Imperial Beach City Council
November 6, 2024

6 CONSULTANT shall assume liability for the wrongful or negligent acts, errors and omissions of its officers, agents and employees and subcontractors in regard to any functions or activity carried out by them on behalf of CITY pursuant to the terms of this Agreement.

Section 14. CONSULTANT NOT AN AGENT.

Except as CITY may specify in writing, CONSULTANT shall have no authority, expressed or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONSULTANT shall have no authority, expressed or implied, pursuant to this Agreement to bind CITY to any obligation whatsoever.

Section 15. INDEMNITY.

To the fullest extent permitted by law, CONSULTANT shall indemnify, defend, and hold harmless the CITY, and its officers, officials, agents and employees from any and all claims, demands, costs or liability that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, its employees, agents, and subcontractors in the performance of services under this Agreement. CONSULTANT’s duty to indemnify under this section shall not include liability for damages for death or bodily injury to persons, injury to property, or other loss, damage or expense arising from the active or sole negligence or willful misconduct by the CITY or its elected officials, officers, agents, and employees. CONSULTANT's indemnification obligations shall not be limited by the insurance provisions of this Agreement. The PARTIES expressly agree that any payment, attorney's fees, costs or expense CITY incurs or makes to or on behalf of an injured employee under the CITY's self-administered workers' compensation is included as a loss, expense, or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement.

Section 16. TERMINATION.

CITY may terminate this Agreement at any time by giving ten (10) calendar days written notice to CONSULTANT of such termination and specifying the effective date thereof at least ten (10) calendar days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by CONSULTANT shall, at the option of CITY, become the property of CITY. If this Agreement is terminated by CITY as provided herein, CONSULTANT will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of CONSULTANT covered by this Agreement, less payments of compensation previously made.

Should CONSULTANT be in default of any covenant or condition hereof, CITY may immediately terminate this Agreement for cause if CONSULTANT fails to cure the default within ten (10) calendar days of receiving written notice of the default.

Section 17. NON-DISCRIMINATION.

CONSULTANT shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin, nor shall CONSULTANT discriminate against any qualified individual with a disability. CONSULTANT will take affirmative action to insure applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex or national origin and shall make reasonable accommodation to qualified individuals with disabilities. Such action shall include, but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by CITY setting forth the provisions of this non-discrimination clause.

7 Section 18. GENERAL CONDITIONS.

CONSULTANT shall provide no services for any private client within the corporate boundaries of CITY during the period that this Agreement is in effect, nor shall CONSULTANT, without, previous written permission from the PROJECT COORDINATOR, review any plan, map or other work which to the best of CONSULTANT’s knowledge has been submitted by a private client for which CONSULTANT has performed work within the previous 12 months or anticipates performing work in the succeeding 12 months. CONSULTANT shall immediately notify the PROJECT COORDINATOR in writing whenever CONSULTANT has reason to believe that aforementioned circumstance exists. CONSULTANT knows of no interests where it holds nor of any relationship it has or may have that would constitute a conflict of CONSULTANT performing the duties set forth in this Agreement solely in the best interest of CITY.

Section 19. OFFICE SPACE AND CLERICAL SUPPORT.

CONSULTANT shall provide its own office space and clerical support at its sole cost and expense.

Section 20. SUBCONTRACTORS.

20.1. The CONSULTANT’s hiring or retaining of third parties (i.e. subcontractors) to perform services related to this Agreement is subject to prior approval by the CITY.

20.2. All contracts entered into between the CONSULTANT and its subcontractor shall also provide that each subcontractor shall obtain insurance policies which shall be kept in full force and effect during any and all work related to this Agreement and for the duration of this Agreement.

CONSULTANT shall require the subcontractor to obtain all policies described in Section 13 above in the amounts required by the CITY, which shall not be greater than the amounts required of CONSULTANT.

20.3. In any dispute between CONSULTANT and its subcontractor, the CITY shall not be a party to any judicial or administrative proceeding to resolve the dispute. CONSULTANT agrees to defend and indemnify the CITY as described in Section 15 of this Agreement should the CITY be a party to any judicial or administrative proceeding to resolve any such dispute.

Section 21. CONFIDENTIAL RELATIONSHIP.

CITY may from time to time communicate to CONSULTANT certain information to enable CONSULTANT to effectively perform the services. CONSULTANT shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of CITY. CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Section 21, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information (ii) is, through no fault of CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.

CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of CITY. In its performance hereunder, CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation.

8 Section 22. MEDIATION.

In the event of a dispute between CITY and CONSULTANT concerning the terms of this Agreement or its performance, the PARTIES may, but are not required to, agree to submit such dispute to mediation. If both PARTIES agree to mediation, CITY and CONSULTANT agree to cooperate in good faith to promptly select a mediator, to schedule a mediation session, and to attempt to settle the claim or dispute through mediation.

Section 23. NOTICES.

All communications to either party by the other party shall be deemed made when received by such party at its respective name and address, as follows:

Erika N. Cortez Nicole Dragoo, JD
Chief Administrative Officer Chief Executive Officer
City of Imperial Beach Chandler Asset Management
825 Imperial Beach Blvd. 9255 Towne Centre Dr., Suite 600 Imperial Beach CAs 91932 San Diego, CA 92121
Any such written communications by mail shall be conclusively deemed to have been received by the addressee five (5) business days after the deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above.

Section 24. CALIFORNIA LAW; VENUE.

This Agreement and its performance shall be governed, interpreted, construed, and regulated by the laws of the State of California. Any action brought to enforce or interpret any portion of this Agreement shall be brought in the County of San Diego, California. CONSULTANT hereby waives any and all rights it might have pursuant to California Code of Civil Procedure § 394.

Section 25. ENTIRE AGREEMENT.

This Agreement, and its Exhibits, set forth the entire understanding of the PARTIES. There are no other understandings, terms or other agreements expressed or implied, oral or written. In the event there are conflicting provisions between the Agreement and any Exhibits, the Agreement provisions shall take precedence. No change, alteration, or modification of the terms or conditions of this Agreement, and no verbal understanding of the PARTIES, their officers, agents, or employees shall be valid unless agreed to in writing by both PARTIES.

Section 26. SEVERABILITY.

If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion shall be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement shall continue in full force and effect.

Section 27. TIME IS OF ESSENCE.

Time is of the essence for each and every provision of this agreement that states a time for performance and for every deadline imposed by the PROJECT COORDINATOR.

9 Section 28. COMPLIANCE WITH LAW.

CONSULTANT shall comply with applicable laws in effect at the time the services are performed hereunder which, to the best of its knowledge, information and belief, apply to its obligations under this Agreement.

Section 29. STATEMENT OF EXPERIENCE.

By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness, and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private owners, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency.

Section 30. CONFLICTS OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS.

During the term of this Agreement CONSULTANT shall not act as consultant or perform services of any kind for any person or entity whose interests conflict in any way with those of the CITY.

CONSULTANT shall comply with the applicable terms of the Political Reform Act and the local conflict of interest ordinance. CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which CONSULTANT has a financial interest as defined in Government Code Section 87103. CONSULTANT represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the Agency.

CONSULTANT shall comply with all of the applicable reporting requirements of the Political Reform Act and local ordinance. Specifically, within 30 days of receiving notice from the CITY that CONSULTANT has been determined by the CITY to have a reporting requirement under the Political Reform Act, see Exhibit “B”, CONSULTANT shall file Statements of Economic Interest with the City Clerk of the CITY in a timely manner on forms which CONSULTANT shall obtain from the City Clerk .

Section 31. RESPONSIBILITY FOR EQUIPMENT.

CITY shall not be responsible nor held liable for any damage to persons or property consequent upon the use, misuse, or failure of any equipment used by CONSULTANT or any of CONSULTANT’s employees or subcontractors, even if such equipment has been furnished, rented, or loaned to CONSULTANT by CITY. The acceptance or use of any such equipment by CONSULTANT, CONSULTANT’s employees, or subcontractors shall be construed to mean that CONSULTANT accepts full responsibility for and agrees to exonerate, indemnify and hold harmless CITY from and against any and all claims for any damage whatsoever resulting from the use, misuse, or failure of such equipment.

Section 32. NO WAIVER.

No failure of either the CITY or CONSULTANT to insist upon the strict performance by the other of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement shall constitute a waiver of any such breach of such covenant, term or condition.

Section 33. DRAFTING AMBIGUITIES.

The PARTIES agree that they are aware that they have the right to be advised by counsel with

10 respect to the negotiations, terms and conditions of this Agreement, and the decision of whether or not to seek advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each Party. This Agreement shall not be construed in favor of or against either Party by reason of the extent to which each Party participated in the drafting of the Agreement.

Section 34. CONFLICTS BETWEEN TERMS.

If an apparent conflict or inconsistency exists between the main body of this Agreement and the Exhibits, the main body of this Agreement shall control. If a conflict exists between an applicable federal, state, or local law, rule, regulation, order, or code and this Agreement, the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this Agreement, the Exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirement shall control. Each Party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this Agreement.

Section 35. EXHIBITS INCORPORATED.

The Parties hereby incorporate Exhibit “A” – Additional Terms into this Agreement.

Section 36. SIGNING AUTHORITY.

The representative for each Party signing on behalf of a corporation, partnership, joint venture or governmental entity hereby declares that authority has been obtained to sign on behalf of the corporation, partnership, joint venture, or entity and agrees to hold the other Party or PARTIES hereto harmless if it is later determined that such authority does not exist. ***SIGNATURES ON FOLLOWING PAGE***

11 IN WITNESS WHEREOF the PARTIES hereto have executed this Agreement the day and year first hereinabove written.

CONSULTANT/CONSULTANT: CITY OF IMPERIAL BEACH,
Company Name A municipal corporation

Nicole Dragoo, CEO Tyler Foltz, City Manager
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

Jennifer M. Lyon, City Attorney Erika N. Cortez, CAO

12 EXHIBIT A – ADDITIONAL TERMS

1. City Representative. In its capacity as investment manager, Chandler shall receive all instructions, directions and other communications on City's behalf respecting City's account from ________________ (Representative). Consultant is hereby authorized to rely and act upon all such instructions, directions and communications from such Representative or any agent of such Representative.

2. Investment Policy. In investing and reinvesting City’s assets, Consultant shall comply with City’s Investment Policy, which is attached hereto as Exhibit D.

3. Authority of Consultant. Consultant is hereby granted full discretion to invest and reinvest all assets under its management in any type of security it deems appropriate, subject to the instructions given or guidelines set by Representative.

4. Electronic Delivery. From time to time, Consultant may be required to deliver certain documents to City such as account information, notices and required disclosures. City hereby consents to Consultant’s use of electronic means, such as email, to make such delivery. This delivery may include notification of the availability of such document(s) on a website, and City agrees that such notification will constitute “delivery”. City further agrees to provide Consultant with City’s email address(s) and to keep this information current at all times by promptly notifying Consultant of any change in email address(s).

City email address(s):______________________________________________________________

5. Proxy Voting. Consultant will vote proxies on behalf of City unless otherwise instructed. Consultant has adopted and implemented written policies and procedures and will provide City with a description of the proxy voting procedures upon request. Consultant will provide information regarding how City’s proxies were voted upon request. To request proxy policies or other information, please contact us by mail at the address provided, by calling 800-317-4747 or by emailing your request to [email protected].

6. Custody of Securities and Funds. Consultant shall not have custody or possession of the funds or securities that City has placed under its management. City shall appoint a custodian to take and have possession of its assets. City recognizes the importance of comparing statements received from the appointed custodian to statements received from Consultant. City recognizes that the fees expressed above do not include fees City will incur for custodial services.

7. Valuation. Consultant will value securities held in portfolios managed by Consultant no less than monthly. Securities or investments in the portfolio will be valued in a manner determined in good faith by Consultant to reflect fair market value.

8. Investment Advice. City recognizes that the opinions, recommendations and actions of Consultant will be based on information deemed by it to be reliable, but not guaranteed to or by it. Provided that Consultant acts in good faith, City agrees that Consultant will not in any way be liable for any error in judgment or for any act or omission, except as may otherwise be provided for under the Federal Securities laws or other applicable laws.

13 9. Payment of Commissions. Consultant may place buy and sell orders with or through such brokers or dealers as it may select. It is the policy and practice of Consultant to strive for the best price and execution and for commission and discounts which are competitive in relation to the value of the transaction and which comply with Section 28(e) of the Securities and Exchange Act. Nevertheless, it is understood that Consultant may pay a commission on transactions in excess of the amount another broker or dealer may charge, and that Consultant makes no warranty or representation regarding commissions paid on transactions hereunder.

10. Other Clients. It is further understood that Consultant may be acting in a similar capacity for other institutional and individual clients, and that investments and reinvestments for City's portfolio may differ from those made or recommended with respect to other accounts and clients even though the investment objectives may be the same or similar. Accordingly, it is agreed that Consultant will have no obligation to purchase or sell for City's account any securities which it may purchase or sell for other clients.

11. Receipt of Brochure and Privacy Policy. City hereby acknowledges receipt of the disclosure statement or "brochure" and “brochure supplement” also known as Part 2A and Part 2B of Form ADV, required to be delivered pursuant to Rule 204-3 of the Investment Advisers Act of 1940 (Brochure). City further acknowledges receipt of Consultant’s Privacy Policy, as required by Regulation S-P.

14 EXHIBIT B - CONSULTANT CONFLICT OF INTEREST QUESTIONNAIRE The City of Imperial Beach Conflict of Interest Code requires consultants who make or participate in the making of governmental decisions to disclose their personal assets that might be materially affected by their official actions. Such consultants are required to file a Statement of Economic Interests within 30 days of beginning their duties under the terms of a contract services agreement with the City, on an annual basis thereafter during the term of the contract, and within 30 days of completion of services.

Your answers on the following questionnaire will help to determine whether a consultant's scope of duties includes the making or participating in the making of governmental decisions which may foreseeably have a material effect on the consultant's own financial interests. Such consultants' statements of economic interests may also provide information to help you determine whether a particular consultant should be disqualified from taking certain actions to avoid a conflict of interest.

The following questionnaire should be completed for every individual assigned to provide consulting services by the company identified below.

Consultant Name
Company Name
Project Description
Term of Service Begins Ends
Administering Dept

SIGNED DATE
A. Will the consultant assist in making governmental decisions relating to:

1. Approval of a rate, rule or regulation? Yes No

2. Adoption or enforcement of a law? Yes No

3. Issuance, denial, suspension or revocation of any permit, license, application, certificate, approval, order, or similar authorization or entitlement?
Yes No

4. Recommendation to the agency to enter into, modify, or renew a contract? Yes No

5. Granting agency approval of a contract to which the agency is a party, or to the specifications for such a contract? Yes No

6. Granting agency approval to a plan, design, report, study, or similar item? Yes No

7. Adoption or approval of policies, standards, or guidelines for the agency, or for any subdivision thereof? Yes No
B. Will the consultant serve in a staff capacity with the agency and in that capacity perform the same or substantially all the same duties for the agency that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code? Yes No
C. Will the consultant manage public investments? Yes No

15 CITY MANAGER DETERMINATION REGARDING

CONSULTANT FILING CONFLICT OF INTEREST STATEMENT
Pursuant to the duly adopted City of Imperial Beach Conflict of Interest Code, this document shall serve as the written determination regarding the following consultant, the retention of whose services are under consideration by the City of Imperial Beach:

Name of Consultant Chandler Asset Management
Company Name Chandler Asset Management
Services to be Rendered Investment Management and Other Financial Services Based upon review of the attached Consultant Conflict of Interest Questionnaire, it is hereby determined that:

This consultant's duties are limited in scope and thus will not be required to fully comply with the disclosure requirements in the City's Conflict of Interest Code.

This consultant's duties are significant in scope and thus will be required to comply with the disclosure requirements in the City's Conflict of Interest Code.

A Statement of Economic Interests shall be filed with the City Clerk's Department no later than 30 days after the City Council's approval of the contract services agreement.

The consultant's Statement of Economic Interests shall disclose all financial interests within the following disclosure categories, as delineated in the City's Conflict of Interest Code:

Signed:

Tyler Foltz Date
City Manager

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November 6, 2024
ITEM TITLE: APPROVE FINAL MAP (TM-23-0001) FOR NEW MIXED-USE DEVELOPMENT WITH 2,212 SQUARE FEET OF COMMERCIAL SPACE AND FOURTEEN (14) RESIDENTIAL UNITS, WHICH ARE INCLUSIVE OF TWO AFFORDABLE UNITS AT 236 PALM AVE. (APN 625-023-07-00) MF 1380/USE-22-0077. (0600-20)
ORIGINATING DEPARTMENT:

Community Development
EXECUTIVE SUMMARY:

Staff is requesting that the City Council approve the Final Map for one new mixed-use development with approximately 2,212 square feet of commercial space and fourteen (14) residential units, which are inclusive of two affordable units, at 236 Palm Avenue (APN 625-023- 07-00). The project was initially approved by the City Council on June 15, 2022. The project received a total of two extensions on June 7, 2023, and November 15, 2023.

RECOMMENDATION:

That the City Council approve the Final Map for recordation.

OPTIONS:
 Approve the final map.
 Disapprove the final map for the project by making specific findings showing that the final map is not in substantial compliance with the previously approved tentative map.  Request additional information.

BACKGROUND/ANALYSIS:

The Tentative Map for the new mixed-use development with approximately 2,212 square feet of commercial space and fourteen (14) residential units, which are inclusive of two affordable units, at 236 Palm Avenue (APN 625-023-07-00) was approved by the City Council on June 15, 2022.

The project received a total of two extensions on June 7, 2023, and November 15, 2023. As a part of the project, the City Council approved Resolution No. 2022-46 approving the vacation and sale of a portion of the City’s right-of-way and easements at the northwest corner of Palm Avenue and Silver Strand Boulevard pursuant to conditions of approval listed within the signed Resolution 2022-46. Additionally, pursuant to Resolution 2022-45, for the entitlement approvals for the project, the developer was required to dedicate a minimum of one foot of private property frontage along Palm Avenue for public use. The applicant/developer submitted a Tentative Map consolidating the two existing lots and a portion of the right of way and easements into a single lot and dedicating one foot of private property for public use. The Final Map substantially conforms to the approved Tentative Map. Pursuant to Map Act Section 66474.1 and 66447 and Imperial Beach Municipal Code Section 18.48.020, the final map with the dedication must be approved by

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the legislative body, City Council. The applicant is in the process of complying with the conditions of the Tentative Map as stipulated in Resolution Nos. 2022-45, 2022-46, and relevant plans.

ENVIRONMENTAL DETERMINATION:

This project may be statutorily exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15268 project (Ministerial Projects).

FISCAL ANALYSIS:

The applicant has deposited $6,500.00 to fund the processing of the project application.

COASTAL JURISDICTION:

The site is located within the coastal zone as defined by the California Coastal Act of 1976, and the City Council evaluated and approved the project with respect to conformity with coastal permit findings on June 15, 2022.

ATTACHMENTS:

ATT 1 – Final Map
ATT 2 – Reso. 2022-46
ATT 3 – Reso. 2022-45

ATTACHMENT 1











 






 

 










 





 


 









 










  

 


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Attachment 3

Resolution No. 2022-45

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

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

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

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

A YES: COUNCILMEMBERS: AGUIRRE, LEYBA-GONZALEZ, FISHER, NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: DEDINA
DISQUALIFIED: COUNCILMEMBERS: SPRIGGS
ATTEST:

P a g e | 1
November 6, 2024
ITEM TITLE: RESOLUTION 2024-074 AUTHORIZING AN ADMINISTRATIVE SERVICES AGREEMENT WITH MISSION SQUARE RETIREMENT FOR MANAGEMENT OF CITY’S 457(B) DEFERRED COMPENSATION RETIREMENT PLAN. (0520-30) ORIGINATING DEPARTMENT:

Finance
EXECUTIVE SUMMARY:

Since 1989, the City of Imperial Beach has offered a 457(b) Deferred Compensation benefit for all City employees through Mission Square Retirement (previously ICMA RC). A 457(b) plan is a tax-deferred retirement savings plan. Contributions to the plan are made by employees through payroll deductions. The City does not incur any costs for the plan’s administration as fees are charged to plan participants directly. The City has engaged in negotiations with Mission Square Retirement for a fee reduction that would benefit employees participating in the retirement plan.

RECOMMENDATION:

Staff recommends the City Council adopt Resolution No. 2024-074 authorizing the City Manager or designee to execute an agreement with Mission Square Retirement for management and administration of City’s 457(b) Deferred Compensation Plan.

OPTIONS:
 Adopt Resolution No. 2024-074 authorizing the City Manager or designee to execute an Administrative Agreement with Mission Square Retirement  Request additional information
 Deny Resolution No. 2024-074
BACKGROUND/ANALYSIS:

Since 1989, the City of Imperial Beach has contracted Mission Square Retirement (previously ICMA RC) to offer a 457(b) Deferred Compensation benefit for all City employees. A 457(b) plan is a tax-deferred retirement savings plan. Funds are withdrawn, pre-tax, from an employee’s salary with income tax paid on withdrawals, typically at retirement, after the funds have had several years to grow.

Employees make regular contributions deducted from their paychecks. Contributions are made to an account in the employee’s name for the exclusive benefit of the employee and their beneficiaries. The value of the account is based on the contributions made and the investment performance over time. The benefit intends to create savings for retirement in addition to the employee pension and social security while providing tax-deferral of income.

The current plan administration agreement follows R1 pricing structure based on the value of the City’s total assets under management. This plan administration fee is 0.55% with net expense

P a g e | 2
ratios of 0.94% - 1.65%. The proposed agreement follows R5 pricing structure which eliminates the plan administration fee resulting in net expense ratios ranging between 0.2% - 1.11%. The proposed pricing structure is typical for a much larger asset value plan as it is funded by revenue share rather than as an assessed administrative fee. A change from the current R1 to R5 pricing structure would result in estimated annual savings of $28,000 for City employees while adding no costs to the City.

The change would require a 7-year initial contract to allow for plan costs to be offset with revenues arising from the exclusive use of Mission Square. This exclusivity is subject to Mission Square complying in all material respects with the services to be performed by it under the Agreement such as enrollment and recordkeeping services, managing customer helpline, security, benefit distribution, etc. After the initial term, the contract would phase out into an annual renewal cycle cancellable upon 60-day notice.

ENVIRONMENTAL DETERMINATION:

Not a project as defined by CEQA.

FISCAL IMPACT:

There is no cost to the City. Plan fees are charged to participants. The pricing structure change is estimated to save $28,000 for City employees annually.

ATTACHMENTS:

ATT 1 – Resolution No. 2024-074
ATT 2 – Administrative Services Agreement with Mission Square Retirement for Management and Administration of City’s 457(b) Deferred Compensation Plan ATT 3 – R1 (Current) and R5 (Proposed) Pricing Comparison for Various Retirement Investment Funds

ATTACHMENT 1
RESOLUTION NO. 2024-074

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

APPROVING AN AGREEMENT WITH MISSION SQUARE RETIREMENT FOR MANAGEMENT OF CITY’S 457(B) DEFERRED COMPENSATION RETIREMENT PLAN, AND AUTHORIZING

THE CITY MANAGER OR DESIGNEE TO EXECUTE THE AGREEMENT
WHEREAS, since 1989, the City of Imperial Beach has offered a 457(b) Deferred Compensation benefit for City employees through Mission Square Retirement (previously ICMA RC); and
WHEREAS, a 457(b) plan is a tax-deferred retirement savings plan; and WHEREAS, the City does not incur any costs for the plan’s administration as fees are charged to plan participants directly; and
WHEREAS, the City has engaged in negotiations with Mission Square Retirement for a fee reduction which would benefit employees participating in the retirement plan; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Imperial Beach as follows:

1. That the recitals above are true and correct.

2. That the City Manager or designee is hereby authorized and directed to execute an Administrative Agreement with Mission Square Retirement for management and administration of the City’s 457(b) Deferred Compensation Plan, pursuant to the terms and rates as specified in the Agreement.

3. That the City Manager is hereby authorized and directed to take whatever actions are appropriate to carry out the purpose and intent of this Resolution.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its meeting held on the 6th day of November 2024, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

PALOMA AGUIRRE, MAYOR
ATTEST:

JACQUELINE M. KELLY, MMC

CITY CLERK

ADMINISTRATIVE SERVICES AGREEMENT
for

City of Imperial Beach CA

Type: 457

Account #: 303087
ATTACHMENT 2

MissionSquare Retirement Agreement 1 of 12

ADMINISTRATIVE SERVICES AGREEMENT
This Administrative Services Agreement (“Agreement”), made as of this day, (please enter date) ____________________________________, (herein referred to as the "Inception Date"), between the International City Management Association Retirement Corporation doing business as MissionSquare Retirement (“MissionSquare”), a nonprofit corporation organized and existing under the laws of the State of Delaware, and the City of Imperial Beach CA (“Employer”), an Entity organized and existing under the laws of the State of California with an office at 825 Imperial Beach Boulevard, Imperial Beach, California 91932.

RECITALS
Employer acts as public plan sponsor of a retirement plan (“Plan”), and in that capacity, has responsibility to obtain administrative services and investment alternatives for the Plan;
VantageTrust is a group trust established and maintained in accordance with New Hampshire Revised Statutes Annotated section 391:1 and Internal Revenue Service Revenue Ruling 81-100, 1981-1 C.B. 326, which provides for the commingled investment of retirement funds;
MissionSquare, or its wholly owned subsidiary, acts as investment adviser to VantageTrust Company, LLC, the Trustee of VantageTrust; MissionSquare has designed, and VantageTrust Company offers, a series of separate funds (the “Funds”) for the investment of plan assets as referenced in the Funds’ principal disclosure documents, the Disclosure Memorandum and the Fact Sheets (together, “MissionSquare Disclosures”); and MissionSquare provides a range of services to public employers for the operation of employee retirement plans including, but not limited to, communications concerning investment alternatives, account maintenance, account recordkeeping, investment and tax reporting, transaction processing, and benefit disbursement.

Plan number 303087
MissionSquare Retirement Agreement 2 of 12

AGREEMENTS

1. Appointment of MissionSquare
Employer hereby appoints MissionSquare as administrator of the Plan to perform all nondiscretionary functions necessary for the administration of the Plan. The functions to be performed by MissionSquare shall be those set forth in Exhibit A to this Agreement.

2. Adoption of VantageTrust
Employer has adopted the Declaration of Trust of VantageTrust Company and agrees to the commingled investment of assets of the Plan within VantageTrust.

Employer agrees that the investment, management, and distribution of amounts deposited in VantageTrust shall be subject to the Declaration of Trust, as it may be amended from time to time and shall also be subject to terms and conditions set forth in disclosure documents (such as the MissionSquare Disclosures or Employer Bulletins) as those terms and conditions may be adjusted from time to time.

3. Exclusivity Agreement
Employer agrees that for the initial or succeeding term of this Agreement specified in Section 10, so long as MissionSquare continues to perform in all material respects the services to be performed by it under this Agreement, Employer shall not obtain plan administration from anyone other than MissionSquare. Employer acknowledges that MissionSquare has agreed to the compensation to be paid to MissionSquare under this Agreement in the expectation that MissionSquare will be able to offset costs allocable to performing this Agreement with revenues arising from Employer's exclusive use of MissionSquare at the rates provided herein throughout the initial or succeeding term.

4. Employer Duty to Furnish Information
Employer agrees to furnish to MissionSquare on a timely basis such information as is necessary for MissionSquare to carry out its responsibilities as Administrator of the Plan, including information needed to allocate individual participant accounts to Funds in the Plan, and information as to the employment status of participants, and participant ages, addresses, and other identifying information (including tax identification numbers). Employer also agrees that it will notify MissionSquare in a timely manner regarding changes in staff as it relates to various roles. Such notification is to be completed through the plan sponsor website. MissionSquare shall be entitled to rely upon the accuracy of any information that is furnished to it by a responsible official of the Employer or any

Plan number 303087
MissionSquare Retirement Agreement 3 of 12
information relating to an individual participant or beneficiary that is furnished by such participant or beneficiary, and MissionSquare shall not be responsible for any error arising from its reliance on such information. MissionSquare will provide reports and account information to the Employer through the plan sponsor website.

