Agenda packet — Imperial Beach City Council, June 21, 2023 (part 2 of 2)

Resolution No. 2023-49

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• Public bicycle racks (for eight bicycles)
• Private covered hanging bicycle racks (commercial and residential tenant use only)
• Map of the bike routes
• Bus route and schedule signage would be posted to encourage transit use and pedestrian/bike (multimodal) use
• One (1) electric bike will be provided per residential unit (8 total) with a builtin charging station • On all long-term residential leases, there will be language for reduced rent (10%) for tenants who do not need a parking space
• Any and all short-term rental tenants will receive one voucher for e-bike rental for each stay
• Any commercial lease will include language for the property owner to provide two (2) permanent bus passes for commercial tenant for employees’ use
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.

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

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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.

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

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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:
• Public bicycle racks (for eight bicycles)
• Private covered hanging bicycle racks (commercial and residential tenant use only)
• Map of the bike routes
• Bus route and schedule signage would be posted to encourage transit use and pedestrian/bike (multimodal) use
• One (1) electric bike will be provided per residential unit (8 total) with a builtin charging station • On all long-term residential leases, there will be language for reduced rent (10%) for tenants who do not need a parking space
• Any and all short-term rental tenants will receive one voucher for e-bike rental for each stay
• Any commercial lease will include language for the property owner to provide two (2) permanent bus passes for commercial tenant for employees’ use
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

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property owners within 300 feet and occupants within 100 feet of the subject site on June 5, 2023, and a public hearing notice was published in the South County Eagle & Times newspaper on June 8, 2023.

TENTATIVE MAP FINDINGS (IBMC § 18.12.070):

21. The proposed tentative tract map 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. 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.

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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.

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 July 6, 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 June 13, 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.

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.

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

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Community Development Department and Public Safety Department, as necessary.

Special events, live entertainment, or similar uses must obtain separate authorizations.

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. In addition to all local requirements, as applicable, all businesses must always comply with any requirements from the Alcoholic Beverage Control.

9. 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. Any and all live entertainment is subject to separate permitting and unique conditions of approval.

10. Outdoor patio and dining area shall never exceed Fire Department assessed occupancy.

11. 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:
• Public bicycle racks (for eight bicycles)
• Private covered hanging bicycle racks (commercial and residential tenant use only) • Map of the bike routes
• Bus route and schedule signage would be posted to encourage transit use and pedestrian/bike (multimodal) use
• One (1) electric bike will be provided per residential unit (8 total) with a built-in charging station
• On all long-term residential leases, there will be language for reduced rent (10%) for tenants who do not need a parking space
• Any and all short-term rental tenants will receive one voucher for e-bike rental for each stay
• Any commercial lease will include language for the property owner to provide two (2) permanent bus passes for commercial tenant for employees’ use The property owner and/or designee must submit a report to the Community Development Department Director and/or designee annually showing that the TDM strategies are being implemented. Transportation demand management strategies shall be revisited and

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revised at the expense of the property owner if determined reasonably necessary by the City.

12. Short term rentals shall be limited to five (5) of the residential units (concurrently or otherwise). The use of the residential units as short-term rentals may be reviewed/revisited by the City every five (5) years to assess the impact of the short-term rentals on the surrounding neighborhood and community.

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

14. 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.

15. All building/structural materials shall be kept in a sound and clean condition, subject to reasonable wear and tear and weathering.

16. 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.

17. All proposed/potential projections, mechanical or otherwise, where feasible must be below the maximum allowable building height and must be adequately screened.

18. The exterior materials of the trash enclosure must be consistent with the primary building materials.

19. Screening shall be provided around the open patio area to mitigate any potential noise impacts.

20. All utilities shall be undergrounded.

21. 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.

22. 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.

23. All fencing must be in conformance with IBMC Chapter 19.46 Fences.

24. Height must be measured per IBMC Section 19.04.400.

25. 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.

26. 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.

27. The commercial portion of this building will need to demonstrate compliance with Chapter 11B of the California Building Code.

28. 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,

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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.

29. 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.

30. 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.

31. 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.

32. 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.

33. 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).

34. 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 except when prior written approval has been obtained from the Community Development Director. A sign shall be posted at a conspicuous location near the main entry to the site, prominently displaying these hour restrictions.

35. 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

36. 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

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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).

37. 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.

38. 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/

39. Please contact Matthew Schuler and California American Water District; 619-446-5713 or [email protected], to confirm the water meter requirements for this project.

40. 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.

41. An electrical line diagram, panel schedule and service load calculations will be required at submission of building permit application.

42. Specify the proposed sewer connection on the plans.

43. The ground-floor dwelling unit shall be adaptable and on an accessible route.

44. 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.

45. 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

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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

46. 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.

47. Specify the location of the proposed sewer lateral.

48. 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.

49. (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.

50. (If Applicable) New sewer connection to the main line shall be coordinated with the City of Imperial Beach Public Works Department.

51. 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.

52. 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.

53. 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.

54. 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.

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

56. 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.

57. 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.

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58. 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.

59. 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.

60. 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.

61. 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.

62. 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

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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.

63. 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.

64. 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.

65. 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.

66. 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 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

67. 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.

68. 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.

69. 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.

70. 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.

71. 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.

Page 148 of 267 ends

Resolution No. 2023-49

Page 20 of 21 ends

72. 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.

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

74. 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.”

75. 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

Page 149 of 267 ends

Resolution No. 2023-49

Page 21 of 21 ends

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.

76. 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.

77. 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 21st day of June 2023, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

PALOMA AGUIRRE, MAYOR
ATTEST:

JACQUELINE M. KELLY, MMC

CITY CLERK

Page 150 of 267 ends

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
T1.0

TITLE SHEET
A/C
ADJ.

AFF
APPROX.

ASTM
AWG
BLDG.

BLK.

B/S
CBC
CLG
CLR.

CONC.

CONST.

CONT.

CO.

DBL.

DIA., ∅
DIAG.

DIM.

DTL, DETL
DWG.

E
EA.

EL, ELEV
ELECT.

EQ.

EQUIP.

E.W.
(E)
EXT.

FIN.

FLUOR.

FLR
FT.

GA.

GALV.

GC
GRND
GWB
HDWD.

HORIZ.

HR
HT.

HVAC
I.D.

IN.

INFO
INSUL.

INT.

LB(S)
MAX
MECH
MTL
MFR.

MGR
MIN
MISC
N
N/A
NIC
NTS
O/C
OD
OPG.

OPP
PLYWD.

PR
PROJ
PROP
PT
REQ'D
RM
R.O.

AIR CONDITIONING

ADJUSTABLE

ABOVE FINISH FLOOR

APPROXIMATELY AMERICAN

SOCIETY FOR TESTING AND

MATERIALS

AMERICAN WIRE GAUGE

BUILDING
BLOCK

BUILDING STANDARD

CALIFORNIA BUILDING CODE

CEILING
CLEAR

CONCRETE

CONSTRUCTION

CONTINUOUS

COMPANY
DOUBLE

DIAMETER

DIAGONAL

DIMENSION
DOWN
DETAIL

DRAWING
EAST
EACH

ELEVATION

ELECTRICAL
EQUAL

EQUIPMENT

EACH WAY

EXISTING

EXTERIOR
FINISH

FLUORESCENT
FLOOR
FOOT
GAUGE

GALVANIZE(D)

GENERAL CONTRACTOR
GROUND

GYPSUM WALL BOARD

HARDWOOD

HORIZONTAL
HOUR
HEIGHT

HEATING, VENTING AND AIR

CONDITIONING
INSIDE DIA.

INCH

INFORMATION

INSULATION

INTERIOR

POUND(S)

MAXIMUM

MECHANICAL
METAL

MANUFACTURER

MANAGER

MINIMUM

MISCELLANEOUS
NORTH

NOT APPLICABLE

NOT IN CONTRACT

NOT TO SCALE

ON CENTER

OUTSIDE DIAMETER

OPENING

OPPOSITE

PLYWOOD
PAIR

PROJECT

PROPERTY

PRESSURE TREATED

REQUIRED
ROOM

ROUGH OPENING
S
SCHED
SHT
SIM.

SPEC.

SQ
SS
STL.

STRUC
SUSP.

S.V.

THRU
TNND
T.O.C.

T.O.M.

TS
TYP.

UL
UNO
VERT.

VIF
VT
W
W/
WDW
W/O
W.P.

SOUTH

SCHEDULE
SHEET

SIMILAR

SPECIFICATION
SQUARE

STAINLESS STEEL
STEEL

STRUCTURAL

SUSPENDED

SHEET VINYL

THROUGH
TINNED

TOP OF CONCRETE

TOP OF MASONRY

TUBE STEEL

TYPICAL

UNDERWRITERS LAB

UNLESS NOTED OTHERWISE

VERTICAL

VERIFY IN FIELD

VINYL TILE
WEST
WITH
WINDOW

WITHOUT

WORKING POINT

BUILDING DEPARTMENT/GENERAL NOTES
N

SCOPE OF WORK SHEET INDEX

CONTRACTOR'S NOTES

ENVIRONMENTAL HEALTH NOTES

PLUMBING NOTES

VICINITY MAP

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

Page 151 of 267 ends

3565 7TH AVENUE
SAN DIEGO, CA 92103
SAWAYAARCHITECTURE.COM
(619) 916 - 8145 ISSUE DESCRIPTION BY DATE

SAWAYA ARCHITECTURE

CHRISTOPHER
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

Page 152 of 267 ends

Page 153 of 267 ends

Page 154 of 267 ends

Page 155 of 267 ends

Page 156 of 267 ends

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
EIGHT (8) NEW E-BIKES, ONE PER

RESIDENTIAL UNIT WITH PERMANENTLY

INSTALLED CHARGING AND E-BIKE

LANGUAGE INCLUDED IN ALL LEASES

NEW EXTERIOR SITE LIGHTING AND

NEW RECESSED LIGHTING, INCLUDED

THROUGHOUT SITE

NEW EXTERIOR SITE LIGHTING AND NEW

RECESSED LIGHTING, INCLUDED THROUGHOUT SITE
3565 7TH AVENUE
SAN DIEGO, CA 92103
SAWAYAARCHITECTURE.COM
(619) 916 - 8145 ISSUE DESCRIPTION BY DATE

SAWAYA ARCHITECTURE

CHRISTOPHER
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

Page 157 of 267 ends

1 A4.0
2 A4.0
2 A4.1
1 A4.1
1 A3.0
1 A3.0

COMMERCIAL
(INTERIOR)
2700 sf

EXTERIOR
PATIO
1100 sf
UNIT 1
1450 sf
ADA SPACE:

COMMERCIAL

VAN LOADING
ZONE
SPACE:

COMMERCIAL
SPACE: UNIT 8
SPACE: UNIT 7
SPACE: UNIT 6
SPACE: UNIT 5
SPACE: UNIT 4
SPACE: UNIT 3
SPACE: UNIT 1
SPACE: UNIT 1
BATH
BATH
LND.

W
D
BED

BED BED

KITCHEN DINING
LIVING
PATIO
ENTRY
ENTRY
ENTRY
UP
7'-8" PROPERTY LINE 105.09' PROPERTY LINE 104.90'
PROPERTY LINE 101.11'
PROPERTY LINE 100.97'

SHELL SPACE
ONLY
1 A4.2
2 A4.2
SPACE:

COMMERCIAL
EV
EV
EV
EV CHARGER, TYP. OF 4
EV
UP
3565 7TH AVENUE
SAN DIEGO, CA 92103
SAWAYAARCHITECTURE.COM
(619) 916 - 8145 ISSUE DESCRIPTION BY DATE

SAWAYA ARCHITECTURE

CHRISTOPHER
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
A2.0
LEVEL 1

FLOOR PLAN
1/8"=1'-0"
LEVEL 1 FLOOR PLAN 1
N

Page 158 of 267 ends

1 A4.0
2 A4.0
2 A4.1
1 A4.1
1 A3.0
1 PROPERTY LINE 104.90'
A3.0 PROPERTY LINE 105.09'
PROPERTY LINE 101.11'
PROPERTY LINE 100.97'
UNIT 8
2400 sf
UNIT 7
2400 sf
BATH
BED

KITCHEN
DINING
BA.

KITCHEN

LIVING DINING
DECK
ENTRY
BA.

KITCHEN

LIVING DINING
ENTRY
BA.

KITCHEN

LIVING DINING
DECK
ENTRY
BA.

KITCHEN

DECK LIVING DINING
ENTRY
BA.

KITCHEN

DECK LIVING DINING
ENTRY
UP
UP
UP
UP
UP
DECK
DECK
UP
DN
LIVING
DECK
1 A4.2
2 A4.2
UNIT 6
1500 sf
UNIT 4
1500 sf
UNIT 2
1500 sf
UNIT 5
1450 sf
UNIT 3
1420 sf
CLOS.

BATH
UP
CLOS.

DECK

KITCHEN
DINING
LIVING
BED
CLOS.

CLOS.

