Imperial Beach City Council
February 19, 2025

deck that would continue to service local residents and the tourist population, meeting the intent of the land use designation. The Proposed Use would have no impact to existing shore processes, public access, coastal views, or scenic views because the Proposed Use complies with the Municipal Code and no significant alterations to the building or property are proposed beyond what exists today.

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

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

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

The Proposed Use is live entertainment at an existing two-story commercial building (only on the roof deck area). The Proposed Use continues to comply with the minimum criteria set forth in the City of Imperial Beach Zoning Ordinance, City’s Minimum Landscape Planting and Irrigation Standards, and the City’s Design Guidelines as further specified within the findings of this Resolution because no significant alterations to the building or property are proposed beyond what exists today.

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

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

The Proposed Use meets the minimum criteria set forth in Sections 19.82.050. subject to the findings provided within this Resolution. Section 19.81.060 and 19.83.120 are not applicable as the applicant has applied for a waiver to waive Site Plan Review and Design Review. Section 19.84.050 are not applicable because the Proposed Use does not require a variance. Section 19.86.100 is not applicable because the Proposed Use does not require a zoning classification/rezoning.

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

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

6. This Proposed Use complies with the California Environmental Quality Act.

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

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

The Proposed Use 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 January 31, 2025, and February 5, 2025, and a public hearing notice was published in the South County Eagle & Times newspaper on February 6, 2025.

CONDITIONAL USE PERMIT (IBMC § 19.82.040):

8. That the Proposed Use is necessary or desirable to provide a service or facility which will contribute to the general well-being of the neighborhood or community; The purpose of the C/MU-2 Zone is to provide land to meet the demand for goods and services required primarily by the tourist population, as well as local residents who use the beach area. It is intended that the dominant type of commercial activity in the C/MU-2 Zone will be visitor-serving retail such as specialty stores, surf shops, restaurants, and hotels and motels. The development standards of the C/MU-2 Zone encourage pedestrian activity through the design and location of building frontages and parking provisions (IBMC Section 19.27.010). The Proposed Use is live entertainment at an existing two-story commercial building (only on the roof deck area). Live entertainment includes events with a Master of Ceremonies (MC), live instrumentals and/or vocalists, amplified music events, recorded music, and restaurant-style ambient music on the roof deck. The existing commercial building has four retail spaces, one of which is currently occupied by a Real Estate business, one soon to be Coffee business, and the remaining two spaces are vacant.

The intended use of the roof deck is for private events (with and without live entertainment) and semi-public events, subject to IBMC Section 19.23.010, 19.72.040 (G), and any other conditions noted in this Resolution. The Proposed Use would service local residents and the tourist population, contributing to the general well-being of the neighborhood and community and meeting the intent of the designation of land use. The Proposed Use is a commercial use and it is necessary or desirable to provide a service or facility which will contribute to the general well-being of the neighborhood or community.

9. That the Proposed Use will not, under the circumstances of the particular use, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity; The Proposed Use will not be detrimental to the public, as there will be no hazardous materials, fumes, or operations at the facility, nor will there be any noxious odors, loud noises, or excessive traffic generated at the site. The Proposed Use is compatible with other uses in the neighborhood and would function in a similar manner as other nearby uses. Applicable conditions of approval and noise mitigation requirements have been included with the Resolution to further ensure compatibility with the vicinity.

10. That the Proposed Use will comply with the regulations and conditions specified in this title for the use and for other permitted uses in the same zone; and

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The Proposed Use is located in the C/MU-2 (Seacoast Commercial & Mixed Use) Zone.

The purpose of the C/MU-2 zone is to provide land to meet the demand for goods and services required primarily by the tourist population, as well as local residents who use the beach area. It is intended that the dominant type of commercial activity in the C/MU-2 zone will be visitor-serving retail such as specialty stores, surf shops, restaurants, and hotels and motels.

Imperial Beach Municipal Code (IBMC) Section 19.23.010 provides a table of the allowable uses in the General Commercial & Mixed-Use Zone (C/MU-1), Seacoast Commercial & Mixed-Use Zone (C/MU-2), and Neighborhood Commercial & Mixed-Use Zone (C/MU-3). This table specifies which uses are expressly permitted, which uses require a Conditional Use Permit, or which uses are permitted only if in compliance with specific location requirements. While the land use table does not explicitly list a standalone “live entertainment” venue as an allowable use, it vests the authority of the City Council to determine whether an unspecified use can be allowed because it is compatible with the zone.

There are several similar uses that are specifically allowed in the zone. The land use table does allow restaurants with live entertainment with the approval of a Conditional Use Permit. Per IBMC Section 19.04.52, live entertainment is defined as “Live entertainment includes live music, recorded music, music played by a DJ, comedy, karaoke, readings, dancing, acting, or other entertainment performed on a site three or more days during a calendar year. This includes dancing by patrons to live music, recorded music, or music played by a DJ or disk jockey.”
Furthermore, hotels are a permitted use in the C/MU-2 (Seacoast Commercial & MixedUse Zone, which by definition may also include “entertainment” as an incidental service.

Hotels are defined in Imperial Beach Municipal Code Section 19.04.410 as follows: "Hotel" means any establishment offering commercial transient lodging accommodation on a less than monthly basis to the general public, including any incidental services such as eating, drinking, meeting, banquet, entertainment, or recreational services intended primarily for the convenience of guests.

While the Proposed Use may not strictly fit the definition of a restaurant, cafe, or hotel, it shares the characteristic of providing a venue for social gatherings that often include “live entertainment” as defined by IBMC Section 19.04.452. These types of events, such as weddings and banquets, inherently involve elements of entertainment, often including music, dancing, and other performances. It is intended that the dominant type of commercial activity in the C/MU-2 zone will be visitor-serving retail such as specialty stores, surf shops, restaurants, and hotels and motels. The proposed event venue aligns with this intent by providing a space for events that contribute to the local economy and offer entertainment options for both visitors and residents. Similar to how hotels and restaurants offer banquet and private dining spaces for events, this venue provides a dedicated space for larger gatherings. The Proposed Use can be interpreted as consistent with other permitted uses within the C/MU-2 zone as it provides a similar function of hosting events and providing entertainment, comparable to the incidental entertainment provided by restaurants, cafes, and hotels.

Additionally, Imperial Beach Municipal Code Chapter 19.72 provides the framework and regulations for outdoor uses in the City of Imperial Beach. Per the purview of this chapter, any business activity or use which is required to obtain a city business license shall conduct such business activity or use entirely inside a building. However, IBMC section

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19.72.040 exempts certain uses from this chapter and allows the City Council (in its role as the Planning Commission) to make a determination to exempt other business which normally conduct all or part of their business outside of buildings.

Based on the foregoing analysis, the City Council determines that the Proposed Use which would allow events such as weddings, banquets, and private parties, functions similarly to permitted uses within the C/MU-2 zone, specifically restaurants, cafes, and hotels, by providing a space for gatherings and entertainment is an allowable use pursuant to IBMC Section 19.23.010 and is not bound to conduct all of its business inside the building because a standalone “live entertainment” venue is a business that conducts all or part of their business outside of buildings pursuant to IBMC Section 19.72.040(G).

Applicable conditions of approval for the Proposed Use have been included in this Resolution to further ensure compatibility with the vicinity, which includes the ability for the Community Development Director to modify conditions if necessity warrants. As such, the Proposed Use will comply with the regulations and conditions specified in this title for the use and for other permitted uses in the same zone.

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

The Proposed Use is located in the C/MU-2 (Seacoast Commercial & Mixed Use) Zone.

The purpose of the C/MU-2 zone is to provide land to meet the demand for goods and services required primarily by the tourist population, as well as local residents who use the beach area. It is intended that the dominant type of commercial activity in the C/MU-2 zone will be visitor-serving retail such as specialty stores, surf shops, restaurants, and hotels and motels.

Imperial Beach Municipal Code (IBMC) Section 19.23.010 provides a table of the allowable uses in the General Commercial & Mixed-Use Zone (C/MU-1), Seacoast Commercial & Mixed-Use Zone (C/MU-2), and Neighborhood Commercial & Mixed-Use Zone (C/MU-3). This table specifies which uses are expressly permitted, which uses require a Conditional Use Permit, or which uses are permitted only if in compliance with specific location requirements. While the land use table does not explicitly list a standalone “live entertainment” venue as an allowable use, it vests the authority of the City Council to determine whether an unspecified use can be allowed because it is compatible with the zone.

