Imperial Beach City Council
May 21, 2025

6

SEE DETAILS
8/38 & 4/39
38 38 Page 128 of 226

38 2/38

37

31 31 Page 135 of 226
2 37
2 37

DATA Installation: Cast In Concrete Supply Line: 1" Pipe Bonding wire
slope Stainless steel nozzle socket Cast in concrete 1" Supply Stainless steel nozzle socket Cast in concrete 1" Supply 5" RECORD DRAWING
May 06, 2025 - 3:28pm S:\- Projects\400-Parks, Municipal\24-408 Splash Pad at Portwood Pier\01-Incoming\Consultants\Coast Rec\2025 05 05 100% CD Revised and CAD\1190144-RE - Standard\1190144-RE_SDG.dwg SPLASH PAD AT PORTWOOD PIER PLAZA SAN DIEGO UNIFIED PORT DISTRICT 4/14/2025 IB-2025-01 - JMCCJM 2025-02 BC-0004-01 100% CONSTRUCTION DOCUMENTS JJJJ CC SUB-CONSULTANT CONSULTANT 38 SDG PRJ# 24-408 CITY OF IMPERIAL BEACH, CALIFORNIA ENGINEERING DEPARTMENT SHEET OF SHEETS FOR CITY ENGINEER DATE DESCRIPTION BY APPROVED DATE FILMED ORIGINAL CONTRACTOR DATE STARTED INSPECTOR DATE COMPLETED SPLASH PAD PRODUCT INFO 40 38 40 A-1.14 1" SUPPLY STAINLESS STEEL NOZZLE SOCKET CAST IN CONCRETE STAINLESS STEEL NOZZLE SOCKET CAST IN CONCRETE BONDING WIRE SLOPE INSTALLATION: SUPPLY LINE: CAST IN CONCRETE 1" PIPE INSTALLATION: SUPPLY LINE: DRAIN LINE: ELECTRICAL: CAST IN CONCRETE 1" PIPE 1 12" PIPE 12" CONDUIT (FOR LED LIGHT) 1" SUPPLY 12" LED LIGHT ELECTRICAL CONDUIT TO CONTROL PANEL 1 14" DRAIN LINE 1 1" SUPPLY 2" LED LIGHT ELECTRICAL CONDUIT TO CONTROL PANEL ALL CONNECTIONS ARE FEMALE THREADED NPT SST COUPLINGS BASE PLATE W/THREADED RODS 1 12" DRAIN LINESST JET CAN CAST IN CONC. GROUNDING LUG W/BONDING WIRE SST JET CAN CAST IN CONC. 1" SUPPLY Ø 8 58" THIS SURFACE MUST BE LEVEL, FLUSH AND COVERED FOR PROTECTION DURING INSTALLATION NOTES: - AN UNDERGROUND ELECTRICAL ENCLOSURE REQUIRED IF THE JET CAN IS FURTHER THAN 75' FROM THE ELECTRICAL PANEL - LED LIGHTING CAN BE WHITE OR RGBW - LED LIGHT JET VOLTAGE IS 24VDC WATER NOZZLE SOLID STREAM OF WATER SPINNER WRENCH HOLE (TYP.) SPLASH ZONE-NOT TO SCALE SPLASH ZONE NOTES: SPLASH ZONES ARE APPROXIMATE, ACTUAL SPLASH MAY VARY BASED ON VARIOUS ENVIRONMENTAL CONDITIONS, FLOW RATES, SLOPE OF SPLASH PAD, SUBMERGENCE DEPTH AND WIND. ARCH JET FLUSH W/ CONCRETE 5'-0"
APPROX.

HEIGHT 3'-6" APPROX. THROW 8'-0"
5'-0" STAINLESS STEEL (SEE SPECIFICATIONS FOR DETAILS) STRUCTURE: FLOW: PRESSURE: 10 GPM 3 PSI Ø 3'-0" SPLASH ZONE-NOT TO SCALE SPLASH ZONE NOTES: SPLASH ZONES ARE APPROXIMATE, ACTUAL SPLASH MAY VARY BASED ON VARIOUS ENVIRONMENTAL CONDITIONS, FLOW RATES, SLOPE OF SPLASH PAD, SUBMERGENCE DEPTH AND WIND. SPLASH ZONE-NOT TO SCALE SPLASH ZONE NOTES: SPLASH ZONES ARE APPROXIMATE, ACTUAL SPLASH MAY VARY BASED ON VARIOUS ENVIRONMENTAL CONDITIONS, FLOW RATES, SLOPE OF SPLASH PAD, SUBMERGENCE DEPTH AND WIND. SPLASH ZONE-NOT TO SCALE SPLASH ZONE NOTES: SPLASH ZONES ARE APPROXIMATE, ACTUAL SPLASH MAY VARY BASED ON VARIOUS ENVIRONMENTAL CONDITIONS, FLOW RATES, SLOPE OF SPLASH PAD, SUBMERGENCE DEPTH AND WIND. SPLASH ZONE-NOT TO SCALE SPLASH ZONE NOTES: SPLASH ZONES ARE APPROXIMATE, ACTUAL SPLASH MAY VARY BASED ON VARIOUS ENVIRONMENTAL CONDITIONS, FLOW RATES, SLOPE OF SPLASH PAD, SUBMERGENCE DEPTH AND WIND.Ø4'-6" Ø 8'-0" Ø 20'-0" WATER NOZZLE SPINNER WRENCH HOLE (TYP.) STAINLESS STEEL (SEE SPECIFICATIONS FOR DETAILS) STRUCTURE: FLOW: PRESSURE: 4 GPM 4 PSI BUBBLER JET POD LEVEL AND FLUSH W/ CONCRETE 1'-0"
APPROX.

HEIGHT WATER NOZZLE SPINNER WRENCH HOLE (TYP.) WATER NOZZLE SPINNER WRENCH HOLE (TYP.) 5'-0"
APPROX.

HEIGHT
2'-0"
1'-8"
1'-6 12" FLOW: PRESSURE: 5 GPM 3 PSI FLOW: PRESSURE: 10 GPM 3 PSI STAINLESS STEEL (SEE SPECIFICATIONS FOR DETAILS) STRUCTURE: STAINLESS STEEL (SEE SPECIFICATIONS FOR DETAILS) STRUCTURE: STRUCTURAL PLASTIC FABRICATION (SEE SPECIFICATIONS FOR DETAILS) STRUCTURE: STAINLESS STEEL NOZZLES FLOW: PRESSURE: SUPPLY LINE: INSTALLATION: 60 GPM 6 PSI 2 22" PIPE CAST IN CONCRETE THICKEN SLAB MANIFOLD AND NOZZLES MUST BE LEVEL CONCRETE PAD MUST BE SLOPED TO DRAINS GROUNDING LUG W/BONDING WIRE EACH JET 5'-0"
APPROX.

HEIGHT
5"
APPROX.
8" Ø3'-0" 12 SPRAY JETS SOLID STREAM OF WATER MOUND CONCRETE FLUSH W/JETS WATER SUPPLY (FOR LINE SIZE, REFER TO DATA NOTE) SLOPE 18"/FT SOLID STREAM OF WATER STREAM JET FLUSH W/ CONCRETE ENCAPSULATED DRAIN BOX IN THICKENED CONCRETE SLAB 6" SCH 80 PVC SOCKET CONNECTION TO WASTE TOP OF DRAIN BOX TO BE FLUSH WITH CONCRETE 1'-1" Ø1'-1" JET NOZZLE FLUSH W/ CONCRETE MULTIPLE WATER STREAMS 2'-6"
APPROX.

HEIGHT
Ø2'-0"

RECORD DRAWING
May 06, 2025 - 3:22pm S:\- Projects\400-Parks, Municipal\24-408 Splash Pad at Portwood Pier\01-Incoming\Consultants\Coast Rec\2025 05 05 100% CD Revised and CAD\1190144-RE - Standard\1190144-RE_SDG.dwg SPLASH PAD AT PORTWOOD PIER PLAZA SAN DIEGO UNIFIED PORT DISTRICT 4/14/2025 IB-2025-01 - JMCCJM 2025-02 BC-0004-01 100% CONSTRUCTION DOCUMENTS JJJJ CC SUB-CONSULTANT CONSULTANT 39 SDG PRJ# 24-408 CITY OF IMPERIAL BEACH, CALIFORNIA ENGINEERING DEPARTMENT SHEET OF SHEETS FOR CITY ENGINEER DATE DESCRIPTION BY APPROVED DATE FILMED ORIGINAL CONTRACTOR DATE STARTED INSPECTOR DATE COMPLETED SPLASH PAD PRODUCT INFO AND INSTAL DETAILS 40 39 40 A-1.15 DESIRED DURATION OF TIME: (FOR WATER ACTIVITIES ONCE SENSOR IS ACTIVATED) SEALED TEXTURED COVER WITH SECURITY SCREWS FOR REMOVAL (CUSTOM ENGRAVING AVAILABLE) PRESSURE SWITCH 34" PVC SOCKET COUPLING FOR ELECTRICAL CONNECTION TO PRESSURE SENSOR ACTIVATION PAD EMBED CAST INTO CONCRETE WATER STOP CLEAN SUBFILL WEEP HOLE FOR CAPTURED WATER IN POD (DRILL 38" HOLE MANUALLY IF NOT PRESENT) 12-24VDC LOW VOLTAGE 2 WIRE 22AWG WIRES FROM PRESSURE SENSOR RED OR PURPLE : +VDC BLACK OR PURPLE: INPUT (RELAY, PLD INPUT, ETC) SLOPE SLOPE (TOP OF CONCRETE) ADJUSTABLE RECOMMENDED DISTANCE FROM STEP PAD ACTIVATORS(S) TO CONTROL PANEL 50' MAX. 16'-112 " 1"-2.5" WATER SUPPLY LINE, PER MANUFACTURER'S RECOMMENDATIONS AND PER SPLASH PAD SUPPLY PLAN SECTION WINTERIZATION COVER. KEEP ON DURING CONCRETE POUR SECTION Page 138 of 226

RECORD DRAWING
May 06, 2025 - 3:20pm S:\- Projects\400-Parks, Municipal\24-408 Splash Pad at Portwood Pier\01-Incoming\Consultants\Coast Rec\2025 05 05 100% CD Revised and CAD\1190144-RE - Standard\1190144-RE_SDG.dwg SPLASH PAD AT PORTWOOD PIER PLAZA SAN DIEGO UNIFIED PORT DISTRICT 4/14/2025 IB-2025-01 - JMCCJM 2025-02 BC-0004-01 100% CONSTRUCTION DOCUMENTS JJJJ CC SUB-CONSULTANT CONSULTANT 40 SDG PRJ# 24-408 CITY OF IMPERIAL BEACH, CALIFORNIA ENGINEERING DEPARTMENT SHEET OF SHEETS FOR CITY ENGINEER DATE DESCRIPTION BY APPROVED DATE FILMED ORIGINAL CONTRACTOR DATE STARTED INSPECTOR DATE COMPLETED SPLASH PAD PRODUCT INSTAL DETAILS 40 40 40 A-1.16 Page 139 of 226

A B C EXISTING RESTROOM AND STOREFRONT BUILDING EXISTING HOUSE EXISTING GARAGE

SEACOAST DRIVE EVERGREEN STREET RECORD DRAWING
May 05, 2025 - 3:47pm S:\- Projects\400-Parks, Municipal\24-408 Splash Pad at Portwood Pier\06-CD's\24-408 S-EXHIBIT CA.dwg SPLASH PAD AT PORTWOOD PIER PLAZA SAN DIEGO UNIFIED PORT DISTRICT 5/5/2025 40 IB-2025-01 - JMCCJM 2025-02 BC-0004-01 100% CONSTRUCTION DOCUMENTS JJJJ CC T IA E AT OF C L I F A O NR S DATE RENEWAL DATE SIGNATURE JEFFR E Y T. B A R R No. 5 2 0 9 12-31-25 L I CENSED LANDSCAPE ARCH I TECT CONSULTANT 5/5/25 SDG PRJ# 24-408 CITY OF IMPERIAL BEACH, CALIFORNIA ENGINEERING DEPARTMENT SHEET OF SHEETS FOR CITY ENGINEER DATE DESCRIPTION BY APPROVED DATE FILMED ORIGINAL CONTRACTOR DATE STARTED INSPECTOR DATE COMPLETED SDG 40 ATTACHMENT A ATTACHMENT A NOTE: CONSTRUCTION FENCING CAN BE ADJUSTED AS REQUIREDBY THE CITY OF IMPERIAL BEACH. CONSTRUCTION FENCING NOTE: CONSTRUCTION LIMIT OFWORK WILL NOT RESTRICTPUBLIC ACCESS TO THE BEACHOR PIER PUBLIC ACCESS Attachment 3

Imperial Beach Splash Pad

Planting Imagery
April 17, 2025
LESSINGIA FILAGINIFOLIA ‘SILVER CARPET’ - SILVER CARPET ASTER

LIGUSTRUM JAPONICUM - JAPANESE PRIVET

YUCCA ELEPHANTIPES - GIANT YUCCA MULTI-TRUNK
LOMANDRA LONGIFOLIA ‘PLATINUM BEAUTY’ - MAT RUSH

ALOE STRIATA - CORAL ALOE

EXISTING PALM TO BE RELOCATED ALOE PLICATILIS - FAN ALOE GLANDULARIA LILACINA ‘DE LA MINA’ - DE LA MINA CEDROS ISLAND VERBENA AGAVE X ‘BLUE FLAME’ - BLUE FLAME AGAVE STRELITZIA NICOLAI - GIANT BIRD OF PARADISE GALVEZIA SPECIOSA ‘FIRECRACKER’ - FIRECRACKER ISLAND SNAPDRAGON LEUCADENDRON SALIGNUM ‘BLUSH’ - BLUSH CONEBUSH BODIE RUBBLE ERIGERON GLAUCUS ‘WAYNE RODERICK’ - WAYNE RODERICK SEASIDE DAISY Attachment 4

Imperial Beach Splash Pad
Materials Board and Imagery
January 27, 2024
ATTACHMENT 5

Imperial Beach Splash Pad

Site Plan
January 27, 2024
18 7
6 4
7 22
2 10
12 3
10 11
115
139
LEGEND
Arch ‘Wave’ Element, Typ.

Ground-Level Jets, Typ.

Stepped ‘Art’ Seat Wall
Existing Seat Wall to Remain
Mechanical Enclosure
Extents of New Concrete
Existing Concrete to Remain
Surfboard Enhanced Concrete
New Shrub Area
Existing Palm Trees to Remain, Typ.

Existing Utilities to Remain, Typ.

Existing Bike Rack to Remain
Mechanical Enclosure ‘Surf Art’
89 10
11 12
135263741
SEACOAST DR.

Imperial Beach Splash Pad

Materials Board
January 27, 2024
R
M
*See
* SHOWN IN 20’ LENGTH

ACCENT PAVING ELEMENTS ENANCED CONCRETE PAVING - EXPOSED AGGREGATE

ENANCED CONCRETE PAVING - EXPOSED AGGREGATE

SURFING ART -OPTIONAL

SCREENING SHRUBS ARTISTIC WRAP ON MECHANICAL ENCLOSURE - OPTIONAL MECHANICAL ENCLOSURE

PAVING PATTERNS

PLANTING TEXTURE

STEPPED CONCRETE SEAT WALL

INTEGRATED LIGHTING - OPTIONAL

Imperial Beach Splash Pad

Project Renderings
January 27, 2024

P a g e | 1
May 21, 2025
ITEM TITLE: CONSIDERATION OF A REGULAR COASTAL PERMIT, CONDITIONAL USE

PERMIT, DESIGN REVIEW, AND SITE PLAN REVIEW TO CONTINUE OPERATION OF AN

EXISTING TELECOMMUNICATION FACILITY MOUNTED ON A LIGHT POLE WITH ASSOCIATED EQUIPMENT SHELTER AT 911 SEACOAST DR. (0600-20) ORIGINATING DEPARTMENT:

Community Development
EXECUTIVE SUMMARY:

An application (USE-24-0047)
has been submitted for a Regular
Coastal Permit (CP-25-0002),
Conditional Use Permit (CUP-24-
0004), Design Review Case
(DRC-24-0007), and Site Plan
Review (SPR-24-0007) and a
categorical exemption pursuant to
the California Environmental
Quality Act (CEQA) Guidelines
Section 15301 Class 1 (Existing
Facilities) requesting approval to
continue operating a
telecommunications facility
mounted on a light pole with an
associated equipment shelter
located at 911 Seacoast Drive
(APN 625-351-01-00) in the
C/MU-2 (Seacoast Commercial and Mixed Use) Zone. The original wireless facility was approved by the City Council in 2009 (Reso. 2009-6719) and new authorizations are required to continue operation per Imperial Beach Municipal Code Chapter 19.90, Wireless Communications Facilities.

The facility was built per the original approval and no significant alterations to the building or property are proposed beyond what exists today and what was originally approved.

RECOMMENDATION:

Staff recommends the City Council adopt Resolution 2025-027, approving Regular Coastal Permit (CP-25-0002), Conditional Use Permit (CUP-24-0004), Design Review Case (DRC-24-0007), and Site Plan Review (SPR-24-0007) to continue operating a telecommunications facility mounted on a light pole with an associated equipment shelter located at 911 Seacoast Drive (APN 625-351- 01-00) in the C/MU-2 (Seacoast Commercial and Mixed Use) Zone.

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OPTIONS:

In addition to adopting staff’s recommendations, the City Council can:
 Approve the project with modifications; 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:

The original wireless facility at 911
Seacoast Drive was approved by the
City Council in 2009 (Reso. 2009-
6719) and new authorizations are
required to continue operation per
Imperial Beach Municipal Code
Chapter 19.90, Wireless
Communications Facilities. The facility
was built per the original approval and
no significant alterations to the
building or property are proposed
beyond what exists today and what
was originally approved.

