Coordinated dispatch efforts with Agency’s ambulance provider for ambulances within Agency’s jurisdiction, via the automated Computer Aided Dispatch (“CAD”) to CAD interface, or other option as agreed to by the parties. c) Dynamic Automatic Vehicle Location (“AVL”) driven dispatch of closest available resource(s), across City lines, to given emergency, incident type(s), and location(s). d) Paging Services between San Diego’s CAD and a messaging services interface. Options for paging services include:
i. Participate in San Diego’s paging services contract(s) on a pay per license basis, or ii. Agency can procure their own paging services contract (paid on own) and San Diego will set up paging as long as the technology can integrate with San Diego’s CAD. e) Fire Station Alerting via a CAD to a station alerting interface. Options for station alerting include:
i. Participate in San Diego’s station alerting system (currently via US Digital Designs) via a CAD to a station alerting interface. Agency will need to procure their own contract for services, hardware, and maintenance, or
ii. San Diego will interface with Agency’s existing, self-managed station alerting system.
Agency will be responsible to contact for services, hardware and maintenance as well as costs associated with setting up and maintaining the CAD interface. San Diego will be responsible for supporting the CAD interface alone.
f) Mobile Data Computer (“MDC”) or other mobile platform services including mapping, liverouting, and loading of Agency’s self-managed pre-plans. MDCs can be ordered off a list of SDFD supported devices. MDCs will be fully imaged and configured by San Diego Fire IT to be on the SDFD network to SDFD's specifications. No other hardware or configurations or additional software are supported in any capacity
g) Mobile Network
i. Apparatus Modem
Data Plan – San Diego will order and issue SIM cards and bill agency for costs. Agencies will be required to be on San Diego’s cellular provider private APN and Data Plan.
Network equipment (modems, antennas, etc.) will be procured and supported by San Diego. Equipment can only be supported if it is procured by San Diego off the approved devices list and managed in San Diego’s Mobile Device Management system for firmware updates and modem management. Equipment and support costs will be billed to agency. Agency will be responsible for installation of network equipment. ii. Mobile Phones & Tablets
Agency can opt to procure smartphones and tablets via San Diego’s procurement system. In this case, agency will be billed for actual costs of: device purchase (onetime), mobile device management (on-going, based on license fee from provider), and data usage (on-going, based on carrier charges). When possible, agency will be set up with a sub account on San Diego’s data plan and may be billed directly by mobile carrier
for data usage. San Diego Fire IT will support devices procured via our system (e.g., manage applications via the device management system).
Or, agency can opt to procure their own devices. In this case, San Diego will not support the device or be able to manage applications unless agency coordinates with SD Fire IT to enroll devices into San Diego’s mobile device management system. h) Records Management System (“RMS”) services for a CAD to a Fire RMS interface. Options for a Records Management System include:
i. Participate in San Diego’s existing RMS system (currently via WATER) via a CAD to a Fire RMS interface. Agency will need to procure their own contract for services and maintenance, or
ii. San Diego will interface with Agency’s existing, RMS. Agency will be responsible to contact for services and maintenance as well as costs associated with setting up and maintaining the CAD interface. San Diego will be responsible for supporting the CAD interface alone.
i) Agency may receive a periodic download of CAD data as agreed upon by the parties. j) Agency acknowledges that this contract does not require San Diego to perform analysis of Agency’s CAD or response data. However, San Diego may extend the use of secured Internet applications for viewing, analyzing and reporting Agency’s CAD data (“web services”). These web services may include on-line dashboards and canned reports with pre-established data collection points, call for service statistics and/or other incident specific data. k) Any additional or special services provided are described in Addendum A.
2. Additional Services and Equipment. Additional services and equipment utilized in the performance or support of dispatch services may be provided by San Diego, as agreed to by the Parties, which may include but is not limited to: equipment (modems, mobile data computers, phones, etc.), enterprise device management services, software applications and licenses.
C. COMPENSATION AND PAYMENT SCHEDULE
Agency agrees to pay to San Diego for services rendered under this Agreement on a fiscal year basis, defined as July 1 through June 30. For budgeting and planning purposes, San Diego will provide Agency with an Annual Operating Plan (Attachment 1) for the upcoming fiscal year, which shall be incorporated by reference into this Agreement.
1. For Dispatching Services. San Diego shall be compensated for the performance of services specified in Section B1 as a cost per call. Dispatch fees are subject to change each fiscal year based on the following:
a) The adopted budget for personnel costs which includes fringe and overhead, and; b) Prior year actuals for non-personnel expenditures (NPE). Should the Agency’s call volume exceed the prior year by 5% or more, an increase to the NPE will be equal to the percentage of the increased call volume (rounded up to the tenth percent). c) Should the Agency’s call volume from the prior year not increase, or the increase is less than 5%, an escalator of 5% will be applied to the NPE.
2. For Additional Services & Equipment. San Diego shall be reimbursed for the costs of any additional services and equipment specified in Section B.2, which have been procured on behalf of Agency at Agency’s request and which may also include connectivity and start-up costs. Agency may elect additional options in accordance with the “Annual Operating Plan.” a) Costs will be calculated based on vendor fees per service or unit of equipment. b) Services and equipment fees are subject to change annually based on vendor rates.
3. Invoices & Due Date: San Diego shall provide to Agency, on a quarterly basis, an invoice statement for services rendered under this Agreement and payment by Agency shall be remitted thirty (30) days thereafter. If Agency disputes any charges it shall nonetheless remit the full amount without waiving its right to a return of the disputed amount.
4. Records: The Parties shall maintain books, records, logs, documents, and other evidence sufficient to record all actions taken with respect to rendering services under this Agreement throughout the performance of services and for ten (10) years following completion of services under this Agreement. The parties further agree to allow for mutual inspection, copying and auditing of such books, records, documents and other evidence at all reasonable times.
D. DATA SHARING.
Data Sharing policies are outlined in the Data Sharing Agreement (Attachment 2).
E. INDEMNIFICATION. In the performance of dispatching services,
1. Agency agrees to defend, indemnify, protect, and hold San Diego and its officials, agents, officers, employees and volunteers harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to Agency officials, employees, volunteers, agents, or officers which arise from, or are connected with, or are caused or claimed to be caused by the acts or omissions of Agency or its officials, agents, officers, employees, or volunteers, and agrees to be responsible for all expenses of investigating and defending against same; provided however, that Agency’s duty to indemnify and hold harmless shall not include any claims or liability arising from the negligence or willful misconduct of San Diego or its officials, agents, officers, employees or volunteers.
2. San Diego agrees to defend, indemnify, protect, and hold Agency and its officials, agents, officers, employees and volunteers harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to San Diego employees, volunteers, agents, or officers which arise from, or are connected with, or are caused or claimed to be caused by the acts or omissions of San Diego or its officials, agents, officers, employees, or volunteers, and agrees to be responsible for all expenses of investigating and defending against same; provided, however, that San Diego’s duty to indemnify and hold harmless shall not include any claims or liability alleged to be arising from the negligence or willful misconduct of Agency or its officials, agents, officers, employees or volunteers.
3. In the event that both parties are determined to be partially responsible, the principles of comparative fault shall apply and each party may seek indemnification according to such comparative fault.
4. The obligations under this Section shall survive the expiration or earlier termination of this Agreement.
F. RIGHT TO TERMINATE FOR CONVENIENCE
Either Party may terminate the services agreed to pursuant to this Agreement by giving written notice of such termination to the other Party. Such notice shall be delivered by certified mail with return receipt for delivery to the noticing Party or other method as set forth in Section O below. The termination of the services shall be effective one hundred and eighty (180) days after the receipt of this notice by the noticed Party.
G. RIGHT TO TERMINATE FOR DEFAULT
If either Party fails to perform or adequately perform any obligation required by this Agreement, that Party’s failure constitutes a Default. If the defaulting Party fails to satisfactorily cure a Default within ten (10) calendar days of receiving written notice from the other Party specifying the nature of the Default, or if the nature of the Default is (1) not for the payment of services, and (2) requires more than ten (10) calendar days to remedy, and the defaulting Party fails to diligently pursue such action necessary to remedy the Default, the other Party may immediately cancel and/or terminate this Agreement upon written notice, and terminate each and every right of the defaulting Party, and any person claiming any rights by or through the defaulting Party under this Agreement. The rights and remedies of the non-defaulting Party enumerated in this paragraph are cumulative and shall not limit the non-defaulting Party’s rights under any other provision of this Agreement, or otherwise waive or deny any right or remedy, at law or in equity, existing as of the date of this Agreement or enacted or established at a later date, that may be available to the Parties against the other Party.
H. CITY OF SAN DIEGO CONTRACT REQUIREMENTS
To the extent appropriate in light of the rights and duties specified in this Agreement, and as applicable to particular Parties, the following requirements shall apply:
1. Drug-Free Workplace. Agency agrees to comply with San Diego's Drug Free Workplace requirements set forth in Council Policy 100-17, adopted by San Diego Resolution R-277952 and incorporated into this Agreement by this reference.
2. ADA Certification. Agency hereby certifies that it agrees to comply with San Diego's “Americans With Disabilities Act” Compliance/City Contracts requirements set forth in Council Policy 100-04, adopted by San Diego Resolution R-282153 and incorporated into this Agreement by this reference.
I. PRODUCT ENDORSEMENT
Agency acknowledges and agrees to comply with the provisions of San Diego’s Administrative Regulation 95-65, concerning product endorsement. Any advertisement identifying or referring to San Diego as the user of a product or service requires the prior written approval of San Diego.
J. CONFLICT OF INTEREST
The Parties are subject to all federal, state and local conflict of interest laws, regulations and policies applicable to public contracts and procurement practices including, but not limited to, California Government Code sections 1090, et. seq. and 81000, et. seq. Either Party may determine that a conflict of interest code requires the other Party to complete one or more statements of economic interest disclosing relevant financial interests. Upon one Party’s request, the other Party shall submit the necessary documents to the requesting Party.
1. The Parties shall establish and make known to their respective employees and agents appropriate safeguards to prohibit employees from using their positions for a purpose that is, or that gives the appearance of being, motivated by the desire for private gain for themselves or others, particularly those with whom they have family, business or other relationships.
2. In connection with any task, neither Party shall not recommend or specify any product, supplier, or contractor with whom such Party has a direct or indirect financial or organizational interest or relationship that would violate conflict of interest laws, regulations, or policies.
3. If either Party violates any conflict of interest laws or any of these provisions in this Section, the violation shall be grounds for immediate termination of this Agreement. Further, the violation subjects such Party to liability to the other for all damages sustained as a result of the violation.
K. JURISDICTION, VENUE & ATTORNEY’S FEES
The venue for any suit or proceeding concerning this Agreement, the interpretation or application of any of its terms, or any related disputes shall be in the County of San Diego, State of California. The prevailing Party in any such suit or proceeding shall be entitled to a reasonable award of attorney’s fees in addition to any other award made in such suit or proceeding.
L. ENTIRE AGREEMENT; AMENDMENTS
This Agreement contains the entire understanding between the Parties with respect to the subject matter herein. There are no representations, agreement or understandings (whether oral or written) between or among the Parties relating to the subject matter of this Agreement that are not fully expressed herein.
This Agreement may only be amended in writing signed by both Parties.
M. SEVERABILITY
If any one or more of the covenants or agreements or portions thereof provided in this Agreement shall be held by a court of competent jurisdiction in a final judicial action to be void, voidable or unenforceable, such covenant or covenants, such agreement or agreements, or such portions thereof shall be null and void and shall be deemed separable from the remaining covenants or agreements or portions thereof and shall in no way affect the validity or enforceability of the remaining portions of this Agreement, and the Parties shall negotiate in good faith to replace any such covenant, agreement or portion found to be null and void.
N. NOTICES.
Any notice required or permitted by this Agreement shall be in writing and shall be delivered as follows, with notice deemed given as indicated: (a) by personal delivery, when delivered personally; (b) by overnight courier, upon written verification of receipt; (c) by facsimile transmission, upon acknowledgment of receipt of electronic transmission; or (d) by certified or registered mail, return receipt requested, upon verification of receipt. Notice shall be sent to the following addresses:
To San Diego at:
San Diego Fire-Rescue Department / ECDC
Attn: ECDC Deputy Chief
3750 Kearny Villa Road
San Diego, CA 92123
With a copy to:
San Diego Fire-Rescue Department
Attn: Fire Chief
600 B Street, 13th Floor
San Diego, CA 92101
To Agency at:
___________________________ Fire Department
Attn: Fire Chief
_____________________________________________
_____________________________________________
With a copy to:
City of ___________________________________
Attn: _____________________________________
___________________________________________
___________________________________________
IN WITNESS WHEREOF, this Agreement is executed by the City of San Diego, acting by and through its Mayor or his designee, pursuant to San Diego City Charter section 265 and San Diego Municipal Code section 22.3222, and by the City of ___________________________.
CITY OF _______________________________, A Municipal Corporation I HEREBY CERTIFY that I can legally bind the City of _____________________, and that I have read all of this Agreement and have executed it on behalf of the City of ____________________.
By:
___________________________________________
_____________________________, City Manager
Date signed:
____________________________
I HEREBY APPROVE the form of the foregoing Agreement, this _____ day of ________________, 2023.
By: ___________________________________________
___________________________________, ______________________ City Attorney ATTEST:
______________________________________________
____________________________, City Clerk
[SIGNATURES CONTINUED ON FOLLOWING PAGE]
CITY OF SAN DIEGO, A Municipal Corporation
I HEREBY CERTIFY that I can legally bind the City of San Diego, and that I have read all of this Agreement and have executed it on behalf of the City of San Diego.
By: ___________________________________________
Claudia Abarca, Purchasing Agent
Date signed:
____________________________
I HEREBY APPROVE the form of the foregoing Agreement, this _____ day of ________________, 2023.
MARA W. ELLIOTT, San Diego City Attorney
By: ___________________________________
____________________________________, Deputy City Attorney
ADDENDUM A
(ADDITIONAL OR SPECIAL SERVICES)
No special services are applicable at this time.
ATTACHMENT 1
(ANNUAL OPERATING PLAN)
ATTACHMENT 2
(DATA SHARING AGREEMENT)
Dispatching Services by San Diego Fire Rescue:
Fiscal Year 2022 Actual Calls 2,617
Annual Increase 5%
Total Dispatching Costs $ 11,000,063.47
Total 911 Calls Processed by San Diego 237,922
FY23 Cost per Call $ 46.23
Billing for Fiscal Year 2023 $120,994.13
Additional Services & Equipment (prices variable based on quotes for actual equipment/services ordered) Annual Price or
Item or Service Description Unit Price Total
MDC - GETAC purchase (based on PO or invoice) $ - 0 $ - MDC - Software License $ 300.00 3 $ 900.00
Modems - new devices (one-time charge) $ 698.92 0 $ -
Modems - Data Plan $ 479.88 4 $ 1,919.52
Modem ECM - Cradlepoint Net Clould Manager $ 180.00 4 $ 720.00 Pagers - SPOK $ 46.20 0 $ -
Cellular Phones - new devices (one-time charge) $ 99.00 0 $ - Phones - Data $ 479.88 0 $ -
Phones MDM - Meraki Mobile Device Mgmt $ 25.64 0 $ -
Paging App - Zipit $ 54.00 8 $ 432.00
FirstWatch (based on quote) $ - 0 $ -
FireView (based on quote) $ - 0 $ -
INTTERRA (basedon quote) $ - 0 $ -
TabletCommand License - Pro $ 540.00 1 $ 540.00
TabletCommand License - Mobile $ 20.00 10 $ 200.00
FY 2023 Total Services & Equipment Cost $ 4,711.52
TOTAL FY 2023 COST $ 125,705.65
FY 2023 Billing Schedule:
Quarter 1 $ 31,426.41
Quarter 2 $ 31,426.41
Quarter 3 $ 31,426.41
Quarter 4 $ 31,426.41
$ 125,705.65
FY22 actual call volume, FY23 Adopted Budget for personnel expenditures, and FY22 actual non-personnel expenditures.
Fiscal Year 2023 Annual Operating Plan
City of Imperial Beach
Imperial Beach FY23 AOP (FINAL) 1 of 1
Attachment 3
Attachment 4
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April 19, 2023
ITEM TITLE: SECOND READING AND ADOPTION OF ORDINANCE NO. 2023-1224 AMENDING TITLE 19 (ZONING) TO UPDATE THE CITY’S DENSITY BONUS ORDINANCE TO MEET STATE LAW; LCP AMENDMENT (LCPA-23-0001); & EXEMPTION PER CEQA GUIDELINES SECTION 15061(b)(3). (0620-95)
ORIGINATING DEPARTMENT:
Community Development
EXECUTIVE SUMMARY:
The California Legislature enacted legislation amending Government Code Section 65915 known as State Density Bonus Law that went into effect as of January 1, 2023 with the intent to facilitate the construction of new affordable dwelling units in response to the state's housing shortage.
Existing ordinances related to affordable housing density provisions that fail to meet the requirements of the legislation are considered null and void as the City must apply the standards established within the legislation. The City's existing ordinances related to density bonus law do not meet the state's requirements, and as such, affordable housing developments that qualify for density bonus law in the City of Imperial Beach are regulated by the requirements in Government Code Section 65915 unless the City adopts an ordinance that complies with state law.
On April 5, 2023, the City Council had the first reading and introduction of Ordinance No. 2023- 1224, which would amend IBMC Chapter 19.65 to provide regulations for developments that utilize a density bonus consistent with the requirements per State Law. This, therefore, will be the Second and Final Reading of this ordinance for compliance with the notification requirements of an ordinance adoption pursuant to Government Code Sections 65090 and 65091.
RECOMMENDATION:
That the City Council conduct the second reading by title only, waiving further reading, and adopt Ordinance No. 2023-1224 approving the proposed amendment, Local Coastal Program Amendment (LCPA-23-0001) of Title 19 of the Imperial Beach Municipal Code for Density Bonus Law and, finding and certifying that the proposed zoning amendment (Ordinance 2023-1224) is consistent with the Coastal Act and finding an exemption pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) (the common sense exemption).
OPTIONS:
The City Council can also:
Provide direction to modify the ordinance prior to further consideration by the City Council.
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Continue the item and provide direction to the City Manager to obtain additional information.
BACKGROUND/ANALYSIS:
The California Legislature enacted legislation amending Government Code Section 65915 known as State Density Bonus Law that went into effect as of January 1, 2023 with the intent to facilitate the construction of new affordable residential dwelling units in response to the state's housing shortage (ref. Assembly Bill (AB) 2334). Existing ordinances related to affordable housing density bonuses that fail to meet the requirements of the legislation are considered null and void as the City must apply the standards established within the legislation. The City's existing ordinance, Imperial Beach Municipal Code Chapter 19.65 Affordable Housing Density Bonus does not meet the state's requirements, and as such, affordable housing developments that qualify for a density bonus in the City of Imperial Beach are regulated by the requirements in Government Code Section 65915. California Government Code Section 65915(a) also requires that all cities adopt an ordinance that specifies how compliance with State Density Bonus Law will be implemented.