BATH
BATH
UP
8'-5"
11'-4"
6'-0"
5'-0"
7'-3"
5'-0" 5'-0" 5'-0" 5'-0" 20'-4" 22'-7" 21'-4"
ENTRY
ENTRY 13'-0"
13'-5"
10'-5"
4'-5"
8'-11"
6'-0"
2'-0" 6'-11"
10'-5"
4'-5" 6'-0"
10'-5"
4'-5" 6'-0"
DECK
8'-11"
2'-0" 6'-11"
DN
3565 7TH AVENUE
SAN DIEGO, CA 92103
SAWAYAARCHITECTURE.COM
(619) 916 - 8145 ISSUE DESCRIPTION BY DATE

SAWAYA ARCHITECTURE

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
A2.1
LEVEL 2

FLOOR PLAN
1/8"=1'-0"
LEVEL 2 FLOOR PLAN 1
N

Page 159 of 267 ends

1 A4.0
2 A4.0
2 A4.1
1 A4.1
1 A3.0
1 PROPERTY LINE 105.09' PROPERTY LINE 104.90'
A3.0
PROPERTY LINE 101.11'
PROPERTY LINE 100.97'
W
D
1 A4.2
2 A4.2
UNIT 8
UNIT 7
BATH
DN
DN
UNIT 6
UNIT 5
DECK
BED
CLOS.

BATH
BATH
6'-5" 7'-5"
6'-0"
5'-0"
7'-3"
5'-0" 5'-0" 5'-0" 20'-4" 22'-7" 21'-4"
8'-5" 8'-5"
BATH

BED BED BED
HALL
WD

BED BED
BATH
LND.

HALL
BATH
CLOS.

W
D
BATH
DN
DN
UNIT 2
UNIT 3
BATH

BED BED BED
HALL
WD

BED BED
BATH
LND.

HALL
BATH
CLOS.

BATH
DN
BATH UNIT 4
BED

OFFICE BED
HALL
WD
BED
BED
W D
LND. HALL
DN
UP
BATH
CLOS.

BED
BED
BED
BATH
BATH
BATH
HALL
CLOS.

CLOS.

LND.

W
D
DECK
DN
UP
16'-8" 5'-0" 16'-6"
3565 7TH AVENUE
SAN DIEGO, CA 92103
SAWAYAARCHITECTURE.COM
(619) 916 - 8145 ISSUE DESCRIPTION BY DATE

SAWAYA ARCHITECTURE

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
A2.2
LEVEL 3

FLOOR PLAN
1/8"=1'-0"
LEVEL 3 FLOOR PLAN 1
N

Page 160 of 267 ends

1 A4.0
2 A4.0
2 A4.1
1 A4.1
1 A3.0
1 PROPERTY LINE 105.09' PROPERTY LINE 104.90'
A3.0
PROPERTY LINE 101.11'
PROPERTY LINE 100.97'
1 A4.2
2 A4.2
UNIT 8
UNIT 7

ROOF DECK
600sf

ROOF DECK
600sf
SINK TR.REF.BBQ TR.REF.BBQ SINK
DN
ROOF
ROOF
ROOF
DN
FIRE
FIRE
SOLAR
SOLAR
ROOF
ROOF
ROOF
ROOF
ROOF

GLASS GUARDRAIL

AT ROOF DECK

GLASS GUARDRAIL

AT ROOF DECK
3565 7TH AVENUE
SAN DIEGO, CA 92103
SAWAYAARCHITECTURE.COM
(619) 916 - 8145 ISSUE DESCRIPTION BY DATE

SAWAYA ARCHITECTURE

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
A2.3

ROOF PLAN
1/8"=1'-0"
ROOF PLAN 1
N

Page 161 of 267 ends

PATIO
1600sf

KITCHEN PROPERTY LINE PROPERTY LINE

COMMERCIAL
(INTERIOR)
2700sf 15'-0" 8'-4" 8'-4" 9'-0" 9'-4" 42" 9'-0" 9'-6"
LIVING
BATH
DECK

HALL BATH
DECK

DECK LIVING KITCHEN DECK

BED OFFICE BED

BATH BED DECK

ROOF DECK
35' HEIGHT LIMIT
GRADE/SLAB 15'-10" 9'-6"

43.83' AMSL

T/PARAPET

9.00' AMSL

24.83' AMSL
T/SECOND FLOOR 9'-6" 34'-2" HEIGHT OF BUILDING FROM 9.68' AVERAGE GRADE

34.33' AMSL

T/THIRD FLOOR
GRADE 10'-2" 10'-6"

9.50' AMSL
T/SLAB

T/ROOF DECK

43.83' AMSL

T/PARAPET

9.00' AMSL

19.66' AMSL
T/SECOND FLOOR 3'-6" 34'-2" HEIGHT OF BUILDING FROM 9.68' AVERAGE GRADE

30.16' AMSL
T/SECOND FLOOR 10'-2"

40.33' AMSL
AVERAGE GRADE 9.68' AMSL + 35'-0" = 44.68' AMSL HEIGHT LIMIT 13'-6" TO BOTTOM OF OPEN WEB TRUSS AVERAGE GRADE 9.68' AMSL
3565 7TH AVENUE
SAN DIEGO, CA 92103
SAWAYAARCHITECTURE.COM
(619) 916 - 8145 ISSUE DESCRIPTION BY DATE

SAWAYA ARCHITECTURE

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
A3.0

BUILDING

SECTION
SECTION 1 1
3/16"=1'-0"

Page 162 of 267 ends

GRADE/SLAB 15'-10" 9'-6"

43.83' AMSL

T/PARAPET

9.00' AMSL

24.83' AMSL
T/SECOND FLOOR 9'-6" 34'-2" HEIGHT OF BUILDING FROM 9.68' AVERAGE GRADE34.33' AMSL

T/THIRD FLOOR
AVERAGE GRADE 9.68' AMSL + 35'-0" = 44.68' AMSL HEIGHT LIMIT

PROPOSED AND

EXISTING GRADE

GALVANIZED METAL SUN
SCREEN, STYLE TBD, TYP.

AVERAGE GRADE

9.68' AMSL

BRONZE ANODIZED ALUMINUM

BRONZE ANODIZED ALUMINUM ROLL-UP DOORS, CLEAR GLASS

STOREFRONT SYSTEM
48" DEEP ALUMINUM SUNSHADES;
BRONZE ANODIZED, TYP.

STONE VENEER, TYP.

SERVING COUNTER,
QUARTZ
48" DEEP ALUMINUM SUNSHADES;
BRONZE ANODIZED, TYP.

BLACK COMPOSITE VINYL DOORS
AND WINDOWS, TYP.

FIBER CEMENT SIDING; COLOR: JAMES PARAPET CAP
HARDIE "MOUNTAIN SAGE"
TEXTURE: SMOOTH; 12" REVEAL
STUCCO SIDING; COLOR:

LA HABRA "TUXEDO";
TEXTURE: SMOOTH
STUCCO SIDING; COLOR:

LA HABRA "CRYSTAL WHITE";
TEXTURE: SMOOTH
GLASS GUARDRAILS, TYP.

STUCCO SIDING; COLOR:

LA HABRA "TUXEDO";
TEXTURE: SMOOTH
NEW 36" TEMPERED GLASS
PATIO FENCE, TYP.

GRADE/SLAB 15'-10" 9'-6"

43.83' AMSL

T/PARAPET

9.00' AMSL

24.83' AMSL
T/SECOND FLOOR 9'-6" 34'-2" HEIGHT OF BUILDING FROM 9.68' AVERAGE GRADE34.33' AMSL

T/THIRD FLOOR
AVERAGE GRADE 9.68' AMSL + 35'-0" = 44.68' AMSL HEIGHT LIMIT

PROPOSED AND

EXISTING GRADE
AVERAGE GRADE 9.68' AMSL

BRONZE ANODIZED ALUMINUM

STOREFRONT SYSTEM
STONE VENEER, TYP.

GALVANIZED METAL SUN
SCREEN, STYLE TBD, TYP.
48" DEEP ALUMINUM SUNSHADES;
BRONZE ANODIZED, TYP.

STUCCO SIDING; COLOR:

LA HABRA "CRYSTAL WHITE";
TEXTURE: SMOOTH

PARAPET CAP BLACK COMPOSITE VINYL DOORS
AND WINDOWS, TYP.

PARAPET CAP
48" DEEP ALUMINUM SUNSHADES;
BRONZE ANODIZED, TYP.

GLASS GUARDRAILS, TYP.

FIBER CEMENT SIDING; COLOR: JAMES
HARDIE "MOUNTAIN SAGE"
TEXTURE: SMOOTH; 12" REVEAL
STUCCO SIDING; COLOR:

LA HABRA "TUXEDO";
TEXTURE: SMOOTH
STUCCO SIDING; COLOR:

LA HABRA "CRYSTAL WHITE";
TEXTURE: SMOOTH
GRADE 10'-2" 10'-6"

9.50' AMSL
T/SLAB

T/ROOF DECK

43.83' AMSL

T/PARAPET

9.00' AMSL

19.66' AMSL
T/SECOND FLOOR 3'-6" 34'-2" HEIGHT OF BUILDING FROM 9.68' AVERAGE GRADE

30.16' AMSL
T/SECOND FLOOR 10'-2"

40.33' AMSL
STUCCO SIDING; COLOR:

LA HABRA "TUXEDO";
TEXTURE: SMOOTH

GLASS GUARDRAIL
NEW 36" HIGH CEMENT
BOARD PATIO FENCE, TYP.

NEW 36" TEMPERED
GLASS PATIO FENCE, TYP.

IN-WALL ROOF

DRAIN TO GRADE

DOWNSPOUT

IN-WALL ROOF DRAIN

TO DOWNSPOUT ON

GROUND FLOOR
1880 SF TOTAL UPPER STORY FACADE SQUARE FOOTAGE

78.2% OF THIS AREA IS SETBACK 7.5' OR MORE
@ 2.75' SET
BACK
@ 7.5' TO 10.5'

SET BACK
390 SF
1470 SF

WEST ELEVATION UPPER STORY STEPBACKS
3565 7TH AVENUE
SAN DIEGO, CA 92103
SAWAYAARCHITECTURE.COM
(619) 916 - 8145 ISSUE DESCRIPTION BY DATE

SAWAYA ARCHITECTURE

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
A4.0

BUILDING

ELEVATIONS
SOUTH ELEVATION 2
3/16"=1'-0"
WEST ELEVATION 1
3/16"=1'-0"

Page 163 of 267 ends

AVERAGE GRADE 9.68' AMSL + 35'-0" = 44.68' AMSL HEIGHT LIMIT

PROPOSED AND

EXISTING GRADE
AVERAGE GRADE 9.68' AMSL
GRADE 10'-2" 10'-6"

9.50' AMSL
T/SLAB

T/ROOF DECK

43.83' AMSL

T/PARAPET

9.00' AMSL

19.66' AMSL
T/SECOND FLOOR 3'-6" 34'-2" HEIGHT OF BUILDING FROM 9.68' AVERAGE GRADE

30.16' AMSL
T/SECOND FLOOR 10'-2"

40.33' AMSL
48" DEEP ALUMINUM SUNSHADES;
BRONZE ANODIZED, TYP.

STUCCO SIDING; COLOR:

LA HABRA "TUXEDO";
TEXTURE: SMOOTH

BLACK COMPOSITE VINYL DOORS
AND WINDOWS, TYP.

STUCCO SIDING; COLOR:

LA HABRA "CRYSTAL WHITE";
TEXTURE: SMOOTH

PARAPET CAP
FIBER CEMENT SIDING; COLOR: JAMES
HARDIE "MOUNTAIN SAGE"
TEXTURE: SMOOTH; 12" REVEAL
STUCCO SIDING; COLOR:

LA HABRA "CRYSTAL WHITE";
TEXTURE: SMOOTH
MASONRY WALL; RCP

BLOCK, ONYX, PRECISION

GLASS GUARDRAIL
NEW 36" HIGH CEMENT
BOARD PATIO FENCE, TYP.

FIBER CEMENT
SIDING; COLOR:

JAMES HARDIE
"MOUNTAIN SAGE"
TEXTURE: SMOOTH;
12" REVEAL
GRADE 10'-2" 10'-6"

9.50' AMSL
T/SLAB

T/ROOF DECK

43.83' AMSL

T/PARAPET

9.00' AMSL

19.66' AMSL
T/SECOND FLOOR 3'-6" 34'-2" HEIGHT OF BUILDING FROM 9.68' AVERAGE GRADE 30.16' AMSL T/SECOND FLOOR 10'-2"

40.33' AMSL
GRADE/SLAB 15'-10" 9'-6"

43.83' AMSL

T/PARAPET

9.00' AMSL

24.83' AMSL
T/SECOND FLOOR 9'-6" 34'-2" HEIGHT OF BUILDING FROM 9.68' AVERAGE GRADE

34.33' AMSL

T/THIRD FLOOR
AVERAGE GRADE 9.68' AMSL + 35'-0" = 44.68' AMSL HEIGHT LIMIT

PROPOSED AND

EXISTING GRADE
AVERAGE GRADE 9.68' AMSL
MASONRY WALL; RCP

BLOCK, ONYX, PRECISION
GALVANIZED METAL SUN GLASS GUARDRAILS, TYP.

SCREEN, STYLE TBD, TYP.

BRONZE ANODIZED ALUMINUM

COMMERCIAL DOORS AND WINDOWS
STONE VENEER, TYP.

BLACK COMPOSITE VINYL DOORS
AND WINDOWS, TYP.

STUCCO SIDING; COLOR:

LA HABRA "CRYSTAL WHITE";
TEXTURE: SMOOTH
48" DEEP ALUMINUM SUNSHADES;
BRONZE ANODIZED, TYP.