The existing telecommunications
facility consists of three antennas
mounted on a thirty-foot (30’) light
standard with a twenty-four inch (24”)
radome and ten ten-foot (10’) tall
equipment shelter (15’ x 16’) on the
eastern portion of the property.

Electric and telephone services are provided to the project area via underground conduits.

The existing 30-foot light standard with the shrouded antenna and the base station equipment are the most conspicuous aspects of the facility. The light standard is designed to match the same height and color of the surrounding light standards, with a radome (cylinder shaped cover) at the upper segment of the standard to conceal the antennas. The radome section where the antennas are be hidden is wider than the pole (24” in diameter).

Design
The existing equipment shelter is stucco-finish and painted to match the existing buildings on site.

The light standard provides function in that it provides light for two off-street parking spaces located off the existing driveway along Elm Street, which was . An alternate design with the antenna on top of the pole is not feasible because mounting three panel antennas would have a less balanced appearance if placed on top of the light standard.

Landscaping
The equipment shelter is located behind an existing driveway and adjacent to landscaping intended to enhance the aesthetic appeal of this mechanical enclosure. No modifications to the existing landscape areas are proposed.

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Height
The height and location of the antenna is integral to the facilities performance because the signal must be elevated above ground level at a height that provides a clear line-of-sight to clear any topographical barriers and the existing natural and built environment. The antennas are not functional at a lower height because the signal would be significantly reduced and obstructed by nearby buildings and trees. Imperial Beach Municipal Code (IBMC) Section 19.90.070(C) states that wireless facilities must meet the height requirement of the underlying zone (C/MU-2), which is a maximum height limit of 30 feet. Furthermore, placing the antenna on the existing building is not possible because of the building’s low height.

Location
According to the applicant, the proposed site was chosen because it offered an area to place an antenna at the proposed height and space to house the base station equipment. Originally, other locations were explored: City Hall, Dempsey Holder Safety Center, Elkwood parking lot, colocating with the T-Mobile facility at 933 Seacoast Drive (Argus Village), co-locating at a wireless facility that previously existed at Sports Park, and the property to the north of the proposed project site. Each alternate site would not provide the necessary service coverage. As such, continuing use of the existing site would provide optimal service.

Co-location
Co-location is not proposed with this design because the light standard would have to increase beyond the height restrictions in the C/MU-2 zone, would no longer blend in among the other light standards along Seacoast Drive, and because there would be insufficient space for another provider’s base station equipment.

General Plan/Zoning Consistency:

The proposed development is subject to Imperial Beach Municipal Code Chapter 19.90, Wireless Communications Facilities. The purpose of the chapter is to establish standards for the siting, development and maintenance of wireless communications facilities and antenna throughout the city. The chapter is also intended to protect and promote the public health, safety and welfare, as well as the aesthetic quality of the city as set forth in the goals, objectives and policies of the General Plan. The proposed development meets the Development and Design Standards as outlined in Chapter 19.90. The project is located in the C/MU-2 (Seacoast Commercial) Zone.

The purpose of the C/MU-2 Zone is to meet the demand for goods and services required by the tourist population and local residents who use the beach area. Providing telecommunication services to an area providing insufficient service would be consistent with the General Plan and Zoning.

Design Review Standards:

STANDARDS PROVIDED/PROPOSED
The installation of wireless communications
facilities may not reduce the number of
required parking spaces on a proposed site.

No parking demand to be generated and the
facility would not reduce existing parking.

Wireless communications facilities and
accessory equipment must meet the
required setbacks of the underlying zone,
except that in a residential zone, the
minimum setback for an antenna or
There are no setbacks for the C/MU-2 Zone.

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equipment building from any property line is
twenty feet.

Wireless communications facilities must
meet the height requirement of the
underlying zone, unless a greater height is
approved through the conditional use permit.

There is a 30 foot height limit in the C/MU-2
zone. The project would maintain a light
standard of 30 feet and equipment shelter of 10
feet.

A service provider with a wireless
communications facility in the city must
obtain a city business license.

This would be a condition of approval for the
CUP.

The visual impact of wireless
communications facilities must be minimized
to the maximum extent feasible, taking into
consideration technological requirements,
through the use of placement, screening,
camouflage, and landscaping, so that the
facility is compatible with adjacent uses,
existing architectural elements, topography,
neighborhood landscaping, building
materials, and other site characteristics.

The antennae are concealed on a light standard
to match existing light standards on Seacoast
Drive. The electrical/ mechanical equipment
would continue to be contained in an existing
equipment shelter.

The colors and materials of wireless
communications facilities must blend into
their backgrounds.

The light standard is painted to match the
existing light standards along Seacoast Drive.

The equipment shelter is stucco finish and
painted to match the existing buildings.

Facade-mounted antennae must be
integrated architecturally into the style and
character of the structure to which they are
attached; they must be painted and textured
to match the existing structure; and they may
not project more than eighteen inches from
the face of the building or other support
structure unless approved by a conditional
use permit.

There are no proposed façade-mounted
facilities.

Roof-mounted antennae may not exceed the
minimum height necessary to serve the
operator's service area, while complying
with the building height requirements of this
title; they must be designed to minimize their
visibility from surrounding areas; and they
must be painted and textured to match the
existing structure or building.

There are no proposed roof-mounted facilities.

Freestanding facilities, including towers,
lattice towers, and monopoles, are
discouraged unless no reasonable
alternative is possible. If a freestanding
facility is necessary, it may not exceed the
minimum functional height and width
The freestanding antenna is concealed on a light
standard structure designed to blend in with the
surrounding area and other light standards on
Seacoast Drive. The proposed 30-foot light
standard is the desired functional height for the
transmitting antennae.

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required to support the proposed wireless
facility.

Proposed freestanding facilities must be
stealth facilities; they must be painted and
designed to blend in with the surrounding
area; and they must be landscaped, if
necessary, to minimize visual impacts.

The freestanding antenna would continue to be
concealed on a light standard structure
designed to blend in with the surrounding area.

Wireless facility support structures, such as
equipment buildings, cabinets, cables, air
conditioning units, and fencing, must be
painted and textured to match the
surrounding physical area and screened
with landscaping in order to minimize visual
impacts.

The base station equipment would continue to
be concealed within an existing equipment
shelter that was built as part of the original
approval.

No advertising signs may be placed on any
facility or equipment.

There are no proposed advertising signs.

Surrounding Zoning and Land Use
North C/MU-2 (Seacoast Commercial and Mixed-use Zone) Commercial South C/MU-2 (Seacoast Commercial and Mixed-use Zone) Retail/Residential/Commercial East R-2000 (Medium-Density Residential Zone) Residential West C/MU-2 (Seacoast Commercial and Mixed-use Zone) Commercial (parking lot) ENVIRONMENTAL DETERMINATION:

The project may be categorically exempt pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15301 Class 1 (Existing Facilities)
FISCAL IMPACT:

The Applicant has paid $23,228.00 to fund processing of this application.

ATTACHMENTS:

ATT 1 - Resolution 2025-027
ATT 2 - Verizon Plans
ATT 3 - Photo Simulations

RESOLUTION NO. 2025-027

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, APPROVING A REGULAR COASTAL PERMIT (CP-25-0002), CONDITIONAL USE PERMIT (CUP-24-0004), DESIGN REVIEW CASE (DRC-24-0007), AND SITE PLAN REVIEW (SPR-24-0007), AND CATEGORICAL EXEMPTION PURSUANT TO CEQA GUIDELINES SECTION 15301 CLASS 1 (EXISTING FACILITIES),

TO CONTINUE OPERATING A TELECOMMUNICATIONS FACILITY ON AN EXISTING LIGHT STANDARD AND EQUIPMENT SHELTER LOCATED AT 911 SEACOAST DRIVE IN THE C/MU-2 (SEACOAST COMMERCIAL ZONE). USE-24-047.

WHEREAS, on March 21, 2025 the City Council of the City of Imperial Beach held a duly noticed public meeting to consider the merits of approving or denying an application for a Regular Coastal Permit (CP-25-0002), Conditional Use Permit (CUP-24-0004), Design Review Case (DRC-24-0007), and Site Plan Review (SPR-24-0007) requesting approval to continue operating a telecommunications facility mounted on an existing light pole with an associated equipment shelter located at 911 Seacoast Drive (APN 625-351-01-00) in the C/MU-2 (Seacoast Commercial and Mixed Use) Zone.

WHEREAS, the project design of a telecommunications facility on an existing light standard is compatible in use and appearance with other structures in the vicinity because it would be hidden; and, therefore, would be consistent with Policy D-8 of the Design Element of the General Plan; and,
WHEREAS, this project, consisting of one stealth antenna structure and equipment shelter complies with the Application Requirements of Section 19.90.050, the Development and Design Standards of Section 19.90.070 and will be required to comply with the Operations and Maintenance Standards of Section 19.90.080 of Chapter 19.90, Wireless Communication Facilities, of the zoning ordinance; and
WHEREAS, the City Council of the City of Imperial Beach hereby finds that necessity compels the placement of this facility in this location to avoid a significant gap in wireless communications coverage; and
WHEREAS, this project complies with the requirements of the California Environmental Quality Act (CEQA) as this project shall be categorically exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15301 Class 1 (Existing Facilities); and
WHEREAS, the City Council further offers the following findings in support of its decision to conditionally approve the project:

CONDITIONAL USE PERMIT FINDINGS:

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

The proposed wireless telecommunication facility at 911 Seacoast Drive (APN 625- 351-01-00) will continue to provide communication services to the City of Imperial Beach commercial and residential development, avoiding gaps in wireless communications coverage and therefore contributing to the general well-being of the neighborhood or community. The structure already exists and is disguised as a street light standard with an equipment shelter. The project is subject to Chapter

19.90, Wireless Communications Facilities, which establishes the standards for Attachment 1

Resolution No. 2025-027

siting, developing and maintaining wireless communications facilities and antennas throughout the city.

2. The proposed use will not, under any 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 development, consisting of an existing telecommunications facility concealed on an existing light standard with 24” radome and equipment shelter in an existing vacant area with concrete and landscaping at 911 Seacoast Drive, will not 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 as it will be required to comply with Chapter 19.90, Wireless Communications Facilities, which provides standards for the public safety, health, and welfare, as well as for the aesthetic quality as set forth in the goals, objectives and policies of the General Plan.

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

The proposed use will comply with the regulations and conditions specified in the title for such use and for other permitted uses for wireless communication facilities (Chapter 19.90).

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

The granting of the conditional use permit to continue operating a telecommunication antenna concealed on a stealth structure at 911 Seacoast Drive, will be in harmony with the purpose and intent of the zoning code (Chapter 19.90) and with the adopted general plan as the potential visual impacts of the proposal have been mitigated by design; i.e. the antennae shall be mounted in a 24” radome on an existing light standard, and the equipment shelter matches the existing structures on the site, with landscaping.

COASTAL PERMIT FINDINGS:

5. The proposed development conforms to the Certified Local Coastal Plan including Coastal Land Use Policies.

The proposed project, located inland and not adjacent to the oceanfront, does not necessitate shore protection measures. Furthermore, its location is not between the ocean and the first public road, thus posing no issues regarding public beach access. Finally, the visual impact of the proposed antennae within a 24-inch radome on a 30-foot light standard and the accompanying equipment shelter has been mitigated through design, resulting in no identified impacts on scenic or coastal views.

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

Resolution No. 2025-027

The subject site is not located between the ocean and the first public road, which, in most cases, is Seacoast Drive. No issue regarding public access to the beach is identified for this project.

7. The proposed development meets the minimum relevant criteria set forth in Title 19, Zoning.

The project has complied with the application requirements for telecommunications facilities pursuant to Section 19.90.050, with the development and design standards of Section 19.90.070, and will be required to comply with the operations and maintenance standards of Section 19.90.080 of the City’s Wireless Communication Facilities Ordinance.

8. For all development involving the construction of a shoreline protective device, a mitigation fee shall be collected which shall be used for beach 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 and beach area that would be lost due to the impacts of any protective structures.

This finding does not apply since the project site is not adjacent to the oceanfront that would require shore protection.

NOW, THEREFORE, BE IT RESOLVED that Regular Coastal Permit (CP-25-0002), Conditional Use Permit (CUP-24-0004), Design Review Case (DRC-24-0007), and Site Plan Review (SPR-24-0007), and categorical exemption pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15301 Class 1 (Existing Facilities), requesting approval to continue operating a telecommunications facility mounted on a light pole with an associated equipment shelter located at 911 Seacoast Drive (APN 625-351-01- 00) in the C/MU-2 (Seacoast Commercial and Mixed Use) Zone is hereby approved by the City Council of the City of Imperial Beach subject to the following:

CONDITIONS OF APPROVAL

PLANNING

1. Final building plans and project development shall be in substantial accordance with the conceptual plans dated January 28, 2025, on file in the Community Development Department and with the conditions required herein.

2. Should redevelopment of the site occur in the future, relocation and/or reincorporation of the facility shall be provided.

3. All landscaping must be maintained at all times by the applicant.

4. Antenna(s) are to be located in the 24” radome on the light standard stealth structure. Any equipment must be screened and concealed.

5. Appropriate BMP’s shall be in place during any maintenance of base station equipment to prevent any materials from entering the storm drain conveyance system.

6. Noise from the equipment shall not have a negative effect on the existing neighborhood. If the facility receives any noise complaints, the applicant shall

Resolution No. 2025-027

investigate said complaint and mitigate any issues to meet Imperial Beach Municipal Code noise requirements.

7. Any electric and telephone services shall be connected via underground conduits extended to the project area.

8. Applicant shall obtain a city business license prior to issuance of building permit, which must be maintained and renewed.

9. Colors and materials for the light standard and equipment shelter are subject to staff review and shall match the photosimulations.

10. Applicant must annually submit any required statements that the wireless communications facility conforms with the current FCC safe-exposure standards to the director of community development.

11. Approval of this request shall not waive compliance with any portion of the International Building Code and Municipal Code in effect at the time a building permit is issued.

12. All negative balances in the project account (USE-24-0047) shall be paid prior to building permit issuance and final inspection.

13. Approval of Regular Coastal Permit (CP-25-0002), Conditional Use Permit (CUP-24- 0004), Design Review Case (DRC-24-0007), and Site Plan Review (SPR-24-0007) for this project is valid for a one-year vesting period from the date of approval, to expire on May 21, 2026. Conditions of approval must be satisfied, building permits issued, and substantial construction must have commenced prior to this date, or a time extension is granted by the City prior to expiration. This expiration date is separate from the sunset expiration date of 10 years for the life of the conditional use permit.

14. The applicant or applicant's representative shall read, understand, and accept the conditions listed herein and shall, within 30 days, return a signed statement accepting said conditions.

15. Conditional use permits for wireless communication facilities have a maximum term of ten (10) years, with an automatic review in five (5) years at a public hearing (IBMC

19.90.090). The applicant will be required to renew the Conditional Use Permit prior to the expiration date, May 21, 2035, in accordance with Chapter 19.82. It is the applicant’s responsibility to monitor and process renewals.

PUBLIC WORKS

16. 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, landscaping and irrigation, fences, walls within the public right-of-way, etc.), a Temporary Encroachment Permit (TEP) shall be applied for and approved by the City either prior to or concurrent with issuance of the building permit required for the project.

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. 2025-027

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 regular meeting held on the 21st day of May 2025, by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

PALOMA AGUIRRE, MAYOR
ATTEST:

JACQUELINE M. KELLY, MMC

CITY CLERK
Diane Rose
Jacqueline M. K

TITLE SHEET
NOTES

SPECIAL INSPECTIONS

NOT FOR USE OR DISCLOSURE OUTSIDE VERIZON WIRELESS EXCEPT UNDER WRITTEN

AGREEMENT

ABBREVIATIONS

PROJECT DESCRIPTION

PROJECT INFORMATION

LEGAL DESCRIPTION

VICINITY MAP PROJECT TEAM SHEET INDEX
SHEET

NUMBER DESCRIPTION

REFERENCE GOOGLE MAPS
911 SEACOAST DRIVE
IMPERIAL BEACH, CA 91932
SITE NAME: "SEACOAST BEACH"

THIS VICINITY MAP NOT TO SCALE
OWNER:

BIBBEY REVOCABLE FAMILY TRUST
07-12-04
911 SEACOAST DRIVE
IMPERIAL BEACH, CA 91932
619-4235133
CONTACT: MICHAEL BIBBEY
APPLICANT:

VERIZON WIRELESS
15505 SAND CANYON AVE.

BUILDING C
IRVINE, CA. 92618

APPROVALS
CONSTRUCTION DATA: NONE
JURISDICTION:

TYPE OF CONSTRUCTION:

OCCUPANCY:

CITY OF IMPERIAL BEACH
V-B
B
ZONING C-2
SITE
APN: 625-351-01

1. THE CURRENT NUMBER OF DIRECTIONAL PANEL ANTENNAS INSTALLED IS THREE (3)

2. THE MAXIMUM NUMBER OF GPS ANTENNAS TO REMAIN IS ONE (1)

3. THE SIZE, HEIGHT, DIRECTION AND LOCATION OF ANTENNAS SHALL BE ADJUSTED TO

MEET SYSTEM REQUIREMENTS AS NEEDED

4. ALL ITEMS, WHETHER EXISTING OR NEW, WHICH ARE WITHIN THE VERIZON WIRELESS

LEASE AREA ARE TO BE APPROVED
FUZE ID#: 16621670

TITLE SHEET

SITE PLAN

ENLARGED ANTENNA PLAN/ ENLARGED LEASE AREA PLAN

ELEVATIONS
T-1
A-1
A-2
A-3 911 SEACOAST DRIVE IMPERIAL BEACH, CA 91932 Revisions Dept. A&C Date Approved RERF INT EE EE/OUT OPS ZONING DRAWINGS SITE: "SEACOAST BEACH" (949) 286-7000 15505 Sand Canyon Ave. C2 (CBAND MOD/CUP RENEWAL)

PROPOSED PLANNING DEPARTMENT CUP RENEWAL FOR AN EXISTING VERIZON WIRELESS COMMUNICATIONS UNMANNED SUBSTATION TO CONSIST OF THE FOLLOWING:

à REMOVAL OF (3) PREVIOUSLY APPROVED PANEL ANTENNAS MOUNTED ON AN EXISTING 30' H. LIGHT POLE, CONCEALED WITHIN AN EXISTING 24" DIA. x 7' H. FRP RAYDOME ATOP THE POLE.