The City adopted its Housing Element on June 16, 2021 which was certified by the California Department of Housing and Community Development on September 20, 2021. Within the Housing Element, the City has outlined goals and policies to address Imperial Beach’s housing needs which are implemented through a series of housing programs. Housing programs define the specific actions the City will undertake to achieve the stated goals and policies within the eight-year (2021-2029) planning period. Program 11 of Section 5.2.4 (Removal of Governmental Constraints) of the City’s Housing Element provides that the City will “[r]evise the Zoning Ordinance to update density bonus provisions consistent with State Law”. To be consistent with the requirements per California Government Code Section 65915 and with the Housing Element, the City is revising the Title 19 (Zoning) ordinance, specifically, Chapter 19.65.
Density Bonus Law provides the ability for a housing development that incorporates affordable housing units an increase in allowable density that exceeds what would typically be allowed for a housing development based on the underlying zoning requirements. Additionally, projects that utilize State Density Bonus Law could potentially have the ability to have reduced parking standards, incentives or concessions, and/ or waivers to existing city ordinances or provisions.
The draft ordinance (Attachment 1) revises Title 19 (Zoning) Ordinance, specifically Chapter
19.65. The revisions to Chapter 19.65 include: the review process, the requirements for a density bonus agreement, tables to show the density bonus calculations, incentives, parking reductions, development standards, and interpretations related to affordable housing density bonuses consistent with Government Code Section 65915.
On April 5, 2023, the City Council had the first reading and introduction of Ordinance No. 2023- 1224, which would amend IBMC Chapter 19.65 to provide regulations for developments that would utilize a density bonus consistent with the requirements per State Law. This, therefore, will be the Second and Final Reading of this ordinance for compliance with the notification requirements of an ordinance adoption pursuant to Government Code Sections 65090 and 65091.
LOCAL COASTAL PROGRAM AMENDMENT:
This project constitutes an amendment to the Implementation Component of the City’s certified Local Coastal Program. It proposes modifications to the Title 19 (Zoning) for affordable housing density bonus provisions. A public notice of the proposed amendments initiated a six-week/45- day public review period that began on February 9, 2023 and ended on March 27, 2023 prior to any final action being taken by the City Council on the proposed modifications, pursuant to
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California Code of Regulations Code §13515 (14 CCR 13515) and California Government Code §65352. The proposed amendments to Title 19 of the Imperial Beach Municipal Code would be submitted to the California Coastal Commission for review and certification for the amendment to be effective.
ENVIRONMENTAL DETERMINATION:
The ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) (the common sense exemption) because it can be seen with certainty that there is no possibility that the adoption of this ordinance may have a significant effect on the environment, in that the ordinance merely implements the provisions of state law and includes no provisions beyond those included in State Density Bonus Law that that may result in a direct or indirect impact on the physical environment.
FISCAL IMPACT: None.
ATTACHMENTS:
ATT 1 – Ordinance 2023-1224
Attachment 1
ORDINANCE NO. 2023-1224
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, AMENDING TITLE 19 (ZONING) OF THE
IMPERIAL BEACH MUNICIPAL CODE TO UPDATE THE CITY'S
DENSITY BONUS ORDINANCE TO REFLECT CHANGES IN STATE
LAW.
WHEREAS, Sections 65915 et seq. of the California Government Code, known as State Density Bonus Law, require a city to provide a developer that proposes a housing development containing affordable and other types of housing with a density bonus and other incentives; and WHEREAS, California Government Code Section 65915(a) requires that all cities adopt an ordinance that specifies how compliance with State Density Bonus Law will be implemented; and WHEREAS, since adoption of the City’s density bonus ordinance, the State Legislature has passed, and the Governor has signed into law numerous changes to State Density Bonus Law; and WHEREAS, Program 11 of Section 5.2.4 (Removal of Governmental Constraints) of the City’s Housing Element, which was adopted on June 16, 2021 and subsequently approved by the California Department of Housing and Community Development, provides that the City will "[r]evise the Zoning Ordinance to update density bonus provisions consistent with State law"; and WHEREAS, a Public Notice of Availability of Proposed General Plan/Local Coastal Program Amendments was issued, which opened a six-week public review period that ran from February 9, 2023 to March 27, 2023; and
WHEREAS, the City Council conducted a public hearing on April 5, 2023 to consider the proposed amendments to the density bonus ordinance, Imperial Beach Municipal Code Chapter 19.65, and considered all evidence, including but not limited to public testimony and the evaluations and recommendations of staff; and
WHEREAS, notices of said public hearings were made at the time and in the manner required by law.
NOW, THEREFORE, the City Council of the City of Imperial Beach hereby ordains as follows:
Section 1. All of the statements set forth in the recitals above are true and correct and are incorporated herein as substantive findings.
Section 2. Chapter 19.65, Title 19 (Zoning) of the Imperial Beach Municipal Code is hereby amended to read as shown in Exhibit "A" attached hereto and incorporated herein by reference.
Section 3. The City Council finds that this Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) (the common sense exemption) because it can be seen with certainty that there is no possibility that the adoption of this ordinance may have a significant effect on the environment, in that the ordinance merely implements the provisions of state law and includes no provisions beyond those included in State Density Bonus Law that that may result in a direct or indirect impact on the physical environment.
Section 4. The Community Development Director or designee is hereby authorized to submit this Ordinance as part of the General Plan/Local Coastal Program Amendment to the California Coastal Commission for their review and adoption.
Section 5. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of the Ordinance, or its application to any person or circumstance, is for any reason held to be invalid and
Attachment 1
unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
Section 6: This Ordinance shall take effect upon approval by the California Coastal Commission.
Section 7. The City Clerk is directed to prepare and have published a summary of this Ordinance no less than five (5) days prior to the consideration of its adoption and again within fifteen (15) days after adoption indicating votes cast.
INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of Imperial Beach held on the on the 5
th day of April, 2023; and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Imperial Beach, California, on the 19th day of April, 2023, by the following vote:
AYES: Councilmembers –
NOES: Councilmembers –
ABSENT: Councilmembers –
____________________________________
PALOMA AGUIRRE, MAYOR
ATTEST:
__________________________________
JACQUELINE M. KELLY, MMC
CITY CLERK
APPROVED AS TO FORM:
__________________________________
JENNIFER LYON
CITY ATTORNEY
Attachment 1
EXHIBIT "A"
Chapter 19.65
AFFORDABLE HOUSING DENSITY BONUS
Sections:
19.65.010 Purpose.
19.65.020 Definitions.
19.65.030 Application requirements.
19.65.040 Local coastal program consistency.
19.65.050 Review process.
19.65.060 Density bonus agreement.
19.65.070 Density bonus calculations.
19.65.080 Incentives; parking reductions.
19.65.090 Development standards.
19.65.100 Interpretation
19.65.010. Purpose.
The purpose of this chapter is to specify how compliance with State Density Bonus Law (Government Code Sections 65915 et seq.) will be implemented, as required by Government Code Section 65915(a).
19.65.020. Definitions.
The definitions found in State Density Bonus Law shall apply to the terms contained in this Chapter. “Incentives” includes “concessions” as defined in State Density Bonus Law.
19.65.030. Application requirements.
A. An applicant for a “housing development” as defined in State Density Bonus Law shall be eligible for a density bonus and other regulatory benefits that are provided by State Density Bonus law when the applicant seeks and agrees to provide housing as specified in Government Code Section 65915(b), (c), (f), (g) and (h), or in Government Code Section 65915.5.
B. All requests for density bonuses, incentives, parking reductions, and waivers for a housing development shall be filed with and on a form provided by the Community Development Director or designee concurrently with the filing of the planning application for the first discretionary permit required for the housing development. The applicant shall be informed whether the application is complete consistent with Government Code Section 65943. The granting of a density bonus, incentive or concession, pursuant to this chapter, shall not be interpreted, in and of itself, to require a general plan amendment, development code amendment, zone change, other discretionary approval, or the waiver of a city ordinance or provisions of a city ordinance unrelated to development standards.
C. The application shall include the required fee and the following minimum information:
1. Requested density bonus.
a. Summary table showing the maximum number of dwelling units permitted by the zoning and general plan excluding any density bonus units, proposed affordable units by income level, proposed bonus percentage, number of density bonus units proposed, total number of dwelling units proposed on the site, and resulting density in units per acre.
Attachment 1
b. A tentative map or preliminary site plan, drawn to scale, showing the number and location of all proposed units, designating the location of proposed affordable units and density bonus units.
c. The zoning and general plan designations and assessor's parcel number(s) of the housing development site.
d. A description of all dwelling units existing on the site in the five-year period preceding the date of submittal of the application and identification of any units rented in the five-year period. If dwelling units on the site are currently rented, income and household size of all residents of currently occupied units. if known. If any dwelling units on the site were rented in the five-year period but are not currently rented, the income and household size of residents occupying the dwelling units when the site contained the maximum number of dwelling units, if known.
e. Description of any recorded covenant, ordinance, or law applicable to the site that restricted rents to levels affordable to very-low or lower income households in the five-year period preceding the date of submittal of the application. f. If a density bonus is requested for a land donation, the location of the land to be dedicated, proof of site control, and reasonable documentation that each of the requirements included in Government Code Section 65915 (g) can be met.
2. Requested incentives. The application shall include the following minimum information for each incentive requested, shown on a site plan (if appropriate):
a. The City's usual development standard and the requested development standard or regulatory incentive.
b. Except where mixed-use zoning is proposed as a concession or incentive, reasonable documentation to show that any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing costs or rents.
c. If approval of mixed-use zoning is proposed, reasonable documentation that nonresidential land uses will reduce the costs of the housing development, that the nonresidential land uses are compatible with the housing development and the existing or planned development in the area where the proposed housing development will be located, and that mixed-use zoning will provide for affordable housing costs and rents.
3. Requested waivers. The application shall include the following minimum information for each waiver requested on each lot, shown on a site plan (if applicable):
a. The City's usual development standard and the requested development standard. b. Reasonable documentation that the development standards for which waivers are requested will have the effect of physically precluding the construction of the development at the densities or with the concessions or incentives permitted by Government Code Section 65915.
4. Parking reductions. The application shall include a table showing parking required by the zoning regulations, parking proposed under State Density Bonus Law, and reasonable documentation that the project is eligible for the requested parking reduction.
Attachment 1
5. Density bonus or incentive for a child care facility in a housing development. The application shall include reasonable documentation that all of the requirements included in Government Code Section 65915(h) can be met.
6. Density bonus or incentive for a condominium conversion. The application shall include reasonable documentation that all of the requirements included in Government Code Section 65915.5 can be met.
19.65.040. Local coastal program consistency.
A. State Density Bonus Law provides that it shall not be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Cal. Public Resources Code § 30000 et seq.), and further provides that the granting of a density bonus or an incentive shall not be interpreted, in and of itself, to require a local coastal plan amendment.
B. For development within the coastal zone, any requested density bonus, incentive, waiver, or parking reduction shall be consistent with all applicable requirements of the certified Imperial Beach Local Coastal Program, with the exception of density.
19.65.050. Review process.
A. The requests contained in the application shall be considered and acted upon concurrently with the planning application by the approval body with authority to approve the development within the timelines prescribed by California Government Code Section 65950 et seq., with right of appeal to the City Council.
B. To ensure that an application for a housing development conforms with the provisions of State Density Bonus Law and the Coastal Act, the staff report presented to the decision-making body shall state whether the application conforms to the following requirements of state law as applicable:
1. The housing development provides the housing required by State Density Bonus Law to be eligible for the density bonus and any incentives, parking reduction, or waivers requested, including the replacement of units rented or formerly rented to very-low and low income households as required by California Government Code Section 65915(c)(3).
2. If an incentive is requested, any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing or costs or rents; except that, if a mixeduse development is requested, the application must instead meet all of the requirements of Government Code Section 65915(k)(2).
3. If a waiver is requested, the housing development project is eligible for a waiver, and the development standards for which a waiver is requested would have the effect of physically precluding the construction of the housing development at the densities or with the incentives permitted.
4. The housing development is eligible for any requested parking reductions under Government Code Section 65915(p).
5. If the density bonus is based all or in part on donation of land, the requirements of Government Code Section 65915(g) have been met.
6. If the density bonus or incentive is based all or in part on the inclusion of a child care facility or condominium conversion, the requirements included in Government Code Section 65915(h) or 65915.5, as appropriate, have been met.
Attachment 1
7. If the housing development is in the coastal zone, the requested density bonus and any requested incentive, waiver or parking reduction is consistent with all applicable requirements of the certified Imperial Beach Local Coastal Program, with the exception of density.
C. The decision-making body shall grant an incentive requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:
1. The proposed incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5; or for affordable rents, as defined in Health and Safety Code Section 50053; or
2. The proposed incentive would be contrary to state or federal law; or
3. The proposed incentive would have a specific, adverse impact upon the public health or safety or on any real property that is listed in the California Register of Historic Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low- and moderateincome households. For the purpose of this subsection, “specific, adverse impact” means a significant, quantifiable, direct and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete as defined in Government Code Section 65589.5.
D. The decision-making body shall grant the waiver of development standards requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:
1. The proposed waiver would be contrary to state or federal law; or
2. The proposed waiver would have an adverse impact on any real property listed in the California Register of Historic Resources; or
3. The proposed incentive would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low- and moderate-income households. For the purpose of this subsection, “specific, adverse impact” means a significant, quantifiable, direct and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete as defined in Government Code Section 65589.5.
F. If a child care center complies with the requirements of Government Code Section 65915(h), the decision-making body may deny a density bonus or incentive that is based on the provision of child care facilities only if it makes a written finding, based on substantial evidence, that the City already has adequate child care facilities.
19.65.060 Density bonus agreement.
A. If a density bonus, incentive, parking reduction, or waiver is approved pursuant to this chapter, the applicant shall enter into a binding affordable housing agreement or senior housing agreement with the City which sets forth the conditions and guidelines to be met in the implementation of State Density Bonus Law and that ensures compliance with all of the provisions of this chapter. The agreement will also establish specific compliance standards and remedies available to the City upon failure by the applicant to make units accessible to intended residents.
Attachment 1
B. For rental projects, the affordable housing agreement shall require the continued affordability of all rental units that qualified the applicant for the receipt of the density bonus, incentive, waiver, or parking reduction for a minimum of fifty-five (55) years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program; shall identify the type, size and location of each affordable unit; shall specify the eligible occupants; and shall specify phasing of the affordable units in relocation to the market-rate units. Rents for the lower income density bonus units shall be set at an affordable rent as defined in State Density Bonus Law.
C. For for-sale projects, the affordable housing agreement shall require that, the initial purchasers of those for-sale units that qualified the applicant for the receipt of the density bonus, incentive, waiver, or parking reduction are persons and families of lower or moderate income, as applicable, or the units are purchased by a qualified non-profit housing corporation as defined in State Density Bonus Law; and that the units are offered at an affordable housing cost, as that cost is defined in Health and Safety Code Section 50052.5. The City shall enforce an equity sharing agreement consistent with State Density Bonus Law unless it is in conflict with the requirements of another public funding source or law.
D. Where a density bonus, waiver or parking reduction is provided for a market-rate senior housing development, the applicant shall enter into a restrictive covenant with the City, running with the land, in a form approved by the City Attorney, to be executed by the City Manager or City Manager’s designee, to require the housing development to be operated as "housing for older persons" consistent with state and federal fair housing laws.
E. The executed affordable housing agreement or senior housing agreement shall be recorded against the housing development prior to final or parcel map approval, or, where a map is not being processed, prior to issuance of building permits for the housing development. The affordable housing agreement or senior housing agreement shall be binding on all future owners and successors in interest.
19.65.070. Density bonus calculations.
A. In determining the total number of units to be granted, each component of any density calculation, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number.
B. When calculating the number of affordable units needed for a given density bonus, any fractions of affordable dwelling units shall be rounded up to the next whole number.
C. Each housing development is entitled to only one density bonus. If a housing development qualifies for a density bonus under more than one category, the applicant shall identify the category under which the density bonus is requested to be granted. Each housing development is entitled to only one density bonus.
D. The density bonus units shall not be included in determining whether the number of affordable units required to qualify a housing development for a density bonus pursuant to State Density Bonus Law.
E. The applicant may elect to accept a lesser percentage of density bonus than the housing development is entitled to, or no density bonus, but no reduction will be permitted in the percentages of required affordable units contained in Government Code Sections 65915(b), (c), and (f).
Regardless of the number of affordable units, no housing development shall be entitled to a density bonus than what is authorized under State Density Bonus Law.
19.65.080. Incentives; parking reductions.
Attachment 1
A. Incentives are those defined by State Density Bonus Law. The number of incentives that may be requested shall be based upon the number the applicant is entitled to pursuant to State Density Bonus Law.
B. If a housing development is eligible for a density bonus pursuant to State Density Bonus Law, the applicant may request an on-site vehicular parking ratio specified in Government Code Section 65915(p). An applicant may request this parking reduction in addition to the incentives permitted by subsection (A) of this section.
C. Nothing in this chapter requires the provision of direct financial incentives for the housing development, including, but not limited to, the provision of financial subsidies, publicly owned land, fee waivers, or waiver of dedication requirements. The City, at its sole discretion, may choose to provide such direct financial incentives.
19.65.090. Development standards.
A. Building permits and final inspections or certificates of occupancy shall be issued concurrently for the market rate units and for any affordable units that qualified the project for a density bonus, incentive, waiver or parking reduction, so that the affordable units comprise the required percentage of total units.
B. Affordable units shall be comparable in exterior appearance and overall quality of construction to market rate units in the same housing development. Interior finishes and amenities may differ from those provided in the market rate units, but neither the workmanship nor the products may be of substandard or inferior quality as determined by the City.
C. To comply with fair housing laws, the affordable units shall contain the same proportional mix of bedroom sizes as the market-rate units. In mixed-income buildings, the occupants of the affordable units shall have the same access to the common entrances and to the common areas, parking, and amenities of the project as the occupants of the market-rate housing units, and the affordable units shall be located throughout the building and not isolated on one floor or to an area on a specific floor.
19.65.100 Interpretation.
If any portion of this chapter conflicts with State Density Bonus Law or other applicable state law, state law shall supersede this chapter. Any ambiguities in this chapter shall be interpreted to be consistent with State Density Bonus Law.
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April 19, 2023
ITEM TITLE: SECOND READING AND ADOPTION OF ORDINANCE NO. 2023-1225 AMENDING TITLE 19 (ZONING) FOR PERMANENT SUPPORTIVE HOUSING AND LOW BARRIER NAVIGATION CENTERS; LCP AMENDMENT (LCPA-23-0001); & CEQA EXEMPTION PER SECTION 15061(b)(3). (0620-95)
ORIGINATING DEPARTMENT:
Community Development
EXECUTIVE SUMMARY:
The California Legislature enacted legislation amending Government Code Sections 65650 et. seq. requiring a city to permit permanent supportive housing meeting provisions of state law “by right,” and Sections 65660 et seq. of the California Government Code requiring a city to permit low barrier navigation centers meeting provisions of state law “by right”. Existing ordinances related to permanent supportive housing developments and low barrier navigation centers that fail to meet the requirements of the legislation are considered null and void as the City must apply the standards established within the legislation. The City's existing ordinances do not meet the state's requirements, and as such, permanent supportive housing developments and low barrier navigation centers proposed in the City of Imperial Beach are regulated by the requirements in Government Code Sections 65650 et seq. and 65660 et seq. unless the City adopts an ordinance that complies with state law.