STUCCO SIDING; COLOR:

LA HABRA "CRYSTAL WHITE";
TEXTURE: SMOOTH
FIBER CEMENT SIDING; COLOR: JAMES
HARDIE "MOUNTAIN SAGE"
TEXTURE: SMOOTH; 12" REVEAL
STUCCO SIDING; COLOR:

LA HABRA "TUXEDO";
TEXTURE: SMOOTH

PARAPET CAP
FIBER CEMENT SIDING; COLOR: JAMES
HARDIE "MOUNTAIN SAGE"
TEXTURE: SMOOTH; 12" REVEAL
STUCCO SIDING; COLOR:

LA HABRA "CRYSTAL WHITE";
TEXTURE: SMOOTH

IN-WALL ROOF DRAIN

TO DOWNSPOUT ON

GROUND FLOOR

DOWNSPOUT
3565 7TH AVENUE
SAN DIEGO, CA 92103
SAWAYAARCHITECTURE.COM
(619) 916 - 8145 ISSUE DESCRIPTION BY DATE

SAWAYA ARCHITECTURE

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
A4.1

BUILDING

ELEVATIONS
NORTH ELEVATION 2
3/16"=1'-0"
EAST ELEVATION 1
3/16"=1'-0"

Page 164 of 267 ends

GRADE 10'-2" 10'-6"

9.50' AMSL
T/SLAB

T/ROOF DECK

43.83' AMSL

T/PARAPET

9.00' AMSL

19.66' AMSL
T/SECOND FLOOR 3'-6" 34'-2" HEIGHT OF BUILDING FROM 9.68' AVERAGE GRADE 30.16' AMSL T/SECOND FLOOR 10'-2"

40.33' AMSL
AVERAGE GRADE 9.68' AMSL + 35'-0" = 44.68' AMSL HEIGHT LIMIT

PROPOSED AND

EXISTING GRADE
AVERAGE GRADE 9.68' AMSL
STUCCO SIDING; COLOR:

LA HABRA "CRYSTAL WHITE";
TEXTURE: SMOOTH
FIBER CEMENT SIDING; COLOR: JAMES
HARDIE "MOUNTAIN SAGE"
TEXTURE: SMOOTH; 12" REVEAL
FIBER CEMENT SIDING; COLOR: JAMES
HARDIE "MOUNTAIN SAGE"
TEXTURE: SMOOTH; 12" REVEAL

BLACK COMPOSITE VINYL DOORS
AND WINDOWS, TYP.

STUCCO SIDING; COLOR:

LA HABRA "CRYSTAL WHITE";
TEXTURE: SMOOTH
STUCCO SIDING; COLOR:

LA HABRA "TUXEDO";
TEXTURE: SMOOTH
GLASS GUARDRAILS, TYP.

GRADE/SLAB 15'-10" 9'-6"

43.83' AMSL

T/PARAPET

9.00' AMSL

24.83' AMSL
T/SECOND FLOOR 9'-6" 34'-2" HEIGHT OF BUILDING FROM 9.68' AVERAGE GRADE34.33' AMSL

T/THIRD FLOOR
AVERAGE GRADE 9.68' AMSL + 35'-0" = 44.68' AMSL HEIGHT LIMIT

PROPOSED AND

EXISTING GRADE
AVERAGE GRADE 9.68' AMSL
48" DEEP ALUMINUM SUNSHADES;
BRONZE ANODIZED, TYP.

BLACK COMPOSITE VINYL DOORS
AND WINDOWS, TYP.

PARAPET CAP FIBER CEMENT SIDING; COLOR: JAMES
HARDIE "MOUNTAIN SAGE"
TEXTURE: SMOOTH; 12" REVEAL
STUCCO SIDING; COLOR:

LA HABRA "TUXEDO";
TEXTURE: SMOOTH
STUCCO SIDING; COLOR:

LA HABRA "CRYSTAL WHITE";
TEXTURE: SMOOTH
STUCCO SIDING; COLOR:

LA HABRA "TUXEDO";
TEXTURE: SMOOTH
GLASS GUARDRAILS, TYP.

NORTH ELEVATION TRASH ENCLOSURE WEST ELEVATION

TRASH ENCLOSURE

FLAT ROOF SYSTEM, SLOPED

TO DRAIN FORWARD

BLOCK WALLS WITH STUCCO
FINISH TO MATCH BUILDING 6'-0" 7'-2"

SOUTH ELEVATION TRASH ENCLOSURE EAST ELEVATION

TRASH ENCLOSURE

ANODIZED STEEL FRAMED GATES

WITH CEMENT FIBER SIDING INFILL

FLAT ROOF SYSTEM, SLOPED

TO DRAIN FORWARD

BLOCK WALLS WITH STUCCO

FINISH TO MATCH BUILDING
36"X36" GATE; WOOD FRAMED
WITH CEMENT FIBER SIDING INFILL 3'-0"
36" TALL WOOD FRAMED FENCE

WITH CEMENT FIBER SIDING INFILL

TYPICAL FENCE / GATE DETAIL
3565 7TH AVENUE
SAN DIEGO, CA 92103
SAWAYAARCHITECTURE.COM
(619) 916 - 8145 ISSUE DESCRIPTION BY DATE

SAWAYA ARCHITECTURE

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
A4.2

BUILDING

ELEVATIONS
COURTYARD EAST ELEVATION 2
3/16"=1'-0"
COURTYARD WEST ELEVATION 1
3/16"=1'-0"

Page 165 of 267 ends

Page 166 of 267 ends

Page 167 of 267 ends

Page 168 of 267 ends

MT1

MATERIALS
BOARD
3565 7TH AVENUE
SAN DIEGO, CA 92103
SAWAYAARCHITECTURE.COM
(619) 916 - 8145 ISSUE DESCRIPTION BY DATE

SAWAYA ARCHITECTURE

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

Page 169 of 267 ends

MT2

MATERIALS
BOARD
3565 7TH AVENUE
SAN DIEGO, CA 92103
SAWAYAARCHITECTURE.COM
(619) 916 - 8145 ISSUE DESCRIPTION BY DATE

SAWAYA ARCHITECTURE

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

Page 170 of 267 ends

City of Imperial Beach
Project Name: 757 Seacoast Drive
Project Number: USE-22-0088
Comments from 04-19-2023 CC Meeting

1. Provide justification regarding why 8 units is needed for the project

2. Add more parking or propose more TDM

3. Provide more shade trees

4. Include additional lighting that will illuminate the pedestrian walkways in the right of way

5. Consider limiting short term rentals or provide a robust rationale as to why allowing them would be beneficial

6. Provide justification for the height increase
Responses

1. Throughout our planning with the Community Development department, we tried many different variations of (a) # of units (b) # of bedrooms and (c) layouts and building setbacks and setbacks. The current submission is what collectively we came up with that best suits the community on the most important street in IB, Seacoast Drive. Eight (8) units is better for the community as it generates 8 total units (1 additional) toward the state requirement for the city of IB housing needs.

An additional unit provides another "house" for a local family to rent and reside for years to come. It provides an opportunity for our military community to rent, possibly creating the perfect "roommate rental", helping to solve rental opportunities for 1, 2, or even 3 military members. Traveling nurses and DOD contractors look for 6-12 month rentals during their stay in Imperial Beach and this extra unit helps with their housing needs.

Perhaps it is a new rental for an employee of a business in Imperial Beach needing to live closer to work. In theory, an 8 unit building is more valuable than a 7 unit building and the city of IB would benefit from higher tax collection. One day the extra unit may be a condominium and sold individually. Once sold, the city would benefit from the property taxes on the individual sale of an 8th unit.

The extra unit will also boost the economy of the community. More shoppers for our local shops, more people at our local coffee shops, restaurants, and beaches. It could mean more people using local "ride sharing" transportation that is provided by local IB drivers. Another potential opportunity for shuttle drivers to earn business, or the grocery store to sell more produce.

2. A. Owner will be providing 1 electric bike per residential unit (8 total) with a built-in charging station. See A1.0 for location of the new permanent charging stations.

B. In addition, for any long term residential lease, there will be language for reduced rent (10%) for tenants who do not need a parking space.

C. Any and all STR tenants will receive one voucher for e-bike rental for each stay.

D. Any commercial lease will include language for property owner to provide two (2) permanent bus passes for commercial tenant for employees’ use.

3. See L1, more trees have been added to the plan. There are seven (7) proposed trees along Seacoast with a 20’ wide canopy, along the site’s 105’ frontage. Additionally, see revised renderings showing size, location, and type of trees proposed.

4. See A1.0, the many lights have been added to the site plan. There are approx. 66 lights shown to illuminate the site.

5. We have always understood that the city leaders liked short term rentals as it brought visitors to town. These folks would spend money with the local businesses and the city collects the TOT tax. After speaking with both Mayor Aguirre and City Manager Foltz, we now understand that thinking has recently changed.

In order to benefit the community primarily and also allow some short term guests experience IB, we would consider limiting our STR (less than 30 day stays) to no more than 5 units at any given time. Since we would be forwarding the TOT tax, we think this arrangement would be self-policing to confirm that what we say actually is taking place.

Our property managers would also be given the guidelines on how many units could be short term. Short term rentals are an alternative to hotels, they offer the ability to stay in a place for a longer time and they have kitchens. We have a large military presence in Imperial Beach and San Diego and there are many families who come to visit their military family members. While here, they tend to inquire about short term rentals.

There was a time not long ago when the city wanted the short term rentals. Those thoughts have changed but who is to say Attachment 3

Page 171 of 267 ends

that short term rentals will not be high priority with city and state leadership in several years from now. We would be open to having a review every "X amount of years" to ensure that the STR's are not a strain on the city of IB or the surrounding community.

6. In order to have the required 15’ ceilings on the first level commercial spaces, the only way to achieve two more levels of residential living requires another 16’ plus building structure of three floors at 1’ and a roof parapet wall. Therefore we arrive at 34 feet 2 inches as the minimum, which is what our project proposes.

We did everything we could to minimize the height and not use the entire 35’ CUP height increase. Please remember, there is no new view blockage going to happen, as the existing building across Seacoast is already over 40’ high while the neighboring building to the north is 36’ high or more.

Page 172 of 267 ends

Attachment 4

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Attachment 5

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Attachment 6

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Attachment 7 Page 196 of 267
Attachment 7 Page 197 of 267
Attachment 7 Page 198 of 267
Attachment 7 Page 199 of 267
Attachment 7 Page 200 of 267
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Attachment 7 Page 202 of 267
Attachment 7 Page 203 of 267
P a g e | 1
June 21, 2023
ITEM TITLE: OTAY LAKES BREWERY LLC/NOVO BRAZIL (APPLICANT)/CCC BEVERAGE COMPANY LLC (OWNER); CONDITIONAL USE PERMIT (CUP-23-0001), & CATEGORICAL EXEMPTION PER CEQA GUIDELINES SECTION 15301 FOR LIVE ENTERTAINMENT AT 535 FLORENCE STREET. USE-23-0029. (0600-20)
ORIGINATING DEPARTMENT:

Community Development
EXECUTIVE SUMMARY:

The tenant of a property at 535 Florence Street, which is in the C/R-ET (Commercial/RecreationEcotourism) Zone, has proposed to operate live entertainment in an existing restaurant within an existing commercial building. Pursuant to Imperial Beach Municipal Code (IBMC) Section

19.25.020, Regulated land uses, restaurant uses are permitted in the C/R-ET Zone, and restaurants with live entertainment may be permitted with the issuance of a conditional use permit.

No significant alterations to the building or property are proposed beyond what exists today.

RECOMMENDATION:

That the City Council adopt Resolution 2023-50, approving Conditional Use Permit (CUP-23- 0001), and Categorical Exemption pursuant to CEQA Guidelines Section 15301 Class 1 (Existing Facilities), allowing for the operation of live entertainment within an existing restaurant at 535 Florence Street (APN 626-192-03-00 & 616-021-14-00), which is located in the C/R-ET (Commercial/Recreation-Ecotourism) Zone.

OPTIONS:
 Adopt Resolution 2023-50 approving the project; or
 Approve the project with modifications requested by the City Council; or  Disapprove the project and deny the requested permits by making specific findings for denial; or
 Continue the Public Hearing to a specific future meeting to allow staff to provide additional information upon which is a decision can be rendered
BACKGROUND/ANALYSIS:

An application (USE-23-0029) for a Conditional Use Permit (CUP-23-0001) to operate live entertainment was submitted to the City on May 3, 2023, at 535 Florence Street (APN 626-192- 03-00 & 616-021-14-00), which is located in the C/R-ET (Commercial/Recreation-Ecotourism) Zone. The live entertainment would operate in an existing restaurant, which is located within an

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existing commercial building that was previously vacant. Pursuant to Imperial Beach Municipal Code (IBMC) Section 19.25.020 Regulated land uses, restaurant uses are permitted in the C/RET Zone, and restaurants with live entertainment may be permitted with the issuance of a conditional use permit.

The project site consists of two parcels that make up the western half of “Bikeway Village” and includes an existing commercial building and patio area. Both parcels combined are approximately 38,102 square feet and are located on the northeast corner of the intersection of Florence Street and Cypress Avenue between Cypress Avenue and the Imperial Beach section of the Bayshore Bikeway as shown in Figure 1 below. The existing commercial building has two retail spaces, one of which is currently occupied by a bike retailer, Rad Power Bikes, and the other is occupied by the applicant, Novo Brazil Restaurant and Brewery.

Figure 1
The applicant has proposed to offer live entertainment, including acoustic or amplified music, both inside the existing restaurant and on the adjacent outside patio. No significant alterations to the building or property are proposed beyond what exists today, including that the amount of existing parking spaces and landscaping would remain in place. The property currently provides on-site

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parking, which can be accessed off 13th Street, the “Florence Alley” off Cypress Avenue, and at the street end of Florence Street.