à INSTALLATION OF (3) PANEL ANTENNAS MOUNTED ON THE EXISTING 30' H. LIGHT POLE, CONCEALED WITHIN AN EXISTING 24" DIA. x 7' H. FRP RAYDOME ATOP THE POLE.

à INSTALLATION OF (3) NEW VZW RRU'S AT THE BASE OF THE (E) LIGHT POLE, CONCEALED WITHIN THE EXISTING FENCED ENCLOSURE.

à REMOVAL OF (1) PREVIOUSLY APPROVED VZW 3315 RAYCAP SURGE PROTECTION BOX

AT THE BASE OF THE (E) LIGHT POLE, CONCEALED WITHIN THE EXISTING FENCED ENCLOSURE.

à INSTALLATION OF (1) NEW VZW 6627 RAYCAP SURGE PROTECTION BOX AT THE BASE OF THE (E) LIGHT POLE, CONCEALED WITHIN THE EXISTING FENCED ENCLOSURE.

à REMOVAL OF (3) PREVIOUSLY APPROVED VZW 8843 RRU'S AT THE BASE OF THE (E) LIGHT POLE, CONCEALED WITHIN THE EXISTING FENCED ENCLOSURE.

à INSTALLATION OF (3) NEW VZW 4490 RRU'S AT THE BASE OF THE (E) LIGHT POLE, CONCEALED WITHIN THE EXISTING FENCED ENCLOSURE.

à INSTALLATION OF (3) NEW VZW 8863 RRU'S AT THE BASE OF THE (E) LIGHT POLE, CONCEALED WITHIN THE EXISTING FENCED ENCLOSURE.

ITEMS TO REMAIN UNCHANGED:

à 35(9,286/<$33529('“6))(1&('(1&/2685($7%$6(2) (
/,*+732/(
à PREVIOUSLY APPROVED 16' x 14' VERIZON WIRELESS EQUIPMENT BUILDING à PREVIOUSLY APPROVED GROUND MTD. HVAC CONDENSER UNITS (TYP. OF 2) à PREVIOUSLY APPROVED UNDERGROUND COAX CABLES FROM EQUIPMENT ROOM TO

ANTENNAS WITHIN LIGHT POLE
à PREVIOUSLY APPROVED UTILITY ROUTES FOR POWER & FIBER TO VERIZON WIRELESS

EQUIPMENT ROOM (BUILDING)
APPLICANT'S AGENT:

PLANCOM, INC.
302 STATE PLACE
ESCONDIDO, CALIFORNIA 92029
PH: (619) 208-4685
CONTACT: SHELLY KILBOURN
ARCHITECT:

DERRA DESIGN, INC.
1750 CALIFORNIA AVE., SUITE #102
CORONA, CA 92881
PH: (951) 268-1650
CONTACT: JEFF ROEBUCK
ALL WORK AND MATERIALS SHALL COMPLY WITH THE FOLLOWING:
2022 CALIFORNIA ADMINISTRATIVE CODE
PART 1, TITLE 24, C.C.R.
2022 CALIFORNIA BUILDING CODE (C.B.C.)
PART 2, TITLE 24, C.C.R.
(BASED ON THE 2021 INTERNATIONAL BUILDING CODE WITH 2022 CALIFORNIA

AMENDMENTS)
2022 CALIFORNIA ELECTRICAL CODE (C.E.C.)
PART 3, TITLE 24, C.C.R.
(BASED ON THE 2020 NATIONAL ELECTRICAL CODE)
2022 CALIFORNIA MECHANICAL CODE (C.M.C.)
PART 4, TITLE 24, C.C.R.
(BASED ON THE 2021 UNIFORM MECHANICAL CODE WITH 2022 CALIFORNIA AMENDMENTS) 2022 CALIFORNIA PLUMBING CODE (C.P.C.)
PART 5, TITLE 24, C.C.R.
(BASED ON THE 2021 UNIFORM PLUMBING CODE)
2022 CALIFORNIA ENERGY CODE (PART 6, TITLE-24, CCR)
2022 CALIFORNIA GREEN BUILDING STANDARDS CODE (C.G.B.S.C.) (PART 11, TITLE-24, CCR) 2022 CALIFORNIA FIRE CODE (C.F.C.)
PART 9, TITLE 24, C.C.R.
(BASED ON THE 2021 INTERNATIONAL FIRE CODE WITH 2022 CALIFORNIA AMENDMENTS) 2022 TITLE 19 C.C.R., PUBLIC SAFETY, STATE FIRE MARSHAL REGULATIONS AND ALL APPLICABLE CODES, LOCAL, CURRENT OSHA LAWS, T-24 ENERGY

CONSERVATION, LISTS OF STANDARDS, AND DISABLED ACCESS REGULATIONS WHERE REQUIRED.
(CBAND MOD/CUP RENEWAL)
ATTACHMENT 2

SITE PLAN
(E) BUILDING
(E) BUILDING
(E) BUILDING
(E)

BUILDING
(E) BUILDING
(E) BUILDING
(E) BUILDING
(E) BUILDING
(E) VERIZON

WIRELESS

EQUIPMENT
BUILDING ȭ ȭ 911 SEACOAST DRIVE IMPERIAL BEACH, CA 91932 Revisions Dept. A&C Date Approved RERF INT EE EE/OUT OPS ZONING DRAWINGS SITE: "SEACOAST BEACH" (949) 286-7000 15505 Sand Canyon Ave. C2 (CBAND MOD/CUP RENEWAL)

ENLARGED LEASE AREA PLAN 911 SEACOAST DRIVE IMPERIAL BEACH, CA 91932 Revisions Dept. A&C Date Approved RERF INT EE EE/OUT OPS ZONING DRAWINGS SITE: "SEACOAST BEACH" (949) 286-7000 15505 Sand Canyon Ave. C2 (CBAND MOD/CUP RENEWAL) KEYNOTES:
(E) BUILDING (E) BUILDING
(E) BUILDING
(E) PRIVATE

PARKING AREA ENLARGED ANTENNA PLAN/

ENLARGED LEASE AREA PLAN 911 SEACOAST DRIVE IMPERIAL BEACH, CA 91932 Revisions Dept. A&C Date Approved RERF INT EE EE/OUT OPS ZONING DRAWINGS SITE: "SEACOAST BEACH" (949) 286-7000 15505 Sand Canyon Ave. C2 (CBAND MOD/CUP RENEWAL) KEYNOTES:
(E) BUILDING (E) BUILDING
(E) BUILDING
(E) PRIVATE

PARKING AREA ENLARGED ANTENNA PLAN/

911 SEACOAST DRIVE EXISTING ELEVATIONS IMPERIAL BEACH, CA 91932 Revisions Dept. A&C Date Approved RERF INT EE EE/OUT OPS ZONING DRAWINGS SITE: "SEACOAST BEACH" (949) 286-7000 15505 Sand Canyon Ave. C2 (CUP RENEWAL) (E) TOP OF LIGHT STD.
(E) VERIZON WIRELESS

ANTENNA RAD CENTER

(
7232)‘32/(

SECTION

(
7232)‘32/(

SECTION
(E) VERIZON WIRELESS

ANTENNA RAD CENTER
(E) TOP OF LIGHT STD.
(E) TOP OF LIGHT FIXTURE
(E) TOP OF LIGHT FIXTURE

PROPOSED ELEVATIONS 911 SEACOAST DRIVE IMPERIAL BEACH, CA 91932 Revisions Dept. A&C Date Approved RERF INT EE EE/OUT OPS ZONING DRAWINGS SITE: "SEACOAST BEACH" (949) 286-7000 15505 Sand Canyon Ave. C2 (CBAND MOD/CUP RENEWAL) (E) TOP OF LIGHT STD.
(N) VERIZON WIRELESS

ANTENNA RAD CENTER

(
7232)‘32/(

SECTION

(
7232)‘32/(

SECTION
(N) VERIZON WIRELESS

ANTENNA RAD CENTER
(E) TOP OF LIGHT STD.
(E) TOP OF LIGHT FIXTURE
(E) TOP OF LIGHT FIXTURE

Attachment 3

P a g e | 1
May 21, 2025
ITEM TITLE: PUBLIC HEARING TO CONSIDER RESOLUTION 2025-022 APPROVING THE

INTEGRATED SOLID WASTE MANAGEMENT SERVICES FEE INCREASE BY EDCO DISPOSAL CORPORATION EFFECTIVE JULY 1, 2025 AND AUTHORIZING ANNUAL FUTURE INFLATIONARY ADJUSTMENTS THROUGH JULY 1, 2029. (0270-40) ORIGINATING DEPARTMENT:

Environmental & Natural Resources
EXECUTIVE SUMMARY:

This item is a public hearing to allow City Council and the public an opportunity to review the proposed increase of EDCO’s solid waste management service fee. The City’s trash service agreement with EDCO provides for an annual customer rate adjustment based on changes to the Consumer Price Index (CPI) and any fluctuation in disposal tipping fees. The attached resolution approves the proposed rate change for Fiscal Year 2026 (effective July 1, 2025) at this public hearing and authorizes annual future inflationary adjustments to service rates for a five-year period through July 1, 2029 using the same methodology and formulas as allowed under the terms of the City’s Agreement with EDCO and consistent with the public noticing procedures of Proposition 218.

RECOMMENDATION:

Open the public hearing and receive public comments; close the public hearing and allow City Clerk to tabulate number of written protests received; and if there is no majority protest received, consider adoption of Resolution 2025-022 to approve the integrated solid waste management service maximum fee increase requested by EDCO effective July 1, 2025 and authorize future annual inflationary adjustments to refuse service rates through July 1, 2029 using the same methodology and formulas as allowed under the terms of the City’s Agreement with EDCO.

OPTIONS:
 Adopt Resolution 2025-022;
 Continue the item and provide further direction to the City Manager BACKGROUND/ANALYSIS:

On June 16, 1999, City Council adopted Resolution No. 99-5080 selecting EDCO Disposal Corporation as the City’s provider of integrated waste management services. EDCO commenced services for the City on January 1, 2000. There have been three amendments to the Agreement since Resolution No. 99-5080 was adopted.

The EDCO Agreement with amendments specifies the method and formula to be used in calculating the maximum allowable annual rate adjustment based on the Consumer Price Index (CPI) and fluctuations in disposal tipping fees. If a rate adjustment is to be requested for the

P a g e | 2
succeeding year, EDCO must submit the request to the City no later than March 1st. Otherwise, the annual rate adjustment is forgone until the following fiscal year. Upon receipt of the rate adjustment request, the rates are subject to approval by City Council.

On February 20, 2025, EDCO delivered a letter to Public Works requesting a Solid Waste Fee adjustment in the maximum allowable service fee. The formula for the Solid Waste Fee adjustment is applied to three customer rate categories: 1) single family residential, 2) commercial and multifamily residential and 3) roll-off services. Collectively the proposed EDCO rate adjustments equate to a 3.49% increase for basic residential service, a 3.45% increase in basic commercial service, and 3.40% increase in standard roll-off rates. The proposed increases are to be effective July 1, 2025. City staff’s review of the letter request found the rate fee adjustment consistent with the format and procedures contained within the EDCO agreement.

Under Proposition 218, the City may choose to authorize a scheduled rate adjustment for up to a five-year period if there is a noticed public hearing and no majority protest received. If Council decides to pass a five-year rate schedule, then future EDCO rate adjustments (beginning July 1, 2026 through July 1, 2029), if requested by EDCO, will only require a 30 day notice mailed to impacted rate payers prior to the new rate going into effect.

Public noticing procedures for the proposed rate increases have been followed pursuant to Proposition 218. The ratepayers were provided with 45 days advance written notice to consider the proposed EDCO rate changes. Additionally, the City provided extra notice of this public hearing by publication in the I.B. Eagle and Times. The City Clerk will provide a count of any protest letters received by the City as part of the public hearing.

The most recent Proposition 218 notice for Integrated Solid Waste Management Service Fees was issued in 2020, and the City Council thereafter approved a new rate scheduled after holding the noticed public hearing. Since then, EDCO has implemented the following annual rate adjustments for basic residential and commercial/multi-family customers:
 FY 2021 – Introduced organics collection; rates increased by 2.78% for basic single-family residential and 2.72% for commercial/multi-family customers  FY 2022 – Rates increased by 1.59% for basic single-family residential and 1.59% for commercial/multi-family customers
 FY 2023 – Rates increased by 4.30% for basic single-family residential and 4.06% for commercial/multi-family customers
 FY 2024 – Rates increased by 5% for basic single-family residential and 5% for commercial/multi-family customers; this reflects a reduced CPI-based adjustment in response to high inflation
 FY 2025 – Rates increased by 4.37% for basic single-family residential and 5.1% for commercial/multi-family customers; this reflects a reduced CPI-based adjustment in response to high inflation
The table below shows the proposed rate increase effective July 1, 2025. More information about the proposed rate increases can be found in the notice mailed to customers as shown in Attachment 2.

P a g e | 3

CURRENT
MAX. MONTHLY SOLID

WASTE FRANCHISE

SERVICE RATE
PROPOSED July 1, 2025
MAX. MONTHLY SOLID

WASTE FRANCHISE

SERVICE RATE
35-gallon cart $39.57 $40.95
64-gallon cart $40.63 $42.05
90-gallon cart $41.88 $43.34
Additional 64-gallon cart $8.67 $8.97
Additional 90-gallon cart $9.27 $9.59
3-yard bin once per week $200.89 $207.82
3-yard bin twice per week $366.64 $379.29
3-yard bin three times per week $532.34 $550.71
3-yard bin four times per week $698.12 $722.21
3-yard bin five times per week $863.87 $893.67
3-yard bin six times per week $1029.61 $1065.13
Standard roll-off charge per load $293.03 $302.70
Compactor charge per load $439.54 $454.04
Delivery or relocation charge $83.90 $86.67
Commercial Organics 65 gallon $147.62 $152.71
Commercial Organics 95 gallon $168.34 $174.15
Commercial Organics 2-yard bin $280.71 $290.39
The attached resolution approves the proposed rate change for Fiscal Year 2026 (effective July 1, 2025) at this public hearing and authorizes future annual inflationary adjustments to service rates for a five-year period through July 1, 2029 using the same methodology and formulas as allowed under the terms of the City’s Agreement with EDCO and consistent with the public noticing procedures of Proposition 218.

ENVIRONMENTAL DETERMINATION:

Not a project as defined by CEQA.

FISCAL IMPACT:

None

P a g e | 4
ATTACHMENTS:

1. Resolution 2025-022

2. Proposition 218 Rate Notice

ATTACHMENT 1
RESOLUTION NO. 2025-022

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

APPROVING THE INTEGRATED SOLID WASTE MANAGEMENT SERVICES FEE INCREASE BY EDCO DISPOSAL CORPORATION EFFECTIVE JULY 1, 2025 AND AUTHORIZING FUTURE ANNUAL INFLATIONARY ADJUSTMENTS THROUGH JULY 1, 2029 WHEREAS, the City of Imperial Beach manages solid waste for its residents and businesses, as outlined in Section 8.36 of the Imperial Beach Municipal Code, through a franchise agreement with EDCO; and
WHEREAS, EDCO’s services include the collection, transfer, processing, and disposal of all solid waste, recyclables, and organic waste (i.e., landscaping and food waste) generated in the City of Imperial Beach; and
WHEREAS, the City’s Integrated Waste Management Services Agreement with EDCO (“Agreement”) sets forth an inflation formula for annual adjustments to the rates, which includes variables such as the Consumer Price Index (CPI) and operational increases in disposal costs; and
WHEREAS, the City’s last rate review in accordance with Proposition 218 occurred February 5, 2020; and
WHEREAS, EDCO is requesting a maximum allowable rate increase for FY 2025/26 and is requesting future inflationary adjustments in the solid waste disposal commencing July 1, 2026 and on July 1 of each year thereafter through July 1, 2029 calculated with the same methodology and formulas as allowed under the terms of the Agreement between the City and EDCO and in accordance with Proposition 218; and
WHEREAS, City staff has reviewed the proposed EDCO rate adjustment and concurs that it follows the formulas and methods stated in the Agreement; and WHEREAS, consistent with Proposition 218, the City is holding a public hearing prior to approving this Resolution which was noticed by publication and a 45-day notice mailed to impacted rate payers; and
WHEREAS, adjustment of the refuse rate is being proposed due to the increased costs of providing refuse collection and recycling services to the residential and business communities.

Revenues derived from the refuse rates are used solely for the actual and necessary expenses of providing refuse services to customers. The purpose of the proposed rate increases is to allow EDCO to collect sufficient revenue to enable it to continue providing refuse service to its customers in the face of increasing operating costs and legal mandates imposed by the State of California.

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 and incorporated into this Resolution as findings.

2. The City Council of the City of Imperial Beach approves the EDCO rate adjustment for the integrated solid waste management services maximum fee increase of 3.49% for basic residential service, 3.45% for basic commercial/multi-family service, and 3.30% for standard roll off service effective July 1, 2025.

3. The City Council authorizes annual inflationary adjustments to the solid waste disposal

Resolution No. 2025-022

rates, if requested by EDCO, effective July 1, 2026, and on July 1 of each year thereafter through July 1, 2029. These adjustments shall be calculated using the following six-step formula and methodology established in the Agreement between the City and EDCO, and in accordance with Proposition 218:

Step 1: Determine gross rate revenue by deducting franchise fee for commercial and residential services.