On April 5, 2023, the City Council had the first reading and introduction of Ordinance No. 2023- 1225, which would amend Title 19 (Zoning) regarding permanent supportive housing developments and low barrier navigation centers consistent with the requirements per State Law.
This, therefore, will be the Second and Final Reading of this ordinance for compliance with the notification requirements of an ordinance adoption pursuant to Government Code Sections 65090 and 65091.
RECOMMENDATION:
That the City Council conduct the second reading by title only, waiving further reading, and adopt Ordinance No. 2023-1225 approving the proposed amendment Local Coastal Program Amendment (LCPA-23-0001) of Title 19 of the Imperial Beach Municipal Code for permanent supportive housing developments and low barrier navigation centers, and finding and certifying that the proposed zoning amendment (Ordinance 2023-1225) is consistent with the Coastal Act and finding an exemption pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) (the common sense exemption).
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OPTIONS:
Direction to modify the ordinance prior to further consideration by the City Council. Continue the item and provide direction to the City Manager to obtain additional information.
BACKGROUND/ANALYSIS:
The California Legislature enacted legislation (ref. Assembly Bill (AB) 101, AB 2162, AB 1584, AB 2162, Senate Bill (SB) 1030, and SB 744) amending Government Code Sections 65650 et. seq. requiring a city to permit permanent supportive housing meeting provisions of state law “by right,” and Sections 65660 et. seq. of the California Government Code requiring a city to permit low barrier navigation centers meeting provisions of state law “by right”. Existing ordinances related to permanent supportive housing developments and low barrier navigation centers that fail to meet the requirements of the legislation are considered null and void as the City must apply the standards established within the legislation. The City's existing ordinances do not meet the state's requirements, and as such, permanent supportive housing developments and low barrier navigation centers proposed in the City of Imperial Beach are regulated by the requirements in Government Code Sections 65650 et seq. and 65660 et seq. unless the City adopts an ordinance that complies with state law.
The City adopted its Housing Element on June 16, 2021 which was certified by the California Department of Housing and Community Development on September 20, 2021. Within the Housing Element, the City has outlined goals and policies to address Imperial Beach’s housing needs which are implemented through a series of housing programs. Housing programs define the specific actions the City will undertake to achieve the stated goals and policies within the eight-year (2021-2029) planning period. Program 13 of Section 5.2.4 (Removal of Governmental Constraints) of the City’s Housing Element provides that the City will amend the zoning ordinance to allow permanent supportive housing and low barrier navigation centers. To be consistent with the requirements per California Government Code Sections 65650 et seq. and 65660 et. seq. and with the adopted Housing Element, the City is revising the Title 19 (Zoning) ordinance, to permit permanent supportive housing and low barrier navigation centers.
In general, “Supportive housing” means housing with no limit on length of stay, that is occupied by the target population (persons with low incomes who have one or more disabilities), and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving health status, and maximizing the ability to live and, when possible, work in the community. “Low Barrier Navigation Center” means a Housing First, low-barrier, serviceenriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.
Provided below is an overview of the changes included in the draft ordinance (Attachment 1):
Definitions (See Draft Ordinance, Chapter 19.04)
o 19.04.187 By right review (new)
o 19.04.526. Low barrier navigation center (new)
o 19.04.747. Supportive housing (altered existing)
o 19.04.748. Supportive housing, permanent (new)
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Residential Zoning (See Draft Ordinance, Sections 19.15.020, 19.16.020, and
19.17.020)
o Permanent supportive housing added as a permitted use Commercial and Mixed-Use Zoning (See Draft Ordinance, Sections 19.23.010,
19.26.020, 19.27.020, and 19.28.020)
o Low Barrier Navigation Center added as a permitted use o Permanent supportive housing added as a permitted use Off-Street Parking Zoning (See Draft Ordinance, Section 19.48.040) o Permanent supportive housing parking requirements
On April 5, 2023, the City Council had the first reading and introduction of Ordinance No. 2023- 1225, which would amend Title 19 (Zoning) regarding permanent supportive housing developments and low barrier navigation centers consistent with the requirements per State Law.
This, therefore, will be the Second and Final Reading of this ordinance for compliance with the notification requirements of an ordinance adoption pursuant to Government Code Sections 65090 and 65091.
LOCAL COASTAL PROGRAM AMENDMENT:
This project constitutes an amendment to the Implementation Component of the City’s certified Local Coastal Program. It proposes modifications to the Title 19 (Zoning) for permanent supportive housing developments and low barrier navigation centers. A public notice of the proposed amendments initiated a six-week/45-day public review period that began on February 9, 2023 and ended on March 27, 2023 prior to any final action being taken by the City Council on the proposed modifications, pursuant to California Code of Regulations Code §13515 (14 CCR 13515) and California Government Code §65352. The proposed amendments to Title 19 of the Imperial Beach Municipal Code would be submitted to the California Coastal Commission for review and certification for the amendment to be effective.
ENVIRONMENTAL DETERMINATION:
The ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) (the common sense exemption) because it can be seen with certainty that there is no possibility that the adoption of this ordinance may have a significant effect on the environment, in that the ordinance merely implements the provisions of state law and includes no provisions beyond those included in Government Code Sections 65650 et seq. and 65660 et seq. that that may result in a direct or indirect impact on the physical environment.
FISCAL IMPACT: None.
ATTACHMENTS:
ATT 1 – Ordinance 2023-1225
Attachment 1
ORDINANCE NO. 2023-1225
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, AMENDING TITLE 19 (ZONING) OF THE
IMPERIAL BEACH MUNICIPAL CODE TO PERMIT PERMANENT
SUPPORTIVE HOUSING AND LOW BARRIER NAVIGATION
CENTERS AS REQUIRED BY STATE LAW.
WHEREAS, Sections 65650 et seq. of the California Government Code require a city to permit permanent supportive housing meeting provisions of state law “by right;” and WHEREAS, Sections 65660 et seq. of the California Government Code require a city to permit low barrier navigation centers meeting provisions of state law “by right;” and WHEREAS, Program 13 of Section 5.2.4 (Removal of Governmental Constraints) of the City’s Housing Element, which was adopted on June 16, 2021 and subsequently approved by the California Department of Housing and Community Development, provides that the City will amend the Zoning Ordinance to allow permanent supportive housing and low barrier navigation centers; and WHEREAS, a Public Notice of Availability of Proposed General Plan/Local Coastal Program Amendments was issued, which opened a six-week public review period that ran from February 9, 2023 to March 27, 2023; and
WHEREAS, the City Council conducted a public hearing on April 5, 2023 to consider the proposed amendments to the zoning ordinance and considered all evidence, including but not limited to public testimony and the evaluations and recommendations of staff; and WHEREAS, notices of said public hearings were made at the time and in the manner required by law.
NOW, THEREFORE, the City Council of the City of Imperial Beach hereby ordains as follows:
Section 1. All of the statements set forth in the recitals above are true and correct and are incorporated herein as substantive findings.
Section 2. Title 19 (Zoning) of the Imperial Beach Municipal Code is hereby amended to read as shown in Exhibit "A" attached hereto and incorporated herein by reference.
Section 3. The City Council finds that this Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) (the common sense exemption) because it can be seen with certainty that there is no possibility that the adoption of this ordinance may have a significant effect on the environment, in that the ordinance merely implements the provisions of state law and includes no provisions beyond those included in Government Code Sections 65650 et seq. and 65660 et seq. that that may result in a direct or indirect impact on the physical environment.
Section 4. The Community Development Director or designee is hereby authorized to submit this Ordinance as part of a Local Coastal Program Amendment to the California Coastal Commission for their review and adoption.
Section 5. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of the Ordinance, or its application to any person or circumstance, is for any reason held to be invalid and unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof,
Attachment 1
irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
Section 6: This Ordinance shall take effect upon approval by the California Coastal Commission.
Section 7. The City Clerk is directed to prepare and have published a summary of this Ordinance no less than five (5) days prior to the consideration of its adoption and again within fifteen (15) days after adoption indicating votes cast.
INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of Imperial Beach held on the on the 5
th day of April, 2023; and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Imperial Beach, California, on the 19th day of April, 2023, by the following vote:
AYES: Councilmembers –
NOES: Councilmembers –
ABSENT: Councilmembers –
____________________________________
PALOMA AGUIRRE, MAYOR
ATTEST:
__________________________________
JACQUELINE M. KELLY, MMC
CITY CLERK
APPROVED AS TO FORM:
__________________________________
JENNIFER LYON
CITY ATTORNEY
Attachment 1
EXHIBIT “A”
1.) Title 19, Chapter 19.04 (Definitions), of the Imperial Beach Municipal Code is hereby amended by revisions as follows:
19.04.187 By right review
“By right review” is as defined in Government Code Section 65583.2(i). By right review does not exempt the use from design review.
19.04.526. Low barrier navigation center
“Low barrier navigation center” is a facility as defined in Government Code Section 65660(a) that meets all of the requirements of Government Code Sections 65660 et seq. (Article 12 of Chapter 3 of Division 1 of Title 7).
19.04.747. Supportive housing
“Supportive housing” means housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community pursuant to Health and Safety Code Section 50675.14(a)(B)(2). The “target population” is as defined in Government Code Section 65582(i). Pursuant to Government Code Section 65583(ac)(53), transitional housing and supportive housing shall be considered a residential use of property, and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.
19.04.748. Supportive housing, permanent
“Supportive housing, permanent” means housing as defined in Government Code Section 65650(a) serving the target population is defined in Government Code Section 65650(c) that meets all of the requirements of Government Code Sections 65650 et seq. (Article 11 of Chapter 3 of Division 1 of Title 7).
2.) Title 19, Subsection 19.15.020(A), of Chapter 19.15, R-3000 Two-Family Residential Zone, of the Imperial Beach Municipal Code is hereby amended by revisions as follows:
19.15.020. Permitted uses.
A. The following uses are permitted in the R-3000 zone, provided that all projects except Accessory Dwelling Units and Junior Accessory Dwelling Units containing two to four units shall be subject to the approval of a site plan review by the community development department and five or more units shall be subject to the approval of a site plan review by the planning commission. Permanent supportive housing shall be reviewed consistent with the provisions of Government Code Sections 65650 et seq. and subject to by right review that includes design review approval:
1. Detached or attached residential dwelling units;
2. Accessory buildings, structures and uses customarily incidental to any permitted use;
3. Private garages to accommodate not more than four cars per dwelling unit;
4. Family day care facilities as permitted in Chapter 19.64;
5. Home occupations as permitted in Chapter 19.74;
6. Swimming pools, spas and hot tubs as permitted in Chapter 19.70;
Attachment 1
7. Signs as permitted in Chapter 19.52;
8. Satellite dish antennae as permitted in Chapter 19.71;
9. Accessory Dwelling Units and Junior Accessory Dwelling Units as permitted in Chapter 19.66;
10. Permanent supportive housing with a maximum of 50 units.
3.) Title 19, Subsection 19.16.020(A), of Chapter 19.16, R-2000 Medium Density Residential Zone, of the Imperial Beach Municipal Code is hereby amended by revisions as follows:
19.16.020. Permitted uses.
A. The following uses are permitted in the R-2000 zone, provided that all projects except Accessory Dwelling Units and Junior Accessory Dwelling Units containing two or more units shall be subject to the approval of a site plan review by the community development department and five or more units shall be subject to the approval of a site plan review by the planning commission. Permanent supportive housing shall be reviewed consistent with the provisions of Government Code Sections 65650 et seq. and subject to by right review that includes design review approval:
1. Detached or attached residential dwelling units;
2. Accessory buildings, structures and uses customarily incidental to any permitted use;
3. Private garages to accommodate not more than four cars per dwelling unit;
4. Family day care facilities as permitted in Chapter 19.64;
5. Home occupations as permitted in Chapter 19.74;
6. Swimming pools, spas and hot tubs as permitted in Chapter 19.70;
7. Signs as permitted in Chapter 19.52;
8. Satellite dish antennae as permitted in Chapter 19.71.;
9. Accessory Dwelling Units and Junior Accessory Dwelling Units as permitted in Chapter 19.66.
10. Permanent supportive housing with a maximum of 50 units.
4.) Title 19, Subsection 19.17.020(A), of Chapter 19.17, R-1500 High Density Residential Zone, of the Imperial Beach Municipal Code is hereby amended by revisions as follows:
19.17.020. Permitted uses.
A. The following uses are permitted in the R-1500 zone, provided that all projects except Accessory Dwelling Units and Junior Accessory Dwelling Units containing two to four units shall be subject to the approval of a site plan review by the community development department and five or more units shall be subject to the approval of a site plan review by the planning commission. Permanent supportive housing shall be reviewed consistent with the provisions of Government Code Sections 65650 et seq. and subject to by right review that includes design review approval:
1. Detached or attached residential dwelling units;
2. Accessory buildings, structures and uses customarily incidental to any permitted use;
Attachment 1
3. Private garages to accommodate not more than four cars per dwelling unit;
4. Family day care facilities as permitted in Chapter 19.64;
5. Home occupations as permitted in Chapter 19.74;
6. Swimming pools, spas and hot tubs as permitted in Chapter 19.70;
7. Signs as permitted in Chapter 19.52;
8. Satellite dish antennae as permitted in Chapter 19.71;
9. Accessory Dwelling Units and Junior Accessory Dwelling Units as permitted in Chapter 19.66;
10. Permanent supportive housing with a maximum of 50 units.
5.) Title 19, Section 19.23.010 of Chapter 19.23, Commercial Mixed-Use Regulations, of the Imperial Beach Municipal Code is hereby amended by revisions as follows:
C/MU
-1
C/MU
-2
C/MU
-3
Notes
Commercial Uses
Adult bookstore,
adult hotel/motel,
adult mini-motion
picture theater, adult
motion picture
arcade, adult motion
picture theater,
sexual encounter
studio, rap parlor,
model studio
P N N See definitions. Subject to requirements for adultoriented businesses in Chapter 19.60.
Antique store P P P See definition.
Arcades and game
centers
C C C See definition.
Art studio, gallery,
museum
P P P See definition.
Athletic and health
clubs
P P P See definition.
Bars or cocktail
lounges
C C N See definition.
with live
entertainment
C C N See definition.
Beach equipment
rental, bike rental,
surf shop, fishing
supply
P P N
Body piercing
establishment
C N N See definition. Subject to Section 19.26.020(B)(1).
Bookstore P P P
Boutique P P P
Cabaret C N N See definition. Subject to Chapter 19.60.
Attachment 1
C/MU
-1
C/MU
-2
C/MU
-3
Notes
Campsites C N N See definition.
Cannabis permitted
use
P N N See definition and number allowed in Chapter 4.60.
Subject to the requirements of
Chapters 19.61 and 4.60.
Child day care center P P P See definition.
Clinic P P P See definition.
Dancehall C N N See definition. Subject to Chapter 19.60.
Department store P N N
Drive-in restaurant P P N See definition.
Drive-through
establishment
C N C See definition.
Fortune telling
establishment
C N N See definition. Subject to Section 19.26.020(B)(3).
Hostel C C N See definition.
Kennel C N N See definition. Subject to Section 19.74.050.
Kiosk P P P See definition. In C/MU-2: Subject to
Section 19.27.020(A)(2).
Liquor store C C N See definition.
Massage therapy
establishment
P P P See definition. Per Senate Bill 731.
Mortuary C N N
Motor vehicle sales C N N Subject to Section 19.74.070.
Palm reading
establishment
C N N See definition. Subject to Section 19.26.020(B)(3).
Pawnshop C N C See definition.
Personal
convenience services
P P P See definition.
Pool or billiard hall C C N See definition.
with live
entertainment
C C N See definition.
Postal services,
private
P P P
Professional offices,
financial institutions,
and real estate
P P P
Restaurant P P P See definition.
with live
entertainment
C C C See definition.
Retail food store P P P
Retail sales P P P See definition.
Sales of secondhand
or used merchandise
N N N See definition.
Single-family
detached
N N* N *Only permitted in Seacoast Mixed-Use/Residential Overlay Zone.
Tattoo establishment C N N See definition. Subject to Section 19.26.020(B)(4).
Residential and Similar Uses
Attachment 1
C/MU
-1
C/MU
-2
C/MU
-3
Notes
Accessory building,
structures, private
garages
C C C See definition of accessory building.
Boarding house C N N See definition.
Emergency shelter P N N See definition.
Hostel N C N See definition.
Hotel, motel, bed and
breakfast lodging, inn
(H-1, H-2, H-3, H4,
H-5)
P P P See definitions above.
Live/work unit P P P See definition.
Low barrier
navigation center
P P P See definition. Subject to review consistent with Government Code Sections 65660 et seq. and to by
right review that includes design review approval.
Mixed-use
development
P P P See definition.
Motor
home/manufactured
housing community
N N N See definitions.
Multiple-family
dwellings
P P P See definition. See requirement for active commercial uses on ground floor per
Sections 19.26.020(A)(1), 19.27.020(A)(1), 19.28.020
(A)(1).
Second-family units N N N
Senior housing,
nursing home,
retirement home
C C C See definitions.
Short-term rental P P P See definition.
Single-family
detached
N N* N *Only permitted in Seacoast Residential Overlay Zone.
Single-room
occupancy units
C N N
Supportive housing,
permanent, with a
maximum of 50 units
P P P See definition. Subject to review consistent with Government Code Sections 65650 et seq. and to by
right review that includes design review approval.
Timeshare C C N See definition.
Light Industrial Uses
Automobile
dismantling or
wrecking yard
N N N See definition.
Automobile repair or
automobile body
shop
C N N See definitions.
Automobile sales lot C N N See definition.
Automobile service
station/gas station
C N C See definition.
Energy facility C N N See definition.
Attachment 1
C/MU
-1
C/MU
-2
C/MU
-3
Notes
Equipment rental
yard
C N N
Incidental
manufacturing
C C C See definition.
Light manufacturing,
manufacturing,
industrial
N N N
Public and Semi-Public Uses
Campsites N N N See definition.
Clubs,
fraternal/veteran/serv
ice organizations
C C C Subject to
Sections 19.26.020(B)(2), 19.27.020(A)(3), 19.28.020
(A)(2).
with live
entertainment
C C C
Educational
institutions
C C N
Governmental or
quasi-public building
P P P
Library P P P
Religious assembly C C C See definition. Subject to
Sections 19.26.020(B)(2), 19.27.020(A)(3), 19.28.020
(A)(2).
Public parking lot P P P
Theatre/assembly C C C
Wireless
communication
facility
C C C See definition. Subject to Chapter 19.90.
Green Building Utilities
Green building
utilities
P P P See definition. Subject to Chapter 19.92.
Open Space and Recreation
Passive public parks P P P
Playground and
recreation areas
C C C Permitted if incidental and accessory to a permitted use.