Employer is required to send in contributions through the plan sponsor website.

Alternative electronic methods may be allowed but must be approved by MissionSquare for use. Contributions may not be sent through paper submittal documents.

To the extent Employer selects third-party investment options that do not have profile information provided to MissionSquare through MissionSquare’s electronic data feeds from external sources (such as Morningstar) or the thirdparty investment option providers, the Employer is responsible for providing to MissionSquare timely investment option updates for disclosure to Plan participants. Such updates may be provided to MissionSquare through the Employer’s investment consultant or other designated representative.

5. MissionSquare Representations and Warranties
MissionSquare represents and warrants to Employer that:
(a) MissionSquare is a non-profit corporation with full power and authority to enter into this Agreement and to perform its obligations under this Agreement. The ability of MissionSquare, or its wholly owned subsidiary, to serve as investment adviser to VantageTrust Company is dependent upon the continued
willingness of VantageTrust Company for MissionSquare, or its wholly owned subsidiary, to serve in that capacity.
(b) MissionSquare is an investment adviser registered as such with the U.S. Securities and Exchange Commission under the Investment Advisers Act of 1940, as amended.
(c)(i) MissionSquare shall maintain and administer the 457(b) Plan in accordance with the requirements for eligible deferred
compensation plans under Section 457 of the Internal Revenue Code and other applicable federal law; provided, however, that MissionSquare shall not be responsible for the eligible status of the 457(b) Plan in the event that the Employer directs MissionSquare to administer the 457(b) Plan or disburse assets in a manner inconsistent with the requirements of Section 457 or otherwise causes the 457(b) Plan not to be carried out in accordance with its terms. Further, in the event that the Employer uses its own

Plan number 303087
MissionSquare Retirement Agreement 4 of 12
customized plan document, MissionSquare shall not be
responsible for the eligible status of the 457(b) Plan to the extent affected by terms in the Employer’s plan document that differ from those in MissionSquare’s model plan document. MissionSquare shall not be responsible for monitoring state or local law applicable to retirement plans or for administering the 457(b) Plan in compliance with local or state requirements regarding plan administration unless Employer notifies MissionSquare of any such local or state requirements.
(c)(ii) MissionSquare shall maintain and administer the 401(a) Plan in accordance with the requirements for plans which satisfy the qualification requirements of Section 401 of the Internal Revenue Code and other applicable federal law; provided, however, MissionSquare shall not be responsible for the qualified status of the 401(a) Plan in the event that the Employer directs
MissionSquare to administer the 401(a) Plan or disburse assets in a manner inconsistent with the requirements of Section 401 or otherwise causes the 401(a) Plan not to be carried out in accordance with its terms; provided, further, that if the plan document used by the Employer contains terms that differ from the terms of MissionSquare's model plan document, MissionSquare shall not be responsible for the qualified status of the 401(a) Plan to the extent affected by the differing terms in the Employer's plan document. MissionSquare shall not be responsible for monitoring state or local law applicable to retirement plans or for administering the 401(a) Plan in compliance with local or state requirements regarding plan administration unless Employer notifies MissionSquare of any such local or state requirements.

6. Employer Representations and Warranties
Employer represents and warrants to MissionSquare that:
(a) Employer is organized in the form and manner recited in the opening paragraph of this Agreement with full power and authority to enter into and perform its obligations under this Agreement and to act for the Plan and participants in the manner contemplated in this Agreement. Execution, delivery, and performance of this Agreement will not conflict with any law, rule, regulation or contract by which the Employer is bound or to which it is a party.
(b) Employer understands and agrees that MissionSquare’s sole function under this Agreement is to act as recordkeeper and to

Plan number 303087
MissionSquare Retirement Agreement 5 of 12
provide administrative, investment or other services at the direction of Plan participants, the Employer, its agents or designees in accordance with the terms of this Agreement. Under the terms of this Agreement, MissionSquare does not render investment advice, is neither the “Plan Administrator” nor “Plan Sponsor” as those terms are defined under applicable federal, state, or local law, and does not provide legal, tax or accounting advice with respect to the creation, adoption or operation of the Plan and its related trust. MissionSquare does not perform any service under this Agreement that might cause MissionSquare to be treated as a “fiduciary” of the Plan under applicable law, except, and only, to the extent that MissionSquare provides investment advisory services to individual participants enrolled in Guided Pathways Advisory Services.
(c) Employer acknowledges and agrees that MissionSquare does not assume any responsibility with respect to the selection or retention of the Plan’s investment options. Employer shall have exclusive responsibility for the Plan’s investment options, including the selection of the applicable share class.
(d) Employer acknowledges that certain such services to be performed by MissionSquare under this Agreement may be
performed by an affiliate or agent of MissionSquare pursuant to one or more other contractual arrangements or relationships, and that MissionSquare reserves the right to change vendors with which it has contracted to provide services in connection with this Agreement without prior notice to Employer.
(e) Employer approves the use of its Plan in MissionSquare external media, publications and materials. Examples include press releases announcements and inclusion of the general plan information in request for proposal responses.

7. Participation in Certain Proceedings
The Employer hereby authorizes MissionSquare to act as agent, to appear on its behalf, and to join the Employer as a necessary party in all legal proceedings involving the garnishment of benefits or the transfer of benefits pursuant to the divorce or separation of participants in the Plan. Unless Employer notifies MissionSquare otherwise, Employer consents to the disbursement by MissionSquare of benefits that have been garnished or transferred to a former spouse, current spouse, or child pursuant to a domestic relations order or child support order.

Plan number 303087
MissionSquare Retirement Agreement 6 of 12

8. Compensation and Payment
(a) MissionSquare’s compensation under this Agreement shall be as set forth in subsection (b) below.
(b) Compensation for Management Services to VantageTrust Company, Compensation for Advisory and other Services to the MissionSquare Funds Class M and Payments from ThirdParty Investment Options. Employer acknowledges that MissionSquare, or its wholly owned subsidiary, receives fees from VantageTrust Company for investment advisory services and plan and participant services furnished to VantageTrust Company.

Employer further acknowledges that MissionSquare, including certain of its wholly owned subsidiaries, receives compensation for advisory and other services furnished to the MissionSquare Funds Class M, which serve as the underlying portfolios of a number of Funds offered through VantageTrust. For a MissionSquare Fund Class R that invests substantially all of its assets in a third-party mutual fund not affiliated with MissionSquare, MissionSquare or its wholly owned subsidiary receives payments from the third-party mutual fund families or their service providers in the form of 12b-1 fees, service fees, compensation for sub-accounting and other services provided based on assets in the underlying third-party mutual fund. These fees are described in the MissionSquare Disclosures and MissionSquare’s fee disclosure statement. In addition, to the extent that third party options are included in the investment line-up for the Plan, MissionSquare receives administrative fees from its third-party settlement and clearing agent for providing administrative and other services based on assets invested in third-party investment options; such administrative fees come from payments made by third-party investment options to the settlement and clearing agent. (c) Redemption Fees. Redemption fees imposed by outside investment options in which Plan assets are invested are collected and paid to the investment option by MissionSquare.

MissionSquare remits 100% of redemption fees back to the specific investment option to which redemption fees apply. These redemption fees and the individual investment option’s policy with respect to redemption fees are specified in the prospectus for the individual mutual fund and referenced in the MissionSquare Disclosures.

Plan number 303087
MissionSquare Retirement Agreement 7 of 12
(d) Payment Procedures. All payments to MissionSquare pursuant to this Section 8 shall be made from Plan assets held by VantageTrust or received from third-party investment options or their service providers in connection with Plan assets invested in such thirdparty investment options, to the extent not paid by the Employer.

The amount of Plan assets administered by MissionSquare shall be adjusted as required to reflect any such payments as are made from the Plan. In the event that the Employer agrees to pay amounts owed pursuant to this Section 8 directly, any amounts unpaid and outstanding after 30 days of invoice to the Employer shall be withdrawn from Plan assets.

The compensation and payment set forth in this Section 8 are contingent upon the Employer’s using MissionSquare’s plan sponsor website for contribution processing and submitting contribution funds by ACH or wire transfer on a consistent basis over the term of this Agreement. The compensation in this Section 8 is also based on the assets of the Plan being invested in R5 shares of MissionSquare PLUS Fund and the Employer offering the MissionSquare PLUS Fund as the sole stable value option.

The compensation and payment in this Section 8 will take effect in the calendar quarter following receipt at a Delivery Address (defined below the signature line) of one fully executed copy of this Administrative Services Agreement based upon the following schedule:
• Agreement received by February 20 – Effective April
• Agreement received by May 20 – Effective July
• Agreement received by August 20 – Effective October
• Agreement received by November 20 – Effective January Employer further acknowledges and agrees that compensation and payment under this Agreement shall be subject to re-negotiation in the event that the Employer (a) chooses to implement additional mutual funds that neither (i) trade via NSCC nor (ii) meet MissionSquare’s daily trading operational guidelines or (b) chooses to implement investment options that are not mutual funds.

9. Indemnification
MissionSquare shall not be responsible for any acts or omissions of any person with respect to the Plan or its related trust, other than MissionSquare in connection with the administration or operation of the Plan. Employer shall indemnify MissionSquare against, and hold MissionSquare harmless from, any and all loss, damage, penalty, liability, cost, and expense, including without limitation, reasonable attorney’s fees, that may be incurred by, imposed upon, or asserted against MissionSquare by reason of any claim, regulatory

Plan number 303087
MissionSquare Retirement Agreement 8 of 12
proceeding, or litigation arising from any act done or omitted to be done by any individual or person with respect to the Plan or its related trust, excepting only any and all loss, damage, penalty, liability, cost or expense resulting from MissionSquare’s negligence, bad faith, or willful misconduct.

10. Term
This Agreement shall be in effect and commence on the date all parties have signed and executed this Agreement (“Inception Date”). The term of this Agreement will commence on the Inception Date and extend seven (7) years from that date. This Agreement will be renewed automatically for each succeeding year unless written notice of termination is provided by either party to the other no less than 60 days before the end of such Agreement year. The Employer understands and acknowledges that, in the event the Employer terminates this Agreement (or replaces the MissionSquare PLUS Fund of VantageTrust as an investment option in its investment line-up), MissionSquare retains full discretion to release Plan assets invested in the MissionSquare PLUS Fund in an orderly manner over a period of up to 12 months from the date MissionSquare receives written notification from the Employer that it has made a final and binding selection of a replacement for MissionSquare as administrator of the Plan (or a replacement investment option for the MissionSquare PLUS Fund).

11. Amendments and Adjustments
(a) This Agreement may be amended by written instrument signed by the parties.
(b) MissionSquare may modify this Agreement by providing 60 days’ advance written notice to the Employer prior to the effective date of such proposed modification. Such modification shall become effective unless, within the 60-day notice period, the Employer notifies MissionSquare in writing that it objects to such modification.
(c) The parties agree that enhancements may be made to administrative services under this Agreement. The Employer will be notified of enhancements or reduction in fees through electronic messages or special mailings.

12. Notices
Unless otherwise provided in this Agreement, all notices required to be delivered under this Agreement shall be in writing and shall be delivered, mailed, e-mailed or faxed to the location of the relevant party set forth below or

Plan number 303087
MissionSquare Retirement Agreement 9 of 12
to such other address or to the attention of such other persons as such party may hereafter specify by notice to the other party.

MissionSquare: Legal Department, MissionSquare, 777 North Capitol Street, N.E., Suite 600, Washington, D.C., 20002-4240 Facsimile; (202) 962-4601
Employer: at the office set forth in the first paragraph hereof, or to any other address, facsimile number or e-mail address designated by the Employer to receive the same by written notice similarly given.

Each such notice, request or other communication shall be effective: (i) if given by facsimile, when transmitted to the applicable facsimile number and there is appropriate confirmation of receipt; (ii) if given by mail or e-mail, upon transmission to the designated address with no indication that such address is invalid or incorrect; or (iii) if given by any other means, when actually delivered at the aforesaid address.

13. Complete Agreement
This Agreement shall constitute the complete and full understanding and sole agreement between MissionSquare and Employer relating to the object of this Agreement and correctly sets forth the complete rights, duties and obligations of each party to the other as of its date. This Agreement supersedes all written and oral agreements, communications or negotiations among the parties. Any prior agreements, promises, negotiations or representations, verbal or otherwise, not expressly set forth in this Agreement are of no force and effect.

14. Titles
The headings of Sections of this Agreement and the headings for each of the attached Exhibits are for convenience only and do not define or limit the contents thereof.

15. Incorporation of Exhibits
All Exhibits (and any subsequent amendments thereto), attached hereto, and referenced herein, are hereby incorporated within this Agreement as if set forth fully herein.

Plan number 303087
MissionSquare Retirement Agreement 10 of 12

16. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California, applicable to contracts made in that jurisdiction without reference to its conflicts of laws provisions.

In Witness Whereof, the parties hereto certify that they have read and understand this Agreement and all Exhibits attached hereto and have caused this Agreement to be executed by their duly authorized officers as of the Inception Date first above written.

CITY OF IMPERIAL BEACH CA
By ____________________________________________
Signature/Date
By ____________________________________________
Name and Title (Please Print)

THE INTERNATIONAL CITY MANAGEMENT

ASSOCIATION RETIREMENT CORPORATION
doing business as MISSIONSQUARE

RETIREMENT
By ___________________________________________
Erica McFarquhar
Assistant Secretary

[An execution copy will be provided via DocuSign]

Plan number 303087
MissionSquare Retirement Agreement 11 of 12
Exhibit A
Administrative Services
The administrative services to be performed by MissionSquare under this Agreement shall be as follows:
(a) Participant enrollment services are provided online. Employees will enroll online through a secure site or the Employer will enroll employees through the plan sponsor website.
(b) Establishment of participant accounts for each employee participating in the Plan for whom MissionSquare receives appropriate enrollment instructions. MissionSquare is not responsible for determining if such Plan participants are eligible under the terms of the Plan.
(c) Allocation in accordance with participant directions received in good order of individual participant accounts to investment options offered under the Plan.
(d) Maintenance of individual accounts for participants reflecting amounts deferred, income, gain or loss credited, and amounts distributed as benefits.
(e) Maintenance of records for all participants for whom participant accounts have been established. These files shall include enrollment instructions (provided to MissionSquare through the participant website or the plan sponsor website), beneficiary designation instructions and all other documents concerning each participant's account.
(f) Provision of periodic reports to the Employer through the plan sponsor website. Participants will have access to account information through Participant Services, Voice Response System, the participant website, and text access, and through quarterly statements that can be delivered electronically through the participant website or by postal service. (g) Communication to participants of information regarding their rights and elections under the Plan.
(h) Making available Participant Services Representatives through a toll-free telephone number from 8:30 a.m. to 9:00 p.m. Eastern Time, Monday through Friday (excluding holidays and days on which the securities markets or MissionSquare are closed for business (including emergency closings)), to assist participants.
(i) Making available access to MissionSquare’s website, to allow participants to access certain account information and initiate certain plan transactions at any time. The participant website is normally

Plan number 303087
MissionSquare Retirement Agreement 12 of 12
available 24 hours a day, seven days a week except during scheduled maintenance periods designed to ensure high-quality performance. (j) Maintaining the security and confidentiality of client information through a system of controls including but not limited to, as appropriate:
restricting plan and participant information only to those who need it to provide services, software and hardware security, access controls, data back-up and storage procedures, non-disclosure agreements, security incident response procedures, and audit reviews.
(k) Making available access to MissionSquare’s plan sponsor web site to allow plan sponsors to access certain plan information and initiate plan transactions such as enrolling participants and managing contributions at any time. The plan sponsor web site is normally available 24 hours a day, seven days a week except during scheduled maintenance periods designed to ensure high-quality performance.
(l) Distribution of benefits as agent for the Employer in accordance with terms of the Plan. Participants who have separated from service can request distributions through the participant website or via form. (m)MissionSquare is authorized by the Employer to (a) determine whether a domestic relations order is an acceptable qualified domestic relations order under the terms of the Plan and (b) establish a separate account record for the alternate payee and provide for the investment and distribution of assets held thereunder.
(n) Loans may be made available on the terms specified in the Loan Guidelines, if loans are adopted by the Employer. Participants can request loans through the participant website.
(o) Guided Pathways Advisory Services – MissionSquare’s participant advice service, “Fund Advice”, may be made available through a third-party vendor on the terms specified on MissionSquare’s website. (p) MissionSquare is authorized by the Employer to establish an unallocated plan level expense account to function as the Administrative Allowance account, to be invested as Employer directs.
(q) MissionSquare will determine appropriate delivery method (electronic and/or print) for plan sponsor/participant communications and education based on a number of factors (audience, effectiveness, etc.) (r) MissionSquare agrees to conduct service review meetings with Employer management team at least annually.
(s) MissionSquare will host education and employee participation outreach events and site visits periodically and at least twice a year.

Standard Lineup R1 | Release Date 10/14/2024 | 1 of 1
Net Expense Ratio
Fund Name R1 R5 Savings
MissionSquare 500 Stock
Index 0.95% 0.20% 0.75%
MissionSquare Aggressive
Opportun 1.36% 0.81% 0.55%
MissionSquare Broad Market
Index 0.95% 0.20% 0.75%
MissionSquare Core Bond
Index 0.95% 0.20% 0.75%
MissionSquare Emerging
Markets 1.65% 1.11% 0.54%
MissionSquare Equity Income 1.30% 0.75% 0.55%
MissionSquare Growth &
Income 1.13% 0.58% 0.55%
MissionSquare Growth 1.32% 0.77% 0.55%
MissionSquare Inflation
Focused 1.17% 0.62% 0.55%
MissionSquare International 1.50% 0.95% 0.55%
MissionSquare Mid/Small Co
Index 0.95% 0.20% 0.75%
MissionSquare MP
Conservative Growth 1.31% 0.76% 0.55%
MissionSquare MP Global
Equity Grwth 1.32% 0.77% 0.55%
MissionSquare MP Long-Term
Growth 1.33% 0.78% 0.55%
MissionSquare MP Traditional
Growth 1.31% 0.77% 0.54%
MissionSquare Overseas
Equity Index 1.02% 0.27% 0.75%
MissionSquare PLUS Fund 1.32% 0.77% 0.55%
MissionSquare Retirement
Target 2015 1.25% 0.70% 0.55%
MissionSquare Retirement
Target 2020 1.27% 0.72% 0.55%
MissionSquare Retirement
Target 2025 1.29% 0.74% 0.55%
MissionSquare Retirement
Target 2030 1.31% 0.76% 0.55%
MissionSquare Retirement
Target 2035 1.32% 0.77% 0.55%
MissionSquare Retirement
Target 2040 1.34% 0.79% 0.55%
MissionSquare Retirement
Target 2045 1.34% 0.79% 0.55%
MissionSquare Retirement
Target 2050 1.34% 0.79% 0.55%
MissionSquare Retirement
Target 2055 1.34% 0.79% 0.55%
MissionSquare Retirement
Target 2060 1.34% 0.79% 0.55%
MissionSquare Retirement
Target Inc 1.21% 0.66% 0.55%
MissionSquare Select Value 1.35% 0.80% 0.55%
MissionSquare Small Cap
Discovery

1.41% 0.86% 0.55%
MSQ AMG TimesSquare Mid
Cap Growth Fund 1.61% 1.19% 0.42%
MSQ BlackRock Equity
Dividend Fund 1.24% 0.69% 0.55%
MSQ Carillon Eagle Mid Cap
Growth Fund 1.28% 0.73% 0.55%
MSQ Cash Management Fund 0.98% 0.43% 0.55%
MSQ Cohen & Steers Realty
Shares Fund 1.43% 0.88% 0.55%
MSQ Contrafund® 0.94% 0.39% 0.55%
MSQ Diversified International
Fund 1.40% 0.65% 0.75%
MSQ Invesco Discovery Fund 1.34% 0.79% 0.55%
MSQ Invesco Main Street
Fund 1.12% 0.57% 0.55%
MSQ JPMorgan Small Cap
Value Fund 1.49% 0.94% 0.55%
MSQ MFS Value Fund 1.09% 0.54% 0.55%
MSQ Parnassus Core Equity
Fund 1.37% 0.82% 0.55%
MSQ PIMCO High Yield Fund 1.37% 0.82% 0.55%
MSQ Puritan® Fund 1.02% 0.47% 0.55%
MSQ T Rowe Price® Growth
Stock Fund 1.47% 0.92% 0.55%
MSQ Victory Sycamore
Established Value Fund 1.21% 0.66% 0.55%
MSQ Western Asset Core Plus
Bond Fund 1.00% 0.45% 0.55%
ß©2024 Morningstar.All Rights Reserved. All Data and information is gathered from accurate sources but is not warranted to be correct, complete, or accurate.

ATTACHMENT 3

0.00%

0.20%

0.40%

0.60%

0.80%

1.00%

1.20%

1.40%

1.60%

1.80%
R1 R5

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November 6, 2024
ITEM TITLE: PUBLIC HEARING TO CONSIDER INTRODUCTION OF ORDINANCE NO. 2024- 1251 AMENDING TITLE 19 TO UPDATE THE CITY’S ZONING ORDINANCE FOR BY-RIGHT

HOUSING DEVELOPMENT APPROVAL TO MEET STATE LAW & APPROVING THE LCP AMENDMENT & EXEMPTION PER CEQA GUIDELINES SECTION 15
ORIGINATING DEPARTMENT:

Community Development
EXECUTIVE SUMMARY:

The City of Imperial Beach adopted its Housing Element on June 16, 2021 which was certified by the California Department of Housing and Community Development on September 20, 2021.

Within the Housing Element, the City has outlined goals and policies to address Imperial Beach’s housing needs, which are implemented through a series of housing programs. Housing programs define the specific actions the City will undertake to achieve the stated goals and policies within the eight-year (2021-2029) planning period. Program 9 of Section 5.2.3 (Provision of Adequate Housing Sites) of the City’s Housing Element provides that pursuant to Assembly Bill (AB) 1397, which was adopted in 2017 and amended Government Code Sections 65580, 65583, and 65583.2, the City is required to amend the Zoning Ordinance to require by-right approval of housing developments that includes 20 percent of the units as housing affordable to lower income households, on sites being used to meet the 6th cycle Regional Housing Needs Assessment (RHNA) that represent a “reuse” of sites previously identified in the 4th and 5th cycles Housing Element. The “reuse” sites are specifically identified in the sites inventory section of the Housing Element. To be consistent with the requirements per California Government Code Section 65863.2 and with the City’s adopted Housing Element, revisions are proposed for sections of Title 19 (Zoning) ordinance. Additionally, within the past year, additional changes to density bonus law amending Government Code Section 65915 have been implemented and, as such, alterations are proposed to update the City’s density bonus ordinance to reflect changes in State Law.

RECOMMENDATION:

That the City Council hold the public hearing to consider the public input on the item and:

1. If desired, proceed with the introduction of Ordinance No. 2024-1251 by title only and waive further reading of the ordinance and set the matter for its second reading and adoption at the next regularly scheduled City Council meeting; and

2. Adopt Resolution No. 2024-082 approving the proposed Local Coastal Program Amendment (LCPA-23-0001), finding and certifying that the proposed zoning amendment (Ordinance 2024-1251) is consistent with the Coastal Act and finding an exemption pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) (the common sense exemption).

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OPTIONS:

The City Council can also:
 Provide direction to modify the ordinance prior to further consideration by the City Council.  Continue the item and provide direction to the City Manager to obtain additional information.

BACKGROUND/ANALYSIS:

The California Legislature enacted legislation amending Government Code Sections 65580, 65583, and 65583.2 relating to housing that went into effect as of January 1, 2018 with the intent to strengthen the obligations in Housing Element Law that housing elements identify and zone sufficient sites to address the need for lower income housing units and facilitate the construction of new affordable residential dwelling units in response to the state's housing shortage (ref.

Assembly Bill (AB) 1397). Existing ordinances that fail to meet the requirements of the legislation are considered null and void as the City must apply the standards established within the legislation. The City's existing Zoning ordinance, Imperial Beach Municipal Code Title 19 Zoning, does not include provisions to meet the state's requirements and, as such, affordable housing developments that qualify for by-right review and approval in the City of Imperial Beach are regulated by the requirements in Government Code Section 65583.2 in addition to the provisions of the City’s adopted Housing Element.

The City of Imperial Beach adopted its Housing Element on June 16, 2021, which was certified by the California Department of Housing and Community Development on September 20, 2021.

Within the Housing Element, the City has outlined goals and policies to address Imperial Beach’s housing needs which are implemented through a series of housing programs. Housing programs define the specific actions the City will undertake to achieve the stated goals and policies within the eight-year (2021-2029) planning period. Program 9 of Section 5.2.3 (Provision of Adequate Housing Sites) of the City’s Housing Element provides that the City is required to amend the Zoning Ordinance to require by-right approval of housing development that includes 20 percent of the units as housing affordable to lower income households, on sites being used to meet the 6th cycle Regional Housing Needs Assessment (RHNA) that represent a “reuse” of sites previously identified in the 4th and 5th cycles Housing Element. The “reuse” sites are specifically identified in the sites inventory section of the Housing Element. To be consistent with the requirements per California Government Code Section 65583.2 and with the adopted Housing Element, the revisions are proposed for sections of Title 19 (Zoning) ordinance. Additionally, within the past year, additional changes to density bonus law amending Government Code Section 65915 have been implemented, so alterations are proposed for Title 19 (Zoning) to update the City’s density bonus ordinance to reflect changes in State Law.

The draft ordinance (Attachment 1) revises Title 19 (Zoning) Ordinance, specifically Chapters

19.04, 19.27, 19.28, 19.65, and 19.83. The revisions to the Chapters include: adding definitions for affordable housing rent, affordable sales price, area median income, lower income household, and amending the by right review definition; identifying the uses that are subject to the by right review consistent with state law; and adding the by right approval process for projects that require design review consistent with Government Code Section 65583.2(i).

LOCAL COASTAL PROGRAM AMENDMENT:

This project constitutes an amendment to the Implementation Component of the City’s certified Local Coastal Program. It proposes modifications to the Title 19 (Zoning) to allow by-right housing development approval consistent with Program 9 of the City’s Housing Element to meet State Law and to update the City’s density bonus ordinance to reflect changes in State Law. A public

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notice of the proposed amendments initiated a six-week/45-day public review period that began on August 22, 2024 and ended on October 7, 2024 prior to any final action being taken by the City Council on the proposed modifications, pursuant to California Code of Regulations Code §13515 (14 CCR 13515) and California Government Code §65352. The proposed amendments to Title 19 of the Imperial Beach Municipal Code would be submitted to the California Coastal Commission for review and certification for the amendment to be effective.

ENVIRONMENTAL DETERMINATION:

The by-right housing development and density bonus Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) (the common sense exemption) because it can be seen with certainty that there is no possibility that the adoption of the by-right housing development and density bonus ordinance may have a significant effect on the environment, in that the by-right housing development and density bonus ordinance merely implements the provisions of state law and includes no provisions beyond those included in State Density Bonus Law and those included in Government Code Sections 65650 et seq. and 65583 et seq. that may result in a direct or indirect impact on the physical environment.

FISCAL IMPACT:

There would be no fiscal impact.

ATTACHMENTS:

Attachment 1 – Ordinance 2024-1251
Attachment 2 – Resolution 2024-082

ATTACHMENT 1
ORDINANCE NO. 2024-1251

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
IMPERIAL BEACH, CALIFORNIA, AMENDING TITLE 19
(ZONING) OF THE IMPERIAL BEACH MUNICIPAL CODE TO

PROVIDE FOR BY RIGHT APPROVAL OF CERTAIN SITES

DESIGNATED FOR LOWER INCOME HOUSING AND TO

UPDATE THE CITY'S DENSITY BONUS ORDINANCE TO
REFLECT CHANGES IN STATE LAW.