Step 2: Determine disposal expense and service revenue as a percent of actual gross rate revenue for commercial and residential services Step 3: Calculate the percent change in adjustment factors (CPI Los Angeles Index and disposal tipping fee per ton)
Step 4: Calculate weighted percent change for commercial and residential services by multiplying the percent of gross revenue net of franchise fee adjustment factors.

Step 5: Apply weighted percent change to commercial and residential service rates
Step 6: Apply percent change in CPI Los Angeles Index to Roll-Off Rates.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its meeting held on the 21st day of May 2025, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

PALOMA AGUIRRE, MAYOR
ATTEST:

JACQUELINE M. KELLY, MMC

CITY CLERK

1 City of Imperial Beach
Notice of Public Hearing to Consider
Proposed Refuse Rate Increase
If you are the owner of this property but have a tenant who is responsible for the refuse collection bill related to this property, please forward this notice to the tenant.

NOTICE OF PUBLIC HEARING ON PROPOSED REFUSE RATES
In compliance with Article XIII D of the California Constitution and the Proposition 218 Omnibus Implementation Act, notice is hereby given that the City Council of the City of Imperial Beach will hold a Public Hearing at a regular meeting of the City Council of the City of Imperial Beach on May 21, 2025 , at 6:00 PM, or as soon as possible thereafter as the matter can be heard at the regularly scheduled City Council meeting in the Council Chamber of the Civic Center, 825 Imperial Beach Boulevard, Imperial Beach, California, for the purpose of considering an increase in refuses service rates charged by EDCO Disposal Corp (“EDCO”), the City’s franchised waste hauler. As part of this hearing, the City will also consider authorizing future inflationary adjustments to the maximum allowable Integrated Solid Waste Management Services fees charged by EDCO through June 30, 2030 calculated with the same methodology and formulas as allowed under the terms of the Agreement between the City and EDCO and Proposition 218 as explained in more detail below.

Additional information pertaining to this matter may be obtained from the Public Works Department, 495 10th Street, Imperial Beach, California 91932 or by visiting the following website: https://www.imperialbeachca.gov/214/Solid-Waste-Recycling

PURPOSE OF PROPOSED RATE INCREASES
The City of Imperial Beach manages solid waste for its residents and businesses, as outlined in Section 8.36 of the Imperial Beach Municipal Code, through a franchise agreement with EDCO. EDCO’s services include the collection, transfer, processing, and disposal of all solid waste, recyclables, and organic waste (i.e., landscaping and food waste) generated in the City of Imperial Beach. The City’s last rate review occurred in 2020. The City’s franchise agreement with EDCO sets forth an inflation formula for annual adjustments to the rates, which includes variables such as the Consumer Price Index (CPI) and operational increases in disposal costs. If the proposed rates are adopted, then annual adjustments to such rates may only continue for the next five (5) years or until another Public Hearing is held. Adjustment of the refuse rate is being proposed due to the increased costs of providing refuse collection and recycling services to the residential and business communities. Revenues derived from the refuse rates are used solely for the actual and necessary expenses of providing refuse services to customers. The purpose of the proposed rate increases is to allow EDCO to ATTACHMENT 2

2 collect sufficient revenue to enable it to continue providing refuse service to its customers in the face of increasing operating costs and legal mandates imposed by the State of California.

PROPOSED INCREASES
The amount of your refuse bill is determined by the quantity and size of your refuse containers and the frequency of collection.

The table below shows the proposed rate increase effective July 1, 2025.

CURRENT
MAX. MONTHLY SOLID

WASTE FRANCHISE

SERVICE RATE
PROPOSED July 1, 2025
MAX. MONTHLY SOLID

WASTE FRANCHISE

SERVICE RATE
35-gallon cart $39.57 $40.95
64-gallon cart $40.63 $42.05
90-gallon cart $41.88 $43.34
Additional 64-gallon cart $8.67 $8.97
Additional 90-gallon cart $9.27 $9.59
3-yard bin once per week $200.89 $207.82
3-yard bin twice per week $366.64 $379.29
3-yard bin three times per
week
$532.34 $550.71
3-yard bin four times per
week
$698.12 $722.21
3-yard bin five times per
week
$863.87 $893.67
3-yard bin six times per week $1029.61 $1065.13
Standard roll-off charge per
load
$293.03 $302.70
Compactor charge per load $439.54 $454.04
Delivery or relocation charge $83.90 $86.67
Commercial Organics 65
gallon
$147.62 $152.71
Commercial Organics 95
gallon
$168.34 $174.15
Commercial Organics 2-yard
bin
$280.71 $290.39
In addition, the City Council will consider a schedule of annual refuse rate adjustments based on the schedule below for subsequent fiscal years as allowed by law.

Integrated Solid Waste Management Services Fee Schedule The City Council will also consider approving an annual rate adjustment commencing July 1, 2026 and on July 1 of each year thereafter through July 1, 2029 utilizing the following six step formula:

3 Step 1: Determine gross rate revenue by deducting franchise fee for commercial and residential services
Step 2: Determine disposal expense and service revenue as a percent of actual gross rate revenue for commercial and residential services
Step 3: Calculate the percent change in adjustment factors (CPI Los Angeles Index and disposal tipping fee per ton)
Step 4: Calculate weighted percent change for commercial and residential services by multiplying the percent of gross revenue net of franchise fee adjustment factors.

Step 5: Apply weighted percent change to commercial and residential service rates Step 6: Apply percent change in CPI Los Angeles Index to Roll-Off Rates.

PROTESTS
Persons interested may appear before the Council at the public hearing at the above date, place and time. At the public hearing, the City Council will consider objections and protests to the proposed charges. Oral comments at the public hearing will not qualify as a formal protest unless accompanied by a written protest. Any property owner or any tenant directly responsible for the payment of such rates may submit a written protest to the proposed increases to the rates; provided, however, that only one protest will be counted per identified parcel. Written protests may be delivered to Attn: City Clerk, City of Imperial Beach, 825 Imperial Beach Boulevard, Imperial Beach, California 91932, by 2:00 p.m., May 21, 2025, or filed with the City Clerk prior to the conclusion of the public hearing. Any written protest must: (1) state that the identified property owner or tenant is opposed to the proposed rate increase(s); (2) provide the location of the identified parcel (by assessor’s parcel number or street address); and (3) include the name and signature of the property owner or tenant submitting the protest. Owners of multiple properties must file a separate written protest for each property. Protests sent by email or other electronic means or received after the Public Hearing is closed will not be accepted.

The City Council will receive a final tabulation of all written protests received by the City at the hearing. If written protests are submitted by a majority of affected property owners/tenants, the proposed new rates may not be implemented. If you challenge the matter in court, you may be limited to raising those issues regarding the manner, method, costs or other matters concerning the basis of the rates which you or someone else raised at the public hearing described in this Notice or in written correspondence delivered to the City at, or prior to, the public hearing.

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May 21, 2025
ITEM TITLE: CITY VACANCIES AND RECRUITMENT AND RETENTION EFFORTS IN COMPLIANCE WITH ASSEMBLY BILL 2561. (0640-40)
ORIGINATING DEPARTMENT:

Human Resources
EXECUTIVE SUMMARY:

Assembly Bill 2561 (AB 2561 codified California Government Code § 3502.3), signed into law in September 2024 with an effective date of January 1, 2025, requires public agencies, including the City of Imperial Beach, to hold at least one public hearing per fiscal year to report on vacancies and recruitment and retention efforts.

RECOMMENDATION:

Open and hold the Public Hearing pursuant to Assembly Bill 2561 for comment and receive the presentation and report from staff.

OPTIONS:

1. Open and hold the Public Hearing; and

2. Receive and file the report; or

3. Provide direction to the City Manager and return with a supplemental report at a future meeting.

BACKGROUND/ANALYSIS:

Assembly Bill 2561 was recently signed into law and became effective on January 1, 2025. The law, which added Section 3502.3 to the California Government Code, requires public agencies to present on the status of vacancies and recruitment and retention efforts during a public hearing before their governing board.

Local government agencies are required to:
 Provide a yearly update to the City Council on employee vacancies, recruitment and retention efforts, and any obstacles in the hiring process.  Present additional information regarding vacancies upon request by an employee organization if the vacancy rate within a bargaining unit is at least 20%.  Allow employee organizations to make a presentation to the City Council.

Analysis:

The City recognizes that recruitment is about identifying, attracting, and hiring the right people for the organization, and retention is about keeping employees engaged, satisfied, and committed to the organization in the long term. Both efforts are critical for the organization’s success, especially in today’s competitive job market.

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AB 2561 acknowledges that recruitment and retention is currently a challenge for all public sector employers in California. In this regard, the City experiences similar challenges with respect to its recruitment efforts since it is competing for a limited pool of qualified candidates among other cities within the region. The following are the current vacancy rates from January 1, 2025 through May 9, 2025 listed per Bargaining Unit:
 Service Employees International Union (SEIU): 8.2%
 Imperial Beach Firefighters’ Association (IBFA): 0.0%  Unrepresented groups (confidential, mid-management, management): 18.92% The following provides an update on the current vacancies for the following positions:

Position Title Bargaining Unit Status
Building/Housing Inspector I SEIU Recruitment will begin June 2025 Facilities Supervisor SEIU Recruitment will begin June 2025 Maintenance Worker II (Facilities) SEIU Currently recruiting Maintenance Worker I (Sewer) SEIU Currently recruiting for two (2) openings
Ocean Lifeguard I (seasonal) SEIU Currently recruiting
Senior Administrative Assistant
(City Clerk’s Department)
Confidential
(non-represented)
Currently recruiting
Administrative Assistant
(Council & City Manager’s Office)
Confidential
(non-represented)
Recruitment will begin in FY26
Division Chief Mid-Management
(non-represented)
Recruitment will begin in FY26
Community Development Director Management
(non-represented)
Recruitment will begin in FY26
Parks, Recreation & Community
Services Director
Management
(non-represented)
Will remain vacant for two years
(FY26 &FY27)
Employee retention remains a central focus for the City. Over the years, the City has implemented several initiatives designed to improve employee satisfaction, promote longevity, and enhance professional growth. The City has implemented the following recruitment and retention efforts:
 Utilizing various platforms (LinkedIn, specialty/industry job boards) and social media platform outreach promoting job vacancies to attract a wider candidate pool  Participate in high school, college, and community events and career fairs  Continuously review salary structures to remain market-competitive  Existing partnerships with local colleges and offering internship programs to students  Conducted a compensation study for all represented employees in IBFA and implemented median adjustments during the current Memorandum of Understanding  Conducted an Independent Operational Assessment for the Marine Safety Department which included a compensation study
 Conducted a compensation study for all represented employees in SEIU and the City is in the middle of negotiating implementing median adjustments  Increased the Tuition Reimbursement Program for job-related degrees and certifications  Offer pay differentials: bilingual-pay, commercial driver certification pay, dive team pay, notary pay, and longevity pay
 Offer flexible work schedules such as 9/80 and 4/10
 14 paid holidays

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 36 hours of paid floating holiday
 Paid holiday furlough between December 24th and January 1st  Vacation and sick pay, including vacation cash out opportunities  Paid health insurance benefits for employee and family members plus dental and vision coverage
 Short-term and long-term disability and life insurance benefits  Retirement benefits
 Annual years-of-service recognition event
 Employee wellness programs
Next Steps
The Human Resources Department will continuously monitor vacancy rates for each employee association and will notify the association if their respective vacancy rate reaches 20%. The City will continue to make a presentation at a public hearing at least once per fiscal year to comply with Assembly Bill 2561.

ENVIRONMENTAL DETERMINATION:

Not a project as defined by CEQA.

FISCAL IMPACT:

There is no direct fiscal impact associated with conducting the public hearing required under Government Code section 3205.3. However, addressing recruitment and retention issues may involve future budget and bargaining considerations, which will be presented to the City Council as necessary.

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May 21, 2025
ITEM TITLE: RESOLUTION NO. 2025-023 APPROVING FORMAL AMENDMENT NO. 08 (25- 08) TO THE 2025 TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2025 THROUGH 2029. (0680-95)
ORIGINATING DEPARTMENT:

Public Works
EXECUTIVE SUMMARY:

This is the Public Hearing to approve Amendment No. 08 (25-08), to the 2025 Regional Transportation Improvement Program (RTIP) updating TransNet programmed funds to match funding changes to projects in the City’s Capital Improvement Program that use TransNet funds.

The 2025 TransNet Program of Projects is periodically adjusted to reflect the latest SANDAG estimates of the City’s annual income from TransNet sales tax revenues and to account for any changes in programmed project funding. The TransNet Extension Ordinance (Proposition A) requires TransNet recipients to hold a Public Hearing and submit a formal amendment any time TransNet funds are impacted.

RECOMMENDATION:

1. Receive this report;

2. Open the Public Hearing;

3. Receive public comment;

4. Close the Public Hearing;

5. Adopt Resolution 2025-023 – A Resolution of the City Council of the City of Imperial Beach, California approving the 2025 TransNet Local Street Improvement Program of Projects for Fiscal Years 2025 through 2029.

OPTIONS:
 Adopt Resolution No. 2025-023 approving Amendment No. 08 (25-08) to the 2025 TransNet Local Street Improvement Program of Projects for Fiscal Years 2025 through 2029; or
 Adopt Resolution No. 2025-023 and approve Amendment No. 08 (25-08) to the 2025 TransNet Local Street Improvement Program of Projects for Fiscal Years 2025 through 2029 as modified by City Council; or
 Request additional information and an additional report.

BACKGROUND/ANALYSIS:

The TransNet Extension Ordinance became effective in Fiscal Year 2009. The TransNet Extension Ordinance limited the maintenance expenditures to a maximum of 30% of the total Local Streets and Roadway Program allocation. The remaining 70% of the allocated funds are

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to be expended on major roadway capital improvement projects.

On June 18, 2024, Council held a Public Hearing and adopted the 2025 RTIP for Fiscal Years 2025 through 2029.

The following four City projects have TransNet funds programmed in the current RTIP Program of Projects:

1. IB02 Street Maintenance Operations

2. IB12 Major Street Improvements

3. IB22 9th Street Active Transportation Corridor

4. IB24 Palm Avenue Complete Multimodal Corridor.

Attachment 2 provides the 2025 RTIP Formal Amendment No. 08 Program of Projects for the City of Imperial Beach for the five-year period (FYs 2025-2029) and includes those four projects.

Under each of those projects, the updated TransNet programmed funds included in this amendment as well as the TransNet programmed funds when the projects were last amended prior to this amendment are shown.

ENVIRONMENTAL DETERMINATION:

Not a project as defined by CEQA.

FISCAL IMPACT:

Programmed funds in the 2025 TransNet Local Street Improvement Program of Projects for Fiscal Years 2025 through 2029 will match the funding in the City’s Capital Improvement Program.

ATTACHMENTS:

ATT 1 – Resolution No. 2025-023
ATT 2 – 2025 RTIP Formal Amendment No. 08 Program of Projects

ATTACHMENT 1
RESOLUTION NO. 2025-023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, APPROVING FORMAL AMENDMENT NO. 08 (25-08) TO THE 2025 TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2025 THROUGH 2029
WHEREAS, on November 4, 2004, the voters of San Diego County approved the San Diego Transportation Improvement Program Ordinance and Expenditure Plan (TransNet Extension Ordinance); and
WHEREAS, the TransNet Extension Ordinance provides that SANDAG, acting as the Regional Transportation Commission, shall approve on a biennial basis a multi-year program of projects submitted by local jurisdictions identifying those transportation projects eligible to use transportation sales tax (TransNet) funds; and
WHEREAS, the City of Imperial Beach was provided with an estimate of annual TransNet local street improvement revenues for fiscal years 2025 through 2029; and WHEREAS, the City of Imperial Beach approved its 2025 TransNet Local Street Improvement Program of Projects (POP) on June 18, 2024 and the City of Imperial Beach desires to make adjustments to its Program of Projects; and
WHEREAS, the City of Imperial Beach has held a noticed public hearing with an agenda item that clearly identified the proposed amendment prior to approval of the projects by its authorized legislative body in accordance with Section 5(A) of the TransNet Extension Ordinance and Rule 7 of SANDAG Board Policy No. 31; and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Imperial Beach as follows:

1. Requests that SANDAG make the following changes to its POP (the “Amendment”) as programmed in the 2025 RTIP and:

2. Pursuant to Section 2(C)(1) of the TransNet Extension Ordinance, the City of Imperial Beach certifies that no more than 30 percent of its annual revenues shall be spent on local street and road maintenance-related projects as a result of the Amendment.

3. Pursuant to Section 4(E)(3) of the TransNet Extension Ordinance, the City of Imperial Beach certifies that all new or changed projects, or major reconstruction projects included in the Amendment and funded by TransNet revenues shall accommodate travel by pedestrians and bicyclists, and that any exception to this requirement permitted under the Ordinance and proposed was clearly noticed as part of the City of Imperial Beach’s public hearing process for the Amendment.

4. The City of Imperial Beach does hereby certify that all other applicable provisions of the TransNet Extension Ordinance and SANDAG Board Policy No. 31 have been met.