Public riding and
hiking trails
P P P
6.) Title 19, Subsection 19.26.020(C), of Chapter 19.26. C/MU-1 General Commercial And Mixed-Use Zone, of the Imperial Beach Municipal Code is hereby amended by revisions as follows:
C. Site plan review by the City Council will be required if any of the following applies to proposed uses located in the C/MU-1 zone:
1. All proposed developments involving new construction.
2. Any addition, construction, or alteration of existing buildings resulting in an increase of ten percent or greater of the gross floor area of a commercial structure or in an individual commercial space within the structure or within a commercial shopping center.
Attachment 1
3. Any proposed use or structure requiring the approval of a conditional use permit.
4. Any development including residential dwelling units, except Accessory Dwelling Units and Junior Accessory Dwelling Units as allowed in Chapter 19.66.
5. Notwithstanding any other provisions of this subsection C, low-barrier navigation centers and permanent supportive housing shall be subject to by right review that includes design review approval.
7.) Title 19, Subsection 19.27.020(B), of Chapter 19.27, C/MU-2 Seacoast Commercial and Mixed-Use Zone, of the Imperial Beach Municipal Code is hereby amended by revisions as follows:
B. Site plan review by the City Council will be required if any of the following applies for proposed uses located in the C/MU-2 zone:
1. All proposed developments involving new construction;
2. Any addition, construction, remodeling or alteration of existing buildings resulting in an increase of ten percent or greater of the gross floor area of a commercial structure or in an individual commercial space within the structure or within a commercial shopping center;
3. Any proposed commercial use, residential use, or structure requiring the approval of a conditional use permit;
4. Any development including residential dwelling units except Accessory Dwelling Units and Junior Accessory Dwelling Units as allowed in Chapter 19.66; and
5. Public parking lots; and
6. Notwithstanding any other provisions of this subsection B, low-barrier navigation centers and permanent supportive housing shall be subject to by right review that includes design review approval.
8.) Title 19, Subsection 19.28.020(B), of Chapter 19.28, C/MU-3 Neighborhood Commercial And MixedUse Zone, of the Imperial Beach Municipal Code is hereby amended by revisions as follows:
B. Site plan review by the City Council will be required if any of the following applies for proposed uses located in the C/MU-3 zone:
1. All proposed developments involving new construction;
2. Any addition, construction, remodeling, or alteration of existing buildings resulting in an increase of ten percent or greater of the gross floor area of a commercial structure or in an individual commercial space within the structure or within a commercial shopping center;
3. Any proposed commercial use or structure requiring the approval of a conditional use permit;
4. Any development including residential dwelling units except Accessory Dwelling Units and Junior Accessory Dwelling Units as allowed in Chapter 19.66; and
5. Public parking lots; and
6. Notwithstanding any other provisions of this subsection B, low-barrier navigation centers and permanent supportive housing shall be subject to by right review that includes design review approval.
Attachment 1
9.) Title 19, Section 19.48.040, of Chapter 19.48 Off-Street Parking, of the Imperial Beach Municipal Code is hereby amended by revisions as follows:
19.48.040. Required spaces—Other residentially oriented uses.
The number of required off-street parking spaces for other residentially oriented uses shall be as follows:
A. Boarding houses, retirement homes, and clubs having sleeping rooms: two spaces plus one space for each three beds;
B. Hostels: one space per five beds, plus two total employee spaces; C. Mobile home parks, trailer parks: one and one-half spaces for each trailer space; D. Hospitals, sanitariums: one and one-half spaces for each bed.
E. Accessory Dwelling Units and Junior Accessory Dwelling Units: As specified in Chapter 19.66.
F. Permanent supportive housing: as specified in Government Code Section 65650 et seq.
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April 19, 2023
ITEM TITLE: SECOND READING AND ADOPTION OF ORDINANCE NO. 2023-1226 AMENDING TITLE 19 (ZONING) FOR URBAN LOT SPLIT SUBDIVISIONS AND TWO-UNIT RESIDENTIAL DEVELOPMENTS AS ALLOWED BY SB 9; LCP AMENDMENT (LCPA-23- 0001); & CEQA EXEMPTION. (0620-95)
ORIGINATING DEPARTMENT:
Community Development
EXECUTIVE SUMMARY:
Senate Bill 9 (SB 9) was adopted by California Legislature and signed by the Governor in September of 2021 and went into effect on January 1, 2022. The bill added Government Code Sections 65852.21, 66411.7, and amended Government Code Section 66452.6, requiring local jurisdictions to approve infill developments of up to four units in existing single-family zones, subject only to objective local standards that would permit at least two units of 800 square feet per lot in single- family zones. On March 2, 2022, the City Council passed and adopted ordinance 2022-1207 creating Imperial Beach Municipal Code Chapter 18.54 Urban Lot Split Subdivision and Two-Unit Residential Requirements providing regulations concerning urban lot split subdivisions and two-unit residential developments in single-family residential zones as allowed by SB 9. The City's existing zoning ordinances do not meet the state's requirements for urban lot split subdivisions and two-unit residential developments, and as such, to further clarify the IBMC and for Title 19 (Zoning) be consistent with the requirements per State law, the City must make revisions to the Title 19 (Zoning) ordinances.
On April 5, 2023, the City Council had the first reading and introduction of Ordinance No. 2023- 1226, which would amend IBMC Title 19 (Zoning) to provide for urban lot split subdivisions and two-unit residential developments consistent with the requirements per State Law. This, therefore, will be the Second and Final Reading of this ordinance for compliance with the notification requirements of an ordinance adoption pursuant to Government Code Sections 65090 and 65091.
RECOMMENDATION:
That the City Council conduct the second reading by title only, waiving further reading, and adopt Ordinance No. 2023-1226 approving the proposed amendment Local Coastal Program Amendment (LCPA-23-0001) of Title 19 of the Imperial Beach Municipal Code for urban lot split subdivisions and two-unit residential developments, and finding and certifying that the proposed zoning amendment (Ordinance 2023-1226) is consistent with the Coastal Act and California Environmental Quality Act (CEQA) exemption pursuant to Government Code Sections 65852.21(j) and 66411.7(n).
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OPTIONS:
Direction to modify the ordinance prior to further consideration by the City Council. Continue the item and provide direction to the City Manager to obtain additional information.
BACKGROUND/ANALYSIS:
Senate Bill 9 (SB 9) was adopted by California Legislature and signed by the Governor in September of 2021 and went into effect on January 1, 2022. The bill added Government Code Sections 65852.21, 66411.7, and amended Government Code Section 66452.6, which requires that cities and counties ministerially, without discretionary review or hearing, approve a proposed housing development containing no more than two residential units on an individual parcel within a single-family residential zone. SB 9 further requires a local agency to ministerially approve a parcel map for an urban lot split for properties in single-family residential zones, to create no more than two parcels that may each be sold separately so long as each resulting lot meets certain criteria. On March 2, 2022, the City Council passed and adopted ordinance 2022-1207 creating Imperial Beach Municipal Code Chapter 18.54 Urban Lot Split Subdivision and Two-Unit Residential Requirements providing regulations concerning urban lot split subdivisions and twounit residential developments in single-family residential zones as allowed by SB 9. The City's existing zoning ordinances do not meet the state's requirements for urban lot split subdivisions and two-unit residential developments, and as such, to further clarify the IBMC and for Title 19 (Zoning) be consistent with the requirements per State law, the City must make revisions to the Title 19 (Zoning) ordinances.
Provided below is an overview of the changes included in the draft ordinance (Attachment 1):
Definitions (See Draft Ordinance, Chapter 19.04)
o 19.04.762 Two-Unit Residential Development (new)
o 19.04.763 Urban Lot Split (new)
Zoning (See Draft Ordinance, Sections 19.12.020, 19.12.040, 19.12.050, 19.13.020,
19.13.040, 19.13050, 19.42.010, and 19.48.040)
o Allowing for two-unit residential developments as permitted in Chapter 18.54 o Requiring new lots created as part of an urban lot split be consistent with the requirements per Chapter 18.54
On April 5, 2023, the City Council had the first reading and introduction of Ordinance No. 2023- 1226, which would amend IBMC Title 19 (Zoning) to provide for urban lot split subdivisions and two-unit residential developments consistent with the requirements per State Law. This, therefore, will be the Second and Final Reading of this ordinance for compliance with the notification requirements of an ordinance adoption pursuant to Government Code Sections 65090 and 65091.
LOCAL COASTAL PROGRAM AMENDMENT:
This project constitutes an amendment to the Implementation Component of the City’s certified Local Coastal Program. It proposes modifications to the Title 19 (Zoning) for urban lot split subdivisions and two-unit residential developments in single-family residential zones as allowed by SB 9. A public notice of the proposed amendments initiated a six-week/45-day public review
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period that began on February 9, 2023 and ended on March 27, 2023 prior to any final action being taken by the City Council on the proposed modifications, pursuant to California Code of Regulations Code §13515 (14 CCR 13515) and California Government Code §65352. The proposed amendments to Title 19 of the Imperial Beach Municipal Code would be submitted to the California Coastal Commission for review and certification for the amendment to be effective.
ENVIRONMENTAL DETERMINATION:
This Ordinance is exempt from the provisions of CEQA pursuant to Government Code Sections 65852.21(j) and 66411.7(n), because the adoption of an ordinance to implement SB 9 shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
FISCAL IMPACT: None.
ATTACHMENTS:
ATT 1 – Ordinance 2023-1226
Attachment 1
ORDINANCE NO. 2023-1226
AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF IMPERIAL BEACH, CALIFORNIA, AMENDING TITLE 19 (ZONING) OF THE IMPERIAL BEACH MUNICIPAL
CODE FOR FURTHER CLARIFICATION AND CONSISTENCY PURPOSES REGARDING
URBAN LOT SPLIT SUBDIVISIONS AND TWO-UNIT RESIDENTIAL DEVELOPMENTS WHEREAS, the State Legislature adopted Senate Bill 9 (SB 9) (Chapter 162, Statutes 2021) in order to require local jurisdictions to approve infill developments of up to four units in existing single-family zones, subject only to objective local standards that would permit at least two units of 800 square feet per lot in single- family zones; and WHEREAS, the City Council of the City of Imperial Beach previously implemented SB 9 through the adoption of regulations concerning two-unit residential developments and urban lot split subdivisions in single-family residential zones as set forth in Ordinance 2022-1207 which added Chapter 18.54 to the Imperial Beach Municipal Code (IBMC); and WHEREAS, City Staff has identified some housekeeping changes that should be made to further clarify the IBMC; and
WHEREAS, the City circulated this Ordinance amending Title 19 (Zoning) for public review for a period of six weeks/45 days that ran from February 9, 2023 to March 27, 2023 pursuant to Title 14 of the California Code of Regulations section 13515 (14 CCR 13515) and California Government Code section 65352; and
WHEREAS, this Ordinance is exempt from the California Environmental Quality Act pursuant to Government Code Sections 65852.21(j) and 66411.7(n) because the adoption of an ordinance to further clarify the City’s regulations regarding SB 9 shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code; and NOW, THEREFORE, the City Council of the City of Imperial Beach does ordain as follows:
Section 1. All above statements are true and correct and are incorporated herein as substantive findings.
Section 2. That Title 19 (Zoning) of the Imperial Beach Municipal Code is hereby amended to read as shown in Exhibit “A” attached hereto and incorporated herein by reference.
Section 3. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
Section 4. This Ordinance shall take effect either thirty (30) days after passage or upon approval by the California Coastal Commission, whichever occurs later.
Ordinance No. 2023-1226
2 Section 5. The City Clerk is directed to prepare and have published a summary of this Ordinance no less than five (5) days prior to the consideration of its adoption and again within fifteen (15) days following adoption indicating votes cast.
INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of Imperial Beach, California, on the 5
th day of April, 2023; and
THEREAFTER ADOPTED at a regular meeting of the City Council of the City of Imperial Beach, California, on the 19th day of April, 2023, by the following vote:
AYES: Councilmembers –
NOES: Councilmembers –
ABSTAIN: Councilmembers –
ABSENT: Councilmembers –
__________________________________
PALOMA AGUIRRE, MAYOR
ATTEST:
__________________________
JACQUELINE KELLY
CITY CLERK
APPROVED AS TO FORM:
_________________________
JENNIFER M. LYON
CITY ATTORNEY
Ordinance No. 2023-1226
3 EXHIBIT “A”
1.) Title 19, Chapter 19.04, of the Imperial Beach Municipal Code is hereby amended by revisions as follows (underline represents language to be added and strikeout represents text to be deleted):
19.04.762 Two-Unit Residential Development.
“Two-unit residential development” is a housing development that contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing unit and is in compliance with all the requirements specified in Chapter 18.54 of the Imperial Beach Municipal Code.
19.04.7624 Urban Open Space
“Urban open space” means any usable space accessible to the general public that is one thousand square feet or greater in size such as plazas, parks, etc.
19.04.763. Urban Lot Split.
“Urban Lot Split” is the subdivision of an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision and is in compliance with all the requirements specified in Chapter 18.54 of the Imperial Beach Municipal Code.
2.) Title 19, Chapter 19.12, of the Imperial Beach Municipal Code is hereby amended by revisions as follows (underline represents language to be added):
19.12.020(A) Permitted uses.
A. The following uses are permitted in the R-1-6000 zone:
1. One single-family detached dwelling per lot;
2. Accessory buildings, structures and uses customarily incidental to any permitted use;
3. Private garages to accommodate not more than four cars per dwelling unit;
4. Family day care facilities as permitted in Chapter 19.64;
5. Home occupations as permitted in Chapter 19.74;
6. Swimming pools, spas and hot tubs as permitted in Chapter 19.70;
7. Signs as permitted in Chapter 19.52;
8. Satellite dish antennae as permitted in Chapter 19.71.;
9. Accessory Dwelling Units and Junior Accessory Dwelling Units as permitted in Chapter
19.66. 10. Two-unit residential developments as permitted in Chapter 18.54.
19.12.040. Minimum lot size
The minimum lot size for any new lot created in the R-1-6000 zone shall be six thousand square feet (for related provisions concerning small lots see Chapter 19.42.). New lots created as part of an urban lot split as defined in this Chapter must be in compliance with the lot size and width requirements specified in Chapter 18.54.
Ordinance No. 2023-1226
4 19.12.050. Frontage
Every new lot created in an R-1-6000 zone shall have minimum width along a street of sixty feet (for related provisions concerning small lots see Chapter 19.42.). New lots created as part of an urban lot split as defined in this Chapter must be in compliance with the frontage requirements specified in Chapter 18.54.
3.) Title 19, Chapter 19.13, of the Imperial Beach Municipal Code is hereby amended by revisions as follows (underline represents language to be added):
19.13.020. Permitted uses.
The following uses are permitted in the R-1-3800 zone:
A. One single-family detached dwelling per lot;
B. Accessory buildings, structures and uses customarily incidental to any permitted use; C. Private garages to accommodate not more than four cars per dwelling unit; D. Family day care facilities as permitted in Chapter 19.64; E. Home occupations as permitted in Chapter 19.74;
F. Swimming pools, spas and hot tubs as permitted in Chapter 19.70; G. Signs as permitted in Chapter 19.52;
H. Satellite dish antennae as permitted in Chapter 19.71.; I. Accessory Dwelling Units and Junior Accessory Dwelling Units as permitted in Chapter
19.66. J. Two-unit residential developments as permitted in Chapter 18.54.
19.13.040. Minimum lot size.
The minimum lot size for any new lot created in the R-1-3800 zone shall be three thousand eight hundred square feet, (for related provisions concerning small lots, see Sections 19.42.). New lots created as part of an urban lot split as defined in this Chapter must be in compliance with all the lot size and width requirements specified in Chapter 18.54.
19.13.050. Frontage.
Every new lot created in an R-1-3800 zone shall have minimum width along a street of fifty feet (for related provisions concerning small lots, see Chapter 19.42.). New lots created as part of an urban lot split as defined in this Chapter must be in compliance with the frontage requirements specified in Chapter 18.54.
4.) Title 19, Chapter 19.42, of the Imperial Beach Municipal Code is hereby amended as shown below (underline represents language to be added):
19.42.010. Reduction prohibited—Exception.
No lot shall be so reduced or diminished that the area, street frontage, yard or other open space is smaller than prescribed by this Title or as allowed in Chapter 18.54, nor shall the density be increased in manner except in conformity with the regulations established by this Title. (Ord. 94-884; Ord. 601 § 1, 1983)
Ordinance No. 2023-1226
5 5.) Title 19, Chapter 19.48, of the Imperial Beach Municipal Code is hereby amended by revisions as follows (underline represents language to be added):
19.48.040. Required spaces—Other residentially oriented uses.
The number of required off-street parking spaces for other residentially oriented uses shall be as follows:
A. Boarding houses, retirement homes, and clubs having sleeping rooms: two spaces plus one space for each three beds;
B. Hostels: one space per five beds, plus two total employee spaces; C. Mobile home parks, trailer parks: one and one-half spaces for each trailer space; D. Hospitals, sanitariums: one and one-half spaces for each bed.
E. Accessory Dwelling Units and Junior Accessory Dwelling Units: As specified in Chapter
19.66. F. Two-unit residential developments: as specified in Chapter 18.54.
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April 19, 2023
ITEM TITLE: ORDINANCE NO. 2023-1227 – AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, AMENDING ORDINANCE NO. 2022-1220 TO EXTEND THE EXPIRATION THEREOF RELATED TO REGULATIONS FOR MOBILE HOME PARKS AND RV PARKS. (0660-95)
ORIGINATING DEPARTMENT:
City Manager
EXECUTIVE SUMMARY:
The City Council has been made aware of issues related to evictions and rent increases at local mobile home and recreational vehicle parks within the City. The County of San Diego declared a public health crisis for homelessness on September 27, 2022. On October 5, 2022, the City Council approved Ordinance No. 2022-1220 which enacted an immediate moratorium on evictions and rent increases beyond the state law maximum in mobile home parks and recreational vehicle parks in the City. It also includes anti-harassment protections for tenants of mobile home parks. Such ordinance will expire 60 days after the Council terminated the local emergency for Covid 19, which was done on March 1, 2023. If approved, the attached ordinance will extend the expiration of Ordinance No. 2022-1220 by 60 additional days (to June 29, 2023).
RECOMMENDATION:
That the City Council consider Urgency Ordinance No. 2023-1227.
OPTIONS:
Adopt Urgency Ordinance No. 2023-1227 by a four-fifths vote; Do not adopt ordinance; or
Provide further direction to City Staff.
ANALYSIS:
The attached ordinance is submitted at the request of the Mayor to extend the expiration of Ordinance 2022-1220 by 60 days. The County public health crisis on homelessness still exists, and the homeless crisis is worse than ever throughout San Diego County. If residents are displaced, they will likely fall into homelessness.
Government Code sections 36934 and 36937 empower the City Council to adopt an urgency ordinance that becomes immediately effective if the ordinance is proposed in the interest of health
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and safety. As such, this ordinance would become effective immediately if adopted by a fourfifths vote of the City Council via Ordinance No. 2023-1227.