There are several similar uses that are specifically allowed in the zone. The land use table does allow restaurants with live entertainment with the approval of a Conditional Use Permit. Per IBMC Section 19.04.52, live entertainment is defined as “Live entertainment includes live music, recorded music, music played by a DJ, comedy, karaoke, readings, dancing, acting, or other entertainment performed on a site three or more days during a calendar year. This includes dancing by patrons to live music, recorded music, or music played by a DJ or disk jockey.”
Furthermore, hotels are a permitted use in the C/MU-2 (Seacoast Commercial & MixedUse Zone, which by definition may also include “entertainment” as an incidental service.

Hotels are defined in Imperial Beach Municipal Code Section 19.04.410 as follows: "Hotel" means any establishment offering commercial transient lodging accommodation on a less than monthly basis to the general public, including any incidental services such as eating,

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drinking, meeting, banquet, entertainment, or recreational services intended primarily for the convenience of guests.

While the Proposed Use may not strictly fit the definition of a restaurant, cafe, or hotel, it shares the characteristic of providing a venue for social gatherings that often include “live entertainment” as defined by IBMC Section 19.04.452. These types of events, such as weddings and banquets, inherently involve elements of entertainment, often including music, dancing, and other performances. It is intended that the dominant type of commercial activity in the C/MU-2 zone will be visitor-serving retail such as specialty stores, surf shops, restaurants, and hotels and motels. The proposed event venue aligns with this intent by providing a space for events that contribute to the local economy and offer entertainment options for both visitors and residents. Similar to how hotels and restaurants offer banquet and private dining spaces for events, this venue provides a dedicated space for larger gatherings. The Proposed Use can be interpreted as consistent with other permitted uses within the C/MU-2 zone as it provides a similar function of hosting events and providing entertainment, comparable to the incidental entertainment provided by restaurants, cafes, and hotels.

Additionally, Imperial Beach Municipal Code Chapter 19.72 provides the framework and regulations for outdoor uses in the City of Imperial Beach. Per the purview of this chapter, any business activity or use which is required to obtain a city business license shall conduct such business activity or use entirely inside a building. However, IBMC section

19.72.040 exempts certain uses from this chapter and allows the City Council (in its role as the Planning Commission) to make a determination to exempt other business which normally conduct all or part of their business outside of buildings.

Based on the foregoing analysis, the City Council determines that the Proposed Use which would allow events such as weddings, banquets, and private parties, functions similarly to permitted uses within the C/MU-2 zone, specifically restaurants, cafes, and hotels, by providing a space for gatherings and entertainment is an allowable use pursuant to IBMC Section 19.23.010 and is not bound to conduct all of its business inside the building because a standalone “live entertainment” venue is a business that conducts all or part of their business outside of buildings pursuant to IBMC Section 19.72.040(G).

Applicable conditions of approval for the Proposed Use have been included in this Resolution to further ensure compatibility with the vicinity, which includes the ability for the Community Development Director to modify conditions if necessity warrants. As such, the proposed use will comply with the regulations and conditions specified in this title for the use and for other permitted uses in the same zone.

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 as findings; and
BE IT FURTHER RESOLVED by the City Council of the City of Imperial Beach that Regular Coastal Permit (CP-24-0003), Conditional Use Permit (CUP-24-0002, and Categorical Exemption pursuant to CEQA Guidelines 15301 Class 1 (Existing Facilities) for live entertainment at an existing two-story commercial building (only on the roof deck area) at 951 Seacoast Drive (APN 625-352-23-00) are hereby approved subject to the following conditions of approval set forth in this Resolution:

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CONDITIONS OF APPROVAL:

1. Approval of Regular Coastal Permit (CP-24-0003), Conditional Use Permit (CUP-24- 0002), and Categorical Exemption pursuant to CEQA Guidelines 15301 Class 1 (Existing Facilities) is valid for one year from the effective date following final action by the City Council (10 working days following final action) and shall expire at the end of business on February 19, 2026, unless the use of the property in reliance on such conditional use permit approval has commenced prior to its expiration. Approvals of the Regular Coastal Permit (CP-24-0003), Conditional Use Permit (CUP 200061), and Categorical Exemption pursuant to CEQA Guidelines 15301 Class 1 (Existing Facilities) shall run coterminous.

2. Allowable Number of Events:
(a) Live Entertainment: Any live entertainment (inclusive of events with an MC, live musical instruments and/or vocalists) or amplified music events should not exceed eight (8) unique events (one per day) per year, subject to approval from the Community Development Director. Four of the eight shall only take place during the day time of the summer season.

The remaining four may take place throughout the calendar year. The applicant will adjust the speaker volume to 65 dB so that all sound which runs through the sound system/speakers is limited to 65 dB output, with no bass/low frequency; however, some sound originating directly from musical instruments or vocalists not using speakers might exceed this level. To help mitigate sound originating directly from musical instruments or vocalists, additional sound attenuation such as temporary sound absorbing panels shall be required for any event qualified in Category A (Live Entertainment or amplified music events). Building will comply with the acoustical study made by Acentech in order to mitigate noise disturbances and will provide a glass or glass-like clear parapet on west side of the building. Hours for outdoor amplified live entertainment are subject to modification and require prior notification to the surrounding residents within 100 feet. The applicant shall provide the surrounding residents ample notice prior to any live entertainment or amplified music event.
(b) Events with Solely Recorded Music at Controlled/Limited Volume (Music Inaudible Beyond Property Line): Any events utilizing solely recorded music shall not exceed 65 decibels within the property lines, and the music must not be audible beyond the property line. The music must be imperceptible to occupants of buildings neighboring the subject property. Microphones may not be used, except for announcements or speeches performed in a speaking voice (no yelling, shouting, or singing), the volume of any microphone must be controlled/limited at 65 decibels within the property lines, and the announcements/speeches must not be audible beyond the property line. These events (inaudible beyond the property lines) may not occur more often than a maximum of three (3) days per week, and the music and any announcement or speeches must not be perceptible beyond the property line. For purposes of calculating the number of days, any Live Entertainment events defined in Section 2(a) above shall be counted towards this 3- day per week maximum.
(c) Events with Low-Volume Restaurant-Style Ambient Music (Music Inaudible Beyond Property Line): Any events utilizing Low-Volume Restaurant-Style Ambient Music shall not exceed the level of music typically played in a restaurant setting, and the music must not be audible beyond the property line. The music must be imperceptible to occupants of buildings neighboring the subject property. Microphones may not be used. These events (inaudible beyond the property lines) may take place daily during the building’s approved hours of operation.

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(d) Events Without Music: Events without music do not require a live entertainment conditional use permit, and may take place daily during the building’s approved hours of operation under the existing previously-approved resolution.

3. Allowable Event Times:
(a) Live Entertainment: Live entertainment (inclusive of events with an MC, live musical instruments and/or vocalists)) and amplified music may only take place from 10:00 am to 8:00 pm Tuesday to Friday; 10:00 am to 9:00 pm Saturday; and 10:00 am to 7:00 pm Sunday.
(b) Events with Solely Recorded Music at Controlled/Limited Volume (Music Inaudible Beyond Property Line): These may only take place from 10:00 am to 8:00 pm Tuesday to Friday; 10:00 am to 9:00 pm Saturday; and 10:00 am to 7:00 pm Sunday. (c) Events with Low-Volume Restaurant-Style Ambient Music (Music Inaudible Beyond Property Line): These may only take place between 7:00 am to 10:00 pm. (d) Events Without Music: These may only take place between 7:00 am to 10:00 pm.

Hours and operation will be subject to review and modification by the Community Development Department, Public Safety Department, City Manager, and City Council as necessary.

4. Applicant may request an extension of hours of operation and service after a period of six months from the date of final approval. Hours of operation will be subject to review and modification by the City Manager, Community Development Department, Public Safety Department, and may be subject to the City Council. The City shall determine whether hours of operation may be extended, or whether the hours of operation shall be restricted further.

5. During category 2(a) live entertainment events (inclusive of events with an MC, live musical instruments and/or vocalists)) and amplified music, Applicant shall post a sign that says an event is in progress with the duration of the event, and any manager contact information.

6. Applicant shall ensure the location and volume of any speaker system shall be compliant with the Acoustical Analysis performed by Acentech dated October 30, 2024. Speakers must be at or near floor level and may not be elevated.