5. The City of Imperial Beach continues to agree to indemnify, hold harmless, and defend SANDAG, the San Diego County Regional Transportation Commission, and all officers and employees thereof against all causes of action or claims related to the City of Imperial Beach’s TransNet funded projects.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its meeting held on the 21st day of May 2025, by the following vote:

Resolution No. 2025-023

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

PALOMA AGUIRRE, MAYOR
ATTEST:

JACQUELINE M. KELLY, MMC

CITY CLERK

Attachment 2 Page 181 of 226
Attachment 2 Page 182 of 226
Attachment 2 Page 183 of 226
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May 21, 2025
ITEM TITLE: CONSIDER ADOPTING RESOLUTION 2025-028 OPPOSING DETRIMENTAL EFFECTS OF FEDERAL TARIFFS ON THE LOCAL AND REGIONAL ECONOMY. (0460-40) ORIGINATING DEPARTMENT:

Mayor
EXECUTIVE SUMMARY:

The Mayor is recommending that the City Council consider adopting Resolution 2025-028 opposing the continuation and expansion of recent tariffs imposed by President Trump, and considering the serious and documented economic harm these tariffs have inflicted on California, San Diego County, and by extension, the Imperial Beach community.

RECOMMENDATION:

That the City Council consider adopting Resolution 2025-028 drafted by the Mayor.

OPTIONS:
 That the City Council adopt Resolution 2025-028; or
 That the City Council adopt Resolution 2025-028 with modifications; or  That the City Council not adopt Resolution 2025-028; or  That the City Council provide further direction to staff.

BACKGROUND/ANALYSIS:

The Mayor is recommending that the City of Imperial Beach consider adopting Resolution 2025- 028 opposing the continuation and expansion of recent tariffs imposed by President Trump, and considering the serious and documented economic harm these tariffs have inflicted on California, San Diego County, and by extension, the Imperial Beach community.

Key Detrimental Effects

1. Statewide Economic Losses
 California faces a $16 billion revenue loss directly linked to economic instability from Trump-era tariffs. This “Trump slump” is projected to exacerbate the state’s current $12 billion budget deficit, threatening vital services, including those that reach the South Bay region. The California Public Employees’ Retirement System (CalPERS) suffered $15 billion in losses in the first two days following the announcement of the tariffs.
 Source(s): Politico, 2025; Cal Matters, 2025

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2. Disruption of Trade and Local Business
 San Diego’s $33 billion export economy has been disrupted. New tariffs and retaliatory trade measures have created uncertainty, reducing demand for locally made goods and increasing costs for imports, particularly hurting small businesses (93% of which have 12 or fewer employees).
 Source: KPBS, 2025

3. Harm to the Construction and Housing Sector
 Tariffs on materials from China, Canada, and the EU have inflated the cost of building materials by over $3 billion statewide, adding $7,500–$10,000 to the cost of a new home—fueling the housing affordability crisis.  Source: East County Magazine, 2025

4. Impact on Agriculture and Food Prices
 California’s $59 billion agriculture industry has lost access to key markets, particularly China, due to retaliatory tariffs. Imperial Beach’s proximity to agricultural hubs means rising food prices directly burden our residents.  Source: The Guardian, 2025

5. Consumer Price Increases
 Tariffs function as hidden taxes, raising the cost of consumer goods. Local families now face higher prices for essentials like clothing, electronics, and groceries— contributing to cost-of-living pressures already high in coastal communities.  Source: CBS 8 News, 2025
Conclusion
The Mayor states: Trump-era tariffs have imposed significant economic harm at every level— statewide, regionally, and locally. Imperial Beach residents, particularly working families and small business owners, are paying the price. In light of this data and the broader public interest, the Mayor urges support for a City resolution opposing the continuation and expansion of these harmful tariffs.

ENVIRONMENTAL DETERMINATION:

Not a project as defined by CEQA.

FISCAL IMPACT:

No fiscal impact.

ATTACHMENTS:

ATT 1 – Resolution 2025-028

ATTACHMENT 1
RESOLUTION NO. 2025-028

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

EXPRESSING OPPOSITION TO FEDERAL TARIFFS THAT THREATEN THE ECONOMIC

STABILITY OF THE BINATIONAL REGION
WHEREAS, the City of Imperial Beach and neighboring communities within South San Diego County are part of a unique binational region centered around the busiest land border crossing in the world, through which over 100,000 people travel daily for work, education, tourism, and commerce; and
WHEREAS, the San Diego – Tijuana binational region generates over $60 Billion in international trade annually, supporting jobs and economic growth throughout California and the United States; and
WHEREAS, our region is economically and socially integrated, with a workforce, business community, and transportation systems that depend on cross-border mobility, predictability, and stability; and
WHEREAS, on February 1, 2025 broad tariffs were imposed by the federal government and caused a disproportionate and destabilizing impact on California’s binational communities; and
WHEREAS, the broad tariffs imposed by the federal government caused $15 Billion in losses to the California Public Employees’ Retirement System (CalPERS) of which the City of Imperial Beach is one of nearly 3,000 employers who contract with CalPERS for retirement, health, death, and survivor benefits for city employees; and WHEREAS, the financial impact in losses for CalPERS and the State of California have a direct impact on our city’s budget which affects the public services and long-term financial sustainability of our city; and
WHEREAS, these tariffs have also increased costs, introduced economic uncertainty to local and small businesses, undermined key sectors vital to our region’s economy – not only tourism and trade, but also manufacturing, supply chain logistics, and small businesses that depend on binational cooperation; and
WHEREAS, the City of Imperial Beach recognizes that the strength of our regional economy is directly tied to the health, safety, and efficiency of our border infrastructure and binational relationships – any disruption at the border reverberates across local industries and households; and
WHEREAS, the City of Imperial Beach is already seeing the consequences of these policies through constraints and uncertainty during the current budget cycle; and WHEREAS, economic uncertainty and fiscal constraints impacted by these tariffs are complicating efforts of the City of Imperial Beach to invest confidently in municipal programs, recreation, and services such as citywide conservation efforts, economic development, community service initiatives, and special events throughout the year which are beneficial to the community-building, health, and wellness of our city; and

Resolution No. 2025-028

WHEREAS, it is in the City of Imperial Beach’s interest to advocate for economic stability, regional resilience, and mutually beneficial policies that reflect the lived reality and interconnectedness of our binational region; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Imperial Beach as follows:

1. That the City Council expresses opposition to the continuation and expansion of harmful federal tariffs that have caused serious and documented negative effects to the economic health of the State of California, San Diego County, and by extension, our own community; and

2. The City Council directs staff to transmit a copy of this resolution to relevant state and federal agencies.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its meeting held on the 21st day of May 2025, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

PALOMA AGUIRRE, MAYOR
ATTEST:

JACQUELINE M. KELLY, MMC

CITY CLERK

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May 21, 2025
ITEM TITLE: DISCUSS SENATE BILL 79 AND CONSIDER AUTHORIZING THE MAYOR TO SEND A LETTER OF OPPOSITION ON BEHALF OF THE CITY OF IMPERIAL BEACH. (0460- 20)
ORIGINATING DEPARTMENT:

City Manager
EXECUTIVE SUMMARY:

On January 15, 2025, Senate Bill (SB) 79 (Attachment 1) was introduced to the California State Senate. According to the Legue of California Cities (Cal Cities), if adopted, SB 79 would override state-certified local housing elements and transfer land-use authority to transit agencies without ensuring housing development, including affordable housing. SB 79 mandates ministerial approval of high-density residential projects up to seven stories near certain major transit stops, regardless of local zoning codes. The bill would limit the role of local development standards and would allow transit agencies to make independent land-use decisions on property they own or lease, without consideration for local planning, community needs, or environmental impacts.

RECOMMENDATION:

Discuss Senate Bill 79 and consider authorizing the Mayor to send a letter of opposition for SB 79 on behalf of the City of Imperial Beach to the appropriate legislators.

OPTIONS:
• Authorize sending a letter of opposition for SB 79; or • Do not authorize sending a letter of opposition for SB 79; or • Request more information at a future meeting.

BACKGROUND/ANALYSIS:

The League of California Cities (Cal Cities), of which the City of Imperial Beach is a member, has requested that cities send opposition letters for Senate Bill 79 (SB 79) (Wiener) to appropriate legislators (Attachment 2). Per Cal Cities, SB 79 requires cities to ministerially approve higherdensity residential projects — up to 7 stories — near certain public transit stops, regardless of zoning codes. SB 79 limits the use of local development standards and allows transit agencies full land-use authority over residential and commercial development on property owned or leased by the transit agency, without any requirement that developers build housing, let alone affordable housing.

Cal Cities further states that SB 79 overrides the state’s own mandated local housing elements by forcing cities to approve transit-oriented development projects near specified transit stops — up to seven stories high and a density of 120 homes per acre — without regard to the community's needs, environmental review, or public input. SB 79 provides transit agencies:

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 Unlimited land use authority on property they own or have a permanent easement, regardless of the distance from a transit stop.
 Power to determine all aspects of residential and commercial development including height, density, and design, without any regard to local zoning or planning.  Ability to develop 100% commercial projects, even at transit stops, and not provide a single new home.

Cal Cities and the cities of Oceanside, San Marcos, Solana Beach, and Vista have already signed letters of opposition, which are attached to this report (Attachment 3-7).

ENVIRONMENTAL DETERMINATION:

Not a project as defined by CEQA.

FISCAL IMPACT:

No fiscal impact.

ATTACHMENTS:

ATT 1 – SB 79 Text – April 23, 2025
ATT 2 – SB 79 City Sample Letter to Oppose
ATT 3 – SB 79 Oceanside Opposition Letter
ATT 4 – SB 79 San Marcos Opposition Letter
ATT 5 – SB 79 Solana Beach Opposition Letter
ATT 6 – SB 79 Vista Opposition Letter
ATT 7 – SB 79 Cal Cities Opposition Letter

AMENDED IN SENATE APRIL 23, 2025
AMENDED IN SENATE APRIL 9, 2025
AMENDED IN SENATE MARCH 5, 2025
SENATE BILL No. 79
Introduced by Senator Wiener
January 15, 2025
An act to amend Section 54221 of, and to add Chapter 4.1.5 (commencing with Section 65912.155) to Division 1 of Title 7 of, the Government Code, and to add Section 21080.26.5 to the Public Resources Code, relating to land use.
legislative counsel’s digest
SB 79, as amended, Wiener. Local government land: public transit use: housing development: transit-oriented development. (1) Existing law prescribes requirements for the disposal of surplus land by a local agency. Existing law defines “surplus land” for these purposes to mean land owned in fee simple by any local agency for which the local agency’s governing body takes formal action declaring that the land is surplus and is not necessary for the agency’s use. Existing law defines “agency’s use” for these purposes to include land that is being used for agency work or operations, as provided. Existing law exempts from this definition of “agency’s use” certain commercial or industrial uses, except that in the case of a local agency that is a district, except a local agency whose primary purpose or mission is to supply the public with a transportation system, “agency’s use” may include commercial or industrial uses or activities, as specified.

This bill would additionally include land leased to support public transit operations in the definition of “agency’s use,” as described above. 96 ATTACHMENT 1

The bill would also revise the definition of “agency’s use” with respect to commercial or industrial uses to instead provide that a district or a public transit operator may use land for commercial or industrial uses or activities, as described above.
(2)  Existing law, the Planning and Zoning Law, requires each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city, and specified land outside its boundaries, that contains certain mandatory elements, including a housing element. Existing law requires that the housing element include, among other things, an assessment of housing needs and an inventory of resources and constraints that are relevant to the meeting of these needs, including an inventory of land suitable for residential development, as provided. Existing law, for the 4th and subsequent revisions of the housing element, requires the Department of Housing and Community Development to determine the existing and projected need for housing for each region, as specified, and requires the appropriate council of local governments, or the department for cities and counties without a council of governments, to adopt a final regional housing need plan that allocates a share of the regional housing need to each locality in the region.

Existing law, the Housing Accountability Act, among other things, requires a local agency that proposes to disapprove a housing development project, as defined, or to impose a condition that the project be developed at a lower density to base its decision on written findings supported by a preponderance of the evidence that specified conditions exist if that project complies with applicable, objective general plan, zoning, and subdivision standards and criteria in effect at the time that the application was deemed complete. The act authorizes the applicant, a person who would be eligible to apply for residency in the housing development project or emergency shelter, or a housing organization to bring an action to enforce the act’s provisions, as provided, and provides for penalties if the court finds that the local agency is in violation of specified provisions of the act.

This bill would require that a housing development project, as defined, proposed within a specified distance of a transit-oriented development (TOD) stop, as defined, be an allowed use on any site zoned for residential, mixed, commercial, or light industrial development, if the development complies with applicable requirements, as specified. The bill would establish requirements concerning height limits, density, and floor area ratio in accordance with a development’s proximity to 96 SB 79 — 2 —

specified tiers of TOD stops, as provided. The bill would provide that, for the purposes of the Housing Accountability Act, a proposed development consistent with the applicable standards of these provisions shall be deemed consistent, compliant, and in conformity with prescribed requirements. The bill would provide that a local government that denies a project meeting the requirements of these provisions located in a high-resource area, as defined, would be presumed in violation of the Housing Accountability Act, as specified, and immediately liable for penalties, as provided. The bill would specify that a development proposed pursuant to these provisions is eligible for streamlined, ministerial approval pursuant to specified law, except that the bill would exempt a project under these provisions from specified requirements, and would specify that the project is required to comply with certain affordability requirements, under that law.

This bill would require a proposed development to comply with specified requirements under existing law relating to the demolition of existing residential units. The bill would also authorize a transit agency to adopt objective standards for both residential and commercial development proposed pursuant to these provisions if the development would be constructed on land owned by the transit agency or on which the transit agency has a permanent operating easement, provided that the objective standards allow for the same or greater development intensity as allowed by local standards or applicable state law.

This bill would require the Department of Housing and Community Development to oversee compliance with the bill’s provisions, including, but not limited to, promulgating specified standards relating to the inventory of land included within a county’s or city’s housing element.

The bill would permit a local government to adopt an ordinance to implement these provisions, as provided. The bill would require the local government to submit a copy of this ordinance to the department within 60 days of adoption and require the department to review the ordinance for compliance, as specified. If the department finds an ordinance is out of compliance, and the local government does not take specified steps to address compliance, the bill would require the department to notify the local government in writing and authorize the department to notify the Attorney General, as provided.

This bill would define various terms for its purposes and make related findings and declarations.
96 — 3 — SB 79

This bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. (3)  Existing law, the California Environmental Quality Act (CEQA), requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA, until January 1, 2030, exempts from its requirements certain transportation-related projects if specified requirements are met, as provided. CEQA includes within these exempt transportation-related projects a public project for the institution or increase of bus rapid transit, bus, or light rail service, or other passenger rail service, that will be exclusively used by low-emission or zero-emission vehicles, on existing public rights-of-way or existing highway rights-of-way.

This bill would exempt from CEQA a public or private residential, commercial, or mixed-used project that, at the time the project application is filed, is located entirely or principally on land owned by a public transit agency, or fully or partially encumbered by an existing operating easement in favor of a public transit agency, and meets specified requirements. The bill would provide that, for a project that requires the construction of new passenger rail storage and maintenance facilities at a publicly or privately owned offsite location distinct from the principal project site, that project would be considered a wholly separate project from the project described in these provisions and shall not be exempt from CEQA.
(4)  By increasing the duties of local officials, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.

Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.
96 SB 79 — 4 —

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

State-mandated local program: yes.

The people of the State of California do enact as follows:
line 1 SECTION 1. Section 54221 of the Government Code is line 2 amended to read:
line 3 54221. As used in this article, the following definitions shall line 4 apply:
line 5 (a)  (1)  “Local agency” means every city, whether organized line 6 under general law or by charter, county, city and county, district, line 7 including school, sewer, water, utility, and local and regional park line 8 districts of any kind or class, joint powers authority, successor line 9 agency to a former redevelopment agency, housing authority, or line 10 other political subdivision of this state and any instrumentality line 11 thereof that is empowered to acquire and hold real property. line 12 (2)  The Legislature finds and declares that the term “district” line 13 as used in this article includes all districts within the state, line 14 including, but not limited to, all special districts, sewer, water, line 15 utility, and local and regional park districts, and any other political line 16 subdivision of this state that is a district, and therefore the changes line 17 in paragraph (1) made by the act adding this paragraph that specify line 18 that the provisions of this article apply to all districts, including line 19 school, sewer, water, utility, and local and regional park districts line 20 of any kind or class, are declaratory of, and not a change in, line 21 existing law.
line 22 (b)  (1)  “Surplus land” means land owned in fee simple by any line 23 local agency for which the local agency’s governing body takes line 24 formal action in a regular public meeting declaring that the land line 25 is surplus and is not necessary for the agency’s use. Land shall be line 26 declared either “surplus land” or “exempt surplus land,” as line 27 supported by written findings, before a local agency may take any line 28 action to dispose of it consistent with an agency’s policies or line 29 procedures. A local agency, on an annual basis, may declare line 30 multiple parcels as “surplus land” or “exempt surplus land.” line 31 (2)  “Surplus land” includes land held in the Community line 32 Redevelopment Property Trust Fund pursuant to Section 34191.4 line 33 of the Health and Safety Code and land that has been designated line 34 in the long-range property management plan approved by the line 35 Department of Finance pursuant to Section 34191.5 of the Health 96 — 5 — SB 79