Land Use
The applicant is proposing live entertainment in an existing restaurant that is located within an existing commercial building. The live entertainment may include acoustic music, amplified acoustic music, or DJ live entertainment. The applicant is requesting a permit to offer live entertainment Wednesday – Friday 5:00 pm – 10:00 pm, Saturday 1:00 pm – 10:00 pm, and Sunday 1:00 pm – 8:00 pm. Pursuant to Imperial Beach Municipal Code (IBMC) Section

19.25.020, Regulated land uses, restaurant uses are permitted in the C/R-ET Zone, and restaurants with live entertainment may be permitted with the issuance of a conditional use permit.

The areas designated for live entertainment would be in either the main dining room or the outside patio as shown in the diagram provided in Figure 2 below. Stages designated for live entertainment are not proposed. In addition, televisions are located throughout the restaurant.

Figure 2

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Compatibility with Surround Uses
The property is located in the C/R-ET (Commercial/Recreation-Ecotourism) Zone. There are no properties located north of the project site. The building located east of the project side is also zoned C/R-ET (Commercial/Recreation-Ecotourism) Zone and is commercial in character and features various retailers and an event space. The properties located west of the project site are zoned R-3000-D and are residential in character. An overview of the zoning for the area surrounding the project site is provided in Figure 3 below.

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

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Figure 4 shows that the existing establishment is located within two hundred feet from a residential zone and within two hundred feet from residential buildings.

The applicant proposes neighborhood compatibility by implementing various noise mitigation measures. For all events, an onsite manager would be present while live entertainment is in progress. The information for an on-call manager would be clearly posted on the premises and the manager shall be available to resolve any issues that may arise. The manager would be responsible for ensuring that sound originating from inside the restaurant is not audible beyond the property lines and that all doors remain closed during live performances that may otherwise extend beyond the property lines, including indoor acoustic live performances. Any outdoor amplified live entertainment events would be subject to approval from the Community Development Department Director and should not exceed four (4) times per year. The hours for outdoor amplified live entertainment are subject to modification and require prior notification to the surrounding residents within 300 feet.

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

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To dampen sound and reduce potential noise impacts to the surrounding, neighboring areas, staff is recommending soundproofing measures be implemented by installing a ceiling acoustic leveler within the restaurant.

These conditions have been added to Resolution 2023-50, in addition to other restrictions commonly provided to live entertainment uses within the City, that would be applicable to the City’s permit if authorized.

General Plan Consistency:

The proposed project would provide live entertainment in an existing restaurant within an existing commercial building; 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. Applicable conditions of approval have been included with the Resolution to further ensure compatibility with the vicinity.

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

19.25.030 since no significant alterations to the building or property are proposed. However, if found necessary, the City Council may request that a DRC and SPR be required subject to IBMC

19.25.050 and 19.81.105. The project would then require review by the Design Review Board and return to the City Council at a future date so that findings for both a Design Review Case and Site Plan Review may be made.

Surrounding Land Use and Zoning
Surrounding Areas Surrounding Zoning Surrounding Land Use North N/A N/A
South R-3000-D Residential
East C/R-ET Commercial
West R-3000-D Residential
ENVIRONMENTAL DETERMINATION:

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

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COASTAL PERMIT JURISDICTION: The project site is located in the original state jurisdiction area of the coastal zone as indicated on the Local Costal Program Post Certification and Appeal Jurisdiction Map; therefore, the coastal development permit (CDP) application is to be filed with and considered by the California Coastal Commission under Section 30519(b) of the California Public Resources Code.

FISCAL IMPACT:

The Applicant has deposited $1,000.00 to fund processing of the application.

ATTACHMENTS:

1. ATT 1 - Resolution 2023-50

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Attachment 1
RESOLUTION NO. 2023-50

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT (CUP-23-0001); AND CATEGORICAL EXEMPTION PURSUANT TO CEQA GUIDELINES SECTIONS 15301 CLASS 1 (EXISTING

FACILITIES) FOR THE OPERATION OF LIVE ENTERTAINMENT IN AN EXISTING RESTAURANT WITHIN AN EXISTING COMMERCIAL BUILDING AT 535 FLORENCE STREET (APN 626-192-03-00 & 616-021-14-00) IN THE C/R-ET (COMMERCIAL/RECREATION-ECOTOURISM) ZONE. USE-23-0029.

APPLICANT: HUGO THOMAZ/OTAY LAKES BREWERY LLC/NOVO BRAZIL; OWNERS:

CCC BEVERAGE COMPANY LLC
WHEREAS, on June 21, 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 Conditional Use Permit (CUP-23-0001), and Categorical Exemption pursuant to CEQA Guidelines Sections 15301 Class 1 (Existing Facilities) for the operation of live entertainment in an existing restaurant within an existing commercial building, located at 535 Florence Street in the C/R-ET (Commercial/Recreation-Ecotourism) Zone; and WHEREAS, it is intended that the C/R-ET zone will accommodate the land use needs of the recreation and ecotourism market niches. Among the uses envisioned for the C/R-ET zone include small-scale visitor-serving retail and services such as specialty stores, shops, eating and drinking establishments (such as restaurants and cafés), recreational uses, fitness, athletic and health club uses, and visitor accommodations (such as hostels, hotels and motels). (IBMC Section 19.25.010); and,
WHEREAS, restaurants with live entertainment may be permitted in the C/R-ET Zone with the issuance of a conditional use permit; and
WHEREAS, the City Council finds that the project site is existing and the proposed business would not change the intensity of use; and,
WHEREAS, the City Council finds that the project is in compliance with the Land Use Element of the General Plan; and,
WHEREAS, the City Council finds that the project site is located in the original state jurisdiction area of the coastal zone as indicated on the Local Costal Program Post Certification and Appeal Jurisdiction Map; therefore, the coastal development permit (CDP) application is to be filed with and considered by the California Coastal Commission under Section 30519(b) of the California Public Resources Code; and,
WHEREAS, the City Council finds that the project complies with the requirements of the California Environmental Quality (CEQA) as the project is categorically exempt pursuant to CEQA Guidelines Sections 15301 Class 1 (Existing Facilities); and, WHEREAS, the City Council further offers the following findings in support of its decision to conditionally approve the project:

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Resolution No. 2023-50
Attachment 1

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CONDITIONAL USE PERMIT (IBMC § 19.82.040):

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

The project is located in the C/R-ET (Commercial/Recreation-Ecotourism) Zone. The purpose of the C/R-ET is to provide land to meet the demand for goods and services required primarily by the recreation and ecotourist visitor. The International Ecotourism Society (TIES) defines ecotourism as “responsible travel to natural areas that conserves the environment and sustains the well-being of local people.” It is intended that the C/RET zone will accommodate the land use needs of the recreation and ecotourism market niches. Among the uses envisioned for the C/R-ET zone include small-scale visitorserving retail and services such as specialty stores, shops, eating and drinking establishments (such as restaurants and cafés), recreational uses, fitness, athletic and health club uses, and visitor accommodations (such as hostels, hotels and motels). The project would provide live entertainment in an existing restaurant within an existing commercial building; 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. Applicable conditions of approval have been included with the Resolution to further ensure compatibility with the vicinity.

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

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

Applicable conditions of approval have been included with the Resolution to further ensure compatibility with the vicinity.

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

Restaurant uses with live entertainment are permitted in the C/R-ET 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. A conditional use permit is required to allow for live entertainment associated with the restaurant. The project proposes no alternations to the existing building or property. The proposed use should not impact nearby residential zones, buildings, and public parks because mitigating factors related to noise, lighting, and security would be implemented to enhance neighborhood compatibility. As such, the proposed use is compatible with other uses in the neighborhood and would function in similar manner as other nearby uses. Regarding live entertainment, applicable conditions of approval 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.

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

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Pursuant to Imperial Beach Municipal Code (IBMC) Section 19.25.020, Regulated land uses, restaurants uses are permitted in the C/R-ET Zone, and restaurants with live entertainment may be permitted in the C/R-ET Zone with the issuance of a conditional use permit. The proposed project is consistent with the zoning for this area and will comply with all of the regulations and conditions for these uses and would service local residents and the tourist population. No significant alterations to the building or property are proposed beyond what exists today. The purpose of the C/R-ET zone is to provide land to meet the demand for goods and services required primarily by the recreation and ecotourist visitor, as well as local residents who use the bayfront area. It is intended that the C/R-ET zone will implement the recommendations of the 2005 Urban Waterfront and Ecotourism Study. It would also implement Parks and Recreation Element Policy P-7 of the General Plan (Increase Tourist Related Commercial Land Uses) which provides that “The City and its business community should take direct action to increase the amount of tourist-oriented businesses both along the beachfront, South San Diego Bayfront and inland areas.” Regarding live entertainment, applicable conditions of approval 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.

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

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

6. Public Notice.

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 June 8, 2023, and a public hearing notice was published in the South County Eagle & Times newspaper on June 8, 2023.

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 Conditional Use Permit (CUP-23-0001), and Categorical Exemption pursuant to CEQA Guidelines Section 15301 Class 1 (Existing Facilities), allowing for a restaurant with live entertainment establishment at 535 Florence Street (APN 626-192-03-00 & 616-021-14-00) are hereby approved subject to the following:

CONDITIONS OF APPROVAL:

1. Approval of Conditional Use Permit (CUP-23-0001), and Categorical Exemption pursuant to CEQA Guidelines Section 15301 Class 1 (Existing Facilities), is valid for one year from the effective date following final action by the City Council (10 working days following final action) and shall expire at the end of business on July 6, 2024, except where

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construction or use of the property in reliance on such conditional use permit approval has commenced prior to its expiration. Approvals of the Conditional Use Permit (CUP-23- 0001) and Categorical Exemption pursuant to CEQA Guidelines Section 15301 Class 1 (Existing Facilities) shall run coterminous.

2. The proposed use shall be in substantial compliance with the application received on May 3, 2023, 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 public facing signage shall be placed on the building noting the relevant contact information for property management. Management must be available to respond to any issues related to operation of the building and any use thereof. If a manager is needed and not available, live entertainment may be suspended.

4. Live entertainment may only take place from 5:00 pm to 10:00 pm Wednesday through Friday, 1:00 pm to 10:00 pm Saturday and 1:00 pm to 8:00 pm Sunday. Hours and operation will be subject to review and modification by the Community Development Department, Public Safety Department, and City Council as necessary.

5. Hours of operation and service for outdoor patio shall be no later than 10 PM Sunday through Thursday, and not later than midnight on Fridays and Saturdays subject to active participation in the Responsible Retailer Program. Extension of hours of operation and service may be requested after a period of six months from the date of final approval.

Hours of operation in the outdoor patio will be subject to review and modification by the Community Development Department and Public Safety Department. Community Development and Public Safety shall determine whether hours of operation may be extended, or whether the hours of operation shall be restricted further.

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

7. In addition to all local requirements, as applicable, all businesses must always comply with any requirements from the Alcoholic Beverage Control.

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

9. For any acoustic live entertainment originating from inside the restaurant, music must not be audible or perceptible beyond the property lines. If sound extends beyond the property lines, all windows and doors must remain closed during the live entertainment event.

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10. For any amplified live entertainment originating from inside the restaurant, all windows and doors must remain closed, and music must not be audible or perceptible beyond the property lines.

11. For any outdoor acoustic live entertainment, music must not be audible or perceptible beyond the property lines.

12. Any outdoor amplified live entertainment events should not exceed four (4) times per year, subject to approval from the Community Development Director. Hours for outdoor amplified live entertainment are subject to modification and require prior notification to the surrounding residents within 300 feet.

13. Lighting shall not have a negative effect on the existing neighborhood. All lighting shall be situated and adjusted to shine only on the subject property. If the property receives complaints related to lighting, the applicant shall investigate said complaint and mitigate any issues (adjustment, shades, removal of light, etc.). Security must be present during live entertainment hours of operation to regulate any laws and conditions or approval.

14. Patio shall never exceed Fire Department assessed occupancy.

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

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

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

18. 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.

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

20. 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.

21. Applicant must ensure the access to the business/building/site is ADA compliant.

22. Applicant must ensure that there are no tripping or other health/safety hazards in the patio area, or any other area available to the public.

23. Business shall meet with U.S. Fish & Wildlife staff and comply with any of its requirements to ensure there are no negative impacts to the surrounding area.

24. Applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney’s fees and costs incurred by the City and any claim for private attorney general fees and costs claimed by or awarded to any party against the City or its agents officers or employees against the City or its agents, officers, or employees, relating to the approval of the project (USE-23-0029) 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 Conditional Use Permit (CUP-23-0001), and CEQA

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Categorical Exemption), including any claims for violation of the Public Records Act or discovery law arising from and with respect to litigation involving these approvals (collectively “Development Approvals”). The City will promptly notify applicant of any claim, action or proceeding concerning the Development Approvals. (“Notification of Claim”). The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, applicant shall pay all of the costs related thereto, including without limitation reasonable attorney’s fees and costs. In the event of such election applicant shall pay all of the costs related thereto including without limitation attorney’s fees and costs incurred by the City. In the event of a disagreement between the City and applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant shall not be required to pay or perform any settlement unless such settlement is first approved by applicant. The Developer or Developer’s representative shall read, understand, and accept the conditions listed herein and shall, within 30 days, return the signed Affidavit accepting said conditions.