WHEREAS, Government Code Section 65863.2, subdivision (c), requires that certain sites designated for lower income housing and included in the site inventory for previous housing elements, be zoned to permit by right approval, as defined in Government Code Section 65863.2, subdivisions (h) and (i); and
WHEREAS, Program 9 (By-Right Approval for Projects with 20 Percent Affordable Units) of Section 5.2.3 (Provision of Adequate Housing Sites) of the City’s Housing Element, which was adopted on July 16, 2021 and subsequently approved by the California Department of Housing and Community Development, provides that the City will amend the Zoning Ordinance to require by-right approval of housing that includes 20 percent of the units affordable to lower income households on certain sites designated in the Housing Element; and WHEREAS, Sections 65915 et seq. of the California Government Code, known as State Density Bonus Law, require a city to provide a developer that proposes a housing development containing affordable and other types of housing with a density bonus and other incentives; and WHEREAS, California Government Code Section 65915(a) requires that all cities adopt an ordinance that specifies how compliance with State Density Bonus Law will be implemented; and
WHEREAS, since adoption of the City’s density bonus ordinance, the State Legislature has passed, and the Governor has signed into law, changes to State Density Bonus Law; and WHEREAS, Program 11 of Section 5.2.4 (Removal of Governmental Constraints) of the City’s Housing Element, which was adopted on July 16, 2021 and subsequently approved by the California Department of Housing and Community Development, provides that the City will "[r]evise the Zoning Ordinance to update density bonus provisions consistent with State law"; and WHEREAS, a Public Notice of Availability of Proposed General Plan/Local Coastal Program Amendments was issued, which opened a six-week public review period that ran from August 22, 2024, to October 7, 2024; and
WHEREAS, the City Council conducted a public hearing on November 6, 2024 to consider the proposed amendments to the zoning ordinance and considered all evidence, including but not limited to public testimony and the evaluations and recommendations of staff; and WHEREAS, notice of said public hearing was made at the time and in the manner required by law.

NOW, THEREFORE, the City Council of the City of Imperial Beach hereby ordains as follows:

Section 1. All of the statements set forth in the recitals above are true and correct and are incorporated herein as substantive findings.

Section 2. Title 19 (Zoning) of the Imperial Beach Municipal Code is hereby amended to read as shown in Exhibit "A" attached hereto and incorporated herein by reference.

Section 3. The City Council finds that this Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) (the common sense exemption) because it can be seen with certainty that there is no possibility that the adoption of this ordinance may have a significant effect on the environment, in that the ordinance merely implements the provisions of state law and includes no provisions beyond those required by Government Code Section 65863.2 and State Density Bonus Law that that may result in a direct or indirect impact on the physical environment.

Section 4. The Community Development Director or designee is hereby authorized to submit this Ordinance as part of a Local Coastal Program Amendment to the California Coastal Commission for their review and adoption.

Section 5. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of the Ordinance, or its application to any person or circumstance, is for any reason held to be invalid and unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

Section 6: This Ordinance shall take effect upon approval by the California Coastal Commission.

Section 7. The City Clerk is directed to prepare and have published a summary of this Ordinance no less than five (5) days prior to the consideration of its adoption and again within fifteen (15) days after adoption indicating votes cast.

INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of Imperial Beach held on the on the 6th day of November, 2024; and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Imperial Beach, California, on the 20th day of November, 2024, by the following vote:

AYES: Councilmembers –
NOES: Councilmembers –
ABSENT: Councilmembers –
____________________________________

PALOMA AGUIRRE, MAYOR
ATTEST
__________________________________
JACQUELINE M. KELLY, MMC

CITY CLERK
APPROVED AS TO FORM:
__________________________________

JENNIFER LYON

CITY ATTORNEY

EXHIBIT “A”

1.) Title 19, Chapter 19.04 (Definitions), of the Imperial Beach Municipal Code is hereby amended by adding or amending the following sections and shall read as follows:

19.04.056 Affordable rent
“Affordable rent” means the maximum allowable rent for a unit affordable to lower income households, equal to one-twelfth (1/12th) of 30 percent of 60 percent of area median income adjusted for assumed household size of one person in a studio affordable unit, two persons in a one-bedroom affordable unit, and one additional person for every additional bedroom; or as determined by the financing for the project, such as rents established for projects receiving tax credits.

19.04.058 Affordable sales price
“Affordable sales price” means means the maximum purchase price that will be affordable to a lower income household. The purchase price shall be considered affordable only if it is based on a reasonable down payment, and monthly housing payments (including interest, principal, mortgage insurance, property taxes, homeowners insurance, homeowners association dues, property maintenance and repairs, and a reasonable allowance for utilities), all as determined by the city, that total no more than one-twelfth (1/12th) of 30 percent of 70 percent of area median income adjusted for assumed household size of one person in a studio affordable unit, two persons in a one-bedroom affordable unit, and one additional person for every additional bedroom; or as determined by the financing for the project.

19.04.091 Area median income
“Area median income” means the area median income applicable to San Diego County, adjusted for household size, as published and periodically updated in the California Code of Regulations, Title 25, Section 6932.

19.04.187 By right review
“By right review” is as defined in Government Code Section 65583.2(i). By right review does not exempt the use from design review or approval of a coastal development permit. By right review that includes design review approval is described in Section 19.83.065.

19.04.526 Lower income household
“Lower income household” means a household whose household income does not exceed the low income limits applicable to San Diego County, adjusted for household size, as published and periodically updated in the California Code of Regulations, Title 25, Section 6932.

2.) Title 19, Subsection 19.26.020(C), of Chapter 19.26, C/MU-1 General Commercial And Mixed-Use Zone, of the Imperial Beach Municipal Code, is hereby amended by revisions as follows:

C. Site plan review by the City Council will be required if any of the following applies to proposed uses located in the C/MU-1 zone:

1. All proposed developments involving new construction.

2. Any addition, construction, or alteration of existing buildings resulting in an increase of ten percent or greater of the gross floor area of a commercial structure or in an individual commercial space within the structure or within a commercial shopping center.

3. Any proposed use or structure requiring the approval of a conditional use permit.

4. Any development including residential dwelling units, except Accessory Dwelling Units and Junior Accessory Dwelling Units as allowed in Chapter 19.66.

5. Notwithstanding any other provisions of this subsection C, the following uses shall be subject only to by right review that includes design review approval as described in Section 19.83.065:
a. Low-barrier navigation centers;
b. Permanent supportive housing;
c. Housing development projects where 20 percent of the total number of housing units in the project are proposed to be available to lower income househoulds at affordable rent or affordable sales price, located on sites shown in Table C-2 of the Housing Element as designated for lower income housing and identified in the 5th cycle; and d. Other uses eligible for by right approval by state law.

3.) Title 19, Subsection 19.27.020(B), of Chapter 19.27, C/MU-2 Seacoast Commercial and Mixed-Use Zone, of the Imperial Beach Municipal Code is hereby amended by revisions as follows:

B. Site plan review by the City Council will be required if any of the following applies for proposed uses located in the C/MU-2 zone:

1. All proposed developments involving new construction;

2. Any addition, construction, remodeling or alteration of existing buildings resulting in an increase of ten percent or greater of the gross floor area of a commercial structure or in an individual commercial space within the structure or within a commercial shopping center;

3. Any proposed commercial use, residential use, or structure requiring the approval of a conditional use permit;

4. Any development including residential dwelling units except Accessory Dwelling Units and Junior Accessory Dwelling Units as allowed in Chapter 19.66;

5. Public parking lots; and

6. Notwithstanding any other provisions of this subsection B, the following uses shall be subject only to by right review that includes design review approval as described in Section 19.83.065:
a. Low-barrier navigation centers;
b. Permanent supportive housing;
c. Housing development projects where 20 percent of the total number of housing units in the project are proposed to be available to lower income househoulds at affordable

rent or affordable housing cost, located on sites shown in Table C-2 of the Housing Element as designated for lower income housing and identified in the 5th cycle; and d. Other uses eligible for by right approval by state law.

4.) Title 19, Subsection 19.28.020(B), of Chapter 19.28, C/MU-3 Neighborhood Commercial And Mixed-Use Zone, of the Imperial Beach Municipal Code is hereby amended by revisions as follows:

B. Site plan review by the City Council will be required if any of the following applies for proposed uses located in the C/MU-3 zone:

1. All proposed developments involving new construction;

2. Any addition, construction, remodeling, or alteration of existing buildings resulting in an increase of ten percent or greater of the gross floor area of a commercial structure or in an individual commercial space within the structure or within a commercial shopping center;

3. Any proposed commercial use or structure requiring the approval of a conditional use permit;

4. Any development including residential dwelling units except Accessory Dwelling Units and Junior Accessory Dwelling Units as allowed in Chapter 19.66;

5. Public parking lots; and

6. Notwithstanding any other provisions of this subsection B, the following uses shall be subject only to by right review that includes design review approval as described in Section 19.83.065:
a. Low-barrier navigation centers;
b. Permanent supportive housing;
c. Housing development projects where 20 percent of the total number of housing units in the project are proposed to be available to lower income househoulds at affordable rent or affordable housing cost, located on sites shown in Table C-2 of the Housing Element as designated for lower income housing and identified in the 5th cycle; and d. Other uses eligible for by right approval by state law.

5.) Title 19, Subsection 19.65.030(C)(3), of Chapter 19.65, Affordable Housing Density Bonus, of the Imperial Beach Municipal Code, is hereby amended by revisions as follows:

3. Requested waivers. The application shall include the following minimum information for each waiver requested on each lot, shown on a site plan (if applicable), the City's usual development standard and the requested development standard.

6.) Title 19, Subsection 19.65.070(C), of Chapter 19.65, Affordable Housing Density Bonus, of the Imperial Beach Municipal Code, is hereby amended by revisions as follows:

C. Except where a housing development is eligible for an additional bonus pursuant to Government Code Section 65915(v), each housing development is entitled to only one density bonus. If a housing development qualifies for a density bonus under more than one category, the applicant shall identify the category under which the density bonus is requested to be granted.

7.) Title 19, Subsection 19.65.070(D), of Chapter 19.65, Affordable Housing Density Bonus, of the Imperial Beach Municipal Code, is hereby amended by revisions as follows:

D. The density bonus units shall not be included in determining the number of affordable units required to qualify a housing development for a density bonus pursuant to State Density Bonus Law.

8.) Title 19, Subsection 19.83.020(A), of Chapter 19.83, Design Review, of the Imperial Beach Municipal Code is hereby amended by revisions as follows:

A. Design review by the Design Review Board is required as follows:

1. Any development adjacent to the following corridors within the City limits:
a. Highway 75;
b. Palm Avenue;
c. Silver Strand Boulevard;
d. Rainbow Drive;
e. Imperial Beach Boulevard;
f. Seacoast Drive;
g. 9th Street; and,
h. 13th Street;

2. All commercial development within the City;

3. All development requiring site plan review by the Planning Commission or a conditional use permit;

4. All sign permits when deemed necessary by the Community Development Department;

5. All City projects, except street repair, resurfacing, etc.

6. Those projects referred by the Community Development Department for action.

7. Those projects eligible for by right approval that includes design review approval, subject to the provisions of Section 19.83.065.

9.) Title 19, Subsection 19.83.065, is added to Chapter 19.83, Design Review, of the Imperial Beach Municipal Code to read as follows:

19.83.065 By right approval that includes design review approval.

A. As provided by Government Code Section 65583.2(i), design review approval for projects eligible for by right approval is exempt from the California Environmental Quality Act. Review of these projects shall be limited to conformance with objective standards established by the general plan, zoning ordinance, and design guidelines and conformance with the local coastal plan.

B. Permanent supportive housing shall be reviewed consistent with the provisions of Government Code Sections 65650 et seq.

C. Low barrier navigation centers shall be reviewed consistent with the provisions of Government Code Section 65660 et seq.

D. Any subdivision of the site shall be subject to all laws, including but not limited to Title 18 (Subdivisions).

E. The project shall comply with the development standards for the affordable units contained in Section 19.65.090.

F. The applicant shall enter into an affordable housing agreement with the city as follows:

1. The affordable housing agreement shall set forth the conditions and guidelines to be met regarding the affordable housing included in the project, including but not limited to the type, size and location of each affordable unit; the eligible occupants; affordable rents and sales prices, as applicable; phasing of the affordable units in relation to the market-rate units; and other relevant provisions approved by the City Attorney. The affordable housing agreement shall run with the land, to be executed by the City Manager or designee.

2. The agreement shall require the continued affordability of rental units that qualified the applicant for by-right approval for a minimum of 55 years and shall require the continued affordability of for-sale units for 45 years.

3. The executed affordable housing agreement shall be recorded against the housing development prior to final or parcel map approval, or prior to issuance of building permits for the housing development, whichever is earliest.

ATTACHMENT 2
C:\Program Files\eSCRIBE\TEMP\1745312093\1745312093,,,Attachment 2 - Resolution 2024-082.doc RESOLUTION NO. 2024-082

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IMPERIAL

BEACH, CALIFORNIA, APPROVING LOCAL COASTAL PROGRAM
AMENDMENT (LCPA-23-0001) AND AN EXEMPTION PURSUANT TO CEQA GUIDELINES SECTION 15061(b)(3) (COMMON SENSE EXEMPTION) AND

CERTIFYING THAT THE PROPOSED ZONING AMENDMENT (ORDINANCE NO. 2024-1251) IS CONSISTENT WITH THE COASTAL ACT FOR THE ZONING AMENDMENT FOR THE DENSITY BONUS ORDINANCE. MF 1471.

APPLICANT: CITY OF IMPERIAL BEACH
WHEREAS, Government Code Section 65863.2, subdivision (c), requires that certain sites designated for lower income housing and included in the site inventory for previous housing elements, be zoned to permit by right approval, as defined in Government Code Section 65863.2, subdivisions (h) and (i); and
WHEREAS, Program 9 (By-Right Approval for Projects with 20 Percent Affordable Units) of Section 5.2.3 (Provision of Adequate Housing Sites) of the City’s Housing Element, which was adopted on July 16, 2021 and subsequently approved by the California Department of Housing and Community Development, provides that the City will amend the Zoning Ordinance to require by-right approval of housing that includes 20 percent of the units affordable to lower income households on certain sites designated in the Housing Element; and WHEREAS, Sections 65915 et seq. of the California Government Code, known as State Density Bonus Law, require a city to provide a developer that proposes a housing development containing affordable and other types of housing with a density bonus and other incentives; and WHEREAS, California Government Code Section 65915(a) requires that all cities adopt an ordinance that specifies how compliance with State Density Bonus Law will be implemented; and
WHEREAS, since adoption of the City’s density bonus ordinance, the State Legislature has passed, and the Governor has signed into law, changes to State Density Bonus Law; and WHEREAS, Program 11 of Section 5.2.4 (Removal of Governmental Constraints) of the City’s Housing Element, which was adopted on July 16, 2021 and subsequently approved by the California Department of Housing and Community Development, provides that the City will "[r]evise the Zoning Ordinance to update density bonus provisions consistent with State law"; and
WHEREAS, the City Council conducted a public hearing on November 6, 2024 to consider the proposed amendments to the zoning ordinance and considered all evidence, including but not limited to public testimony and the evaluations and recommendations of staff; and
WHEREAS, notice of said public hearing was made at the time and in the manner required by law.

WHEREAS, on November 6, 2024, the City Council of the City of Imperial Beach held a duly advertised public hearing to consider the merits of approving or denying an application for General Plan/ Local Coastal Program/ Zoning Code Amendment (LCPA-23-0001), and WHEREAS, the City Council of the City of Imperial Beach finds that public notice was given of the availability of documents and request for comments pertaining to this item that

Resolution No. 2024-082

C:\Program Files\eSCRIBE\TEMP\1745312093\1745312093,,,Attachment 2 - Resolution 2024-082.doc began a six-week/45-day public review period (from August 22, 2024, to October 7, 2024) for the item prior to any final action being taken by the City Council on this amendment request, pursuant to California Code of Regulations Code §13515 (14 CCR 13515) and California Government Code §65352.

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

Section 1. All above statements are true and correct and are hereby incorporated as substantive findings.

Section 2. The City Council finds that the proposed LCPA/Zoning Code Amendment, pursuant to Government Code Section 65300.5, is internally consistent with other policies of the General Plan/ Local Coastal Program.

Section 3. The City Council of the City of Imperial Beach hereby finds and certifies that the proposed Zoning Amendment is consistent with the California Coastal Act, pursuant to Public Resources Code Section 30510(a) and Title 14 of the California Code of Regulations section 13551.

Section 4. The City Council hereby approves the following exemption: CEQA Guidelines Section 15061(b)(3) (the common sense exemption).

Section 5. The General Plan/ Local Coastal Program Amendment (LCPA-23-0001) as shown in Ordinance 2024-1251 is hereby approved.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its regular meeting held on the 6
th day of November 2024, by the following roll call
vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

PALOMA AGUIRRE, MAYOR
ATTEST:

JACQUELINE KELLEY, CITY CLERK

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November 6, 2024
ITEM TITLE: TIM P. JONES (APPLICANT); CONSTRUCTION OF ONE NEW THREE-STORY

FOUR-PLEX RESIDENTIAL TOWNHOME BUILDING, WITH A TWO-CAR GARAGE PROVIDED FOR EACH DWELLING UNIT AT 745 13TH STREET (APN 627-011-05-00) USE22-0119/MF 1493. (0600-20) ORIGINATING DEPARTMENT:

Community Development
EXECUTIVE SUMMARY:

The owner of a property at 745 13th Street, which is located in the C/MU-1 (General Commercial & Mixed-Use) zone, has initiated the process to demolish the existing single-family residence and construct one new three-story four-plex residential townhome building, with a two-car garage provided for each dwelling unit.

RECOMMENDATION:

That the City Council adopt Resolution 2024-076, approving Site Plan Review (SPR-22-0034), Design Review Case (DRC-22-0033), and categorical exemption pursuant to the California Environmental Quality Act (CEQA) guidelines 15332 Class 32 (In-Fill Development Projects) at 745 13th Street (APN 627-011-05-00) in the C/MU-1 (General Commercial and Mixed-Use) Zone subject to the conditions as specified in the attached resolution.

OPTIONS:

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

BACKGROUND/ANALYSIS:

An application (USE-22-0119) was submitted to the City on October 12, 2022, for Site Plan Review (SPR-22-0034) and Design Review Case (DRC-22-0033), proposing to demolish the existing single-family residence and construct one new three-story four-plex residential townhome building, each unit is provided with a two car garage at 745 13th Street (APN 627-011-05-00) in the C/MU-1 (General Commercial and Mixed-Use) Zone.

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The project site is an existing
6,997 square foot lot fronting
13th Street. The project would
demolish the existing singlefamily residence and construct one new three-story four-plex
residential townhome building,
each unit is provided with a two
car garage. Vehicular ingress
and egress to the property
would be provided from the
existing alley on the east side of
the property.

The surrounding areas (north, south, and west) are zoned C/MU-1 (General Commercial & Mixed Use) zone, which is similar to the subject site and the surrounding uses are commercial and residential in character. The properties to the east are zoned R-3000 (Two-Family Residential) zone and are residential in character.

Building Orientation and Design:

The proposed building orientation provides one new three-story four-plex residential townhome building fronting 13th Street. Vehicular ingress and egress to the property would be provided from the existing alley on the east side of the property. Off-street parking areas are accessed from the existing alley in the form of a two-car garage for each unit. Pedestrian access to the units is provided from 13th Street via a gated concrete walkway on the north west corner of the property.

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The building proposes four townhome units, each with a two-car garage. Each unit is 1,485 sq. ft. in size and has three bedrooms per unit. To provide variation in the building footprint and to lend relief for the massing of the building, the project proposes four balconies on the south building elevation, four balconies on the third floor on the north elevation, a five foot setback from the north property line on the first and second floor, and a ten foot setback on the third floor. The height of the building when measured from the average of the existing grade is 30 feet, which is compliant with Imperial Beach Municipal Code (IBMC) Section 19.17.060 Building Height.

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Building Materials: The building’s architectural style would have a modern design with three different shades of stucco including Cadet Blue, Queen Blue, and Gainsboro. The proposed stucco finished is Medium Sand 1.5. The building accents include Pure White Sherwin Williams Trim, James Hardie Plank Siding in Cadet Blue, Jeld-Wen Steel Exterior Doors in Sherwin Williams Indigo, Jeld-Wen V-2500 windows, Wrought Iron Balcony railing, and Clopay Modern Steel Garage Doors in Gray.

Landscaping: Typically, projects that propose exclusively residential developments in the C/MU1 (General Commercial and Mixed-Use) Zone are required to comply with the development standards of the R-1500 (High Density Residential) Zoning District. In this zone, not less than fifty percent of the required front yard and street side yard setbacks shall be landscaped and permanently maintained (IBMC Section 19.50.040) and every residential development shall provide a minimum of three hundred square feet of usable open space per dwelling unit (IBMC

19.50.010).

The project proposes 592 sq. ft. (79%) of landscaping in the front yard. Landscaping includes trees, shrubs, and ground covers such as (1) Marina Strawberry Tree, (1) Pygmy Date Palm MultiTrunk, (6) Queen Palm, (3) Blue Flame Agave, (36) Little Rev Flax Lily, (10) Variegated Flax Lily, (7) Little Sur Coffeeberry, (27) Breeze Mat Rush, and (11) Purple New Zealand Flax.

Regarding open space, the project proposes 916 sq. ft. of open space at grade, and each unit is provided with a 72 square foot private balcony totaling 288 sq. ft. of open space in the form of private balconies. In addition, the development proposes a decorative fence with four foot tall pilasters with a four foot tall wrought iron fence in between on the west property line, a six foot tall wood fence on the north and south property line, and a six foot tall wrought iron fence on the east property line. On the southeast corner of the property, there will be no fence within the required five foot rear yard setback.

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Parking: Projects that propose exclusively residential developments in the C/MU-1 (General Commercial and Mixed-Use) Zone are required to comply with the development standards of the R-1500 (High Density Residential) Zoning District. The parking requirement in the R-1500 (High Density Residential) Zoning District is two spaces per dwelling unit, fifty percent enclosed. As such, the project is required to provide a total of eight parking spaces, 50% enclosed. The project is proposing eight parking spaces in the form of a two-car garage per unit, 100% enclosed. The proposed surfacing for the drive aisle is concrete and enhanced pavers.

Design Review Board:

The Design Review Board reviewed the project on April 18, 2024, and recommended design revisions and requested further consideration at a future Design Review Board Meeting with a vote of 4 (AYES) – 0 (NOES) – 1 (DISQUALIFIED) (one member recused due to conflict of interest) with the following considerations:

1. Consider a more sturdy material such as CMU Block Wall on the south property line to provide additional safety measures when vehicles are utilizing the drive aisle.

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2. Consider a more sturdy material or other material on the south and north property line instead of Yellow Pine Dog Ear Fencing.

3. Consider more shade trees where feasible.

4. Consider a more beach oriented, and modern exterior building design.

5. Consider a redesign for the proposed building exterior elevations.

6. Consider providing a site plan that shows adjacent properties.

7. Consider providing a demolition plan.

8. Consider providing additional vertical privacy screening on the south property line.

9. Consider incorporating the RCP Block with building colors, such as the stucco and stone to provide a more cohesive project design.

10. Consider sealing the Yellow Pine Dog Ear fencing as unfinished and pressured treated material warps over time.

11. Consider carrying the El Dorado Stone across the first floor exterior elevations to the corner of the building.

12. Consider providing exterior building contrast above the first floor such as siding, cement material, or material with vertical or horizonal patterns.

13. Consider terracotta roof tile instead of roof shingles.

14. Consider achieving the 10’ step back in a more modern and contemporary manner.

15. Consider incorporating the exterior style of the previously reviewed project (Hilton Hotel) to create a more current, light color, beach oriented design.

16. Consider adding vertical screening trees in the planters instead of low level plants on the south property line.

17. Consider proposing a 3’ CMU block and 3’ fence (or other material) on the south property line to improve vehicle back up safety.

18. Consider more vertical screening in addition to the Mediterranean Fan Palm and Phoenix Thornless Mesquite.

19. Consider providing additional lighting on the east elevation (alley) to improve safety for future residents.

20. Consider reducing the height of the fence on the alley or setback from the property line to improve line of sight for pedestrians and vehicles.

21. Consider more textures and colors on the exterior building elevations to be more beach oriented.

22. Consider providing the Design Review Board with a couple of elevations that have different exterior design and finishes.

Most of the recommendations have been addressed and incorporated into the project/plans.

Regarding the comment, “Consider a more sturdy material such as CMU Block Wall on the south property line to provide additional safety measures when vehicles are utilizing the drive aisle,” the applicant stated that changing the fence material would be cost prohibitive.

Additionally, regarding the comment, “Consider providing a site plan that shows adjacent properties,” the applicant stated that adjacent properties are reflected on the 3D rendering sheets.

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Regarding the comment, “Consider terracotta roof tile instead of roof shingles” and “Consider proposing a 3’ CMU block and 3’ fence (or other material) on the south property line to improve vehicle back up safety,” the applicant stated that changing the material would be cost prohibitive.

The Design Review Board reviewed the revised project on September 19, 2024, and recommended approval of the project’s design with a vote of 3-0 (two members were absent) (Attachment 3) with the following recommendations:

1. Consider a roof with a higher Solar Reflectance Index rating for solar reflectivity and explore a lighter color roof to help reduce the heat load on the third floor.

2. Consider using elements from the south façade on the north third floor balcony parapet wall to provide a more cohesive design, such as incorporating a metal guard rail.

3. Consider using the same color for the proposed james Hardie plank siding and stucco (cadet blue).

4. Consider installing bollards on the south property line for increased safety to the south property when vehicles are backing out of the garages.

Most of the recommendations have been addressed and incorporated into the project/plans and/or have been provided as conditions of approval within Resolution 2024-076. Regarding the comment, “Consider installing bollards on the south property line for increased safety to the south property when vehicles are backing out of the garages”, the applicant was unable to incorporate this recommendation into the plans as the installation of the bollards would reduce the required 24’ of free-and-clear back-out and turning radius and make maneuverability in and out of the garages more difficult.

General Plan Consistency:

The project is located in the C/MU-1 (General Commercial & Mixed Use) Zone. The purpose of the C/MU-1 Zone is to provide areas for mixed-use development, multiple-family dwellings, and for businesses to meet the local demand for commercial goods and services. It is intended that the dominant type of commercial activity in the C/MU-1 zone will be community and neighborhood serving retail and office uses. Residential dwelling units may be permitted at a maximum density of one unit per every one thousand gross square feet of lot area, except that exclusively residential developments are required to comply with the development standards of the R-1500 (High Density Residential) Zoning District. The proposed residential development meets the purpose and intent of the land use designation.

Zoning Chart:

R-1500 Zoning Standards Provided/Proposed
Yard requirements for the R-1500 zone are as follows:

A. Front Yard. There shall be a minimum front
yard of fifteen feet, provided that the front of a
garage shall be set back a minimum of twenty
feet.

B. Side Yard. There shall be a minimum side
yard on each side of five feet for the first two
floors of any structure. Above the second
floor, an additional five feet of setback shall be
provided on each side.

A. The project fronts 13th Street.

The residential development
provides a fifteen feet front yard
setback and the garage is
setback 28 feet from the front
property line.

B. The side yard of the project
abuts a commercial use to the
north and a residential property
to the south. The project
proposes a five foot side yard
setback from the north property
line on the first and second

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C. Rear Yard. There shall be a minimum rear
yard of five feet if on an alley and ten feet if no
alley.

D. Street Side Yard. There shall be a minimum
street side yard of ten feet.

E. Additional yard requirements in relation to
single family homes. In considering site plan
review or design review for projects adjacent
to a single family house, consideration shall
be given to increased yard set-backs for upper
floors in order to preserve the values of the
single family home.
floor, and a ten foot setback on
the third floor.

C. The rear yard of the project
abuts a residential property.

The project is maintaining the
minimum five foot rear yard
setback.

D. The property does not have a
street side yard.

E. The proposed development is
adjacent to an existing
commercial building to the
north, and an existing singlefamily residence to the south.

Additional consideration for the
single-family residence was
included in the site design as
the project provides a 21-foot
setback from the south
property line.

19.17.040: The minimum lot size for any new lot
created in the R-1500 zone shall be three thousand
square feet (for related provisions concerning small
lots, see Chapter 19.42.).

