LAST MINUTE AGENDA INFORMATION
10/04/2023 Regular Council Meeting
(Agenda Related Writings/Documents provided to a majority of the City Council after distribution of the Agenda Packet for the October 4, 2023, meeting.) ITEM NO. DESCRIPTION
13.a INTRODUCTION OF ORDINANCE NO.
2023-1237 AMENDING TITLE 12.08 OF THE
IMPERIAL BEACH MUNICIPAL CODE
RELATING TO STREETS, SIDEWALKS AND
PUBLIC PLACES. (0460-10)
a. ATT 1 - 2023-1237 Right of Way
Improvements Ordinance
(Strikethrough Version)
13.b INTRODUCTION OF ORDINANCE NO.
2023-1236 AMENDING TITLE 8.36.160 OF THE
IMPERIAL BEACH MUNICIPAL CODE
RELATING TO HEALTH AND SAFETY. (0460-10)
a. ATT 1 - 2023-1236 Amended
Ordinance (Strikethrough Version)
Attachment 1
ORDINANCE NO. 2023-1237
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, AMENDING CHAPTER 12.08 OF THE MUNICIPAL CODE OF THE CITY OF IMPERIAL BEACH
RELATING TO STREETS, SIDEWALKS AND PUBLIC PLACES
WHEREAS, Title 12.08 of the Imperial Beach Municipal Code requires all persons completing new structures, additions, or remodels with a building permit valuation exceeding $50,000 to install new sidewalks, curbs, gutters, streets and alleys when such items do not currently exist; and
WHEREAS, the amendment would provide a better nexus for the public improvement installation requirements by revising the thresholds for the type and value of private, on-site improvements.
NOW, THEREFORE, the City of Imperial Beach hereby ordains as follows:
SECTION 1. The above recitals are true and correct and incorporated herein as though set forth in full.
SECTION 2. Chapter 12.08 of the Imperial Beach Municipal Code is hereby amended to read as follows:
12.08.010 Definitions.
For the purpose of this chapter, the following definitions shall apply:
“Condominium conversion” means the conversion of any apartment building or project to a condominium or other independent unit form of ownership. “New structure or building” means one where the building permit valuation exceeds $5100,000.00, and does not includes remodeling work, accessory dwelling units, additions to existing structures or buildings, or a detached garage.
“Paved portion of street” means that portion of the street improved by road oil mix or any greater type of paving.
“Shoulder” means the distance between curb and the edge of the paved portion of street. (Ord. 2006-1043 § 1; Ord. 92-860 § 1, 1992; Ord. 339, 1973; prior code § 8020)
12.08.020 Applicability of provisions.
Every person, firm or corporation installing or erecting a new structure or building and the owner or person converting any apartment building or project to the condominium or other independent unit form of ownership within this City shall be responsible for complying with the requirements of this chapter. (Ord. 339, 1973; prior code § 8021)
Last Minute Agenda Information
Date: 10-04-2023
Item:13.a
a.1
Ordinance No. 2023-1237
Ordinance relating to Streets, Sidewalks, and Public Places
12.08.030 Installation required by owner/builder.
A. If in front of the new building or condominium conversion there has not been installed either or all sidewalks or curbs or gutters, the owner/builder shall concurrently with such construction/conversion or prior to completion thereof, cause to be installed, and there shall be installed, sidewalks, curbs and gutters in front of the premises if the premises front upon a dedicated street.
B. If in front of the new building or condominium conversion there has previously been installed sidewalks, curbs or gutters that do not comply with current Americans with Disabilities Act (ADA) specifications, the owner/builder shall concurrently with such construction/conversion or prior to completion thereof, cause to be modified, and there shall be installed new ADA-compliant sidewalks, curbs and gutters in front of the premises if the premises front upon a dedicated street.
C. Sidewalks, curbs and gutters shall be installed in conformity with the ordinances of this City. (Ord. 339 1973; prior code §§ 8021.1, 8021.2)
12.08.040 Installation permit prerequisite to building permit.
No building permit shall be issued for the construction or erection of any building or structure or condominium conversion clearance granted until a permit has been secured to install or cause to be installed curbs, gutters, sidewalks, streets and alleys. (Ord. 339, 1973; prior code § 8022)