line 1 and Safety Code, either for sale or for future development, but line 2 does not include any specific disposal of land to an identified entity line 3 described in the plan.
line 4 (3)  Nothing in this article prevents a local agency from obtaining line 5 fair market value for the disposition of surplus land consistent with line 6 Section 54226.
line 7 (4)  Notwithstanding paragraph (1), a local agency is not required line 8 to make a declaration at a public meeting for land that is “exempt line 9 surplus land” pursuant to subparagraph (A), (B), (E), (K), (L), or line 10 (Q) of paragraph (1) of subdivision (f) if the local agency identifies line 11 the land in a notice that is published and available for public line 12 comment, including notice to the entities identified in subdivision line 13 (a) of Section 54222, at least 30 days before the exemption takes line 14 effect.
line 15 (c)  (1)  Except as provided in paragraph (2), “agency’s use” line 16 shall include, but not be limited to, land that is being used, or is line 17 planned to be used pursuant to a written plan adopted by the local line 18 agency’s governing board, for agency work or operations, line 19 including, but not limited to, utility sites, property owned by a port line 20 that is used to support logistics uses, watershed property, land line 21 being used for conservation purposes, land for demonstration, line 22 exhibition, or educational purposes related to greenhouse gas line 23 emissions, sites for broadband equipment or wireless facilities, line 24 land leased to support public transit operations, and buffer sites line 25 near sensitive governmental uses, including, but not limited to, line 26 waste disposal sites, and wastewater treatment plants. “Agency’s line 27 use” by a local agency that is a district shall also include land line 28 disposed for uses described in subparagraph (B) of paragraph (2). line 29 (2)  (A)  “Agency’s use” shall not include commercial or line 30 industrial uses or activities, including nongovernmental retail, line 31 entertainment, or office development. Property disposed of for the line 32 sole purpose of investment or generation of revenue shall not be line 33 considered necessary for the agency’s use.
line 34 (B)  In the case of a local agency that is a district or a public line 35 transit operator, “agency’s use” may include commercial or line 36 industrial uses or activities, including nongovernmental retail, line 37 entertainment, or office development or be for the sole purpose of line 38 investment or generation of revenue if the agency’s governing line 39 body takes action in a public meeting declaring that the use of the line 40 site will do one of the following:
96 SB 79 — 6 —

line 1 (i)  Directly further the express purpose of agency work or line 2 operations.
line 3 (ii)  Be expressly authorized by a statute governing the local line 4 agency, provided the district complies with Section 54233.5 if line 5 applicable.
line 6 (d)  (1)  “Dispose” means either of the following:
line 7 (A)  The sale of the surplus land.
line 8 (B)  The entering of a lease for surplus land, which is for a term line 9 longer than 15 years, inclusive of any extension or renewal options line 10 included in the terms of the initial lease, entered into on or after line 11 January 1, 2024.
line 12 (2)  “Dispose” shall not mean either of the following:
line 13 (A)  The entering of a lease for surplus land, which is for a term line 14 of 15 years or less, inclusive of any extension or renewal options line 15 included in the terms of the initial lease.
line 16 (B)  The entering of a lease for surplus land on which no line 17 development or demolition will occur, regardless of the term of line 18 the lease.
line 19 (e)  “Open-space purposes” means the use of land for public line 20 recreation, enjoyment of scenic beauty, or conservation or use of line 21 natural resources.
line 22 (f)  (1)  Except as provided in paragraph (2), “exempt surplus line 23 land” means any of the following:
line 24 (A)  Surplus land that is transferred pursuant to Section 25539.4 line 25 or 37364.
line 26 (B)  Surplus land that is less than one-half acre in area and is line 27 not contiguous to land owned by a state or local agency that is line 28 used for open-space or low- and moderate-income housing line 29 purposes.
line 30 (C)  Surplus land that a local agency is exchanging for another line 31 property necessary for the agency’s use. “Property” may include line 32 easements necessary for the agency’s use.
line 33 (D)  Surplus land that a local agency is transferring to another line 34 local, state, or federal agency, or to a third-party intermediary for line 35 future dedication for the receiving agency’s use, or to a federally line 36 recognized California Indian tribe. If the surplus land is transferred line 37 to a third-party intermediary, the receiving agency’s use must be line 38 contained in a legally binding agreement at the time of transfer to line 39 the third-party intermediary.
96 — 7 — SB 79

line 1 (E)  Surplus land that is a former street, right-of-way, or line 2 easement, and is conveyed to an owner of an adjacent property. line 3 (F)  (i)  Surplus land that is to be developed for a housing line 4 development, which may have ancillary commercial ground floor line 5 uses, that restricts 100 percent of the residential units to persons line 6 and families of low or moderate income, with at least 75 percent line 7 of the residential units restricted to lower income households, as line 8 defined in Section 50079.5 of the Health and Safety Code, with line 9 an affordable sales price or an affordable rent, as defined in Section line 10 50052.5 or 50053 of the Health and Safety Code, for 55 years for line 11 rental housing, 45 years for ownership housing, and 50 years for line 12 rental or ownership housing located on tribal trust lands, unless a line 13 local ordinance or a federal, state, or local grant, tax credit, or other line 14 project financing requires a longer period of affordability, and in line 15 no event shall the maximum affordable sales price or rent level be line 16 higher than 20 percent below the median market rents or sales line 17 prices for the neighborhood in which the site is located. line 18 (ii)  The requirements of clause (i) shall be contained in a line 19 covenant or restriction recorded against the surplus land at the time line 20 of sale that shall run with the land and be enforceable against any line 21 owner who violates the covenant or restriction and each successor line 22 in interest who continues the violation.
line 23 (G)  (i)  Surplus land that is subject to a local agency’s open, line 24 competitive solicitation or that is put to open, competitive bid by line 25 a local agency, provided that all entities identified in subdivision line 26 (a) of Section 54222 will be invited to participate in the process, line 27 for a housing or a mixed-use development that is more than one line 28 acre and less than 10 acres in area, consisting of either a single line 29 parcel, or two or more adjacent or non-adjacent parcels combined, line 30 that includes not less than 300 residential units, and that restricts line 31 at least 25 percent of the residential units to lower income line 32 households, as defined in Section 50079.5 of the Health and Safety line 33 Code, with an affordable sales price or an affordable rent, as line 34 defined in Sections 50052.5 and 50053 of the Health and Safety line 35 Code, for 55 years for rental housing, 45 years for ownership line 36 housing, and 50 years for rental or ownership housing located on line 37 tribal trust lands, unless a local ordinance or a federal, state, or line 38 local grant, tax credit, or other project financing requires a longer line 39 period of affordability.
96 SB 79 — 8 —

line 1 (ii)  The requirements of clause (i) shall be contained in a line 2 covenant or restriction recorded against the surplus land at the time line 3 of sale that shall run with the land and be enforceable against any line 4 owner who violates the covenant or restriction and each successor line 5 in interest who continues the violation.
line 6 (H)  (i)  Surplus land totaling 10 or more acres, consisting of line 7 either a single parcel, or two or more adjacent or non-adjacent line 8 parcels combined for disposition to one or more buyers pursuant line 9 to a plan or ordinance adopted by the legislative body of the local line 10 agency, or a state statute. That surplus land shall be subject to a line 11 local agency’s open, competitive solicitation process or put out to line 12 open, competitive bid by a local agency, provided that all entities line 13 identified in subdivision (a) of Section 54222 will be invited to line 14 participate in the process for a housing or mixed-use development. line 15 (ii)  The aggregate development shall include the greater of the line 16 following:
line 17 (I)  Not less than 300 residential units.
line 18 (II)  A number of residential units equal to 10 times the number line 19 of acres of the surplus land or 10,000 residential units, whichever line 20 is less.
line 21 (iii)  At least 25 percent of the residential units shall be restricted line 22 to lower income households, as defined in Section 50079.5 of the line 23 Health and Safety Code, with an affordable sales price or an line 24 affordable rent pursuant to Sections 50052.5 and 50053 of the line 25 Health and Safety Code, for a minimum of 55 years for rental line 26 housing, 45 years for ownership housing, and 50 years for rental line 27 or ownership housing located on tribal trust lands, unless a local line 28 ordinance or a federal, state, or local grant, tax credit, or other line 29 project financing requires a longer period of affordability. line 30 (iv)  If nonresidential development is included in the line 31 development pursuant to this subparagraph, at least 25 percent of line 32 the total planned units affordable to lower income households shall line 33 be made available for lease or sale and permitted for use and line 34 occupancy before or at the same time with every 25 percent of line 35 nonresidential development made available for lease or sale and line 36 permitted for use and occupancy.
line 37 (v)  A violation of this subparagraph is subject to the penalties line 38 described in Section 54230.5. Those penalties are in addition to line 39 any remedy a court may order for violation of this subparagraph. line 40 A local agency shall only dispose of land pursuant to this 96 — 9 — SB 79

line 1 subparagraph through a disposition and development agreement line 2 that includes an indemnification clause that provides that if an line 3 action occurs after disposition violates this subparagraph, the line 4 person or entity that acquired the property shall be liable for the line 5 penalties.
line 6 (vi)  The requirements of clauses (i) to (v), inclusive, shall be line 7 contained in a covenant or restriction recorded against the surplus line 8 land at the time of sale that shall run with the land and be line 9 enforceable against any owner who violates the covenant or line 10 restriction and each successor in interest who continues the line 11 violation.
line 12 (I)  A mixed-use development, which may include more than line 13 one publicly owned parcel, that meets all of the following line 14 conditions:
line 15 (i)  The development restricts at least 25 percent of the residential line 16 units to lower income households, as defined in Section 50079.5 line 17 of the Health and Safety Code, with an affordable sales price or line 18 an affordable rent, as defined in Sections 50052.5 and 50053 of line 19 the Health and Safety Code, for 55 years for rental housing, 45 line 20 years for ownership housing, and 50 years for rental or ownership line 21 housing located on tribal trust lands, unless a local ordinance or a line 22 federal, state, or local grant, tax credit, or other project financing line 23 requires a longer period of affordability.
line 24 (ii)  At least 50 percent of the square footage of the new line 25 construction associated with the development is designated for line 26 residential use.
line 27 (iii)  The development is not located in an urbanized area, as line 28 defined in Section 21094.5 of the Public Resources Code. line 29 (J)  (i)  Surplus land that is subject to a valid legal restriction line 30 that is not imposed by the local agency and that makes housing line 31 prohibited, unless there is a feasible method to satisfactorily line 32 mitigate or avoid the prohibition on the site. A declaration of line 33 exemption pursuant to this subparagraph shall be supported by line 34 documentary evidence establishing the valid legal restriction. For line 35 the purposes of this section, “documentary evidence” includes, line 36 but is not limited to, a contract, agreement, deed restriction, statute, line 37 regulation, or other writing that documents the valid legal line 38 restriction.
line 39 (ii)  Valid legal restrictions include, but are not limited to, all of line 40 the following:
96 SB 79 — 10 —

line 1 (I)  Existing constraints under ownership rights or contractual line 2 rights or obligations that prevent the use of the property for line 3 housing, if the rights or obligations were agreed to prior to line 4 September 30, 2019.
line 5 (II)  Conservation or other easements or encumbrances that line 6 prevent housing development.
line 7 (III)  Existing leases, or other contractual obligations or line 8 restrictions, if the terms were agreed to prior to September 30, line 9 2019.
line 10 (IV)  Restrictions imposed by the source of funding that a local line 11 agency used to purchase a property, provided that both of the line 12 following requirements are met:
line 13 (ia)  The restrictions limit the use of those funds to purposes line 14 other than housing.
line 15 (ib)  The proposed disposal of surplus land meets a use consistent line 16 with that purpose.
line 17 (iii)  Valid legal restrictions that would make housing prohibited line 18 do not include either of the following:
line 19 (I)  An existing nonresidential land use designation on the surplus line 20 land.
line 21 (II)  Covenants, restrictions, or other conditions on the property line 22 rendered void and unenforceable by any other law, including, but line 23 not limited to, Section 714.6 of the Civil Code. line 24 (iv)  Feasible methods to mitigate or avoid a valid legal line 25 restriction on the site do not include a requirement that the local line 26 agency acquire additional property rights or property interests line 27 belonging to third parties.
line 28 (K)  Surplus land that was granted by the state in trust to a local line 29 agency or that was acquired by the local agency for trust purposes line 30 by purchase or exchange, and for which disposal of the land is line 31 authorized or required subject to conditions established by statute. line 32 (L)  Land that is subject to either of the following, unless line 33 compliance with this article is expressly required:
line 34 (i)  Section 17388, 17515, 17536, 81192, 81397, 81399, 81420, line 35 or 81422 of the Education Code.
line 36 (ii)  Part 14 (commencing with Section 53570) of Division 31 line 37 of the Health and Safety Code.
line 38 (M)  Surplus land that is a former military base that was line 39 conveyed by the federal government to a local agency, and is line 40 subject to Article 8 (commencing with Section 33492.125) of 96 — 11 — SB 79

line 1 Chapter 4.5 of Part 1 of Division 24 of the Health and Safety Code, line 2 provided that all of the following conditions are met:
line 3 (i)  The former military base has an aggregate area greater than line 4 five acres, is expected to include a mix of residential and line 5 nonresidential uses, and is expected to include no fewer than 1,400 line 6 residential units upon completion of development or redevelopment line 7 of the former military base.
line 8 (ii)  The affordability requirements for residential units shall be line 9 governed by a settlement agreement entered into prior to September line 10 1, 2020. Furthermore, at least 25 percent of the initial 1,400 line 11 residential units developed shall be restricted to lower income line 12 households, as defined in Section 50079.5 of the Health and Safety line 13 Code, with an affordable sales price or an affordable rent, as line 14 defined in Sections 50052.5 and 50053 of the Health and Safety line 15 Code, for 55 years for rental housing, 45 years for ownership line 16 housing, and 50 years for rental or ownership housing located on line 17 tribal trust lands, unless a local ordinance or a federal, state, or line 18 local grant, tax credit, or other project financing requires a longer line 19 period of affordability.
line 20 (iii)  Before disposition of the surplus land, the agency adopts line 21 written findings that the land is exempt surplus land pursuant to line 22 this subparagraph.
line 23 (iv)  Before disposition of the surplus land, the recipient has line 24 negotiated a project labor agreement consistent with the local line 25 agency’s project stabilization agreement resolution, as adopted on line 26 February 2, 2021, and any succeeding ordinance, resolution, or line 27 policy, regardless of the length of the agreement between the local line 28 agency and the recipient.
line 29 (v)  The agency includes in the annual report required by line 30 paragraph (2) of subdivision (a) of Section 65400 the status of line 31 development of residential units on the former military base, line 32 including the total number of residential units that have been line 33 permitted and what percentage of those residential units are line 34 restricted for persons and families of low or moderate income, or line 35 lower income households, as defined in Section 50079.5 of the line 36 Health and Safety Code.
line 37 A violation of this subparagraph is subject to the penalties line 38 described in Section 54230.5. Those penalties are in addition to line 39 any remedy a court may order for violation of this subparagraph line 40 or the settlement agreement.
96 SB 79 — 12 —

line 1 (N)  Real property that is used by a district for an agency’s use line 2 expressly authorized in subdivision (c).
line 3 (O)  Land that has been transferred before June 30, 2019, by the line 4 state to a local agency pursuant to Section 32667 of the Streets line 5 and Highways Code and has a minimum planned residential density line 6 of at least 100 dwelling units per acre, and includes 100 or more line 7 residential units that are restricted to persons and families of low line 8 or moderate income, with an affordable sales price or an affordable line 9 rent, as defined in Sections 50052.5 and 50053 of the Health and line 10 Safety Code, for 55 years for rental housing, 45 years for ownership line 11 housing, and 50 years for rental or ownership housing located on line 12 tribal trust lands, unless a local ordinance or a federal, state, or line 13 local grant, tax credit, or other project financing requires a longer line 14 period of affordability. For purposes of this subparagraph, not line 15 more than 20 percent of the affordable units may be restricted to line 16 persons and families of moderate income and at least 80 percent line 17 of the affordable units must be restricted to lower income line 18 households as defined in Section 50079.5 of the Health and Safety line 19 Code.
line 20 (P)  (i)  Land that meets the following conditions:
line 21 (I)  Land that is subject to a sectional planning area document line 22 that meets both of the following:
line 23 (ia)  The sectional planning area was adopted prior to January line 24 1, 2019.
line 25 (ib)  The sectional planning area document is consistent with line 26 county and city general plans applicable to the land. line 27 (II)  The land identified in the adopted sectional planning area line 28 document was dedicated prior to January 1, 2019. line 29 (III)  On January 1, 2019, the parcels on the land met at least line 30 one of the following conditions:
line 31 (ia)  The land was subject to an irrevocable offer of dedication line 32 of fee interest requiring the land to be used for a specified purpose. line 33 (ib)  The land was acquired through a land exchange subject to line 34 a land offer agreement that grants the land’s original owner the line 35 right to repurchase the land acquired by the local agency pursuant line 36 to the agreement if the land will not be developed in a manner line 37 consistent with the agreement.
line 38 (ic)  The land was subject to a grant deed specifying that the line 39 property shall be used for educational uses and limiting other types line 40 of uses allowed on the property.
96 — 13 — SB 79

line 1 (IV)  At least 25 percent of the units are dedicated to lower line 2 income households, as defined in Section 50079.5 of the Health line 3 and Safety Code, at an affordable rent, as defined by Section 50053 line 4 of the Health and Safety Code, or an affordable housing cost, as line 5 defined by Section 50052.5 of the Health and Safety Code, and line 6 subject to a recorded deed restriction for a period of 55 years for line 7 rental units and 45 years for owner-occupied units, unless a local line 8 ordinance or a federal, state, or local grant, tax credit, or other line 9 project financing requires a longer period of affordability. line 10 (V)  The land is developed at an average density of at least 10 line 11 units per acre, calculated with respect to the entire sectional line 12 planning area.
line 13 (VI)  No more than 25 percent of the nonresidential square line 14 footage identified in the sectional planning area document receives line 15 its first certificate of occupancy before at least 25 percent of the line 16 residential square footage identified in the sectional planning area line 17 document has received its first certificate of occupancy. line 18 (VII)  No more than 50 percent of the nonresidential square line 19 footage identified in the sectional planning area document receives line 20 its first certificate of occupancy before at least 50 percent of the line 21 residential square footage identified in the sectional planning area line 22 document has received its first certificate of occupancy. line 23 (VIII)  No more than 75 percent of the nonresidential square line 24 footage identified in the sectional planning area document shall line 25 receive its first certificate of occupancy before at least 75 percent line 26 of the residential square footage identified in the sectional planning line 27 area document has received its first certificate of occupancy. line 28 (ii)  The local agency includes in the annual report required by line 29 paragraph (2) of subdivision (a) of Section 65400 the status of line 30 development, including the total square footage of the residential line 31 and nonresidential development, the number of residential units line 32 that have been permitted, and what percentage of those residential line 33 units are restricted for persons and families of low or moderate line 34 income, or lower income households, as defined in Section 50079.5 line 35 of the Health and Safety Code.
line 36 (iii)  The Department of Housing and Community Development line 37 may request additional information from the agency regarding line 38 land disposed of pursuant to this subparagraph. line 39 (iv)  At least 30 days prior to disposing of land declared “exempt line 40 surplus land,” a local agency shall provide the Department of 96 SB 79 — 14 —