7. Applicant shall provide signage indicating location of off-site parking facilities.

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

9. Applicant shall provide a minimum of two (30 gallon) trash & and two (30 gallon) recycling receptacles within the property during events.

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10. Applicant shall provide at least one onsite event manager for all events while events are in progress (“Onsite Event Manager”), and an on-call property manager (onsite or offsite) (“Building Manager”). Building Manager information must be clearly posted and available 24/7. Onsite Event Manager name and contact information must be clearly posted during each event (including during setup and cleanup). The Onsite Event Manager must return any calls within 15 minutes and resolve any issues within 30 minutes. As a secondary contact point, the Building Manager must be available to address any issues as soon as possible after being contacted. All managers must comply with any and all conditions.

11. After events, applicant will ensure wait staff picks up any trash and/or debris. Vendors will have one hour for cleanup after each event finalizes.

12. Applicant shall ensure breakdown of equipment and/or furniture and supplies after any event must occur immediately after the conclusion of the event. Breakdown of equipment may take place the morning after to minimize disturbances. Equipment and/or furniture will be gathered, secured, and stored in such a manner that it is protected from wind damage and from movement due to wind.

13. Applicant shall ensure that security guard or onsite manager will monitor music levels frequently during events and adjust accordingly to ensure there are no neighborhood disturbances; if the music level is exceeded, the music volume must be lowered.

14. Applicant shall require a security guard or onsite manager during events and must ensure guests and sound/low-frequency effects are not impacting adjacent businesses or residential neighborhoods.

15. Applicant shall ensure all vendors and catering companies shall understand and sign rules and regulations stating that they are responsible for all cleanup relating to anything that they serve and any areas that they use, and any and all noise city regulations.

16. Applicant shall ensure beverage service providers understand and sign rules and regulations and be responsible for the cleanup of their area and for the consumption of alcoholic beverages and maintaining their license to serve, and any and all noise and city regulations.

17. Applicant shall ensure rules and regulations state that decibels of any live entertainment must not exceed 65 decibel for clients and vendors. Any non-live entertainment event or other use of the roof deck, inclusive of ambient music or otherwise may not be perceptible beyond the property line. As an additional mitigation measure, applicant will add a soundreduction clear/transparent glass or glass-like parapet on the east side of the roof deck that is similar to the glass parapet located on the west side of the roof deck. This parapet will not have gaps unless structurally necessary for wind shear load, and if there are gaps, such gaps will be covered during Category A (Live Entertainment or amplified music events) with materials approved from a state licensed structural engineer . To help mitigate sound originating directly from musical instruments or vocalists, additional sound attenuation such as temporary sound absorbing panels shall be required for any event qualified in Category A (Live Entertainment or amplified music events).

18. Any and all low frequency noise (i.e. bass) in recorded music is prohibited. Applicant shall ensure low frequency noise in recorded music will be controlled with sound equipment.

Glass (or glass-like) parapet will aid with noise mitigation to neighboring properties.

19. Applicant shall ensure all noise (i.e., speakers, low frequency vibrations, amplification, events, or otherwise) must be minimized to the maximum extent practicable so as to not negatively impact the neighborhood. Any speakers and other amplification shall be

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compliant with the recommendations in the Acoustical Analysis performed by Acentech dated October 30, 2024. Speakers must be at or near floor level and may not be elevated.

As an additional mitigation measure, applicant will add a sound-reduction clear/transparent glass or glass-like parapet on the east side of the roof deck that is similar to the glass parapet located on the west side of the roof deck. This parapet will not have gaps unless structurally necessary for wind shear load, and if there are gaps, such gaps will be covered during Category A (Live Entertainment or amplified music events) with materials approved from a state licensed structural engineer. To help mitigate sound originating directly from musical instruments or vocalists, additional sound attenuation such as temporary sound absorbing panels shall be required for any event qualified in Category A (Live Entertainment or amplified music events).

If any noise complaints are received for uses at the property, the City will verify the validity of the complaint with evidence to support the complainant’s claim (including verifiable facts such as volume and the source of any music), and applicant shall also investigate said complaint and mitigate any issues to the satisfaction of the City. The project must also meet Imperial Beach Municipal Code noise requirements (Imperial Beach Municipal Code

9.32 - Noise) at all times.

20. Applicant shall ensure lighting shall not have a negative effect on the existing neighborhood. All lighting shall be situated and adjusted to shine only on the subject property or be low intensity lighting such as string lights or dim mood lights. If the property receives complaints related to lighting, the applicant shall investigate said complaint and mitigate any issues (adjustment, shades, removal of light, etc.) to the satisfaction of the City.

21. Applicant shall ensure emergency exits and exit lighting are installed and maintained in good working condition.

22. Applicant shall ensure the maximum allowable occupant load is not exceeded at any time.

The maximum allowable occupant load shall be calculated using the California Fire Code, as adopted by the Imperial Beach municipal code, and is subject to modification by the Fire Marshal if deemed necessary to preserve life safety.

23. Applicant shall ensure the access to the business/building/site is ADA compliant.

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

25. Applicant shall ensure any user of the space or vendor at the facility who provides alcoholic beverages is required to be consistent with the Alcoholic Beverage Control license.

26. Applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees and costs incurred by the City and any claim for private attorney general fees and costs claimed by or awarded to any party against the City or its agents officers or employees against the City or its agents, officers, or employees, relating to the approval of the project (USE-24-0029) including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision (including Regular Coastal Permit (CP-24-0003) and Conditional Use Permit (CUP-24-0002), and CEQA Categorical Exemption), including any claims for violation of the Public Records Act or discovery law arising from and with respect to litigation involving these approvals (collectively "Development Approvals"). The City will promptly notify applicant of any claim, action or proceeding concerning the Development

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Approvals. ("Notification of Claim"). The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of such election applicant shall pay all of the costs related thereto including without limitation attorney's fees and costs incurred by the City. In the event of a disagreement between the City and applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant shall not be required to pay or perform any settlement unless such settlement is first approved by applicant. The owner or owner's representative shall read, understand, and accept the conditions listed herein and shall, within 30 days, return the signed Affidavit accepting said conditions.

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

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

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

30. Prior to tenant occupancy, the applicant must coordinate and create a plan with City safety staff for all proposed deliveries to the site. City safety staff approval will not be unreasonably withheld, conditioned, or delayed, and any restrictions will be nondiscriminatory and no more restrictive or onerous than restrictions placed on other retail uses in the City.

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.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its meeting held on the 19th day of February 2025, by the following vote:

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AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

NONE

PALOMA AGUIRRE, MAYOR
ATTEST:

JACQUELINE M. KELLY, MMC

CITY CLERK

1 951 SEACOAST DRIVE IMPERIAL BEACH, CA 91932

BUSINESS SUMMARY
I. Description of Business Operations
The proposed Conditional Use Permit space will be located on the third floor of the building located at 951 Seacoast Dr. Imperial Beach, CA 91932. The proposed space has a total floor area of 2,216 square feet and the building has a parcel size of 6,709 square feet.

The proposed space will function mostly as a private event space for wedding events, birthday parties, corporate events, retirement parties, bridal/baby showers, military retirement gathering, and other events. However, the space will also function as a semipublic space at certain times and occasions. The Applicant envisions the space being available for members of the Imperial Beach community to attend semi-public events.

These may include morning yoga classes, an annual Fourth of July celebration, arts festivals, events honoring community members for business, entrepreneurial, and academic achievements, and other similar gatherings.

Additionally, the Applicant strongly believes that hosting private or semi-public events will enhance the community’s overall well-being. This beautiful space will provide opportunities for social gatherings and attract guests from out of town to discover IB, thus boosting the area’s economy and the public’s awareness of what Imperial Beach has to offer. This space can help attract new visitors to our amazing beach town.

Practically, the business will function in that once the Applicant has made an agreement with a customer, the customer will sign a contract with the Applicant for each event which will set forth the vendors, party planners, flower companies, caterers, entertainment, and so forth for each event. Once the customer signs the contract and agrees to the business’s Terms and Conditions, the customer will be responsible for the set-up, food, drinks, entertainment and the like.

Prior to each event, the Applicant will check that all required permits are up to date. Further, the contract will set forth that each customer has all required permits and licenses to participate in the event, including any food and liquor. Additionally, each contract between the Applicant and the customer will set forth that the Applicant, City of Imperial Beach, and other designated parties must be added as an Additional Insured on the insurance policies of all vendors who may participate in any given event. This will ensure the space, the City of Imperial Beach, and the Applicant will be insured in the case of any legal liability.