ENVIRONMENTAL DETERMINATION:
This is not a project pursuant to CEQA Guidelines Section 1538(b)(5) (organizational or administrative activities). Further, this is exempt pursuant to CEQA Guidelines Section 15359 (Emergency). This action is necessary to address a sudden and unexpected occurrence involving a clear and imminent danger, demanding immediate action to prevent or mitigate the loss of, or damage to, life, health, property, or essential public services.
FISCAL IMPACT:
N/A
ATTACHMENTS:
1. Ordinance 2023-1227- Urgency Ordinance
Attachment 1
ORDINANCE 2023-1227
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, AMENDING ORDINANCE NO. 2022-1220 TO EXTEND THE EXPIRATION
THEREOF RELATED TO REGULATIONS FOR MOBILE HOME PARKS AND RV PARKS WHEREAS, Ordinance No. 2022-1220, incorporated herein by this reference, is an urgency ordinance adopted by the City Council on October 5, 2022 which is set to expire 60 days after March 1, 2023 (the date that the City Council terminated the local emergency related to Covid 19); and
WHEREAS, the County of San Diego’s declaration of a public health crisis for homelessness throughout the County of San Diego still exists, and the homeless crisis throughout San Diego County is worse than ever; and
WHEREAS, the City is still in the process of studying the need for more permanent rent stabilization policies and eviction policies in mobile home parks to further protect residents and prevent more people from becoming homeless during this public health crisis; and WHEREAS, the City Council desires the extend the expiration of Ordinance 2022-1220 by sixty days; and
WHEREAS, this ordinance is exempt from review under the California Environmental Quality Act (CEQA; California Public Resources Code Section 2100 et seq.) and CEQA regulations (Title 14, California Code of Regulations Section 15000, et seq.) because this ordinance is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment (Section 15061(b)(3)).
NOW, THEREFORE, the City Council of the City of Imperial Beach does ordain as follows:
SECTION 1. The above recitals are true and correct and are incorporated herein as findings as though set forth in full.
SECTION 2. Section 5 of Ordinance No. 2022-1220 is amended to read as follows:
Pursuant to Government Code Section 36936, this ordinance shall be effective immediately upon its adoption by a 4/5ths vote of the City Council and shall remain in effect until 60 120 days after the: (1) end of the local emergency declared by the City Council or (2) end of the County of San Diego public health crisis on homelessness, whichever occurs first.
SECTION 3. This ordinance is intended to supplement, not to duplicate or contradict, applicable state and federal law and shall be interpreted in light of that intent.
SECTION 4. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences,
Ordinance 2023-1227
clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
SECTION 5. Pursuant to Government Code Section 36936, this ordinance shall be effective immediately upon its adoption by a 4/5ths vote of the City Council.
SECTION 6. The City Clerk is hereby directed to certify the passage of this ordinance and to cause the same or a summary to be published one time within 15 days of its passage in a newspaper of general circulation for the City of Imperial Beach.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its regular meeting held on the 19th day of April 2023, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
NONE
NONE
PALOMA AGUIRRE, MAYOR
ATTEST:
JACQUELINE M. KELLY, CMC
CITY CLERK
APPROVED AS TO FORM:
JENNIFER M. LYON,
CITY ATTORNEY
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April 19, 2023
ITEM TITLE: BUCKEYE INVESTMENTS, INC. (APPLICANT); CONSTRUCTION OF A MIXEDUSE BUILDING WITH GROUND FLOOR COMMERCIAL AND EIGHT RESIDENTIAL CONDOMINIUM UNITS AND CEQA GUIDELINES EXEMPTION SECTION 15332 AT 757 SEACOAST DRIVE (APN 625-192-04-00) USE-22-0088. (0600-20) ORIGINATING DEPARTMENT:
Community Development
EXECUTIVE SUMMARY:
The owner of a property at 757 Seacoast Drive, which is in the C/MU-2 (Seacoast Commercial and Mixed-Use) Zone, has initiated the process to demolish the existing structures and construct a new mixed-use project with eight residential condominium units. The mixed-use building is fronting Seacoast Drive with the front of the building including a ground floor commercial space measuring approximately 2,700 square feet and five residential condominium units on the second and third stories each with a roof deck. The rear of the building includes a residential unit on the ground floor with two additional units on the second and third stories each with a roof deck. The project was reviewed by the Design Review Board on February 16, 2023 and the Design Review Board recommended approval of the project’s design with conditions with a vote of 3-1 (1 absent).
RECOMMENDATION:
That the City Council adopt Resolution 2023-30, approving Regular Coastal Development Permit (CP-22-0012), Conditional Use Permit (CUP-22-0011), Design Review Case (DRC- 22-0024), Site Plan Review (SPR-22-0025), Tentative Map (TM- 22-0002), and categorical exemption pursuant to the California Environmental Quality Act (CEQA) guidelines 15332 Class 32 (In-Fill Development Projects) at 757 Seacoast Drive (APN 625-192-04-00), which is located 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 (USE-22-0088) was submitted to the City for a Regular Coastal Development Permit (CP-22-0012), Conditional Use Permit (CUP-22-0011), Design Review Case (DRC- 22-
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0024), Site Plan Review (SPR22-0025), and Tentative Map (TM- 22-0002) proposing to
demolish the existing buildings
and construct a new mixed-use
project with approximately
2,700 square feet of
commercial space and eight
residential condominium units
at 757 Seacoast Drive (APN
625-192-04-00) in the C/MU-2
(Seacoast Commercial and
Mixed Use) Zone. The project
site fronts Seacoast Drive and
the project would include the
consolidation of four existing
lots into a single 10,608 square foot lot. The areas to the north, south, and west are also located in the C/MU-2 (Seacoast Commercial & Mixed-Use) Zone and include the IB Club (mixed-use building) and multifamily residences. The area to the east of the project site is an alley and residential uses. The single-family residence to the east is zoned R-2000 (Medium Density Residential).
The project involves the demolition of the three existing structures and the construction of a new vertical mixed-use structure. The vertical mixed-use building would front Seacoast Drive with the front of the building including a ground floor commercial space measuring approximately 2,700 square feet with a 1,100 square foot open patio, and five residential condominium units on the second and third stories each with a roof deck. The rear of the building includes a residential unit on the ground floor with two additional units on the second and third stories each with a roof deck.
The two existing curb cuts, one on Seacoast Drive and one on Donax Avenue, would be removed and all vehicular access would be provided off of the alley.
Building Orientation: The proposed building orientation provides one vertical mixed-use building.
The portion of the building fronting Seacoast Drive is a vertical mixed-use building that includes a 2,700 square foot ground floor commercial space with a covered 1,100 square foot open patio seating area surrounded by a 36” tall cement board fence with two openings to provide direct pedestrian access from the sidewalk fronting Seacoast Drive to the business entrances. Directly above the commercial space are five (5) residential units that are comprised of the second and third stories of the front of the building and each include a second story deck. The rear of the building includes a residential unit on the ground floor with two additional units comprised of the second and third stories each with a roof deck. Access to the residential units is provided from an enclosed staircase that has two entrances. The enclosed staircase entrances are oriented towards the northern elevation and southern elevation but is accessible from a covered common pedestrian walkway that may be accessed from Donax Avenue or a walkway that is adjacent to the northern elevation accessed from Seacoast Drive or the project parking area.
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Building design and materials: The building architectural style would be modern, with the primary colors including La Habra Crystal White and La Habra Tuxedo exterior stucco, James Hardie Mountain Sage Cement fiber siding and accent colors including black metal window framing, bronze anodized garage framing with clear glass, cement board fencing and bronze anodized aluminum sunshades. The design conforms to the intent and purpose of the design standards outlined in IBMC Section 19.83.010 and contributes positively to the Seacoast Drive corridor, which is primarily comprised of commercial buildings and multi-family residences in the vicinity of the project site.
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Lighting: Exterior lighting has been incorporated on building elevations to enhance the architecture of the building and landscaped areas of the site. Additionally, there are lighting fixtures placed on the walls of the interior of the parking areas to ensure that the lighting would enhance safety and circulation as well as not impact the surrounding neighbors and uses. All of the lighting and lighting fixtures are architecturally compatible and scaled to the buildings with consideration for energy efficiency.
Landscaping: Typically, new commercial development requires that 15% of the total site be landscaped. The project proposes to install a total of 1,592 square feet (15%) of planted landscaping consisting of a mix of trees, shrubs and perennials, and mulch ground cover. 11 trees would locate throughout the site; with three trees along the northern perimeter screening the view of the trash enclosure from Seacoast Drive, five trees fronting Seacoast Drive, and three trees adjacent to the southern property line. Smaller shrubs and flowering plants would be adjacent to the walkway leading to the residential enclosed staircase entrance.
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Building Height: The overall height of the proposed structure, including the roof decks and parapets, is 34-feet and two inches for the vertical-mixed use building.
Ground-Floor Retail Floor-to-Ceiling Dimension: Imperial Beach Municipal Code Section
19.27.070(B) requires that all commercial spaces on the ground floor to provide a minimum 15- foot floor-to-ceiling height. The applicant is providing the commercial vertical floor-to-ceiling height of 15-feet with open web trusses, the measurement from the floor to the bottom of the trusses is 13-feet 6-inches.
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Parking: The project is proposing to provide a total of 11 parking spaces. The project is providing eight covered parking spaces, (two 100% enclosed garage spaces and six covered parking spaces); two open commercial parking spaces; and one uncovered ADA commercial parking space. The project would provide Transportation Demand Management (TDM), including bicycle racks (for eight bicycles), map of the bike routes, transit subsidies for commercial employees, and posting bus route and schedule signage to encourage transit use and pedestrian/bike (multimodal) use.
Of note, similar development projects within the City have incorporated additional Transportation Demand Management (TDM) strategies including electric bike charging stations, purchasing/dedicating electric bikes for all residential units, and have provided a rent reduction incentive for tenants with zero vehicles.
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Design Review Board:
The Design Review Board reviewed the project on February 16, 2023, and recommended approval of the project’s design with a vote of 3-1 (1 member absent, see Attachment 7) with the following conditions:
Incorporate additional varied stepbacks and setbacks along the southern and western elevations
Stagger and stepback the second story decks facing Seacoast Drive Provide variations in roof form and height to provide variation in the building massing and primary facades
Consider additional transportation demand management strategies Consider a design that would enhance the amount of parking available or maximize that parking available for the site, potentially reallocating space for parking purposes All proposed/potential projections, mechanical or otherwise, where feasible must be below the maximum allowable building height and must be adequately screened Incorporate enclosed clear tempered glass screening to the patio area fronting Seacoast Drive
Include secure bicycle rack storage and equipment storage for the residents while maintaining the proposed bicycle rack
Include posted bike routes with the bus routes
For unit 7, replace the glass material that screens the deck area with an opaque screening material to enhance privacy
Enhance and increase the total amount of plants provided in the planted landscaping area Replace the trees that are currently proposed with shade trees that are taller
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Assess the safety of the lighting in the parking area and enhance it as needed to increase safety
The overhang elements should be made flush all the way across the third floor instead of separated
Replace the metal railing for the decks with glass
Match the exterior materials of the trash enclosure with the primary building materials Remove the brick wall in between/separating the parking areas and replace them with pillars or an alternative design that can be walked/seen through Provide additional details on the project plans that would show the finished aesthetic of the building with the intended use of the commercial space Show any proposed internal drains, scuppers, downspouts, or gutters to show how stormwater would drain from the roof top
Most of the recommendations have been addressed and incorporated into the project/plans and/or have been provided as conditions of approval within Resolution 2023-30. Regarding the comment, “Consider a design that would enhance the amount of parking available or maximize that parking available for the site, potentially reallocating space for parking purposes,” the applicant stated that no other parking spaces can be accommodated on site as the proposed layout for the project includes a ground floor commercial space and ground floor residential unit which are required to meet California Building Code requirements.
Regarding the comments, “Enhance and increase the total amount of plants provided in the planted landscaping area,” and “Replace the trees that are currently proposed with shade trees that are taller,” the applicant stated that the landscape architect reviewed and determined that increasing the density of any proposed planting areas would not be possible as adding more plants to the existing plan would put all the landscaping at risk to not properly grow. Additionally, the somewhat lighter density of plants at the southeast corner of the site is to allow access for utility meters. The applicant further stated that there are already three large existing street trees on Donax Avenue, and while they proposed to plant new trees on site, the applicant did not want larger trees as they would draw an excess amount of water for irrigation, block views for neighbors and also can risk damage to the building when planted too close to the foundation.
Regarding the comment, “The overhang elements should be made flush all the way across the third floor instead of separated”, the applicant stated that the change does not fit the aesthetic of the building and that the large overhang would be complicated to build, install and maintain.
Additionally, the applicant further stated that separating the overhang helps to break up the elevations and maximize the variation in the building facade.
Regarding the comment, “Provide additional details on the project plans that would show the finished aesthetic of the building with the intended use of the commercial space,” the applicant stated that there is currently no proposed use for the commercial space. Any future building tenant would be required to complete a tenant improvement building permit and have substantial conformance with the approved design/exterior look. However, the applicant removed a strip of the slab to accommodate for potential future plumbing configurations.
General Plan/ Zoning 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
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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). To promote and facilitate the development of vertical mixed-use projects with ground floor commercial spaces that would activate the Seacoast Drive corridor, pursuant to the processing of a conditional use permit for such developments, the City Council may increase the maximum density of a site, reduce the off-street parking requirements, and increase the overall building height provided the applicant demonstrates compliance with two or more development incentives consistent with IBMC Section 19.27.020(A)(5). (IBMC Sections
19.27.020(A)(5), 19.27.070(A)(2), and 19.48.050(J)). The applicant is applying for a conditional use permit to provide a 25% reduction in the required off-street parking requirement, an increase in the building height from 30-feet to 34-feet and two-inches (35-foot height limit), and an increase in density from one unit per 1,500 square feet to one unit per 1,210 square feet. The applicant is proposing to incorporate two development incentives for the conditional use permit: providing 84% of active commercial uses on the ground floor and by providing additional plaza open space.
Regarding parking, vertical mixed-use projects require one parking space per 1,000 gross square feet of commercial space and 1.5 spaces per dwelling unit for multi-family residential projects in the C/MU-2 zone, and a 25% reduction for the off-street parking requirements for vertical mixeduse projects with the approval of a conditional use permit (IBMC Section 19.48.050.J). The ability to reduce parking requirements was provided within the Municipal Code in an effort to promote mixed-use development within the commercial mixed-use within the City, encourage reduction of greenhouse gas emissions, and reduce the demand for vehicular uses/parking. The project would typically require a total of 15 parking spaces (three commercial spaces and 12 spaces for eight residential units). The applicant is proposing a 25% reduction in the parking requirement providing 11 parking spaces to accommodate the project design. They are proposing to also incorporate Transportation Demand Management (TDM), including bicycle racks (for eight bicycles), transit subsidies for the commercial employees, and posting bus route and schedule signage to encourage transit use and pedestrian/bike (multimodal) use.
The project design conforms with the underlying zoning requirements and proposes a vertical mixed-use building providing ground floor commercial and residential units which meets the purpose and intent of the land use designation.
C/MU-2 STANDARDS PROVIDED/PROPOSED
Maximum density of one dwelling unit for
every one thousand five hundred gross square
feet of lot area; residential dwelling units may
be increased to a maximum density of one
dwelling unit for each one thousand two
hundred 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 10,608 square feet,
which would allow for 8 residential units
(10,608/1,210= 8.76).
Yard requirements for the C/MU-2 zone are as
follows:
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A. On property fronting on Seacoast
Drive, the front of each building shall
be set on the front property line. For
purposes of this requirement an
arcade is considered a part of the
building. For lots not fronting on
Seacoast Drive there are no front,
side, or rear yard setbacks in the
C/MU-2 zone except as follows:
B. For lots not fronting on Seacoast Drive
there are no front, side, or rear yard
setbacks in the C/MU-2 zone.
C. A five-foot rear and/or side yard
setback is required for properties
abutting any property zoned R-2000;
D. The open space and landscaping
requirements as stated in Chapter
19.50 of this code shall be met.
A. The project fronts Seacoast Drive. The
vertical mixed-use building includes a
commercial building on the ground floor
located along Seacoast Drive and it is
intended that the patio area along the street
contributes to the active commercial use
area. IBMC Section 19.04.017 defines
active commercial uses as those that
generate/contribute to a high level of
pedestrian activity, sidewalk traffic, and
active streets.
B. The project provides a 7’ side yard setback
to the north and a 5’ side yard setback to
the south.
C. The rear yard of the project abuts an alley
to the east and measures approximately 5’.
A single-family residence is located in the
R-2000 Zone, east of the alley.
D. 15% of the site must be landscaped, and
15% is provided.
“Active Commercial Uses” as defined in
Chapter 19.05 are required for all buildings
with frontage along Seacoast Drive at a
minimum of 60% of each building’s ground
floor lineal footage, have direct pedestrian
access from the Seacoast Drive sidewalk or a
plaza, and have a minimum building depth of
twenty-five feet. The remaining forty percent
must either be primarily related to the
commercial use, such as parking, access, or
other non-active commercial purpose or, if
related to non-commercial use, must be
designed either to encourage and promote
pedestrian activity or to visually screen
required on-site parking (Section
19.27.020.A.1).
The project fronts Seacoast Drive. The vertical
mixed-use building includes a commercial
building on the ground floor located along
Seacoast Drive and it is intended that the patio
area along the street contributes to the active
commercial use area. IBMC Section 19.04.017
defines active commercial uses as those that
generate/contribute to a high level of
pedestrian activity, sidewalk traffic, and active
streets.
Areas along the frontage that provide direct
pedestrian access to the commercial building
or usable plazas exceed 60% of the frontage.
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 property line and the thirdfloor stepback shall be a minimum of ten feet from the abutting residential
property line.
A. The project provides a 5’ setback. An
additional stepback is not required.
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B. On properties fronting Seacoast Drive,
an upper-story setback of five to ten
feet is required for a minimum of fifty
percent of street-facing façades along
Seacoast Drive. (Section 19.27.041)
B. The second story deck fronting Seacoast
Drive is varied providing 2’-0” to 4’-5” from
the western property line (PL) and the face
of the building is 10’-5” setback from the PL.
The third story fronting Seacoast Drive
provides a stepback of 7’-5” to 8’-5” from
the western PL.
Minimum lot size of 3,000 square-feet (Section
19.27.050).
The lot size would measure 10,608 square feet.
Minimum street frontage of 30 feet (Section
19.27.060).
The Seacoast Drive frontage is approximately
105.09 feet and the Donax Avenue frontage is
100.97 feet.
Maximum building height of three stories or 30
feet (Section 19.27.070). Properties east of
Seacoast Drive that do not provide exclusively
residential uses 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 34’-
2”.
a. The project provides a 5’ side yard
setback to the south (Donax Avenue).
The second story deck fronting Seacoast Drive
is 2’-7” from the western property line (PL) and
the face of the building is 10’-5” setback from
the PL.
The third story fronting Seacoast Drive
provides a stepback of 7’-5” to 8’-5” from the
western PL.
b. The project proposes an open plaza
area and 84% active commercial uses on the
ground floor.
The applicant will be required to show
conformance with the height requirement as
required by IBMC 19.04.400.