The project does not propose the
creation of a new lot.

19.17.050: Every new lot created in an R-1500 zone
shall have a minimum width along a street of fifty feet (for related provisions concerning small lots, see
Chapter 19.42.).

The project does not propose the
creation of a new lot.

19.17.060: No principal building or structure shall
exceed three stories or thirty feet in height, whichever is less. No accessory building or structure shall
exceed fifteen feet in height. For exceptions to these
height limits see Chapter 19.40.

The height of the building when
measured from the average of the
existing grade is 29.65 feet, which is
compliant with Imperial Beach
Municipal Code (IBMC) Section

19.17.060 Building Height.

19.17.070: No buildings shall be located less than ten
feet from any other building on the same lot.

The project is proposing only one new
three-story four-plex residential
townhome building. The project does
not propose any additional buildings.

19.17.080: Useable open space and landscaping are
as follows (Section 19.50, Minimum useable open
space for dwelling units and Residential landscaping):

A. Every residential development shall provide a
minimum of three hundred square feet of
usable open space per dwelling unit. "Usable
open space" means an unobstructed portion of
a lot which has a minimum dimension of ten
feet in every direction, is landscaped and
A. The residential development
provides 1,204 sq. ft. of open
space. There is 916 sq. ft. of
open space at grade and 288

P a g e | 9
developed for active or passive recreational
and leisure use, and is conveniently located
and accessible. Open space intended to serve
all the units of a project shall be accessible and
convenient to all units. Private open space
shall be accessible and convenient to the
unit(s) intended to be served.

B. In addition, the following spaces shall
contribute to required usable open space
areas: Private balconies, provided that the
minimum size of the balcony is six feet by ten
feet;
C. A minimum of sixty percent of the required
usable open space shall be provided at grade,
unenclosed.

D. Not less than fifty percent of the required front
yard and street side yard setbacks shall be
landscaped and permanently maintained. The
remainder of the required yard may be used
for driveways and walkways.

E. Landscaping shall be provided within the
parking area or immediately abutting it.

F. There shall be a minimum four-foot
landscaped area between the structure an any
parking located in front of the structure.

G. There shall be a minimum three-foot-wide
landscaped area between the parking area
and each side lot line when parking is located
between the structure and the street.

H. Prior to issuance of any building permit, a
complete landscaping plan shall be submitted
to the Community Development Department
for approval. Such approval shall be subject to
appeal in the manner set forth in Sections

19.84.070 through 19.84.090.

I. Landscaping and required watering system
shall be installed prior to the use of the
premises. All landscaping material in required
landscaping areas shall be permanently
maintained in a growing and healthy condition,
sq. ft. of open space in the form
of four balconies.

B. The residential development
provides four balconies, one
per unit, on the south elevation
(7’ x 10’-3”).

C. The residential development
proposes 916 sq. ft. of open
space at grade.

D. The residential development
proposes 592 sq. ft. (79%) of
landscaping in the front yard.

E. The drive aisle that is adjacent
to the parking area includes
landscaping such as Queen
Palms, Breeze Mat Rush, and
Purple New Zealand Flax on
the south property line. Also,
various trees, shrubs, and
ground cover are located west
of the parking area.

F. The development does not
provide parking in front of the
structure
G. Parking is not proposed
between the structure and the
street.

H. A complete landscape plan
would be required prior to
issuance of building permits.

I. Landscaping and required
watering systems shall be
installed prior to the use of the
premises subject to state
requirements.

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including trimming, as appropriate to the
landscaping material.

J. A permanent irrigation system shall be
installed to serve all landscaped areas.

J. A permanent irrigation system
shall be installed to serve all
landscaped areas subject to
state requirements.

19.17.090: The maximum allowable density in the R1500 zone shall be one dwelling unit for each one thousand five hundred square feet of lot area, not to
exceed a maximum density of twenty-nine dwelling
units per net acre except as provided for in Section

19.11.095. For lot combining restrictions, see Section

19.42.070.

The lot size for the property is 6,997 sq.
ft. (49.97’ x 140.04’). The lot size is
sufficient for the creation of four units.

19.48.030: The number of required off-street parking
spaces for residential uses shall be as follows: R-2000 and R-1500: two spaces per dwelling unit, fifty percent enclosed.

The development is proposing four
new units, and as such, eight parking
spaces is required, 50% enclosed. The
project is proposing eight parking
spaces in the form of a two-car garage
per unit, 100% enclosed.

19.17.120: At least one distinct ground level, street
facing pedestrian entryway shall be provided to a
residential dwelling unit for each fifty feet of linear street frontage and a minimum of twenty percent of
the first floor of that portion of a residential structure facing a front or side street shall consist of clear glass windows allowing visibility into the dwelling unit.

One pedestrian entryway is provided
on the west elevation facing 13th
Street. The project requires 18 sq. ft. of
window glazing fronting 13th Street.

The project is proposing 40 sq. ft. of
window glazing to comply with this
requirement.

19.17.125: The maximum allowable floor area ratio
shall be one hundred percent and the maximum lot
coverage shall be fifty percent. Garages or covered
parking areas shall be excluded from the floor area
ratio requirements.

The development proposes a floor
area ratio of 85% (1,485 sq. ft. per unit
x 4 = 5,940 sq. ft. = 5,940 sq. ft. /6,997
sq. ft. lot size = 0.85 x 100%).

The development proposes a lot
coverage of 47% (3,254 sq. ft. / 6,997
sq. ft. = .47 x 100%).

As such, the development is compliant
with the floor area ratio and lot
coverage requirements of the R-1500
Zoning District.

19.17.130: Parking areas shall meet the following
standard:

A. Where properties abut both an alley and a
street designed as a collector, major or prime
arterial, no new street curb cuts or parking
layouts requiring backing into the street shall
be allowed.

A. Vehicular ingress and egress to
the property would be provided
from the existing alley on the
east side of the property. Offstreet parking areas are accessed from the existing
alley in the form of a two-car
garage for each unit.

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Surrounding Land Use and Zoning:

Surrounding Areas Surrounding Zoning Surrounding Land Use North C/MU-1 (General Commercial & Mixed-Use) Commercial South C/MU-1 (General Commercial & Mixed-Use) Residential East R-3000 (Two-Family Residential) Residential
West C/MU-1 (General Commercial & Mixed-Use) Commercial ENVIRONMENTAL IMPACT:

This project may be categorically exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15332 Class 32 (In-fill Development Projects).

COASTAL JURISDICTION:

This project is not located in the coastal zone as defined by the California Coastal Act of 1976.

ATTACHMENTS:

ATT 1 – Resolution No. 2024-076
ATT 2 – Project Plans 100924
ATT 3 – Design Review Board Minutes 041824
ATT 4 – Design Review Board Minutes 091924 (DRAFT)
ATT 5 – Project Renderings, Landscape Plan, Materials Board

Attachment 1
RESOLUTION NO. 2024-076

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, APPROVING SITE PLAN REVIEW (SPR-22-0034), DESIGN REVIEW CASE (DRC-22-0033), AND CATEGORICAL EXEMPTION PURSUANT TO CEQA GUIDELINES SECTION 15332 CLASS 32 (IN-FILL DEVELOPMENT PROJECTS) TO DEMOLISH THE EXISTING SINGLE-FAMILY HOME AND CONSTRUCT ONE NEW THREE-STORY FOURPLEX RESIDENTIAL TOWNHOME BUILDING, WITH A TWO-CAR GARAGE PROVIDED FOR EACH DWELLING UNIT AT 745 13TH STREET (APN 627-011-05-00) SUBJECT TO SPECIFIED CONDITIONS OF APPROVAL. USE-22-0119/MF 1493.

APPLICANT: TIM P JONES
WHEREAS, on November 6, 2024, 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 Site Plan Review (SPR-22-0034), Design Review Case (DRC-22-0033) and Categorical Exemption pursuant to CEQA guidelines section 15332 Class 32 (In-fill Development) to demolish an existing single-family home and construct one new three-story four-plex residential townhome building, with a two-car garage provided for each dwelling unit at 745 13th Street (APN 627-011-05-00) in the C/MU-1 (General Commercial and Mixed Use) Zone on the Zoning Map; and
WHEREAS, on April 18, 2024, the Design Review Board recommended design revisions and requested further consideration at a future Design Review Board Meeting with a vote of 4 (AYES) – 0 (NOES) – 1 (DISQUALIFIED) (one member recused from participating on the item due to conflict of interest); and
WHEREAS, on September 19, 2024, the Design Review Board recommended approval of the project’s design with a vote of 3-0 (two members were absent); and WHEREAS, the project is demolishing an existing single-family home and construct one new three-story four-plex residential townhome building, with a two-car garage provided for each dwelling unit is compatible in use with other developments in the vicinity and is consistent with Policy D-8 (Project Design) of the Design Element of the General Plan; and, WHEREAS, the City Council finds that the project is in compliance with the Land Use and Housing Elements of the General Plan; and,
WHEREAS, the City Council finds that the project complies with the requirements of the California Environmental Quality (CEQA) as the project is categorically exempt pursuant to CEQA Guidelines 15332 Class 32 (In-Fill Development Projects); and WHEREAS, the City Council further offers the following findings in support of its decision to conditionally approve the project:

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

1. 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 three-story four-plex residential townhome building, with a two-car garage provided for each dwelling unit in the C/MU-1 (General Commercial and Mixed Use)

Resolution No. 2024-076

Zone will not be detrimental to the health, safety or convenience of persons residing or working in the neighborhood, or detrimental or injurious to the property and improvements in the neighborhood because it is consistent with the development standards and zoning designation of the site as well as provides improvements to the project site. Specific conditions have been set forth by the Community Development Department, Public Works Department, Building Department, and Public Safety Department to mitigate public safety and welfare concerns such a development project may raise in the Conditions of Approval.

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

The proposed use will not adversely affect the General Plan or Local Coastal Plan because the C/MU-1 (General Commercial and Mixed Use) Zone provides for the allowance exclusively residential developments. In the C/MU-1 (General Commercial and Mixed Use) Zone, residential dwelling units may be permitted at a maximum density of one unit per every one thousand gross square feet of lot area, except that exclusively residential developments are required to comply with the development standards of the R-1500 (High Density Residential) Zoning District. The proposed use provides one new three-story four-plex residential townhome building, with a two-car garage provided for each dwelling unit. The use is similar to other uses in the vicinity, and it will provide additional housing in the community. Therefore, the proposed project meets the purpose and intent of the General Plan and Local Coastal Plan.

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

The proposed three-story four-plex residential townhome building, with a two-car garage provided for each dwelling unit is compatible in use with established uses in the neighborhood which consist of a mix of commercial businesses and single and multifamily residential buildings. The subject site is in the C/MU-1 (General Commercial and Mixed Use) Zone, which provides uses similar in character and scale.

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

The proposed three-story four-plex residential townhome building, with a two-car garage provided for each dwelling unit would be replacing an existing single-family residence.

The surrounding uses consist of a mix of other commercial businesses, residential buildings, and retail shops. The proposed building orientation provides one new threestory building fronting 13th Street. Vehicular ingress and egress to the property would be provided from the existing alley on the east side of the property. Off-street parking areas are accessed from the existing alley in the form of two-car garages provided for each dwelling unit. Pedestrian access to new residential development is accessed from 13th Street via a concrete walkway and security gate located on the northwest corner of the property. The project is harmonious with other uses and structures, which include residential and commercial buildings in the neighborhood, because it proposes a new residential building where nearby properties are comprised of residential and commercial buildings.

Resolution No. 2024-076

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

The project proposes a residential use that is properly integrated. The cohesive design style and the choice of building materials properly integrate the buildings.

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

The project site is an existing 6,997 square foot lot fronting 13th Street. The project would demolish the existing single-family residence and construct one new three-story fourplex residential townhome building, with a two-car garage provided for each dwelling unit. Vehicular ingress and egress to the property would be provided from the existing alley on the east side of the property. Projects proposing exclusively residential developments are required to comply with the development standards of the R-1500 (High Density Residential) Zone. The parking standards in the R-1500 Zone is two spaces per dwelling unit, fifty percent enclosed. The project is required to provide eight parking spaces, fifty percent enclosed. The project is proposing eight parking spaces in the form for (4) two-car garages. As such, access, vehicular ingress and egress, and the amount of proposed parking spaces for the project should not create undue traffic problems because the project complies with the off street parking requirements found in Imperial Beach Municipal Code (IBMC) Section 19.48.

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

The project complies with all other criteria set forth in the City of Imperial Beach Zoning ordinance.

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

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

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

The project description and the date of the City Council public hearing were sent to property owners within 300 feet and occupants within 100 feet of the subject site on October 22, 2024, and a public hearing notice was published in the Imperial Beach Eagle & Times newspaper on October 24, 2024.

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 Site Plan Review (SPR-22-0034), Design Review Case (DRC-22-0033), and categorical exemption pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15332 Class 32 (In-Fill Development Projects) proposing demolish an existing single-family home and construct one new three-story four-plex residential townhome building, with a two-car garage provided for each dwelling unit at 745 13th Street (APN 627-011-05-00) in the C/MU-1 (General Commercial and Mixed Use) Zone are hereby approved subject to the following:

Resolution No. 2024-076

CONDITIONS OF APPROVAL:

1. Approval for Site Plan Review (SPR-22-0034), Design Review Case (DRC-22-0033), and categorical exemption pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15332 Class 32 (In-Fill Development Projects) 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 November 22, 2025, unless vested with substantial construction pursuant to an approved building permit.

Approvals for Site Plan Review (SPR-22-0034), Design Review Case (DRC-22-0033), and categorical exemption pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15332 Class 32 (In-Fill Development Projects) shall run coterminous.

2. The site shall be developed in substantial compliance with the plans dated October 9, 2024, on file at the Community Development Department, or as otherwise amended and approved, and the conditions contained herein.

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

4. 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 property owner shall investigate said complaint and mitigate any issues (adjustment, shades, removal of light, etc.).

5. All lighting for the project must be in conformance with IBMC Chapter 19.56 Lighting Regulations. Should neighborhood concerns or issues arise related to lighting, the owner is required to mitigate the impacts through modification, discontinuance or abatement of the lighting to the satisfaction of the City.

6. No work for which a building permit is required shall be performed within the hours of 7:00 P.M. - 7:00 A.M. Monday - Friday, nor prior to 8:00 A.M. or after 5:00 P.M. on Saturday, nor anytime on Sundays. A sign shall be posted at a conspicuous location near the main entry to the site, prominently displaying these hour restrictions.

7. Any work proposed in the right of way requires issuance of a temporary encroachment permit prior to installation or approval.

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

9. All landscaped areas on site and within the public right-of-way adjacent to the property shall be drought tolerant and shall be permanently irrigated and maintained by the applicant/owner in a healthy condition, free from weeds, trash, and debris.

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

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

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

13. The property owner shall pay off any deficits in his project account (USE-22-0119-DEP) prior to building permit issuance and prior to final inspection.

Resolution No. 2024-076

14. At the time of submittal for a building permit, please include the proposed occupancy types, proposed construction type, and proposed area and height calculations for this project.

15. Obtain all required building permits (Building, Plumbing, Mechanical, Electrical, Grading etc.) for this project. All construction shall comply with the adopted 2022 California Building Standards Codes; Residential, Building, Electrical, Mechanical, Plumbing, Energy, Fire, Green Building, Historic Building, Existing Building, as amended by City Ordinance 2022-1219 and other applicable Municipal Codes in effect at the time of plan submittal for building permits.

16. 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. A setback and building height 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.

17. Provide a note on plans: “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.”

18. Provide a note on plans: “Prior to Foundation Inspection a survey of the property shall be conducted from a California Licensed Surveyor and survey pins shall be in placed to identify the corners”.

19. 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.

20. 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

21. 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).

22. No work for which a building permit is required shall be performed within the hours of 7:00 P.M. - 7:00 A.M. Monday - Friday, nor prior to 8:00 A.M. or after 5:00 P.M. on Saturday nor anytime on Sundays. A sign shall be posted at a conspicuous location near the main entry to the site, prominently displaying these hour restrictions.

23. 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

Resolution No. 2024-076

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).

24. A grading permit will be required for this project should any of the following work take place:
a) Any grading within open space easements or City-owned open space; b) Any grading required for the restoration of unauthorized grading; c) Any grading within the 100-year floodplain;
d) Any grading as a condition of approval of a discretionary permit, including subdivision maps, parcel maps, conditional use permits or other discretionary approvals;
e) Any grading that includes any of the following:
i. Excavation or fill that results in a slope with a gradient of 25% or greater (four horizontal feet to one vertical foot) and for which the depth or height at any point is more than three feet measured vertically at the face of the slope from the top of the slope to the bottom of the slope, ii. Excavation or fill for which the depth or height at any point from the lowest grade to the highest grade at any time during the proposed grading is more than 18 inches measured vertically,
iii. Excavation or fill greater than 50 cubic yards,
iv. Grading for which the graded area is more than one acre. (Ord. 2016- 1158 § 4; Ord. 2008-1064 § 1)

25. 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.

26. 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/

27. Please contact Matthew Schuler at California American Water District; 619-446-5713 or [email protected], to determine your water service requirements for this project.

28. 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.

29. This project is considered a covered multifamily structure per Chapter 11A of the California Building Code. Please ensure that it meets the accessibility provisions of this chapter.

Resolution No. 2024-076

30. Please clarify how the roof will be accessed. The location of the roof hatch is detailed on the plans, but the area below appears to be an interior hallway for one of the residential units.

31. The customer will not be able to keep the meter in the driveway. They will need to fill out a meter sizing worksheet to determine size and have a new service installed, along with a RP backflow.

32. (If Applicable) New sewer connection to the main line shall be coordinated with the Public Works Department.

33. 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.

34. 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.

35. The applicant is required to demonstrate that existing sewer laterals conform to all City standards, specifications and codes. In order to determine the existing condition of the laterals (if applicable) 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.

36. All sewer laterals shall be installed per Regional Standards SS-01 through SS-04, SP-01 through SP-03 & SC-01. Prior to sewer tap, the applicant shall contact the Public Works Department for an inspection of the tie to the Main by calling the Public Works Inspector (619) 551-8005.

37. 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.

38. 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.

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

40. 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 sidewalk and private property line for the entire frontage of the property. Such maintenance shall include watering and clearing of weeds.

41. The proposed alley side driveway shall be constructed in a manner so as to:
a) Maintain existing stormwater runoff flows:
b) Avoid the flow of stormwater across the new driveway (or associated sidewalk); and

Resolution No. 2024-076

c) Include the installation of an expansion joint between the paved surface on the private property and the paved surface of the public right-of-way.

42. 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.

43. All existing sidewalk abutting the property along 13th St. that does not conform to current ADA standards ( > 2% cross slope) shall be reconstructed and replaced per SDRSD G7, with sidewalk joint locations per SDRSD G-9 and concrete joint details per SDRSD G10 & G-11.

44. Existing driveway approach at property on 13th St. shall be removed and replaced per SDRSD G-3 (Monolithic Curb, Gutter & Sidewalk).

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

46. 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.

47. All trench resurfacing shall be performed in accordance with the standards shown below and shall be subject to inspection by the City’s Public Works 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:

48. Trenches wider than six (6) inches: Use Regional Standard G-24A type C. The base shall be compacted with twelve (12) inch maximum lifts to 95% modified proctor and test reports.
a) Trenches six (6) inches or less: Use regional standard G-33 Type B. Call for an inspection prior to the Asphalt repair at (619) 423-8311. b) Traffic Control plans shall be followed per approved plans and adjusted by the contractor for changing conditions.
c) 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.
d) 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.

Resolution No. 2024-076

e) No trench shall be opened in any street for the purpose of laying pipes, conduits or ducts except when the prior written consent of the Director of Public Works has been obtained. Construction shall include restoration of all speed controls (bumps or humps) and all striping and/or any signage that may be disturbed as the result of project implementation. Restoration of disturbed speed humps shall include a double coat of speed hump paint with glass crystals. No open trench shall be allowed across any street or within 10 ft. of any travel way.

49. 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.

50. 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.

51. 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.

52. Permittee shall schedule inspections with the Public Works Department (619) 551-8005 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

53. 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.

54. 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.

55. Ensure construction design includes adequate storage (out of the front yard setback) for 3 trash barrels (regular trash, recycled waste, green waste). An adequately sized refuse and recycling container may also be provided and/or required by the City. Any final design is subject to authorization by the City and the City’s waste hauler provider, as

Resolution No. 2024-076

determined by the City. The City has authorization to determine whether the refuse is picked up from the alley or street.

56. 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.

57. 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.

58. 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 Public Works Department.

59. 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.

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

61. 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.

Resolution No. 2024-076

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.”
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 Site Plan Review (SPR-22-0034), Design Review Case (DRC-22-0033) and categorical exemption pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15332 Class 32 (In-Fill Development Projects) is approved for the demolition of an existing single-family home and construct one new three-story four-plex residential townhome building, with a two-car garage provided for each dwelling unit at 745 13th Street (APN 627-011-05-00), 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 6
th day of November 2024, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

PALOMA AGUIRRE, MAYOR
ATTEST:

JACQUELINE M. KELLY, MMC

CITY CLERK

ATTACHMENT 2

N89°20'16"W 140.03' N0°38'36"E 49.97' N0°39'18"E 49.97' N89°20'20"W 140.04' 13TH STREETBLOCK 28 MAP 497
10 13
31 30
29 28
UNIT 1 UNIT 2 UNIT 3 UNIT 4
RJ Leal, Inc
347 Third Ave Chula Vista, CA 91910 Sheet Title :
as noted

CHECKED
DRAWN
DATE

JOB NAME
SCALE
SHEET
OF # SHEETS
01-22 RJ - 13th St
6/1/2023
REVISIONS BY TPJ Architecture

SAN DIEGUITO
ENGINEERING, INC.

CIVIL ENGINEERING . PLANNING .

LAND SURVEYING ~ All Things Residential ~ 458 East 'J' St. Chula Vista, CA 91910 619.368.6776 www.TpjArchitecture.com UNIT 1 UNIT 2 UNIT 3 UNIT 4
UNIT 4
UNIT 2
C-1
Precise Grading and Drainage Plan

13TH STREETBLOCK 28 MAP 497
10 13
31 30
29 28
UNIT 1 UNIT 2 UNIT 3 UNIT 4
RJ Leal, Inc
347 Third Ave Chula Vista, CA 91910 Sheet Title :
as noted

CHECKED
DRAWN
DATE

JOB NAME
SCALE
SHEET
OF # SHEETS
01-22 RJ - 13th St
6/1/2023
REVISIONS BY TPJ Architecture

SAN DIEGUITO
ENGINEERING, INC.

CIVIL ENGINEERING . PLANNING .

LAND SURVEYING ~ All Things Residential ~ 458 East 'J' St. Chula Vista, CA 91910 619.368.6776 www.TpjArchitecture.com C-2 Erosion Control Plan

WM ELEC VAULT
EPB
CATV
X
/// 13TH STREET ALLEY
w RP
RP
ATION
2 - 6" RISERS
1 - 11" TREAD
UNIT 1
32 GAL BLUE CART
2-CAR
GARAGE

STACKED
WASHER
DRYER
16' x 7' O.H. DOOR UP 14-R
ENTRY
3068
LINE OF 2nd FLOOR CANTILEVER

ADA LANDING
16' x 7' O.H. DOOR
(ACCESSIBLE)
16' x 7' O.H. DOOR
LINE OF 2nd FLOOR CANTILEVER
16' x 7' O.H. DOOR
UNIT 2
2-CAR
GARAGE
UNIT 3
2-CAR
GARAGE
ENTRY 3068 3068
UNIT 4
2-CAR
GARAGE UP 18-R 3068
ENTRY 3068
ENTRY
LINE OF 2nd FLOOR CANTILEVER
50-GAL HYBRID

HEAT-PUMP W/H
50-GAL HYBRID

HEAT-PUMP W/H
50-GAL HYBRID
HEAT-PUMP W/H UP 16-R
(19' x 19' INSIDE) (19' x 19' INSIDE)
(19' x 19' INSIDE) (19' x 19' INSIDE)
(FF 29.88) (FF 29.38)
(FF 27.88)
(FF 28.38)
(FF 29.38) 3068 3068

LEVEL LEVEL
50-GAL HYBRID
HEAT-PUMP W/H F.O.S. F.O.S.

VERTICAL
LIFT LEVEL LEVEL UP 16-R (FF 28.88)
32 GAL BLACK CART
32 GAL GREEN CART
(FF 28.38) 3068 LEVEL LEVEL
(FF 27.88) LEVEL LEVEL
32 GAL BLUE CART

STACKED
WASHER
DRYER
32 GAL BLACK CART
32 GAL GREEN CART
32 GAL BLUE CART

STACKED
WASHER
DRYER
32 GAL BLACK CART
32 GAL GREEN CART
32 GAL BLUE CART

STACKED
WASHER
DRYER
32 GAL BLACK CART
32 GAL GREEN CART
MINI

SPLIT MINI
SPLIT
LINE OF 2nd FLOOR CANTILEVER MINI
SPLIT
MINI
SPLIT

WM ELEC VAULT

EPB CATV
X
/// 13TH STREET ALLEY
w RP
RP
ATION
2 - 6" RISERS 1 - 11" TREAD UNIT 1
32 GAL BLUE CART
2-CAR GARAGE

STACKED WASHER DRYER
16' x 7' O.H. DOOR UP 14-R ENTRY
3068
LINE OF 2nd FLOOR CANTILEVER

ADA LANDING
16' x 7' O.H. DOOR
(ACCESSIBLE)
16' x 7' O.H. DOOR
LINE OF 2nd FLOOR CANTILEVER
16' x 7' O.H. DOOR UNIT 2
2-CAR GARAGE UNIT 3
2-CAR GARAGE
ENTRY 3068 3068
UNIT 4
2-CAR GARAGE UP 18-R 3068
ENTRY 3068 ENTRY
LINE OF 2nd FLOOR CANTILEVER
50-GAL HYBRID

HEAT-PUMP W/H
50-GAL HYBRID

HEAT-PUMP W/H
50-GAL HYBRID
HEAT-PUMP W/H UP 16-R
(19' x 19' INSIDE)
(19' x 19' INSIDE)
(19' x 19' INSIDE)
(19' x 19' INSIDE)
(FF 29.88)
(FF 29.38) (FF 27.88)
(FF 28.38)
(FF 29.38) 3068 3068

LEVEL LEVEL
50-GAL HYBRID
HEAT-PUMP W/H F.O.S. F.O.S.

VERTICAL
LIFT LEVEL LEVEL UP 16-R (FF 28.88)
32 GAL BLACK CART
32 GAL GREEN CART
(FF 28.38) 3068 LEVEL LEVEL
(FF 27.88) LEVEL LEVEL
32 GAL BLUE CART

STACKED WASHER DRYER
32 GAL BLACK CART
32 GAL GREEN CART
32 GAL BLUE CART

STACKED WASHER DRYER
32 GAL BLACK CART
32 GAL GREEN CART
32 GAL BLUE CART

STACKED WASHER DRYER
32 GAL BLACK CART
32 GAL GREEN CART

MINI SPLIT MINI SPLIT
LINE OF 2nd FLOOR CANTILEVER MINI SPLIT MINI SPLIT All plans, designs and ideas shown on this drawing are the property of Neri Landscape Architecture and shall not be used, disclosed or reproduced by any person, firm or corporation for any purpose without written consent from Neri Landscape Architecture Project No. - XX Drawn - XXX Checked - JPN 25 MAY 2024928 Hornblend Street, Suite # 3
San Diego, CA 92109Fax 858-274-3223 Tel 858-274-3222 - www.NeriLa.com South Bay Palms CONCEPT PLAN745 13th Street Imperial Beach, CA 91932 LANDSCAPE IMPROVEMENT PLANS FOR CONCEPT LANDSCAPE PLAN L-1

HARDSCAPE LEGEND

HARDSCAPE PAVING 'A'
Impermeable pedestrian paving such as:
· Uncolored concrete paving with enhanced finish
· Integral colored paving with enhanced finish
LANDSCAPE KEY NOTES:

A PROPERTY LINE - TYPICAL SYMBOL
DECORATIVE FENCE. 12" SQUARE X
4' HIGH PILASTERS WITH 4' HIGH

WROUGHT IRON FENCE BETWEEN
4' HIGH WROUGHT IRON GATE
6' HIGH SOLID WOOD FENCE
4' HIGH SOLID WOOD FENCE IN

FRONT YARD EASEMENT

NOT USED

EXISTING WATER SERVICE TO BE

CONVERTED TO IRRIGATION SERVICE

NEW DOMESTIC WATER SERVICE PER

CIVIL PLANS

MAINTENANCE

ALL REQUIRED LANDSCAPE AREAS SHALL BE MAINTAINED BY
THE OWNER. LANDSCAPE & IRRIGATION AREAS IN THE
PUBLIC ROW SHALL BE MAINTAINED BY THE OWNER.