line 1 Housing and Community Development a written notification of line 2 its declaration and findings in a form prescribed by the Department line 3 of Housing and Community Development. Within 30 days of line 4 receipt of the written notification and findings, the department line 5 shall notify the local agency if the department has determined that line 6 the local agency is in violation of this article. A local agency that line 7 fails to submit the written notification and findings shall be liable line 8 for a civil penalty pursuant to this subparagraph. A local agency line 9 shall not be liable for the civil penalty if the Department of Housing line 10 and Community Development does not notify the agency that the line 11 agency is in violation of this article within 30 days of receiving line 12 the written notification and findings. Once the department line 13 determines that the declarations and findings comply with line 14 subclauses (I) to (IV), inclusive, of clause (i), the local agency line 15 may proceed with disposal of land pursuant to this subparagraph. line 16 This clause is declaratory of, and not a change in, existing law. line 17 (v)  If the local agency disposes of land in violation of this line 18 subparagraph, the local agency shall be liable for a civil penalty line 19 calculated as follows:
line 20 (I)  For a first violation, 30 percent of the greater of the final line 21 sale price or the fair market value of the land at the time of line 22 disposition.
line 23 (II)  For a second or subsequent violation, 50 percent of the line 24 greater of the final sale price or the fair market value of the land line 25 at the time of disposition.
line 26 (III)  For purposes of this subparagraph, fair market value shall line 27 be determined by an independent appraisal of the land. line 28 (IV)  An action to enforce this subparagraph may be brought by line 29 any of the following:
line 30 (ia)  An entity identified in subdivisions (a) to (e), inclusive, of line 31 Section 54222.
line 32 (ib)  A person who would have been eligible to apply for line 33 residency in affordable housing had the agency not violated this line 34 section.
line 35 (ic)  A housing organization, as that term is defined in Section line 36 65589.5.
line 37 (id)  A beneficially interested person or entity. line 38 (ie)  The Department of Housing and Community Development. line 39 (V)  A penalty assessed pursuant to this subparagraph shall, line 40 except as otherwise provided, be deposited into a local housing 96 — 15 — SB 79

line 1 trust fund. The local agency may elect to instead deposit the penalty line 2 moneys into the Building Homes and Jobs Trust Fund or the line 3 Housing Rehabilitation Loan Fund. Penalties shall not be paid out line 4 of funds already dedicated to affordable housing, including, but line 5 not limited to, Low and Moderate Income Housing Asset Funds, line 6 funds dedicated to housing for very low, low-, and line 7 moderate-income households, and federal HOME Investment line 8 Partnerships Program and Community Development Block Grant line 9 Program funds. The local agency shall commit and expend the line 10 penalty moneys deposited into the local housing trust fund within line 11 five years of deposit for the sole purpose of financing newly line 12 constructed housing units that are affordable to extremely low, line 13 very low, or low-income households.
line 14 (VI)  Five years after deposit of the penalty moneys into the line 15 local housing trust fund, if the funds have not been expended, the line 16 funds shall revert to the state and be deposited in the Building line 17 Homes and Jobs Trust Fund or the Housing Rehabilitation Loan line 18 Fund for the sole purpose of financing newly constructed housing line 19 units located in the same jurisdiction as the surplus land and that line 20 are affordable to extremely low, very low, or low-income line 21 households. Expenditure of any penalty moneys deposited into the line 22 Building Homes and Jobs Trust Fund or the Housing Rehabilitation line 23 Loan Fund pursuant to this subdivision shall be subject to line 24 appropriation by the Legislature.
line 25 (vi)  For purposes of this subparagraph, the following definitions line 26 apply:
line 27 (I)  “Sectional planning area” means an area composed of line 28 identifiable planning units, within which common services and line 29 facilities, a strong internal unity, and an integrated pattern of land line 30 use, circulation, and townscape planning are readily achievable. line 31 (II)  “Sectional planning area document” means a document or line 32 plan that sets forth, at minimum, a site utilization plan of the line 33 sectional planning area and development standards for each land line 34 use area and designation.
line 35 (vii)  This subparagraph shall become inoperative on January 1, line 36 2034.
line 37 (Q)  Land that is owned by a California public-use airport on line 38 which residential uses are prohibited pursuant to Federal Aviation line 39 Administration Order 5190.6B, Airport Compliance Program, line 40 Chapter 20 – Compatible Land Use and Airspace Protection. 96 SB 79 — 16 —

line 1 (R)  Land that is transferred to a community land trust, and all line 2 of the following conditions are met:
line 3 (i)  The property is being or will be developed or rehabilitated line 4 as any of the following:
line 5 (I)  An owner-occupied single-family dwelling.
line 6 (II)  An owner-occupied unit in a multifamily dwelling. line 7 (III)  A member-occupied unit in a limited equity housing line 8 cooperative.
line 9 (IV)  A rental housing development.
line 10 (ii)  Improvements on the property are or will be available for line 11 use and ownership or for rent by qualified persons, as defined in line 12 paragraph (6) of subdivision (c) of Section 214.18 of the Revenue line 13 and Taxation Code.
line 14 (iii)  (I)  A deed restriction or other instrument, requiring a line 15 contract or contracts serving as an enforceable restriction on the line 16 sale or resale value of owner-occupied units or on the affordability line 17 of rental units is recorded on or before the lien date following the line 18 acquisition of the property by the community land trust. line 19 (II)  For the purpose of this clause, the following definitions line 20 apply:
line 21 (ia)  “A contract or contracts serving as an enforceable restriction line 22 on the sale or resale value of owner-occupied units” means a line 23 contract described in paragraph (11) of subdivision (a) of Section line 24 402.1 of the Revenue and Taxation Code.
line 25 (ib)  “A contract or contracts serving as an enforceable restriction line 26 on the affordability of rental units” means an enforceable and line 27 verifiable agreement with a public agency, a recorded deed line 28 restriction, or other legal document described in subparagraph (A) line 29 of paragraph (2) of subdivision (g) of Section 214 of the Revenue line 30 and Taxation Code.
line 31 (iv)  A copy of the deed restriction or other instrument shall be line 32 provided to the assessor.
line 33 (S)  (i)  For local agencies whose primary mission or purpose is line 34 to supply the public with a transportation system, surplus land that line 35 is developed for commercial or industrial uses or activities, line 36 including nongovernmental retail, entertainment, or office line 37 development or for the sole purpose of investment or generation line 38 of revenue, if the agency meets all of the following conditions:
line 39 (I)  The agency has an adopted land use plan or policy that line 40 designates at least 50 percent of the gross acreage covered by the 96 — 17 — SB 79

line 1 adopted land use plan or policy for residential purposes. The line 2 adopted land use plan or policy shall also require the development line 3 of at least 300 residential units, or at least 10 residential units per line 4 gross acre, averaged across all land covered by the land use plan line 5 or policy, whichever is greater.
line 6 (II)  The agency has an adopted land use plan or policy that line 7 requires at least 25 percent of all residential units to be developed line 8 on the parcels covered by the adopted land use plan or policy made line 9 available to lower income households, as defined in Section 50079 line 10 of the Health and Safety Code, at an affordable sales price or rented line 11 at an affordable rent, as defined in Sections 50052.5 and 50053 of line 12 the Health and Safety Code, for 55 years for rental housing and line 13 45 years for ownership housing, unless a local ordinance or the line 14 terms of a federal, state, or local grant, tax credit, or other project line 15 financing requires a longer period of affordability. These terms line 16 shall be included in the land use plan or policy and dictate that line 17 they will be contained in a covenant or restriction recorded against line 18 the surplus land at the time of disposition that shall run with the line 19 land and be enforceable against any owner or lessee who violates line 20 the covenant or restriction and each successor in interest who line 21 continues the violation.
line 22 (III)  Land disposed of for residential purposes shall issue a line 23 competitive request for proposals subject to the local agency’s line 24 open, competitive solicitation process or put out to open, line 25 competitive bid by the local agency, provided that all entities line 26 identified in subdivision (a) of Section 54222 are invited to line 27 participate.
line 28 (IV)  Prior to entering into an agreement to dispose of a parcel line 29 for nonresidential development on land designated for the purposes line 30 authorized pursuant to this subparagraph in an agency’s adopted line 31 land use plan or policy, the agency, since January 1, 2020, must line 32 have entered into an agreement to dispose of a minimum of 25 line 33 percent of the land designated for affordable housing pursuant to line 34 subclause (II).
line 35 (ii)  The agency may exempt at one time all parcels covered by line 36 the adopted land use plan or policy pursuant to this subparagraph. line 37 (2)  Notwithstanding paragraph (1), a written notice of the line 38 availability of surplus land for open-space purposes shall be sent line 39 to the entities described in subdivision (b) of Section 54222 before line 40 disposing of the surplus land, provided the land does not meet the 96 SB 79 — 18 —

line 1 criteria in subparagraph (H) of paragraph (1), if the land is any of line 2 the following:
line 3 (A)  Within a coastal zone.
line 4 (B)  Adjacent to a historical unit of the State Parks System. line 5 (C)  Listed on, or determined by the State Office of Historic line 6 Preservation to be eligible for, the National Register of Historic line 7 Places.
line 8 (D)  Within the Lake Tahoe region as defined in Section 66905.5. line 9 (g)  “Persons and families of low or moderate income” has the line 10 same meaning as provided in Section 50093 of the Health and line 11 Safety Code.
line 12 SEC. 2. Chapter 4.1.5 (commencing with Section 65912.155) line 13 is added to Division 1 of Title 7 of the Government Code, to read:
line 14
line 15 Chapter 4.1.5. Transit-Oriented Development
line 16
line 17 65912.155. The Legislature finds and declares all of the line 18 following:
line 19 (a)  California faces a housing shortage both acute and chronic, line 20 particularly in areas with access to robust public transit line 21 infrastructure.
line 22 (b)  Building more homes near transit access reduces housing line 23 and transportation costs for California families, and promotes line 24 environmental sustainability, economic growth, and reduced traffic line 25 congestion.
line 26 (c)  Public transit systems require sustainable funding to provide line 27 reliable service, especially in areas experiencing increased density line 28 and ridership. The state does not invest in public transit service to line 29 the same degree as it does in roads, and the state funds a smaller line 30 proportion of the state’s major transit agencies’ operations costs line 31 than other states with comparable systems. Transit systems in other line 32 countries derive significant revenue from transit-oriented line 33 development at and near their stations.
line 34 65912.156. For purposes of this chapter, the following line 35 definitions apply:
line 36 (a)  “Adjacent” means sharing a property line with a transit stop, line 37 including any parcels that serve a parking or circulation purpose line 38 related to the stop.
96 — 19 — SB 79

line 1 (b)  “Commuter rail” means a rail transit service not meeting line 2 the standards for heavy rail or light rail, excluding California line 3 High-Speed Rail and Amtrak Long Distance Service. line 4 (c)  “Department” means the Department of Housing and line 5 Community Development.
line 6 (d)  “Frequent commuter rail” means a commuter rail service line 7 with a total of at least 24 daily trains per weekday across both line 8 directions and not meeting the standard for very high or line 9 high-frequency commuter rail at any point in the past three years. line 10 (e)  “Heavy rail transit” means an electric railway with the line 11 capacity for a heavy volume of traffic using high-speed and rapid line 12 acceleration passenger rail cars operating singly or in multicar line 13 trains on fixed rails, separate rights-of-way from which all other line 14 vehicular and foot traffic are excluded, and high platform loading. line 15 (f)  “High-frequency commuter rail” means a commuter rail line 16 service operating a total of at least 48 trains per day across both line 17 directions at any point in the past three years. line 18 (g)  “High-resource area” means a highest resource or line 19 high-resource neighborhood opportunity area, as used in the line 20 opportunity area maps published annually by the California Tax line 21 Credit Allocation Committee and the department. line 22 (h)  “Housing development project” has the same meaning as line 23 defined in Section 65589.5.
line 24 (i)  “Light rail transit” includes streetcar, trolley, and tramway line 25 service.
line 26 (j)  “Net habitable square footage” means the finished and heated line 27 floor area fully enclosed by the inside surface of walls, windows, line 28 doors, and partitions, and having a headroom of at least six and line 29 one-half feet, including working, living, eating, cooking, sleeping, line 30 stair, hall, service, and storage areas, but excluding garages, line 31 carports, parking spaces, cellars, half-stories, and unfinished attics line 32 and basements.
line 33 (k)  “Rail transit” has the same meaning as defined in Section line 34 99602 of the Public Utilities Code.
line 35 (l)  “Residential floor area ratio” means the ratio of net habitable line 36 square footage dedicated to residential use to the area of the lot. line 37 (m)  “Tier 1 transit-oriented development stop” means a major line 38 transit stop, as defined by Section 21155 of the Public Resources line 39 Code, served by heavy rail transit or very high frequency commuter line 40 rail.
96 SB 79 — 20 —

line 1 (n)  “Tier 2 transit-oriented development stop” means a major line 2 transit stop, as defined by Section 21155 of the Public Resources line 3 Code, excluding a Tier 1 transit-oriented development stop, served line 4 by light rail transit, by high-frequency commuter rail, or by bus line 5 service meeting the standards of paragraph (1) of subdivision (a) line 6 of Section 21060.2 of the Public Resources Code. line 7 (o)  “Tier 3 transit-oriented development stop” means a major line 8 transit stop, as defined by Section 21155 of the Public Resources line 9 Code, excluding a Tier 1 or Tier 2 transit-oriented development line 10 stop, served by frequent commuter rail service or by ferry service. line 11 (p)  “Transit-oriented development stop” means a major transit line 12 stop, as defined by Section 21155 of the Public Resources Code, line 13 excluding any stop served by rail transit with a frequency of fewer line 14 than 10 total trains per weekday.
line 15 (q)  “Very high frequency commuter rail” means a commuter line 16 rail service with a total of at least 72 trains per day across both line 17 directions at any point in the past three years. line 18 65912.157. (a)  A housing development project within one-half line 19 or one-quarter mile of a transit-oriented development stop shall line 20 be an allowed use on any site zoned for residential, mixed, line 21 commercial, or light industrial development, if the development line 22 complies with the applicable of all of the following requirements:
line 23 (1)  For a residential development within one-quarter mile of a line 24 Tier 1 transit-oriented development stop, all of the following apply:
line 25 (A)  A development may be built up to 75 feet high, or up to the line 26 local height limit, whichever is greater. If a development proposes line 27 a height under this subparagraph in excess of the local height line 28 limit, then a local government shall not be required to grant a line 29 waiver, incentive, or concession pursuant to Section 65915 for line 30 additional height beyond that specified under this subparagraph, line 31 except as provided in subparagraph (D) of paragraph (2) of line 32 subdivision (d) of Section 65915.
line 33 (B)  A local government shall not impose any maximum density line 34 of less than 120 dwelling units per acre. The development line 35 proponent may seek a further increased density in accordance with line 36 applicable density bonus law.
line 37 (C)  A local government shall not enforce any other local line 38 development standard or combination of standards that would line 39 prevent achieving a residential floor area ratio of up to 3.5. 96 — 21 — SB 79

line 1 (D)  A development that otherwise meets the eligibility line 2 requirements of Section 65915, including, but not limited to, line 3 affordability requirements, shall be eligible for three additional line 4 concessions pursuant to Section 65915.
line 5 (2)  For a residential development further than one-quarter mile line 6 but within one-half mile of a Tier 1 transit-oriented development line 7 stop, all of the following apply:
line 8 (A)  A development may be built up to 65 feet high, or up to the line 9 local height limit, whichever is greater. If a development proposes line 10 a height under this subparagraph in excess of the local height line 11 limit, then a local government shall not be required to grant a line 12 waiver, incentive, or concession pursuant to Section 65915 for line 13 additional height beyond that specified under this subparagraph, line 14 except as provided in subparagraph (D) of paragraph (2) of line 15 subdivision (d) of Section 65915.
line 16 (B)  A local government shall not impose any maximum density line 17 standard of less than 100 dwelling units per acre. The development line 18 proponent may seek a further increased density in accordance with line 19 applicable density bonus law.
line 20 (C)  A local government shall not enforce any other local line 21 development standard or combination of standards that would line 22 prevent achieving a residential floor area ratio of up to 3. line 23 (D)  A development that otherwise meets the eligibility line 24 requirements of Section 65915, including, but not limited to, line 25 affordability requirements, shall be eligible for two additional line 26 concessions pursuant to Section 65915.
line 27 (3)  For a residential development within one-quarter mile of a line 28 Tier 2 transit-oriented development stop, all of the following apply:
line 29 (A)  A development may be built up to 65 feet high, or up to the line 30 local height limit, whichever is greater. If a development proposes line 31 a height under this subparagraph in excess of the local height line 32 limit, then a local government shall not be required to grant a line 33 waiver, incentive, or concession pursuant to Section 65915 for line 34 additional height beyond that specified under this subparagraph, line 35 except as provided in subparagraph (D) of paragraph (2) of line 36 subdivision (d) of Section 65915.
line 37 (B)  A local government shall not impose any maximum density line 38 standard of less than 100 dwelling units per acre. The development line 39 proponent may seek a further increased density in accordance with line 40 applicable density bonus law.
96 SB 79 — 22 —