25. Applicant/business, at Applicant/business’s own cost and expense, shall procure and maintain, for the duration of the business license/operation, public liability insurance in an amount not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage. The insurance policy shall be with a reputable insurer subject to approval by the City and shall be endorsed with the following specific language: "The City of Imperial Beach, their elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of the operation of the business."

26. Access: Applicant shall ensure the pier, deck and patio remain accessible to the general public including when live entertainment is in progress.

27. During live entertainment the business shall post a sign that says an event is in progress with the duration of the event during which, portions of the pier and patio shall remain open and accessible to the public.

28. Restaurant management or a security guard must walk outside with a decibel reader; if noise is exceeded the noise must be lowered.

29. Business should have a ceiling acoustic leveler.

30. Business must provide contact information for an onsite manager while live entertainment is in progress. On-call manager information must be clearly posted and available 24/7 and must return any calls within 15 minutes and resolve any issues within 30 minutes.

31. The project site is located in the original state jurisdiction area of the coastal zone as indicated on the Local Costal Program Post Certification and Appeal Jurisdiction Map; therefore, the coastal development permit (CDP) application is to be filed with and considered by the California Coastal Commission under Section 30519(b) of the California Public Resources Code. Applicant will be required to coordinate with the Coastal Commission to determine the applicability of a coastal permit.

32. All business operations are required to be consistent with the Alcoholic Beverage Control license.

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

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34. The Applicant and/or Owner shall pay off any deficits in his project account (USE-23-0029) prior to building permit issuance and prior to final inspection.

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

1.18 of the Imperial Beach Municipal Code.

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

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

1. That the foregoing recitals are true and correct.

2. That Conditional Use Permit (CUP-23-0001), and Categorical Exemption pursuant to CEQA Guidelines Section 15301 Class 1 (Existing Facilities) are approved for a restaurant with live entertainment use at 535 Florence Street (APN 626-192-03- 00 & 616-021-14-00), subject to the conditions set forth in this Resolution.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its meeting held on the 21st day of June 2023, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

NONE

PALOMA AGUIRRE, MAYOR
ATTEST:

JACQUELINE M. KELLY, MMC

CITY CLERK

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June 21, 2023
ITEM TITLE: PROPOSED EAGLE SCOUT PROJECT PRESENTATION FOR PARKWAY IN FRONT OF ONEONTA ELEMENTARY SCHOOL. (0920-05)
ORIGINATING DEPARTMENT:

Public Works
EXECUTIVE SUMMARY:

Two Eagle Scout candidates, Miles Harris and Thomas DeFay, are seeking City Council approval to complete a community service project in the City. The proposed project is intended to improve pedestrian safety and aesthetics in the parkway adjacent to the entry of Oneonta Elementary School by installing permeable pavers.

RECOMMENDATION:

1. Receive this report.

2. Receive a presentation regarding the proposed improvements.

3. Comment and direct staff and the candidates regarding the design of the proposed project.

4. Authorize the City Manager or designee to sign the Eagle Project plan and advance the project for construction as approved by City Council and City staff.

OPTIONS:
 Receive a brief report from the candidates on their proposed community service projects, provide direction and approve the requested community service projects; or  Receive a brief report from the candidates on their proposed community service project and reject the proposal.

BACKGROUND/ANALYSIS:

Mr. Harris and Mr. DeFay are Eagle Scout Candidates and are proposing a community service project intended to improve the pedestrian safety and aesthetic look of the parkway area along the east side of 10th Street in front of Oneonta Elementary School. The loading and unloading zone in front of Oneonta Elementary School receives heavy pedestrian foot traffic throughout the school year. The proposed community service project will remove the existing grass parkway, which can become muddy and slippery during rain events, and replace it with permeable pavers.

Boy Scouts of America has an award program by which scouts who complete certain advancement requirements, perform a significant community service project and meet identified

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character standards are awarded the rank of Eagle. Staff will work directly with the applicants in implementing the proposed Project. The candidates would design the improvements, plan, organize and supervise the construction of the project by volunteers. City forces would be required to purchase the material and deliver it to the site for installation by the volunteers. It is the opinion of Staff that the project as proposed qualifies as a “significant community service project.”
ENVIRONMENTAL DETERMINATION:

Not a project as defined by CEQA.

FISCAL IMPACT:

The costs of the proposed project would come from within the Park Maintenance Division Operating and Maintenance (O&M) budget. The total project material costs are estimated at approximately $1,500.

FISCAL YEAR: FY23-24
BUDGETED: N

BUDGET AMENDMENT N
ACCOUNT NO(S).: 101-6020-452.2801
PROJECT NO(S).: -
FISCAL ANALYSIS: Project was not a budgeted project,
but can be absorbed within the
approved FY23-24 budget
CURRENT BUDGET: $39,000

ANTICIPATED
EXPENDITURE:
$1,500
ATTACHMENTS: NONE.

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June 21, 2023
ITEM TITLE: APPROVAL OF RESOLUTION AUTHORIZING THE CITY MANAGER TO

EXECUTE AN AGREEMENT WITH EXOS COMMUNITY SERVICES FOR MAR VISTA POOL LIFEGUARD SERVICES. (0400-95)
ORIGINATING DEPARTMENT:

City Manager
EXECUTIVE SUMMARY:

The City of Imperial Beach and the Sweetwater Union High School District entered into a Memorandum of Understanding that allows for access for the recently constructed pool at Mar Vista High School. Lifeguard services are necessary for public use of the pool and the requested action is for the City Council to authorize the City Manager or designee to execute an agreement with EXOS Community Services, LLC to provide these services. The initial term of the agreement would be two years with an additional one-year automatic renewal with mutual consent, though either party could terminate the agreement with 90 days written notice.

RECOMMENDATION:

That the City Council adopt Resolution 2023-59 authorizing the City Manager or designee to execute an agreement with EXOS Community Services, LLC for lifeguard services.

OPTIONS:
 Adopt Resolution No. 2023-59
 Provide direction to the City Manager to take other actions  Request additional information and an additional report BACKGROUND/ANALYSIS:

The Sweetwater Union High School District (District) owns a pool at Mar Vista High School located in Imperial Beach. The pool was constructed to serve the public school system and District student use is the priority user. However, the City of Imperial Beach (City) has the right to access and use such pool as specified in the terms of the Memorandum of Understanding for Use of Mar Vista High School Aquatic Facilities (MOU) between the District and the City. The MOU requires that the City contract with the County of San Diego to pay for the full costs of one full time School Resource Officer (SRO), who began work on April 7, 2023. In addition, the City is responsible for providing lifeguard services during its use of the pool. The MOU currently provides the City with the following availability during the first six months, for a total of 11.5 hours weekly:

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 Tuesdays, 5:30 AM – 7 AM
 Thursdays, 5:30 AM – 7 AM
 Fridays, 5:30 AM - 7 AM
 Saturdays, 5:30 AM – 8:30 AM
 Sundays, Flexible scheduling of at least 4 hours
Modification of the City’s use of the facilities and/or simultaneous use of the facilities by both the District and City may only be possible following six months of the initial terms of use and with mutual consent.

The City currently does not employ pool lifeguards and beach lifeguards are trained to perform different services. Therefore, the City attempted to recruit for pool lifeguards to operate the pool, but the recruitment was unsuccessful due to availability and general qualifications. City staff recommends contracting for this specialized service to operate and manage the pool during the times that the City is allowed access to use the pool through the MOU. The City has received a proposal from EXOS Community Services, LLC (EXOS), a privately-held fitness and wellness management and consulting company who specializes in the business of designing, managing, and operating health, fitness and aquatics centers. EXOS has unique expertise in the area, as it provides specialized and professional lifeguard services for a public pool in National City and has staffing available to operate and manage the District pool.

EXOS would provide lifeguard services for the initial open swim hours identified in the MOU, with the opportunity to expand to other program offerings and staffing dependent on availability and funding. Staffing is anticipated to include an Aquatics Manager, Head Lifeguard, and lifeguards.

The initial term of the agreement would be two years with an additional one-year automatic renewal with mutual consent, though either party could terminate the agreement with 90 days written notice. The total estimated monthly cost would begin at approximately $15,500 with a 5% annual increase, though expenses would change depending on programming and operation modifications. It would take approximately 45 days to be operational following an executed agreement.

ENVIRONMENTAL DETERMINATION:

Not a project as defined by CEQA.

FISCAL IMPACT:

The annual operating cost to provide lifeguard services to the Mar Vista High School pool is accounted for in the FY 2024-2025 Biennial Budget.

ATTACHMENTS:

1. Resolution 2023-59

2. EXOS Pool Operation Proposal

3. MOU for Use of Aquatic Facilities

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ATTACHMENT 1
RESOLUTION NO. 2023-59

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA,

AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH EXOS

COMMUNITY SERVICES, LLC FOR LIFEGUARD SERVICES
WHEREAS, the City of Imperial Beach and the Sweetwater Union High School District entered into a Memorandum of Understanding that allows for access for the recently constructed pool at Mat Vista High School; and
WHEREAS, lifeguard services are necessary for public use of the pool and are different from the lifeguard services provides at the beach; and
WHEREAS, the City has not traditionally employed pool lifeguards and was unsuccessful in recruiting for pool lifeguards to operate the pool; and WHEREAS, Imperial Beach’s interest would be best served by entering into an agreement for specialized professional services with EXOS Community Services, LLC to outsource lifeguard services; and
WHEREAS, Imperial Beach desires and intends per the terms of the agreement to pay EXOS Community Services, LLC for such specialized services; and WHEREAS, the annual operating cost to provide lifeguard services to the Mar Vista pool is accounted for in the FY 2024-2025 Biennial Budget.

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 enter into an agreement with EXOS Community Services, LLC for lifeguard services and any other actions necessary to operate the pool according to the terms within the Memorandum of Understanding with Sweetwater Union High School District and the FY 2024-2025 Biennial Budget.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its meeting held on the 21st day of June 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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SHANNON BULLOCK

CITY OF IMPERIAL BEACH
PARKS & RECREATION DIR.
619.423.8285
[email protected]

SAMANTHA LINHART
EXOS
SR. GENERAL MANAGER
847.727.4522
[email protected]
Pool Operations Proposal
City of Imperial Beach
Joint use pool at Mar Vista High School
Attachment 2

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1 This document contains confidential and proprietary information of Exos and is protected by copyright, trademark and other state and federal intellectual property laws. Its receipt or possession does not convey any rights to any individual in receipt of this proposal to reproduce, disclose its contents, or to manufacture, use or sell anything it may describe. Exos forbids the reproduction, disclosure, or use without specific written authorization. Limited distribution of these materials is for evaluation purposes only. This restriction does not limit the right of any individual in receipt of this proposal to use or disclose information and data obtained from another source without restrictions.

TABLE OF CONTENTS
EXECUTIVE SUMMARY ....................................................................................................................................... 2 COMMUNITY EXPERIENCE.................................................................................................................................. 3 PROGRAM ELEMENTS ........................................................................................................................................ 4 OPERATIONAL EXCELLENCE ................................................................................................................................ 5 PRICING.............................................................................................................................................................. 6 CONCLUSION...................................................................................................................................................... 7

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2 EXECUTIVE SUMMARY
Exos is proud to propose our staffing and management solution for The City of Imperial Beach at the Mar Vista High School Pool in Imperial Beach, California.

Cities and organizations turn to Exos to create environments that empower residents to take control of their health and perform at a higher level every day. By partnering with Exos, The City of Imperial Beach will reap the benefits of our 20+ years of experience providing community wellness and recreation management solutions. Exos exhibits strategic excellence in customer satisfaction, service excellence, partnership, and transformational contributions to the community.

Exos community and aquatic management services will enhance your investment and bring to life the industry’s best practices. We will provide programming specifically designed to meet the diverse needs of your population, from the novice to the most experienced users. At Exos, community is more than just providing a space, it’s about creating connections and bringing individuals together.

We will provide The City of Imperial Beach with a collaborative approach to managing the program and deliver a phenomenal experience by continuously striving for excellence and monitoring the metrics most important to your needs.

We look forward to discussing how Exos can support the development and long-term success of your aquatics program at the Mar Vista High School pool.

Sincerely,
Samantha Linhart
Samantha Linhart
Senior General Manager

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3 COMMUNITY EXPERIENCE
Exos creates a world-class experience; where our team develops a welcoming and engaging environment that makes everyone feel valued and supported. Activating your aquatics program with Exos will create an engaging experience for your residents and non-residents that will lead to increased community connections. With Exos, your aquatics program will become a differentiated amenity that the City of Imperial Beach and its residents will value for many years to come.

All Exos staff receive training on how to engage, communicate, and provide a positive experience for participants. To promote a welcoming and inviting space from day pass usage to program preenrollment through ongoing participation, Exos staff use a combination of communication strategies, to connect with residents, non- residents, and participants.

EXOS OPERATING PRINCIPLES ELEVATE

PARTICIPANT SATISFACTION
We recognize that as your aquatics program partner and operator, Exos is an extension of the City of Imperial Beach as an employer; we take this responsibility very seriously. Our fundamental customer service principles create a consistent, engaging member experience. These principles include but are not limited to:

Culture of Service: Any partner that you work with should provide excellent customer service. We view this as one of the “brilliant basics” that we hope all clients’ demand. Exos goes a step above.

We will serve the needs of the population from the beginner in the water to the masters Swimmer, and help you strive toward innovation and success through inquisitive thinking and our performance mindset.

Make a Connection: With Exos, all Imperial City aquatic program participants, residents or nonresidents will be supported and treated with respect and care. When program participants connect with an Exos team member, they instantly feel value in the connection. Conversations are genuine and come from a place of interest in how the participant feels and how they are doing.