12.08.050 Dedication of right-of-way prerequisite to building permit issuance.
No building permit shall be issued for the construction or erection of any building or structure until the owner of the subject property has dedicated to the City for use as a public street or right-ofway sufficient land for such street or right-of-way in conformity with the actual or proposed development of an existing street or right-of-way. (Ord. 340 § 1, 1973; prior code § 8024)
12.08.060 Shoulder improvements required.
If there is a paved center strip of street existing in front of the property upon which it is contemplated erecting a structure or building or making a condominium conversion, and there is no improved shoulder connecting the gutter or proposed gutter to the center paved portion of the street, then the person, firm or corporation installing or erecting a new structure or building or making a conversion within the City shall improve the shoulder in accordance with the ordinances of the City and secure a permit therefor prior to the issuance of any building permit or condominium conversion clearance. (Ord. 339, 1973; prior code § 8023)
12.08.070 Paving to street centerline required.
In the event there is no paved portion existing in the street in front of the property upon which it is contemplated erecting a structure or building or making a condominium conversion, the firm or corporation installing or erecting a new structure or making a conversion within the City shall improve such street to the centerline of the street in accordance with the ordinances of the City Last Minute Agenda Information
Date: 10-04-2023
Item:13.a
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Ordinance No. 2023-1237
Ordinance relating to Streets, Sidewalks, and Public Places
and shall secure a permit therefor prior to the issuance of any building permit or condominium conversion clearance. (Ord. 700 § 1, 1987; Ord. 339, 1973; prior code § 8023.1)
12.08.080 Exceptions.
In the event that the installation of sidewalks or curbs or gutters or shoulders or either of them, cause a dangerous or defective condition to property, or it would be extremely impractical to so install or construct the same, then the property owner or his or her agent may apply to the Planning Commission of the City for an exception to the provisions of this chapter, stating the grounds and reasons therefor. If the Planning Commission, in its discretion, feels that the grounds or exceptions are reasonable and should be granted, the Planning Commission may exempt the person from the provisions of this chapter. (Ord. 339, 1973; prior code § 8024)
12.08.085 Alley improvement required.
In the event that an alley contiguous to a property upon which it is contemplated erecting a structure or building or making a condominium conversion is not improved to City standards, the firm or corporation installing or erecting such structure or making such conversion within the City shall improve or guarantee such alley to full width in accordance with the ordinances of the City, and shall secure a permit therefor prior to the issuance of any building permit or condominium conversion clearance, according to the following:
A. For any development for which the adjacent unimproved alley is immediately adjacent to an alley section which is improved to City standards, the developer shall install the alley improvements for the frontage of that development site with that development.
B. For any development for which the adjacent unimproved alley is not immediately adjacent to an alley section improved to City standards, the developer shall provide or guarantee alley improvements as follows:
1. For residential development which would result in a one-family dwelling, a duplex or double-detached dwellings, or a triplex on the development site, the developer shall provide a lien contract for the improvement of the alley adjacent to the development site, in lieu of installation of alley improvements at the time of the development.
2. For residential development which would result in four or more dwelling units in that portion of the City bounded by Seacoast Drive, Imperial Beach Boulevard, Third Street and Donax Avenue, and development which would result in six or more dwelling units elsewhere in the City, the developer shall install alley improvements for the frontage of the development site on the adjacent alley and out to the nearest street connection or nearest improved alley section which connects to a street.
3. For residential development which would result in fewer than four dwelling units in the area bounded by Seacoast Drive, Imperial Beach Boulevard, Third Street and Donax Avenue, and which would result in fewer than six dwelling units elsewhere in the City, the developer shall provide a lien contract for the improvement of the alley immediately adjacent to the development site in lieu of installation of alley improvements at the time of the development.
Last Minute Agenda Information
Date: 10-04-2023
Item:13.a
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Ordinance No. 2023-1237
Ordinance relating to Streets, Sidewalks, and Public Places
4. For development other than that covered by paragraphs 1 through 3 of this subsection, the developer shall install alley improvements for the frontage of the development site on the adjacent alley and out to the nearest street connection or nearest improved alley section which connects to a street. (Ord. 700 § 2, 1987)
12.08.090 Immediate installations waiver.
If the City finds that the grade of the street or alley is difficult to establish or that improvements of like kind and character have not been made by adjoining property owners, they may waive the immediate installation of the improvements. (Ord. 339, 1973; prior code § 8024.1)
12.08.100 Lien contracts for required improvements.
A. A lien contract will permit the applicant to contract with the City for the improvements and will permit a lien to be placed against the real property for the contemplated improvements under this chapter.