ATTACHMENT 2 Page 135 of 180
2 The Applicant will employ an event manager who will oversee all aspects of each event. The event manager will work in conjunction with all the professionals at each event to ensure the event’s success and compliance with City requirements. Based on this model, each customer and vendor will be liable only for the services which they are providing. In the experience of the Applicant, this is the standard business practice for similar venues in the area which host similar events.

II. Description of Hours of Operation
For the purposes of this summary, we must distinguish between Live Entertainment, Recorded Music, Restaurant-Style Ambient Music, and gatherings without music. a. Live Entertainment: Any live entertainment (inclusive of events with an MC, live musical instruments and/or vocalists). The applicant will adjust the speaker volume to 65 dB so that all sound which runs through the sound system/speakers is limited to 65 dB output, with no bass/low frequency. See mitigation measures in Section V.
b. Solely Recorded Music at Controlled Volume (Inaudible beyond property line): involves previously recorded tracks played over speakers, which would not be audible from outside the property and complies with the Noise Ordinance. Music shall not exceed 65 decibels within the property lines, and the music will not be audible beyond the property line. Microphones may not be used, except for announcements or speeches performed in a speaking voice (no yelling, shouting, or singing), the volume of any microphone will be controlled/limited at 65 decibels within the property lines, and the announcements/speeches will not be audible beyond the property line. c. Restaurant-Style Ambient Music (Inaudible Beyond Property Line): Events utilizing Low-Volume Restaurant-Style Ambient Music shall not exceed the level of music typically played in a restaurant setting, and the music must not be audible beyond the property line. The music must be imperceptible to occupants of buildings neighboring the subject property. Microphones may not be used
d. Gatherings without music
The Applicant proposes the following Hours of Operation:

A. Live Entertainment: 10:00 am to 8:00 pm Tuesday to Friday, 10:00 am to 9:00 pm Saturday and 10:00 am to 7:00 pm Sunday.

B. Recorded Music at Controlled/Limited Volume (Inaudible Beyond Property Line):

These may only take place from 10:00 am to 8:00 pm Tuesday to Friday, 10:00 am to 9:00 pm, Saturday and 10:00 am to 7:00 pm Sunday.

C. Events with Low-Volume Restaurant-Style Ambient Music (Music Inaudible Beyond Property Line): These may only take place between 7:00 am to 10:00 pm.

D. Events Without Music: These may only take place between 7:00 am to 10:00 pm.

3 * One additional hour to be used solely for cleanup, soundcheck no earlier than 09:30 am.

For example, a military retirement party event with Recorded Music with MC may be open to the customer for set-up beginning at 9:00am for an event which will last from 10:00am5:00pm. In this example the event would be over at 6:00pm following an hour of clean-up.

As a second example, a baby shower breakfast event with Restaurant-Style Ambient Music may be open to the customer for set-up beginning at 9:00am for an event which will last from 10:00am-1:00pm. In this example the event would be over at 2:00pm following an hour of clean up.

As a third example, a wedding event with Live Music may be open to the customer for set-up beginning at 2:00pm for an event which will last from 4:00 pm-9:00pm on a Saturday. In this example the event would be over at 10:00pm following an hour of clean up.

However, it is important to clarify that the venue will only host gatherings with Live Music or Recorded Music with MC a limited number of days per week. The other days, the venue will not be in use other than semi-public gatherings or general restaurant-style seating.

The applicant proposes the following limits to the number of gatherings:

A. Live Entertainment: Should not exceed eight (8) unique events (one per day) per year, subject to approval from the Community Development Director. Four of the eight shall only take place during the day time of the summer season. The remaining four may take place throughout the calendar year B. Recorded Music (Inaudible Beyond Property Line): These events (inaudible beyond the property lines) may not occur more often than an average of three (3) days per week, and the music and any announcement or speeches must not be perceptible beyond the property line. For purposes of calculating the number of days, any Live Entertainment events defined in Section (a) above shall be counted towards this 3-day average.

C. Restaurant-Style Ambient Music (Inaudible Beyond Property Line): These events (inaudible beyond the property lines) may take place daily during the building’s approved hours of operation.

D. Gatherings without music: Events without music do not require a live entertainment conditional use permit, and may take place daily during the building’s approved hours of operation under the existing previously-approved resolution.

4 For semi-public use purposes, the Applicant contemplates making the space available so that members of the community can use the space for a community building purpose, such as yoga classes, holiday celebrations, breakfast with the Mayor, birdwatching and other specific gatherings. The Applicant will establish reasonable rules and requirements for such semi-public use, including responsible sponsor identity, occupancy maximums, supervision, insurance, reduced fees or no fees for certain types of use, and similar requirements.

III. Description of How the Business Will be Compatible with the Neighborhood The proposed CUP will be compatible with the neighborhood. Firstly, the zoning of the building is the same as the surrounding properties. The venue and the surrounding properties are zoned for C/MU-2 (Seacoast Commercial & Mixed use) which includes permitted uses such commercial and recreation businesses:
“Located in C/MU-2 Seacoast commercial and mixed-use:

Provides for land to meet the demand for goods and services required primarily by the tourist population, as well as local residents who use the beach area. It is intended that the dominant type of commercial activity in this designation will be visitor-serving retail such as specialty stores, surf shops, restaurants, hotels and motels, etc. […]”
The applicant will post a reminder sign at the exit, asking guests to be mindful of noise as they leave, given the proximity to residential areas.

The parking requirements for the building, including using the rooftop for gatherings with or without music, have already been approved under the existing resolution.

The city’s resolution for the property specifies only that we provide clear signage indicating the nearest parking and public transit options, as well as including surfboard and bicycle racks to help reduce the carbon footprint. The building contains this guidance already and has fulfilled these requirements.

To further assist attendees, we can include a map of nearby parking and bus stops on the property’s website, as well as encourage rideshare use.

IV. Requested Waivers
The Applicant has requested waivers of review by the Site Plan Review Board and the Design Review Board in conjunction with this application.

5 V. How Live Entertainment Will Comply with Imperial Beach RESO 2022-78 Live entertainment at the venue will comply with RESO 2022-78 in the following ways:
• The proposed development conforms to the certified local coastal plan including coastal land use policies.
• That the proposed use is necessary or desirable to provide a service or facility which will contribute to the general well-being of the neighborhood or community.
• That the use will not, under the circumstances of the particular use, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity. • That the proposed use will comply with the regulations and conditions specified in this title for the use and for other permitted uses in the same zone; and
• That the granting of the conditional use permit will be in harmony with the purpose and intent of the zoning code, the adopted General Plan and the adopted Local Coastal Program.

Specifically, the applicant will follow recommendations made on the acoustic analysis made by Acentech in order not to disturb neighbors and comply with the applicable noise ordinance:

1. Reducing lower bass frequencies from our model’s hypothetical speaker arrangement, thus lessening the contributions of bass frequencies to the project’s sound level emissions (this would be realized in the finished project by use of an equalizer);

2. Extending the length and/or height of the rooftop parapet such that it matches the height of the nearby roof and/or extends around the building’s southeastern rooftop corner and beyond that point for a distance of approximately 7.5 feet;

3. Speakers must be at or near floor level and may not be elevated

4. Limiting the volume for all speakers to be no more than 65 dBA at 3 feet in front of any speaker (this would be adjusted, as required, in the finished project to maintain code compliance);

5. To help mitigate sound originating directly from musical instruments or vocalists, additional sound attenuation such as temporary sound absorbing panels shall be required for any event qualified in Category A (Live Entertainment or amplified music events).

6 With these mitigation measures in place, the resulting estimated sound pressure levels at each of the short-term measurement locations are consistent with the benchmark limits stated previously. Mitigation measures with respect to any audio-visual equipment will need to be calibrated onsite, in real time, to ensure that the project complies with the Imperial Beach noise ordinance. Figure 5 shows the modelled propagation of sound with the mitigation measures in place in the form of equal-noise contours. This demonstrates compliance with Chapter 9.32 of the noise ordinance.

If any noise complaints are received for uses at the property, the City will verify the validity of the complaint with evidence to support the complainant’s claim (including verifiable facts such as volume and the source of any music), and applicant shall also investigate said complaint and mitigate any issues to the satisfaction of the City. The project must also meet Imperial Beach Municipal Code noise requirements (Imperial Beach Municipal Code 9.32 - Noise) at all times.