Participants will benefit from the knowledge that the team members bring, from all that is going on at the pool, to the community programs outside of the pool, to the knowledge of a professional who is certified by industry standards and is ingrained with the knowledge and skillset that Exos provides. It is through these personal connections that Exos coaches increase engagement with your aquatic program participants
One Team, One Community: We believe far more can be achieved with the support of a team. Our responsibility is to serve others. To be successful we must lean on each other. Our family is only as strong as the sum of its parts. Not only do we build a sense of community within the facility, but we also ensure that our team supports and plans events that give back to the community.

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4 PROGRAM ELEMENTS
The Exos team strategically develops outreach strategies and programming to positively influence your entire population, compliment your initiatives, and integrate with other on-site partners. With annual strategic planning and monthly reporting, Exos provides a clear snapshot of our team’s strategies and successes in building relationships and engaging your entire population.

IMPERIAL BEACH AQUATICS PROGRAM
As a coaching company that gets you and your team ready for the moments that matter, Exos recognizes that each client and employee population are unique. As such, we tailor our programs to meet the needs of your organization depending on demographics, work activity levels, roadblocks, and interests.

As part of the program identification process, we will work with you to review the objectives and top concerns already identified in your annual operating plan. We will also review available data from interest surveys, past program satisfaction results, and national trending data to deliver the right set of programming for your population in alignment with the joint use agreement Imperial Beach already has in place at the Mar Vista High School pool.

CURRENT PROGRAM OFFERINGS
Open Swim: Five (5) days a week for a total of

11.5 hours.

POTENTIAL PROGRAM OFFERINGS
Aquatic Fitness Programs, Masters Swim
Program, Learn-to-Swim Program, Swim
Lessons, & Safety Training Courses.

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5 OPERATIONAL EXCELLENCE
With Exos’ operational excellence protocols, the City of Imperial Beach, along with the Sweetwater Union High School District and Mar Vista High School, will experience a consistently clean and safe environment that ensures all athletes, students, faculty, and community members are excited to use the space. Our cleaning responsibilities prioritize safety and comfort. A clean space is a welcoming one. Following all partnered programs and designated hours of open swim as outlined in agreements, the Exos team will be responsible for returning the pool, and deck to its agreed upon state, inclusive of cleanliness, including wiping down equipment, locking up supplies, and returning deck furniture to its designated location. Our upkeep standards can include but are not limited to:
 Being aware of and looking for broken equipment in order to initiate repair procedures.  Creating and managing operational budgets for all sites that account for amenities, towels, clothing, cleaning supplies, office supplies, technology, marketing, etc.  Maintaining supplies such as towels, drinking cups, locker room amenities, educational handouts, and equipment cleaning supplies.
 Picking up and returning equipment, towels, magazines, newspapers, and other items in the locker room, pool deck, and other places within the aquatics center.

In addition to our tidiness and cleaning standards, we continue to adapt all cleaning procedures in the wake of the COVID-19 pandemic with a dedicated national task force to support our clients and onsite teams as they navigate facility re-opening strategies. We are working with each client to ensure compliance with state and local policies as well as developing creative solutions to ensure the health and comfort of each population, such as reserving time slots to workout at the facility which are spaced to give staff enough time for proper cleaning and sanitization. This guidance includes, but is not limited to, new safety considerations, cleanliness, facility usage recommendations, and communication strategies. We have instituted an array of upgrades and strategies to ensure the long-term safety and comfort of our members, such as instituting spacing and directional floor decals, hand sanitizer stations, group exercise spacing guidelines, and equipment spacing. When you visit a fitness center, you want to know that the equipment is in good condition and that the staff is knowledgeable and prepared in case of emergency. Exos has consistently prioritized safety as an operator.

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6 PRICING
Please see the table below for details our pricing proposal:

EXOS STAFFING AND MANAGEMENT PRICING
Budget Item: Staffing and Management Approximate Monthly Cost Aquatics Staffing and Management
Aquatics Manager, Head Lifeguard, and Lifeguards
Management Time 65 Hrs./Mo.

Lifeguard Time 227 Hrs./Mo.

Pool Attendant Time 31 Hrs./Mo.

Swim Lesson Instructor Time 21-49 Hrs./Mo.
(Depending on time of year)
Masters Swim Instructor Time 26 Hrs./Mo.

Water Group Fitness Time 6 Hrs./Mo.
$14,285.77
Operations Expenses
Inclusive of any billback which could be, but not limited to:

Team meeting expenses, Marketing
Pro-Shop cost of goods, Program and office supplies
Uniforms, Membership dues, travel reimbursements
$1,062.00
TOTAL ESTIMATED MONTHLY COST $15,347.77

PRICING NOTES
 Pricing includes staff salaries, wages, payroll taxes, group classes, insurance and benefits, account management, corporate overhead, and profit.
 The proposed staffing model aligns to the current offerings that Imperial Beach has as of March 2023. Staffing would grow in accordance with program offerings and hours of availability in alignment with the City of Imperial Beach.  All costs related to on-site staff support for management, training, sales, marketing, administrative, operational, accounting, and human resources are included.  Quote assumes that the City of Imperial Beach will provide the facilities, utilities, custodial services, staff computers, and internet connectivity.
 Exos can leverage our preferred suppliers and nationally negotiated pricing to purchase supplies such as wipes, group exercise equipment, locker room, and office supplies on behalf of the City of Imperial Beach. If the City of Imperial Beach prefers, Exos can hold supplier contracts and process/pay for these purchases on your behalf. These expenses will then be billed back on the monthly invoice plus a 6% fee to cover our administrative costs.

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7 CONCLUSION
By choosing to partner with Exos for aquatic center programming and management, the City of Imperial Beach can be confident that your program will reflect best practices established by industry experts and developed through many years of experience. Exos will engage the population in a caring, trustworthy, and fiscally responsible manner. We greatly appreciate being invited to present this proposal. As a next step, we look forward to your feedback and continued discussions to develop an action plan that will bring to life an exciting aquatics program for the Imperial Beach community.

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Attachment 3

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P a g e | 1
June 21, 2023
ITEM TITLE: CONSIDERATION OF AN INTERIM ORDINANCE IMPOSING A MORATORIUM

ON NEW RETAIL USES ENGAGED IN FIREARM OR AMMUNITION SALES AND FINDING

SUCH ORDINANCE EXEMPT FROM CEQA
ORIGINATING DEPARTMENT:

Community Development
EXECUTIVE SUMMARY:

The City recently received a business license application from a proposed firearms and ammunition retailer looking to locate a storefront retail use in Imperial Beach in the CMU-1 zone on Palm Avenue. The City does not currently have any specific regulations related to firearms or ammunition retail uses, and it is currently unclear if it could be considered a general retail use given the unique characteristics of the use. If this is a matter that the City Council would like to further study, the City Council could consider adopting an interim moratorium on the use until further study can be completed.

RECOMMENDATION:

City Staff recommends that the City Council consider the adoption of Ordinance No. 2023-1231 to adopt an interim moratorium.

OPTIONS:
 Adopt Interim Ordinance No. 2023-1231 by a 4/5 vote; or  Request additional information or options and provide further direction to City Staff.

BACKGROUND/ANALYSIS:

The City recently received a business license application from a proposed firearms retailer looking to locate a storefront retail use in Imperial Beach in the CMU-1 zone on Palm Avenue. Per Imperial Beach Municipal Code (IBMC) sections 4.04.110 and 4.04.130, the business license cannot be issued until the City has determined that the use is in compliance with the City’s zoning laws.

There are currently no storefronts for the retail sale of firearms or ammunition in the commercial/mixed use zones in the City, and Staff cannot recall any such storefront uses in recent history. Additionally, this type of use may be considered a unique use because sales can include both new and used merchandise and can also include private party transactions where a firearm is brought into the store to be transferred between private parties through the firearms license of the storeowner. The sale of ammunition and/or firearms may also be determined to be a sensitive

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use with respect to the location and operation of any such businesses which require additional requirements similar to other types of retail uses found in the IBMC such as pawn shops, cannabis outlets, smoke shops, and liquor stores which also require additional state and federal licenses to operate.

The Second Amendment to the United States Constitution upholds an individual’s right to “bear arms.” Federal and state laws regulate the sale and possession of firearms. Heightened sensitivity and community concern regarding firearms have prompted federal, state, and local governments to consider options to mitigate gun violence. As such, various local agencies across California have studied and adopted a variety of regulations on retailers that sell firearms or ammunition.

These types of reasonable regulations have been upheld by state and federal courts. In California, approximately 105 jurisdictions require firearm dealers to obtain a local license or permit in order to operate. Also, approximately 37 jurisdictions in California require firearm dealers to meet standards for site security and safe storage of inventory that are more rigorous than what is required by California Penal Code §§ 26890 and 17110. In addition, approximately 29 jurisdictions in California prohibit firearm dealers from operating within certain distances of “sensitive areas,” such as schools, day care centers, bars, and parks. Therefore, the City Council may want to consider adopting reasonable regulations with respect to operation of these businesses within the City.

Consideration of Interim Urgency Ordinance No. 2023-1231 Imposing a Moratorium on Retail Establishments Selling Firearms or Ammunition.

Because of the unique aspects of this use and the uncertainty with respect to how to classify the use, City Staff is submitting this item to the City Council for consideration to adopt Interim Ordinance 2023-1231 in Attachment 1 to further analyze and study potential regulations of retail establishments selling firearms or ammunition by imposing a moratorium on retail establishments selling firearms or ammunition.

The IBMC currently includes regulations and standards for unique businesses such as sexually oriented businesses, massage businesses, body-piercing, cannabis retail businesses, outdoor business activities, smoke shops, and tattoo parlors, but does not include standards or regulations on businesses that sell firearms or ammunition. Governments at all levels have a substantial interest in protecting individuals from those who use firearms, whether acquired lawfully or illegally, to commit crimes resulting in injury or death. Firearm retailers are already regulated by federal and state laws. Private sales of firearms must be through a licensed dealer. Further, the State of California Department of Justice Bureau of Firearms regulates the sales, ownership, and transfer of firearms and safety training. Purchasers are required to submit to a background check and a waiting period. For additional information on laws pertaining to firearms, please refer to the Firearm Laws Summary (2021) published by the California Department of Justice.

Local agencies across the state have adopted a variety of ordinances with regulations such as additional local licensing requirements and locational requirements, and the regulations have survived legal challenges. Several jurisdictions, including City of Burbank, Redwood City, Town of Los Gatos, City of San Carlos and County of Santa Cruz, have adopted moratoria on an urgency basis prohibiting new firearms or ammunition retailers while ordinances or regulations are studied and considered. Government Code Section 65858(a) authorizes a city to adopt as an urgency measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the city council is considering or studying or

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intends to study within a reasonable time if the city council finds that there is a current and immediate threat to the public health, safety, or welfare, and that the approval of additional subdivisions, use permits, variances, building permits, or any other applicable entitlement for use which is required in order to comply with a zoning ordinance would result in that threat to public health, safety, or welfare.

If the City Council determines that Staff should further study potential regulations relating to retail establishments engaged in the sale of firearms or ammunition, adoption of the Interim Ordinance imposing a moratorium on retail establishments selling firearms or ammunition would allow Staff time to research the issues and present a comprehensive proposal for Council future consideration. As noted above, before adopting such an interim ordinance, the City Council must make a finding that there is a current and immediate threat to public health, safety or welfare.

Under the City’s current IBMC, the sale of firearms or ammunition is not specifically regulated and could be considered as a permitted retail use in Commercial and Mixed-Use zoning districts. Many of the Commercial and Mixed-Use zoning districts include, are adjacent to, or are in close proximity to residential neighborhoods and other uses that include schools, child day care facilities, places of public assembly, community centers, and parks. In the absence of this moratorium, there is no way to thoroughly study and consider the appropriate location of retail establishments that sell firearms or ammunition in the City, thus impairing the City’s substantial interests in orderly, economically sustainable development, health, public safety, vitality and image of the City. If Interim Ordinance No. 2023-1231 is adopted, Staff would study, analyze, evaluate several options, and propose potential regulations concerning firearm retail establishments.

Options for further study and discussion could include:

1. Should the City impose locational restrictions on stores and retail establishments that sell firearms or ammunition? For example, cannabis businesses have distancing requirements from sensitive uses.

2. Which zones in the City should allow retail establishments that sell firearms or ammunition?

3. Should the City distinguish between a gun store, whose primary business is to sell guns and gun related merchandise and between a retail establishment that primarily sells sporting goods and devotes a minor portion of the retail floor space to gun display and sales (large regional/national chains).

4. As part of its review of the City’s zoning ordinance, should the City consider health and safety performance standards for new gun stores and retail establishments that sell firearms or ammunition? Other cities require security plans, operational requirements, and high levels of perimeter construction to prevent break-ins.

5. Should the City require a Conditional Use Permit process for new gun stores and retail establishments that sell firearms or ammunition?

6. Should the City require background checks to be conducted on all licensees, employees and agents working for the firearms business establishment, considering (among other things) crime history, restraining orders, substance abuse and mental disorders? For the reasons discussed above and identified in the proposed Interim Ordinance, there is a current and immediate threat to public health, safety, and welfare. A temporary moratorium would

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prevent new retail establishments engaged in the sale of firearms or ammunition from locating in the City until regulations are considered and adopted. By studying and analyzing our local land use regulations for the retail sale of firearms or ammunition during the moratorium, the City will be able to best tailor future regulations to the needs of our community to protect public health, safety, and welfare.