THE LANDSCAPE AREAS SHALL BE MAINTAINED FREE OF

DEBRIS AND LITTER AND ALL PLANT MATERIAL SHALL BE
MAINTAINED IN A HEALTHY GROWING CONDITION. DISEASED

OR DEAD PLANT MATERIAL SHALL BE SATISFACTORILY

TREATED OR REPLACED PER THE CONDITIONS OF THE
PERMIT.

1. THE LANDSCAPE PLAN IS FOR GENERAL SITE REFERENCE ONLY. REFER

TO OTHER CONSTRUCTION DOCUMENTS FOR COMPLETE SCOPE OF
WORK.

2. BEFORE COMMENCING ANY SITE EXCAVATION, VERIFY LOCATIONS OF

ALL EXISTING SITE UTILITIES, INCLUDING WATER SEWER, GAS, AND ELECTRICAL LINES. FLAG OR OTHERWISE MARK ALL LOCATIONS AND INDICATE UTILITY TYPE.

3. GRADE SITE TO DIRECT GROUND WATER AWAY FROM BUILDING AND NEW ADDITIONS. LANDSCAPE DRAINS SHALL BE INSTALLED AT LOW POINTS TO REDUCE RUNOFF CROSSING PATHS AND PAVING.

4. LOCATE REFUSE BIN AT APPROVED ON-SITE LOCATION. CONTRACTOR SHALL DISPOSE OF ALL SITE REFUSE AT CITY-APPROVED LOCATIONS.

5. ALL REQUIRED PLANTING AREAS SHALL BE COVERED WITH MULCH TO A MINIMUM DEPTH OF 3 INCHES, EXCLUDING SLOPES REQUIRING
RE-VEGETATION AND AREAS TO BE PLANTED WITH GROUND COVER. ALL

EXPOSED SOIL AREAS WITHOUT VEGETATION SHALL ALSO BE MULCHED TO THIS MINIMUM DEPTH.

6. ALL REQUIRED TREES SHALL HAVE AT LEAST ONE WELL DEFINED TRUNK

AND SHALL NORMALLY ATTAIN A MATURE HEIGHT AND SPREAD OF AT LEAST 15 FEET. NO TREES WITH CO-DOMINATE LEADERS SHALL BE ACCEPTED.

7. PROPOSED LANDSCAPING SHALL NOT CONFLICT WITH EXISTING UTILITIES.

8. PROPOSED UTILITIES SHALL NOT CONFLICT WITH PROPOSED
LANDSCAPING.

9. ANY TREE WITHIN 10' OF PAVING, FOOTING, BUILDING, OR ANDY OTHER

HARDSCAPE WITHIN THE PUBLIC RIGHT-OF-WAY SHALL HAVE ROOT BARRIER INSTALLED AT A MINIMUM OF 18" IN DEPTH, AND 20' IN LENGTH, CENTERED ON CENTERLINE OF TREE TRUNK (10' TO EACH SIDE).

10. ALL LANDSCAPE AND IRRIGATION SHALL CONFORM TO THE CITY OF

IMPERIAL BEACH LANDSCAPE STANDARDS AND ALL OTHER CITY AND REGIONAL STANDARDS.

GENERAL NOTES:

B
C
D
E

THE LANDSCAPE ENVISIONED FOR THIS MULTI-FAMILY RESIDENTIAL BUILDING

IS TO CREATE A SPACE WHERE THE RESIDENTS CAN ENJOY AN ENCLOSED OUTDOOR AREA FOR RECREATING OR RELAXING. SHADE TREES HAVE BEEN PROVIDED AT THE EDGES OF AN OPEN TURF AREA. THE TURF AREA IS A GREEN OASIS THAT CAN BE USED FOR ACTIVE OR PASSIVE USES. THE

DRIVEWAY IS LINED WITH SIGNATURE PALMS THAT DEFINE THE SPACE WHILE ADDING SCREENING BETWEEN PROPERTIES. THE SOFT GRASS PLANTS

PROVIDE MOVEMENT WHICH CONTRASTS TO THE STRUCTURAL FORM OF THE AGAVE. THE GRASSES SPEAK TO THE NATURE OF THE COAST WHILE THE STRONG FORM SPEAKS TO A MODERN DESIGN. ALL PLANTS HAVE BEEN SELECTED FOR THEIR WATER EFFICIENCY & MAINTAINABILITY. ALL LANDSCAPE WILL BE MAINTAINED BY THE OWNER.

LANDSCAPE CONCEPT DESIGN STATEMENT

HARDSCAPE PAVING 'B'
Impermeable vehicular paving such as:
· Uncolored concrete paving with enhanced finish
· Integral colored paving with enhanced finish

HARDSCAPE PAVING 'C'
Impermeable pedestrian paving such as:
· Concrete pavers
TOTAL FRONT YARD SETBACK: 750 SF
LANDSCAPED AREA (50% REQ'D): 375 SF
LANDSCAPE AREA PROVIDED: 592 SF (79%)
OPEN SPACE TABULATION:

REQUIRED
4 UNITS X 300 SF/ UNIT: 1,200 SF

PROVIDED
PRIVATE BALCONIES: 288 SF
4 UNITS X 72 SF
GRADE LEVEL OPEN SPACE: 916 SF
60% REQ'D: 720 SF
TOTAL 1,204 SF

SEE ARCH
PLANS
SYMBOL
A
B
E
C
F
D
D
D
OPEN SPACE MAP:

FRONT YARD LANDSCAPE SUMMARY
(RESIDENTIAL):

G
H
G
H
0 2 4 8
15'
B D

SYMBOL CODE BOTANICAL NAME COMMON NAME SIZE WUCOLS QTY
TREES
ARB MRN Arbutus x `Marina` Marina Strawberry Tree Standard 24"box LOW 1 PHO MUL Phoenix roebelenii Pygmy Date Palm Multi-Trunk 5 gal MODERATE 1 SYA QU2 Syagrus romanzoffiana Queen Palm 10` BTH MODERATE 6 SHRUBS
AGA TAF Agave attenuata 'Blue Flame' Blue Flame Agave 5 gal LOW 3 DIA UEY Dianella revoluta 'Little Rev' Little Rev Flax Lily 1 gal LOW 36 DIA VAR Dianella tasmanica 'Variegata' Variegated Flax Lily 5 gal MODERATE 10 FRA RSR Frangula californica `Little Sur` Little Sur Coffeeberry 5 gal VERY LOW 7 LOM BRE Lomandra longifolia 'LM300' Breeze™ Mat Rush 5 gal LOW 27 PHO ATR Phormium tenax 'Atropurpureum' Purple New Zealand Flax 5 gal LOW 11

SYMBOL CODE BOTANICAL NAME COMMON NAME CONT WUCOLS SPACING QTY

GROUND COVERS
FES FUX Festuca arundinacea `West Coaster` West Coaster Tall Fescue sod HIGH 434 sf SEN BLU Senecio mandraliscae 'Blue Chalk Sticks' Senecio flat LOW 8" o.c. 170 sf

PLANT SCHEDULE SITE
5'
15'

WM ELEC VAULT
EPB
CATV
X
/// 13TH STREET ALLEY
w RP
RP
ATION
2 - 6" RISERS
1 - 11" TREAD
UNIT 1
32 GAL BLUE CART
2-CAR
GARAGE

STACKED
WASHER
DRYER
16' x 7' O.H. DOOR UP 14-R
ENTRY
3068
LINE OF 2nd FLOOR CANTILEVER

ADA LANDING
16' x 7' O.H. DOOR
(ACCESSIBLE)
16' x 7' O.H. DOOR
LINE OF 2nd FLOOR CANTILEVER
16' x 7' O.H. DOOR
UNIT 2
2-CAR
GARAGE
UNIT 3
2-CAR
GARAGE
ENTRY 3068 3068
UNIT 4
2-CAR
GARAGE UP 18-R 3068
ENTRY 3068
ENTRY
LINE OF 2nd FLOOR CANTILEVER
50-GAL HYBRID

HEAT-PUMP W/H
50-GAL HYBRID

HEAT-PUMP W/H
50-GAL HYBRID
HEAT-PUMP W/H UP 16-R
(19' x 19' INSIDE) (19' x 19' INSIDE)
(19' x 19' INSIDE) (19' x 19' INSIDE)
(FF 29.88) (FF 29.38)
(FF 27.88)
(FF 28.38)
(FF 29.38) 3068 3068

LEVEL LEVEL
50-GAL HYBRID
HEAT-PUMP W/H F.O.S. F.O.S.

VERTICAL
LIFT LEVEL LEVEL UP 16-R (FF 28.88)
32 GAL BLACK CART
32 GAL GREEN CART
(FF 28.38) 3068 LEVEL LEVEL
(FF 27.88) LEVEL LEVEL
32 GAL BLUE CART

STACKED
WASHER
DRYER
32 GAL BLACK CART
32 GAL GREEN CART
32 GAL BLUE CART

STACKED
WASHER
DRYER
32 GAL BLACK CART
32 GAL GREEN CART
32 GAL BLUE CART

STACKED
WASHER
DRYER
32 GAL BLACK CART
32 GAL GREEN CART
MINI

SPLIT MINI
SPLIT
LINE OF 2nd FLOOR CANTILEVER MINI
SPLIT
MINI
SPLIT All plans, designs and ideas shown on this drawing are the property of Neri Landscape Architecture and shall not be used, disclosed or reproduced by any person, firm or corporation for any purpose without written consent from Neri Landscape Architecture Project No. - XX Drawn - XXX Checked - JPN 25 MAY 2024928 Hornblend Street, Suite # 3
San Diego, CA 92109Fax 858-274-3223 Tel 858-274-3222 - www.NeriLa.com South Bay Palms CONCEPT PLAN745 13th Street Imperial Beach, CA 91932 LANDSCAPE IMPROVEMENT PLANS FOR CONCEPT LANDSCAPE WATER USE L-2

1. ALL PLANTING AREAS SHALL BE IRRIGATED BY A DEDICATED,

BACKFLOW-PREVENTED IRRIGATION SYSTEM ACCORDING TO PLANT TYPE AND

ENVIRONMENTAL EXPOSURE AND SHALL RECEIVE UNIFORM WATER COVERAGE

BY MEANS OF A HIGH EFFICIENCY, AUTOMATICALLY CONTROLLED, ELECTRICALLY ACTUATED, UNDERGROUND PIPED SPRINKLER SYSTEM. THE IRRIGATION DESIGN

SHALL BE DESIGNED TO CONFORM TO THE HYDROZONES OF THE PLANTS

SPECIFIED, PREVENT RUNOFF, OVERSPRAY, AND USE LOW VOLUME IRRIGATION SYSTEM. IRRIGATION MAINLINE PIPING SHALL BE PVC PLASTIC (TYPE 1120) CLASS 315 PRESSURE PIPE, AND LATERAL LINE PIPING SHALL BE SCHEDULE 40 NON-PRESSURE PIPE. PRESSURE LINES SHALL BE INSTALLED 18" DEEP, AND NON-PRESSURE LINES 12" DEEP. A MASTER VALVE AND FLOW SENSOR SHALL BE

INSTALLED TO MINIMIZE DAMAGE IN THE CASE OF A VALVE FAILURE OR MAINLINE BREAK.

2. ALL PROPOSED IRRIGATION SYSTEMS WILL USE AN APPROVED RAIN SENSOR SHUTOFF DEVICE.

3. INSTALL 3" DEEP MIN. LAYER OF ORGANIC MULCH IN ALL PLANTING BEDS

EXCLUDING AREAS WITH GROUND COVER PLANTING
IRRIGATION CONCEPT:

IRRIGATION CONSERVATION
COMPLIANCE STATEMENT:

I AM FAMILIAR WITH THE REQUIREMENTS FOR LANDSCAPE AND
IRRIGATION PLANS CONTAINED IN THE CITY OF IMPERIAL BEACH’S WATER EFFICIENT LANDSCAPE REGULATIONS. I HAVE PREPARED THIS

PLAN IN COMPLIANCE WITH THOSE REGULATIONS AND THE
LANDSCAPE DESIGN MANUAL. I CERTIFY THAT THE PLAN IMPLEMENTS

THOSE REGULATIONS TO PROVIDE EFFICIENT USE OF WATER

I AGREE TO COMPLY WITH THE REQUIREMENTS OF THE WATER

EFFICIENT LANDSCAPE ORDINANCE AND SUBMIT A COMPLETE

LANDSCAPE DOCUMENTATION PACKAGE
IRRIGATION GENERAL NOTES:

1. PRESSURE REGULATING DEVICES ARE REQUIRED IF WATER

PRESSURE IS BELOW OR EXCEEDS THE RECOMMENDED

PRESSURE OF THE SPECIFIED IRRIGATION DEVICES

2. CHECK VALVES OR ANTI-DRAIN VALVES ARE REQUIRED ON ALL

SPRINKLER HEADS WHERE LOW POINT DRAINAGE COULD OCCUR

3. IRRIGATION SYSTEM IS DESIGNED TO PREVENT RUNOFF, LOW

HEAD DRAINAGE, OVERSPRAY , OR OTHER SIMILAR CONDITIONS

WHERE IRRIGATION WATER FLOWS ONTO NON-TARGETED AREAS

4. AUTOMATIC IRRIGATION CONTROLLER SHALL BE ET-BASED OR

SOIL MOISTURE BASED

5. SENSORS TO SHUT OFF IRRIGATION DURING UNFAVORABLE

WEATHER CONDITIONS SHALL BE INCORPORATED INTO THE

IRRIGAITON CONTROLLER

6. THE MANUAL SHUT OFF VALVE SHALL BE LOCATED AS CLOSE AS

POSSIBLE TO THE POINT OF CONNECTION

7. THE SYSTEM SHALL CONTAIN A MASTER VALVE AND FLOW
SENSOR
IRRIGATION ADDITIONAL SUBMITTALS:

1. CERTIFICATE OF COMPLETION

2. COMPLETED IRRIGATION AUDIT AND DOCUMENTS VERIFYING THAT

RECOMMENDED REPAIRS WERE COMPLETED

3. LANDSCAPE WASTE DIVERSION REPORT

4. AS-BUILTS OR RECORD DRAWINGS, IF CHANGES WERE MADE TO

APPROVED LANDSCAPE DOCUMENTS

5. SOIL MANAGEMENT REPORT IF NOT SUBMITTED PREVIOUSLY AND

PROVIDE DOCUMENTS THAT SOIL ANALYSIS RECOMMENDATIONS

WERE USED TO AMEND THE PLANTING SOIL, SUCH AS DELIVERY

TAGS AND RECEIPTS FOR COMPOST AND MULCH

6. FOR PROJECTS 500 TO 2,500 SF COMPLYING WITH APPENDIX D A

LANDSCAPE DESIGN PLAN IS REQUIRED

MWELO LANDSCAPE DOCUMENTATION PACKAGE

THE LANDSCAPE DOCUMENT PACKAGE SHALL INCLUDE THE FOLLOWING SIX ELEMENTS:

1. PROJECT INFORMATION

1.A. DATE: SEE TITLEBLOCK

1.B. PROJECT APPLICANT: SEE TITLE SHEET

1.C. PROJECT ADDRESS (IF AVAILABLE, PARCEL/ LOT NUMBERS): SEE ARCH PLANS

1.D. TOTAL LANDSCAPE AREA (SF): SEE WATER USE CALCULATION SHEET

1.E. PROJECT TYPE (NEW, REHABILITATED, PUBLIC, PRIVATE, CEMETERY, ETC.): NEW

1.E.A. WATER SUPPLY TYPE: POTABLE

1.E.B. WATER PURVEYOR: CALIFORNIA AMERICAN WATER

1.F. CHECKLIST OF ALL DOCUMENTS IN THE LANDSCAPE DOCUMENTATION PACKAGE:

THIS LIST

1.G. PROJECT CONTACTS TO INCLUDE CONTACT INFORMATION FOR THE PROJECT APPLICANT AND PROPERTY OWNER: SEE TITLE SHEET

1.H. APPLICANT (REPRESENTATIVE'S) SIGNATURE AND DATE WITH COMPLIANCE STATEMENT: SEE THIS SHEET

2. WATER EFFICIENT LANDSCAPE WORKSHEET: SEE THIS SHEET

2.A. HYDROZONE INFORMATION TABLE

2.B. WATER BUDGET CALCULATIONS

2.B.A. MAXIMUM APPLIED WATER ALLOWANCE (MAWA)

2.B.B. ESTIMATED TOTAL WATER USE (ETWU)

3. SOIL MANAGEMENT REPORT: SEE GEOTECHNICAL REPORT

4. LANDSCAPE DESIGN PLAN: SEE ATTACHED

5. IRRIGATION DESIGN PLAN: SEE HYDROZONE PLAN

6. GRADING DESIGN PLAN: SEE CIVIL PLANS

I AGREE TO COMPLY WITH THE REQUIREMENTS OF THE WATER

EFFICIENT LANDSCAPE ORDINANCE AND SUBMIT A COMPLETE

LANDSCAPE DOCUMENTATION PACKAGE
JAMES P. NERI

NERI LANDSCAPE ARCHITECTURE
LICENSED LANDSCAPE ARCHITECT, RLA#3321
JAMES P. NERI

NERI LANDSCAPE ARCHITECTURE
LICENSED LANDSCAPE ARCHITECT, RLA#3321
0 2 4 8
1 1
1 SLA
2 2
2 2
2 2
2 1 1 1
1 1
2

WM ELEC VAULT
EPB
CATV
X
/// 13TH STREET ALLEY
w RP
RP
ATION
2 - 6" RISERS
1 - 11" TREAD
UNIT 1
32 GAL BLUE CART
2-CAR
GARAGE

STACKED
WASHER
DRYER
16' x 7' O.H. DOOR UP 14-R
ENTRY
3068
LINE OF 2nd FLOOR CANTILEVER

ADA LANDING
16' x 7' O.H. DOOR
(ACCESSIBLE)
16' x 7' O.H. DOOR
LINE OF 2nd FLOOR CANTILEVER
16' x 7' O.H. DOOR
UNIT 2
2-CAR
GARAGE
UNIT 3
2-CAR
GARAGE
ENTRY 3068 3068
UNIT 4
2-CAR
GARAGE UP 18-R 3068
ENTRY 3068
ENTRY
LINE OF 2nd FLOOR CANTILEVER
50-GAL HYBRID

HEAT-PUMP W/H
50-GAL HYBRID

HEAT-PUMP W/H
50-GAL HYBRID
HEAT-PUMP W/H UP 16-R
(19' x 19' INSIDE) (19' x 19' INSIDE)
(19' x 19' INSIDE) (19' x 19' INSIDE)
(FF 29.88) (FF 29.38)
(FF 27.88)
(FF 28.38)
(FF 29.38) 3068 3068

LEVEL LEVEL
50-GAL HYBRID
HEAT-PUMP W/H F.O.S. F.O.S.

VERTICAL
LIFT LEVEL LEVEL UP 16-R (FF 28.88)
32 GAL BLACK CART
32 GAL GREEN CART
(FF 28.38) 3068 LEVEL LEVEL
(FF 27.88) LEVEL LEVEL
32 GAL BLUE CART

STACKED
WASHER
DRYER
32 GAL BLACK CART
32 GAL GREEN CART
32 GAL BLUE CART

STACKED
WASHER
DRYER
32 GAL BLACK CART
32 GAL GREEN CART
32 GAL BLUE CART

STACKED
WASHER
DRYER
32 GAL BLACK CART
32 GAL GREEN CART
MINI

SPLIT MINI
SPLIT
LINE OF 2nd FLOOR CANTILEVER MINI
SPLIT
MINI
SPLIT All plans, designs and ideas shown on this drawing are the property of Neri Landscape Architecture and shall not be used, disclosed or reproduced by any person, firm or corporation for any purpose without written consent from Neri Landscape Architecture Project No. - XX Drawn - XXX Checked - JPN 25 MAY 2024928 Hornblend Street, Suite # 3
San Diego, CA 92109Fax 858-274-3223 Tel 858-274-3222 - www.NeriLa.com South Bay Palms CONCEPT PLAN745 13th Street Imperial Beach, CA 91932 LANDSCAPE IMPROVEMENT PLANS FOR CONCEPT LIGHTING PLAN L-3

GENERAL LIGHTING NOTES

1. CONTRACTOR SHALL SUPPLY AND INSTALL A LOW VOLTAGE (12v) LANDSCAPE LIGHTING SYSTEM WHICH

INCLUDES THE FIXTURES SPECIFIED ON THE LIGHTING EQUIPMENT SCHEDULE, LOW VOLTAGE

TRANSFORMERS, DIRECT BURIAL CABLE AND ALL NECESSARY COMPONENTS AND ACCESSORIES REQUIRED TO COMPLETE THE LAYOUT AS SHOWN ON THE LIGHTING LAYOUT PLAN.

2. THIS LAYOUT IS DIAGRAMMATIC AND IS INTENDED TO SHOW GENERAL FIXTURE LOCATIONS AND UTILITIES.

LINE VOLTAGE (120v) IS NOT A PART OF THIS PLAN BUT SHALL BE INSTALLED BY A LICENSED ELECTRICIAN AS

REQUIRED TO PROVIDE THE NECESSARY POWER TO THE TRANSFORMERS SHOWN FROM A MASTER CONTROL SYSTEM.

3. ALL WORK SHALL COMPLY WITH THE UNIFORM BUILDING CODE, CALIFORNIA ELECTRICAL CODE TITLE 8, AND ALL LOCAL CODES AND ORDINANCES. CONTRACTOR SHALL POSSESS ALL NECESSARY LICENSES TO

COMPLETE DESCRIBED WORK AND SHALL CARRY GENERAL LIABILITY AND WORKER'S COMPENSATION INSURANCE. CONTRACTOR SHALL OBTAIN ALL NECESSARY PERMITS TO COMPLETE THE WORK DESCRIBED.

4. CONTRACTOR SHALL VERIFY SITE MEASUREMENTS, GRADES, EXISTING CHASE LINE SLEEVES, EXISTING PLANT LOCATIONS AND EXISTING UTILITIES, EQUIPMENT AND SWITCHING CONTROLS.

5. CABLE LAYOUT SHOWN ON PLAN IS FOR FIXTURE GROUPING ONLY. CABLE SHALL BE CIRCUITED AND SIZED TO PROVIDE A MINIMUM OF 12 VOLTS AND A MAXIMUM OF 15 VOLTS TO ALL LIGHTING FIXTURES. CABLE SHALL BE MULTI-STRANDED DIRECT BURIAL CABLE, 12 GAUGE MINIMUM. ALL WIRE JUNCTIONS SHALL BE MADE WITH APPROVED, FULLY ENCAPSULATED WATERPROOF CONNECTORS RATED FOR DIRECT BURIAL.

6. ALL CABLE SHALL BE 12 GAUGE, CONCEALED FROM PRIMARY VIEW AND INSTALLED PER THE DETAILED DRAWINGS. CABLE SHALL BE BLACK, LOW VOLTAGE TWO CONDUCTOR. MAKE CONNECTIONS IN FIXTURES OR J BOXES OR WITH WIRE NUTS POINTING UP.

7. VERIFY ALL FIXTURE LOCATIONS WITH LANDSCAPE ARCHITECT PRIOR TO INSTALLATION.

8. CONTRACTOR SHALL SCHEDULE A DUSK MEETING WITH THE OWNER AND THE LANDSCAPE ARCHITECT TO TEST AND AIM ALL LIGHTING EQUIPMENT TO THE SATISFACTION OF THE OWNER.

9. UPON COMPLETION AND ACCEPTANCE OF THE LOW VOLTAGE LIGHTING SYSTEM BY THE OWNER, THE CONTRACTOR SHALL PROVIDE A ONE (1) YEAR GUARANTEE FOR THE FREE LABOR AND REPLACEMENT OF ALL LIGHTING EQUIPMENT.

10. PRIOR TO RELEASE OF FINAL PAYMENT THE CONTRACTOR SHALL PREPARE, AT NO ADDITIONAL COST, A COMPLETE AND REPRODUCIBLE DRAWING OF THE SYSTEM LAYOUT AS IT WAS ACTUALLY INSTALLED.

LOCATION OF CABLE RUNS SHALL BE DIMENSIONED FROM THE NEAREST PAVED EDGE OR WALL.

11. ALL LIGHTING FOR THE PROJECT MUST BE IN CONFORMANCE WITH IBMC CHAPTER 19.56 LIGHTING REGULATIONS.

SHOULD NEIGHBORHOOD CONCERNS OR ISSUES ARISE RELATED TO LIGHTING, THE OWNER IS REQUIRED TO MITIGATE

THE IMPACTS THROUGH MODIFICATION, DISCONTINUANCE, OR ABATEMENT OF THE LIGHTING TO THE SATISFACTION

OF THE CITY

LOW VOLTAGE LIGHTING EQUIPMENT SCHEDULE

SYMBOL DESCRIPTION SOURCE MATERIAL/ FINISH/NOTES IMAGE
LOW VOLTAGE (12V)

LIGHTING TRANSFORMER
150W, LOW VOLTAGE
(12W) MULTI-TAP

TRANSFORMER IN

STAINLESS STEEL WITH

CLEAR POWDER COAT

ENCLOSURE WITH TIMER

VISTA PROFESSIONAL LIGHTING
(800) 766-8478
MODEL: ES-150 VA-T --

FIXTURE

LED FLOOD LIGHT

VISTA PROFESSIONAL LIGHTING
(800) 766-8478
MODEL: GR-5014i-B-2.5-N-MF
MOUNT: GROUND
MATERIAL: COMPOSITE
FINISH: BLACK
LAMP: LED, COLOR NEUTRAL

FIXTURE

LED PATH LIGHT
A
WIRING

DIRECT BURIAL WITH

CONNECTORS
WESTWIRE USE '3M DBO/B-6 UNDERGROUND WIRE

CONNECTORS' --

VISTA PROFESSIONAL LIGHTING
(800) 766-8478
MODEL: PR-6570-B-W-N-LB2ND
MOUNT: GROUND
MATERIAL: COMPOSITE
FINISH: BLACK
LAMP: LED, COLOR NEUTRAL
B
B
A
LANDSCAPE KEY NOTES:

PATH LIGHTS HAVE A SHIELD TO FOCUS LIGHT
ON THE GROUND. LIGHT DOES NOT SPILL ONTO

ADJACENT PROPERTY

UP LIGHTS AT TREES HAVE SHIELDS TO FOCUS

LIGHT INTO THE FOLIAGE AND NOT ON

ADJACENT PROPERTIES
A
B TYP.

TYP.