VI. Lighting

7 Lighting shall not have a negative effect on the existing neighborhood. All lighting shall be situated and adjusted to shine only on the subject property or be low intensity lighting such as string lights or dim mood lights. If the property receives complaints related to lighting, the applicant shall investigate said complaint and mitigate any issues.

VII. Property Management
Applicant to provide at least one onsite event manager for all events while events are in progress (“Onsite Event Manager”), and an on-call property manager (onsite or offsite) (“Building Manager”). Building Manager information must be clearly posted and available 24/7. Onsite Event Manager name and contact information must be clearly posted during each event (including during setup and cleanup). The Onsite Event Manager must return any calls within 15 minutes and resolve any issues within 30 minutes. As a secondary contact point, the Building Manager must be available to address any issues as soon as possible after being contacted. All managers must comply with any and all conditions.

Security guard or onsite manager is mandatory during events and must ensure guests and sound/low-frequency effects are not impacting adjacent businesses or residential neighborhoods.

Security guard or onsite manager will monitor music levels frequently during events and adjust accordingly to ensure there are no neighborhood disturbances; if the music level is exceeded, the music volume must be lowered.

VIII. Additional Remarks
- Loading and Unloading
Prior to tenant occupancy, the applicant must coordinate and create a plan with City safety staff for all proposed deliveries to the site. City safety staff approval will not be unreasonably withheld, conditioned, or delayed, and any restrictions will be nondiscriminatory and no more restrictive or onerous than restrictions placed on other retail uses in the City.
- Event Breakdown
Breakdown of equipment and/or furniture and supplies after any event must occur immediately after the conclusion of the event. Breakdown of equipment may take place

8 the morning after to minimize disturbances. Equipment and/or furniture will be gathered, secured, and stored in such a manner that it is protected from wind damage and from movement due to wind.

After events, applicant will ensure wait staff picks up any trash and/or debris. Vendors will have one hour for cleanup after each event finalizes.

BOSTON | LOS ANGELES | PHILADELPHIA | CHARLOTTESVILLE
HQ: 33 Moulton Street | Cambridge, MA 02138 | acentech.com October 30, 2024
Juan Carlos Letayf
RC Commercial Holdings
941 Orange Ave #337
Coronado, CA 92118
Via Email: [email protected]
Subject: Rooftop Event Deck Study
Seacoast Market Place, Imperial Beach, CA
Project Number J638180
Dear Juan Carlos,
On July 19, 2024, Acentech conducted environmental sound measurements at the site of the Seacoast Market Place project located at 951 Seacoast Drive in Imperial Beach, California. These measurements were to inform a community noise study of the project’s planned rooftop event deck programming for purposes of ensuring compliance with applicable noise regulations. Outlined in this report are the results of this study and corresponding sound control recommendations as needed to meet regulatory limits at the site.

APPLICABLE NOISE ORDINANCE
The Seacoast Market Place project is subject to the regulations of the City of Imperial Beach, California.

These regulations are detailed in the City of Imperial Beach Code of Ordinances, Chapter 9.32 “Noise.” There are no known state or federal regulations of noise emissions that apply to this project.

The Imperial Beach noise ordinance places no quantitative restrictions on building noise emissions, stating only that noise that is audible at 50 feet from its building, structure, or vehicle of origin will be considered a prima facie violation of the ordinance.

In order to translate this regulatory requirement into quantitative terms for purposes of this study, we followed design parameters accepted by industry standards and other California counties that dictate sound levels of at least 6 decibels (dB) below another coexistent sound level will not increase the total sound level at that location. This meant that we set noise emissions goals for the project to be 6 dB below the ambient noise levels measured when visiting the site.

STUDY METHODOLOGY
Acentech’s measurements for this study were taken using calibrated Brüel and Kjær 2250 sound level meters, which are Class 1 sound level meters per the International Electrotechnical Commission (IEC).

The measurement setup consisted of one continuously sampling 2250 meter, which operated from 4:00 pm to midnight on July 19, 2024; and a handheld 2250 meter used to collect both short-term daytime and nighttime ambient noise levels at various locations around the project site on the same day.

The continuously operating sound level meter was located on the roof of the Seacoast Market Place building—Figure 1 in the Appendix is a photograph of the rooftop 2250 in its operating configuration.

Figure 2 in the Appendix shows the position of project’s rooftop 2250 sound level meter, along with markers for all of Acentech’s short-term, handheld measurement locations. All locations were selected because they were at, or representative of, either the project’s own property lines or the property lines of ATTACHMENT 3

ATTACHMENT 3

ATTACHMENT 3

Seacoast Market Place Community Noise Study, J638180
October 30, 2024

ACENTECH
ACOUSTICS | TECHNOLOGY | VIBRATION

APPENDIX
Figure 1: Installation photo of the rooftop continuous monitoring 2250 sound level meter at 951 Seacoast Dr.

ATTACHMENT 3

ATTACHMENT 3

ATTACHMENT 3

Seacoast Market Place Community Noise Study, J638180
October 30, 2024

ACENTECH
ACOUSTICS | TECHNOLOGY | VIBRATION
Figure 4: Three-dimensional (3-D) view of the project site generated within the CadnaA software, including the recommended extended parapet. Red “plus signs” represent proposed speaker locations.

ATTACHMENT 3

Seacoast Market Place Community Noise Study, J638180
October 30, 2024

ACENTECH
ACOUSTICS | TECHNOLOGY | VIBRATION
Figure 5: Sound contour lines with mitigation measures in place. Sound receiver heights are set to 1.5 m. Red plus signs indicate proposed speaker locations. Blue line at building edge represents the fully extended/raised parapet.

ATTACHMENT 3

SPEAKER LAYOUT EXAMPLE 1 ATTACHMENT 4

SPEAKER LAYOUT EXAMPLE 2

ATTACHMENT 5

*For reference only

1 [3'-3.37"] 0.33 [1'-1.15"] 1.1 [3'-7.31"] 0.95 [3'-1.40"] 0.68 [2'-2.77"] 0.68 [2'-2.77"] SIDE PLANT SIDE FRONTAL LATER 0.6 [1'-11.62"] 3 [9'-10.11"] 0.25 [9.84"] KEYNOTES THE BLOCKS MADE IN THIS PLAN ARE ONLY REPRESENTATIVE, THE MEASUREMENTS WILL VARY ACCORDING TO THE MEASUREMENTS PROVIDED BY THE CLIENT. REVIEW THE MEASURES INDICATED ON THIS MAP WITH THE AUDITORIAL PHYSICALLY. THIS DISTRIBUTION WAS PREPARED ON THE BASIS OF FILES PROVIDED BY THE CUSTOMER. DN STAIR 3 ST-03 ELEV. ROOM303 9.3 [30'-6.19"] 2.69 [8'-9.97"] 6.5 [21'-3.90"] 11.29 [37'-0.63"] 0.6 [1'-11.62"] 3 [9'-10.11"] 0.25 [9.84"] 1.19 [3'-10.69"] 1.1 [3'-7.31"] 1.1 [3'-7.31"] 1.1 [3'-7.31"] 1.1 [3'-7.31"] 1.1 [3'-7.31"] 1.1 [3'-7.31"] 1.1 [3'-7.31"] 1.8 [5'-10.87"] 1.5 [4'-11.06"] 0.9 [2'-11.43"] 0.9 [2'-11.43"] 1.19 [3'-10.85"] 1.1 [3'-7.31"] ATTACHMENT 6 Page 155 of 180 DN STAIR 3 ST-03 ELEV. ROOM303 9.3 [30'-6.19"] 2.69 [8'-9.97"] 6.5 [21'-3.90"] 11.29 [37'-0.63"] 0.6 [1'-11.62"] 3 [9'-10.11"] 0.25 [9.84"] 0.6 [1'-11.62"] 3 [9'-10.11"] 0.25 [9.84"] KEYNOTES THE BLOCKS MADE IN THIS PLAN ARE ONLY REPRESENTATIVE, THE MEASUREMENTS WILL VARY ACCORDING TO THE MEASUREMENTS PROVIDED BY THE CLIENT. REVIEW THE MEASURES INDICATED ON THIS MAP WITH THE AUDITORIAL PHYSICALLY. THIS DISTRIBUTION WAS PREPARED ON THE BASIS OF FILES PROVIDED BY THE CUSTOMER. 0.87 [2'-10.38"] 0.94 [3'-1.00"] 0.95 [3'-1.40"] 0.95 [3'-1.40"] 0.95 [3'-1.47"] 1 [3'-3.47"] 1.49 [4'-10.50"] 1.24 [4'-0.82"] 0.4 [1'-3.75"] Page 156 of 180 DN STAIR 3 ST-03 ELEV. ROOM303 9.3 [30'-6.19"] 2.69 [8'-9.97"] 6.5 [21'-3.90"] 11.29 [37'-0.63"] 0.6 [1'-11.62"] 3 [9'-10.11"] 0.25 [9.84"] 0.6 [1'-11.62"] 3 [9'-10.11"] 0.25 [9.84"] KEYNOTES THE BLOCKS MADE IN THIS PLAN ARE ONLY REPRESENTATIVE, THE MEASUREMENTS WILL VARY ACCORDING TO THE MEASUREMENTS PROVIDED BY THE CLIENT. REVIEW THE MEASURES INDICATED ON THIS MAP WITH THE AUDITORIAL PHYSICALLY. THIS DISTRIBUTION WAS PREPARED ON THE BASIS OF FILES PROVIDED BY THE CUSTOMER. 0.8 [2'-7.50"] 0.8 [2'-7.50"] 0.73 [2'-4.74"] 0.73 [2'-4.74"] 0.9 [2'-11.43"] 1.71 [5'-7.50"] 0.7 [2'-3.56"]0.37 [1'-2.61"] Page 157 of 180 P a g e | 1
February 19, 2025
ITEM TITLE: ADOPTION OF RESOLUTION 2025-008 TO SUPPORT SB 10 OTAY MESA EAST TOLL FACILITY ACT. (0460-20)
ORIGINATING DEPARTMENT:

Mayor
EXECUTIVE SUMMARY:

The California State Route 11/Otay Mesa East Port of Entry (OME POE) project, managed by the San Diego Association of Governments (SANDAG), proposes to create a new, modern land port of entry for the San Diego-Baja California region. However, negative environmental impacts continue to grow affecting the daily quality of life for residents near the U.S. Southwestern Border.

The ongoing degradation of environmental and public health conditions represents unacceptable and untenable living conditions for Imperial Beach and adjacent South San Diego County communities. At the August 21, 2024 City Council meeting, the City Council requested the preparation of the resolution demanding the creation of a long-term Tijuana River Valley Mitigation Fund and Management Board. This fund, financed by revenues generated by the opening and on-going management of the OME POE, would be dedicated to the mitigation and restoration of the Tijuana River Valley and adjoining lands for the long-term benefit of Imperial Beach residents and neighboring areas. At the September 4, 2024 City Council meeting, the City Council unanimously passed Resolution No. 2024-064 requesting immediate action from SANDAG to establish this long-term mitigation fund from the California State Route 11/Otay Mesa East Port of Entry project and provided authorization to send a letter to California State representatives requesting legislative amendments to support this initiative. For the 2025-2026 legislative session, State Senator Stephen C. Padilla has introduced Senate Bill 10 – Otay Mesa East Toll Facility Act – to expressly authorize funds from the new toll road to be used for water treatment, environmental mitigation, and restoration of the Tijuana River Valley to help address the sewage crisis and benefit residents of Imperial Beach and South San Diego County.

RECOMMENDATION:

That the City Council adopt Resolution No. 2025-008 (Attachment 1) to support the passage of Senate Bill 10 – Otay Mesa East Toll Facility Act; direct staff to submit a position letter to the relevant state legislative committees; and authorize the Mayor sign a letter of support on behalf of the City Council supporting this legislation on behalf of the City.

OPTIONS:
 Adopt Resolution 2025-008; or

P a g e | 2
 Adopt Resolution 2025-008 with modifications; or
 Reject Resolution; or
 Request additional information and an additional report.

BACKGROUND/ANALYSIS:

At the August 21, 2024, City Council meeting, the City Council received a presentation from the San Diego Association of Governments (SANDAG) on the California State Route 11 (SR 11)/Otay Mesa East Port of Entry project (OME POE). The OME POE project proposes to create a new, modern land port of entry for the San Diego-Baja California region. Using state-of-art technologies, the OME POE is intended to improve mobility and air quality in the border region, while fostering economic growth and binational trade. The project includes a new four-lane toll road along SR 11, connecting directly to the OME POE, and a commercial vehicle enforcement facility. This is a joint venture between SANDAG and Caltrans, in collaboration with state and federal partners in the U.S. and Mexico.

Mexico is California’s number one trading partner, driving commerce and economic opportunity throughout the San Diego-Baja California binational region. The OME POE, complemented by Mesa de Otay II Port of Entry on the Mexican side, is expected to reduce border crossing wait times by providing a relief valve across the other San Diego land ports of entry. The 2021 Regional Plan includes strategies, transportation services, and technology solutions to improve travel times to and through the new POE.

Following the presentation, the City Council discussed the negative environmental and public health impacts associated with transboundary pollution. Concerns were raised about the expansion and intensification of border activities, transportation, and construction along the border, which could exacerbate transboundary pollution and sewage flows affecting the border and adjacent communities.

The City Council also discussed the legislative tolling setup for the OME POE. California State legislation designates the SANDAG Board of Directors as the toll authority (Attachment 2 - Senate Bill 1486 – Otay Mesa East Toll Facility Act). The toll authority establishes the rates of the tolls, based on a traffic and revenue study. The City Council requested that a fee be established from these toll revenues, earmarked for transboundary mitigation, specifically for wastewater infrastructure and related projects within the United States to address the sewage crisis. The Council was informed that establishing such an earmark would require a modification to State legislation to allow for broader authority for use of the collected fees.

The City Council directed staff to prepare a resolution demanding that SANDAG establish a longterm Tijuana River Valley Mitigation Fund and Management Board, based on revenues generated by the opening and management of OME POE. These funds would be dedicated to mitigating and restoring the Tijuana River Valley and adjoining lands for the long-term benefit of the residents of Imperial Beach and neighboring areas. Additionally, the City Council authorized the preparation of a letter that would be sent to California State representatives requesting legislative amendments to allow for a long-term mitigation fund from the revenues generated by OME POE to be ear-marked for mitigation and restoration of the Tijuana River Valley and adjoining lands by way of wastewater infrastructure and related projects to address the sewage crisis and benefit of the residents of Imperial Beach and neighboring areas.

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At the September 4, 2024 City Council meeting, the City Council unanimously passed Resolution No. 2024-064 requesting immediate action from SANDAG to establish this long-term mitigation fund from the California State Route 11/Otay Mesa East Port of Entry project and provided authorization to send a letter to California State representatives requesting legislative amendments to support this initiative.

Resolution No. 2025-008 supports the passage of Senate Bill 10 – Otay Mesa East Toll Facility Act, which would expressly authorize funds from the new toll road to be used for water treatment, environmental mitigation, and restoration of the Tijuana River Valley to help address the sewage crisis and benefit residents of Imperial Beach and South San Diego County. The resolution also authorizes submitting a support letter to relevant California legislative committees where the bill will be considered.

ENVIRONMENTAL DETERMINATION:

Not a project as defined by CEQA.

FISCAL IMPACT:

None.

ATTACHMENTS:

ATT 1 – Resolution No. 2025-008
ATT 2 – Senate Bill 10 – Otay Mesa East Toll Facility Act

ATTACHMENT 1
RESOLUTION NO. 2025-008

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, SUPPORTING THE OTAY MESA EAST TOLL FACILITY ACT (SENATE BILL 10) WHEREAS, the City of Imperial Beach and neighboring communities within South San Diego County have endured the worst effects of transboundary pollution from Mexico as billions of gallons of raw sewage and industrial waste have flowed into the Tijuana River for years; and WHEREAS, emerging research from teams from San Diego State University and the University of California San Diego have found a growing body of evidence showing dangerous water quality and concerning levels of toxic gasses has caused tens of thousands of illnesses in the region; and
WHEREAS, key drivers of the pollution causing this transboundary crisis is a massive expansion of manufacturing across the border in Mexico that led to the creation and construction of a new land port of entry for the San Diego-Baja California region – The Otay Mesa East Port of Entry; and
WHEREAS, the Otay Mesa East Port of Entry would create a new four-lane toll road along State Route 11 and is a joint venture between the San Diego Association of Governments (SANDAG) and Caltrans along with state and federal partners in the U.S. and Mexico; and WHEREAS, on September 4, 2024 the Imperial Beach City Council unanimously approved Resolution No. 2024-064 to request immediate action from SANDAG to establish a long-term Tijuana River Valley Mitigation Fund and Management Board for the California State Route 11/Otay Mesa East Port of Entry project; and
WHEREAS, the City of Imperial Beach sent a letter to California representatives requesting legislative amendments necessary to facilitate the creation of a mitigation fund; and WHEREAS, State Senator Stephen C. Padilla has introduced Senate Bill 10 – The Otay Mesa East Toll Facility Act – to expressly authorize funds from the new toll road to be used for water treatment, environmental mitigation, and restoration of the Tijuana River Valley to help address the sewage crisis and benefit residents of Imperial Beach and South San Diego County.