A 4/5th vote of the City Council is required to enact Interim Ordinance No. 2023-1231. The Ordinance would take effect immediately and be in effect for a period of up to 45 days. Thereafter, the City Council may extend the moratorium for 10 months and 15 days, with a second extension for up to a year, making the legal limit 2-years. Should the City Council adopt the Interim Ordinance at the June 21, 2023 City Council meeting, Staff will prepare an item for the City Council to consider a time extension of the Ordinance for the first meeting in August 2023. A time extension will be required because potential zoning changes take time. Additionally, Staff will need time to conduct research, obtain community input and coordinate among City departments such as the Sheriff, Community Development, City Manager’s Office, and the City Attorney’s Office.

Any extension would require a duly noticed public hearing.

ENVIRONMENTAL DETERMINATION:

Adoption of Ordinance No. 2023-1231 is exempt from review under the California Environmental Quality Act (CEQA) pursuant to the following, each a separate and independent basis: CEQA Guideline Section 15183 (Action Consistent with the General Plan and Zoning); Section 15378; and Section 15061(b)(3) (No Significant Environmental Impact).

FISCAL IMPACT:

Staff time and legal resources to study and review the issue and draft regulations.

ATTACHMENTS:

Attachment 1- Ordinance No. 2023-1231

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ATTACHMENT 1
ORDINANCE NO. 2023-1231

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH PURSUANT TO GOVERNMENT CODE SECTION 65858(A)

IMPOSING A MORATORIUM ON THE ESTABLISHMENT OF NEW

RETAIL USES ENGAGED IN FIREARM OR AMMUNITION SALES
WHEREAS, government at all levels has a substantial interest in protecting the people from those who acquire firearms or ammunition lawfully or illegally and then use them to commit crimes resulting in injury or death of their victims or who use them in the commission of other crimes such as robbery, sexual assault or homicide, and particularly mass shootings; and
WHEREAS, mass shootings occur in the United States on nearly a monthly basis; and WHEREAS, under the City’s current Municipal Code and zoning ordinance, the sale of firearms or ammunition is not specifically regulated and may be considered as permitted by right in Commercial/Mixed-Use zoning districts; and
WHEREAS, many of the Commercial/Mixed-Use zoning districts include, are adjacent to, or are in close proximity to residential neighborhoods and other uses that include schools, child day care facilities, places of public assembly, community centers, parks, and libraries; and
WHEREAS, without an immediate moratorium, a new retail establishment selling firearms or ammunition could obtain a business license and building permits in the City in a short period of time; and
WHEREAS, other California cities have adopted business and zoning regulations that govern the sale of firearms or ammunition. Several cities have also adopted moratoria on an urgency basis prohibiting new commercial sales of firearms or ammunition to provide time for the jurisdiction to extensively study the issue; and WHEREAS, the City has received an application for a new retail firearm establishment selling firearms and ammunition in the City; and
WHEREAS, the City Council finds and declares that it has questions and concerns about retail establishments that sell firearms or ammunition locating adjacent to residential neighborhoods and in proximity to schools, child day care facilities, parks, libraries, places of public assembly, and other businesses that cater to children and seeks to study potential regulations and procedures to ensure the future locations of retail establishments that sell firearms or ammunition do not detrimentally impact the health, safety and welfare of residential neighborhoods and other, specific sensitive uses; and WHEREAS, the City Council finds that it is necessary for City staff to study, develop,

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and propose regulations for review by the City Council within a reasonable time regarding new retail establishments selling firearms or ammunition in the City; and WHEREAS, the City Council finds that given the potential deleterious effect an otherwise lawful but unregulated establishments selling firearms or ammunition can have on other incompatible neighboring uses, adoption of this moratorium will provide City staff sufficient time to research this issue and present a comprehensive proposal to help ensure that the establishment of a retail use engaged in the sale of firearms or ammunition within the City will not be located as to be detrimental to the public health, safety and welfare; and WHEREAS, in the absence of this moratorium, there is no way to conduct an extensive study and consider the appropriate location of retail establishments that sell firearms or ammunition in the City, and where such establishments could be appropriately located in the City, and the nature and extent of health and safety regulations that should be imposed on such establishments due to the nature of the products they sell; and WHEREAS, in the absence of a moratorium, the City will not have the authority to review new retail establishments selling firearms or ammunition under the current zoning ordinance, thus impairing the City’s substantial interests in orderly, economically sustainable development, health, public safety, vitality and image of the City; and WHEREAS, the City Council has directed City staff to review, develop, and propose for review and adoption by the City Council, an ordinance for appropriate zoning and regulation of retail establishments selling firearms or ammunition.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH DOES ORDAIN AS FOLLOWS:

Section 1. Purpose and Findings.

A. The above recitals are true and correct, are incorporated herein, and are each relied upon independently as findings by the City Council for its adoption of this Interim Ordinance.

B. The Imperial Beach Municipal Code does not currently include specific zoning or other regulations concerning the retail sale of firearms or ammunition, but instead may include these uses with other general retail uses.

C. There is a current and immediate threat to the public peace, health, welfare and safety, specifically including possible permanent damage to the City’s aesthetic, health, safety and economic interests arising from the potential new retail uses selling firearms or ammunition considering the circumstances and effect such development would have on the City.

D. Maintaining the status quo zoning regulations has the potential to result in new retail uses that sell firearms or ammunition without the proper analysis of any potential impacts to public health, safety, and welfare. By studying and analyzing our local land use

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regulations for the retail sale of firearms or ammunition during the moratorium, the City will be able to best tailor future regulations to the needs of our community in order to protect public health, safety, and welfare.

E. Courts have held that State and Federal law authorizes local governments to impose additional licensing and zoning requirements on firearms or ammunition dealers.

F. This moratorium is necessary to prevent irreversible issuance of permits, business licenses, and developments that could have a detrimental effect on the health, safety and welfare of the community. Without it, the potential exists that establishment of new commercial operations engaged in the retail sale of firearms or ammunition within the City without addressing appropriate regulation could result in incompatibility of land uses and adverse impacts on residents, businesses and neighborhoods that present a current and immediate threat to the public health, safety, and welfare.

G. The City Council finds that it is necessary to adopt this Interim Ordinance pursuant to Government Code Section 65858(a) in order to protect the public health, welfare, and safety.

Section 2. Imposition of Interim Ordinance.

A. Moratorium. The City Council does hereby, pursuant to Government Code Section 65858(a), impose a moratorium for forty-five (45) days prohibiting the establishment of new retail uses engaged in firearm or ammunition sales.

Ten (10) days prior to the expiration of this Interim Ordinance or any extension thereof, the City Council shall issue a written report describing the measures that have been taken to study the relevant issues and to establish policies and regulations regarding firearm or ammunition sales within the City.

B. Definitions. For purposes of this Interim Ordinance, the terms below are defined as follows:
“Firearm” shall mean any pistol, revolver, rifle, shotgun or other device, designed to be used as a weapon, from which a projectile is expelled through a barrel by the force of an explosion or other form of combustion, or any device which is capable of being altered so as to expel a projectile in such manner.
“Ammunition” shall mean one or more loaded cartridges consisting of a primed case, propellant, and with one or more projectiles and includes, but is not limited to, any bullet, cartridge, magazine, clip, speed loader, autoloader, ammunition feeding device, or projectile capable of being fired from a firearm with a deadly consequence. “Ammunition” does not include blanks.
“Firearm or ammunition sales” shall mean the retail sale of firearms or ammunition by a firearms dealer, whether it is the principal sales item or incidental to the overall sales. This use includes firearms dealers that transfer and lease any

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firearms or related products.

C. Pending Applications/Emergency Measures. No business licenses, use permits, or zoning approvals for any new retail establishments engaged in firearm or ammunition sales in the City shall be approved, authorized or granted until such time as the City Council of the City of Imperial Beach has conducted an appropriate study of the effect of such uses on the City, which study is intended to occur within a reasonable amount of time. As to applications for permits or business licenses for new retail establishments engaged in firearm or ammunition sales in the City that have been submitted to the City or will be submitted to the City during the term of this Interim Ordinance, processing and review of such applications may continue, but shall not be finally approved during the pendency of this Interim Ordinance or any extensions thereof.

Section 3. Environmental Analysis. This Interim Ordinance is exempt from review under the California Environmental Quality Act (CEQA), pursuant to Sections 15060(c)(2), 15060(c)(3), and 15061(b)(3), because the Interim Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment, and only directs that a planning study be undertaken.

Section 4. Severability. If any section, subsection, sentence, clause, phrase or portion of this Interim Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Interim Ordinance. The City Council of the City of Imperial Beach hereby declares that it would have adopted this Interim Ordinance and such section, subsection, sentence, clause, phrase or portion may be declared invalid or unconstitutional.

Section 5. Effective Date/Expiration/Extension. This is an Interim Ordinance and requires a 4/5 vote of approval of all the members of the City Council. It goes into effect immediately upon its adoption. This Interim Ordinance shall remain in full force and effect for a period of 45 days from the date of passage of this Interim Ordinance and shall thereafter expire unless and until the City Council has extended this Interim Ordinance by a 4/5 vote prior to its expiration. The immediate effective date of this Interim Ordinance is necessary to preserve and protect the public health, safety, and welfare of the residents of the City.

Section 6. Publication. The City Clerk is directed to cause this Interim Ordinance to be published in the manner required by law.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Imperial Beach, California, on the 21st day of June, 2023 by the following vote:

AYES: Councilmembers –
NOES: Councilmembers –
ABSTAIN: Councilmembers –
ABSENT: Councilmembers –
__________________________________
Paloma Aguirre, Mayor

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ATTEST:
__________________________
Jacqueline Kelly, City Clerk
APPROVED AS TO FORM:
_________________________
Jennifer M. Lyon, City Attorney

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June 21, 2023
ITEM TITLE: RESOLUTION NO. 2023-55 ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2023-2024 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017. (0390-86)
ORIGINATING DEPARTMENT:

Public Works
EXECUTIVE SUMMARY:

The Road Repair and Accountability Act of 2017 (SB 1) attempts to address transportation funding shortfalls statewide by increasing per gallon fuel excise taxes, diesel fuel sales taxes, vehicle registration taxes, and providing for inflationary adjustments to rates in future years. The Act allocates funds from new taxes through a new Road Maintenance and Rehabilitation Account (RMRA). In order to be eligible for RMRA funding, the City must adopt a resolution approving the list of projects to receive RMRA funding in FY 2023-2024.

RECOMMENDATION:

Staff recommends that the City Council adopt Resolution 2023-55 approving the FY2023-2024 Project List for Senate Bill 1 (Road Repair and Accountability Act of 2017) Road Maintenance and Rehabilitation Account funding.

OPTIONS:
 Adopt the resolution approving the Project List for Fiscal Year 2023-2024.  Amend the resolution or provide staff direction.

BACKGROUND/ANALYSIS:

The state of California imposes per-gallon excise taxes on gasoline and diesel fuel, sales taxes on gasoline and diesel fuel and registration taxes on motor vehicles with allocations dedicated to transportation purposes. These allocations flow through the Highway Users Tax Account (HUTA), the familiar gasoline tax revenues that have been in place for decades, and the Road Maintenance and Rehabilitation Account which allocates much of the revenue from SB 1. SB 1 emphasizes the importance of accountability and transparency in the delivery of California’s transportation programs. In order to be eligible for funding, the City must adopt a resolution approving the list of projects to receive RMRA funding in FY 2023-2024. Staff recommends that the funding be applied towards the City of Imperial Beach SB 1 Project List for FY 2023-2024 shown on Attachment 2 which will be included in the Proposed Budget for FY 2023-2024. In accordance

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with the City’s Pavement Management Program, this Project List will implement road maintenance and rehabilitation improvements on 3rd Street, 5th Street, 7th Street, 8th Street, 9th Street, 10th Street, 11th Street, 12th Street, 15th Street, Calla Avenue, Carnation Avenue, Carolina Street, Cherry Avenue, Connecticut Street, Dahlia Avenue, Delaware Street, Ebony Avenue, Elder Avenue, Elkwood Avenue, Fern Avenue, Florida Street, Hemlock Avenue, Holly Avenue, Imperial Beach Boulevard and Palm Avenue. Included with the listed streets the City has added a Bobcat Compact Excavator and a CASE 580N Backhoe which will be purchased with RMRA funds.

In order to meet the SB 1 funding requirements for FY 2023-2024, City staff will submit to the California Transportation Commission the proposed List of Projects and adopted Resolution.

ENVIRONMENTAL DETERMINATION:

Not a project as defined by CEQA.

FISCAL IMPACT:

The City will receive an estimated $642,331 of RMRA funds in FY 2023-2024.

FY 2023-2024 RMRA funds: $ 642,331
Staff proposes to utilize the RMRA funds on City of Imperial Beach SB 1 Project List for FY2023- 2024 shown on Attachment 2.