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All commercial spaces on the ground floor
shall have a minimum fifteen-foot floor-toceiling height; and single-story commercial buildings shall have a minimum building height
of twenty feet. (Section 19.27.070).
The project is proposing a floor-to-ceiling height
of 15 feet for the commercial ground floor of the
vertical mixed-use building.
No buildings shall be located less than five
feet from any other building on the same lot.
(Section 19.26.080)
No buildings shall be located less than five feet
from any other building on the same lot.
Landscaping requirements are as follows
(Section 19.50.030, Commercial
Landscaping):
A. Not less than fifteen percent of the total
site shall be landscaped and
permanently maintained.
B. There shall be a five-foot-wide
landscape area between any parking
area and any public street right-of-way.
C. A portion of a property not used for
buildings, parking, walkways, loading
or storage areas shall be landscaped.
D. There shall be a minimum three-foot by
fifteen-foot, or forty-five square foot,
landscaped area within the parking
area (not including perimeter area
landscaping) for every three parking
spaces or the equivalent. A minimum
width of three feet is required. A fourfoot by fifteen-foot area may be permitted for every four spaces, fivefoot-wide for five spaces, etc.
E. Prior to issuance of any building
permits, a complete landscaping plan
shall be submitted to the Community
Development Department for
approval. Such approval shall be
subject to appeal in the manner set
A. The 10,608 square foot lot requires a
minimum of 1591.2 square feet of
landscaping (10,608 x .15 = 1,591.2). 1,592
square feet of landscaping is proposed
(15%).
B. There is no parking area near the public
right-of-way.
C. Portions of a property not used for
buildings, parking, walkways, loading or
storage are landscaped.
D. The project provides adequate landscaping
in the surface parking spaces.
E. A complete landscape plan would be
required prior to issuance of building
permits.
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forth in Sections 19.84.070 through
19.84.090.
F. Landscaping and required watering
system shall be installed prior to the
use of the premises. All landscaping
material in required landscaping areas
shall be permanently maintained in a
growing and healthy condition,
including trimming, as appropriate to
the landscaping material.
G. A permanent irrigation system shall be
installed to serve all landscaped areas.
F. Landscaping and required watering system
shall be installed prior to the use of the
premises subject to state requirements.
G. A permanent irrigation system shall be
installed to serve all landscaped areas
subject to state requirements.
Required parking spaces for multiple-family
residential in the C/MU-2 Zone: 1.5 spaces
per dwelling unit (IBMC Section 19.48.035).
The C/MU-2 Zone requires 1 space per 1,000
gross square feet of commercial space. (IBMC
Section 19.48.035).
For mixed-use development of multiple-family
residential over commercial use, required
parking may be reduced by up to twenty-five
percent with approval of a conditional use
permit.
8 residential units would require 12 parking
spaces (6x1.5 = 9).
2,700 square feet of commercial space would
require 3 parking spaces (2,700/1000 = 2.7 =
3).
The 25% reduction in the parking requirements
would be 11 parking spaces. (15x25%=3.75)
(15-3.75= 11.25= 11)
The project provides 11 parking spaces. Eight
covered parking spaces (one per residential
unit), two open commercial parking spaces,
and one ADA accessible open parking space.
Surrounding Land Use and Zoning:
Surrounding
Properties Surrounding Zoning Surrounding Land Use
North C/MU-2 (Seacoast Commercial and Mixed Use) Multi-family Residential South C/MU-2 (Seacoast Commercial and Mixed Use) Multi-family Residential East R-2000 (Medium Density Residential) Alley and Single-Family Residential
West C/MU-2 (Seacoast Commercial and Mixed Use) Mixed-Use
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COASTAL JURISDICTION:
This project is located in the coastal zone as defined by the California Coastal Act of 1976. At a future meeting 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. 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, would be appealable to the California Coastal Commission under Section 30603(a) of the California Public Resources Code.
ENVIRONMENTAL DETERMINATION:
The project may be categorically exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15332 (In-Fill Development Projects).
FISCAL IMPACT:
The Applicant has deposited $11,500.00 to fund processing of the application.
ATTACHMENTS:
ATT 1 - Resolution 2023-30
ATT 2 - Project Plans
ATT 3 - Project Renderings
ATT 4 - Colored Elevations and Landscape Plan
ATT 5 - Materials Board
ATT 6 - Applicant Response to DRB Comments
ATT 7 - 02-16-2023 DRB Regular Meeting Minutes - DRAFT
c: file MF 1465/USE-22-0088
ATTACHMENT 1
RESOLUTION NO. 2023-30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, APPROVING REGULAR COASTAL PERMIT (CP-22-0012), CONDITIONAL USE PERMIT (CUP-22-0011), DESIGN REVIEW CASE (DRC- 22-0024), SITE PLAN REVIEW (SPR-22-0025), AND TENTATIVE MAP (TM-22-0002); AND CATEGORICAL EXEMPTION PURSUANT TO CEQA GUIDELINES SECTION 15332 CLASS 32 (IN-FILL DEVELOPMENT PROJECTS) FOR
THE CONSTRUCTION OF A NEW MIXED-USE DEVELOPMENT WITH EIGHT RESIDENTIAL CONDOMINIUM UNITS, AND APPROXIMATELY 2,700 SQUARE FEET OF COMMERCIAL SPACE AT 757 SEACOAST DRIVE (APN 625-192-04-00). USE-22-0088.
WHEREAS, on April 19, 2023 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-22-0011), Design Review Case (DRC-22-0024), Site Plan Review (SPR-22-0025), Tentative Map (TM-22-002), and Categorical Exemption pursuant to CEQA Guidelines 15332 Class 32 (In-Fill Development) for the construction of a new mixeduse development with eight residential condominium units and approximately 2,700 square feet of commercial space at 757 Seacoast Drive (APN 625-192-04-00), which is located in the C/MU2 (Seacoast Commercial & Mixed Use) Zone.
WHEREAS, on February 16, 2023 the Design Review Board recommended approval of the project’s design with conditions with a vote of 3-1 (1 absent); and WHEREAS, the City Council finds that the project design of the residential project 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 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 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:
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. 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 project would provide a commercial use (restaurant) with an open patio as well as eight residential units which would serve both the local and the tourist population, meeting the intent of the land use designation. In addition, the project would encourage pedestrian activity through the design and location and alternative methods of transportation reducing the demand for
Resolution No. 2023-30
vehicle uses. Also, the project would have no impact to existing shore processes, public access, coastal views, or scenic views because the project complies with the Municipal Code, does not exceed the height limit, and does not build in any areas with street end or other views. The project site is located in an appealable coastal zone and complies with the land use designation of the General Plan/Local Coastal Plan.
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 project site is located between the seaward of the first public road. The General Plan/Local Coastal Program 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. 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 project would provide a commercial use (restaurant) with an open patio as well as eight residential units which would serve both the local and the tourist population, meeting the intent of the land use designation. In addition, the project would encourage pedestrian activity through the design and location and alternative methods of transportation reducing the demand for vehicle uses. Also, the project would have no impact to existing shore processes, public access, coastal views, or scenic views because the project complies with the Municipal Code, does not exceed the height limit, and does not build in any areas with street end or other views. As such, the proposed development meets standards for public access and recreation of Chapter Three of the 1976 Coastal Act and regulations promulgated thereunder.
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.
The proposed development has been 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 as further specified within the findings of this Resolution. The proposed project will comply with all of the regulations and conditions for the Zoning Ordinance, and any other conditions noted in this Resolution.
The municipal code (reference IBMC Sections 19.27.020(A)(5), 19.27.070(A)(2), and
19.48.035) allows for an increase in density of one dwelling unit for each one thousand two hundred ten gross square feet of lot area, an increase in height from 30’ to 35’, and a 25% reduction in required off-street parking with approval of a conditional use permit by the City Council. The project is a vertical mixed-use project providing eight (8) new residential dwelling units with the increased density provided through a conditional use permit. To facilitate the development, the project is providing the development incentives (ref. IBMC Section 19.27.020(A)) of 84% of the frontage as active commercial use and is providing an increased plaza open space area.
The project is providing a building height of 34’-2” in height as it would accommodate the floor to ceiling height of 15’ for the ground floor commercial space and provide adequate roof top screening for mechanical equipment locating on the roof, benefitting the surrounding neighborhood. Additionally, there are extraordinary circumstances due to the location of the property and its proximity to the beach. The increase in height is not
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detrimental to adjacent property and does not adversely affect the General Plan or Local Coastal Program.
With regards to parking, a 25% reduction of the parking spaces provided is proposed because the project is intended to enhance the pedestrian corridor and provide active commercial uses. The applicant was not able to provide a feasible method of providing off-street parking in addition to accommodating the layout. The inclusion of a commercial space on the ground floor with direct pedestrian access from the Seacoast Drive sidewalk meets the purpose of the C/MU-2 Zone (IBMC Section 19.27.020), which is 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 Municipal Code specifically allows for a 25% reduction of parking for projects that are proposing a vertical mixed-use structure. To help offset the parking impacts, the project is implementing transportation demand management strategies to reduce the demand for vehicle usage. Further, the General Plan and Local Coastal Plan encourages designs that reduce the demand of vehicle usage and enhance pedestrian use/access in the Seacoast Drive and commercial/mixed-use areas to improve the pedestrian atmosphere and/or improved design, particularly near the beach and develop properties near the ocean with commercial and recreational uses rather than parking lots (Policy C-22). The applicant is proposing short term and long term bicycle parking off of Seacoast Drive. Additional transportation demand management strategies include public transportation passes for employees, maps for bike routes, and providing wayfinding signage with directions to the public parking lot and public transportation. Implementing these transportation demand strategies should encourage the use of alternate methods of transportation, including bicycles, walking, ride-hailing, and public transportation. Application of transportation demand management strategies also emphasizes the City’s ongoing effort to reduce carbon footprints and greenhouse gas emissions. Parking is a consistent area of concern within the community and a condition has been added to the resolution noting that the transportation demand management strategies for the project shall be revisited and revised at the expense of the property owner if determined necessary by the City.
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, 19.83.110, and 19.84.050 (Section 19.83.120 is no longer applicable) for a site plan review, conditional use permit, design review, and variance subject to the findings provided within this Resolution. Section 19.86.100 is not applicable because the project does not require a 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 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.
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This project is categorically exempted from the requirements of the California Environmental Quality Act (CEQA) as a Class 32 project pursuant to CEQA Guidelines Section 15332 (In-Fill Development). 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 April 3, 2023, and a public hearing notice was published in the South County Eagle & Times newspaper on April 6, 2023.
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/MU-2 Zone will be visitor-serving retail such as specialty stores, surf shops, restaurants, and hotels and motels. 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 project would provide a ground floor commercial tenant space and eight (8) residential condominium units. The business would service local residents and the tourist population, contributing to the general well-being of the neighborhood and community and meeting the intent of the land use designation.
The General Plan and Local Coastal Plan encourages vertical mixed-use buildings with designs that reduce vehicular use/demand in the Seacoast Drive and commercial/mixeduse areas to improve the pedestrian atmosphere and/or improved design, particularly near the beach and develop properties near the ocean with commercial and recreational uses rather than parking lots (Policy C-22). Imperial Beach Municipal Code Section
19.48.050.J, reduction of parking may be proposed for mixed-use development of multiple-family residential over commercial use, by up to twenty-five percent to reduce the demand for vehicle usage and promote commercial development. The project has incorporated the following transportation demand management strategies: bicycle parking, public transportation passes for employees, maps of bike routes, and providing wayfinding signage with directions to the nearby public parking lots and public transportation. Implementing these transportation demand strategies should encourage the use of alternate methods of transportation, including bicycles, walking, ride-hailing, and public transportation. Application of transportation demand management strategies also emphasizes the City’s ongoing effort to reduce carbon footprints and greenhouse gas emissions. In addition, a condition has been added to the resolution noting that the transportation demand management strategies for the project shall be revisited and revised at the expense of the property owner if determined necessary by the City. The proposed commercial use is necessary or desirable to provide a service or facility which will contribute to the general well-being of the neighborhood or 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;
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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 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. Applicable conditions of approval and transportation demand management strategies have been included with the Resolution to further ensure compatibility with the vicinity.
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 Vertical mixed-use buildings with a ground floor commercial space and residential units are a permitted use in the C/MU-2 Zone. The proposed project is consistent with the zoning for this area and will comply with all of the regulations and conditions for these uses. Outdoor uses may be permitted subject to IBMC Section 19.72.040 and any other conditions noted in this Resolution. The applicable findings and conditions of approval have been included with the Resolution to ensure compliance with the use and other permitted uses in the vicinity.
A conditional use permit is required to allow for the increase in density, the increase in the building height, and a reduction in the off-street parking requirements. The project is located on an existing 10,608 square foot lot that is occupied by a detached commercial building and two detached residential duplexes. The applicant intends to demolish the existing buildings and construct vertical mixed-use building with ground floor commercial and eight (8) residential condominium units. To increase the available housing stock within the community while providing commercial space to enhance the pedestrian corridor, the project is proposing the density bonus providing eight (8) residential units instead of the seven (7) that would typically be allowed.
Regarding the increase in building height requirements with approval of a conditional use permit (from 30’ to 35’), the project is providing a building height of 34’-2” in height as it would accommodate the floor to ceiling height of 15’ for the ground floor commercial space and provide adequate roof top screening for mechanical equipment locating on the roof, benefitting the surrounding neighborhood. Additionally, there are extraordinary circumstances due to the location of the property and its proximity to the beach. The increase in height is not detrimental to adjacent property and does not adversely affect the General Plan or Local Coastal Program.
Regarding parking for the project, the 2,700 square foot commercial building would generally require three parking spaces and the eight (8) residential units would require 12 parking spaces. However, the project is proposing a 25% reduction of required off-street parking for a total of 11 parking spaces because the project is intended to enhance the pedestrian corridor and provide active commercial uses. The applicant was not able to provide a feasible method of providing off-street parking in addition to accommodating the proposed layout with ground floor commercial space.
The inclusion of the ground floor commercial space with direct pedestrian access from the sidewalk meets the purpose of the C/MU-2 Zone (IBMC Section 19.27.020), which is to meet the demand for goods and services required primarily by the tourist population, as well as local residents who use the beach area. Additionally, the project is providing residential units above the ground floor commercial as a vertical mixed-use building, consistent with the municipal code (IBMC 19.48.050.J), therefore, a reduction of parking may be proposed. In addition, the project is proposing the implementation of transportation demand management strategies to reduce the demand for vehicle usage. The applicant is proposing the following transportation demand management strategies: 1) Provide
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bicycle racks to encourage use of bicycles; 2) Provide maps posting the bike routes; 3) Provide bus or ride-hailing vouchers to employees; 4) Provide a poster display with local bus routes to inform the public; and 5) Provide wayfinding signage with directions to public parking lot and public transportation. Implementing the above strategies should encourage the use of alternate methods of transportation, including bicycles, walking, ride-hailing, and public transportation. Application of transportation demand management strategies also emphasizes the City’s ongoing effort to reduce carbon footprints and greenhouse gas emissions. Parking is a consistent area of concern within the community and a condition has been added to the resolution noting that the transportation demand management strategies for the project shall be revisited and revised at the expense of the property owner if determined necessary by the City.
Applicable conditions of approval for the project have been included with the Resolution to further ensure compatibility with the vicinity, which includes the ability for the Community Development Director to modify conditions if necessity warrants. As such, 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.
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.
Vertical mixed-use buildings with a ground floor commercial space and residential units is a permitted use in the C/MU-2 Zone. The proposed project is consistent with the zoning for this area and will comply with all of the regulations and conditions for these uses.
Outdoor uses may be permitted subject to IBMC Section 19.72.040 and any other conditions noted in this Resolution. The applicable findings and conditions of approval have been included with the Resolution to ensure compliance with the use and other permitted uses in the vicinity.
A conditional use permit is required to allow for the increase in density, the increase in the building height, and a reduction in the off-street parking requirements. The project is located on an existing 10,608 square foot lot that is occupied by a detached commercial building and two detached residential duplexes. The applicant intends to demolish the existing buildings and construct a vertical mixed-use building with ground floor commercial space and eight (8) residential condominium units. To increase the available housing stock within the community while providing commercial space to enhance the pedestrian corridor, the project is proposing the density bonus providing eight (8) residential units instead of the seven (7) that would typically be allowed.
Regarding the increase in building height from 30’ to 35’, the project is providing a building height of 34’-2” in height as it would accommodate the floor to ceiling height of 15’ for the ground floor commercial space and provide adequate roof top screening for mechanical equipment locating on the roof, benefitting the surrounding neighborhood. Additionally, there are extraordinary circumstances due to the location of the property and its proximity to the beach. The increase in height is not detrimental to adjacent properties and does not adversely affect the General Plan or Local Coastal Program.
Regarding parking for the project, the 2,700 square foot commercial building would generally require three parking spaces and the eight (8) residential units would require 12 parking spaces. However, the project is proposing a 25% reduction of required off-street parking for a total of 11 parking spaces because the project is intended to enhance the pedestrian corridor and provide active commercial uses. The applicant was not able to provide a feasible method of providing off-street parking in addition to accommodating the proposed layout with ground floor commercial space.
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The inclusion of the ground floor commercial space with direct pedestrian access from the sidewalk meets the purpose of the C/MU-2 Zone (IBMC Section 19.27.020), which is to meet the demand for goods and services required primarily by the tourist population, as well as local residents who use the beach area. Additionally, the project is providing residential units above the ground floor commercial as a vertical mixed-use building, consistent with the municipal code (IBMC 19.48.050.J), therefore, a reduction of parking may be proposed. In addition, the project is proposing the implementation of transportation demand management strategies to reduce the demand for vehicle usage. The applicant is proposing the following transportation demand management strategies: 1) Provide bicycle racks to encourage use of bicycles; 2) Provide maps posting the bike routes; 3) Provide bus or ride-hailing vouchers to employees; 4) Provide a poster display with local bus routes to inform the public; and 5) Provide wayfinding signage with directions to public parking lot and public transportation. Implementing the above strategies should encourage the use of alternate methods of transportation, including bicycles, walking, ride-hailing, and public transportation. Application of transportation demand management strategies also emphasizes the City’s ongoing effort to reduce carbon footprints and greenhouse gas emissions. Parking is a consistent area of concern within the community and a condition has been added to the resolution noting that the transportation demand management strategies for the project shall be revisited and revised at the expense of the property owner if determined necessary by the City.
Applicable conditions of approval for the project have been included with the Resolution to further ensure compatibility with the vicinity, which includes the ability for the Community Development Director to modify conditions if necessity warrants. As such, 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.
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 not detrimental or injurious to the value of the property and improvements in the neighborhood.
The proposed project would provide a commercial use with an open patio as well as eight (8) residential units in the C/MU-2 (Seacoast Commercial & Mixed Use) Zone, where commercial buildings as well as detached and attached multi-family residential condominiums are typical. 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 intent of 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.
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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 C/MU-2 (Seacoast Commercial & Mixed Use) Zone. The purpose of the C/MU-2 Zone is to provide for areas for mixed-use development, multiple-family dwellings, and for businesses to meet the local demand for commercial goods and services. The proposed vertical mixed-use project does not adversely affect the General Plan or the Local Coastal Plan because it would provide commercial and residential uses in an area allowing for the construction of vertical mixed-use buildings.