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

1. That the City Council supports Senate Bill 10 – The Otay Mesa East Toll Facility Act; and

2. That the City Council directs staff to submit a position letter to the relevant state legislative committees; and

3. That the Mayor is authorized to sign a letter of support on behalf of the City Council supporting this legislation on behalf of the City.

Resolution No. 2025-008

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its meeting held on the 19th day of February 2025, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

PALOMA AGUIRRE, MAYOR
ATTEST:

JACQUELINE M. KELLY, MMC

CITY CLERK

SENATE BILL No. 10
Introduced by Senator Padilla
December 2, 2024
An act to amend Section 31475 of the Streets and Highways Code, relating to transportation.
legislative counsel’s digest
SB 10, as introduced, Padilla. Otay Mesa East Toll Facility Act: toll revenues: environmental mitigation.

The Otay Mesa East Toll Facility Act authorizes the San Diego Association of Governments (SANDAG) to carry out a construction project for the State Highway Route 11 corridor, including, among other things, highway improvements and international border crossing facilities, to be operated as a toll facility. Existing law authorizes SANDAG to fix and revise from time to time and charge and collect tolls and other charges for entrance to or the use of the corridor, as provided. Existing law authorizes toll revenues to be used for specified costs, including, among other things, payments of a cooperative tolling agreement with the federal government of Mexico.

This bill would authorize those toll revenues to additionally be used for environmental mitigation and restoration of the Tijuana River Valley and adjoining lands, as specified.

This bill would make legislative findings and declarations as to the necessity of a special statute for the County of San Diego.

Vote: majority. Appropriation: no. Fiscal committee: yes.

State-mandated local program: no.
99 ATTACHMENT 2

The people of the State of California do enact as follows:
line 1 SECTION 1. The Legislature finds and declares all of the line 2 following:
line 3 (a)  The Tijuana River Valley has been a longstanding site of line 4 significant environmental degradation due to cross-border line 5 pollution, including untreated sewage, industrial waste, and other line 6 contaminants that flow from Tijuana, Mexico, into the United line 7 States of America.
line 8 (b)  According to the Department of Parks and Recreation, the line 9 Tijuana River National Estuarine Research Reserve is the largest line 10 coastal wetland and one of the few remaining salt marshes in line 11 southern California.
line 12 (c)  This pollution severely impacts communities in California, line 13 particularly the City of Imperial Beach, and other nearby line 14 neighborhoods in the County of San Diego. These areas are line 15 experiencing elevated rates of respiratory illnesses, gastrointestinal line 16 diseases, and skin conditions linked to exposure to contaminated line 17 water and air.
line 18 (d)  The rapid economic expansion in the border region, driven line 19 in part by trade agreements such as the United
line 20 States-Mexico-Canada Agreement (USMCA), has resulted in line 21 increased industrial production, cross-border transportation, and line 22 waste generation, exacerbating pollution in the Tijuana River line 23 Valley.
line 24 (e)  The life cycle of many products manufactured in the region, line 25 including electronics, textiles, and consumer goods, contributes line 26 to environmental degradation at every stage, from raw material line 27 extraction to production, transport, use, and disposal. Many of line 28 these products are produced in factories that discharge untreated line 29 waste into the Tijuana River or adjacent lands. line 30 (f)  The health and safety of residents and visitors to the Tijuana line 31 River Valley and surrounding communities are of paramount line 32 importance. The Legislature acknowledges the severe public health line 33 risks posed by ongoing pollution in the region and recognizes the line 34 need for a permanent funding source to provide resources to line 35 mitigate the crisis.
line 36 (g)  Pursuant to the Utilization of waters of the Colorado and line 37 Tijuana Rivers and of the Rio Grande Treaty of 1944 between the line 38 United States of America and Mexico, the International Boundary 99 SB 10 — 2 —

line 1 and Water Commission (IBWC) gained status as an international line 2 body to resolve water quality issues related to transboundary line 3 pollution from border rivers and streams.
line 4 (h)  In 1996, the United States Section of the IBWC (USIBWC) line 5 used funding from the United States Environmental Protection line 6 Agency to build the South Bay International Wastewater Treatment line 7 Plant (SBIWTP). The plant is permitted to treat up to 25,000,000 line 8 gallons per day of raw sewage and other waste water. line 9 (i)  Due to unchecked expansion leading to unexpectedly high line 10 flows, the SBIWTP has become overwhelmed and left only line 11 partially operational in need of critical repairs. According to the line 12 IBWC, 100,000,000,000 gallons of untreated sewage and other line 13 pollutants have been dumped into the Tijuana River in the past line 14 five years.
line 15 (j)  The USIBWC and the Mexico Section of the IBWC (La line 16 Comision Internacional de Limites y Aguas or “CILA”) entered line 17 into an agreement called the “Comprehensive Infrastructure line 18 Solution,” which identified targeted infrastructure projects on both line 19 sides of the boarder. The latest cost estimate from the IBWC for line 20 implementation of this agreement is now $900,000,000, which line 21 would repair and expand the capacity of the facility but does not line 22 include maintenance.
line 23 (k)  In July 2020, Congress appropriated $300,000,000 through line 24 the USMCA to mitigate the transboundary flows through expansion line 25 of the existing SBIWTP.
line 26 (l)  In 2024, Congress appropriated $156,000,000 as a part of line 27 the 2024 appropriations bill. However, there has been no ongoing line 28 funding source appropriated to maintain operations of the SBIWTP. line 29 (m)  The appropriation of an ongoing and reliable funding source line 30 is critical to the health and safety of the residents of the southern line 31 portion of the County San Diego.
line 32 (n)  Funds from the toll collected at the proposed East Otay Mesa line 33 may be used to address water and air pollution and used to offset line 34 the financial obligations to the IBWC from the federal government. line 35 SEC. 2. Section 31475 of the Streets and Highways Code is line 36 amended to read:
line 37 31475. (a)  Toll revenues under this chapter may be used to line 38 reimburse or finance the costs incurred in connection with the line 39 implementation, construction, maintenance, or operation of a line 40 project, including reimbursement of federal funds specifically 99 — 3 — SB 10

line 1 allocated to SANDAG for a project or projects by the federal line 2 government or other funds from funding sources that are not line 3 otherwise available to state agencies for transportation-related line 4 projects. SANDAG shall be reimbursed for administrative costs line 5 in an amount that shall not exceed 3 percent of toll revenues under line 6 this chapter.
line 7 (b)  Toll revenues shall be used to pay for costs in the following line 8 categories:
line 9 (1)  Payments pursuant to bonds and resolutions, indentures, and line 10 other constituent instruments defining the rights of the holders of line 11 bonds and any repayment or reimbursement obligations of line 12 SANDAG to any providers of bond insurance or letters of credit line 13 or lines of credit related to bonds.
line 14 (2)  SANDAG costs for operations, toll collection, and line 15 administration of the projects.
line 16 (3)  Reimbursement or payment to federal, state, and local line 17 agencies for costs incurred by or payable to those agencies for line 18 services, equipment, goods, fixtures, operation, maintenance, line 19 personnel, or software provided to or in furtherance of a project line 20 that are reimbursable pursuant to a written agreement between line 21 SANDAG and the respective agency.
line 22 (4)  Costs for capital improvements to repair or rehabilitate a line 23 project, to expand project capacity, to improve project operations, line 24 or to increase public transit and nonmotorized options in the line 25 corridor.
line 26 (5)  Costs for projects that increase transportation options along line 27 the corridor or at the Otay Mesa East Port of Entry, including, but line 28 not limited to, public transit and nonmotorized transportation that line 29 would result in reduced vehicle miles traveled, pursuant to the plan line 30 approved by the board pursuant to subdivision (b) of Section 31476 line 31 that specifies the expenditure of toll revenues. line 32 (6)  Payments pursuant to an agreement under Section 31483. line 33 (7)  Costs associated with environmental mitigation and line 34 restoration of the Tijuana River Valley and adjoining lands by line 35 way of wastewater infrastructure and related projects to address line 36 the sewage crisis and benefit of the residents of the southern line 37 portion of the County of San Diego.
line 38 SEC. 3. The Legislature finds and declares that a special statute line 39 is necessary and that a general statute cannot be made applicable line 40 within the meaning of Section 16 of Article IV of the California 99 SB 10 — 4 —

line 1 Constitution because of the unique need of the County of San line 2 Diego in addressing the sewage crisis in the Tijuana River Valley.