line 1 (C)  A local government shall not enforce any other local line 2 development standard or combination of standards that would line 3 prevent achieving a residential floor area ratio of up to 3. line 4 (D)  A development that otherwise meets the eligibility line 5 requirements of Section 65915, including, but not limited to, line 6 affordability requirements, shall be eligible for two additional line 7 concessions pursuant to Section 65915.
line 8 (4)  For a residential development further than one-quarter mile line 9 but within one-half mile of a Tier 2 transit-oriented development line 10 stop, all of the following apply:
line 11 (A)  A development may be built up to 55 feet high, or up to the line 12 local height limit, whichever is greater. If a development proposes line 13 a height under this subparagraph in excess of the local height line 14 limit, then a local government shall not be required to grant a line 15 waiver, incentive, or concession pursuant to Section 65915 for line 16 additional height beyond that specified under this subparagraph, line 17 except as provided in subparagraph (D) of paragraph (2) of line 18 subdivision (d) of Section 65915.
line 19 (B)  A local government shall not impose any maximum density line 20 standard of less than 80 dwelling units per acre. The development line 21 proponent may seek a further increased density in accordance with line 22 applicable density bonus law.
line 23 (C)  A local government shall not enforce any other local line 24 development standard or combination of standards that would line 25 prevent achieving a residential floor area ratio of up to 2.5. line 26 (D)  A development that otherwise meets the eligibility line 27 requirements of Section 65915, including, but not limited to, line 28 affordability requirements, shall be eligible for one additional line 29 concession pursuant to Section 65915.
line 30 (5)  For a residential development within one-quarter mile of a line 31 Tier 3 transit-oriented development stop, all of the following apply:
line 32 (A)  A development may be built up to 55 feet high, or up to the line 33 local height limit, whichever is greater. If a development proposes line 34 a height under this subparagraph in excess of the local height line 35 limit, then a local government shall not be required to grant a line 36 waiver, incentive, or concession pursuant to Section 65915 for line 37 additional height beyond that specified under this subparagraph, line 38 except as provided in subparagraph (D) of paragraph (2) of line 39 subdivision (d) of Section 65915.
96 — 23 — SB 79

line 1 (B)  A local government shall not impose any maximum density line 2 standard of less than 80 dwelling units per acre. The development line 3 proponent may seek a further increased density in accordance with line 4 applicable density bonus law.
line 5 (C)  A local government shall not enforce any other local line 6 development standard or combination of standards that would line 7 prevent achieving a residential floor area ratio of up to 2.5. line 8 (D)  A development that otherwise meets the eligibility line 9 requirements of Section 65915, including, but not limited to, line 10 affordability requirements, shall be eligible for one additional line 11 concession pursuant to Section 65915.
line 12 (6)  For a residential development further than one-quarter mile line 13 but within one-half mile of a Tier 3 transit-oriented development line 14 stop, all of the following apply:
line 15 (A)  A development may be built up to 45 feet high, or up to the line 16 local height limit, whichever is greater. If a development proposes line 17 a height under this subparagraph in excess of the local height line 18 limit, then a local government shall not be required to grant a line 19 waiver, incentive, or concession pursuant to Section 65915 for line 20 additional height beyond that specified under this subparagraph, line 21 except as provided in subparagraph (D) of paragraph (2) of line 22 subdivision (d) of Section 65915.
line 23 (B)  A local government shall not impose any maximum density line 24 standard of less than 60 dwelling units per acre. The development line 25 proponent may seek a further increased density in accordance with line 26 applicable density bonus law.
line 27 (C)  A local government shall not enforce any other local line 28 development standard or combination of standards that would line 29 prevent achieving a residential floor area ratio of up to 2. line 30 (b)  Notwithstanding any other law, a housing development line 31 project that meets any of the eligibility criteria under subdivision line 32 (a) and is immediately adjacent to a Tier 1, Tier 2, or Tier 3 line 33 transit-oriented development stop shall be eligible for an adjacency line 34 intensifier to increase the height limit by an additional 20 feet, the line 35 maximum density standard by an additional 40 dwelling units per line 36 acre, and the residential floor area ratio by 1. line 37 (c)  A development proposed pursuant to this section shall line 38 comply with the antidisplacement requirements of Section 66300.6. line 39 This subdivision shall apply to any city or county. 96 SB 79 — 24 —

line 1 (d)  For purposes of subdivision (j) of Section 65589.5, a line 2 proposed housing development project that is consistent with the line 3 applicable standards from this chapter shall be deemed consistent, line 4 compliant, and in conformity with an applicable plan, program, line 5 policy, ordinance, standard, requirement, or other similar provision. line 6 (e)  A local government that denies a housing development line 7 project meeting the requirements of this section that is located in line 8 a high-resource area shall be presumed to be in violation of the line 9 Housing Accountability Act (Section 65589.5) and immediately line 10 liable for penalties pursuant to subparagraph (B) of paragraph (1) line 11 of subdivision (k) of Section 65589.5, unless the local government line 12 demonstrates, pursuant to the standards in subdivisions (j) and (o) line 13 of Section 65589.5, that it has a health, life, or safety reason for line 14 denying the project.
line 15 65912.158. Notwithstanding any other provision of this chapter, line 16 a transit agency may adopt objective standards for both residential line 17 and commercial developments proposed to be constructed on land line 18 owned by the transit agency or on which the transit agency has a line 19 permanent operating easement, if the objective standards allow line 20 for the same or greater development intensity as that allowed by line 21 local standards or applicable state law.
line 22 65912.159. A housing development project proposed pursuant line 23 to Section 65912.157 shall be eligible for streamlined ministerial line 24 approval pursuant to Section 65913.4 in accordance with all of the line 25 following:
line 26 (a)  The proposed project shall be exempt from subparagraph line 27 (A) of paragraph (4) of, paragraph (5) of, and clause (iv) of line 28 subparagraph (A) of paragraph (6) of, subdivision (a) of Section line 29 65913.4.
line 30 (b)  The proposed project shall comply with the affordability line 31 requirements in subclauses (I) through (III), inclusive, of clause line 32 (i) of subparagraph (B) of paragraph (4) of subdivision (a) of line 33 Section 65913.4.
line 34 (c)  The proposed project shall comply with all other line 35 requirements of Section 65913.4, including, but not limited to, the line 36 prohibition against a site that is within a very high fire hazard line 37 severity zone, pursuant to subparagraph (D) of paragraph (6) of line 38 subdivision (a) of Section 65913.4.
line 39 65912.160. (a)  The department shall oversee compliance with line 40 this chapter, including, but not limited to, promulgating standards 96 — 25 — SB 79

line 1 on how to account for capacity pursuant to this chapter in a city line 2 or county’s inventory of land suitable for residential development, line 3 pursuant to Section 65583.2.
line 4 (b)  (1)  A local government may adopt an ordinance to line 5 implement the provisions of this chapter, which may include line 6 revisions to applicable zoning requirements on individual sites line 7 within a transit-oriented development zone, provided that those line 8 revisions maintain the average density allowed for the applicable line 9 tier, or up to a 100-percent increase, subject to review by the line 10 department pursuant to paragraph (3).
line 11 (2)  An ordinance adopted to implement this section shall not line 12 be considered a project under Division 13 (commencing with line 13 Section 21000) of the Public Resources Code.
line 14 (3)  (A)  A local government shall submit a copy of any line 15 ordinance adopted pursuant to this section to the department within line 16 60 days of adoption.
line 17 (B)  Upon receipt of an ordinance pursuant to this paragraph, line 18 the department shall review that ordinance and determine whether line 19 it complies with this section. If the department determines that the line 20 ordinance does not comply with this section, the department shall line 21 notify the local government in writing and provide the local line 22 government a reasonable time, not to exceed 30 days, to respond line 23 before taking further action as authorized by this section. line 24 (C)  The local government shall consider any findings made by line 25 the department pursuant to subparagraph (B) and shall do one of line 26 the following:
line 27 (i)  Amend the ordinance to comply with this section. line 28 (ii)  Adopt the ordinance without changes. The local government line 29 shall include findings in its resolution adopting the ordinance that line 30 explain the reasons the local government believes that the line 31 ordinance complies with this section despite the findings of the line 32 department.
line 33 (D)  If the local government does not amend its ordinance in line 34 response to the department’s findings or does not adopt a resolution line 35 with findings explaining the reason the ordinance complies with line 36 this chapter and addressing the department’s findings, the line 37 department shall notify the local government and may notify the line 38 Attorney General that the local government is in violation of this line 39 section.
96 SB 79 — 26 —

line 1 65912.161. The Legislature finds and declares that the state line 2 faces a housing crisis of availability and affordability, in large part line 3 due to a severe shortage of housing, and solving the housing crisis line 4 therefore requires a multifaceted, statewide approach, including, line 5 but not limited to, encouraging an increase in the overall supply line 6 of housing, encouraging the development of housing that is line 7 affordable to households at all income levels, removing barriers line 8 to housing production, expanding homeownership opportunities, line 9 and expanding the availability of rental housing, and is a matter line 10 of statewide concern and is not a municipal affair as that term is line 11 used in Section 5 of Article XI of the California Constitution. line 12 Therefore, this chapter applies to all cities, including charter cities. line 13 SEC. 3. Section 21080.26.5 is added to the Public Resources line 14 Code, to read:
line 15 21080.26.5. (a)  For the purposes of this section, “public line 16 project” means a project constructed by either a public agency or line 17 private entity, that, upon the completion of the construction, will line 18 be operated by a public agency.
line 19 (b)  This division shall not apply to a public or private residential, line 20 commercial, or mixed-used project that, at the time the project line 21 application is filed, is located entirely or principally on land owned line 22 by a public transit agency, or fully or partially encumbered by an line 23 existing operating easement in favor of a public transit agency, line 24 and that includes at least one of the following:
line 25 (1)  A project component identified in paragraphs (1) to (5), line 26 inclusive, or paragraph (7) of subdivision (b) of Section 21080.25. line 27 (2)  A public project for passenger rail service facilities, other line 28 than light rail service eligible under paragraph (5) of subdivision line 29 (b) of Section 21080.25, including the construction, line 30 reconfiguration, or rehabilitation of stations, terminals, rails, line 31 platforms, or existing operations facilities, which will be line 32 exclusively used by zero-emission or electric trains. The project line 33 shall be located on land owned by a public transit agency, or land line 34 fully or partially encumbered by an existing operating easement line 35 in favor of a public transit agency, at the time the project line 36 application is filed.
line 37 (3)  An agreement between the project applicant and public line 38 transit agency that owns the land or has the permanent operating line 39 easement to finance transit capital infrastructure, transit line 40 maintenance, or transit operations, including through a proposed 96 — 27 — SB 79

line 1 public financing district, community financing district, or tax line 2 increment generated by the project.
line 3 (c)  If a project described in subdivision (b) requires the line 4 construction of new passenger rail storage and maintenance line 5 facilities at a publicly or privately owned offsite location distinct line 6 from the principal project site, then that project shall be considered line 7 a wholly separate project from the project described in subdivision line 8 (b) and shall not be exempt from this division. Any required line 9 environmental review shall not affect or render invalid the line 10 exemption provided in subdivision (b), regardless of whether the line 11 project described in subdivision (b) cannot proceed unless the line 12 offsite facilities are constructed.
line 13 SEC. 4. No reimbursement is required by this act pursuant to line 14 Section 6 of Article XIIIB of the California Constitution because line 15 a local government or school district has the authority to levy line 16 service charges, fees, or assessments sufficient to pay for the line 17 program or level of service mandated by this act, within the line 18 meaning of Section 17556 of the Government Code.

O
96 SB 79 — 28 —

ATTACHMENT 2
NOTE – The Legislature has a new letter submission process that requires ALL LETTERS TO BE UPLOADED INTO A NEW ELECTRONIC PORTAL. The portal will automatically send letters to the author’s office and the committee(s) of jurisdiction. Please visit https://calegislation.lc.ca.gov/advocates/ to create an account and upload this letter. If you are having difficulty accessing the portal, please contact Meg at our office [email protected].

In addition to submitting the letter through the portal, please send a physical copy to your Legislator(s), and continue to send a copy by email to your Regional Public Affairs Manager, and the Cal Cities city letter account ([email protected]). ***CITY LETTERHEAD***
DATE
The Honorable Scott Wiener
Senator, California State Senate
1021 O St, Suite 8620
Sacramento, CA 95814
RE: SB 79 (Wiener) Transit-oriented Development
Notice of Opposition
Dear Senator Wiener,
The City/Town of __________ writes to express our strong opposition to your SB 79 (Wiener), which would disregard state-certified housing elements and bestow land use authority to transit agencies without any requirement that developers build housing, let alone affordable housing.

SB 79 doubles down on the recent trend of the state overriding its own mandated local housing elements. This latest overreaching effort forces cities to approve transit-oriented development projects near specified transit stops — up to seven stories high and a density of 120 homes per acre — without regard to the community's needs, environmental review, or public input.

PLEASE CITE SPECIFIC REASONS OF HOW YOUR CITY WILL BE AFFECTED BY THIS BILL.

Most alarmingly, SB 79 defies cities’ general plans and provides transit agencies unlimited land use authority on property they own or have a permanent easement, regardless of the distance from a transit stop. Transit agencies would have the power to determine all aspects of the development including height, density, and design, without any regard to local zoning or planning.

This broad new authority applies to both residential and commercial development. Transit agencies could develop 100% commercial projects — even at transit stops — and not provide a

single new home, while simultaneously making the argument that more housing must be constructed around transit stops.

City/Town of _______ appreciates and respects your desire to pursue a housing production proposal. However, as currently drafted, SB 79 will not spur much-needed housing construction in a manner that supports local flexibility, decision-making, and community input. State-driven ministerial or by-right housing approval processes fail to recognize the extensive public engagement associated with developing and adopting zoning ordinances and housing elements.

California will never produce the number of homes needed with an increasingly state-driven, byright housing approval process. What we really need is a sustainable state investment that matches the scale of this decades-in-the-making crisis. For these reasons, the City/Town of _______ strongly opposes SB 79.

Sincerely,
NAME
TITLE
CITY/TOWN of ______________
cc. Your Senator & Assembly Member
Your League Regional Public Affairs Manager (via email) League of California Cities, [email protected]

City Council
[email protected]
April 11, 2025
The Honorable Scott Wiener
Senator, California State Senate
1021 O St, Suite 8620
Sacramento, CA 95814
RE: SB 79 (Wiener) Transit-oriented Development
Notice of Opposition
Dear Senator Wiener,
I write to express my strong opposition to your SB 79 (Wiener), which would disregard state-certified housing elements and bestow land use authority to transit agencies without any requirement that developers build housing, let alone affordable housing.

SB 79 doubles down on the recent trend of the state overriding its own mandated local housing elements. This latest overreaching effort forces cities to approve transit-oriented development projects near specified transit stops — up to seven stories high and a density of 120 homes per acre — without regard to the community's needs, environmental review, or public input.

San Marcos has many types of transit stops, and the Sprinter, a hybrid rail train that is part the North County Transit District (NCTD) travels through the city. While the city of San Marcos has an effective partnership with the NCTD, SB 79 would override our city’s mandated local housing elements, and could force us to approve transit-oriented development projects near transit stops that are not suited for them.

Most alarmingly, SB 79 defies cities’ general plans and provides transit agencies unlimited land use authority on property they own or have a permanent easement, regardless of the distance from a transit stop. Transit agencies would have the power to determine all aspects of the development including height, density, and design, without any regard to local zoning or planning.

This broad new authority applies to both residential and commercial development. Transit agencies could develop 100% commercial projects — even at transit stops — and not provide a single new home, while simultaneously making the argument that more housing must be constructed around transit stops.

I appreciate and respect your desire to pursue a housing production proposal. However, as currently drafted, SB 79 will not spur much-needed housing construction in a manner that supports local flexibility, decision-making, and community input. State-driven ministerial or by-right housing approval processes fail to recognize the extensive public engagement associated with developing and adopting zoning ordinances and housing elements.

California will never produce the number of homes needed with an increasingly state-driven, by-right housing approval process. What we really need is a sustainable state investment that matches the scale of this decadesin-the-making crisis. For these reasons, I strongly oppose SB 79.

ATTACHMENT 4

April 15, 2025
The Honorable Scott Wiener
Senator, California State Senate
1021 O St, Suite 8620
Sacramento, CA 95814
RE: SB 79 (Wiener) Transit-oriented Development
Notice of Opposition
Dear Senator Wiener,
The City of Solana Beach writes to express our strong opposition to your SB 79 (Wiener), which would not only disregard the City’s compliance with and completion of statecertified housing elements, but also bestow land use authority to transit agencies and other private property owners without any coordination with the City.

SB 79 significantly extends housing streamlining in a manner that is harmful to the public – both current residents and future residents – by forcing cities to approve transit-oriented development projects near specified transit stops — up to seven stories high and a density of 120 homes per acre — without regard to the community's needs, environmental review, or public input.

While the station meets the requirements for Tier 3, the City of Solana Beach transit station is a limited use station that does not reflect a high commuter population and use. This station more typically supports visitor-serving Amtrak access, specifically for those visiting the coastal areas on the weekends and for holidays, and the Del Mar fairgrounds for seasonal events and programs. Further, this station is located within close proximity to the City’s beaches and is not in a centralized location as is typically found in large cities and urbanized, commuter communities.

Additionally, upon close review of the proposed legislation, this legislation would create a significant disconnect between the housing and the necessary public services, public facilities and infrastructure necessary to support current and future residents. Specifically, limited water and sewer facilities within our City could be significantly impacted by development at greater intensity and density as would be permitted under this legislation. Further, requirements such as a water supply assessment or educational facility planning would be foregone if this legislation moves forward as proposed.

Most alarmingly, SB 79 defies cities’ general plans and provides transit agencies and properties adjacent to transit properties land use authority. Further, it would permit transit agencies on property they own or have a permanent easement over, regardless of the ATTACHMENT 5