B IMAGE

PATH LIGHT FIXTURE

A IMAGE

TREE LIGHT
0 2 4 8

All plans, designs and ideas shown on this drawing are the property of Neri Landscape Architecture and shall not be used, disclosed or reproduced by any person, firm or corporation for any purpose without written consent from Neri Landscape Architecture Project No. - XX Drawn - XXX Checked - JPN 25 MAY 2024928 Hornblend Street, Suite # 3
San Diego, CA 92109Fax 858-274-3223 Tel 858-274-3222 - www.NeriLa.com South Bay Palms CONCEPT PLAN745 13th Street Imperial Beach, CA 91932 LANDSCAPE IMPROVEMENT PLANS FOR CONCEPT MATERIALS IMAGERY TREES SHRUBS GROUNDCOVERS SHRUBS Marina Strawberry Tree
Arbutus x 'Marina'
Variegated Flax Lily
Dianella tasmanica 'Variegata' All plans, designs and ideas shown on this drawing are the property of Neri Landscape Architecture and shall not be used, disclosed or reproduced by any person, firm or corporation for any purpose without written consent from Neri Landscape Architecture Project No. - XX Drawn - XXX Checked - JPN 25 MAY 2024928 Hornblend Street, Suite # 3
San Diego, CA 92109Fax 858-274-3223 Tel 858-274-3222 - www.NeriLa.com South Bay Palms CONCEPT PLAN745 13th Street Imperial Beach, CA 91932 LANDSCAPE IMPROVEMENT PLANS FOR L4
West Coaster Tall Fescue
Festuca arundinacea 'West Coaster' PAVING
Driveway Pavers
'Express Set' by Orco Block
Color: Dune
Concrete
Uncolored concrete with a
'sand' finish
Pygmy Date Palm
Phoenix roebelenii
Queen Palm
Syagrus romanzoffiana
Blue Flame Agave
Agave attenuata 'Blue Flame'
Little Rev Flax Lily
Dianella revoluta 'Little Rev'
Little Sur Coffeeberry
Frangula californica 'Little Sur'
Breeze Mat Rush
Lomandra longifolia 'LM300'
Purple New Zealand Flax
Phormium tenax 'Autropurpureum'
Blue Chalk Sticks
Senecio mandraliscae 'Blue Chalk Sticks' FENCING
Wood Privacy Fence
4' high in the front setback, 6' high along the driveway Decorative Wrought Iron Fence
4' high in the front setback, 6' high along the alley

CITY OF IMPERIAL BEACH

DESIGN REVIEW BOARD

REGULAR MEETING MINUTES
April 18, 2024 4:00 p.m.

Council Chambers
825 Imperial Beach Boulevard
Imperial Beach, CA 91932
Members Present: Member Lance Rogers, Member Chelsea Grace, Member Ilia Voronchihin, Vice Chair Miguel Beltran, Chair Karl Bradley
Members Absent: None
Staff Present: City Clerk Jacqueline Kelly, City Planner and Management Associate Ayala, Associate Planner Pua

1. CALL TO ORDER
Chair Bradley called the meeting to order at 4:01 p.m.

2. ROLL CALL
City Clerk Kelly took roll.

3. PUBLIC COMMENT
None.

4. BUSINESS ITEMS

4.a APPROVAL OF THE REGULAR MEETING MINUTES OF DECEMBER 21, 2023 AND THE REGULAR MEETING MINUTES OF JANUARY 18, 2024.

Motion by Chair Bradley
Seconded by Member Voronchihin
To approve the Regular Meeting Minutes of December 21, 2023 and the Regular Meeting Minutes of January 18, 2024.

AYES (5): Chair Bradley, Vice Chair Beltran, Member Rogers, Member Grace and Member Voronchihin
NOES (0):

Motion Carried (5 to 0)
ATTACHMENT 3

4.b HERITAGE INN 2 OF IMPERIAL BEACH LLC (APPLICANT); CONSTRUCTION OF A NEW FOUR-STORY MIXED-USE BUILDING CONSISTING OF AN 83- GUESTROOM HOTEL AND 3,100 SQUARE FOOT GROUND-FLOOR
COMMERCIAL SPACE AT 701-707 PAL AVENUE (APN 626-250-02-00) USE24-0001. MF 1590.

A corrected staff report was provided as Last Minute Agenda Information.

City Planner and Management Associate Ayala gave a Power Point presentation and introduced Colton Sudberry and Estean Lenyoun with Sudberry Properties, Don Cape with Tharaldson Hospitality, Kastis Cechavicius with DesignCell Architecture, and Dr. Parmela Sawhney.

Member Rogers stated that he supports new businesses coming to Imperial Beach but has concerns about inadequate parking. In response to his questions, City Planner Ayala confirmed that the project is proposing 67 spaces, with 5 of those spaces being shared with the Hampton Hotel next door via a parking agreement that has yet to be executed. Member Rogers suggested that transportation demand strategies be re-evaluated. City Planner Ayala stated that indoor and outdoor bike storage with EV hookups are also being proposed to help alleviate parking demand.

In response to Chair Bradley's question, City Planner Ayala cited Imperial Beach Municipal Code §19.48.035 that allows a 25% reduction in parking for vertical mixed-use buildings.

In response to Member Grace's question, City Planner Ayala confirmed that there are no conference rooms featured as a part of the hotel. Member Grace stated that she liked the idea of another hotel in Imperial Beach and the design is consistent with the surrounding buildings. She suggested adding more greenery around the trash enclosure area and by reducing the size of the sidewalk, as well as additional lighting on the western and southern edges of the property for safety purposes.

Member Grace also suggested adding additional art to the north facing wall to make it more welcoming from that angle.

Member Voronchihin stated that he is excited about the new hotel and that it blends well with the surrounding structures. In response to Member Voronchihin's questions, City Planner Ayala confirmed that three existing curb cuts will be eliminated. The reconfiguration of the Hampton parking spots from 9 feet to 8.5 feet will allow for additional spaces. She also confirmed that there will be roof access via a stairwell.

Member Voronchihin requested demolition site plans to be brought to the committee in the future. He also suggested that the fencing on the southern residence border be improved and to replace the EIFS with regular stucco, and that the colors for the pavers be modified to contrast more. He stated that the building design is well put together and a nice, modern design.

ATTACHMENT 3

Vice Chair Beltran stated that new projects are always welcome in Imperial Beach and thanked the team for coming in. He stated that views looking outside the property, proper lighting, and the proximity of vehicular traffic to adjacent properties all need to be kept an eye on. He requested that the signage on the southern border be reduced in size and the design altered to something more fitting to Imperial Beach. Vice Chair Beltran also recommended the driveway be moved closer to the building and some landscape buffers be added to mitigate noise for the nearby properties. Alternatively, he supported Member Voronchihin's suggestion that the wooden fence be updated to something like CMU. He also supported Member Grace's suggestion of adding more canopy-like trees for shade and screening. Vice Chair Beltran also recommended that the design team look at alternative options for lighting on the South side, possibly utilizing bollards.

In response to Chair Bradley's questions, City Planner Ayala confirmed that the PBX room is where telephone equipment would be stored. The project is under the same ownership as the adjacent Hampton Hotel. EV ready parking spots will have charging available immediately, whereas EV capable spots will be stubbed for future charging use. Mr. Cechavicius also confirmed that the Wellness Center will be a new structure for the currently existing business that is residing in this space.

In response to Member Voronchihin's question, Mr. Cape stated that after they acquire the required permits, construction will begin likely on a similar timeline to the Hampton. He also stated that studies have been done on parking and they are confident that they will have sufficient parking during peak occupancy. He stated that safety is a number one priority for them, and it is reflected in their guest service scores. In regard to EIFS, they prefer to use it as it is better quality long term than stucco and does not crack as quickly.

Mr. Kevin Criswell, a resident of one of the adjacent homes to this project, expressed concerns regarding having parking access via the alley that they share, as well as an increase in traffic and decrease in street parking for residents. He stated that he likes the aesthetic and look of the project. In response to Member Rogers's question, Mr. Criswell stated that occasionally he does see people park on the street and walk into the shopping center.

CITY PLANNER AYALA SUMMARIZED THE RECOMMENDATIONS AS
FOLLOWS:
• LOOK AT PROVIDING TRANSPORTATION DEMAND MANAGEMENT

STRATEGIES IN ADDITION TO BIKE PARKING
• CONSIDER ADDING MORE GREENERY ALONG THE NORTHERN

ELEVATION AND BRINGING IN THE SIDEWALK ALONG NORTH PALM AVE
• ADDITIONAL LIGHTING AT THE CORNER OF 7

TH & PALM AS WELL AS

THE WALKWAY FROM HILTON TO THE SHOPPING CENTER
ATTACHMENT 3

• PROVIDE A GREEN WALL, VINES OR MURAL ON THE NORTHERN

SIDE AS WELL AS A GREEN SCREEN AROUND THE TRASH

ENCLOSURE
• PROVIDE A SEPARATE DEMOLITION SITE PLAN
• IMPROVE THE AREA ALONG THE SOUTHERN PROPERTY LINE TO

PROVIDE PRIVACY FOR THE RESIDENTS
• CONSIDER DARKENING ONE OF THE PAVER COLORS TO CREATE

MORE CONTRAST
• REDUCE SIZE OF THE MONUMENT SIGN ON THE SOUTH SIDE AS

WELL AS INCORPORATING A MORE LOCAL DESIGN
• INCORPORATING STONE VENEER INTO THE SIGNAGE AND ADDING

LANDSCAPING TO SOFTEN THE PRESENCE OF THE SIGN
• MOVE THE DRIVEWAY TO ALLOW FOR A 3 FOOT LANDSCAPE

BUFFER ALONG THE SOUTHERN PROPERTY LINE
• REPLACE EXISTING WOODEN FENCE ALONG SOUTHERN

PROPERTY LINE
• PLANT ADDITIONAL TREES & FOLIAGE ON THE SOUTH SIDE TO

MITIGATE ANY VIEWS FROM THE HIGHER FLOORS TO THE

NEIGHBORING PROPERTIES
• REPLACE PALM TREES WITH CANOPY TREES, SUCH AS

SWEETSHADE OR BRISBANE BOX TREES
• ADDING BOLLARDS OR MORE PEDESTRIAN SCALE LIGHTING
INSTEAD OF 10 FT LIGHTING ALONG THE SOUTHERN SIDE
• PROVIDE AN UPDATED SIGNAGE PLAN FOR THE MONUMENT SIGN Motion by Member Grace
Seconded by Member Voronchihin
AYES (5): Chair Bradley, Vice Chair Beltran, Member Voronchihin, Member Grace, Member Rogers
NOES (0):

Motion Carried (5 to 0)

4.c TIM P. JONES (APPLICANT); CONSTRUCTION OF ONE NEW THREE-STORY

FOUR-PLEX RESIDENTIAL TOWNHOME BUILDING, EACH UNIT IS
PROVIDED WITH A TWO-CAR GARAGE AT 74513TH STREET (APN 627-011- 05-00) USE-22-0119 MF 1493
Member Rogers recused himself from participating on the item due to conflict of interest and left the Council Chambers at 5:18 p.m.

ATTACHMENT 3

Associate Planner Pua gave a Power Point presentation and introduced the project architect, Tim Jones.

A written comment complaining about the appearance of the project was submitted by Sandy Brillhart.

In response to Member Grace's question, Mr. Jones stated that the planters along the Southern border fence will be protected with a 6-inch concrete curb. Member Grace recommended something sturdier and more durable to protect the residents to the South. Member Grace stated that she does not think the overall design is modern and does not fit the area.

Member Voronchihin stated that it is nice to have additional housing in Imperial Beach due to the current housing shortage. In response to his questions, Mr. Jones stated that there is no vehicular access from 13th Street. He confirmed that the current residence in this location would be demolished. The RCP blocks in the site plan are not perfect renderings of what will be used. Member Voronchihin suggested that if they are used, to try to match their color to that of the building.

Member Voronchihin expressed concerns with site line views and privacy along the South side. He also recommended sealing the wooden fence or changing the material for durability, as well as extending the stone on the building around the corner and varying the stucco colors for more contrast, or even changing the material to a cementitious material with vertical or horizontal pattern. Additionally, he recommended terracotta tile for the roof.

Vice Chair Beltran thanked the presenters for bringing the option for additional housing to Imperial Beach. He stated that while the layout of the building is functional, the overall aesthetic is aged. He stated that the stucco colors are monotone, and choice of stone does not fit with Imperial Beach style architecture, and recommended using recent projects as a precedence for modern design decisions.

Vice Chair Beltran also recommended modifying the wooden fence to protect the neighboring residents, with options such as a partial CMU wall. Additional vertical screening would also benefit neighboring residents. He also recommended additional lighting in the East alley and setting the fencing back to provide a better visual.

Chair Bradley agreed with the other members of the Board regarding the color scheme and materials. In response to his questions, Mr. Pua explained that the landscaping calculations have been met with the open space and front yard landscaping according to the R-1500 development standards. There is 24 feet of backup space between the garages and fence line to allow cars to enter the garage.

ATTACHMENT 3

ATTACHMENT 3

ATTACHMENT 4
2 Motion by Member Grace
Seconded by Vice Chair Beltran
To take Item No. 4.c before Item No. 4.b.

AYES (3): Vice Chair Beltran, Member Grace, and Member Voronchihin ABSENT (2): Chair Bradley, and Member Rogers
Motion Carried (3 to 0)

4.c TIM P. JONES (APPLICANT); CONSTRUCTION OF ONE NEW THREE-STORY

FOUR-PLEX RESIDENTIAL TOWNHOME BUILDING, EACH UNIT IS
PROVIDED WITH A TWO-CAR GARAGE AT 745 13TH STREET (APN 627-011- 05-00) USE-22-0119 MF 1493
Associate Planner Pua gave a PowerPoint presentation on the item No public comments.

Rodrigo Leal, owner, and Tim Jones, applicant/architect, were available for questions.

Member Grace thanked the applicant for taking every one of the DRB's comments into consideration. She said the project looks much nicer with the taller trees in the front yard and on the side of the property. She also liked the different materials and roofline.

Member Voronchihin expressed appreciation for the applicant making revisions and following the DRB's previous recommendations, even though it increased their budget. He said the project looks great, with nice floor plans and elevations. He made the following minor recommendations: Use a roof color with a higher Solar Reflectance Index (SRI) for solar reflectivity; and on the south side of the property where there are palm trees, he suggested planting shade trees with a bigger canopy to offer better screening from the neighbors.

Regarding the trees, Rodrigo Leal explained that they were concerned with the trees growing too wide and encroaching on to the neighboring property since the project is right up against the property line. He further stated that they looked at newer projects in Imperial Beach and incorporated similar landscaping elements.

Member Voronchihin also recommended that on the North elevation, to borrow some design elements from the south façade, like the metal guardrail, and incorporating that onto the third-floor balcony. He believed this would help tie the whole elevation together and unify the overall design. Regarding the material board, he questioned the use of colors and textures.

Rodrigo Leal responded the goal with the color scheme is to emphasize a beach/wave crashing theme. He also said that the stucco and siding are currently

ATTACHMENT 4
3 two separate colors, but they are open to making them the same color if the DRB prefers, as it wouldn't significantly impact the cost.

Member Voronchin recommended keeping the stucco and siding colors the same, rather than having them be slightly different shades. He further explained that when placed side-by-side, that the different textures of stucco and siding will already create some visual distinction, even if the colors are unified.

Member Beltran concurred with Member Voronchihin's recommendation on installing wrought iron to finish off the design. He also agreed with Member Voronchihin's suggestion about exterior colors.

Associate Planner Pua summarized the DRB's recommendations as follows:
 Consider a higher SRI roof color
 Consider incorporating elements from the south facade to the third-floor balcony, such as a metal guardrail
 Consider keeping the siding and stucco the same color  Install bollards on the south property line for increased safety to the south property
Motion by Member Grace
Seconded by Member Voronchihin
To approve the project’s design to the City Council with the recommendations as summarized by staff.

AYES (3): Vice Chair Beltran, Member Grace, and Member Voronchihin ABSENT (2): Chair Bradley, and Member Rogers
Motion Carried (3 to 0)
Vice Chair Beltran called a recess at 4:30 p.m. and called the meeting back to order at 4:35 p.m. with Chair Bradley and Member Rogers absent.

Motion by Member Voronchihin
Seconded by Member Grace
To postpone Item No. 4.b. to a future meeting since the applicant was not in attendance.

AYES (3): Vice Chair Beltran, Member Grace, and Member Voronchihin ABSENT (2): Chair Bradley, and Member Rogers
Motion Carried (3 to 0)

ATTACHMENT 5

WM ELEC VAULT
EPB
CATV
X
/// 13TH STREET ALLEY
w RP
RP
ATION
2 - 6" RISERS
1 - 11" TREAD
UNIT 1
32 GAL BLUE CART
2-CAR
GARAGE

STACKED
WASHER
DRYER
16' x 7' O.H. DOOR UP 14-R
ENTRY
3068
LINE OF 2nd FLOOR CANTILEVER

ADA LANDING
16' x 7' O.H. DOOR
(ACCESSIBLE)
16' x 7' O.H. DOOR
LINE OF 2nd FLOOR CANTILEVER
16' x 7' O.H. DOOR
UNIT 2
2-CAR
GARAGE
UNIT 3
2-CAR
GARAGE
ENTRY 3068 3068
UNIT 4
2-CAR
GARAGE UP 18-R 3068
ENTRY 3068
ENTRY
LINE OF 2nd FLOOR CANTILEVER
50-GAL HYBRID

HEAT-PUMP W/H
50-GAL HYBRID

HEAT-PUMP W/H
50-GAL HYBRID
HEAT-PUMP W/H UP 16-R
(19' x 19' INSIDE) (19' x 19' INSIDE)
(19' x 19' INSIDE) (19' x 19' INSIDE)
(FF 29.88) (FF 29.38)
(FF 27.88)
(FF 28.38)
(FF 29.38) 3068 3068

LEVEL LEVEL
50-GAL HYBRID
HEAT-PUMP W/H F.O.S. F.O.S.

VERTICAL
LIFT LEVEL LEVEL UP 16-R (FF 28.88)
32 GAL BLACK CART
32 GAL GREEN CART
(FF 28.38) 3068 LEVEL LEVEL
(FF 27.88) LEVEL LEVEL
32 GAL BLUE CART

STACKED
WASHER
DRYER
32 GAL BLACK CART
32 GAL GREEN CART
32 GAL BLUE CART

STACKED
WASHER
DRYER
32 GAL BLACK CART
32 GAL GREEN CART
32 GAL BLUE CART

STACKED
WASHER
DRYER
32 GAL BLACK CART
32 GAL GREEN CART
MINI

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LINE OF 2nd FLOOR CANTILEVER MINI
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MINI
SPLIT

WM ELEC VAULT

EPB CATV
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/// 13TH STREET ALLEY
w RP
RP
ATION
2 - 6" RISERS 1 - 11" TREAD UNIT 1
32 GAL BLUE CART
2-CAR GARAGE

STACKED WASHER DRYER
16' x 7' O.H. DOOR UP 14-R ENTRY
3068
LINE OF 2nd FLOOR CANTILEVER

ADA LANDING
16' x 7' O.H. DOOR
(ACCESSIBLE)
16' x 7' O.H. DOOR
LINE OF 2nd FLOOR CANTILEVER
16' x 7' O.H. DOOR UNIT 2
2-CAR GARAGE UNIT 3
2-CAR GARAGE
ENTRY 3068 3068
UNIT 4
2-CAR GARAGE UP 18-R 3068
ENTRY 3068 ENTRY
LINE OF 2nd FLOOR CANTILEVER
50-GAL HYBRID

HEAT-PUMP W/H
50-GAL HYBRID

HEAT-PUMP W/H
50-GAL HYBRID
HEAT-PUMP W/H UP 16-R
(19' x 19' INSIDE)
(19' x 19' INSIDE)
(19' x 19' INSIDE)
(19' x 19' INSIDE)
(FF 29.88)
(FF 29.38) (FF 27.88)
(FF 28.38)
(FF 29.38) 3068 3068

LEVEL LEVEL
50-GAL HYBRID
HEAT-PUMP W/H F.O.S. F.O.S.

VERTICAL
LIFT LEVEL LEVEL UP 16-R (FF 28.88)
32 GAL BLACK CART
32 GAL GREEN CART
(FF 28.38) 3068 LEVEL LEVEL
(FF 27.88) LEVEL LEVEL
32 GAL BLUE CART

STACKED WASHER DRYER
32 GAL BLACK CART
32 GAL GREEN CART
32 GAL BLUE CART

STACKED WASHER DRYER
32 GAL BLACK CART
32 GAL GREEN CART
32 GAL BLUE CART

STACKED WASHER DRYER
32 GAL BLACK CART
32 GAL GREEN CART

MINI SPLIT MINI SPLIT
LINE OF 2nd FLOOR CANTILEVER MINI SPLIT MINI SPLIT All plans, designs and ideas shown on this drawing are the property of Neri Landscape Architecture and shall not be used, disclosed or reproduced by any person, firm or corporation for any purpose without written consent from Neri Landscape Architecture Project No. - XX Drawn - XXX Checked - JPN 25 MAY 2024928 Hornblend Street, Suite # 3
San Diego, CA 92109Fax 858-274-3223 Tel 858-274-3222 - www.NeriLa.com South Bay Palms CONCEPT PLAN745 13th Street Imperial Beach, CA 91932 LANDSCAPE IMPROVEMENT PLANS FOR CONCEPT LANDSCAPE PLAN L-1

HARDSCAPE LEGEND

HARDSCAPE PAVING 'A'
Impermeable pedestrian paving such as:
· Uncolored concrete paving with enhanced finish
· Integral colored paving with enhanced finish
LANDSCAPE KEY NOTES:

A PROPERTY LINE - TYPICAL SYMBOL
DECORATIVE FENCE. 12" SQUARE X
4' HIGH PILASTERS WITH 4' HIGH

WROUGHT IRON FENCE BETWEEN
4' HIGH WROUGHT IRON GATE
6' HIGH SOLID WOOD FENCE
4' HIGH SOLID WOOD FENCE IN

FRONT YARD EASEMENT

NOT USED

EXISTING WATER SERVICE TO BE

CONVERTED TO IRRIGATION SERVICE

NEW DOMESTIC WATER SERVICE PER

CIVIL PLANS

MAINTENANCE

ALL REQUIRED LANDSCAPE AREAS SHALL BE MAINTAINED BY
THE OWNER. LANDSCAPE & IRRIGATION AREAS IN THE
PUBLIC ROW SHALL BE MAINTAINED BY THE OWNER.

THE LANDSCAPE AREAS SHALL BE MAINTAINED FREE OF

DEBRIS AND LITTER AND ALL PLANT MATERIAL SHALL BE
MAINTAINED IN A HEALTHY GROWING CONDITION. DISEASED

OR DEAD PLANT MATERIAL SHALL BE SATISFACTORILY

TREATED OR REPLACED PER THE CONDITIONS OF THE
PERMIT.

1. THE LANDSCAPE PLAN IS FOR GENERAL SITE REFERENCE ONLY. REFER

TO OTHER CONSTRUCTION DOCUMENTS FOR COMPLETE SCOPE OF
WORK.

2. BEFORE COMMENCING ANY SITE EXCAVATION, VERIFY LOCATIONS OF

ALL EXISTING SITE UTILITIES, INCLUDING WATER SEWER, GAS, AND ELECTRICAL LINES. FLAG OR OTHERWISE MARK ALL LOCATIONS AND INDICATE UTILITY TYPE.

3. GRADE SITE TO DIRECT GROUND WATER AWAY FROM BUILDING AND NEW ADDITIONS. LANDSCAPE DRAINS SHALL BE INSTALLED AT LOW POINTS TO REDUCE RUNOFF CROSSING PATHS AND PAVING.

4. LOCATE REFUSE BIN AT APPROVED ON-SITE LOCATION. CONTRACTOR SHALL DISPOSE OF ALL SITE REFUSE AT CITY-APPROVED LOCATIONS.

5. ALL REQUIRED PLANTING AREAS SHALL BE COVERED WITH MULCH TO A MINIMUM DEPTH OF 3 INCHES, EXCLUDING SLOPES REQUIRING
RE-VEGETATION AND AREAS TO BE PLANTED WITH GROUND COVER. ALL

EXPOSED SOIL AREAS WITHOUT VEGETATION SHALL ALSO BE MULCHED TO THIS MINIMUM DEPTH.

6. ALL REQUIRED TREES SHALL HAVE AT LEAST ONE WELL DEFINED TRUNK

AND SHALL NORMALLY ATTAIN A MATURE HEIGHT AND SPREAD OF AT LEAST 15 FEET. NO TREES WITH CO-DOMINATE LEADERS SHALL BE ACCEPTED.

7. PROPOSED LANDSCAPING SHALL NOT CONFLICT WITH EXISTING UTILITIES.

8. PROPOSED UTILITIES SHALL NOT CONFLICT WITH PROPOSED
LANDSCAPING.

9. ANY TREE WITHIN 10' OF PAVING, FOOTING, BUILDING, OR ANDY OTHER

HARDSCAPE WITHIN THE PUBLIC RIGHT-OF-WAY SHALL HAVE ROOT BARRIER INSTALLED AT A MINIMUM OF 18" IN DEPTH, AND 20' IN LENGTH, CENTERED ON CENTERLINE OF TREE TRUNK (10' TO EACH SIDE).

10. ALL LANDSCAPE AND IRRIGATION SHALL CONFORM TO THE CITY OF

IMPERIAL BEACH LANDSCAPE STANDARDS AND ALL OTHER CITY AND REGIONAL STANDARDS.

GENERAL NOTES:

B
C
D
E

THE LANDSCAPE ENVISIONED FOR THIS MULTI-FAMILY RESIDENTIAL BUILDING

IS TO CREATE A SPACE WHERE THE RESIDENTS CAN ENJOY AN ENCLOSED OUTDOOR AREA FOR RECREATING OR RELAXING. SHADE TREES HAVE BEEN PROVIDED AT THE EDGES OF AN OPEN TURF AREA. THE TURF AREA IS A GREEN OASIS THAT CAN BE USED FOR ACTIVE OR PASSIVE USES. THE

DRIVEWAY IS LINED WITH SIGNATURE PALMS THAT DEFINE THE SPACE WHILE ADDING SCREENING BETWEEN PROPERTIES. THE SOFT GRASS PLANTS

PROVIDE MOVEMENT WHICH CONTRASTS TO THE STRUCTURAL FORM OF THE AGAVE. THE GRASSES SPEAK TO THE NATURE OF THE COAST WHILE THE STRONG FORM SPEAKS TO A MODERN DESIGN. ALL PLANTS HAVE BEEN SELECTED FOR THEIR WATER EFFICIENCY & MAINTAINABILITY. ALL LANDSCAPE WILL BE MAINTAINED BY THE OWNER.