O
99 — 5 — SB 10

P a g e | 1
February 19, 2025
ITEM TITLE: RESOLUTION 2025-006 ALLOCATING FUNDS TO THE 10TH STREET POCKET PARK ENHANCEMENT PROJECT (P25101). (0920-15)
ORIGINATING DEPARTMENT:

Environmental & Natural Resources
EXECUTIVE SUMMARY:

The 10th Street Pocket Park, located at 10th Street and Iris Avenue in the Oneonta neighborhood, was established in 2016 through a community-driven effort led by the IB Arts Bureau, 4Walls, and the City. On June 18, 2024, City Council received an update on the general condition of the pocket park and provided direction to proceed with the development of a major maintenance project to enhance the area and include a special recognition for Steven Wright, who made a significant contribution to this park and other areas of Imperial Beach.

City staff and 4Walls will present recommendations for improvements to this pocket park area.

The City is proposing to use our landscape contractor to enhance the general appearance of the park, including site cleanup, irrigation system repairs, replanting of native plants, and adding a new butterfly garden. 4Walls is proposing to add a new art feature and a memorial honoring Steven Wright. In recognition of Wright's significant contributions to the community, staff also request that the Council consider officially naming the park in his honor and provide direction for an official name of the park.

RECOMMENDATION:

Receive a presentation from city staff and 4Walls on proposed enhancements to the park and provide direction for improvements, including options to name and dedicate the park for Steven Wright. Authorize Resolution 2025-006 to allocate $47,000 to Project P25101 and to name the park after Steven Wright.

OPTIONS:
 Adopt Resolution 2025-006 to allocate $47,000 from the Park Major Maintenance Fund reserves (Fund 420) to account 420-6020-552.2006 and Project P25101-EXP. Provide staff direction about a formal name and dedication of the 10th Street Pocket Park in honor of Steven Wright.
 Reject Resolution and do no improvements at the park; or  Request additional information and an additional report

P a g e | 2
BACKGROUND/ANALYSIS:

In 2016, the City hosted a series of neighborhood meetings to explore the development of a pocket park at the City-owned vacant lot located at 10th Street and Iris Avenue. Residents of the immediate neighborhood expressed a strong desire for a passive park that would provide a quiet, open space for the community. The IB Arts Bureau and 4Walls secured a grant to lead additional community outreach, develop a design, and construct a small pocket park serving the Oneonta neighborhood.

On June 18, 2024, City Council received an update on the general condition of the pocket park and directed staff to move forward with a major maintenance project to refresh the area and incorporate a special recognition for Steven Wright, acknowledging his significant contributions to this park and other areas of Imperial Beach.

The City proposes to use its landscape contractor to undertake key maintenance tasks, including site cleanup, irrigation system repairs, and the planting of native vegetation, along with the creation of a new butterfly garden (Attachment 2). Once these tasks are completed, the IB Arts Bureau and 4Walls will install a new art piece and a memorial feature at the park’s entrance to honor Steven Wright’s contributions (Attachment 3). The park’s existing layout and passive use will remain unchanged, ensuring it continues to fulfill its original purpose as a peaceful neighborhood space.

Staff also needs Council’s input on the proposed enhancements and requests direction on officially dedicating the park in honor of Steven Wright. In addition to the new artwork, staff need direction from council about renaming the pocket park area in recognition of Steven Wright.

Potential name options include Steven Wright Pocket Park, Steven Wright Memorial Park, The Wright Park, and Steven Wright Circle Park. Currently, the park does not have a formal name.

City Council has previously approved the naming of two parts in honor of individuals. Reama Park, at Elder and 2nd Street, was dedicated in 1962 and named after Councilmember Harold Reama, and in 1995 the renaming of Northside Park located between Calla Avenue and Florida Street to Rose Teeple Memorial Park after a member of the city team. This recommendation is presented for Council consideration based on past practices and the significance of Steven Wright to the community. If Council supports this dedication, appropriate signage will be incorporated into the final design and prominently displayed at the park entrance.

ENVIRONMENTAL DETERMINATION:

Not a project as defined by CEQA.

FISCAL IMPACT:

The City has sufficient funds in the Park Major Maintenance Fund reserves (Fund 420) which are sufficient to cover this expenditure. The total project budget is $47,000 with $23,000 for general site improvements through City contract, $22,000 for new art features by 4Walls, and $2,000 in contingency.

FISCAL YEAR: 2025
BUDGETED: No
BUDGET AMENDMENT Yes

P a g e | 3
ACCOUNT NO(S).: 420-6020-552.2006
PROJECT NO(S).: P25101

ANTICIPATED
EXPENDITURE:
$47,000
ATTACHMENTS:

1. Resolution No. 2025-006

2. Proposed Improvements by Public Works

3. Proposed Improvements by 4Walls

ATTACHMENT 1
RESOLUTION NO. 2025-006

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, ALLOCATING FUNDS TO THE 10TH STREET POCKET PARK ENHANCEMENT PROJECT (P25101)
WHEREAS, the 10th Street Pocket Park, located at 10th Street and Iris Avenue in the Oneonta neighborhood, was established in 2016 through a collaborative effort between the IB Arts Bureau, 4Walls, and the City of Imperial Beach to create a passive community space; and WHEREAS, on June 18, 2024, the City Council received an update on the general condition of the 10th Street Pocket Park and provided direction to develop a major maintenance project to enhance the park’s aesthetics, functionality, and community value; and WHEREAS, the City proposes utilizing its landscape contractor to perform essential maintenance, including site cleanup, irrigation system repairs, replanting of native vegetation, and the addition of a butterfly garden to improve the park’s ecological and aesthetic value; and WHEREAS, 4Walls, in partnership with the IB Arts Bureau, has proposed the installation of a new art feature and a memorial to honor the late Steven Wright, who made significant contributions to the park and the broader Imperial Beach community; and WHEREAS, the City has identified sufficient funds in the Park Major Maintenance Fund reserves (Fund 420) to support the proposed maintenance and enhancement project; and WHEREAS, the proposed enhancements align with the community’s original vision for a passive neighborhood park.

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

1. The above recitals are true and correct.

2. Allocate $47,000 from the Park Major Maintenance Fund (Fund 420) to account 420- 6020-552.2006 and Project P25101-EXP

3. Authorize the City Manager to proceed with project.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its meeting held on the 19th day of February 2025, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

PALOMA AGUIRRE, MAYOR
ATTEST:

Resolution No. 2025-006

JACQUELINE M. KELLY, MMC

CITY CLERK

■ HELICOPTER MEMORIAL
■ ARTISTIC ELEMENTS
□ NATIVE PLANT & ROCK LANDSCAPE
■ BENCH SEATING
4" CONCRETE SLAP
■ DECOMPOSED GRANITE
MURAL
Cobble
areas
/
area
I \
1-
N o t Td� Scale
/
CA Gold r.

DG
Cobble
areas
\
Cobble
areas
I
58'
Cobble
areas
Cobbl
areas
New
planting
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Attachment 2

4 Walls International
Conceptual
Memorial Design For
Review -
City of Imperial
Beach
10th and Iris Pocket
Park
In Honor of Steven
B. Wright
ATTACHMENT 3

Site Layout
Perspective Location for Element

Decomposed Granite 8' Diameter
Outline
Mosaic Max Extent
Bronze Relief
Impact Area Northernmost Circle
2 Dimensional Grade
Level Design Inset at
Ground Level ~ Size -
Dimeter 4'x 4" Deep

Monochrome Bronze Relief
24"x16"

Pattern example of surrounding Mosaic design with
the addition of ceramic elements possibly included
representing:

Surf Culture
Wildlife
Community
Ocean
Love
Conservation