FISCAL YEAR: 2023-2024
BUDGETED: Yes
BUDGET AMENDMENT No
ACCOUNT NO(S).: -
PROJECT NO(S).: -
FISCAL ANALYSIS: Expenditure of SB1 Funds were approved as part of the FY23-24, FY24-25 budget process
CURRENT BUDGET: -

ANTICIPATED
EXPENDITURE:
-
ATTACHMENTS:

ATT 1 - Resolution No. 2023-55
ATT 2 - FY 2023-2024 SB 1 Project List – Exhibit A to Resolution No. 2023-55

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ATTACHMENT 1
RESOLUTION NO. 2023-55

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, APPROVING THE FISCAL YEAR 2023-2024 PROJECT LIST FUNDED BY SB1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City must adopt by resolution a list of all projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement as shown on Exhibit A; and
WHEREAS, the City, will receive an estimated $642,331 in RMRA funding in Fiscal Year 2023-24 from SB 1; and
WHEREAS, this is the seventh year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate City streets in FY 2023-24 and in future years; and
WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City streets and roads are in a “good” condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a “very good” condition; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

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Resolution No. 2023-55

Page 2 of 2 ends

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

1. The foregoing recitals are true and correct

2. The following list of proposed projects (Exhibit A) will be funded in-part or solely with FY 2023-2024 Road Maintenance and Rehabilitation Account revenues PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its meeting held on the 21st day of June 2023, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

NONE

PALOMA AGUIRRE, MAYOR
ATTEST:

JACQUELINE M. KELLY, MMC

CITY CLERK

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Project Details
Title Description Location Component
PriorityStatus
Est. Schedule Useful Life
Start Complete Min Max Assem Senate
FY 24 AnnualRoadwayImprovementsProject
This project will include: Active Transportation Plan, ADACurb Ramp Installation (New), ADA Curb RampRehab/Repair (Existing), Bicycle Lane (New), Bicycle LaneRehab/Repair (Existing), Cost Estimating, DocumentPreparation, Pavement Improvement (New), PavementRehab/Repair (Existing), Paving and/or Striping Installation(New Safety), Paving and/or Striping Rehab/Repair (ExistingSafety), Sidewalk and/or Crosswalk Installation (New),Sidewalk and/or Crosswalk Rehab/Repair (Existing), StormDrain and/or Culvert Rehab/Repair (Existing), StormDrain/Culvert Installation (New), Traffic Signals, Lights,and/or Signage Installation (New Safety), Traffic Signals,Lights, and/or Signage Rehab/Repair (Existing Safety) 3rd Street, 5th Street, 7th Street,8th Street, 9th Street, 10thStreet, 11th Street, 12th Street,15th Street, Calla Avenue,Carnation Avenue, CarolinaStreet, Cherry Avenue,Connecticut Street, DahliaAvenue, Delaware Street, EbonyAvenue, Elder Avenue, ElkwoodAvenue, Fern Avenue, FloridaStreet, Hemlock Avenue, HollyAvenue, Imperial BeachBoulevard, Palm Avenue PreConstructionandConstruction
New 23/24
07/202301/2024
12/202306/2024
10 20 78 40
CASE 580NBackhoe
This project will include: Procurement of Public WorksEquipment City-wide Procurement/OperationalNeeds
New 23/24
07/2023 06/2024
10 15 78 40
BobcatCompactExcavator
This project will include: Procurement of Public WorksEquipment City-wide Procurement/OperationalNeeds
New 23/24
07/2023 06/2024
10 15 78 40
Attachment 2
Exhibit A to Resolution 2023-55

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June 21, 2023
ITEM TITLE: CONSIDERATION OF RESOLUTION NO. 2023-53 REPEALING AND REPLACING RESOLUTION NO. 2022-37 RAISING THE BANNERS OF EXISTING MILITARY

BRANCHES AND ADDING UNITED STATES SPACE FORCE AND THE HONOR & SACRIFICE FLAG ON THE FLAGPOLE AT CITY HALL. (0900-95)
ORIGINATING DEPARTMENT:

City Manager
EXECUTIVE SUMMARY:

On June 1, 2022, City Council adopted Resolution No. 2022-37 directing the City Manager to purchase and raise the banners of each branch of the United States Military on the flagpole at City Hall. However, the list did not include the Unites States Space Force banner. Currently the City purchases and raises the banners for Air Force, Army, Coast Guard, Marines and Navy. In addition to the existing schedule, there is a request to purchase and raise the banner of the Unites States Space Force and Honor & Sacrifice Flag.

RECOMMENDATION:

Staff is recommending that the City Council approve Resolution No. 2023-53 which will repeal and replace Resolution No. 2022-37 to raise the banner of all the United States Military Branches and include the United States Space Force in addition to the Honor & Sacrifice Flag.

OPTIONS:
 Approve Resolution No. 2023-53; or
 Request additional information and return item at a future meeting; or  Deny Resolution No. 2023-53
BACKGROUND/ANALYSIS:

On June 21, 2021, City Council approved Resolution No. 2022-37 directing the City Manager to annually purchase and raise the banners for a week of each branch of the United States Military on the flagpole at City Hall which include:

1. United States Air Force from September 18 to September 25

2. United States Army from July 1 to July 8

3. United States Coast Guard from August 4 to August 11

4. United States Marines from November 10 to November 17

5. United States Navy from October 13 to October 20
However, the initial resolution did not include the United States Space Force. Resolution No. 2023-53 would maintain the Air Force, Army, Coast Guard, Marines, Navy and add the United States Space Force.

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United States Space Force Banner to be raised the month of December.

It was also requested to raise the banner for the entire month instead of one week in accordance with the following schedule:

1. United States Air Force the month of September

2. United States Army the month of July

3. United States Coast Guard the month of August

4. United States Marines the month of November

5. United States Navy the month of October

6. Unites States Space Force the month of December
Furthermore, it was requested to purchase and raise the Honor & Sacrifice Flag in remembrance of September 11 to honor those in all divisions of public safety and first responders that lost their lives in an effort to save others.

Honor & Sacrifice Flag to be raised on September 11.

Due to holidays and administrative office closures on the weekends, some days when the banners are raised may be slightly modified. The public will be notified when the banners/flags are raised per schedule via social media post, newsletters, and city’s website.

Furthermore, on September 15, 2021, the City Council adopted Ordinance 2021-1203 establishing regulations for flags flown on City own flag poles. In addition to the flags of the United States and the flag of the State of California, the City of Imperial Beach may display additional flags on City owned flagpoles as authorized by the City Council, provided the display of does not show religious preference. In accordance with Section 12.58.020 (D), a Commemorative Flag may be flown at City Hall upon the affirmative vote of a majority of the City Council.

ENVIRONMENTAL DETERMINATION:

Not a project as defined by CEQA.

FISCAL IMPACT: The purchase of the United States Marine Corps and Space Force flags would be accounted in the current FY 24 operating budget.

ATTACHMENTS:

ATT 1 – Resolution No. 2023-53

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ATTACHMENT 1
RESOLUTION NO. 2023-53

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, REPEALING AND REPLACING RESOLUTION NO. 2022-37 RAISING THE BANNERS OF

EXISTING MILITARY BRANCHES AND ADDING UNITED STATES SPACE FORCE AND THE

HONOR & SACRIFICE FLAG ON THE FLAGPOLE AT CITY HALL
WHEREAS, in 2022, the City Council adopted Resolution No. 2022-37 directing the City Manager to purchase and raise the banners of each branch of the United States Military on the flagpole at City Hall; and
WHEREAS, the list did not include the Unites States Space Force; and WHEREAS, it was also requested to include the Honor & Sacrifice Flag in remembrance of September 11; and
WHEREAS, the City desires to recognize the service and dedication of those serving in each branch of the United States military; and
WHEREAS, the City Council has adopted regulations for raising commemorative flags on flagpoles owned by the City of Imperial Beach; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Imperial Beach as follows:

1. Directs the City Manager to purchase and annually raise the banner of each branch of the United States military consistent with the following schedule:
a. United States Air Force the month of September
b. United States Army the month of July
c. United States Coast Guard the month of August
d. United States Marines the month of November
e. United States Navy the month of October
f. Unites States Space Force the month of December

2. Directs the City Manager to purchase and annually raise the Honor & Sacrifice Flag on September 11 to honor those in all divisions of public safety and first responders that lost their lives in an effort to save others.

3. Adoption of Resolution No. 2023-53 repeals and replaces Resolution No. 2022-37.

4. The recitals in the preamble of this resolution are deemed to be true and incorporated into this resolution.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its meeting held on the 21st day of June 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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June 21, 2023
ITEM TITLE: ITEM TITLE: RESOLUTION NO. 2023-58 AUTHORIZING A BUDGET

AMENDMENT FOR A COMPREHENSIVE SECURITY CAMERA AND ACCESS CONTROL SYSTEM AT CITY HALL. (0400-10)
ORIGINATING DEPARTMENT:

Information Technology
EXECUTIVE SUMMARY:

Resolution No. 2023-58 would authorize a budget amendment to the FY 23/24 budget for a comprehensive security and access control system at city hall. The intent of the cameras and control system is for security purposes and to protect the physical integrity of City infrastructure and resources and mitigate possible threats and hazards. To protect City property, it would be desirable to integrate the best safety and security practices with technology. Security cameras and access control systems utilization are critical to a comprehensive security program.

Resolution No. 2023-58 would also authorize the City Manager or designee to enter into an agreement with Convergint Technologies, LLC for the installation and maintenance of the cameras and related technology.

RECOMMENDATION:

Staff recommends that the City Council approve Resolution No. 2023-58 authorizing a budget amendment for a comprehensive security and access control system at city hall and authorize the City Manager or designee to enter into a professional services agreement with Convergint Technologies, LLC for the installation and maintenance of the technology.

OPTIONS:
 Approve staff recommendation and Resolution No. 2023-58; or  Request additional information for a future meeting; or  Deny staff recommendation and Resolution No. 2023-58.

BACKGROUND/ANALYSIS:

City Hall facilities were built in the early 1950’s with a unique design creating compressed access to administrative offices, chambers, meeting areas, and parking lot. City Hall is not designed to have a reception area and instead has independent offices leaving one main hallway for access creating blind spots in case of an emergency or crime. The security cameras will be used to monitor City Hall property, provide surveillance in the event of incidents or violations, and offer a

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valuable resource for investigating crimes. The access control systems provide the safety and security of the City Hall building. In addition, it gives proper access to authorized employees using a proximity card or proxy card, enabling them to easily enter the building and offices without concern of a security breach.

The Information Technology Department requested and received quotes from the following qualified vendors:
 BayAlarm
 VectorUSA
 Convergint
All three vendors have the ability to provide security technology and accomplish the City’s needs.

After reviewing the quotes and recommendations from all the vendors it has been determined that Convergint is the best vendor suited to meet the City’s needs with respect to providing security cameras and access control systems.

Convergint provides on-premise security systems, which are housed in a physical location. The on-prem servers and storage capture and store data from security cameras, access control systems, sensors, and alarms transmitted over an internal network. The cost of the cameras and access control licenses and equipment, including the installation, are one-time costs.

BayAlarm and VectorUSA recommended cloud security systems which capture and store sensitive data from the same security sources but house them in the cloud. The recorded data is transmitted over the Internet. In addition, transmission speeds and image quality are determined by the type of Internet connection and variable traffic conditions on the network. Furthermore, there will be ongoing costs for camera licenses, and maintenance which cost would increase over time.

The City of Imperial Beach has adopted a Records Retention Schedule and the video surveillance will be consistent with the City retention schedules.

ENVIRONMENTAL DETERMINATION:

Not a project as defined by CEQA.

FISCAL IMPACT:

FISCAL YEAR: FY 2022-23
BUDGETED: NO

BUDGET AMENDMENT YES
ACCOUNT NO(S).: 101-1920-419.9003 (Transfer out
$140,000)
503-0000-391.9001 (Transfer in
General Fund $140,000)
503-1923-519.2006 (Professional
Services $140,000)
PROJECT NO(S).: T23101
FISCAL ANALYSIS: Resolution 2023-58 increases
revenues(transfers) expenditures

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in the Information Technology
Fund (503) for a net-zero effect. It
increases (expenditures) of
General Fund (101) by $140,000.

General Fund has a sufficient
reserve to fund the increase.

CURRENT BUDGET: 0

ANTICIPATED
EXPENDITURE:
$140,000
ATTACHMENTS:

ATT 1 – Resolution No. 2023-58

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Attachment 1
RESOLUTION NO. 2023-58

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA,

FOR A BUDGET AMENDMENT AND AUTHORIZING THE CITY MANAGER OR DESIGNEE

TO ENTER INTO AN AGREEMENT WITH CONVERGINT TECHNOLOGIES, LLC FOR

INSTALLATION AND MAINTENANCE OF THE SECURITY CAMERA AND ACCESS

CONTROL TECHNOLOGY
WHEREAS, cameras and control system assist for security purposes and to protect the physical integrity of City infrastructure and resources and mitigate possible threats and hazards; and
WHEREAS, the access control systems provide the safety and security of the City Hall building; and
WHEREAS, it gives proper access to authorized employees using a proximity card or proxy card, enabling them to easily enter the building and offices without concern of a security breach; and
WHEREAS, staff requested and received quotes from the following qualified vendors; and WHEREAS, the cost of the cameras and access control licenses and equipment, including the installation, will be a one-time cost of $140,000.

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

1. The above statement are correct.

2. The City Manager or designee is authorized to execute the agreement with Convergint Technology for the installation and maintenance of the cameras and access control system.

3. Authorize the Finance Director to increase expenditures in account 503-1923- 519.2006 (Professional Services) and increase revenues (transfers) in the Information Technology Fund in account 503-0000-391.9001 (Transfer in General Fund), and increases expenditures (transfers) of the General Fund in account 101-1920-419.9003 (Transfer Out) by $140,000.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its meeting held on the 21st day of June 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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Imperial Beach City CouncilJune 21, 2023

Imperial Beach City Council
June 21, 2023