B. The City Engineer or designated representative shall by affidavit state the value of the contemplated improvement for the purpose of inserting a value in the lien contract. (Ord. 339, 1973; prior code §§ 8024.2, 8024.3)
12.08.110 Appeals.
Any person aggrieved by the decision of the Planning Commission in granting or denying exceptions may, within 10 days from date of such ruling of the Planning Commission, file with the City Clerk an appeal to the City Council from the ruling or decision. The City Council shall thereupon, at their next regular meeting or such time thereafter as they may designate, decide the appeal. (Ord. 339, 1973; prior code §§ 8025, 8025.1)
12.08.120 Reimbursement of City assessment district contribution.
Any person who has been relieved of this requirement to install the improvements required by this chapter as a result of such improvements having previously been installed through an assessment district proceeding in which the subject property was not assessed shall reimburse the City for its contribution to such assessment district. Such contribution shall not exceed the amount of the assessment against the subject property that would have been assessed if the property had been a part of the assessment district. The reimbursement fee required by this section shall be paid to the City prior to the issuance of any building permit for the construction or erection of any building or structure upon the subject property. (Ord. 443 § 2, 1978; prior code § 8026)
EFFECTIVE DATE: This Ordinance shall be effective thirty (30) days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of Imperial Beach, California, on the 4
th day of October 2023; and thereafter PASSED AND
ADOPTED at a regular meeting of the City Council of the City of Imperial Beach, California, on Last Minute Agenda Information
Date: 10-04-2023
Item: 13.a
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Ordinance No. 2023-1237
Ordinance relating to Streets, Sidewalks, and Public Places
the 18th day of October 2023, by the following roll call vote:
AYES: COUNCILMEMBERS: BRAGG, MCCOY, ROSE, KING, JANNEY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
PALOMA AGUIRRE, MAYOR
ATTEST:
JACQUELINE M. KELLY, MMC
CITY CLERK
APPROVED AS TO FORM:
JENNIFER LYON
CITY ATTORNEY
Last Minute Agenda Information
Date: 10-04-2023
Item:13.a
a.5
Attachment 1
ORDINANCE NO. 2023-1236
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, AMENDING CHAPTER 8.36.160 TO THE MUNICIPAL CODE OF THE CITY OF IMPERIAL
BEACH RELATING TO HEALTH AND SAFETY
WHEREAS, Title 8.36.160 of the Municipal Code requires all owners and occupants of buildings and lots in the City to keep sidewalks, curbs, gutters, and parkways adjacent to their properties clean and free of refuse, weeds, and noxious vegetation as a matter of public health and safety; and
WHEREAS, it can be inferred that the Municipal Code intended to have owners and occupants address litter and weeds around all areas separating their property from the City’s Right-of-Way, further clarity would be gained by including alleys within the prescribed list.
NOW, THEREFORE, the City of Imperial Beach hereby ordains as follows:
SECTION 1. The above recitals are true and correct and incorporated herein as though set forth in full.
SECTION 2. Chapter 8.36.160 of the Imperial Beach Municipal Code is hereby amended to read as follows:
8.36.160 Owner or occupant duty to keep sidewalk litter-free.
It is the duty of all owners and occupants of buildings in the City and the duty of all owners of vacant lots in the City to keep the sidewalks, curbs, gutters, and parkways, and alleys adjacent to such premises clean and free of any type of solid waste, food, paper, wood, garbage, pollution, or refuse of any kind whatsoever, and all noxious or unsalutary weeds and vegetation. (Ord. 2022- 1213 § 2; Ord. 2020-1193 § 2; Ord. 2005-1027 §§ 8, 9; Ord. 846, 1992) EFFECTIVE DATE: This Ordinance shall be effective thirty (30) days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of Imperial Beach, California, on the 4
th day of October 2023; and thereafter PASSED AND
ADOPTED at a regular meeting of the City Council of the City of Imperial Beach, California, on the 18th day of October 2023, by the following roll call vote:
AYES: COUNCILMEMBERS: BRAGG, MCCOY, ROSE, KING, JANNEY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
PALOMA AGUIRRE, MAYOR
Last Minute Agenda Information
Date: 10-04-2023
Item:13.b
a.1
Ordinance No. 2023-1236
ATTEST:
JACQUELINE M. KELLY, MMC
CITY CLERK
APPROVED AS TO FORM:
JENNIFER LYON
CITY ATTORNEY
Last Minute Agenda Information
Date: 10-04-2023
Item: 13.b
a.2