LANDSCAPE CONCEPT DESIGN STATEMENT

HARDSCAPE PAVING 'B'
Impermeable vehicular paving such as:
· Uncolored concrete paving with enhanced finish
· Integral colored paving with enhanced finish

HARDSCAPE PAVING 'C'
Impermeable pedestrian paving such as:
· Concrete pavers
TOTAL FRONT YARD SETBACK: 750 SF
LANDSCAPED AREA (50% REQ'D): 375 SF
LANDSCAPE AREA PROVIDED: 592 SF (79%)
OPEN SPACE TABULATION:

REQUIRED
4 UNITS X 300 SF/ UNIT: 1,200 SF

PROVIDED
PRIVATE BALCONIES: 288 SF
4 UNITS X 72 SF
GRADE LEVEL OPEN SPACE: 916 SF
60% REQ'D: 720 SF
TOTAL 1,204 SF

SEE ARCH
PLANS
SYMBOL
A
B
E
C
F
D
D
D
OPEN SPACE MAP:

FRONT YARD LANDSCAPE SUMMARY
(RESIDENTIAL):

G
H
G
H
0 2 4 8
15'
B D

SYMBOL CODE BOTANICAL NAME COMMON NAME SIZE WUCOLS QTY
TREES
ARB MRN Arbutus x `Marina` Marina Strawberry Tree Standard 24"box LOW 1 PHO MUL Phoenix roebelenii Pygmy Date Palm Multi-Trunk 5 gal MODERATE 1 SYA QU2 Syagrus romanzoffiana Queen Palm 10` BTH MODERATE 6 SHRUBS
AGA TAF Agave attenuata 'Blue Flame' Blue Flame Agave 5 gal LOW 3 DIA UEY Dianella revoluta 'Little Rev' Little Rev Flax Lily 1 gal LOW 36 DIA VAR Dianella tasmanica 'Variegata' Variegated Flax Lily 5 gal MODERATE 10 FRA RSR Frangula californica `Little Sur` Little Sur Coffeeberry 5 gal VERY LOW 7 LOM BRE Lomandra longifolia 'LM300' Breeze™ Mat Rush 5 gal LOW 27 PHO ATR Phormium tenax 'Atropurpureum' Purple New Zealand Flax 5 gal LOW 11

SYMBOL CODE BOTANICAL NAME COMMON NAME CONT WUCOLS SPACING QTY

GROUND COVERS
FES FUX Festuca arundinacea `West Coaster` West Coaster Tall Fescue sod HIGH 434 sf SEN BLU Senecio mandraliscae 'Blue Chalk Sticks' Senecio flat LOW 8" o.c. 170 sf

PLANT SCHEDULE SITE
5'
15'

WM ELEC VAULT
EPB
CATV
X
/// 13TH STREET ALLEY
w RP
RP
ATION
2 - 6" RISERS
1 - 11" TREAD
UNIT 1
32 GAL BLUE CART
2-CAR
GARAGE

STACKED
WASHER
DRYER
16' x 7' O.H. DOOR UP 14-R
ENTRY
3068
LINE OF 2nd FLOOR CANTILEVER

ADA LANDING
16' x 7' O.H. DOOR
(ACCESSIBLE)
16' x 7' O.H. DOOR
LINE OF 2nd FLOOR CANTILEVER
16' x 7' O.H. DOOR
UNIT 2
2-CAR
GARAGE
UNIT 3
2-CAR
GARAGE
ENTRY 3068 3068
UNIT 4
2-CAR
GARAGE UP 18-R 3068
ENTRY 3068
ENTRY
LINE OF 2nd FLOOR CANTILEVER
50-GAL HYBRID

HEAT-PUMP W/H
50-GAL HYBRID

HEAT-PUMP W/H
50-GAL HYBRID
HEAT-PUMP W/H UP 16-R
(19' x 19' INSIDE) (19' x 19' INSIDE)
(19' x 19' INSIDE) (19' x 19' INSIDE)
(FF 29.88) (FF 29.38)
(FF 27.88)
(FF 28.38)
(FF 29.38) 3068 3068

LEVEL LEVEL
50-GAL HYBRID
HEAT-PUMP W/H F.O.S. F.O.S.

VERTICAL
LIFT LEVEL LEVEL UP 16-R (FF 28.88)
32 GAL BLACK CART
32 GAL GREEN CART
(FF 28.38) 3068 LEVEL LEVEL
(FF 27.88) LEVEL LEVEL
32 GAL BLUE CART

STACKED
WASHER
DRYER
32 GAL BLACK CART
32 GAL GREEN CART
32 GAL BLUE CART

STACKED
WASHER
DRYER
32 GAL BLACK CART
32 GAL GREEN CART
32 GAL BLUE CART

STACKED
WASHER
DRYER
32 GAL BLACK CART
32 GAL GREEN CART
MINI

SPLIT MINI
SPLIT
LINE OF 2nd FLOOR CANTILEVER MINI
SPLIT
MINI
SPLIT All plans, designs and ideas shown on this drawing are the property of Neri Landscape Architecture and shall not be used, disclosed or reproduced by any person, firm or corporation for any purpose without written consent from Neri Landscape Architecture Project No. - XX Drawn - XXX Checked - JPN 25 MAY 2024928 Hornblend Street, Suite # 3
San Diego, CA 92109Fax 858-274-3223 Tel 858-274-3222 - www.NeriLa.com South Bay Palms CONCEPT PLAN745 13th Street Imperial Beach, CA 91932 LANDSCAPE IMPROVEMENT PLANS FOR CONCEPT LANDSCAPE WATER USE L-2

1. ALL PLANTING AREAS SHALL BE IRRIGATED BY A DEDICATED,

BACKFLOW-PREVENTED IRRIGATION SYSTEM ACCORDING TO PLANT TYPE AND

ENVIRONMENTAL EXPOSURE AND SHALL RECEIVE UNIFORM WATER COVERAGE

BY MEANS OF A HIGH EFFICIENCY, AUTOMATICALLY CONTROLLED, ELECTRICALLY ACTUATED, UNDERGROUND PIPED SPRINKLER SYSTEM. THE IRRIGATION DESIGN

SHALL BE DESIGNED TO CONFORM TO THE HYDROZONES OF THE PLANTS

SPECIFIED, PREVENT RUNOFF, OVERSPRAY, AND USE LOW VOLUME IRRIGATION SYSTEM. IRRIGATION MAINLINE PIPING SHALL BE PVC PLASTIC (TYPE 1120) CLASS 315 PRESSURE PIPE, AND LATERAL LINE PIPING SHALL BE SCHEDULE 40 NON-PRESSURE PIPE. PRESSURE LINES SHALL BE INSTALLED 18" DEEP, AND NON-PRESSURE LINES 12" DEEP. A MASTER VALVE AND FLOW SENSOR SHALL BE

INSTALLED TO MINIMIZE DAMAGE IN THE CASE OF A VALVE FAILURE OR MAINLINE BREAK.

2. ALL PROPOSED IRRIGATION SYSTEMS WILL USE AN APPROVED RAIN SENSOR SHUTOFF DEVICE.

3. INSTALL 3" DEEP MIN. LAYER OF ORGANIC MULCH IN ALL PLANTING BEDS

EXCLUDING AREAS WITH GROUND COVER PLANTING
IRRIGATION CONCEPT:

IRRIGATION CONSERVATION
COMPLIANCE STATEMENT:

I AM FAMILIAR WITH THE REQUIREMENTS FOR LANDSCAPE AND
IRRIGATION PLANS CONTAINED IN THE CITY OF IMPERIAL BEACH’S WATER EFFICIENT LANDSCAPE REGULATIONS. I HAVE PREPARED THIS

PLAN IN COMPLIANCE WITH THOSE REGULATIONS AND THE
LANDSCAPE DESIGN MANUAL. I CERTIFY THAT THE PLAN IMPLEMENTS

THOSE REGULATIONS TO PROVIDE EFFICIENT USE OF WATER

I AGREE TO COMPLY WITH THE REQUIREMENTS OF THE WATER

EFFICIENT LANDSCAPE ORDINANCE AND SUBMIT A COMPLETE

LANDSCAPE DOCUMENTATION PACKAGE
IRRIGATION GENERAL NOTES:

1. PRESSURE REGULATING DEVICES ARE REQUIRED IF WATER

PRESSURE IS BELOW OR EXCEEDS THE RECOMMENDED

PRESSURE OF THE SPECIFIED IRRIGATION DEVICES

2. CHECK VALVES OR ANTI-DRAIN VALVES ARE REQUIRED ON ALL

SPRINKLER HEADS WHERE LOW POINT DRAINAGE COULD OCCUR

3. IRRIGATION SYSTEM IS DESIGNED TO PREVENT RUNOFF, LOW

HEAD DRAINAGE, OVERSPRAY , OR OTHER SIMILAR CONDITIONS

WHERE IRRIGATION WATER FLOWS ONTO NON-TARGETED AREAS

4. AUTOMATIC IRRIGATION CONTROLLER SHALL BE ET-BASED OR

SOIL MOISTURE BASED

5. SENSORS TO SHUT OFF IRRIGATION DURING UNFAVORABLE

WEATHER CONDITIONS SHALL BE INCORPORATED INTO THE

IRRIGAITON CONTROLLER

6. THE MANUAL SHUT OFF VALVE SHALL BE LOCATED AS CLOSE AS

POSSIBLE TO THE POINT OF CONNECTION

7. THE SYSTEM SHALL CONTAIN A MASTER VALVE AND FLOW
SENSOR
IRRIGATION ADDITIONAL SUBMITTALS:

1. CERTIFICATE OF COMPLETION

2. COMPLETED IRRIGATION AUDIT AND DOCUMENTS VERIFYING THAT

RECOMMENDED REPAIRS WERE COMPLETED

3. LANDSCAPE WASTE DIVERSION REPORT

4. AS-BUILTS OR RECORD DRAWINGS, IF CHANGES WERE MADE TO

APPROVED LANDSCAPE DOCUMENTS

5. SOIL MANAGEMENT REPORT IF NOT SUBMITTED PREVIOUSLY AND

PROVIDE DOCUMENTS THAT SOIL ANALYSIS RECOMMENDATIONS

WERE USED TO AMEND THE PLANTING SOIL, SUCH AS DELIVERY

TAGS AND RECEIPTS FOR COMPOST AND MULCH

6. FOR PROJECTS 500 TO 2,500 SF COMPLYING WITH APPENDIX D A

LANDSCAPE DESIGN PLAN IS REQUIRED

MWELO LANDSCAPE DOCUMENTATION PACKAGE

THE LANDSCAPE DOCUMENT PACKAGE SHALL INCLUDE THE FOLLOWING SIX ELEMENTS:

1. PROJECT INFORMATION

1.A. DATE: SEE TITLEBLOCK

1.B. PROJECT APPLICANT: SEE TITLE SHEET

1.C. PROJECT ADDRESS (IF AVAILABLE, PARCEL/ LOT NUMBERS): SEE ARCH PLANS

1.D. TOTAL LANDSCAPE AREA (SF): SEE WATER USE CALCULATION SHEET

1.E. PROJECT TYPE (NEW, REHABILITATED, PUBLIC, PRIVATE, CEMETERY, ETC.): NEW

1.E.A. WATER SUPPLY TYPE: POTABLE

1.E.B. WATER PURVEYOR: CALIFORNIA AMERICAN WATER

1.F. CHECKLIST OF ALL DOCUMENTS IN THE LANDSCAPE DOCUMENTATION PACKAGE:

THIS LIST

1.G. PROJECT CONTACTS TO INCLUDE CONTACT INFORMATION FOR THE PROJECT APPLICANT AND PROPERTY OWNER: SEE TITLE SHEET

1.H. APPLICANT (REPRESENTATIVE'S) SIGNATURE AND DATE WITH COMPLIANCE STATEMENT: SEE THIS SHEET

2. WATER EFFICIENT LANDSCAPE WORKSHEET: SEE THIS SHEET

2.A. HYDROZONE INFORMATION TABLE

2.B. WATER BUDGET CALCULATIONS

2.B.A. MAXIMUM APPLIED WATER ALLOWANCE (MAWA)

2.B.B. ESTIMATED TOTAL WATER USE (ETWU)

3. SOIL MANAGEMENT REPORT: SEE GEOTECHNICAL REPORT

4. LANDSCAPE DESIGN PLAN: SEE ATTACHED

5. IRRIGATION DESIGN PLAN: SEE HYDROZONE PLAN

6. GRADING DESIGN PLAN: SEE CIVIL PLANS

I AGREE TO COMPLY WITH THE REQUIREMENTS OF THE WATER

EFFICIENT LANDSCAPE ORDINANCE AND SUBMIT A COMPLETE

LANDSCAPE DOCUMENTATION PACKAGE
JAMES P. NERI

NERI LANDSCAPE ARCHITECTURE
LICENSED LANDSCAPE ARCHITECT, RLA#3321
JAMES P. NERI

NERI LANDSCAPE ARCHITECTURE
LICENSED LANDSCAPE ARCHITECT, RLA#3321
0 2 4 8
1 1
1 SLA
2 2
2 2
2 2
2 1 1 1
1 1
2

WM ELEC VAULT
EPB
CATV
X
/// 13TH STREET ALLEY
w RP
RP
ATION
2 - 6" RISERS
1 - 11" TREAD
UNIT 1
32 GAL BLUE CART
2-CAR
GARAGE

STACKED
WASHER
DRYER
16' x 7' O.H. DOOR UP 14-R
ENTRY
3068
LINE OF 2nd FLOOR CANTILEVER

ADA LANDING
16' x 7' O.H. DOOR
(ACCESSIBLE)
16' x 7' O.H. DOOR
LINE OF 2nd FLOOR CANTILEVER
16' x 7' O.H. DOOR
UNIT 2
2-CAR
GARAGE
UNIT 3
2-CAR
GARAGE
ENTRY 3068 3068
UNIT 4
2-CAR
GARAGE UP 18-R 3068
ENTRY 3068
ENTRY
LINE OF 2nd FLOOR CANTILEVER
50-GAL HYBRID

HEAT-PUMP W/H
50-GAL HYBRID

HEAT-PUMP W/H
50-GAL HYBRID
HEAT-PUMP W/H UP 16-R
(19' x 19' INSIDE) (19' x 19' INSIDE)
(19' x 19' INSIDE) (19' x 19' INSIDE)
(FF 29.88) (FF 29.38)
(FF 27.88)
(FF 28.38)
(FF 29.38) 3068 3068

LEVEL LEVEL
50-GAL HYBRID
HEAT-PUMP W/H F.O.S. F.O.S.

VERTICAL
LIFT LEVEL LEVEL UP 16-R (FF 28.88)
32 GAL BLACK CART
32 GAL GREEN CART
(FF 28.38) 3068 LEVEL LEVEL
(FF 27.88) LEVEL LEVEL
32 GAL BLUE CART

STACKED
WASHER
DRYER
32 GAL BLACK CART
32 GAL GREEN CART
32 GAL BLUE CART

STACKED
WASHER
DRYER
32 GAL BLACK CART
32 GAL GREEN CART
32 GAL BLUE CART

STACKED
WASHER
DRYER
32 GAL BLACK CART
32 GAL GREEN CART
MINI

SPLIT MINI
SPLIT
LINE OF 2nd FLOOR CANTILEVER MINI
SPLIT
MINI
SPLIT All plans, designs and ideas shown on this drawing are the property of Neri Landscape Architecture and shall not be used, disclosed or reproduced by any person, firm or corporation for any purpose without written consent from Neri Landscape Architecture Project No. - XX Drawn - XXX Checked - JPN 25 MAY 2024928 Hornblend Street, Suite # 3
San Diego, CA 92109Fax 858-274-3223 Tel 858-274-3222 - www.NeriLa.com South Bay Palms CONCEPT PLAN745 13th Street Imperial Beach, CA 91932 LANDSCAPE IMPROVEMENT PLANS FOR CONCEPT LIGHTING PLAN L-3

GENERAL LIGHTING NOTES

1. CONTRACTOR SHALL SUPPLY AND INSTALL A LOW VOLTAGE (12v) LANDSCAPE LIGHTING SYSTEM WHICH

INCLUDES THE FIXTURES SPECIFIED ON THE LIGHTING EQUIPMENT SCHEDULE, LOW VOLTAGE

TRANSFORMERS, DIRECT BURIAL CABLE AND ALL NECESSARY COMPONENTS AND ACCESSORIES REQUIRED TO COMPLETE THE LAYOUT AS SHOWN ON THE LIGHTING LAYOUT PLAN.

2. THIS LAYOUT IS DIAGRAMMATIC AND IS INTENDED TO SHOW GENERAL FIXTURE LOCATIONS AND UTILITIES.

LINE VOLTAGE (120v) IS NOT A PART OF THIS PLAN BUT SHALL BE INSTALLED BY A LICENSED ELECTRICIAN AS

REQUIRED TO PROVIDE THE NECESSARY POWER TO THE TRANSFORMERS SHOWN FROM A MASTER CONTROL SYSTEM.

3. ALL WORK SHALL COMPLY WITH THE UNIFORM BUILDING CODE, CALIFORNIA ELECTRICAL CODE TITLE 8, AND ALL LOCAL CODES AND ORDINANCES. CONTRACTOR SHALL POSSESS ALL NECESSARY LICENSES TO

COMPLETE DESCRIBED WORK AND SHALL CARRY GENERAL LIABILITY AND WORKER'S COMPENSATION INSURANCE. CONTRACTOR SHALL OBTAIN ALL NECESSARY PERMITS TO COMPLETE THE WORK DESCRIBED.

4. CONTRACTOR SHALL VERIFY SITE MEASUREMENTS, GRADES, EXISTING CHASE LINE SLEEVES, EXISTING PLANT LOCATIONS AND EXISTING UTILITIES, EQUIPMENT AND SWITCHING CONTROLS.

5. CABLE LAYOUT SHOWN ON PLAN IS FOR FIXTURE GROUPING ONLY. CABLE SHALL BE CIRCUITED AND SIZED TO PROVIDE A MINIMUM OF 12 VOLTS AND A MAXIMUM OF 15 VOLTS TO ALL LIGHTING FIXTURES. CABLE SHALL BE MULTI-STRANDED DIRECT BURIAL CABLE, 12 GAUGE MINIMUM. ALL WIRE JUNCTIONS SHALL BE MADE WITH APPROVED, FULLY ENCAPSULATED WATERPROOF CONNECTORS RATED FOR DIRECT BURIAL.

6. ALL CABLE SHALL BE 12 GAUGE, CONCEALED FROM PRIMARY VIEW AND INSTALLED PER THE DETAILED DRAWINGS. CABLE SHALL BE BLACK, LOW VOLTAGE TWO CONDUCTOR. MAKE CONNECTIONS IN FIXTURES OR J BOXES OR WITH WIRE NUTS POINTING UP.

7. VERIFY ALL FIXTURE LOCATIONS WITH LANDSCAPE ARCHITECT PRIOR TO INSTALLATION.

8. CONTRACTOR SHALL SCHEDULE A DUSK MEETING WITH THE OWNER AND THE LANDSCAPE ARCHITECT TO TEST AND AIM ALL LIGHTING EQUIPMENT TO THE SATISFACTION OF THE OWNER.

9. UPON COMPLETION AND ACCEPTANCE OF THE LOW VOLTAGE LIGHTING SYSTEM BY THE OWNER, THE CONTRACTOR SHALL PROVIDE A ONE (1) YEAR GUARANTEE FOR THE FREE LABOR AND REPLACEMENT OF ALL LIGHTING EQUIPMENT.

10. PRIOR TO RELEASE OF FINAL PAYMENT THE CONTRACTOR SHALL PREPARE, AT NO ADDITIONAL COST, A COMPLETE AND REPRODUCIBLE DRAWING OF THE SYSTEM LAYOUT AS IT WAS ACTUALLY INSTALLED.

LOCATION OF CABLE RUNS SHALL BE DIMENSIONED FROM THE NEAREST PAVED EDGE OR WALL.

11. ALL LIGHTING FOR THE PROJECT MUST BE IN CONFORMANCE WITH IBMC CHAPTER 19.56 LIGHTING REGULATIONS.

SHOULD NEIGHBORHOOD CONCERNS OR ISSUES ARISE RELATED TO LIGHTING, THE OWNER IS REQUIRED TO MITIGATE

THE IMPACTS THROUGH MODIFICATION, DISCONTINUANCE, OR ABATEMENT OF THE LIGHTING TO THE SATISFACTION

OF THE CITY

LOW VOLTAGE LIGHTING EQUIPMENT SCHEDULE

SYMBOL DESCRIPTION SOURCE MATERIAL/ FINISH/NOTES IMAGE
LOW VOLTAGE (12V)

LIGHTING TRANSFORMER
150W, LOW VOLTAGE
(12W) MULTI-TAP

TRANSFORMER IN

STAINLESS STEEL WITH

CLEAR POWDER COAT

ENCLOSURE WITH TIMER

VISTA PROFESSIONAL LIGHTING
(800) 766-8478
MODEL: ES-150 VA-T --

FIXTURE

LED FLOOD LIGHT

VISTA PROFESSIONAL LIGHTING
(800) 766-8478
MODEL: GR-5014i-B-2.5-N-MF
MOUNT: GROUND
MATERIAL: COMPOSITE
FINISH: BLACK
LAMP: LED, COLOR NEUTRAL

FIXTURE

LED PATH LIGHT
A
WIRING

DIRECT BURIAL WITH

CONNECTORS
WESTWIRE USE '3M DBO/B-6 UNDERGROUND WIRE

CONNECTORS' --

VISTA PROFESSIONAL LIGHTING
(800) 766-8478
MODEL: PR-6570-B-W-N-LB2ND
MOUNT: GROUND
MATERIAL: COMPOSITE
FINISH: BLACK
LAMP: LED, COLOR NEUTRAL
B
B
A
LANDSCAPE KEY NOTES:

PATH LIGHTS HAVE A SHIELD TO FOCUS LIGHT
ON THE GROUND. LIGHT DOES NOT SPILL ONTO

ADJACENT PROPERTY

UP LIGHTS AT TREES HAVE SHIELDS TO FOCUS

LIGHT INTO THE FOLIAGE AND NOT ON

ADJACENT PROPERTIES
A
B TYP.

TYP.

B IMAGE

PATH LIGHT FIXTURE

A IMAGE

TREE LIGHT
0 2 4 8

All plans, designs and ideas shown on this drawing are the property of Neri Landscape Architecture and shall not be used, disclosed or reproduced by any person, firm or corporation for any purpose without written consent from Neri Landscape Architecture Project No. - XX Drawn - XXX Checked - JPN 25 MAY 2024928 Hornblend Street, Suite # 3
San Diego, CA 92109Fax 858-274-3223 Tel 858-274-3222 - www.NeriLa.com South Bay Palms CONCEPT PLAN745 13th Street Imperial Beach, CA 91932 LANDSCAPE IMPROVEMENT PLANS FOR CONCEPT MATERIALS IMAGERY TREES SHRUBS GROUNDCOVERS SHRUBS Marina Strawberry Tree
Arbutus x 'Marina'
Variegated Flax Lily
Dianella tasmanica 'Variegata' All plans, designs and ideas shown on this drawing are the property of Neri Landscape Architecture and shall not be used, disclosed or reproduced by any person, firm or corporation for any purpose without written consent from Neri Landscape Architecture Project No. - XX Drawn - XXX Checked - JPN 25 MAY 2024928 Hornblend Street, Suite # 3
San Diego, CA 92109Fax 858-274-3223 Tel 858-274-3222 - www.NeriLa.com South Bay Palms CONCEPT PLAN745 13th Street Imperial Beach, CA 91932 LANDSCAPE IMPROVEMENT PLANS FOR L4
West Coaster Tall Fescue
Festuca arundinacea 'West Coaster' PAVING
Driveway Pavers
'Express Set' by Orco Block
Color: Dune
Concrete
Uncolored concrete with a
'sand' finish
Pygmy Date Palm
Phoenix roebelenii
Queen Palm
Syagrus romanzoffiana
Blue Flame Agave
Agave attenuata 'Blue Flame'
Little Rev Flax Lily
Dianella revoluta 'Little Rev'
Little Sur Coffeeberry
Frangula californica 'Little Sur'
Breeze Mat Rush
Lomandra longifolia 'LM300'
Purple New Zealand Flax
Phormium tenax 'Autropurpureum'
Blue Chalk Sticks
Senecio mandraliscae 'Blue Chalk Sticks' FENCING
Wood Privacy Fence
4' high in the front setback, 6' high along the driveway Decorative Wrought Iron Fence
4' high in the front setback, 6' high along the alley

STUCCO
MASTER WALL INC.

STUCCO TEXTURE:

MEDIUM SAND 1.5

SOUTH BAY PALMS
4-UNIT RESIDENTIAL TOWNHOMES AT 745 13TH ST

MASTER WALL INC. CUSTOM STUCCO COLOR:

STUCCO
TRIM: SHERWIN WILLIAMS

SOUTH BAY PALMS
4-UNIT RESIDENTIAL TOWNHOMES AT 745 13TH ST

AMICO GRIPLOCK J CONTROL JOINT
(#XJ15 JOINT)

WESTERN STATES METAL ROOFING
•PANEL TYPE: ROOF PANEL
•PROFILE TYPE: MS2® - 2"MECHANICALLY SEAMED
•COLOR/FINISH: DARK BRONZE
•GAUGE/OUNCE: 22 GAUGE
•PANEL WIDTH: 18"

ROOFING

SOUTH BAY PALMS
4-UNIT RESIDENTIAL TOWNHOMES AT 745 13TH ST

JAMES HARDIE
HARDIE PLANK HZ10

8.25 IN. X 144 IN.

PRIMED CEDARMILL

FIBER CEMENT LAP
SIDING.

COLOR: CADET BLUE

WALL FINISH

SOUTH BAY PALMS
4-UNIT RESIDENTIAL TOWNHOMES AT 745 13TH ST

JELD-WEN
STEEL EXTERIOR DOOR: 1-PANEL
NEW CONSTRUCTION, * 1-3/4"
DOOR * LVL STILES AND RAILS *
STEEL BOTTOM RAIL * GALVANIZED
STEEL FACING * BRIGHT WHITE
PRIMER * 12" LOCK BLOCK *
ENERGY EFFICIENT CORE.

COLOR: SHERWIN WILLIAMS
DOORS

SOUTH BAY PALMS
4-UNIT RESIDENTIAL TOWNHOMES AT 745 13TH ST

JELD-WEN
BUILDERS TM VINYL (V-2500
WINDOW: DOUBLE HUNG
WINDOWS:

SOUTH BAY PALMS
4-UNIT RESIDENTIAL TOWNHOMES AT 745 13TH ST

WINDOWS/GARAGE
CLOPAY
MODERN STEEL 16 FT X 7
FT INSULATED 18.4 RVALUE GRAY GARAGE DOOR

WITHOUT WINDOWS

P a g e | 1
November 6, 2024
ITEM TITLE: PUBLIC HEARING TO CONSIDER ADOPTION OF (1) AFFORDABLE HOUSING AGREEMENT WITH HOUSING ASSET FUND LOAN ($625,000); (2) CITY FEE DEFERRAL; AND (3) DEVELOPMENT ENTITLEMENT EXTENSION FOR 50 UNIT AFF. SENIOR HOUSING & NEIGHBORHOOD CENTER AT 455 PALM AVENUE (WAK
ORIGINATING DEPARTMENT:

Community Development
EXECUTIVE SUMMARY:

At the meeting, the City Council and Housing Authority will conduct a public hearing to consider the approval or denial of an Affordable Housing Agreement and a time extension for the development entitlements (Regular Coastal Development Permit (CP-22-0013), Conditional Use Permit (CUP-22-0013), Design Review Case (DRC-22-0025), Site Plan Review (SPR-22-0026) and Categorical Exemption pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15332) for the demolition of the existing structures and construction of a new 50-unit affordable senior housing and neighborhood center project at 455 Palm Ave (APN 625-230-23- 00) in the R-1500 (High Density Residential) Zone and R-1-6000 (Single Family Residential) Zone. The applicant of this project is Wakeland Housing and Development Corporation. The affordable housing agreement includes a low- and moderate-income housing asset fund loan for $625,000 and fee deferrals of certain City fees.

RECOMMENDATION:

That the City Council and Housing Authority hold the public hearing, receive public comments, and consider:
o Adoption of a Resolution of the Imperial Beach Housing Authority Resolution HA24-21 (I) approving the Affordable Housing Agreement by and between the Imperial Beach Housing Authority and Wakeland IBNCA LP, including attachments, for the Imperial Beach Neighborhood Center Apartments located at 455 Palm Avenue, Imperial Beach, California, (II) authorizing and establishing the terms and conditions for the deferral of certain City fees for the development of the Imperial Beach Neighborhood Center Apartments as an affordable residential rental project for senior lower income households; and (III) approving and authorizing other related actions; and
o Adoption of Resolution 2024-081 (I) approving the Affordable Housing Agreement by and between the Imperial Beach Housing Authority and Wakeland IBNCA LP, including attachments, for the Imperial Beach Neighborhood Center Apartments located at 455 Palm Avenue, Imperial Beach, California, (II) authorizing and establishing the terms and conditions for the deferral of certain City fees for the development of the Imperial Beach Neighborhood Center Apartments as an affordable residential rental project for senior lower income households; and (III) approving and authorizing other related actions; and

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o Adoption of Resolution 2024-080 approving a time extension for Regular Coastal Development Permit (CP-22-0013), Conditional Use Permit (CUP-22-0013), Design Review Case (DRC-22-0025), Site Plan Review (SPR-22-0026) and Categorical Exemption pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15332 (In-Fill Development Projects) for the demolition of the existing structures and construction of a new 50-unit affordable senior housing and neighborhood center project at 455 Palm Ave.

OPTIONS:

In addition to receiving this report and adopting staff’s recommendations, the City Council/Housing Authority can:
 Not approve the resolutions; or
 Continue the item to a future meeting where additional information can be provided, and a decision can be rendered.