14. The proposed use is compatible with other existing and proposed uses in the neighborhood.
The project is located in the C/MU-2 (Seacoast Commercial & Mixed-Use) Zone. The areas to the north, south, and west of the site are also located in the C/MU-2 (Seacoast Commercial & Mixed-Use) Zone and include the IB Club (mixed-use building) and multifamily residences. The area to the east of the project site is an alley and residential uses. The single-family residence to the east is zoned R-2000 (Medium Density Residential). The surrounding areas include a mix of mixed-use, commercial, and residential structures and uses. The vertical mixed-use building would front Seacoast Drive with the front of the building including a ground floor commercial space measuring approximately 2,700 square feet and five residential condominium units on the second and third stories each with a roof deck. The rear of the building includes a residential unit on the ground floor with two additional units on the second and third stories each with a roof deck. The location and orientation of the buildings would be consistent with the surrounding area, which is comprised of commercial and mixed-use structures and uses along Seacoast Drive and residential uses to the east. The alley adjacent to the eastern property line would be used for vehicle ingress and egress. The proposed mixed-use project is compatible with other uses in the neighborhood because it proposes both residential and commercial uses where nearby properties are comprised of both commercial and residential 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 vertical mixed-use building would front Seacoast Drive with the front of the building including a ground floor commercial space measuring approximately 2,700 square feet and five residential condominium units on the second and third stories each with a roof deck. The rear of the building includes a residential unit on the ground floor with two additional units on the second and third stories each with a roof deck. The alley adjacent to the eastern property line would be used for vehicle ingress and egress. The project is harmonious with other uses and structures, which include residential and commercial buildings in the neighborhood, because it proposes residential and commercial uses where nearby properties are comprised of residential and commercial buildings.
16. The combination and relationship of one proposed use to another on the site is properly integrated.
The project proposes residential and commercial uses that are properly integrated. The cohesive design style and the choice of building materials properly integrate the buildings.
17. Access to and parking for the proposed use does not create any undue traffic problem.
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Vehicular ingress and egress would be provided off the alley adjacent to the eastern property line. The vertical mixed-use building that includes a covered 1,100 square foot open patio seating area provides direct pedestrian access from the sidewalk fronting Seacoast Drive to the business entrance. Access to the residential units in the mixed-use building is provided from a staircase that provides access from both the northern and southern elevation of the vertical mixed-use building. The staircase entrances are oriented towards northern elevation and the southern elevation but are accessible from a common pedestrian walkway that may be accessed from Seacoast Drive, Donax Avenue, or the alley. The project proposes a configuration that enhances street parking spaces by closing existing curb cuts and accessing off the alley. The parking provided is a mix of open and covered parking spaces. An ADA accessible parking space is provided for the commercial building, a two-car garage is provided for the ADA accessible ground floor unit, and a mix of open parking spaces and covered spaces are provided for the units located above the ground floor commercial and the commercial building.
Additionally, transportation demand management strategies are provided to reduce vehicular use; the strategies include: bike racks, public transportation passes for employees, maps for bike routes, and providing wayfinding signage with directions to the public parking lot and public transportation. Implementing these transportation demand strategies should encourage the use of alternate methods of transportation, including bicycles, walking, ride-hailing, and public transportation.
Access and ingress and egress for the project should not create undue traffic problems because the project would comply with the standards set forth in the Municipal Code and would access off of the alley.
18. All other applicable provisions of the Zoning Code are complied with.
The project proposes the construction of a new vertical mixed-use project with approximately 2,700 square feet of commercial space and eight (8) residential condominium units at 757 Seacoast Drive in the C/MU-2 (Seacoast Commercial and Mixed Use) Zone, where commercial and residential mixed-use buildings are typical. The project design meets the underlying zoning requirements of the C/MU-2 (Seacoast Commercial and Mixed Use) Zone, and the minimum requirements set forth in the Zoning Ordinance will be met. Therefore, the project is consistent with the Zoning Code standards for the site.
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 are preserved.
20. Public Notice requirements, pursuant to Zoning Ordinance Section 19.81.050, 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 April 3, 2023, and a public hearing notice was published in the South County Eagle & Times newspaper on April 6, 2023.
TENTATIVE MAP FINDINGS (IBMC § 18.12.070):
21. The proposed tentative tract map is consistent with the General Plan/Local Coastal Plan.
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The General Plan/Local Coastal Plan designates the site as C/MU-2 (Seacoast Commercial and Mixed Use) Zone. The purpose of the C/MU-2 Zone is to provide for 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 proposed tentative tract map is consistent with the General Plan/Local Coastal Plan because it complies with the land use designations and zoning ordinance.
22. The design or improvement of the proposed subdivision is consistent with the General Plan/Local Coastal Plan.
The General Plan/Local Coastal Plan designates the site as C/MU-2 (Seacoast Commercial and Mixed Use) Zone. The purpose of the C/MU-2 Zone is to provide for 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. Typical of this zone are commercial buildings, detached and attached mixed-use developments, multiple-family dwellings, and businesses. Therefore, the proposed construction of a new vertical mixed-use project with approximately 2,700 square feet of commercial space and eight (8) residential condominium units meets the purpose and intent of the land use designation of the General Plan/Local Coastal Plan.
23. The site is physically suitable for the type of development.
The subject site is physically suitable for the mixed-use development because it is relatively flat and the proposed grading and drainage for the development of the project has been reviewed so that no adverse impacts would occur.
24. The design of the subdivision will not cause substantial environmental damage or substantial and avoidable injury to fish or wildlife, or their habitat.
The project involves new construction in a developed urban area that will not affect fish or wildlife habitat.
25. The design of the subdivision will not cause serious public health problems.
The development will meet all construction requirements and will be served by municipal water and sewer service and would not result in public health problems.
26. The design of the subdivision will not conflict with any easement of record.
A design of the subdivision will not conflict with any easement of record.
27. All requirements of the California Environmental Quality Act (CEQA) have been fulfilled.
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.
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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-22-0012), Conditional Use Permit (CUP-22-0011), Design Review Case (DRC-22-22-0024), Site Plan Review (SPR-22-0025), Tentative Map (TM-22-0002), and Categorical Exemption pursuant to CEQA Guidelines 15332 (In-Fill Development) to demolish the existing structures and construct a new vertical mixed-use building with ground floor commercial and eight residential condominium units at 757 Seacoast Drive (APN 625-192-04-00) are hereby approved subject to the following:
CONDITIONS OF APPROVAL:
1. Approval of Regular Coastal Permit (CP-22-0012), Conditional Use Permit (CUP-22- 0011), Design Review Case (DRC-22-22-0024), Site Plan Review (SPR-22-0025), Tentative Map (TM-22-0002), and Categorical Exemption pursuant to CEQA Guidelines 15332 (In-Fill Development) is valid for three years 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 May 4, 2026, unless vested with substantial construction pursuant to an approved building permit. Approvals of the Regular Coastal Permit (CP-22-0012), Conditional Use Permit (CUP-22-0011), Design Review Case (DRC-22-22-0024), Site Plan Review (SPR-22-0025), Tentative Map (TM-22-0002), 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 received on March 27, 2023 and Stormwater Management Plan 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, future events may not be allowed.
4. Prior to tenant occupancy, the applicant must coordinate and create a plan with City safety staff for all proposed deliveries to the site. City safety staff approval will not be unreasonably withheld, conditioned, or delayed, and any restrictions will be nondiscriminatory and no more restrictive or onerous than restrictions placed on other retail uses in the City.
5. Lighting shall not have a negative effect on the existing neighborhood and a lighting plan shall be submitted and approved by the City prior to installation. 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 reasonable satisfaction of the City. Complaints which are unreasonable in nature, as determined by the City, or which demand unreasonable changes to the lighting plan previously approved by the City, will only be addressed if the applicant and City mutually agree to address them.
6. Hours of operation and use for outdoor patio and roof deck areas are subject to separate authorization by the City, dependent on the tenant and operational use of the spaces.
Hours and operation in the outdoor areas will be subject to review and modification by the Community Development Department and Public Safety Department, as necessary.
Special events, live entertainment, or similar uses must obtain separate authorizations.
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City approvals and authorizations will not be unreasonably withheld, conditioned, or delayed, and any restrictions will be non-discriminatory and no more restrictive or onerous than restrictions placed on other retail uses in the City. Any and all live entertainment is subject to separate permitting and unique conditions of approval.
7. It is recommended that any business participating in the sale of alcoholic beverages 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.
8. Noise from the building and outdoor areas (i.e. TV speakers, speakers, low frequency vibrations, amplification, events, or otherwise) should be minimized to the maximum extent practicable, should not reasonably impact the neighborhood, and is subject to separate authorization by the City. All speakers and other amplification shall be directed away from any residential use. If any noise complaints are received for uses at the property, the applicant shall investigate said complaint and mitigate any issues to the reasonable 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. City approvals and authorizations will not be unreasonably withheld, conditioned, or delayed, and any restrictions will be non-discriminatory and no more restrictive or onerous than restrictions placed on other retail uses in the City. Any and all live entertainment is subject to separate permitting and unique conditions of approval.
9. Outdoor patio and dining area shall never exceed Fire Department assessed occupancy.
10. Transportation demand management strategies shall be provided and permanently maintained by the applicant and/or property owner to encourage multiple methods of transportation, including the following: provide bike racks; provide bike route map(s); require building tenants to provide a reasonable amount of public transportation cost reimbursement to employees of the building tenants for employees who elect to use public transportation; provide poster display with local bus routes. The transportation demand management strategies shall be revisited and revised at the expense of the property owner if determined reasonably necessary by the City.
11. 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.
12. 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.
13. All building/structural materials shall be kept in a sound and clean condition, subject to reasonable wear and tear and weathering.
14. The owner and/or owner’s designee shall assess the existing street lighting and must assess the feasibility of adding additional lighting to the adjacent right of ways to promote safety and enhance the pedestrian corridor.
15. All proposed/potential projections, mechanical or otherwise, where feasible must be below the maximum allowable building height and must be adequately screened.
Resolution No. 2023-30
16. The exterior materials of the trash enclosure must be consistent with the primary building materials.
17. Screening shall be provided around the open patio area to mitigate any potential noise impacts.
18. All utilities shall be undergrounded.
19. The owner and/or owner’s designee shall make the necessary arrangements with each of the public utility companies for the installation of underground facilities and the relocation of existing facilities in conformance with IBMC 13.08.040.
20. Approval of this request shall not waive compliance with any portion of the Building Code and Municipal Code in effect at the time building permits are issued for the proposed development.
21. All fencing must be in conformance with IBMC Chapter 19.46 Fences.
22. Height must be measured per IBMC Section 19.04.400.
23. This project consists of covered multifamily dwellings. Demonstrate how the project will comply with the accessibility provisions of Chapter 11A of the California Building Code.
24. The plans indicate that an ADA space will be provided for the commercial space as required by Chapter 11B of the California Building Code. However, an ADA space is not shown for the residential units as required per Section 1109A of the California Building Code. Please clarify.
25. The commercial portion of this building will need to demonstrate compliance with Chapter 11B of the California Building Code.
26. Obtain all required building permits (Building, Plumbing, Mechanical, Electrical, Grading etc.) for this project. All construction shall comply with the adopted 2022 California Building Standards Codes; Residential, Building, Electrical, Mechanical, Plumbing, Energy, Fire, Green Building, Historic Building, Existing Building, as amended by City Ordinance 2022-1219 and other applicable Municipal Codes in effect at the time of plan submittal for building permits.
27. Prior to Foundation Inspection a survey of the property shall be conducted from a California Licensed Surveyor or Engineer and survey pins shall be in placed to identify the corners.
28. A setback and pad elevation certification prepared by the responsible licensed Land Surveyor or Engineer shall be submitted to the City Building Inspector prior to inspection or approval of the foundation.
29. All projects greater than or equal to twenty-five thousand dollars ($25,000), or which involve the construction and/or demolition of two-hundred-fifty (250) square feet or more of floor space shall comply with Imperial Beach Municipal Code Chapter 8.38. A completed Waste Management Plan shall be submitted with the building permit application.
30. Any development of property other than single-family residence(s) or duplex(es) with a valuation in excess of fifty thousand dollars ($50,000) will be required to underground all utility services on-site, adjacent thereto and those which traverse the site. IBMC 13.08.
31. Plans deviating from conventional wood frame construction shall have the structural portions signed and sealed by the California state licensed engineer or architect responsible for their preparation, along with structural calculations. (California Business and Professions Code).
Resolution No. 2023-30
32. 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 nor anytime on Sundays. A sign shall be posted at a conspicuous location near the main entry to the site, prominently displaying these hour restrictions.
33. The project is located in noise critical areas (CNEL contours of 60 dB) as shown on the City’s General Plan. Your project will need to show compliance using one of the following methods from the California Green Building Standards Code (GBSC):
a. Prescriptive method (GBSC Section 5.507.4.1) - Wall and roof-ceiling assemblies exposed to the noise source shall meet a composite Sound Transmission Class (STC) rating of at least 50 or a composite Outdoor-Indoor Sound Transmission Class (OITC) rating of no less than 40.
b. Performance Method (GBSC Section 5.507.4.2) - An acoustical analysis documenting complying interior sound levels, not in excess of an hourly equivalent noise level (Leq -1Hr) of 50 dBA in occupied areas during any hour of operation, shall be prepared by personnel approved by the architect or engineer of record
34. A soils report must be provided with the building permit application. The report shall include foundation design recommendations based on the engineer's findings and shall comply with Section R401.4.
Should the soils engineer recommend that he/she review the foundation excavations, provide a note on the foundation plan that "Prior to the contractor requesting a Building Department foundation inspection, the soils engineer shall advise the building official in writing that:
a. The building pad was prepared in accordance with the soils report, b. The utility trenches have been properly backfilled and compacted, and c. The foundation excavations, the soils expansive characteristics and bearing capacity conform to the soils report."
A letter will need to be provided from the soils engineer confirming that the foundation plan, grading plan and specifications have been reviewed and that it has been determined that the recommendations in the soils report are properly incorporated into the construction documents (when required by the soil report).
35. This project will be required to provide an energy design detailing compliance with the Mandatory Measures and either the Performance or Prescriptive methods of compliance.
36. The mandatory Green Building requirements for residential construction must be included on your plans. Green Building Standards are applicable to newly constructed residential buildings and additions / alterations that increase the building’s conditioned area, volume or size. California Green Building Standards Residential Mandatory Measures checklist plan sheets are available from the following website:
https://aiacalifornia.org/calgreen-checklists/
37. Please contact Matthew Schuler and California American Water District; 619-446-5713 or [email protected], to confirm the water meter requirements for this project.
38. Please contact the San Diego Gas & Electric Project Planning Team (Metro Service Order Team) at 619-230-7800 to confirm that the proposed service locations detailed on your site plan are in compliance with their service standards.
39. An electrical line diagram, panel schedule and service load calculations will be required at submission of building permit application.
Resolution No. 2023-30
40. Specify the proposed sewer connection on the plans.
41. The ground-floor dwelling unit shall be adaptable and on an accessible route.
42. At the time of submittal for a building permit, ensure that all project information is included on the Title Sheet; including but not limited to the allowable building area and building height calculations, number of stories, occupant load, and the basis used for the separation of occupancies per Section 508 of the California Building Code.
43. Fire-flow demand report required. The proposed project exceeds the square footage of the previous/existing structure. The applicant/owner 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 Seacoast Dr. and Donax Ave.
The project proposed 13,400 square feet, type VB.
Required minimum fire-flow demand:
3,000 GPM for 180 Minutes
Where to submit your fire flow demand report:
California American Water
1025 Palm Avenue
Imperial Beach, CA 91932
Once the report has been obtained from California American Water, please provide one (1) copy to the Imperial Beach Fire-Rescue Department for review and one (1) copy to the Imperial Beach Planning Division for retention.
Tom Santos, Assistant Fire Marshal
Imperial Beach Fire-Rescue Department
865 Imperial Beach Blvd.
Imperial Beach, CA 91932
Phone: (619) 628-1392 - Fax: (619) 628-1489
[email protected] - www.imperialbeachca.gov
44. Automatic fire sprinkler system shall be designed for compliance with NFPA 13. Automatic fire alarm system (waterflow activation) shall be designed for compliance with NFPA 72.
45. Specify the location of the proposed sewer lateral.
46. If an existing sewer lateral servicing the site will not be utilized and is to be abandoned, it shall be abandoned per the Greenbook standards or other approved building standards.
Include the abandonment procedures on the building plans for City approval.
47. (If applicable) For new commercial units using existing sewer lateral, the applicant is required to demonstrate that the sewer lateral conforms to all City standards, specifications and codes. In order to determine the existing condition of the lateral, the applicant must provide an in-line closed-circuit video (CCTV) inspection of the lateral from the building to the City's sewer main. Any damaged sections of pipe found during the video inspection must be repaired before approval of the lateral for use.
48. (If Applicable) New sewer connection to the main line shall be coordinated with the City of Imperial Beach Public Works Department.
49. Prior to approval of these plans the sewer lateral locations shall be drawn on the plans and submitted to the City for review and approval. If applicable, new buildings cannot be constructed on top of existing sewer lateral, rerouting is required.
Resolution No. 2023-30
50. Multifamily dwellings are to have a separate sewer lateral for each detached unit with separate water meters. Applicants may request during the plan check to connect each building sewer to a common sewer system extension that leads to the public sewer system provided that the sewer system extension is adequately sized and an agreement is in place between the adjoining units.
51. Sewer laterals shall be installed per Regional Standards SS-01 through SS-04, SP-01 through SP-03 & SC-01. Upon completion, the applicant shall contact the Public Works Department for an inspection of the tie to the Main by calling the Public Works Inspector at (619) 551-8005.
52. 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.
53. Building foundation elevations shall be at least one (1) foot above gutter line to minimize flooding during storm conditions.
54. The owner of private property adjoining the public right-of-way shall be responsible to maintain the proposed bio retention landscaping in the area between the parkway and private property line for the entire frontage of the property. Such maintenance shall include watering and clearing of weeds.
55. If it is necessary to cut into the alley pavement as part of this project, all concrete cuts in the alley must be replaced with #4 rebar dowels positioned every 1 foot on center and secured with approved epoxy. Concrete specification must be 560-C-3250. Concrete saw cutting parallel to the alley drainage must be at least 2 feet from the alley drain line.
56. For alley, sidewalk or curb & gutter replacement ensure compliance with San Diego Regional Standard Drawing G-11 (Concrete Curb, Gutter, Sidewalk & Pavement Removal and Replacement) 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.
57. Along the public right-of-way, the applicant shall eliminate any existing tripping hazards 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 Inspector.
58. All existing sidewalk abutting the property on Seacoast Dr. & Donax Ave. that does not conform to current ADA standards shall be reconstructed and replaced per SDRSD G-7, with sidewalk joint locations per SDRSD G-9 and concrete joint details per SDRSD G-10.
59. 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 Inspector. Existing street widths shall not be narrowed as a result of apron placement.