BACKGROUND/ANALYSIS:

On November 16, 2022 the City Council adopted Resolution No. 2022-98 authorizing the demolition of the existing buildings and construction of a new 50-unit affordable senior housing development and neighborhood center project at 455 Palm Avenue (APN 625-230-23-00) in the R-1500 (High Density Residential) Zone and R-1-6000 (Single Family Residential) Zone.

Entitlement Extension:

The project entitlements are set to expire on December 6, 2024, unless the project is vested with substantial construction or if an extension is authorized. The applicant has received two previous time extensions for the entitlements and is now seeking to extend the project entitlements.

Since the project was approved pursuant to Resolution No. 2022-98, the Developer has taken the following actions in reliance on the Design Review and Site Plan review approvals: (1) preparing an Affordable Housing Agreement between the Imperial Beach Housing Authority and Wakeland IBNCA LP committing to finance, develop, and operate the Development all as described in the proposed Agreement and its Attachments (which includes a commitment from the City via a City

P a g e | 3
Fees Deferral and a Low and Moderate Income Housing Assistance Fund Loan from the Imperial Beach Housing Authority on the terms and conditions set forth in the proposed Agreement (“LMIHAF Loan”)); and (2) obtaining various other funding sources to finance the Project. By facilitating an affordable housing development using the financial incentive of a loan and providing the provision to allow for future time extensions through the review and approval by the Executive Director as identified within the Affordable Housing Agreement or appointed designee, the City would be providing a regulatory incentive which is consistent with Housing Element Goal 1 Policy

1.2. Such actions as those listed were undertaken by the Developer in reliance on the Design Review and Site Plan review approvals and financing for Affordable Housing development projects have taken/take substantial time and are not entirely within control of the Developer. All original applicable conditions of approval for the development pursuant to Resolution No. 2022- 98 are still in force and effect and no change in circumstances has occurred which would cause the originally approved permits to be in substantial conflict with the current development regulations. As such, the City Council may authorize an extension for a period of two years and provide the provision that the Executive Director as identified in the Affordable Housing Agreement (3598) or designee would be able to provide additional time extensions for the permits as necessary should there be evidence showing that the Developer has taken substantial actions in reliance on the Design Review and Site Plan review approvals for the previously approved application per Resolution 2022-98 for the project.

Affordable Housing Agreement, City Fee Deferrals, and Housing Authority Funds The applicant requested approximately $625,000 of Imperial Beach Housing Authority Funds and a waiver of City permitting and planning fees. In lieu of waiving the fees, the City proposed a deferral of fees in conjunction with a Housing Assistance Fund Loan. Thereafter, the applicant/developer proposed to finance, develop, and operate the development. The proposed financing for the Project is anticipated to include a combination of a construction loan, permanent loan, City Fees Deferral, a Low and Moderate Income Housing Assistance Fund Loan from the Imperial Beach Housing Authority on the terms and conditions set forth in an Affordable Housing Agreement (“LMIHAF Loan”), other public and private affordable housing funds and financing, and Developer equity derived from the syndication of low income tax credits. To provide the Authority’s assistance in financing the development, a satisfactory Affordable Housing Agreement for the Project was required to be drafted, considered, and approved by the City Council and Housing Authority Board in the manner required by law. Resolution 2022-98 included the requirement for an Affordable Housing Agreement for the Project as a condition of approval if Housing Authority funds were to be used.

Consistent with Resolution 2022-98, an Affordable Housing Agreement (Attachment 4) to provide for the Authority’s assistance in financing the development and operation of fifty (50) affordable rental housing units for Extremely Low Income, Very Low Income, and Low Income Senior Citizen Households at 455 Palm Avenue was drafted with associated Attachments. Pursuant to and conditioned upon the terms of the Agreement, if approved, the Authority will assist the Developer in paying the cost of acquiring a long-term leasehold interest in the Property and constructing the Improvements, the City will defer the payment of certain fees imposed to reimburse City for staff time costs in review of the Project, and the Developer will construct, develop, operate, maintain and repair the Improvements on the Property.

The project would provide affordable senior citizen housing and a neighborhood center that would provide services to the residents of the adjacent affordable senior housing development, as well as to the larger community, consistent with IBMC Chapter 19.67 Senior Housing Development.

Additionally, pursuant to the Affordable Housing Incentives Programs set forth in the City’s approved Housing Element, the City Council is authorized to encourage and facilitate the development of affordable housing for lower income persons within the City by, among other

P a g e | 4
things, approving incentives to developers as needed to enhance project feasibility. Furthermore, the project implements the City’s adopted 6th Cycle Housing Element by providing affordable senior housing to meet the City’s Regional Housing Needs Allocation.

The approval or disapproval of the Affordable Housing Agreement and the permit extensions shall be at the sole discretion of the City Council and/or Housing Authority as applicable.

ENVIRONMENTAL DETERMINATION:

The project is categorically exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15332 (In-Fill Development Projects). A Notice of Exemption was filed in the office of the San Diego County Clerk on November 21, 2022. Approving the agreement is not considered a project as defined by CEQA.

FISCAL IMPACT:

Subject to the authorization via an approved Affordable Housing Agreement, the applicant has requested the utilization of $625,000 of Imperial Beach Housing Authority Funds and a deferral of City permitting and planning fees. This is contingent upon the standing of the approvals of the project entitlements by the City Council and would require action by the City Council to approve both the transfer of funds and waiver of fees.

ATTACHMENTS:

Attachment 1 – Resolution 2024-080
Attachment 2 – Resolution 2024-081
Attachment 3 – Housing Authority Resolution HA-24-21
Attachment 4 – Affordable Housing Agreement and Attachments

Attachment 1
RESOLUTION NO. 2024-080

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, APPROVING A TIME EXTENSION FOR REGULAR COASTAL PERMIT (CP22-0013), DESIGN REVIEW CASE (DRC-22-0025), SITE PLAN REVIEW (SPR-22-0026), CONDITIONAL USE PERMIT (CUP-22-0013), AND A CATEGORICAL EXEMPTION PURSUANT TO CEQA GUIDELINES 15332 (IN-FILL DEVELOPMENT PROJECTS) FOR THE CONSTRUCTION OF A NEW 50 UNIT AFFORDABLE SENIOR HOUSING AND NEIGHBORHOOD CENTER PROJECT AT 455 PALM AVENUE (APN 625-230-23-00) USE22-0095.

DEVELOPER: WAKELAND HOUSING AND DEVELOPMENT CO.

WHEREAS, on November 6, 2024 the City Council of the City of Imperial Beach held a public meeting to consider the merits of approving or denying a two-year time extension with the provision that the Executive Director as identified in the Affordable Housing Agreement (3598) or designee would be able to provide additional time extensions as necessary should there be evidence showing that the Developer has taken substantial actions in reliance on the Design Review and Site Plan review approvals for the previously approved application per Resolution 2022-98 for a Regular Coastal Permit (CP-22-0013), Conditional Use Permit (CUP-22-0013), Design Review Case (DRC-22-0025), Site Plan Review (SPR-22-0026), and Categorical Exemption pursuant to CEQA Guidelines 15332 (In-fill Development) proposing to demolish the existing buildings and construct a new 50-unit affordable senior housing and neighborhood center project at 455 Palm Ave (APN 625-230-23-00) in the R-1500 (High Density Residential) Zone and R-1-6000 (Single Family Residential) Zone; and WHEREAS, on November 16, 2022, the City Council of the City of Imperial Beach adopted Resolution 2022-98 approving an application for Regular Coastal Permit (CP-22-0013), Conditional Use Permit (CUP-22-0013), Design Review Case (DRC-22-0025), Site Plan Review (SPR-22-0026), and Categorical Exemption pursuant to CEQA Guidelines 15332 (In-fill Development) proposing to demolish the existing buildings and construct a new 50-unit affordable senior housing and neighborhood center project at 455 Palm Ave (APN 625-230-23- 00) in the R-1500 (High Density Residential) Zone and R-1-6000 (Single Family Residential) Zone; and
WHEREAS, on November 1, 2023, the City Council of the City of Imperial Beach adopted Resolution 2023-04 approving a six-month time extension for a Regular Coastal Permit (CP-22-0013), Conditional Use Permit (CUP-22-0013), Design Review Case (DRC-22-0025), Site Plan Review (SPR-22-0026), and Categorical Exemption pursuant to CEQA Guidelines 15332 (In-fill Development) proposing to demolish the existing buildings and construct a new 50-unit affordable senior housing and neighborhood center project at 455 Palm Ave (APN 625- 230-23-00) in the R-1500 (High Density Residential) Zone and R-1-6000 (Single Family Residential) Zone; and
WHEREAS, on August 7, 2024, the City Council of the City of Imperial Beach adopted Resolution 2024-058 approving a six-month time extension for a previously approved application for a Regular Coastal Permit (CP-22-0013), Conditional Use Permit (CUP-22-0013), Design Review Case (DRC-22-0025), Site Plan Review (SPR-22-0026), and Categorical Exemption pursuant to CEQA Guidelines 15332 (In-fill Development) proposing to demolish the existing buildings and construct a new 50-unit affordable senior housing and neighborhood center project at 455 Palm Ave (APN 625-230-23-00) in the R-1500 (High Density Residential) Zone and R-1-6000 (Single Family Residential) Zone; and

Resolution No. 2024-080

WHEREAS, since the project (USE-22-0095) was approved pursuant to Resolution No. 2022-98, the Developer has taken the following actions in reliance on the Design Review and Site Plan review approvals: (1) preparing an Affordable Housing Agreement between the Imperial Beach Housing Authority and Wakeland IBNCA LP committing to finance, develop, and operate the Development all as described in the proposed Agreement and its Attachments (which includes a commitment from the City via a City Fees Deferral and a Low and Moderate Income Housing Assistance Fund Loan from the Imperial Beach Housing Authority on the terms and conditions set forth in the proposed Agreement (“LMIHAF Loan”)); and (2) obtaining various other funding sources to finance the Project. Facilitating an affordable housing development using the financial incentive of a loan and providing the provision to allow for future time extensions through the review and approval by the Executive Director as identified within the Affordable Housing Agreement or appointed designee would allow the City to provide a regulatory incentive which is consistent with Housing Element Goal 1 Policy 1.2. Such actions as those listed as undertaken in reliance on the Design Review and Site Plan review approvals and financing for Affordable Housing development projects have taken/take substantial time and are not entirely within control of the Developer. All original applicable conditions of approval for the development pursuant to Resolution No. 2022-98 are still in force and effect and no change in circumstances has occurred which would cause the originally approved permits to be in substantial conflict with the current development regulations; and, WHEREAS, the project design was previously found to be compatible with the community and consistent with Policy D-8 (Project Design) of the Design Element of the General Plan; and,
WHEREAS, the City Council previously found that the project is in compliance with the Land Use and Housing Elements of the General Plan; and, WHEREAS, the City Council previously found that the project complies with the requirements of the California Environmental Quality (CEQA) as the project is categorically exempt pursuant to CEQA Guidelines 15332 (In-Fill Development Projects); and WHEREAS, the applicant states that the project has been delayed due to unforeseeable circumstances; and
WHEREAS, the City Council held a public hearing and received and considered public comments and a staff report on the proposed time extensions, Agreement, and the proposed City Fees Deferral.

WHEREAS, the City Council finds that there is sufficient cause to grant a time extension for this project and there have been no changes to the zoning code or change in circumstances where the previously approved permits, conditions, and site plan would conflict with development regulations; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Imperial Beach as follows:

1. That the City Council finds that the foregoing recitals are true and correct and are incorporated herein by this reference as a substantive part of this Resolution.

2. The City Council has received and heard all oral and written objections (if any) to the proposed permits extension and to other matters pertaining to this

Resolution No. 2024-080

transaction, and that all such oral and written objections (if any) are hereby overruled.

3. That a two (2) year time extension for Regular Coastal Permit (CP-22-0013), Conditional Use Permit (CUP-22-0013), Design Review Case (DRC-22-0025), Site Plan Review (SPR-22-0026), and Categorical Exemption pursuant to CEQA Guidelines 15332 (In-Fill Development Projects) (collectively referred to as “Permits”) is approved for the demolition of the existing structures and the construction of a new 50-unit affordable senior housing and neighborhood center project at 455 Palm Avenue (APN 625-230-23-00) in the R-1500 (High Density Residential) Zone and R-1-6000 (Single Family Residential) Zone and is valid for two 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 December 6, 2026 unless the Executive Director as identified in the Affordable Housing Agreement (3598) or designee provides an additional time extension on the condition that there is sufficient evidence showing that the Developer has taken substantial actions in reliance on the Design Review and Site Plan review approvals for the previously approved application per Resolution 2022-98 and/or if the project is vested with substantial construction pursuant to an approved building permit. Approvals of the Regular Coastal Permit (CP-22-0013), Conditional Use Permit (CUP-22-0013), Design Review Case (DRC-22-0025), Site Plan Review (SPR-22-0026), and Categorical Exemption pursuant to CEQA Guidelines 15332 (In-fill Development) shall run coterminous.

4. Should the Developer obtain any additional City entitlements for the project, the approvals of the Regular Coastal Permit (CP-22-0013), Conditional Use Permit (CUP-22-0013), Design Review Case (DRC-22-0025), Site Plan Review (SPR22-0026), and Categorical Exemption pursuant to CEQA Guidelines 15332 (In-fill Development) shall run coterminous with the new entitlement.

5. The City Council authorizes and directs the City Manager, or designee, of the City to execute such other documents and take such other actions as are necessary or desirable and appropriate to carry out and implement the purposes of this Resolution including but not limited to granting additional time extensions as discussed under Section 3 above to effectuate the intent of this Resolution on behalf of the City.

6. That Applicant must comply with all state, federal and local laws with respect to residency requirements.

7. The Applicant shall comply with the tenant selection procedures in the Affordable Housing Agreement.

8. That Applicant’s obligation in condition #80 in Resolution No. 2022-98 to indemnify, defend, and hold harmless the City for Development Approvals applies to this time extension for the Permits.

9. All conditions of approval for the Permits contained in Resolution No. 2022-98 continue to apply.

10. 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.

Resolution No. 2024-080

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its meeting held on the 6
th day of November 2024, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

PALOMA AGUIRRE, MAYOR
ATTEST:

JACQUELINE M. KELLY, MMC

CITY CLERK

Attachment 2
RESOLUTION NO. 2024-081

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA (I) APPROVING THE AFFORDABLE HOUSING AGREEMENT BY AND BETWEEN THE

IMPERIAL BEACH HOUSING AUTHORITY AND WAKELAND IBNCA LP, INCLUDING

ATTACHMENTS, FOR THE IMPERIAL BEACH NEIGHBORHOOD CENTER APARTMENTS LOCATED AT 455 PALM AVENUE, IMPERIAL BEACH, CALIFORNIA, (II) AUTHORIZING

AND ESTABLISHING THE TERMS AND CONDITIONS FOR THE DEFERRAL OF CERTAIN

CITY FEES FOR THE DEVELOPMENT OF THE IMPERIAL BEACH NEIGHBORHOOD

CENTER APARTMENTS AS AN AFFORDABLE RESIDENTIAL RENTAL PROJECT FOR SENIOR LOWER INCOME HOUSEHOLDS; AND (III) APPROVING AND AUTHORIZING

OTHER RELATED ACTIONS
WHEREAS, the City Council of the City of Imperial Beach (“City”) adopted its Resolution No. 2022-98 approving Design Review, Site Plan Review and Conditional Use Permit for the development of the Imperial Beach Neighborhood Center Apartments as a new 50-unit affordable senior housing development at 455 Palm Avenue in the City (“Development”); and WHEREAS, the Development is proposed by Wakeland Housing and Development Co.; and
WHEREAS, Wakeland IBNCA LP, an affiliate of Wakeland Housing and Development Co. (“Developer”) has executed and delivered to the Imperial Beach Housing Authority (“Authority”), and the Authority is considering the approval of, a proposed Affordable Housing Agreement and its Attachments for the financing, construction, use, occupancy and operation of the Development; and
WHEREAS, in order to carry out and implement the Development, and pursuant to the terms and conditions of the proposed Affordable Housing Agreement including its Attachments (collectively, “Agreement”), it is proposed that the City authorize and approve the deferral of certain staff time based fees for the Development, excluding specific development fees and third party consultant review costs, not to exceed a total first approved in writing by the City Manager or designee (“City Fees Deferral”); and
WHEREAS, such deferral of City fees is not a waiver or forgiveness of such fees, but instead is a deferral thereof to be repaid to the City from certain residual receipts of the operation of the Development pursuant to the City Fees Deferral Note and the City Deed of Trust in accordance with the terms, conditions and requirements of the Agreement; and WHEREAS, the City Fees Deferral Note is a promissory note payable to the City evidencing the obligation of the Developer to repay the City Fees Deferral with specified interest in a form consistent with Attachment No. 14 to the Agreement and first approved in writing by the City Manager or designee; and
WHEREAS, the City Deed of Trust is a subordinated leasehold deed of trust for the benefit of the City securing the obligation of the Developer to repay the City Fees Deferral in accordance with the City Fees Deferral Note in a form consistent with Attachment No. 15 to the Agreement and first approved in writing by the City Manager or designee; and

Resolution No. 2024-081

WHEREAS, pursuant to the Affordable Housing Incentives Programs set forth in the City’s approved Housing Element, the City Council is authorized to encourage and facilitate the development of affordable housing for lower income persons within the City by, among other things, approving incentives to developers as needed to enhance project feasibility; and WHEREAS, pursuant to applicable state statute and City ordinances, the City is authorized to cooperate with the Imperial Beach Housing Authority to facilitate the development of affordable housing for lower income persons within the City; and WHEREAS, consistent with the provisions and authorizations of applicable provisions of the Imperial Beach Municipal Code, City ordinances, the City’s Housing Element and the statutes of the State of California empowering the Authority, the City is authorized to approve and implement the City Fees Deferral in accordance with the terms, conditions and requirements of the Agreement and its Attachments; and
WHEREAS, the City Council did receive and consider a staff report on the proposed Development and Agreement and the proposed City Fees Deferral and any public comments received.

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

1. The City Council finds and determines that the foregoing recitals are true and correct and are incorporated herein by this reference as a substantive part of this Resolution.

2. The City Council has received and heard all oral and written objections (if any) to the proposed Agreement, to the proposed City Fees Deferral, and to other matters pertaining to this transaction, and that all such oral and written objections (if any) are hereby overruled.

3. Based on the whole record before it, the City Council finds and determines, that the City Fees Deferral as described in the proposed Agreement will achieve public purposes, including providing and assisting in the development of affordable housing for lower income persons within the City.

4. The City Council approves the terms and provisions for the City Fees Deferral and approves the proposed Agreement between the Authority and Developer for the financing, development and operation of the Development, including all exhibits and Attachments thereto, in the form as submitted by the City Manager of the City.

5. The City Council authorizes and directs the City Manager, or designee, of the City to execute all documents, instruments, and agreements required by and for the implementation of the City Fees Deferral in accordance with the Agreement including, without limitation, the City Fees Deferral Note and the City Deed of Trust, and all Attachments to the Agreement, on behalf of the City, subject to the approval as to form by the City Manager of the City and its legal counsel.

6. The City Council authorizes and directs the City Manager, or designee, of the City (i) to make such minor amendments, changes or revisions to any document, instrument, or agreement required by and for the implementation of the City Fees Deferral on behalf of the City, as approved by the City Manager of the City and its legal counsel, (ii) to execute such other documents and take such other actions as are necessary or desirable and

Resolution No. 2024-081

appropriate to carry out and implement the purposes of the Agreement and to effectuate the intent of this Resolution on behalf of the City including, without limitation, approving extensions of deadlines set forth in the Agreement (or any portion thereof) as determined necessary by the City Manager, or designee, to effectuate the purposes of the Agreement, and (iii) to administer the City’s rights, obligations, responsibilities and duties to be performed in connection with the City Fees Deferral and all documents, instruments, and agreements required by and for the implementation of the City Fees Deferral on behalf of the City.

7. That Developer’s obligation in condition #80 in Resolution No. 2022-98 to indemnify, defend, and hold harmless the City for Development Approvals applies to the approvals granted in this Resolution.

8. This Resolution shall take effect upon the date of its adoption.

PASSED, APPROVED AND ADOPTED the City Council of the City of Imperial Beach at its meeting held on the 6
th day of November, 2024 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

PALOMA AGUIRRE, MAYOR
ATTEST:

JACQUELINE M. KELLY, MMC

CITY CLERK

Attachment 3
HOUSING AUTHORITY RESOLUTION NO. HA-24-21

A RESOLUTION OF THE IMPERIAL BEACH HOUSING AUTHORITY, CALIFORNIA (I)

APPROVING THE AFFORDABLE HOUSING AGREEMENT BY AND BETWEEN THE

IMPERIAL BEACH HOUSING AUTHORITY AND WAKELAND IBNCA LP, INCLUDING

ATTACHMENTS, FOR THE IMPERIAL BEACH NEIGHBORHOOD CENTER APARTMENTS LOCATED AT 455 PALM AVENUE, IMPERIAL BEACH, CALIFORNIA, AND (II) APPROVING

AND AUTHORIZING OTHER RELATED ACTIONS
WHEREAS, the City Council of the City of Imperial Beach (“City”) adopted its Resolution No. 2022-98 approving Design Review, Site Plan Review and Conditional Use Permit for the development of the Imperial Beach Neighborhood Center Apartments as a new 50-unit affordable senior housing development at 455 Palm Avenue in the City (“Development”); and WHEREAS, the Development is proposed by Wakeland Housing and Development Co.; and
WHEREAS, Wakeland IBNCA LP, an affiliate of Wakeland Housing and Development Co. (“Developer”) has executed and delivered to the Imperial Beach Housing Authority (“Authority”) a proposed Affordable Housing Agreement and its Attachments for the financing, construction, use, occupancy and operation of the Development (“Agreement”); and WHEREAS, Developer has proposed to finance, develop, and operate the Development all as described in the proposed Agreement and its Attachments (collectively, “Project”).

Developer’s proposed financing for the Project is anticipated to include a combination of the construction loan, permanent loan, City Fees Deferral, a Low and Moderate Income Housing Assistance Fund Loan from the Authority on the terms and conditions set forth in the proposed Agreement (“LMIHAF Loan”), other public and private affordable housing funds and financing, and Developer equity derived from the syndication of low income tax credits; and WHEREAS, the LMIHAF Note is a promissory note payable to the Authority evidencing the obligation of the Developer to repay the LMIHAF Loan with specified interest in a form consistent with Attachment No. 8 to the Agreement and first approved in writing by the Authority Executive Director or designee; and
WHEREAS, the Authority Deed of Trust is a subordinated leasehold deed of trust for the benefit of the Authority securing the obligation of the Developer to repay the LMIHAF Loan in accordance with the LMIHAF Note in a form consistent with Attachment No. 9 to the Agreement and first approved in writing by the Authority Executive Director or designee; and WHEREAS, pursuant to applicable state statutes and City ordinances, the Authority is authorized to facilitate the development of affordable housing for lower income persons within the City, including without limitation the making of loans to achieve feasibility for such projects; and WHEREAS, the Authority did receive and consider a staff report on the proposed Development and Agreement and the proposed LMIHAF Loan and any public comments received.

NOW, THEREFORE, BE IT RESOLVED by the Imperial Beach Housing Authority as follows:

1. The Authority finds and determines that the foregoing recitals are true and correct and are incorporated herein by this reference as a substantive part of this Resolution.

Housing Authority Resolution No. HA-24-21

2. The Authority has received and heard all oral and written objections (if any) to the proposed Agreement, to the proposed LMIHAF Loan, and to other matters pertaining to this transaction, and that all such oral and written objections (if any) are hereby overruled.

3. Based on the whole record before it, the Authority finds and determines that the Agreement and the LMIHAF Loan as described in the proposed Agreement will achieve public purposes, including providing and assisting in the development of affordable housing for lower income persons within the City.

4. The Authority approves the terms and provisions of the proposed Agreement and approves the proposed Agreement between the Authority and Developer for the financing, development and operation of the Development, including all exhibits and Attachments thereto, in the form as submitted by the Authority Executive Director.

5. The Authority authorizes and directs the Authority Executive Director, or designee, to execute all documents, instruments and agreements required by and for the implementation of the Agreement including, without limitation, the LMIHAF Note and the Authority Deed of Trust, and all Attachments to the Agreement, on behalf of the Authority, subject to the approval as to form by the Authority Executive Director and legal counsel.

6. The Authority authorizes and directs the Authority Executive Director (i) to make such minor amendments, changes or revisions to any document, instrument, or agreement required by and for the implementation of the Agreement on behalf of the Authority, as approved by the Authority Executive Director and legal counsel, (ii) to execute such other documents and take such other actions as are necessary or desirable and appropriate to carry out and implement the purposes of the Agreement and to effectuate the intent of this Resolution on behalf of the Authority, including, without limitation, approving extensions of deadlines set forth in the Agreement (or any portion thereof) as determined necessary by the Authority Executive Director, or designee, to effectuate the purposes of the Agreement, and (iii) to administer the Authority’s rights, obligations, responsibilities and duties to be performed in connection with the Agreement and all documents, instruments, and agreements required by and for the implementation of the Agreement on behalf of the Authority.

7. That Developer’s obligation in condition #80 in Resolution No. 2022-98 to indemnify, defend, and hold harmless the City for Development Approvals applies to the Housing Authority and approvals granted in this Resolution.

8. This Resolution shall take effect upon the date of its adoption.

PASSED, APPROVED AND ADOPTED the Board of the Imperial Beach Housing Authority at its meeting held on the 6
th day of November, 2024 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

PALOMA AGUIRRE, CHAIR

Housing Authority Resolution No. HA-24-21

ATTEST:

JACQUELINE M. KELLY, MMC

CITY CLERK

AFFORDABLE HOUSING AGREEMENT
(455 Palm Avenue)
by and between

IMPERIAL BEACH HOUSING AUTHORITY,
Authority,
and

WAKELAND IBNCA LP,
Developer
_____________, 20__
Attachment 4

i

TABLE OF CONTENTS
[TO BE REVISED]
Page
Article I. SUBJECT OF AGREEMENT ................................................................................ 1 Section 1.01 Purpose of the Agreement ........................................................................... 1 Section 1.02 Definitions................................................................................................... 1 Section 1.03 The Property.............................................................................................. 10 Section 1.04 The Authority ............................................................................................ 11 Section 1.05 The Developer ........................................................................................... 11 Section 1.06 Assignments and Transfers ....................................................................... 11 Article II. LEASE OF PROPERTY TO DEVELOPER ........................................................ 13 Section 2.01 Condition of the Property.......................................................................... 13 Section 2.02 Long-Term Lease of the Property by the Developer ................................ 13 Article III. FINANCING......................................................................................................... 14 Section 3.01 Method of Financing ................................................................................. 14 Section 3.02 Authority Assistance ................................................................................. 14 Section 3.03 Evidence of Financing .............................................................................. 15 Article IV. DEVELOPMENT OF THE PROPERTY ............................................................. 16 Section 4.01 Land Use Approvals ................................................................................. 16 Section 4.02 Hazardous Materials ................................................................................. 16 Section 4.03 Scope of Development .............................................................................. 16 Section 4.04 Construction Drawings and Related Documents ..... Error! Bookmark not defined.

Section 4.05 City Approval of Plans, Drawings and Related Documents .............. Error! Bookmark not defined.

Section 4.06 Cost of Construction ................................................................................. 17 Section 4.07 Schedule of Performance .......................................................................... 17 Section 4.08 Local, State and Federal Laws .................................................................. 18 Section 4.09 Nondiscrimination During Construction................................................... 19 Section 4.10 .................................................................... Error! Bookmark not defined.

Section 4.11 .................................................................... Error! Bookmark not defined.

Section 4.12 Indemnification and Insurance .................................................................. 19 Section 4.13 Disclaimer of Authority Responsibility .................................................... 22 Section 4.14 Permits ...................................................................................................... 23 Section 4.15 Rights of Access ....................................................................................... 23 Section 4.16 Taxes, Assessments, Encumbrances and Liens ........................................ 23 Section 4.17 Rights to Plans .......................................................................................... 23 Section 4.18 Release of Construction Covenants .......................................................... 24