Resolution No. 2023-30
60. 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 Inspector. 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:
a. Trenches wider than six (6) inches: Use Regional Standard G-24A type C & G24B. The base shall be compacted with twelve (12) inch maximum lifts to 95% modified proctor and test reports.
b. Trenches six (6) inches or less: Use regional standard G-33 Type B. Call for an inspection prior to the Asphalt repair at (619) 551-8005. c. Traffic Control plans shall be followed per approved plans and adjusted by the contractor for changing conditions.
d. 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 shall be plated and secured at the end of the work day. All other open trenches shall be plated or covered in heavy plywood.
e. 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. f. 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.
61. For any work to be performed in the street or alley, submit a traffic control plan for approval by Public Works Inspector 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.
62. 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.
63. 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.
64. Permittee shall schedule inspections with the Public Works Department (619) 423-8311 at least 24 hours prior to need as follows:
a. Sidewalk, Driveway, Curb and Gutter and other Concrete Work Pre-pour and Final
Resolution No. 2023-30
b. Street Excavation T-Cut and Final
c. Sewer Lateral Capping during Demolition and New Lateral Connection to Main d. All Other Encroachment Activity Final
65. 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.
66. Any disposal/transportation of solid/construction waste in roll off containers must be contracted through EDCO Disposal Corporation unless the hauling capability exists integral to the prime contractor performing the work.
67. 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.
68. 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.
69. 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.
70. 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:
a. 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.
b. All recyclable construction waste must be properly recycled and not disposed in the landfill.
c. 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). d. 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.
e. 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.
71. Two days prior to any excavation, “Dig-Alert” (800) 227-2600 shall be notified to locate all known underground utilities.
Resolution No. 2023-30
72. Applicant must underground all utilities in accordance with I.B.M.C. 13.08.060.C as noted below, applicability to new structures:
a. For any development which requires a building permit but is of a valuation of fifty thousand dollars or less, the applicant will be required either to underground the utilities or to sign a deferral agreement pertaining thereto. b. For any development of single-family residence(s) or duplex(es) which exceeds a valuation of fifty thousand dollars, the applicant will be required to sign a deferral agreement with, and pay a recording fee to, the City.
c. Any development of property other than as described in subsection A or B of this section in excess of fifty thousand dollars valuation will be required to underground all utility services on-site, adjacent thereto and those which traverse the site.”
73. 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-22-0088) 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-22-0012), Conditional Use Permit (CUP-22-0011), Design Review Case (DRC-22-22-0024), Site Plan Review (SPR-22-0025), Tentative Map (TM-22-0002), and Categorical Exemption pursuant to CEQA Guidelines 15332 (In-Fill Development)), 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.
74. 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.
75. The Developer shall pay off any deficits in his project account (22-0088-DEP) prior to building permit issuance and prior to final inspection.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its meeting held on the 19th day of April 2023, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
PALOMA AGUIRRE, MAYOR
Resolution No. 2023-30
ATTEST:
JACQUELINE M. KELLY, MMC
CITY CLERK
3565 7TH AVENUE
SAN DIEGO, CA 92103
SAWAYAARCHITECTURE.COM
(619) 916 - 8145 ISSUE DESCRIPTION BY DATE
SAWAYA ARCHITECTURE
SAWAYA ARCHITECTURE
2134
PRINT TO SCALE : 24" x 36" 06-06-22 CJS FOR CDP SUBMITTAL 07-20-22 CJS REVISED PER CDP COMMENTS 11-09-22 CJS REVISED PER CDP COMMENTS 02-28-23 CJS REVISED PER DRB COMMENTS C35363
REN: 06-30-23
CHRISTOPHER
SAWAYA
757 MIXED
757 SEACOAST AVE.
IMPERIAL BEACH, CA
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ABBREVIATIONS
PROJECT TEAM
SITE
757 MIXED
757 SEACOAST DRIVE
IMPERIAL BEACH, CALIFORNIA
1. THE CONTRACTOR SHALL VERIFY ALL DIMENSIONS AND ELEVATIONS BEFORE STARTING WORK AND SHALL NOTIFY THE OWNER OF ANY DISCREPANCIES FOUND. DO NOT SCALE DRAWINGS.
2. ALL WORK SHALL COMPLY TO THE CALIFORNIA RESIDENTIAL CODE, 2019 EDITION.
3. THESE PLANS AND ALL WORK SHALL COMPLY WITH THE CALIFORNIA BUILDING STANDARDS CODE FOUND IN STATE OF CALIFORNIA TITLE 24 CCR AS AMENDED AND ADOPTED BY THE CITY OF IMPERIAL BEACH.
4. CONSTRUCTION LOAD (MATERIAL AND EQUIPMENT) SHALL NOT EXCEED THE DESIGN LIVE LOAD PER SQUARE FOOT. PROVIDE ADEQUATE SHORING AND/OR BRACING WHERE STRUCTURES HAVE NOT ATTAINED DESIGN STRENGTH.
5. WHERE NO CONSTRUCTION DETAILS ARE SHOWN OR NOTED FOR ANY PART OF THE WORK TO BE DONE THE DETAILS SHALL BE THE SAME AS FOR OTHER SIMILAR WORK.
6. THE CONTRACTOR SHALL DETERMINE THE LOCATION OF ALL UTILITY SERVICES IN THE AREA TO BE EXCAVATED (ABOVE AND BELOW GRADE) PRIOR TO COMMENCING THE WORK TO BE DONE.
7. SHOULD ANY LOOSE FILL/EXPANSIVE SOIL/GROUND WATER OR OTHER DANGEROUS CONDITIONS BE
ENCOUNTERED DURING SITE EXCAVATION THE GENERAL CONTRACTOR, OWNER AND ENGINEER SHALL BE NOTIFIED AND ALL WORK SHALL CEASE IMMEDIATELY.
8. THE INSPECTOR WILL RECHECK FOR EXPANSIVE SOILS AND/OR GRADING REQUIREMENTS AT THE FIRST FOUNDATION INSPECTION.
9. SMOKE DETECTORS ARE REQUIRED IN EACH SLEEPING ROOM AND IN THE HALLWAY/AREA SERVING EACH SLEEPING AREA. BATTERY OPERATED DETECTORS ARE ACCEPTABLE FOR EXISTING CONSTRUCTION.
10. ALL UTILITIES TO BE UNDERGROUND.
11. PRIOR TO FOUNDATION INSPECTION A SURVEY OF THE PROPERTY SHALL BE CONDUCTED FROM A CALIFORNIA LICENSED SURVEYOR AND SURVEY PINS SHALL BE IN PLACE TO IDENTIFY THE CORNERS.
12. PRIOR TO FOUNDATION APPROVAL, A SETBACK AND PAD ELEVATION CERTIFICATION SHALL BE PROVIDED BY A
CALIFORNIA LICENSED SURVEYOR VERIFYING THAT THE PROPOSED FOUNDATION IS IN CONFORMANCE WITH THE APPROVED PLANS.
1. SEWAGE DISPOSAL SHALL CONFORM TO CITY OF IMPERIAL BEACH PUBLIC HEALTH, DIVISION OF SANITATION REQUIREMENTS AND DETAILS FOR INDIVIDUAL HOMES.
2. HOMES ARE LOCATED IN THE "OTAY" WATER DISTRICT.
1. PLEASE RECYCLE DEMOLITION AND CONSTRUCTION WASTE. ASK ABOUT POSSIBLE DUMP SITES.
2. CONTRACTOR SHALL COMPLY WITH ALL OSHA REQUIREMENTS.
3. TEMPERED GLASS SHALL BE PERMANENTLY IDENTIFIED AND VISIBLE WHEN THE UNIT IS GLAZED.
4. ALL NEW GLAZING (FENESTRATIONS) WILL BE INSTALLED WITH A CERTIFYING LABEL ATTACHED, SHOWING THE U-VALUE.
1. ALL PLUMBING TO CONFORM TO THE CALIFORNIA PLUMBING CODE AND LOCAL AND OSHA REQUIREMENTS.
2. PLUMBING SHOWN IS FOR LOCATION ONLY.
3. PLUMBER TO VERIFY LOCATION OF SEWER AND WATER LOCATIONS SHOWN.
4. ALL SEWER PIPES SHALL BE 3" MIN. DIAMETER UNDERGROUND AND TOILET; 1 1/2" DIAMETER FOR BASIN, BATH AND VENT PIPES - VERIFY SIZE AND MATERIAL TO COMPLY WITH ALL STATE AND LOCAL CODES.
5. ALL HOT AND COLD WATER SUPPLY SHALL BE MIN. 1/2" DIAMETER COPPER OR PEX.
6. MATERIAL FOR SANITARY SYSTEMS SHALL BE ABS.
ALL WORK SHALL COMPLY WITH
THE FOLLOW APPLICABLE CODES:
CA BUILDING CODE, 2019 EDITION
CA PLUMBING CODE, 2019 EDITION
CA MECHANICAL CODE, 2019 EDITION
CA ELECTRICAL CODE, 2019 EDITION
CA FIRE CODE, 2019 EDITION
TITLE 24 ENERGY STANDARDS, 2019 EDITION
IN THE EVENT OF CONFLICT,
THE MOST RESTRICTIVE CODE SHALL PREVAIL
PROJECT ARCHITECT:
SAWAYA ARCHITECTURE
3565 7TH AVENUE
SAN DIEGO, CA 92103
(619) 916-8145
THE CONSTRUCTION OF ONE (1) NEW COMMERCIAL SHELL, AND EIGHT (8) NEW MULTIFAMILY RESIDENTIAL UNITS. PROJECT REQUIRES LOT CONSOLIDATION.
DEFERRED ITEMS: FIRE SPRINKLERS, 24.41 kWDC PV SOLAR SYSTEM LANDSCAPE ARCHITECT:
LANDSCAPE RESOURCE GROUP
8828 JEFFERSON AVENUE
LA MESA, CA 91941
(619) 497-0556
CIVIL ENGINEER:
MAY ENGINEERING & SURVEYING
12222 A WOODSIDE AVE., #237
LAKESIDE, CA 92040
(619) 251-5094
T1.0 TITLE SHEET
T1.1 CONDITIONS OF APPROVAL
C00 TOPOGRAPHIC SURVEY
C01 TENTATIVE MAP
C02 DETAILS
C03 EROSION CONTROL PLAN
A1.0 SITE PLAN
A2.0 FIRST FLOOR PLAN
A2.1 SECOND FLOOR PLAN
A2.2 THIRD FLOOR PLAN
A2.3 ROOF PLAN
A3.0 BUILDING SECTIONS
A4.0 BUILDING ELEVATIONS
A4.1 BUILDING ELEVATIONS
A4.2 BUILDING ELEVATIONS
L1 LANDSCAPE PLAN
L2 IRRIGATION PLAN
L3 DETAILS
MT1 MATERIALS BOARD
MT2 MATERIALS BOARD SEACOAST DR
DAISY AVE 2ND ST 3RD ST
DONAX AVE
PROJECT ARCHITECT:
SAWAYA ARCHITECTURE
3565 7TH AVENUE
SAN DIEGO, CA 92103
(619) 916-8145
PROJECT ADDRESS:
757 SEACOAST DRIVE
IMPERIAL BEACH, CA 91932
ASSESSOR'S PARCEL NUMBER:
625-192-04-00
LEGAL DESCRIPTION:
TR 1902 BLK 2 LOTS 5-8
EXISTING & PROPOSED ZONING
AND GENERAL PLAN DESIGNATION:
C/MU-2
EXISTING USE:
MIXED USE -
COMMERCIAL + MULTIFAMILY
PROPOSED USE:
MIXED USE -
COMMERCIAL + MULTIFAMILY
EXISTING OCCUPANCY:
B, R-2
PROPOSED OCCUPANCY:
B, R-2
TYPE OF CONSTRUCTION:
TYPE V-B, SPRINKLERED
LOT AREA:
10,608 SF
DENSITY:
ALLOWED: 1 UNIT PER 1,210 SF (CUP)
10,608 / 1,210 = 8.77
8 UNITS
PROPOSED: 8 UNITS
HEIGHT LIMIT:
30' ALLOWED
35' PROPOSED (CUP)
FLOOR AREA RATIO:
ALLOWED: UNLIMITED
PROPOSED: 16,920 SF
LOT COVERAGE:
ALLOWED: UNLIMITED
PROPOSED: 4,200 SF
AREA SUMMARY:
UNIT 1
LIVING AREA: 1,450 SF
LIVING DECKS: 0 SF
UNITS 2, 4, 6
LIVING AREA: 1,500 SF
LIVING DECKS: 115 SF
UNITS 3
LIVING AREA: 1,420 SF
LIVING DECKS: 130 SF
UNITS 5
LIVING AREA: 1,450 SF
LIVING DECKS: 130 SF
UNITS 7, 8
LIVING AREA: 2,400 SF
LIVING DECKS: 180 SF
ROOF DECKS: 600 SF
COMMERCIAL - SHELL
BUILDING: 2,700 SF
PATIO: 1,100 SF
PROJECT TOTALS
LIVING AREAS:: 14,220 SF
COMMERCIAL:: 2,700 SF
LIVING DECKS:: 1,010 SF
ROOF DECKS:: 1,200 SF
PERCENTAGE OF SITE COVERED:
BUILDING: 4,200 SF (39%)
PLANTING AREA: 1,592 SF (15%)
OFF-STREET PARKING:
REQUIRED: 1 SPACE PER 1000 SF COMMERCIAL = 3
1.5 SPACES PER UNIT = 12
= 15 SPACES TOTAL
25% REDUCTION (CUP)= 15 (.75) = 11 SPACES
PROVIDED: 11 SPACES, 0 ENCLOSED
DEVELOPMENT INCENTIVES PROPOSED:
1. IBMC 19.27.020 (A)(5)(d)(ii)
ACTIVE COMMERCIAL - 84% PROVIDED
2. IBMC 19.27.020 (A)(5)(d)(iii)
PLAZA OPEN SPACE - 9% PROVIDED
DAHLIA
Attachment 2
3565 7TH AVENUE
SAN DIEGO, CA 92103
SAWAYAARCHITECTURE.COM
(619) 916 - 8145 ISSUE DESCRIPTION BY DATE
SAWAYA ARCHITECTURE
SAWAYA ARCHITECTURE
2134
PRINT TO SCALE : 24" x 36" 06-06-22 CJS FOR CDP SUBMITTAL 07-20-22 CJS REVISED PER CDP COMMENTS 11-09-22 CJS REVISED PER CDP COMMENTS 02-28-23 CJS REVISED PER DRB COMMENTS C35363
REN: 06-30-23
CHRISTOPHER
SAWAYA
757 MIXED
757 SEACOAST AVE.
IMPERIAL BEACH, CA T C E I T CH D AR E S NE CI L S T A T E OF C A L I F OR N IA T1.1
CONDITIONS
OF APPROVAL
104.90' 5'-0" SIDE SETBACK 99.90'
101.11'
30'-0" 96.11'
P.L. TO STREET C.L.
10'-0"
P.L. TO
ALLEY C.L. 26'-8" P.L. TO STREET C.L. PROPERTY LINE 105.09' PROPERTY LINE 104.90' PROPERTY LINE 101.11'
PROPERTY LINE 100.97' PUBLIC ALLEY
CL SEACOAST DRIVECL
DONAX AVENUE CL
COMMERCIAL
(INTERIOR)
2700 sf
EXTERIOR
PATIO
1100 sf
UNIT 1
1450 sf 9'-0" 8'-0"
18'-0" ADA SPACE: COMMERCIAL VAN LOADING ZONE SPACE: COMMERCIAL SPACE: COMMERCIAL SPACE: UNIT 8
SPACE: UNIT 7
SPACE: UNIT 5
SPACE: UNIT 4
SPACE: UNIT 3
SPACE: UNIT 1
ADA SPACE: UNIT 1 9'-6"
22'-0"
22'-0"
21'-6" 9'-6" 8'-6" 22'-0" 9'-6" 8'-6"
NEW TRASH/
RECYCLING
ENCLOSURE 6'-0"
17'-0"
NEW THREE-STORY MIXED USE BUILDING;
FIVE UNITS OVER COMMERCIAL
NEW EXTERIOR SITE LIGHTING,
TYP. THROUGHOUT SITE
NEW 36" CEMENT BOARD ACCESS GATE, TYP.
NEW 36" HIGH CEMENT BOARD PATIO FENCE, TYP.
ENTRY
ENTRY
ENTRY
UP
NEW PRIVATE HANGING BIKE
RACKS, COVERED FOR
TENANT AND EMPLOYEE USE
ACCESSIBLE PATH
OF TRAVEL, TYP.
NEW NINE (9) WATER METERS; ONE PER UNIT
AND ONE FOR COMMERCIAL
NEW FIRE SPRINKLER WATER SERVICE
AND BACKFLOW PREVENTER
7'-8" 7'-0"
7'-5"
16'-1" 12'-2" 5'-0"
NEW 3-STORY
MIXED USE BUILDING
NEW 3-STORY
RESIDENTIAL BUILDING
POSTED BIKE ROUTES, BUS
ROUTE AND SCHEDULE
SIGNAGE; TRANSIT SUBSIDIES
FOR COMMERCIAL EMPLOYEES
BIKE RACKS FOR PUBLIC USE;
EIGHT BIKE SPACES TOTAL 18'-0"
8'-6" 8'-6"
24'-0"
9'-0" 8'-0"
REMOVE AND INFILL EXISTING
CURB CUTS WITH NEW SIDEWALK,
CURB, AND GUTTER PER CIVIL
SHEETS AND CITY STANDARDS
REMOVE AND INFILL EXISTING
CURB CUTS WITH NEW SIDEWALK,
CURB, AND GUTTER PER CIVIL
SHEETS AND CITY STANDARDS
TRASH RECYC. ORG.
STOR. 14'-10"
NEW 36" TEMPERED GLASS
PATIO FENCE, TYP.
NEW 36" TEMPERED
GLASS PATIO FENCE, TYP.
ACCESSIBLE PATH OF TRAVEL FROM
PARKING TO COMMERCIAL, TYP. 9'-6"
SPACE: UNIT 6 24'-0"
DASHED LINE INDICATES PRIVATE
STORAGE LOCATED ABOVE THE
FRONT OF EACH PARKING SPACE
UP
NEW 6' TALL WHITE
VINYL FENCE
3565 7TH AVENUE
SAN DIEGO, CA 92103
SAWAYAARCHITECTURE.COM
(619) 916 - 8145 ISSUE DESCRIPTION BY DATE
SAWAYA ARCHITECTURE
SAWAYA ARCHITECTURE
2134
PRINT TO SCALE : 24" x 36" 06-06-22 CJS FOR CDP SUBMITTAL 07-20-22 CJS REVISED PER CDP COMMENTS 11-09-22 CJS REVISED PER CDP COMMENTS 02-28-23 CJS REVISED PER DRB COMMENTS C35363
REN: 06-30-23
CHRISTOPHER
SAWAYA
757 MIXED
757 SEACOAST AVE.
IMPERIAL BEACH, CA
T C E
I T
CH D AR
E S NE CI L
S T A T E OF C A L I F OR N IA
A1.0
SITE PLAN
1/8"=1'-0"
SITE PLAN 1
N